Agenda, first session — Roseville City Council, May 18, 2022 (part 1 of 6)

AGENDA
May 18, 2022

CITY COUNCIL
6:00 p.m.

Council Chambers
311 Vernon Street
Roseville, California
www.roseville.ca.us
The meeting may be viewed on Comcast channel 14, Consolidated Communications channel 73, and AT&T U-Verse. City Council meetings are also video streamed live on the City’s website at roseville.ca.us/watch and roseville.ca.us/agenda, and the City’s YouTube channel at youtube.com/CityofRosevilleCa.

If you need a disability-related modification or accommodation to participate in this meeting, please contact Voice: 916-774-5200, TDD: 916-774-5220. Requests must be made as early as possible.

THE CITY OF ROSEVILLE WELCOMES YOUR PARTICIPATION
If an agenda item is open to public comment, such public comment shall be addressed to the chair of the meeting.

Public Comment - Speakers have three minutes under Public Comment to speak on issues that are not listed on the agenda and are within the City's jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda.

Consent Calendar - If applicable, the Consent Calendar consists of routine items that may be approved by one motion. Any person can remove an item from the Consent Calendar to be discussed separately.

Agenda Items - Speakers have five minutes to address items that are listed on the agenda.

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Roseville City Clerk 311 Vernon Street, Roseville, CA 916-774-5200 TDD 916-774-5220

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. MEETING PROCEDURES

5. PUBLIC COMMENTS

6. CONSENT CALENDAR

BEGINNING OF CONSENT CALENDAR
Bids / Purchases / Services

6.1. 2021 General Fund Arterial Resurfacing Project - Approval of Plans and Specifications and Authorization to Call for Bids
Memo from Assistant Engineer Jesse Khatkar and Public Works Director Jason Shykowski recommending the City Council approve plans and specifications for the 2021 General Fund Arterial Resurfacing project and authorize staff to call for bids. The scope of this project consists of resurfacing various arterial streets including portions of Pleasant Grove Blvd, Douglas Blvd, Cirby Way, Rocky Ridge Dr, South Cirby, and Old Auburn. The engineer's estimate for this project is approximately $3.9 Million and the project is fully funded with FY2021 General Fund surplus funds.

CC #: 2062
File #: 0900-04-01
CONTACT: Jesse Khatkar 916-774-5434 [email protected]

6.2. Industrial Substation Switchgear #1 Replacement Civil Construction - Approval of Plans and Specifications and Authorization to Call for Bids Memo from Power Engineer Austin Kurth and Electric Utility Director Dan Beans recommending the City Council approve the Industrial Switchgear #1 Foundation Construction project plans and specifications and authorize staff to advertise and call for bids. This project is for civil construction at the Industrial Substation and is required for the replacement of the existing switchgear #1 that has reached its end of life. Replacement of the switchgear is necessary to maintain system reliability. The estimated total project cost is $120,000 and funds are available in the Electric Fund FY2021-22 budget.

CC #: 2078
File #: 0900-03
CONTACT: Austin Kurth 916-774-5661 [email protected]

6.3. Gearbox Replacement - Sole Source Purchase Order
Memo from Preventative Maintenance Coordinator Blaine Wiegel and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 22-157 APPROVING A PURCHASE ORDER
FOR MIXING GEARBOX REPLACEMENTS. Staff requests Council approve a sole source purchase order with Philadelphia Mixing Solutions, LLC in the amount of $264,270 with a ten percent (10%) contingency in the amount of $26,427 for unforeseen inflated material and/or shipping costs. Funding will be provided from the Environmental Utilities Department’s FY2021-22 Wastewater Operations Fund budget for the Dry Creek Wastewater Treatment Plant.

CC #: 2074
File #: 0203-09
CONTACT: Blaine Wiegel 916-746-1833 [email protected]

6.4. Distribution Transformers - Purchase Order Increase Memo from Power Engineering Manager Chris Porter and Electric Utility Director Dan Beans recommending the City Council approve an increase to the Purchase Order for Distribution Transformers (RFQ 10-3177) from $7,000,000 to $12,000,000. The Electric Department has an ongoing need for the materials purchased on this Purchase Order in order to support new development, distribution system upgrades and maintenance activities. Funding is included in the Electric Fund for FY2021-22 and future year funding will be included in the annual City Council approved Electric Department budget.

CC #: 2068
File #: 0203-07
CONTACT: Chris Porter 916-774-5615 [email protected]

6.5. Vehicles – Purchase Orders
Memo from Fleet Manager Brian Craighead and Public Works Director Jason Shykowski recommending the City Council approve a purchase order to Napa Valley Ford Lincoln Mercury, Inc. dba Napa Ford Lincoln for six (6) Ford F250 utility body trucks utilizing RFQ 10-3320 in the amount of $366,640; and approve a purchase order to Napa Valley Ford Lincoln Mercury, Inc. dba Napa Ford Lincoln for two (2) Ford F550 utility body crane trucks utilizing RFQ 10- 3321 in the amount of $272,570. Funding for these vehicles is included in the FY2021-22 Fleet Replacement budget.

CC #: 2082
File #: 0203-01
CONTACT: Brian Craighead 916-774-5731 [email protected] Resolutions

6.6. 2022 Local Housing Trust Fund Application
Memo from Housing Manager Trisha Isom and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 22-152 AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE THE LOCAL HOUSING TRUST FUND GRANT

APPLICATIONS, FORMS, STANDARD AGREEMENTS AND ALL
RELEVANT DOCUMENTS ON BEHALF OF THE CITY OF ROSEVILLE.

Staff requests Council approval to submit an application for the Local Housing Trust Fund for the Housing and Community Development Department 2022 Local Housing Trust Fund Notice of Funding Availability. The Housing Division will apply for matching funds of $4,057,451 in Local Housing Trust Fund Program grants for affordable housing construction. No General Fund resources will be used for this program.

CC #: 2063
File #: 0709-01 & 0214
CONTACT: Trisha Isom 916-746-1239 [email protected] Sara Thornton 916-774-5295 [email protected]

6.7. Creekview Phase 2 Village 16 - Notice of Completion Memo from Construction Inspector Troy Galvin and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 22-155 ACCEPTING THE PUBLIC WORK KNOWN AS CREEKVIEW
PHASE 2 VILLAGE 16 PROJECT, APPROVING THE "NOTICE OF
COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY

ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF

ROSEVILLE, THEREFORE, AND ACCEPTING ALL DEDICATIONS
OFFERED ON THE RECORDED MAP OF THE SUBDIVISION. The
Engineering Division has made final inspection of the project and has found the civil improvement work complete in accordance with the improvement plans and City specifications. This action has no impact to the City's General Fund.

Construction costs were paid by the developer.

CC #: 2066
File #: 0400-04-13-1
CONTACT: Troy Galvin 916-223-7441 [email protected]

6.8. Creekview Phase 2 Village 17 - Notice of Completion Memo from Construction Inspector Troy Galvin and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 22-156 ACCEPTING THE PUBLIC WORK KNOWN AS CREEKVIEW
PHASE 2 VILLAGE 17 PROJECT, APPROVING THE "NOTICE OF
COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY

ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF

Construction costs were paid by the developer.

CC #: 2067
File #: 0400-04-13-1
CONTACT: Troy Galvin 916-223-7441 [email protected]

6.9. Federal Transit Administration Low or No Emission Vehicle Program and Buses and Bus Facilities Program - Grant Applications
Memo from Transit Operations Analyst Ed Scofield and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 22-163 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO

SUBMIT FEDERAL TRANSPORTATION ADMINISTRATION FISCAL
YEAR 2022 §5339(c) LOW OR NO EMISSION VEHICLE PROGRAM AND §5339(b) BUSES AND BUS FACILITIES PROGRAM GRANT

APPLICATIONS AND TO EXECUTE ALL RELATED FORMS AND
AGREEMENTS. Staff requests Council approve a request to submit a Federal Transit Administration Fiscal Year 2022 5339(c) Low or No Emission Vehicle Program grant application and a 5339(b) Buses and Bus Facilities Program grant application for an amount not to exceed $13,600,000 for the purchase of up to seven zero-emission electric transit buses, up to eight zero-emission electric transit cutaway buses, up to six electric chargers and the necessary electrical work, to execute the related forms and agreements necessary for implementation of the grant, and for use of the funds should the grant funds be awarded. No General Fund resources will be used for this project.

CC #: 2085
File #: 0721 & 0214
CONTACT: Ed Scofield 916-869-9109 [email protected]

6.10.Portion of Right of Way South of Lot 7038 on Elefa Street - Disposition of City Interests
Memo from Assistant Engineer Karen Vences and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 22- 161 ORDERING SUMMARY VACATION OF EXCESS RIGHT OF WAY

AND ALL OTHER INTERESTS, IF ANY, IN A PORTION OF RIGHT OF WAY SOUTH OF LOT 7038; FINDING AND DECLARING THAT PORTION OF THE RIGHT OF WAY SOUTH OF LOT 7038 TO BE EXEMPT
SURPLUS LAND; AUTHORIZING THE CITY MANAGER TO EXECUTE A

QUITCLAIM DEED AND ANY OTHER DOCUMENTS REQUIRED TO

EFFECTUATE THE CONVEYANCE OF THE ABANDONED EXEMPT
SURPLUS RIGHT OF WAY; AND FINDING IT TO BE IN THE CITY’S BEST INTEREST. Staff requests Council approve vacating the right of way (ROW) and all interests, if any, in the portion of ROW south of Lot 7038 on Elefa Street. The portion of the ROW south of Lot 7038 is surplus, and not necessary for the City's use. There is no fiscal impact to the City's General Fund associated with this approval.

CC #: 2080
File #: 1001-01
CONTACT: Karen Vences 916-774-5412 [email protected]

6.11.Utility Legal Services - Legal Services Agreement
Memo from Paralegal Gretchen Hakala and City Attorney Michelle Sheidenberger recommending the City Council adopt RESOLUTION NO. 22- 162 APPROVING AN AGREEMENT FOR LEGAL SERVICES, BY AND

BETWEEN THE CITY OF ROSEVILLE AND THE LAW OFFICES OF

SUSIE BERLIN, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests approval of a Legal Services Agreement with the Law Offices of Susie Berlin.

The City requires outside legal services from time to time to advise, assist, and represent the City as co-counsel with the City Attorney with respect to litigation, and to assist the City with respect to transaction matters. Legal services provided by this contract will be dependent upon needs as they occur during the year and thus cannot be forecast. All expenses will be paid from the Roseville Electric Department operating budget in the Electric Fund, as needed.

CC #: 2081
File #: 0500-01
CONTACT: Gretchen Hakala 916-774-5325 [email protected] Ordinances (for introduction and first reading)

6.12.Municipal Code Amendments - Water Utility
Memo from Environmental Utilities Assistant Director Sean Bigley and Environmental Utilities Director Richard Plecker recommending the City Council introduce for first reading ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING SECTIONS 14.08.020 AND 14.08.060 OF CHAPTER 14.08 OF TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE REGARDING WATER, AMENDING SECTIONS 14.09.030, 14.09.050,

14.09.060, 14.09.070, 14.09.080, 14.09.090,14.09.100, 14.09.110 AND

14.09.120 OF CHAPTER 14.09 OF TITLE 14 OF THE ROSEVILLE

MUNICIPAL CODE REGARDING WATER CONSERVATION, AMENDING
SECTIONS 14.10.020, 14.10.030 14.10.040, 14.10.060, 14.10.080 AND

14.10.110 OF CHAPTER 14.10 OF TITLE 14 REGARDING BACKFLOW

PREVENTION INSPECTION AND CROSS-CONNECTION CONTROL,
AND AMENDING SECTION 14.11.040 OF CHAPER 14.11 OF TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE REGARDING WELL WATER.

Roseville Utilities periodically review the municipal code to ensure alignment with state policy and other operational issues. There is no fiscal impact associated with adoption of this ordinance.

CC #: 2084
File #: 0800-02
CONTACT: Sean Bigley 916-774-5513 [email protected] Ordinances (for introduction and adoption - appropriation/urgency measures)

6.13.Fire Department Strike Team - Budget Adjustment
Memo from Assistant Fire Chief Brian Diemer and Fire Chief Rick Bartee recommending the City Council adopt ORDINANCE NO. 6491
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2021- 22 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests approval of a budget adjustment to recognize $837,719 in overtime expenses, $2,930 in other reimbursable items/logistics, a $388,296 contribution to available General Fund resources for fleet usage and overhead, and an associated $1,228,945 in revenue related to the department participation in reimbursable strike teams. After the incremental overtime and other expenses are reimbursed, there is a positive impact on the General Fund of $388,296 from the reimbursement for fleet usage and overhead.

CC #: 2070
File #: 0324 & 0201-01
CONTACT: Brian Diemer 916-746-1392 [email protected]

6.14.Wastewater Lift Stations #3 and #4 Decommissioning Projects - Budget Adjustment
Memo from Principal Engineer Bryan Buchanan and Environmental Utilities Director Richard Plecker recommending the City Council adopt ORDINANCE NO. 6496 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL
YEAR 2021-22 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests a budget adjustment in the amount of $286,714 to move the Wastewater Lift Stations #3 and #4 Decommissioning projects from the Wastewater Regional Rehabilitation Fund to the Wastewater (Local) Rehabilitation Fund.

CC #: 2083
File #: 0900-02 & 0201-01
CONTACT: Bryan Buchanan 916-746-1812 [email protected]

6.15.Fiscal Year 2021-22 Utility Funds - Budget Adjustments Memo from Budget Manager Scott Pettingell and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt ORDINANCE NO. 6493 AUTHORIZING CERTAIN AMENDMENTS TO
THE FISCAL YEAR 2021-22 BUDGET AND DECLARING THIS

ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN
APPROPRIATION MEASURE. Staff recommends Council approve budget adjustments to the FY2021-22 budget for the City's utility funds. Staff's report includes a summary of the recommended adjustments, including changes in available resources. There are adequate resources available within all of the impacted funds. This recommendation does not impact the General Fund.

CC #: 2072
File #: 0200 & 0201-01
CONTACT: Scott Pettingell 916-774-1306 [email protected]

6.16.Hillcrest Neighborhood Residential Resurfacing Project - Budget Adjustment Memo from Assistant Engineer Gursewak Singh and Public Works Director Jason Shykowski recommending the City Council adopt ORDINANCE NO. 6494 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR
2021-22 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve a budget adjustment in the amount of $1,400,000 from the Highway Users Tax Fund and $400,000 from the Road Maintenance and Rehab Account Fund toward the engineers estimate for this project of $3 Million. The requested budget adjustment will establish the budget for staff time, construction management, and a portion of the construction contract for the residential resurfacing within the Hillcrest Neighborhood. The remaining balance of construction funding ($1.2 Million in General Fund resources identified for roadway resurfacing in the CIP Rehabilitation program) is proposed to be allocated to this project with the FY2022-23 Annual Budget.

CC #: 2075
File #: 0900-02 & 0201-01
CONTACT: Gursewak Singh 916-223-4787 [email protected] Reports / Requests

6.17.Out-of-State Travel - Fire Department
Memo from Division Chief Jason Rizzi and Fire Chief Rick Bartee recommending the City Council approve out-of-state travel for one Fire Division Chief to attend the National Fire Protection Association Training conference in Boston, Massachusetts, June 6 - 9, 2022. The conference will include a wide range of Fire & Life Safety topics including code compliance, emergency preparedness and response. Funding for the conference is included in the current fiscal year budget, and there are no additional costs to the General Fund.

CC #: 2079
File #: 0600-02
CONTACT: Jason Rizzi 916-774-5802 [email protected]

END OF CONSENT CALENDAR

7. ORDINANCES

7.1. Dry Creek Greenway East Phase 1 Project - Professional Design Services Agreement Amendment and Budget Adjustment
Memo from Assistant Engineer Cathy Gosalvez and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 22-164 APPROVING A FIRST AMENDMENT TO PROFESSIONAL

DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF

ROSEVILLE AND PSOMAS, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6498 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2021-22 BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve a first amendment to the professional design services agreement with Psomas, Inc. for engineering and environmental permitting services for the Dry Creek Greenway East Phase 1 trail project. The project will construct a paved multi-use trail along Dry, Cirby, and Linda Creeks from Darling Way/Riverside Avenue to the existing Maidu Park Trail at Rocky Ridge Drive. The amendment to the agreement is for $206,741. The total budget adjustment request is for $1,106,741 which will cover the agreement amendment, future right-of-way acquisition costs and staff time. This project is funded with Congestion Mitigation and Air Quality Funds and Local Transportation Funds and will not utilize any General Fund resources.

CC #: 2086
File #: 0721-05 & 0201-01
CONTACT: Cathy Gosalvez 916-746-1300 [email protected]

7.2. Roseville Entrepreneurship Center - 316 Vernon Street - Lease Agreement, Program Agreement and Budget Adjustment
Memo from Economic Development Manager Wayne Wiley and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 22-158 APPROVING A LEASE AGREEMENT AND A

MEMORANDUM OF LEASE, BY AND BETWEEN THE CITY OF

ROSEVILLE AND GROWTH FACTORY, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THEM ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt RESOLUTION NO. 22-159 APPROVING A

PROGRAM AGREEMENT, BY AND BETWEEN THE CITY OF

ROSEVILLE AND GROWTH FACTORY, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt ORDINANCE NO. 6495 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2021-22 BUDGET AND

DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council authorize the City Manager to execute a Lease Agreement, Memorandum of Lease and Program Agreement with the Growth Factory, a California nonprofit public benefit corporation, to establish an entrepreneurship center (with an accelerator and incubator component) within approximately 2,400 square feet of City-owned space located at 316 Vernon Street. Staff also requests Council approval of a budget adjustment allocating $1,162,000 from the American Rescue Plan Act revenue replacement funds to a multi-year project, to cover the expenses of tenant improvements, program implementation/management, staff time and business grant funding, over a three-year period. An estimated $9 million may be generated through direct, indirect and induced impacts annually after year 5 related to this project. In addition, activation of this site will help further catalyze downtown development and increase patronage of downtown businesses, resulting in tangible and intangible benefits of increased foot traffic on Vernon Street. The associated tenant improvements will result in approximately $330,000 of capital investment in a City-owned asset. Finally, over the term of the lease, rent revenue to the City's General Fund will total $114,960.

CC #: 2077
File #: 1006-01 & 0201-01
CONTACT: Wayne Wiley 916-774-5283 [email protected]

7.3. Fiscal Year 2020-2021 Surplus - Budget Adjustment
Memo from Budget Manager Scott Pettingell and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt ORDINANCE NO. 6492 AUTHORIZING CERTAIN AMENDMENTS TO
THE FISCAL YEAR 2021-22 BUDGET AND DECLARING THIS

ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN
APPROPRIATION MEASURE. Staff requests Council approve a FY2021-22 appropriation of $9 million from FY2020-21 General Fund year-end surplus to fund equipment replacement of $2.26 million, facility rehabilitation of $2 million, vehicle replacement of $375,000, the Police Department’s Real Time Crime Center of $240,000, a transfer to the Youth Development Fund of $3.5 million, and a transfer to the Unemployment Insurance Fund of $634,000. The remaining balance of FY2020-21 General Fund surplus funding, before this recommended budget adjustment, is $23.1 million. The $9 million in recommended appropriations included in this Council Communication will bring the balance of surplus funds to $14.1 million. Staff are in the process of finalizing a recommended spending plan for the remaining balance.

CC #: 2070
File #: 0200 & 0201-01
CONTACT: Scott Pettingell 916-746-1306 [email protected]

7.4. City of Roseville Financial Policies for Fiscal Year 2022-23 and Budget Adjustment
Memo from Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 22-153

ADOPTING THE CITY OF ROSEVILLE FINANCIAL POLICIES,
EFFECTIVE JULY 1, 2022; and adopt ORDINANCE NO. 6490
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2021- 22 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council adopt financial policies that include the Investment Policy, the Debt Management Policy, the Swap Policy, an updated Budget Development Policy, the General Fund Reserves Policy, a new Development Services Stabilization Reserve Policy, the Federal Stimulus Reserve Fund Policy, the Internal Service Funds - Operating and Replacement Reserves Policy, an updated Capital Improvement Program Rehabilitation Funding Policy, an updated Pension Funding Policy, the Other Post-Employment Benefits (OPEB) Funding Policy, the Workers' Compensation and General Liability Funding Policy, the Interfund Loans Policy and the Requests for Proposals Policy. The Development Services Stabilization Reserve Fund Policy is a new policy to establish a reserve fund to provide the department resources to maintain services during a short-term drop in revenue and to provide time to react to changes necessary during a long-term economic decline. Approval of the policies has no fiscal impact. However, implementation of the policies is expected to improve the fiscal position and financial health of the City. The Fiscal Year 2022-23 Proposed Budget is being developed based on these recommended financial policies. Adoption of the ordinance approving a budget adjustment to begin funding the Development Services Stabilization Reserve will transfer $2.03 million of the FY2020-21 General Fund year-end surplus generated by the Development Services Department to the new reserve fund. The $2.03 million was derived from revenue collected by Development Services in excess of the budget estimate that will be used to provide development services in the future during an economic downturn.

CC #: 2064
File #: 0200 & 0201-01
CONTACT: Dennis Kauffman 916-774-5313 [email protected]

7.5. HOUSING SUCCESSOR AGENCY/CITY COUNCIL - Homeless Prevention and Rapid Rehousing - Funding Allocations and Budget Adjustment Memo from Housing Analyst Suzanne Acrell and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 22-160 APPROVING FUNDING

RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXECUTE GRANT AGREEMENTS ON BEHALF OF THE
CITY OF ROSEVILLE; and adopt ORDINANCE 6496 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2021-22 BUDGET AND

DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approval of funding recommendations for the 2022/23 Homeless Prevention and Rapid Rehousing Program and a corrected budget adjustment for Permanent Local Housing Allocation (PLHA) and Successor Agency controlled funds. Staff also requests approval of a budget adjustment to allocate the correct revenues and expenditures for both PLHA and Low and Moderate Income Housing Asset funds for the full five-year program.

The recommended actions do not result in any cost to the General Fund.

CC #: 2078
File #: 0709-05 & 0214 & 0201-01
CONTACT: Suzanne Acrell 916-774-5469 [email protected] Trisha Isom 916-746-1239 [email protected]

8. SPECIAL REQUESTS/REPORTS/PRESENTATION

8.1. Fiscal Year 2022-23 Grants Advisory Commission Funding Recommendations Memo from Housing Manager Trisha Isom and Economic Development Director Melissa Anguiano recommending the City Council receive a presentation on the Grants Advisory Commission funding recommendations for the FY2022-23 Citizens Benefit Fund and Roseville Employees Annual Charitable Hearts (REACH) Fund applications. The combined grant awards, totaling $279,681, have been included in the proposed FY2022-23 budget.

There is no General Fund impact for this item.

CC #: 2073
File #: 0103-34-02
CONTACT: Trisha Isom 916-746-1239 [email protected] Heather Blanco 916-746-1171 [email protected]

8.2. Fiscal Year 2021-22 Second Quarter Financial Report and Fiscal Update Memo from Budget Manager Scott Pettingell and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council receive an informational report that includes financial data for the first two quarters of Fiscal Year 2021-22 for the General Fund, the enterprise operating funds, and revenues in selected other funds. The presentation will also include a fiscal update on recent sales tax revenue data and the City's spending plan for its allocation of American Rescue Plan Act funding. This item is a financial update only and has no fiscal impact.

CC #: 2071
File #: 0200
CONTACT: Scott Pettingell 916-774-1306 [email protected]

9. PUBLIC HEARING

NOTICE TO THE PUBLIC
City Council, when considering the matter scheduled for hearing, will take the following actions:

1. 2.

3. 4.

5. 6.

7. 8.

Open the Public Hearing
Presentation by Staff
Presentation by applicant or Appellant
Accept Public Testimony
Appellant or Applicant Rebuttal Period
Close the Public Hearing
City Council Comments and Questions
City Council Action
In the future, if you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you, or someone else raised orally at the Public Hearing or in written correspondence received by the City or before the hearing Public Hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuation.

9.1. Community Development Block Grant – 2022 Annual Action Plan and Substantial Amendment to 2019 Annual Action Plan
Memo from Housing Analyst Kristine Faelz and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 22-153 APPROVING THE 2022 ANNUAL ACTION

PLAN, APPROVING THE PROPOSED SUBSTANTIAL AMENDMENT TO
THE 2019 ANNUAL ACTION PLAN, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE NECESSARY DOCUMENTS AND
CERTIFICATIONS ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests approval of the City's 2022 Annual Action Plan for the federal Community Development Block Grant Program and approval of the Substantial Amendment to the 2019 Annual Action Plan. This item does not result in any impact to the City's General Fund.

CC #: 2065
File #: 0113-02
CONTACT: Kristine Faelz 916-774-5451 [email protected]

9.2. Fiscal Year 2022/2023 Landscaping and Lighting District Assessments - Amending and/or Approving the Engineer's Annual Levy Report, Ordering the Levy and Collection of Assessments
Memo from Management Analyst Jeannine Thrash and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 22-166 AMENDING AND/OR
APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR THE

HISTORIC DISTRICT LANDSCAPING AND LIGHTING DISTRICT,
FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22-167

ORDERING THE LEVYAND COLLECTION OF ASSESSMENTS WITHIN

THE HISTORIC DISTRICT LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22-168 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY

REPORT FOR THE INFILL AREA LANDSCAPING AND LIGHTING
DISTRICT, FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22- 169 ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS

WITHIN THE INFILL AREA LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22-170 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY

REPORT FOR JOHNSON RANCH LANDSCAPING AND LIGHTING
DISTRICT, FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22- 171 ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS

WITHIN THE JOHNSON RANCH LANDSCAPING AND LIGHTING
DISTRICT, FOR FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22-172 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL

LEVY REPORT FOR THE NORTH CENTRAL ROSEVILLE SPECIFIC

PLAN LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR
2022/2023; and adopt RESOLUTION NO. 22-173 ORDERING THE LEVY

AND COLLECTION OF ASSESSMENTS WITHIN THE NORTH

CENTRAL ROSEVILLE SPECIFIC PLAN LANDSCAPING AND
LIGHTING DISTRICT, FISCAL YEAR 2022/2023; and adopt
RESOLUTION NO. 22-174 AMENDING AND/OR APPROVING THE
ENGINEER’S ANNUAL LEVY REPORT FOR NORTHWEST ROSEVILLE

SPECIFIC PLAN LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22-175 ORDERING THE

LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE

NORTHWEST ROSEVILLE SPECIFIC PLAN LANDSCAPING AND
LIGHTING DISTRICT, FOR FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22-176 AMENDING AND/OR APPROVING THE
ENGINEER’S ANNUAL LEVY REPORT FOR OLYMPUS POINTE
LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22-177 ORDERING THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN THE OLYMPUS POINTE

LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR
2022/2023; adopt RESOLUTION NO. 22-178 AMENDING AND/OR
APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR THE

RIVERSIDE AVENUE LANDSCAPING AND LIGHTING DISTRICT,
FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22-179

ORDERING THE LEVYAND COLLECTION OF ASSESSMENTS WITHIN

THE RIVERSIDE AVENUE LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22-180 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY

REPORT FOR THE VERNON STREET LANDSCAPING AND LIGHTING
DISTRICT, FISCAL YEAR 2022/2023; and adopt RESOLUTION NO. 22- 181 ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS

WITHIN THE VERNON STREET LANDSCAPING AND LIGHTING
DISTRICT, FOR FISCAL YEAR 2022/2023. The City currently has eight active Landscaping and Lighting Districts (LLDs). These districts were formed within the City to levy and collect assessments for maintenance of public improvements pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code, and Article XIIID of the California Constitution. All charges are needed to fully fund landscape services in each LLD. The cost of maintaining the streetscape improvements is spread equally to the subject properties, based on their percentage of the total front footage of all affected parcels. There is no impact to the General Fund.

CC #: 2087
File #: 0203-08-01
CONTACT: Jeannine Thrash 916-774-5473 [email protected] Dennis Kauffman 916-774-5313 [email protected]

10. REPORTS / PUBLIC COMMENTS

11. ADJOURNMENT

COUNCIL COMMUNICATION
CC #: 2062
File #: 0900-04-01
Title:
2021 General Fund Arterial Resurfacing Project - Approval of Plans and Specifications and Authorization to Call for Bids
Contact: Jesse Khatkar 916-774-5434 [email protected] Meeting Date: 5/18/2022
Item #: 6.1.

RECOMMENDATION TO COUNCIL
Staff recommends the City Council approve the plans and specifications for the 2021 General Fund Arterial Resurfacing Project and authorize staff to call for bids.

BACKGROUND
The scope of this project includes: replacement of failed sections of asphalt roadway pavement; resurfacing; and replacement of signal detector loops that are within the vicinity of pavement replacement at various locations throughout the City. The streets included in the project are portions of: Pleasant Grove Blvd; Douglas Blvd; Cirby Way; Rocky Ridge Dr; South Cirby Way; and Old Auburn Rd.

Staff determines which Roseville streets are to be resurfaced with the aid of a pavement management system software that optimizes the timing of resurfacing projects based upon road condition and available funding.

Construction is anticipated to begin this summer with completion by the end of the calendar year.

Temporary lane closures and detours will be required to facilitate construction but all roads will remain open during construction. Working hours will vary depending upon the specific traffic characteristics of each roadway. Due to high traffic volumes on arterial segments during the day, night work may be necessary along most roadways.

Construction plans and specifications for the project have been completed and are attached for review.

PUBLIC OUTREACH
Staff will be working with the Public Affairs & Communications Department to share the latest project information through the City's communication channels. About two weeks before the planned work, digital message boards will be placed at locations throughout the project area to notify the traveling public about the project, dates/times, and any potential traffic impacts expected with the work. Mailers will be sent to residents and businesses adjacent to the project area explaining the planned work, the type of pavement treatment that will be used, and what the recipients can expect before, during, and after the project.

FISCAL IMPACT
The engineer's estimate for this project is $3.9 million and will be fully funded with fiscal year 2021 General Fund surplus funds approved by City Council at their February 2nd, 2022 meeting.

ENVIRONMENTAL REVIEW
The proposed project involves the maintenance of an existing facilities. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). The Exemption has been prepared and no further CEQA action is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Jesse Khatkar, Assistant Engineer
Jason Shykowski, Public Works Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Exhibit A - Project Location Map
Project Manual
Plan Set
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Exhibit A - 2021 General Fund Arterial Resurfacing Project Public Works - Engineering
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Streets & Bridges
Project Manual
Name ofproject:
2021 GENERAL FUND ARTERIAL RESURFACING PROJECT
Department:

Public Works—Engineering

[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022]

TABLE OF CONTENTS
Pagination Notation
Notice to Contractors NTC
Instructions to Bidders INT
Proposal PROP
Insurance Broker Information Packet INS
Standard Construction Specifications SCS
Assembly Bill No. 626 AB 626
Special Provisions (if applicable) SP
Construction Details CD
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CITY OF ROSEVILLE

DEPARTMENT OF PUBLIC WORKS
Name of Project: 2021 GENERAL FUND ARTERIAL RESURFACING PROJECT

NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN THAT sealed Proposal will be received at the Office of the City Clerk, 311 Vernon Street, Roseville, California, until JUNE 7, 2022 at 3:00 p.m. Late proposals will be rejected. No exceptions.

The Proposals will be publicly opened and read by the City Clerk or designee of the City of Roseville at 3:05 p.m. on JUNE 7, 2022 at the Office of the City Clerk located at 311 Vernon Street, Roseville California for the following project: 2021 ARTERIAL RESURFACING PROJECT.

A pre-bid meeting will be held at N/A.

A Project Manual, including all Contract Documents and the Proposal forms for bidding this project, may be obtained on-line from the City of Roseville’s website at https://www.roseville.ca.us/business/procurement_services/bids_rfps. All communications relative to this project shall be conducted through Public Purchase.

Bids shall be submitted on the City’s Proposal Forms included in the Project Manual, plainly endorsed with the Bidder’s name together with signed acknowledgement of any and all addenda. Proposal Forms shall be securely sealed in a suitable envelope marked with the name and address of the Bidder, and marked in capital letters on the front and back of the envelope as follows:
2021 GENERAL FUND ARTERIAL RESURFACING PROJECT
(Name of Bidder)
(Address of Bidder)
Whether mailed or personally delivered, all bids shall be addressed to the City of Roseville, Office of the City Clerk, 311 Vernon Street, Roseville, California, 95678.

Each bid must be accompanied by a Bid Guaranty in the form of a Certificate of Deposit, Certified or Cashier’s Check, Bidder’s Bond or Irrevocable Standby Letter of Credit in an amount equal to at least ten percent (10%) of the Bidder’s Grand Total Price. The Bid Guaranty will be retained by the City and applied to any and all damages sustained by the City in the event that the successful Bidder fails or refuses to enter into the Contract awarded to it and to furnish all required bonds and Certificates of Insurance. The City intends to award the Contract to the lowest responsible Bidder based on the Grand Total Bid Price for all components of the Project.

To the extent allowed by law, the City reserves the right to reject any and all bids and/or to waive any irregularities or informalities in any bid or in the bidding procedure. The City specifically reserves the right to not award the Contract after the opening of bids.

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid by the submission deadline. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline submission of bids nor may any bid be withdrawn after the time fixed in the public notice for deadline for NTC - 2
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submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and the City is under no obligation to return bids.

Bids will be examined and reported to the City Council within sixty (60) business days after the bid opening. Except as permitted by applicable law, no Bidder may withdraw its bid for a period of sixty (60) business days after the date of bid opening. Each Bidder will be notified of any award of the Contract by the City.

The City will affirmatively ensure non-discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status in the award and administration of contracts that it awards.

Pursuant to Public Contract Code Section 22300, the successful Bidder may submit certain securities in lieu of the City withholding retention of payments during the Project.

The City has determined that the Contractor shall possess a valid Class A, GENERAL ENGINEERING Contractor's license at the time that the bid is submitted, as well as any other license classification as may be required by the laws of the California for the performance of the work specified in the Contract Documents. Said license shall be maintained during the Contract period. Failure to possess the specified license shall render the bid nonresponsive and will act as a bar to the award of the Contract to any Bidder not possessing such a license at the time of bid submittal. The Contractor shall provide certification of the license, its number and the expiration date on the proposal form.

The work is to be done in Placer County. Pursuant to California Labor Code Section 1773, the City has ascertained the General Prevailing Rate of Wages in the County in which the work is to be done to be as determined by the Director of Industrial Relations of the State of NTC - 4
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California. The Contractor is hereby made aware that information regarding prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 7 “Legal Relations and Responsibility” of the Standard Construction Specifications.

Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 or exempt from registration requirements pursuant to Labor Code Section 1725.5(f). It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform work pursuant to Labor Code Section 1725.5 at the time the contract is awarded or is exempt from registration requirements pursuant to Labor Code Section 1725.5(f). The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

All questions prior to the deadline for bid submissions shall be directed to the attention of Jesse Khatkar via Public Purchase. The deadline for submissions of questions and clarifications regarding the Contract Documents is June 1st, 2022. Only Addenda issued by the City are binding.

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___________________________________
City Clerk, City of Roseville
Dated: _____________________________
Published: ________________________
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INSTRUCTIONS TO BIDDERS
SECTION 1. GENERAL
1-1.01 GENERAL. These Instructions to Bidders form a part of the Contract Documents. Capitalized terms are defined in Standard Construction Specifications Section 1. 1-1.02 EXAMINATION OF PLANS, CONTRACT DOCUMENTS AND
SITE OF THE WORK. The Bidder shall examine carefully the site of the Work and all the Contract Documents, including these Instructions to Bidders, and shall inform itself of the conditions relating to the execution of the Work. Failure to do so will not relieve the successful Bidder of its obligation to enter into an Agreement and complete the Work in strict accordance with the Contract Documents. Conditions relating to the execution of the Work include the requirements of federal, state, and local laws, statutes and ordinances relative to the execution of Work, including, but not limited to, applicable regulations concerning prevailing wage rates, non-discrimination in the employment of labor, protection of the public, employee health and safety, and environmental protection.

The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of Work to be performed, the quantities of materials to be furnished, and as to the requirements of all the Contract Documents.
1-1.03 EXISTING INFORMATION. Where the Department has made investigations of site conditions, including subsurface conditions in areas where Work is to be performed under the Contract, such investigations are made only for the purpose of study and design. City does not represent that such conditions as found in these investigations or inferences or conclusions drawn as a result of these investigations will represent actual site INT - 2
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] conditions and hereby disclaims any liability as a result of Contractor’s or Bidder’s reliance on such investigations. City will presume that all Bidders have conducted their own site investigations, including investigations of subsurface conditions. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the Department as to such investigations subject to the conditions set forth in these Instructions to Bidders. Such inspection of records may be made only at the location noted above. The records of such investigations are not a part of the Contract Documents and are shown solely for the convenience of the Bidder or Contractor. The City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of the investigations made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. The City makes no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.

No information derived from such inspection of records of investigations or compilation thereof made by the City, the Department or from the Engineer, or his or her assistants, will in any way relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling the terms of the Contract.

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[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] SECTION 2: BID REQUIREMENTS
2-1.01 PROPOSAL FORMS. The Department will furnish to each Bidder standard Proposal Forms, which, when filled out and executed may be submitted as the bid.

Proposals shall include all pages in the Project Manual with page numbers marked “PROP” plus the Addendum acknowledgment form (front sheet) from all Addenda received by the Bidder.

Proposals shall be removed from the Project Manual. The full Project Manual shall not be submitted with the proposal. Bids not presented on forms so furnished will be disregarded.

The Proposal and one (1) copy thereof shall be submitted as directed in the “Notice to Contractors” under sealed cover plainly marked as a Proposal, and identifying the project to which the Proposal relates and the date of the bid opening therefor. Proposals which are not properly marked may be disregarded.

All blank spaces in the Proposal must be completed, as required, in ink. All price information shall be shown, clearly legible, in figures where required.

The Bidder shall sign the Proposal in the blank space provided therefor. If the Bidder is the sole owner, the Proposal shall be signed by the owner. If the Bidder is a corporation, the legal name of the corporation and its State of incorporation shall be set forth and the Proposal shall be signed by at least two officers authorized to sign contracts on behalf of the corporation.

If the Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Proposal shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the Bidder other than an officer of a corporation or a member of a partnership, a notarized Power of INT - 4
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] Attorney must be on file with the City prior to opening of bids or must be submitted with the Proposal. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal. 2-1.02 SUBMISSION OF BIDS. Bids must be submitted at the prescribed time and location specified in the Notice to Contractors. Any submission received after the prescribed time shall be rejected, regardless of whether or not bids are opened exactly at the prescribed time.

Any unauthorized conditions or qualifications entered on, or changes made to, the Proposal may render it invalid and may cause its rejection.

No telegraphic, telephonic, or facsimile or other electronically transmitted bids will be considered.
2-1.03 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each Proposal shall list the name, address and Contractor license number of each Subcontractor to whom the Bidder proposes to subcontract portions of the Work in an amount in excess of onehalf of one percent (0.5%) of its total bid, in accordance with Section 4100 to 4114, inclusive, of the Public Contract Code for the State of California. The Bidder shall list the Subcontractor’s license number and the portion of the Work that will be done by each Subcontractor. If the Bidder fails to specify a Subcontractor for any portion of the Work, the Bidder agrees to perform that portion of the Work itself, and represents that it is qualified to perform that portion of the Work itself. The Bidder's attention is invited to other provisions of the Public Contract Code related to the imposition of penalties for a failure to observe its provisions by using unauthorized Subcontractors or by making unauthorized substitutions.

INT - 5
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] 2-1.04 CONTRACTOR’S LICENSING LAWS. Attention is directed to the provisions of Business and Professions Code Chapter 9 of Division 3 concerning the licensing of Contractors.

All Bidders at the time of bid submittal shall be licensed as Contractors in accordance with the laws of this State. Any Bidder or Contractor not so licensed is subject to the penalties imposed by such laws. The form of Contractor's license required is stated in the Notice to Contractors, provided that the City makes no representation as to whether the State may require other or additional licenses. It is the Bidder's and Contractor's responsibility to obtain the correct Contractor's licenses. Bidders shall be skilled and regularly engaged in the general class or type of Work called for under this Contract.

All Bidders and Contractors, including Subcontractors, shall have a current City business license before undertaking any Work.
2-1.05 NONCOLLUSION DECLARATION. By submitting a bid, the Bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the Bidder has not, directly or indirectly, included or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought collusion to secure the Bidder an advantage over any other Bidder.

Bidders shall submit a properly completed and executed “Noncollusion Declaration” in the form required by Public Contract Code Section 7106 and provided with the Proposal (PROP11). 2-1.06 DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any INT - 6
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
2-1.07 PROPOSAL GUARANTY. All bids shall be accompanied by one of the following forms of Bidder's security: Cash, a cashier's check, a certified check, or a Bidder's bond executed by an admitted California surety insurer, made payable to the City of Roseville, or any other form of security deemed acceptable by the City Attorney. The security shall be in an amount equal to at least ten percent (10%) of the amount bid. A bid will not be considered unless one of the form of Bidder's security is enclosed with it.

A Bidder's bond shall conform to the City's bond form in the Proposal and shall be properly filled out and executed.
2-1.08 SCHEDULE OF BID PRICES. Bidders are directed to submit firm unit and lump sum prices for all Work set forth in the Contract Documents on the Proposal Form entitled “Schedule of Bid Prices.”
Unit prices and lump sum prices, as indicated, must be entered in the appropriate spaces provided in the Schedule of Bid Prices. If applicable, unit prices shall be multiplied by the quantities shown, and the total shall be inserted in the Amount column. In the event of any error or discrepancy between the unit price and the calculated amount, the unit prices shall govern.

The City may correct any mathematical errors apparent on the face of the bid.

The amounts shown in the Amount column must be added together in arriving at the Grand Total Bid Price.

Amounts for Allowance bid items must be entered in the exact amount in the Amount column.

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[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] The prices included within the Schedule of Bid Prices shall include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and all other costs necessary to perform the Work in accordance with the Contract Documents.

The Grand Total Bid Price shall be indicated in the Summary table form included with the Schedule of Bid Prices. The Grand Total Bid Price shall be the sum of the amounts bid for each of the designated portions of the Work, as more specifically described on the Schedule of Bid Prices form itself.

Full compensation for complying with the Contract Documents, including requirements of the Standard Specifications, the Standard Construction Specifications, Supplemental Conditions, and all warranties, shall be considered included in the bid items and no additional compensation shall be allowed therefor.

Full compensation for completion of all work as shown on the plans, as specified in the Specifications, and as directed by the City, shall be considered included in the bid items and no additional compensation shall be allowed.

Bidders are strongly discouraged from submitting unbalanced bids. As used herein, the term “unbalanced bid” is defined as any bid that does not include a reasonable proportionate allocation of indirect costs and profit of each bid item indicated in the Schedule of Bid Prices.

The City reserves the right to reject any unbalanced bid if the City determines that there is a reasonable doubt that an acceptance of the bid will not result in the lowest ultimate cost to the City with regard to the work or a disproportionate distribution of contract funds.

The City reserves the right to delete any bid item in its entirety and/or significantly reduce the quantity of Work under a bid item. The City makes no representation that any Work INT - 8
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] under a bid item will be performed during the course of the Project or that the Work will be performed at the quantities included in the Schedule of Bid Prices. As provided in the Standard Construction Specifications, for any deleted Work, Contractor shall not be entitled to payment of the indirect costs and profit included for said bid item. All bid items shall be considered distinct and severable from the remaining bid items, and each Bidder acts at its peril if its bid is unbalanced.

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[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] 2-1.12 TRENCHING AND EXCAVATION WORK. In accordance with the provisions of California Labor Code Section 6707, if the Work involves construction of a pipeline, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are five feet (5') or deeper, each bid submitted shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to all applicable safety orders.

INT - 10
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] SECTION 3: EVALUATION OF BIDS
3-1.01 BID EVALUATION PROCESS. Bids will be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Grand Total Bid Price, as shown in the Schedule of Bid Prices. If additive or deductive alternates are used in the Schedule of Bid Prices, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for base contract items plus the alternates designated by the City as those that will be used for determining the lowest bid price. However, the City reserves the right to (1) not award any alternates or (2) award any combination of alternates.

In case of discrepancy between the total of the base contract items and any specified alternates and the stated Grand Total Bid Price, the total of the base contract items plus specified alternates shall prevail. Any mathematical errors that appear on the face of the bid will be corrected by the City and the City will use the mathematically corrected addition. For example, if the mathematical total of Bidder’s base contract items plus specified alternates equals $1,000,000, but the Bidder has written $1,250,000 as the Grand Total Bid Price, the City will consider $1,000,000 to be the Bidder’s Grand Total Bid Price for purposes of comparison to other Bidders and actual bid award. The City reserves its rights to reject or accept bids based on discrepancies between the stated Grand Total Bid Price and the actual mathematical total of the base contract bid items, plus specified alternates.
3-1.02 REJECTION OF IRREGULAR PROPOSALS. Proposals may be rejected in the City's sole discretion if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. However, the City reserves the right to waive any minor irregularities and informalities in any bid or in the bid procedure for any reason.

INT - 11
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] 3-1.03 COMPETITIVE BIDDING. If more than one proposal is offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or Work to a Bidder is not thereby disqualified from quoting prices to other Bidders, or from submitting a bid directly for the materials or Work.

All Bidders are put on notice that any collusive agreement to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the City Charter, State Contract Act and the Business and Professions Code and may render void any Contract let under such circumstances.
3-1.04 RELIEF OF BIDDERS. If the Bidder claims a mistake was made in its bid, the Bidder shall give the Department written notice within five (5) Days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. No relief from a claimed mistaken bid shall be granted unless such mistake clearly appears on the face of the bid submitted to the City. Claimed mistakes on backup worksheets, spreadsheets, computerized bidding programs, or any other similar calculative bidding mistake which is not apparent on the face of the bid shall not under any circumstance be considered as a basis for relief. The burden of proving the occurrence of a mistake entitling a Bidder to relief from its bid rests entirely on the Bidder. Relief from bids shall be in the City's sole discretion.

INT - 12
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] SECTION 4: AWARD AND EXECUTION OF CONTRACT
4-1.01 AWARD OF CONTRACT. The City reserves the right to reject any and all proposals and to award (or not award) any combination of bid items at its option. Any such award will be to the lowest responsible Bidder whose proposal complies with the requirements prescribed for the bid items awarded. Such award, if made, will be made within sixty (60) business days after the opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) business days after the opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred four (104) business days after the opening of the proposals. The above time periods within which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.
4-1.02 RETURN OF BIDDER’S SECURITIES. Within ten (10) Days after the award of the Contract, the City Clerk will return all Bidders' securities, other than Bidders' bonds, accompanying the proposals that are not to be further considered in making the award.

INT - 13
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] 4-1.03 CONTRACT BONDS. The successful Bidder shall furnish two (2) bonds in the form contained in the section entitled Insurance Broker Information Packet and Bonds. One (1) bond shall secure the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract, and the other bond shall guarantee the faithful performance of the Contract.

Each of the two (2) bonds shall be in a sum equal to one hundred percent (100%) of the Contract Price. If the Contract Price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly. Sureties on each of said bonds shall be satisfactory to the City.

All alterations, extensions of time, extra and additional Work, and other changes authorized by the Standard Specifications, the Standard Construction Specifications, the Supplemental Conditions or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bonds.

Furthermore, the successful Bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3). 4-1.04 INSURANCE. At the time of the execution of the Contract, the Contractor shall, at its own expense, procure, and at all times during the prosecution of the Work maintain in full force and effect Worker's Compensation Insurance, and Liability Insurance as specified in the Standard Construction Specifications. The Contractor shall provide a Certificate of Insurance in the form contained in the section entitled Insurance Broker Information Packet. 4-1.05 EXECUTION OF CONTRACT. The Contract shall be signed by the successful Bidder and returned, together with all the required Contract bonds and insurance INT - 14
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] certificates, within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City.

If the Bidder is an individual, the Contract shall be executed personally by the Bidder. If the Bidder is a partnership, it is desirable that the Contract be executed by all of the partners, but it may be executed by one of them. If the Bidder is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief financial officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Contract, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the corporation. If the corporate seal is not affixed to the Contract, or if it is executed by a person other than officers, or only by one officer, there must be attached to the Contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Bidder is a joint venture, the Contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. 4-1.06 FAILURE TO EXECUTE CONTRACT. Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds and insurance as provided within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City, shall be just cause for annulment of the award and forfeiture of the Bidder's security. The successful Bidder may file with the City Clerk a written notice, signed by the Bidder or Bidder's authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to INT - 15
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] Bidder. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time prescribed.

INT - 16
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] SECTION 5: BID PROTEST PROCEDURES
5-1.01 POLICY/PROCEDURES. It is the policy of the City to consider fully and adjudicate promptly protests filed by prospective Bidders relating to the City’s bidding procedure or award of the Contract. Protests shall be filed and processed in accordance with Section 4.12.150 of the Roseville Municipal Code. A Bidder’s failure to follow the bid protest procedures may result in rejection of the protest by the City.

PROP - 1
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] PROPOSAL TO THE DEPARTMENT OF ________________________
Project:_______________________________________
Name of Bidder _________________________________ Business Phone ________________ Business Address _______________________________________________________________ Place of Business _______________________________________________________________ Contractor’s License No. ______________________________________ License Expiration Date_______________________________________ License Classification Type __________________________________________ DIR Registration No. _________________________________________ Type of business organization:
*If a Corporation, incorporated under the laws of the State of:

The undersigned Bidder herewith submits this Proposal and binds itself on award by the City of Roseville under this bid to execute a Contract in accordance with its bid and the Contract Documents.

The Notice to Contractors, Instructions to Bidders, Form of Agreement, Standard Specifications, Standard Construction Specifications, Supplemental Conditions, Contract Drawings, and Addenda, if any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranties are required thereby are hereby affirmed.

The work to be done is described in the Bidding Documents entitled _______________ ____________________________________________________, City of Roseville, California.

This offer shall be irrevocable for a period of sixty (60) Days after the date on which bids are opened.

PROP - 2
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] The undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposal, other than that requested, may render the bid non-responsive.

The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm, or corporation; that the Bidder has carefully examined the location of the proposed Work, the attached Form of Agreement, and the plans, Specifications, and other Contract Documents; and agrees if this Proposal is accepted, that it will contract with the City of Roseville, in the form of a copy of the Agreement contained in the Project Manual, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and according to the requirements of the Director, as therein set forth, and that the Bidder will take in full payment therefore prices indicated in the Schedule of Bid Items, including all work modified by addendum numbers ________________. (IF NONE, STATE NONE).

Bids are required for all Bid Items. The amount of the Bid for comparison purposes will be the total of all items awarded.

The Bidder shall set forth for each item of work, in clearly legible figures, an item (“unit”) price and a total for the item in the respective spaces provided for this purpose in the Schedule of Bid Items.

The prices included within the Schedule of Bid Items include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, PROP - 3
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance with the Contract Documents.

Accompanying this Proposal is _______________________________________________. (Notice: Insert the words “Cash $_________,” “Cashier's Check,” “Certified Check,” or “Bidder's Bond,” as the case may be, in an amount equal to at least ten percent (10%) of the total of the Bid.)
The names of all persons interested in the foregoing Proposal as Principals, are as follows: ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If SOLE OWNER, execute here:

I sign as sole owner of the business named above:
_____________________________________________________________________________ If PARTNERSHIP, one or more partners sign here:

The undersigned certify that we are partners in the business named above and that we sign this bid with the full authority to do so:
____________________________________________________________________________ ____________________________________________________________________________ PROP - 4
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] If CORPORATION, execute here:

Corporate Name: _______________________________________ Incorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do:

By
Signature of Authorized Official*
Title
Typewritten or Printed Name
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
If JOINT VENTURE, execute here:

Joint Venture name composed of:

The undersigned certify that they sign this bid with the full and proper authorization so to do:

Signature of Authorized Official*
Title
Typewritten or Printed Name
Signature of Authorized Official*
Title
Typewritten or Printed Name
*If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to City is provided demonstrating that such individual is PROP - 5
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws). [LIST OF SUBCONTRACTORS FOLLOWS ON NEXT PAGE.]
PROP - 6
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022]

LIST OF SUBCONTRACTORS
Contractor’s Name: _________________________________
The Bidder is required to furnish the following information in accordance with the provisions of Section 4100 and 4114, inclusive, of the Public Contract Code of the State of California. This list and information shall include all Subcontractors that perform work, provide labor or render services to the Bidder in connection with the Project in an amount in excess of one-half of one percent (0.5%) of the total amount of the Bidder Grand Total Price.

PORTION/

TYPE OF
WORK
% OF

CONTRACT
SUBCONTRACTOR’S
NAME

CONTRACTOR
LICENSE NO. DIR REG NO. BUSINESS ADDRESS (CITY, STATE)
PROP - 7
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SECURITY FOR COMPENSATION CERTIFICATE
(Required by California Labor Code Section 1861)
TO: City Council
City of Roseville
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. _________________________________
_________________________________
(Signature of Bidder)
_________________________________
_________________________________
Business Address
_________________________________
Telephone
PROP - 8
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] BIDDER’S BOND
City Council of the City of Roseville
KNOW ALL MEN BY THESE PRESENTS:

That we ________________________________________________________________ ___________________________________________________________, as PRINCIPAL, and ______________________________________________________________________________ a, __________________________________________ and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Roseville in the penal sum of _______________________________________________ dollars ($________________), being at least TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Roseville, acting by and through the Public Works Director, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the Director of the Department to which said Bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned Bid to the City Council of the City of Roseville, as aforesaid, for certain construction specifically described as follows, for which Bids are to be opened at the Office of the City Clerk located at 311 Vernon Street, Roseville, California, on ____________________________, 20__ FOR (Copy here the exact title of work as it appears on the Proposal.) PROP - 9
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] NOW, THEREFORE, IF THE AFORESAID PRINCIPAL is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented for signature, enters into a written Contract, in the prescribed form, in accordance with the Bid, and files all insurance and two (2) Bonds with the Department, one (1) to guarantee Faithful Performance and the other to guarantee Payment for Labor and Materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _____ day of _____________________, 20___.
______________________________(Seal)
______________________________(Seal)
______________________________(Seal)
Principal
______________________________(Seal)
______________________________(Seal)
______________________________(Seal)
Surety
__________________________________
__________________________________
Business Address
NOTE: To be considered complete, both the Principal and the Surety must sign this Bidder’s Bond. In addition, signatures of those executing for the Surety must be properly acknowledged.

ITEM
No. * ITEM DESCRIPTION UNIT

ESTIMATED

QUANTITY

UNIT PRICE
(IN FIGURES)

SUBTOTAL
(IN FIGURES)
1 (P) MOBILIZATION LS 1 $ $
2 (P) TRAFFIC CONTROL SYSTEM LS 1 $ $
3 PORTABLE CHANGEABLE MESSAGE SIGNS EA 39 $ $
4 (P) PLACEMENT AND MAINTENANCE OF BMPS LS 1 $ $
5 COLD PLANE ASPHALT CONCRETE SY 13,315 $ $
6 ROADWAY EXCAVATION CY 500 $ $
7 UNSUITABLE MATERIAL CY 500 $ $
8 HOT MIX ASPHALT (1/2", TYPE A) TON 3,641 $ $
9 MICRO-SURFACING (TYPE II) TON 2,691 $ $
10 HIGH FRICTION SURFACE TREATMENT SQYD 7,430 $ $
11 ADJUST MANHOLES AND VALVES TO GRADE EA 50 $ $
12 TRAFFIC LOOPS EA 108 $ $
13 DETECTOR HANDHOLES EA 5 $ $
14 CONDUIT LF 112 $ $
15 REMOVAL, REPLACEMENT, AND ADJUSTMENT

OF PULL BOXES
EA 6 $ $
16 (P) REMOVE PAVEMENT MARKINGS, STRIPING,

AND MARKERS
LS 1 $ $
17 (P) TEMPORARY PAVEMENT DELINEATION LS 1 $ $
18 (P) THERMOPLASTIC PAVEMENT MARKINGS,

STRIPINGS, AND MARKERS
LS 1 $ $
* Notes:
(P) Indicates bid item is eligible for PARTIAL payment
(F) Indicates bid item is eligible for FINAL payment
CONTRACTOR'S ACKNOWLEDGEMENT OF BLACK ROCK QUARRY MICRO-SURFACING:

NAME & LOCATION OF BLACK ROCK AGGREGATE QUARRY MICRO-SURFACING:
2021 Arterial Resurfacing Project

SCHEDULE OF BID ITEMS
TOTAL (BID ITEMS #1 TO #18 (IN FIGURES) $
CONTRACTOR:

PROP - 10
1 OF 1
PROP - 11
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NONCOLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _________________ of ______________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________________ [date], at _____________________________ [city], ________________ [state]. ____________________________________
(Signature of Declarant)
PROP - 12
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DISQUALIFICATION QUESTIONNAIRE
The Bidder shall complete, under the penalty of perjury, the following questionnaire:

Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes______ No______
If the answer is yes, explain the circumstances in the following space.

NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________ PROP - 13
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ACKNOWLEDGEMENT OF INSURANCE AND BOND REQUIREMENTS
Included in the Bid Price is full compensation for the requirements set forth in the INSURANCE BROKER INFORMATION PACKET of the Project Manual.

NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________ PROP - 14
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022]

DISCLAIMER OF WARRANTIES AND ACCURACY OF DATA
Although soil and site investigation reports have been obtained from sources believed to be reliable, no warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information contained therein. These reports are subject to change at any time, may be incomplete, and/or may contain errors. This information is provided for informational purposes only. The City of Roseville provides this information on an “as is” basis. Warranties of any kind, express or implied, or statutory, including but not limited to the implied warranties of merchantability, and fitness for a particular purpose ARE DISCLAIMED to any party viewing these documents or to any third party.

The City of Roseville does not accept and expressly disclaims liability to any party viewing such information, or to any third party whatsoever, for any loss, damage, or injury (including incidental or consequential damages) whether such loss, damage, or injury is the result of negligence, willful or intentional misconduct, or any other cause.

I have read and acknowledged the above disclaimer and agree to hold harmless the City of Roseville on any theory of liability for any loss, damage or injury whether in contract, strict liability or tort arising in any way out of the use or contents of the released information or documents described above or the performance of the work called for herein.

Print Name Signature

Name of Business/Company/Corporation Date

Address Phone
PROP - 15
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END OF PROPOSAL
1 [L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022]

A G R E E M E N T
THIS AGREEMENT, is made and entered into this _____day of __________________, 20_____, by and between the City of Roseville, a municipal corporation, (“CITY”), and ______________________________________________, a ____________________________, (“CONTRACTOR”); and
W I T N E S S E T H:

WHEREAS, the City Council of the CITY, at a meeting held on the _____day of __________________, 20_____, approved plans and specifications for the ________________ ____________________________________________________________________________ and directed the City Clerk to advertise for sealed proposals for doing said work and providing that bids be submitted on the _____ day of ________________, 20_____; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, CONTRACTOR, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which bid is now on file in the office of the City Clerk, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a meeting of the City Council held on the _____ day of ___________________, 20_____, the Council found and 2 [L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] declared the bid of CONTRACTOR to be the lowest responsible bid and thereupon awarded a contract to CONTRACTOR to do the work referred to in the aforementioned specifications.

NOW, THEREFORE, the parties agree as follows:

1. THE WORK. CONTRACTOR agrees:
a. To do the work and furnish all the labor, materials, tools, supplies, equipment, superintendence, insurance, and bonds required for the _______________________ ______________________________________________________________________________ in accordance with the Contract Documents (the Work).
b. To do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Public Works of the City of Roseville.

2. PAYMENT. CITY shall pay CONTRACTOR __________________________ _________________________________________ dollars ($________________) for the Work to be done under this Agreement in accordance with the Contract Documents.

3. CONTRACT DOCUMENTS. The complete Agreement between the parties hereto consists of the following documents:
a. The advertisement for bids (including the notice to bidders, instructions to bidders and proposals);
b. The accepted bid;
c. Plans and specifications (including standard construction specifications, special provisions and construction details);
d. Bonds and insurance required by the specifications; and 3 [L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] e. This contract.

All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

4. LIQUIDATED DAMAGES. In the event CONTRACTOR does not complete the Work within the time specified, CONTRACTOR agrees that CITY will suffer damages.

Inasmuch as the actual damages which would result from such breach by CONTRACTOR under this Agreement are uncertain, and would be impractical or extremely difficult to fix, CONTRACTOR agrees that it shall pay, or CITY shall deduct from CONTRACTOR’s fee, the amount of $________ per day as liquidated damages, in the event of such delay.

5. TIME OF COMPLETION. Time is of the essence of this Agreement.

CONTRACTOR shall complete all Work under the Contract Documents within _____ Days of the date of this Contract. CONTRACTOR shall begin work by the date specified in the “Notice to Proceed” letter and shall diligently prosecute all of the Work under this Contract in all parts and requirements as defined in the Contract Documents.

6. SERVICE OF NOTICE. Any notice required or permitted to be given under this Agreement shall be deemed given when (a) personally delivered to the recipient identified below; (b) mailed by registered or certified mail, return receipt requested, postage pre-paid, to the address specified below; or (c) sent by facsimile, with confirmation of receipt, to the facsimile number identified below.

CITY OF ROSEVILLE CONTRACTOR
______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ 4 [L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] CITY may also act through either its architect or construction manager if CITY expressly gives notice to CONTRACTOR, in writing, that CITY’s designee has authority to act for CITY in a specific capacity.

7. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the Contract Documents and Public Contract Code Sections 10240-10240.13.

8. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

9. INDEPENDENT CONTRACTOR. CONTRACTOR shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.

10. SUCCESSORS IN INTEREST. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.

11. MODIFICATION. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.

12. SEVERABILITY. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.

13. INTEGRATED AGREEMENT. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.

14. CONTRACTORS LICENSE LAW. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE 5 [L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022]

BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST

CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE ALLEGED VIOLATION. A

COMPLAINT REGARDING A LATENT ACT OR OMISISON PERTAINING TO STRUCUTRAL DEFECTS MUST BE FILED WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O.

BOX 26000, SACRAMENTO, CALIFORNIA 95826.

IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. _____, adopted by the Council of the City of Roseville on the _____day of _________________, 20_____, and CONTRACTOR has caused this Agreement to be duly executed.

CITY OF ROSEVILLE, a _______________________________
municipal corporation _______________________________
BY: _______________________________ BY: ______________________________ DOMINICK CASEY its: _______________________________
City Manager
and
ATTEST:

BY: ______________________________
its: _______________________________
BY: _______________________________

CARMEN AVALOS
City Clerk
6 [L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] APPROVED AS TO FORM:

BY: _______________________________

MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:

BY: _______________________________

JASON SHYKOWSKI
Public Works Director
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022]

INSURANCE BROKER INFORMATION PACKET
Project:_______________________________________
NOTICE TO CONTRACTOR:

For your convenience, this package contains the Requirements for Insurance and Bonds for this project, including the necessary City forms. You are required to return these forms in addition to the executed Contract within fifteen (15) calendar days after the award of the Bid, unless otherwise directed by City in writing. (See the Instructions to Bidders.) Please insert the dollar amount of your accepted Bid into the blank on page INS-1 and present this entire package to your insurance broker if you are awarded the Bid. [L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022]

TABLE OF CONTENTS
Page
Notice to Insurance Broker INS 1
Insurance Requirements INS 2
Public Works Faithful Performance Bond INS 7
Public Works Payment Bond INS 9
INS - 1
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NOTICE TO INSURANCE BROKER
Your client has been awarded a bid by the City Council of the City of Roseville to perform a public works project known as ___________________________________________.

The Contract Conditions for that project require your client (“the Contractor”) to return certain evidence of insurance and bonds to the City Attorney of the City within fifteen (15) days after the Bid award, unless otherwise directed by the City in writing, or else the Bid award may be terminated and awarded to another company.

This package contains the information you will need as an insurance broker to provide the appropriate insurance and bonds to the City. The insurance coverages the Contractor needs are specified in the section entitled “Insurance Requirements.” Please note that, in addition to the insurance certificate itself, copies of several endorsements must be actually furnished.

Please refer to Special Provisions for modifications of the Standard Construction Specifications, if any, and the requirements of this insurance packet.

Please use the standard City of Roseville Bond Forms provided in this package.

The Bonds required must each be in the penal amount of: $______________________.

Bonds must be sent to the following staff person:
________________________________
________________________________
________________________________
Insurance documents must be provided using one of the following methods:
a. By email to [email protected] and [email protected] b. By fax to (770) 335-5727 and (916) 774-5461
After using one of these methods, please DO NOT send the insurance certificate(s) by mail.

When forwarding the documents, please refer to the project name so that the documents can be matched with the Contract for which they are submitted.

Thank you.

INS - 2
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INSURANCE REQUIREMENTS
The following sections are quoted from the Standard Construction Specifications:
7-1.06 INSURANCE COVERAGE.

A. Evidence of Maintenance Required. The Contractor shall, at its expense, procure and at all times maintain in full force and effect at a minimum the insurance required by this section on all of its operations; and the Contractor shall not allow any Subcontractor to commence work until similar insurance required of the Subcontractor has been obtained and filed. An original Certificate of Insurance, and copies of all required endorsements, all in a form approved by the Risk Manager, evidencing all required coverage or policies shall be filed after the award of the bid and prior to approval of the Contract by the City Council. Contractor shall provide ten (10) days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Roseville as Certificate holder.

B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies acceptable to the City and licensed to do business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best's Insurance Reports.

C. Insurance Required.

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage for projects under One Million Dollars ($1,000,000) and INS - 3
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.

The Commercial General Liability insurance shall include the following, copies of which shall be provided:
a. Inclusion of the City of Roseville, and its officers, agents, employees, and volunteers, as additional insureds (except for workers’ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the ISO CG 2010 10 01 combined with ISO CGL Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.

INS - 4
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] d. Such insurance shall specifically cover the contractual liability of the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least One Million Dollars ($1,000,000) shall cover all Contractors staff while performing any work incidental to the performance or this Agreement.

4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the INS - 5
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] Agreement. Coverage must commence from the first day that Contractor or any of its Subcontractors provided any design or engineering services in connection with the Project.

5. Builder’s Risk/Course of Construction Insurance Is ____ OR Is Not ____ Required by Risk Management: The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion or acceptance of the Work if no Notice of Completion is to be recorded.

The Contractor shall secure “All Risk” type of builder's Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.

The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowable under the Builder's All Risk policy shall be five percent (5%) of the Contract amount.

Builder's Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of

3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.

INS - 6
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6. Pollution Coverage: Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damage arising out of the abatement, removal, storage, transportation, or other exposure to hazardous materials or pollutants, in limits not less than Two Million Dollars ($2,000,000). Contractor shall add the City and all parties required to be indemnified by Contractor as additional insured on all pollution liability policies.

7. Higher Coverage Limits: If Contractor maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

8. Claims Made Coverage: Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis.
7-1.06A OTHER INSURANCE PROVISIONS.

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

B. The City acknowledges that some insurance requirements contained in these Standard Specifications may be fulfilled by self-insurance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by Contractor under the Contract.

INS - 7
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by City in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.

C. The Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work. Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.

D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage INS - 8
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.

E. The limits of insurance required in this Contract may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.

F. The insurance procured by Contractor shall be subject to the approval of the City, but any acceptance of insurance certificates by the City shall in no way limit or relieve Contractor of its duties and responsibilities under the Agreement.

G. Contractor shall be responsible for all premiums, deductibles, and selfinsured retention applicable to the insurance it is required to procure under the Contract. All deductibles or self-insured retentions over five hundred thousand dollars ($500,000) must be approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.

H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.

I. Contractor’s indemnity obligations shall not be limited by these insurance provisions and shall survive the expiration of the Contract and the insurance provisions of the Contract shall likewise not be limited by the indemnity provisions of the Contract.

INS - 9
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY

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

FAITHFUL PERFORMANCE BOND
(Project: ______________________________________________) WHEREAS, the City of Roseville (“CITY”) has awarded a bid and contract to ___________________________________________________________________ as contractor (“PRINCIPAL”) for the public work described as __________________ _________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing its faithful performance; and
NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.

The condition of this obligation is such that if the PRINCIPAL, or its heirs, executors, administrators, successors or assigns, shall abide by, and in all respects promptly and faithfully perform the covenants, conditions and provisions in said AGREEMENT and any alteration thereof made as therein provided, notice of which alterations to Surety being hereby waived, on its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents, employees, volunteers as therein stipulated, then this obligation shall be null and void; otherwise, this obligation shall be and remain in full force and effect.

As condition precedent to the satisfactory completion of the contract, the obligation of the PRINCIPAL and SURETY under this Bond shall remain in effect for a period of one (1) year after the completion and acceptance of the WORK. During that time, if the PRINCIPAL, its heirs, executors, administrators, successors or assigns fails to make full, complete and satisfactory repair and replacement or totally protect the CITY from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the WORK, then the obligation shall remain in full force and effect. However, anything in Bond No. __________
Premium $_________
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] this paragraph to the contrary notwithstanding, the obligation of the SURETY shall continue so long as any obligation of the PRINCIPAL remains.

No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.

Whenever PRINCIPAL shall be and declared by CITY to be in default under the AGREEMENT, SURETY shall promptly remedy the default, or shall promptly do one of the follow at CITY’s election:

1. Undertake through its agents or independent contractors, reasonably acceptable to CITY, to complete the AGREEMENT in accordance with its terms and conditions and to pay and perform all obligations of PRINCIPAL under the AGREEMENT, including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages.

2. Reimburse CITY for all costs CITY incurs in completing the AGREEMENT, and in correcting, repairing or replacing defects in materials or workmanship and/or materials and workmanship which do not conform to the specifications in the AGREEMENT.

SURETY’s obligations hereunder are independent of the obligations of any other surety for the performance of the AGREEMENT, and suit may be brought against SURETY and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing CITY’s rights against the others.

No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY or its successors or assigns.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. [SIGNATURES NEXT PAGE]
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the ____ day of __________________, 20___.

PRINCIPAL: SURETY:

BY:____________________________ BY:__________________________ PRINT NAME: ________________________ PRINT NAME: ______________________ PRINT TITLE: ________________________ PRINT TITLE:_______________________ AND MAILING ADDRESS:

BY: ___________________________ _____________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________ (Notarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:

BY: ________
City Attorney
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PUBLIC WORKS

LABOR AND MATERIALS PAYMENT BOND
(Project: ______________________________________________) WHEREAS, the City of Roseville (“CITY”), has awarded a bid and contract to ______________________________________________________________________ as contractor (“PRINCIPAL”), for the public work described as ____________________ ________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing payment of persons who provide labor and material; and NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.

The condition of the obligation is such that if the PRINCIPAL, its subcontractors, heirs, executors, administrators, successors or assigns fails to pay any of the persons named in Section 8004 or 9100 of the Civil Code of the State of California, or the amounts due under the Unemployment Insurance Code of the State of California, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the PRINCIPAL and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the SURETY will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, shall pay reasonable attorneys’ fees, to be fixed by the Court.

This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file a Stop Payment Notice pursuant to the provisions of Section 9350 et seq. of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Bond No. __________
Premium $_________
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.

IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the _____ day of __________________, 20__.

PRINCIPAL: SURETY:

BY: ________
City Attorney
SCS – 1
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CITY OF ROSEVILLE

STANDARD CONSTRUCTION SPECIFICATIONS
SCS – 2
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TABLE OF CONTENTS
Page
Adoption of State Specifications SCS 3
Section 1. General SCS 3
Section 2. Bidding SCS 5
Section 3. Contract Award and Execution SCS 9
Section 4. Scope of Work SCS 11
Section 5. Control of Work SCS 11
Section 6. Control of Materials SCS 18
Section 7. Legal Relations and Responsibility SCS 18
Section 8. Prosecution and Progress SCS 32
Section 9. Payment SCS 33
Section 14. Environmental Stewardship SCS 35
SCS – 3
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ADOPTION OF STATE SPECIFICATIONS

1. The State of California Department of Transportation (“Caltrans”) Standard Specifications dated 2015, are hereby adopted as the Standard Specifications of the City of Roseville except insofar as they may be modified by these Standard Construction Specifications.

2. Except for Division 1, Section 2, numbering in these Standard Construction Specifications conforms to that in the Caltrans Standard Specifications. The existence of a section in these Standard Construction Specifications means that the corresponding section of the Standard Specifications is modified in some respect. Unless otherwise specified, the modified Standard Specification provisions are deleted entirely, and the provisions of these Standard Construction Specifications are substituted.

DIVISION 1. GENERAL PROVISIONS
SECTION 1. GENERAL
ACCEPTANCE. Shall mean the formal Acceptance by resolution of the Roseville City Council of an entire Contract which has been completed in all respects in accordance with the Plans and specifications and any modifications thereof previously approved, causing a notice of completion to be filed with the County Recorder.

ATTORNEY GENERAL. The City Attorney of the City of Roseville.

CITY ATTORNEY. The City Attorney of the City of Roseville.

CITY CLERK. Shall mean the City Clerk of the City of Roseville.

SCS – 4
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] DEPARTMENT. Shall mean the Department of Public Works of the City of Roseville, also referred to as the Department of Contract Administration. References made to the Department of Transportation otherwise shall mean the State of California Department of Transportation.

DIRECTOR. Shall mean the Public Works Director of the City of Roseville or his or her duly authorized representative.

ENGINEER. Shall mean the Public Works Director of the City of Roseville or his or her duly authorized representative.

ESTIMATED COST. The estimate prepared by the Public Works Director of quantities of work to be performed.

LIQUIDATED DAMAGE. The amount to be deducted from payments due or to become due to the Contractor for delay, as set forth in the Special Provisions.

PLANS. The official Project Plans, Standard Plans, Improvement Plans, Construction Standards, profiles, typical cross sections, general cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Director which show the location, character, dimensions and details of the work to be performed. All such documents are to be considered as a part of the Plans whether or not reproduced in the Special Provisions.

In the above definition, the following terms are defined as follows:
a. Standard Plans - The Standard Plans of the Department of Transportation of the State of California.
b. Project Plans - The Project Plans are specific details and dimension peculiar to the Work and supplemented by the Standard Plans, insofar as the same may apply.

SCS – 5
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] c. Construction Standards - The City of Roseville Design and Construction Standards.

STATE. Reference to the State or State of California shall mean City or City of Roseville unless the reference is to a law or regulation of the State, and reference to Sacramento shall mean Roseville unless otherwise noted.

SECTION 2. BIDDING
SECTION 2 SHALL BE DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING:
2-1.01 PROPOSAL FORMS. The Department will furnish to each Bidder a standard proposal form, which, when filled out and executed shall be submitted as its bid. Bids not presented on forms so furnished will be disregarded.

The proposal form is bound in a book together with the Notice to Contractors, special provisions, and Contract. The proposal shall set forth for each item of work, in clearly legible figures and words, an item price and a total for the item in the respective spaces provided, and shall be signed by the Bidder, who shall fill out all blanks in the proposal form as required therein.

All items shown on the schedule of bid items shall be properly filled in and shall include all costs of labor, materials, equipment, and State, Federal, or other taxes applicable to the transaction. The completed forms shall be without inter-lineations, erasures or alterations of any nature. If the proposal is made by an individual, his or her name and post office address must be shown; if made by a firm or partnership, the name and post office address of each member of the SCS – 6
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] firm or partnership must be shown; or if made by a corporation, the proposal shall show the name of the State under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer of said corporation. If the proposal is signed by an agent, a “Power of Attorney” must be filed with the proposal.

The proposal shall be submitted as directed in the “Notice to Contractors” under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the time and date of the bid opening therefor. Proposals which are not properly marked may be disregarded. Proposal forms shall be obtained from the Director of Public Works, City of Roseville, California. Proposal forms are not transferable. 2-1.02 REJECTION OF PROPOSALS AND DISQUALIFICATION OF
BIDDERS. Proposals may be rejected if they show any alterations of the forms, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one (1) proposal for the work contemplated, will cause the rejection of all proposals in which the Bidder is interested. The City reserves the right to reject any and all proposals.
2-1.03 PROPOSAL GUARANTY. All bids shall be presented under sealed cover and accompanied by one (1) of the following forms of Bidder's security. a. Cash, a cashier's check, a certified check, or a Bidder's bond executed by an admitted California surety insurer, made payable to the City.

SCS – 7
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] b. The security shall be in an amount equal to at least ten percent (10%) of the bid amount. A bid will not be considered unless one (1) of the forms of Bidder's security is enclosed with it.
c. A Bidder's bond will not be accepted unless it conforms to a bond form approved by the City Attorney. Upon request “Bidder's Bond” forms may be obtained from the Department.
2-1.04 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the Director. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline for submission of bids nor may any bid be withdrawn after the time fixed in the public notice for deadline for submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and City is under no obligation to return the bids.
2-1.05 RELIEF OF BIDDERS. If the Bidder claims a mistake was made in his or her bid, the Bidder shall give the Department written notice within five (5) calendar days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. No relief from a claimed mistaken bid shall be granted unless such mistake clearly appears on the face of the bid submitted to the City. Claimed mistakes on backup worksheets, spreadsheets, computerized bidding programs, or any other similar calculative bidding mistake which is not apparent on the face of the bid shall not under any circumstance be considered as a SCS – 8
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] basis for relief. The burden of proving the occurrence of a mistake entitling a Bidder to relief from its bid rests entirely on the Bidder. Relief from bids shall be in the City’s sole discretion. 2-1.06 PREVIOUS DISQUALIFICATION, REMOVAL OR OTHER
PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local project because of a violation of law or a safety regulation. 2-1.07 COMPETENCY OF BIDDERS. If two (2) or more prospective Bidders desire to bid jointly as a joint venture on a single project, they must file an affidavit of joint venture with the Bid on a form approved by the City Attorney, and such affidavit of joint venture will be valid only for the specific project for which it is filed. If such affidavit of joint venture is not filed as aforesaid and approved by the City Attorney prior to the time for awarding bids on the specific project for which it is submitted, a joint bid submitted by said Bidders will be disregarded. No bid will be accepted from or a Contract awarded to any Bidder to whom a proposal form has not been issued pursuant to Section 2-1.06. 2-1.08 GUARANTY AND WARRANTY. The Contractor shall guarantee and warrant all materials supplied as being fit for the purpose intended. The Contractor shall guarantee and warrant all work performed as having been accomplished in a proper and workman-like manner. The guarantee and warranty required by this section shall continue for a period of one (1) year after Acceptance of the Work.

Should any failure of the work occur within a period of one (1) year, after Acceptance of the project by the City Council due to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at his or her expense.

SCS – 9
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] The City is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) calendar days after being given written notice of such failure; provided, however, that in case of emergency where in the opinion of the Engineer, providing a reasonable attempt has been made to notify the Contractor, delay would cause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected without prior notice to the Contractor, and the Contractor shall pay the entire cost thereof. At the completion of the work the faithful performance bond may be reduced at the discretion of the City Council to not less than ten percent (10%) of the Contract price to cover said guarantee.

Additional guarantees or warranties may be required by the Special Provisions.

SECTION 3. CONTRACT AWARD AND EXECUTION
3-1.04 CONTRACT AWARD. The right is reserved to reject any and all proposals. The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within sixty (60) calendar days after the public opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, the Roseville City Council may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) calendar days after the public opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred and four (104) calendar days after public opening of the proposals. The above time periods within SCS – 10
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.

All bids will be compared on the basis of the Director's estimate of the quantities of work to be done.
3-1.05 CONTRACT BONDS. The successful Bidder, simultaneously with the execution of the Contract, will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price; said bonds shall be in a form approved by the City Attorney and shall be secured by a surety company satisfactory to the City Attorney. If the Contract price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly.

Furthermore, the successful Bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3). 3-1.18 CONTRACT EXECUTION. The Contract, in form and contents satisfactory to the City, shall be executed by the successful Bidder and returned, together with the Contract bonds and certificates of insurance within fifteen (15) calendar days after written notice that the Contract has been awarded, or as otherwise directed, in writing, by the City.

No proposal shall be considered binding upon the City until the execution of the Contract by the City.
3-1.20 FAILURE TO EXECUTE CONTRACT. Section 3-1.20, “Failure to Execute Contract” is added as follows:
“Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds SCS – 11
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] and insurance as provided herein within fifteen (15) calendar days, or within a different timeframe specified by City in writing, after such Bidder has received notice that the Contract has been awarded to him or her, shall be just cause for the annulment of the award and the forfeiture of the Bidder’s security to the City as Liquidated Damages. The successful Bidder may file with the Roseville City Council a written notice, signed by the Bidder or his or her authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to him or her. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds and insurance within the time prescribed by Section 3-1.18.” SECTION 4. SCOPE OF WORK
There are no amendments to the Standard Specifications.

SECTION 5. CONTROL OF WORK
5-1.02 CONTRACT COMPONENTS. These Standard Construction Specifications, the Standard Specifications, the Standard Plans, the Improvement Plans, Construction Standards, Project Plans, project Special Provisions (and any addenda), the Agreement, Contract Change Orders, and all supplementary documents are all essential parts of the Contract between Contractor and the City. A requirement occurring in one (1) is as binding SCS – 12
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] as though occurring in all. They are intended to be complementary, and to describe and provide for a complete work.

In resolving inconsistencies among two (2) or more sections of the Contract Documents, precedence shall be given in the following order:

A. Special Provisions
B. City of Roseville Standard Construction Specifications C. City of Roseville Design and Construction Standards
D. State Standard Specifications and Amendments to the State Standard Specifications, Standard Special Provisions, and Plans
E. Drawings
Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these specifications, the special provisions, or the Plans, the Contractor shall apply in writing to the Director for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of these specifications, the special provisions or the Plans, reference shall be made to the Director, whose decision thereon shall be final.

In the event of any discrepancy, between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings. 5-1.20B(5) CITY OF ROSEVILLE ENCROACHMENT PERMITS. Section 5-

1.20B(5), “City of Roseville Encroachment Permits” is added as follows:
“The Contractor need not obtain a separate encroachment permit from the City prior to construction within street rights-of-way or other City rights-of-way. Execution of the Contract by the City shall be deemed an encroachment permit for work required by SCS – 13
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] the Contract within rights-of-way. All work shall conform to the rules and regulations of encroachment permits and shall be subject to the inspection and approval of the Director.”
5-1.20B(6) CITY OF ROSEVILLE BUSINESS LICENSE. Section 5-1.20B(6), “City of Roseville Business License” is added as follows:
“The Contractor shall obtain a business license from the City prior to commencing work.”
5-1.20B(7) OTHER PERMITS. Section 5-1.20B(7), “Other Permits” is added as follows:
“The Contractor in coordination with the Director shall procure any necessary permits which the City has not specifically mentioned as obtaining.” 5-1.31 JOB SITE APPEARANCE. The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply:

When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly.

The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily. Forms or falsework that are to be reused shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be reused shall be disposed of concurrently with their removal.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in price paid for the various Contract items of work involved, and no additional compensation will be allowed therefore.

SCS – 14
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] 5-1.38 MAINTENANCE AND PROTECTION RELIEF. Section 5-1.38 is deleted.
5-1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION. Section 5-

1.43 is deleted in its entirety and replaced with the following:
5-1.43A NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to payment for any additional compensation for any act or failure to act by the City, including failure or refusal to issue a Change Order, or for the happening of any event, thing, occurrence or other cause unless he or she shall have given the City due written Notice of Potential Claim as hereinafter specified.

The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The said Notice as above required must have been given to the Director prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Director, or in all other cases within three (3) Days after the happening of the event, thing, occurrence or other cause giving rise to the potential claim.

If the Notice of Potential Claim does not include complete information about the claim or the parties do not execute a Contract Change Order in connection with the Notice of Potential Claim, Contractor shall submit a complete information about its claim for additional compensation and/or extension of time for performance within fifteen (15) calendar days after such work is performed. Failure to provide written notice of claim prior to undertaking such work or failure to timely submit a complete and specific information about the claim for SCS – 15
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] additional compensation and/or extension of the time for performance shall be deemed a waiver and abandonment of such claim.

If there is a dispute over any claim, the Contractor shall continue to work during the dispute resolution process in a diligent and timely manner as directed by the City, and shall be governed by all applicable provision of the Agreement.

The Contractor shall maintain cost records of all work that is the basis of any dispute. On a daily basis, Contractor shall submit to City completed daily forms, the format of which will be acceptable to the City, with respect to the Contractor’s costs of performing the disputed work.

These daily forms shall itemize all of Contractor’s costs in performing the disputed work, including, but not limited to, all costs relating to materials, labor and equipment with respect to the disputed work. These daily forms shall provide names or identification and classification of affected workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Said daily work forms shall be duly signed and verified by the Contractor or its authorized representative. The City’s receipt of the Contractors’ daily forms shall not constitute an approval of the Contractor’s claim. Contractor’s failure to submit the daily forms on a daily basis shall constitute a waiver of the Contractor’s right to claim any additional compensation for the disputed work.

Each Contractor claim shall include full and complete information concerning the Claim.

Contractor shall provide a clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of time and/or compensation sought pursuant to the claim; if Contractor’s claim arises from an ongoing occurrence, Contractor shall so state in its claim, including a description of the specific Work activities SCS – 16
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] affected by the claim. All costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the circumstances together with complete supporting documentation.

The City will review any timely Notice of Potential Claim and supporting information submitted by Contractor. In conducting this review, the City shall have the right to require the Contractor to submit such additional or supporting documents, data and other information as the City may require.

If an agreement can be reached which resolves the Contractor’s claim, the parties will execute a Contract Change Order to document the resolution of the claim. If the parties cannot reach agreement with respect to the Contractor’s claim, the Contractor shall still be obligated to comply with the claim identification provisions identified in these Standard Construction Specifications, including but not limited to Section 5-1.43B.

It is the intention of this Section 5-1.43A that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Director at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he or she shall have no right to additional compensation for any Claim that may be based on any such act, failure to act, event, thing or occurrence for which no timely written Notice of Potential Claim as herein required was filed. 5-1.43B CLAIMS. Contractor must submit all Claims, for which it has previously submitted a Notice of Potential Claim, prior to Acceptance of the Work. Each such Claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the Claim.

SCS – 17
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed forty-five (45) calendar days, or such further time as mutually agreed upon or necessary pursuant to Public Contract Code Section 9204, the City shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. If the City does not respond to a Claim from the Contractor within the time specified herein, such Claim shall be deemed rejected in its entirety.

Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) calendar days after the City issues its written statement.

If the Contractor disputes the City’s written response, or if the City does not respond within the time specified herein, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within thirty (30) calendar days for settlement of the dispute.

Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claims that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claims shall be processed and made within sixty (60) calendar days after the public entity issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a SCS – 18
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall be responsible for the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be resolved in accordance with Section 9-1.22. 5-1.46 FINAL INSPECTION AND CONTRACT ACCEPTANCE. When the Director has made the final inspection and determines that the Contract work has been completed in all respects in accordance with the Plans and specifications, the Director will recommend that the Roseville City Council formally accept the work, and immediately upon and after such Acceptance by the City, the Contractor will be responsible for the work done for a period of one (1) year.

SECTION 6. CONTROL OF MATERIALS
6-1.03 LOCAL MATERIALS. Local material sites used by the Contractor shall be graded so that, at the time of final inspection of the Contract, they will drain and will blend in with the surrounding terrain.

SECTION 7. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 7-1.02K(2) WAGES. The provisions of paragraphs 1and 2 of Section 7-1.02K(2) of the Standard Specifications are amended to read as follows:
“Pursuant to the provisions of California Labor Code Section 1773, the City has identified the source, stated below, of the general prevailing rate of wages applicable to the SCS – 19
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

The wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm, and are incorporated herein as part of the Contract.

Pursuant to California Labor Code Section 1773.2, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.” 7-1.02K(6)(b) EXCAVATION SAFETY. For trenches or excavation five feet (5') or deeper, the Contractor shall obtain from the Division of Industrial Safety, a permit authorizing such construction.
7-1.02O VEHICLE CODE. Pursuant to the authority contained in Vehicle Code Section 591, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Vehicle Code Divisions 11, 12, 13, 14, and 15. Attention is directed to the statement in Section 591 that this section shall not relieve the Contractor nor any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of equipment and the protection of the public from injury and damage from such equipment. 7-1.03 PUBLIC CONVENIENCE. Section 7-1.03 of the Standard Specifications is amended in part as follows:

1. Delete paragraph 10 (“Install signs, lights, flares . . .”) and substitute the following:

SCS – 20
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] “In order to expedite the passage of public traffic through or around the work, the Contractor shall install signs, lights, flares, temporary railing (type K), barricades, and other facilities for the sole convenience and direction of public traffic as may be required.

Also, as may be required, the Contractor shall furnish competent flaggers whose sole duties shall consist of directing the movement of public traffic through or around the work. The cost of furnishing and installing such signs, lights, flares, temporary railing (type K), barricades, flaggers, and other facilities shall be included in the lump sum paid for traffic control and no additional compensation will be allowed therefor.

In addition to the requirements previously specified for furnishing facilities and flaggers to expedite the safe passage of the public through or around the work, the Contractor shall at his or her expense furnish and erect within or adjacent to the work such warning, regulatory, or guide signs, markers, or devices as are necessary.”

2. Add a paragraph at the end of the section to read as follows:
“In addition to the requirements hereinbefore specified for furnishing facilities and flaggers for expediting the passage of public traffic through or around the work, the Contractor shall furnish and erect, within or adjacent to the limits of the Contract, such warning, regulatory, and guide signs as may be required. The Contractor shall furnish, install and remove all such signs. Payment for furnishing, installing and removing all such signs shall be included in the lump sum price paid for traffic control and no additional compensation will be allowed therefor.”
7-1.04 PUBLIC SAFETY. It is the intent of the parties that the City is not an exposing, creating, controlling, or correcting employer under California Labor Code Section 6400. In accordance with generally accepted construction practices and State law, the Contractor SCS – 21
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] shall have the authority and be solely and completely responsible for conditions on the job site, including safety of all persons and property during performance of the Work. Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce worksite safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and violations are abated. The Contractor is responsible for assuring that all subcontractors adhere to the minimum CAL/OSHA safety requirements and that each subcontractor has an effective CAL/OSHA IIP (Illness and Injury Protection Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.

The services of the Director in conducting construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's Work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near the construction site. If a City employee observes a safety violation, the City employee will report the violation to the Contractor who is then responsible for assuring the violation is abated.

The Contractor is hereby informed that Work on this project could be hazardous. The Contractor shall carefully instruct all personnel working in potentially hazardous Work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to Work underground.

All Work and materials shall be in strict accordance with all applicable State, City, County, and Federal Rules, Regulations, and Codes, and attention is drawn to the requirements SCS – 22
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] of CAL/OSHA. The Contractor shall be solely responsible for compliance with all City, County and State blasting requirements and for any damages caused by his or her operations.

In accordance with California Labor Code Section 6705, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground.

This in no way relieves the Contractor from the requirement of maintaining safety in all operations performed by the Contractor or the Contractor's subcontractors. The detailed plan showing design of shoring, bracing, sloping or other provisions shall be prepared by a registered civil or structural engineer in the State of California as required. Acceptance by the City or its designated agent only constitutes acknowledgment of the submission and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submissions, applicability to areas of intended use, nor implementation of the plans, which are solely the responsibility of the Contractor and his or her registered engineer.

Notwithstanding any classifications relative to the Tunnel Safety Orders, Work within confined spaces on this project is subject to the definitions and applicable provisions of California Code of Regulations Section 8400 et seq., Title 8.

The Contractor shall so perform its Work as not to expose personnel to, or to discharge into the atmosphere from any source whatever, smoke, dust, asbestos, toxic chemicals or other air contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction. Contractors or subcontractors removing one hundred or more square feet (100') of asbestos must be “Certified” in accordance with State law. All Work involving exposure to asbestos and all other hazardous materials shall be performed with protection of personnel in compliance with all applicable regulations and safety requirements.

SCS – 23
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] Nothing in these Standard Construction Specifications is to be construed to permit Work not conforming to governing codes. When Contract Documents differ from governing codes, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor tight or explosion proof electrical installation is required by code, this shall be provided. In accordance with the provisions of Labor Code Section 6707, the Contractor shall provide adequate sheeting, shoring and bracing for employee protection, as provided in the proposal as separate Bid Items.
7-1.05 INDEMNIFICATION. The City of Roseville and its officers, agents, employees, and volunteers, including but not limited to the Director, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or any things used or employed in performing the work; for injury to or death of any person, either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, his or her workers, or anyone employed by the Contractor or his or her subcontractors.

The Contractor shall be responsible for any liability imposed by law and for injuries to, or death of, any person including, but not limited to, workers and the public, or damage to property resulting from defects or obstructions, or from any cause whatsoever during the progress of the work or at any time before its completion and final Acceptance.

To the fullest extent allowed by law, the Contractor shall defend (through counsel acceptable to the City), indemnify, and save harmless the City of Roseville and its officers, agents, employees, and volunteers from all claims, suits, or actions of every name, kind, and description, brought forth, or on account of, injuries to or death of any person including, but not SCS – 24
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] limited to, workers and the public, or damage to property resulting from the performance of the Contract, except as otherwise provided by statute.

The duty of the Contractor to defend, indemnify, and save harmless includes, but is not limited to, the duties to defend as set forth in Civil Code Section 2778. The Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers, agents, employees, or volunteers.

It is the intent of the parties that the Contractor will defend, indemnify, and hold harmless the City of Roseville, its officers, agents, employees, and volunteers from any and all claims, suits, or actions as set forth above regardless of existence or degree of fault or negligence, on the part of the City, the Contractor, the subcontractor or employee of any of these; except the duty does not apply where the injury or damage is due to the sole or active negligence or willful misconduct of the City.

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

In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages.

The retention of money due the Contractor shall be subject to the following:

A. The City will give the Contractor thirty (30) calendar days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior SCS – 25
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] to Acceptance of the Contract. Retention of funds from any payment made after Acceptance of the Contract may be made without such prior notice to the Contractor.

B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.16F, “Retentions,” of the Standard Construction Specifications.

C. If the City had retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. 7-1.06 INSURANCE COVERAGE. Section 7-1.06 Insurance in the Standard Specifications shall be deleted in its entirety and replaced with the following:

B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies acceptable to the SCS – 26
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] City and licensed to do business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best's Insurance Reports.

C. Insurance Required.

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage for projects under One Million Dollars ($1,000,000) and limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.

SCS – 27
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, crossliability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers' SCS – 28
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least One Million Dollars ($1,000,000) shall cover all Contractors staff while performing any work incidental to the performance or this Agreement.

4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the Agreement. Coverage must commence from the first day that Contractor or any of its Subcontractors provided any design or engineering services in connection with the Project.

5. Builder’s Risk/Course of Construction Insurance (If Required by Risk Management): The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion or acceptance of the Work if no Notice of Completion is to be recorded.

The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The SCS – 29
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] maximum deductible allowable under the Builder's All Risk policy shall be five percent (5%) of the Contract amount.

Builder's Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of

3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.

A. The requirements of the Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to, and shall not in any manner limit or qualify the liabilities and SCS – 30
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] obligations otherwise assumed by the Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification, nor preclude the City from taking any other action available to it under any other provision of the Contract or law.

B. The City acknowledges that some insurance requirements contained in these Standard Specifications may be fulfilled by self-insurance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by Contractor under the Contract.

Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by City in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.

SCS – 31
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.

SCS – 32
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.

J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY

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

SECTION 8. PROSECUTION AND PROGRESS
8-1.04 START OF JOB SITE ACTIVITIES. The Contractor shall begin work by the date specified in the “Notice to Proceed” letter, and the Contractor shall thereafter diligently prosecute the work to completion.

The Contractor shall notify the Director, in writing, of his or her intent to commence work at least seventy-two (72) hours before work is begun. The notice shall specify the date on which the Contractor intends to begin work. If a project has more than one (1) location of work, a separate notice shall be given for each location.

Should the Contractor begin work in advance of issuance of a “Notice to Proceed,” any work performed in advance of such issuance shall be considered to have been done at Contractor's own risk and as a volunteer.

SCS – 33
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] SECTION 9. PAYMENT
9-1.11C PAYMENT INCLUSIONS. The following is added to Section 9-1.11C Payment Inclusions:
“No additional compensation will be made to the Contractor for claims of increased overhead costs occurring within the originally specified construction Contract period plus any time extensions granted by Change Order. No compensation for extended performance will be granted unless the delay exceeds more than half of the float time available at the time of the delay.”
9-1.16E(4) STOP NOTICE WITHHOLDS. The City may, at its option and at any time, retain out of amounts due the Contractor, sums sufficient to cover claims (including costs and attorneys’ fees), filed pursuant to California Civil Code Section 9350 et seq. 9-1.16F RETENTIONS. The Department shall retain five percent (5%) of the Contract price as part security for the fulfillment of the Contract by the Contractor. 9-1.16G PAYMENT OF WITHHELD FUNDS. Section 9-1.16G, “Payment of Withheld Funds” is added as follows:
“Except as otherwise prohibited by law, the Contractor may elect to receive all payments due under the Contract pursuant to without any retention. If the Contractor so elects, a deposit with the City of securities with a value equivalent to the retention that would otherwise be withheld by the City shall be made. Said security shall be as provided in California Public Contract Code Section 22300, and shall be approved by the City both as to sufficiency and form. In the alternative, the Contractor may elect to deposit such securities in an escrow account and enter into a standard form Escrow SCS – 34
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] Agreement for Security Deposits in Lieu of Retention. Blank Agreements are available from the Public Works Director and the City Attorney's Office.” 9-1.17 PAYMENT AFTER CONTRACT ACCEPTANCE. “Final Payment” shall be made in accordance with this section. The Contractor shall, after the completion of the Contract, submit a final estimate of the amount of work done thereunder and the value of such work. Upon approval of the estimate by the Director, the City of Roseville shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty five (35) calendar days from the date of Acceptance of the work by the City Council, and thirty-five (35) calendar days after filing of the Notice of Completion with the County of Placer.

No certificate given or payments made under the Contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, and no payment (including the final payment) or certificate shall be construed to be an Acceptance of any defective work or improper materials. Final payment shall not release the Contractor from one (1) year guarantee of the work as provided in Section 7-1.17, “Acceptance of Contract” and Section 2-1.12 “Guarantee and Warranty” of these Specifications.

SCS – 35
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] SECTION 14. ENVIRONMENTAL STEWARDSHITP
14-8.02 NOISE CONTROL. The provisions of Section 14-8.02 of the Standard Specifications are amended by adding the following:
“The Contractor shall additionally conform to the provisions of Roseville Municipal Code Chapter 9.24 where such provisions are more restrictive than these specifications.”
14-9.01 AIR QUALITY GENERAL. The provisions of Section 14-9.01, “Air Quality General” of the Standard Specifications are amended by adding the following:
“Material to be disposed of shall not be burned unless the Contractor has obtained a permit to burn combustible material resulting from clearing and grubbing operations from the Placer County Air Pollution Control District and City of Roseville Fire Marshall. A copy of the permits shall be filed with the Director
before beginning any burning. All such burning shall be conducted in strict conformance with the provision stipulated in said permits and at such times and in such manner as to prevent fire from spreading to areas adjoining the right-of-way.” 14-11.02A ASBESTOS REMOVAL AND DISPOSAL. Section 14-11.02A, “Asbestos Removal and Disposal” is added as follows:
“The Contractor shall comply with all rules, regulations, statutes and ordinances regarding asbestos removal and disposal, including but not limited to, 42 U.S.C. Sections 7401, 7412 and 7601 and 40 C.F.R. Part 61, Subpart M.

SCS – 36
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] If the Contractor discovers that a building to be demolished or renovated contains asbestos containing material, the Contractor shall immediately cease work and notify the City.”

END OF STANDARD SPECIFICATIONS
AB 626 - 1
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] TEXT OF AB 626
Assembly Bill No. 626
CHAPTER 810
An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.
[Approved by Governor September 29, 2016. Filed with Secretary of State September 29, 2016.]
LEGISLATIVE COUNSEL’S DIGEST
AB 626, Chiu. Public contracts: claim resolution.

Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration.

Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less.

This bill would establish, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified.

This bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The bill would authorize the 45-day period to be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill would require that the claim be deemed rejected in its entirety if the public entity fails to issue the written statement.

This bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor.

This bill would require the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of these rights is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

AB 626 - 2
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] By increasing the duties of local agencies and officials, this bill would impose a statemandated local program.

This bill would, on January 1, 2020, repeal the provision establishing the claim resolution process.

This bill would specify that these provisions constitute a matter of statewide concern.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

The people of the State of California do enact as follows:

SECTION 1. Section 9204 is added to the Public Contract Code, to read:
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) ”Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) ”Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) ”Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) ”Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.

AB 626 - 3
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) ”Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) ”Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each AB 626 - 4
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

AB 626 - 5
[L:\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 3/10/2022] (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

SECTION 2.

The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.

SECTION 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SPECIAL PROVISIONS
TOC-1

TABLE OF CONTENTS
DIVISION I GENERAL PROVISIONS..........................................................................................................2 1 GENERAL..............................................................................................................................................2 2 BIDDING ................................................................................................................................................2 3 CONTRACT AWARD AND EXECUTION...............................................................................................3 4 SCOPE OF WORK ................................................................................................................................3 5 CONTROL OF WORK ...........................................................................................................................3 6 CONTROL OF MATERIALS..................................................................................................................6 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ..........................................................7 8 PROSECUTION AND PROGRESS ......................................................................................................8 9 PAYMENT........................................................................................................................................... 10 DIVISION II GENERAL CONSTRUCTION ............................................................................................... 11 12 TEMPORARY TRAFFIC CONTROL ................................................................................................ 11 13 WATER POLLUTION CONTROL..................................................................................................... 16 14 ENVIRONMENTAL STEWARDSHIP ............................................................................................... 16 15 EXISTING FACILITIES..................................................................................................................... 16 19 EARTHWORK.................................................................................................................................... 19 DIVISION V SURFACINGS AND PAVEMENTS ...................................................................................... 21 37 BITUMINOUS SEALS....................................................................................................................... 21 39 HOT MIX ASPHALT........................................................................................................................... 40 DIVISION IX TRAFFIC CONTROL DEVICES .......................................................................................... 41 84 MARKINGS....................................................................................................................................... 41 85 RESERVED ........................................................................................ Error! Bookmark not defined. 86 SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS ...................................................................... 42 Appendix A – Payment Forms
Appendix B – Intersection Flash Form
Appendix C – Door Hanger
Appendix D - BMPs
Appendix E – Traffic Signal As-Builts
Appendix F – CALTRANS ENCROACHMENT PERMIT CONDITIONS
SP-1

SPECIAL PROVISIONS

FOR THE CITY OF ROSEVILLE
2021 GENERAL FUND ARTERIAL RESURFACING PROJECT

SCOPE OF SPECIAL PROVISIONS
The work described in these Special Provisions shall be performed in conformance with the latest editions of the City of Roseville Standard Construction Specifications, City of Roseville Design and Construction Standards, 2015 State of California Standard Specifications, Amendments to the 2015 Standard Specifications, 2015 Standard Special Provisions, and 2015 Standard Plans, except insofar as these Special Provisions may modify them.

With the exception of section 2, “Bidding,” numbering in these Special Provisions conforms to that in the State Standard Specifications. The existence of a section in these Special Provisions means that the corresponding section in the Standard Construction Specifications, State Standard Specifications, and/or State Revised Standard Specifications is modified in some respect.

The construction materials, payments, etc., for items of work shown in the proposal and on the plans, but not specifically mentioned in these Special Provisions are referred to the Standard Construction Specifications, State Standard Specifications, and/or State Revised Standard Specifications for conformance.

DISCREPANCIES AND OMISSIONS
Replace section 5-1.02 with:

A component in one Contract part applies as if appearing in each. The parts are complementary and describe and provide for a complete work.

Any discrepancies or omissions found in the Contract Documents shall be reported to the Engineer immediately. The Engineer will clarify discrepancies or omissions, in writing, within reasonable time.

In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order:

1. Special Provisions

2. City of Roseville Standard Construction Specifications

3. City of Roseville Design and Construction Standards

4. Amendments to the 2015 State Standard Specifications

5. 2015 State Standard Specifications

6. 2015 State Standard Plans

7. Drawings
Addenda shall take precedence over all sections referenced therein. Figure dimensions on Drawings shall take precedence over general Drawings. Detailed Drawings shall take precedence over General Drawings. Specific specifications take precedence over a general specification. Specification in a section takes precedence over a specification referenced by that section.

If a discrepancy is found or confusion arises, submit an RFI.

DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to section 1-1.06:

BMP Best Management Practice
CAMUTCD California Manual on Uniform Traffic Control Devices PMAR Polymer Modified Asphalt Rubber
Add to section 1-1.07B:

Replace the definition for holiday in section 1-1.07B with:

Holiday: Holiday shown in the following table:

Holidays
Holiday Date observed
New Year’s Day January 1st
Martin Luther King Day Third Monday in January
President’s Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Day December 25th
When a designated holiday falls on a Saturday or Sunday, the preceding Friday or following Monday (respectfully) shall be a designated holiday.
2 BIDDING
Add section 2-1.00, “SCOPE” as follows:

The bidder's attention is directed to the provisions in section 2, “Proposal Requirements and Conditions”, of the Standard Construction Specifications for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

Add section 2-1.09, “OBTAINING PLANS AND SPECIFICATIONS” as follows:

A Project Manual, including all Contract Documents and the Proposal forms for bidding this project, may be purchased or downloaded on-line from Public Purchase service at http://www.publicpurchase.com/.

The service requires that the Contractor establish a username and password in order to download and/or order plans and specifications.

Add section 2-1.10, “SUBMITTAL OF PROPOSALS” as follows:

In addition to the requirements of the Notice to Contractor’s and the Standard Construction Specifications, proposals must be submitted to the City Clerk, under sealed cover and plainly marked on the outside, 2021 GENERAL FUND ARTERIAL RESURFACING PROJECT no later than the date and time of public submittal of proposals as specified in the Notice to Contractor’s. Any addenda to these Special Provisions or other contract documents shall be acknowledged where indicated.

SP-2
SP-3
Add section 2-1.11, “QUESTIONS” as follows:

Question shall be submitted in writing to http://www.publicpurchase.com/ no later than 7 working days prior to the bid opening. Questions submitted after the above listed deadline will not be addressed. The City will respond in writing to the questions no later than 3 working days prior to the bid opening. 3 CONTRACT AWARD AND EXECUTION
Add to section 3-1.02A:

For a Base Bid/Alternate Bid project, the City of Roseville shall determine the apparent lowest responsive/responsible bidder, at the time of bid opening, based on the lowest total of the Base Bid plus the Alternative Bid items. The City of Roseville, if it chooses to award, shall award the lowest responsible/responsive bidder based on the lowest total of the Base Bid plus any Alternative Biditem(s) at the City’s discretion. Depending on budget constraints, the actual project may, at the City’s discretion, include items from only the Base Bid or from the Base Bid plus one or more Alternate Bid items. The Contractor must submit for all Base Bid and all Alternate Bid items. No response or response of zero on any bid item shall be deemed a non-responsive bid.
4 SCOPE OF WORK
Add to section 4-1.01:

The project consists of removal and replacement of Hot Mix Asphalt(digouts), Micro-surfacing, High Friction Surface Treatment, striping, vegetation removal, temporary striping, permeant striping, replacement of traffic signal detection, conduit, detector handholes, and adjustment of existing utility covers.

The contractor shall make provisions within their bid to install traffic signal detection between lifts of new HMA and have the detection full functional within 24 hours of damaging the detection during milling operations.

Add to the list in the 1st paragraph in section 4-1.06B:

3. During the progress of the work, if material is discovered that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed and disposed at a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, the party discovering such conditions shall promptly notify the other party in writing before conditions are disturbed and before the affected work is performed.

Add to section 4-1.13:

The Contractor shall remove all temporary pavement delineation.

Prior to submitting the final payment request, the Contractor shall remove all reference markings (i.e. USA markings, striping reference points, utility reference points) placed during the course of work by pressure washing. Where the final roadway surface is micro-surfacing or high friction surface treatment, remove markings by hand painting all reference markings with paint that matches the treatment color. Paint shall be in rectangular blocks.
5 CONTROL OF WORK
Add to section 5-1.01:

All work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer, along with all affected utility companies, 2 working days in advance of the start of work to coordinate and schedule inspection staff.

The City will provide 1 inspector and 1 resident engineer for an 8 hour day and 40 hour per week basis only, excluding designated City, State, or Federal holidays. The Contractor shall reimburse the City in the amount of $226.00 per hour for inspection and $250.00 per hour for Resident Engineer costs for time in SP-4
excess of 8 hours per day, 40 hours per week, or inspection performed during designated City, State, or Federal holidays. Designated City holidays are listed in section 1-1.07B, “Glossary.” The Contractor shall provide a competent person during normal working hours to assist the Engineer, when required, in checking the Contractor’s layout and for measuring quantities for payment purposes.

The Contractor shall cooperate with the Engineer so that checking and measuring may be accomplished with the least interference to the Contractor’s operations.

Add to Section 5-1.20A:

The Contractor shall cooperate with other forces constructing, relocating, and/or modifying facilities within the project limits. The Contractor shall coordinate his work with that of others, including utility companies, and, other local agencies to prevent delays.

It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present and/or relocated positions as shown on the plans or as described in the specifications, and that no additional compensation will be allowed for any delays, inconvenience, or damages sustained due to any interference from said appurtenances or the operation of moving them. In addition, the Contractor shall not be allowed any additional compensation for delays of inconvenience sustained by the Contractor due to the City not having City-supplied equipment ready for pick-up. In such a case, the City may increase the number of working days for the contract.

Five days prior to beginning work, the Contractor shall provide to the Engineer, in writing, the name and telephone number of a representative who is directly involved with this project, and under the supervision of the Contractor. The Contractor’s representative may be contacted by City staff during non-working hours including nights, weekends and holidays in the case of any public inconvenience and/or emergency relating to the Contractor’s operations. The Contractor representative shall not be replaced by another company employee for the duration of the project without a written explanation from the Contractor which has been approved by the Engineer. Should a new representative be used, he/she shall be knowledgeable of the project, the events, and/or revisions that may be occurring.

City of Roseville Maintenance forces may undertake crack filling or pavement repair work concurrently with the Contractor's work. The Contractor shall cooperate with these forces and schedule so that the work can progress to completion in a minimum time frame.

Add to section 5-1.20B(1):

The Contractor shall obtain a business license from the City of Roseville prior to performing the work.

The Contractor may use water from City of Roseville fire hydrants provided that the required permits are obtained and the Contractor has paid the associated fees. The contractor shall supply the Engineer with a copy of the required permits.

More information regarding hydrant permits can be found by following the link below:
https://www.roseville.ca.us/government/departments/environmental_utilities/at_your_service/water_suppl y/hydrant_permits
The contractor shall obtain and comply with all necessary permits, licenses, agreements, and certifications including but not limited to Caltrans and local agency encroachment permits.

Add to section 5-1.20B(4)
The Contractor is responsible for making arrangements to stock-pile and store equipment outside the public right of way as work is performed. Personal vehicles of the Contractor's employees shall not be parked on the traveled way, shoulders, or private property, including any section closed to public traffic.

The Contractor shall secure easements at their own expense for any areas required for plant sites, storage of equipment or materials, or for any other purposes. Before occupying any easement area, the Contractor shall provide the Engineer a written statement from each property owner verifying easement acquisition.

SP-5
Staging areas located on private property shall be restricted to properties where the property owner has given written authorization to the Contractor for use of said property. The Contractor shall submit, at the preconstruction conference, documentation of the written authorization from the property owner(s). Prior to final acceptance of the project, the Contractor shall provide the Engineer a written statement of release from each property owner that granted an easement for the Contractor’s operations.

Replace section 5-1.26 with:
5-1.26 CONSTRUCTION SURVEYS
The Contractor shall be responsible to provide all surveys to control the lines, elevations and dimensions of the work in conformance with the plans. Any deviation from the lines, elevations and dimensions shown on the plans must receive prior approval from the Engineer. Where new construction connects to existing facilities, the Contractor shall check and establish the exact location prior to construction of the facility.

The Contractor shall be responsible for the accuracy of his/her own layout work and shall be responsible and liable for the preservation of all established lines, grades and layout points. Stakes damaged or destroyed by the public, or operations of the Contractor, will be replaced at the Contractor’s expense.

Add to section 5-1.32 of the Revised Standard Specifications:

The contractor shall submit a haul route for use for each roadway segment on the project.

The haul route must be utilized by all construction traffic. Any observed deviation from this route shall result in damages in the amount of $1000 per occurrence.

Add to section 5-1.36 of the Revised Standard Specifications:

The Contractor shall notify Underground Service Alert (USA) at (800) 642-2444 at least 72 hours in advance of beginning work on the project. The Contractor is cautioned that there are underground and overhead utility facilities within the work area including telephone, electrical, cable television, gas, water and sanitary sewer transmission facilities, and storm drainage collection facilities.

The scope of this project is not anticipated to interfere with existing underground or overhead utilities other than to raise manhole covers to grade as necessary. However, the Contractor shall take notice of existing utility covers and trench lines. The Contractor shall use extreme caution when excavating, raising manholes, and paving in the vicinity of such facilities.

The Contractor shall visit the site of the proposed work and determine the quantity and location of the manholes, valve covers and utility appurtenances to be encountered in the proposed work area and adjust his/her bid accordingly. Damage to such utilities resulting from the Contractor's operations to complete the project shall be repaired at the Contractor's expense.

Where possible conflicts exist, the Contractor shall verify the grade and location of existing underground utilities by careful hand digging prior to beginning work. In the event the Contractor discovers existing utilities within the limits of the excavation, the Contractor shall immediately notify the Engineer and the affected utility owner by the most reasonable expeditious method and later confirm in writing. All required relocation of existing facilities that interfere with the work shall be made by the owning agencies.

All existing utilities are to remain in service during construction. The Contractor shall be required to work around existing utility poles that will remain in the curb or sidewalk. The Contractor shall also be required to work around existing utility poles that are not within the actual pavement sections. Minor changes in alignment of slopes shall be made to avoid direct conflict that will interfere with the intended purpose of the facility.

Prior to Chip Seal, Micro-surfacing, High Friction Surface Treatment or Cape Seal operations, the Contractor shall mark the location of all covers with temporary pavement markers and submit to the Engineer an inventory of all manhole covers, miscellaneous covers and lids located within the streets to be repaired. Chip Seal, Micro-surfacing, High Friction Surface Treatment or Cape Seal operations shall not commence until the Contractor’s and Engineer’s inventory list agree. The Contractor shall be responsible for properly removing and disposing the temporary pavement markers.

SP-6
Add to Section 5-1.36E of the Revised Standard Specifications:

Within the project limits, there are various types of survey monuments including monuments within wells/boxes and unprotected monuments within the existing asphalt.

Prior to the start of work, the contractor shall coordinate with a City contracted surveyor while they mark all monuments within the project with paint. The contractor shall protect all monuments in place. The City may conduct a post construction survey to determine if a monument has been disturbed, obliterated, or otherwise obscured during construction. The Contractor shall be responsible for all costs to re-establish the survey monuments that disturbed, obliterated, or otherwise obscured during construction to the latest City Standards or as directed by the Engineer.

Add section 5-1.36F:

It shall be the responsibility of the Contractor to protect existing roadway facilities (including but not limited to culverts, manholes, monuments, railings, signs, traffic signal detectors, and other roadway appurtenances). Facilities damaged due to the Contractor's operations shall be repaired or replaced, as directed by the Engineer, at the Contractor's expense.

In the event that a sign is knocked down or street maintenance type work is required in the City of Roseville, the Contractor shall immediately call Street Maintenance at (916) 774-5790 or (916) 847-1611 during non-business hours so a repair crew can be dispatched. If traffic signal detector facilities, signal or lighting facilities are cut or damaged during construction, Traffic Signal Maintenance shall be immediately contacted at (916) 774-5339 or at (800) 745-8894 during non-business hours. Traffic signal detector loops shall be replaced within 24 hours; Traffic signal wiring shall be repaired immediately.

The surfaces of all roadway facilities within the limits of work (i.e. manhole covers, water valve covers, monument lids, etc.) shall be protected from the Chip Seal, Micro-surfacing or Cape Seal application. All material used to protect the facilities shall be removed and disposed of properly after the resurfacing work. After the resurfacing work, the surfaces of all roadway facilities shall have a clean surface. 6 CONTROL OF MATERIALS
Add to section 6-2.02A:

Material testing for this project will be provided by the Contractor as set forth in section 6 of the State Standard Specifications and the most current City of Roseville’s Quality Assurance Program. The Contractor shall perform all testing to verify compliance with the Specifications of any and all materials furnished by the Contractor. The Contractor shall submit and receive the Engineer’s approval of all compliance test results prior to incorporating materials into the project. The Contractor may elect to place material without the approved certificates of compliance and mix designs at Contractor’s own risk. The Contractor shall notify the Engineer in writing to get the approval of placement of material without approved certificates of compliance and mix design, and $10,000 will be withheld from the Contractor’s progress payment for each certificate of compliance and mix design until the certificate of compliances and mix designs are submitted and approved.

Samples, certificates of compliance, lists of materials and material sources, access to facilities, requests for testing and all other data relating to material testing shall conform to section 6 of the State Standard Specifications, “Control of Materials.” Contractor shall provide the Engineer with 5 working days’ notice of the need for material testing.

SP-7
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to section 7-1.02K(5):

All work shall be constructed during the working hours following working hours:

Segment Working Hours
Hour
Segment
Name 1 2 3 4 5 6 7 8 9
1 0
1 1
1 2
1 3
1 4
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
Douglas Blvd x x x x x x x x x
Cirby Way x x x x x x x x x
Rocky Ridge
Dr x x x x x x x x x
S. Cirby Way x x x x x x x x x
Old Auburn
Rd x x x x x x x x x
Pleasant
Grove Blvd x x x x x x x x x
Intersection Red Flash Working Hours shall apply when working within 500’ of an intersection.

Intersection Red Flash Working Hours
Hour
Segment
Name 1 2 3 4 5 6 7 8 9
1 0
1 1
1 2
1 3
1 4
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
Douglas Blvd x x x x x x x
Cirby Way x x x x x x x
Rocky Ridge
Dr x x x x x x x
S. Cirby Way x x x x x x x
Old Auburn
Rd x x x x x x x
Pleasant
Grove Blvd x x x x x x x
Exceptions:

Day work is required for digouts on Douglas between Vernon St and Judah St. Day work 7:00am to 2:00pm.

All Work on Keehner Ave shall occur between 7:00am to 7:00pm. Actual working hours shall be adjusted to 30 minutes after the morning bell and 30 minutes before afternoon for Cirby Elementary should school be in session.

Work within Caltrans Right of Way shall conform to working hours provided on Caltrans Encroachment permits.

Requests for authorization to perform work outside the hours listed above shall be made in writing to the Engineer at least 72 hours in advance.

The Contractor shall review the City’s Holiday Traffic Control Restrictions and adjust its’ bid accordingly.

SP-8
Add to section 7-1.03:

The Contractor shall immediately remove all asphalt material on gutters, sidewalks, and driveways that was tracked or sprayed by equipment or personnel under the Contractor’s control.

Add to section 7-1.04:

The Contractor shall cooperate with and notify the local police and fire departments, refuse, ambulance services, transit, hospitals, and Public Works Street Division of proposed construction operations 5 days before work is to begin.

The Contractor shall be responsible to notify and coordinate their schedule with schools that may be in or adjacent to the projects area.
8 PROSECUTION AND PROGRESS
Add to section 8-1.01:

The Contractor shall prepare a Traffic Control Plan that conforms to section 12, “Temporary Traffic Control.”
The work shall be performed in conformance with the phases of construction shown on the Contractor's Traffic Control Plan. Traffic Control that does not conflicting with work in subsequent phases may proceed concurrently with work in preceding phases.

For this project:

1. Install new conduit, handholes, and remove and replace traffic boxes

2. Complete Digouts and traffic signal detection replacement

3. Temporary Striping

4. Micro-surfacing

5. Temporary Striping

6. Place Permanent Striping
.

After resurfacing the roadway and before the roadway is opened for use by the public, the Contractor shall place temporary pavement delineation.

Permanent pavement delineation shall be installed no earlier than 7 calendar days and no later than 14 calendar days after the resurfacing treatments.

Replace section 8-1.02 with:
8-1.02 SCHEDULE
The Contractor shall submit a progress schedule to the Engineer at the preconstruction conference. The progress schedule shall state the street name, the anticipated start and completion dates and the type of construction operation anticipated for each street, and an alternate date in the event the Contractor does not meet their schedule. Work that exceeds the stated completion date shall be understood as being out of conformance with the progress schedule and these Special Provisions. Strict conformance to the progress schedule shall be maintained and should the Contractor not meet their schedule liquidated damages shall apply as outlined in these Special Provisions, the only acceptable delay is due to weather.

The Contractor shall submit a revised progress schedule within 5 working days of the Engineers written request.

Scheduling of change orders or extra work orders is the responsibility of the Contractor. The Contractor shall revise the schedule to incorporate all activities involved in completing the change orders or extra work order and submit it to the Engineer for review and approval. With the concurrence of the Engineer, SP-9
change or extra work orders of a magnitude less than $500 do not need to be scheduled, unless the order affects the project schedule or other outside parties.

If the Engineer finds the Contractor is entitled to an extension of any completion date under the provisions of the contract the Engineer's determination of the total number of days extension will be based upon the current analysis of the schedule and upon data relevant to the extension.

Replace section 8-1.03 with:
8-1.03 PRECONSTRUCTION CONFERENCE
Prior to the start of construction, a preconstruction conference will be called by the Engineer for the purpose of discussing with the Contractor the scope of work, contract drawings, specifications, existing conditions, materials to be tested, equipment to be used, and all essential matters pertaining to the prosecution and the satisfactory completion of the project as required. The Contractor's representation at this conference shall include all major superintendents for the work and may include major Subcontractors and material suppliers.

In addition to the preconstruction conference, there will be a pre- micro-surfacing meeting to discuss the micro-surfacing operations and layout, working hours, traffic control plans, and the Subcontractors performing the work shall be present.

The Contractor shall be responsible to coordinate utility relocations within the project area. Coordination of utilities within the project limits, including relocations and maintenance of existing facilities and additions thereto, shall be confirmed in writing by utility representatives and the Contractor at this conference or within 5 working days thereafter.

Add to section 8-1.04:The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of 70 Working Days beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

Notify the Engineer in writing that all work has been completed. The Engineer will create a punch list of items to be addressed prior to acceptance. Complete all punch list items within the contract working Add to section 8-1.10Ah:

The City specifies liquidated damages (Pub Cont Code § 10226). Liquidated damages, if any, accrue starting on the 1st day after the expiration of the working days through the day of Contract acceptance except as specified in sections 8-1.10B and 8-1.10C.

The Engineer will provide written notice of non-conformance to the Contractor within 24 hours of the violation. All Contractor's equipment, machinery, traffic control, and personnel shall be off of the pavement and all lanes shall be open to traffic to be considered as full compliance.

Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.

Add to section 8-1.10B:

The Contractor shall stop placement of micro-surfacing 2 hours prior to the last scheduled working hour for the roadway. The Contractor shall pay to the City liquidated damages of $1,000 per hour for each hour, or portion of an hour, that micro-surfacing is placed beyond 2 hours prior to the last scheduled working hours.

SP-10
The roadway shall be fully opened to traffic by the end of the roadways last working hour. The Contractor shall pay to the City liquidated damages of $1,000 per hour for each hour, or portion of an hour, after the last working hour is exceeded and that a traveled lane remains closed due to the Contractor’s operations.

After the working hours of the roadways are exceeded by 1 hour of the last working hour, the Contractor shall pay to the City liquidated damages of $2,000 per hour for each hour, or, portion of an hour, that a traveled lane remains closed due to the Contractor’s operations.

For other failures to complete work within a specified time, the Contractor shall pay to the City liquated damages of $2,000 per hour for each hour, or, portion of an hour, that the work remains incomplete.

Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.

Add to section 8-1.10C with:

The Contractor shall pay to the City liquidated damages of $1,000 per day for each day, or portion of a day, should the micro-surfacing schedule not be met as outlined in section 8-1.02, “Schedule” of these Special Provisions. The Contractor shall pay to the City liquidated damages of $600 per day for each day, or portion of a day, that a street is not swept as outlined in sections 37-2.03I and 37-3.03C(8), “Sweeping” of these Special Provisions.

For other failures to complete work by a specified time, the Contractor shall pay to the City liquated damages of $2,000 per hour for each hour, or, portion of an hour, that the work remains incomplete.

Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.

Add to section 8-1.13:

The Contractor is responsible for all material and/or equipment necessary to perform the project as specified. Should the City have to supply the Contractor with time, material, or equipment to complete work beyond that which is specified herein, the Contractor shall be billed accordingly. 9 PAYMENT
Add to section 9-1.02A:

Payment for all work bid at a price per unit of measurement will be based upon actual quantities of work as measured upon completion. The City does not expressly or by implication agree that the actual amount of work or materials of any class will correspond to the estimated quantities given in the proposal.

The Contractor shall make no claim for anticipated profits, or loss of profit, for damages, or for any extra payment whatever because of any difference between the amount of work actually done or materials furnished and the estimated amount.

The percentage paid for “Traffic Control System” and “Placement and Maintenance of BMPs” bid items on each progress payment shall be based on percentage of actual work completed excluding those items not to exceed 100%.

Replace section 9-1.07 with the following:

No Payment Adjustments for Price Index Fluctuations shall be made.

SP-11
Add to section 9-1.16A:

The Contractor shall submit all requests for progress payments using the forms included in Appendix A:

Form CC1: Progress Payment Request - This form is to be completed and signed by the Contractor and attached as a cover sheet to its request for payment. This will be mandatory on all contract requests.

Form CC2: Progress Payment Request – Detail - This form may be used by the Contractor to provide the detail required to verify payment quantities. (City will accept the Contractor’s standard form if it provides the required information).

Form CC3: Quantity Change Verification Form - This form is required before any payment can be made based on actual quantities exceeding estimated quantities. At the conclusion of the contract, the City will issue a “Balancing Change Order” incorporating all quantity increases and decreases in the contract items of work.

Replace Reserved in section 9-1.17A with:

The Contractor shall submit:

Form CC4: Final Release Form - This form must accompany all requests for final payment (see Appendix A).

DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
12-1 GENERAL
Add to section 12-1.01:

Attention is directed to sections 7-1.03, “Public Convenience,” 7-1.04, “Public Safety,” and 12, “Temporary Traffic Control,” of the Revised State Standard Specifications, State Standard Specifications, Standard Construction Specifications, and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from the requirements of section 7-1.04, “Public Safety.” Section 12-1.04:

This section of the State Standard Specification has been deleted. 12-3 TEMPORARY TRAFFIC CONTROL DEVICES
Add to section 12-3.32
In addition to Section 12-3.32 of the State Standard Specifications, portable changeable message sign shall be furnished, placed, operated and maintained for the duration of the project at those locations indicated on the plans or where designed by the Engineer in conformance with the provisions in Section 12, “Construction Area Traffic Control Devices,” of the State Standard Specifications and these Special Provisions. Contractor shall provide portable changeable message signs at the beginning and end of each roadway segment to be resurfaced and at each segments intersection with an arterial roadway (both directions). City of Roseville roadway classifications can be found by following the link below and clicking on the “California Road System (CRS) Map” link on the website:
https://dot.ca.gov/programs/research-innovation-system-information/office-of-highway-systeminformation-performance SP-12
Portable changeable message signs shall be placed at least 10 working days prior to the start of initial work and shall remain in place for the duration of the work. Changeable message signs shall state the street the work is taking place, the dates, the time of work and type of work. Changeable message signs shall be turned off after initial work on a roadway segment is complete and no work is anticipated on a segment for five (5) working days. Prior to resuming work on a roadway segment, changeable message signs shall be turned on five (5) working days in advance.

The contract price paid for each Portable Changeable Message Signs shall include full compensation for furnishing all labor, materials, tools, equipment, maintenance, relocating, removal, and incidentals, and for doing all work involved in placing, maintaining, and removing Changeable Message Signs, complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor. 12-4 MAINTAINING TRAFFIC
Add to section 12-4.01A:

At the preconstruction conference, the Contractor shall submit a Traffic Control Plan showing traffic control measures and/or, if approved, detours for vehicles and pedestrians affected by the construction work. A minimum of 7 working days will be required to review and provide the Contractor with comments on the plan. The Contractor shall revise the plan per the City's comments until the plan is accepted by the Engineer. The Contractor will not be allowed to begin work until the Engineer has accepted the traffic control plan.

The Contractor shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning, and advisory signs. The Contractor shall provide and maintain all traffic control and safety items. The Contractor assumes sole and complete responsibility for job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously 24 hours per day and shall not be limited to normal working hours.

The Traffic Control Plan shall cover all stages of work, per site, and include (but not limited to) the following information and detail: (1) Street closures and detours if allowed; (2) construction, warning, detour and restriction signs, including "No Parking", “Loose Gravel”, “Construction Area Speed limit Signs, “and “Bump Ahead” signs; (3) temporary striping and pavement markers; (4) barricades; (5) flashing arrow signs; (6) lighted message boards; (7) portable delineators; (8) traffic cones; (9) lights, flares, flaggers, and spacing’s.

A copy of the accepted Traffic Control Plan must be kept at the job site at all times.

Temporary lane closures will be allowed only during approved working hours. During the closures, the contractor shall maintain access to adjacent properties. No lane closures may begin without an approved traffic control plan. Contractor shall provide at least 1 lane in each direction on all existing streets throughout the construction project unless otherwise approved in writing by the Engineer.

When work is performed within 200’ of an intersection, the Contractor shall request that the traffic signal be placed in red flash. The Contractor shall submit a Red Flash Request form at minimum 72 hours in advance of the date of work to the Resident Engineer and the City Traffic Engineering Team. Requests placed after 4:30pm shall be considered as placed 8:00am the following day. The Red Flash Request Form is included in Appendix B. If no work is being performed with an intersection, the Contractor shall inform a City representative so the signal will be restored to normal operations. The intent is that the traffic signal is placed in Red Flash when lanes will be taken approaching and at the intersection and when work will occur within the limit lines.

At all intersections, the Contractor shall provide a minimum of 2 flaggers per intersection while the intersections are in red flash, or as determined by the Engineer.

The Contractor shall diligently progress with operations within signalized intersections and communicate with the Engineer for restoring signalized intersections to normal operations once the Contractor’s operations are complete within the limits of signalized intersections.

SP-13
The Contractor shall cooperate with and notify the local police and fire department, ambulance services, post office, refuse collectors, schools and school districts, transit, and residents of proposed construction operations and traffic control operations a minimum of 5 working days before work is to begin in each work area. If changes are made to the Traffic Control Plan, Contractor shall re-notify at least 2 working days before work is to begin. In addition, the Contractor shall make available a 24 hour telephone number in case of emergencies and/or problems.

The Contractor will be responsible for notifying residents and businesses of the proposed construction.

Notifications shall be distributed to residents and businesses within a 100 feet radius of the job limits, including residents and businesses located on streets adjacent to the construction.

Notifications to affected residents and businesses within the work areas and shall consist of 2 phases which shall be performed for all roadway treatments applications.

The first phase notifies the affected residents and businesses of the upcoming construction through the use of “door hanger” type formatted notifications. The notification shall state the street name, the working hours, and the anticipated begin and completion dates for each street. The City will provide a digital copy of “door hanger” for each treatment for use by the Contractor. The Contractor shall distribute the door hanger notifications a minimum of 5 working days in advance of any work. This shall be repeated for each roadway treatment. If work is adjacent to gated communities, the contractor shall mail notifications 2 weeks in advance of proposed work. The contractor shall review the work area prior to submitting a bid and determine if gated communities are within the notification zone and inform their bid accordingly.

Notifications shall be tucked neatly in doorjambs, handles, or partially under mats. Notifications shall not be glued, stapled, tacked, or otherwise attached to property. The Contractor shall take care to stay on designated walkways during delivery of notifications, and be polite to citizens encountered.

The second phase consists of the Contractor posting “No Parking” signs on barricades 48 hours prior to the work on streets that allow parking where required. The “No Parking” signs shall also include the exact working day that the resurfacing or other construction work will take place. A warning indicating that vehicles will be towed away at the owner’s expense shall also be included on the “No Parking” signs. In addition, the Contractor shall make available a 24 hour telephone number in case of emergencies and/or problems and shall post the telephone number on the “No Parking” signs. The Contractor shall be responsible for placing temporary “No Parking” signs in advance of any construction activity. Barricades shall be placed a maximum of 500 feet apart, on both sides of the affected street. This shall be repeated for any subsequent construction operation portion of work. At the preconstruction conference, the Contractor shall provide the Engineer a copy of the proposed notification “No Parking” for acceptance.

The Contractor shall be responsible for placing “Construction Speed Limit” signs on both sides of the affected street 1 hour prior to the street being opened to traffic after placement of chip seal. The speed limit for the “Construction Speed Limit” signs cannot be less than 10 mph below the posted speed. At the preconstruction conference, the Contractor shall submit to the Engineer a sample “Construction Speed Limit” sign for acceptance. Signs shall be placed a maximum of 500 feet apart, on both sides of the affected street.

Emergency access to driveways, intersections, and residential streets shall be maintained at all times. If vehicles are parked in the working area, the Contractor shall not attempt to move the vehicle. The Contractor shall notify the Engineer immediately, and the Engineer shall make proper arrangements to remove the vehicle.

Lane and street closure shall not be allowed without proper advance warning devices, signing and flag persons in conformance with the State Standard Specifications and these Special Provisions. At the completion of each working day, all lanes of traffic shall be open to the public. Street closure shall not be allowed on schedule refuse collections days.

The provisions in this section shall not relieve the Contractor from his/her responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety.”
SP-14
Traffic Control shall include all labor, tools, equipment and materials required to provide, maintain, and remove all signage, flagmen, temporary barricades, and appurtenances to provide traffic control within the project limits as set forth in the State Standard Specifications, California Manual on Uniform Traffic Control Devices (CAMUTCD), these Special Provisions, and as directed by the Engineer.

The Contractor shall have on their payroll a competent person responsible for all traffic control required for this project. The person shall be on site at all times whenever traffic control is in effect. Contractor shall identify this person at the preconstruction conference.

Should the Contractor decide to subcontract the traffic control portion of this project, the Subcontractor shall be available as previously described. In addition, the Contractor shall also appoint a person to oversee the traffic control operations. The Contractor's appointee shall be available and responsible to implement the necessary traffic control plan according to the accepted traffic control plan and the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD).

Any vehicle used to place, maintain, or remove components of a traffic control system on multilane highways at night shall be equipped with a Type II flashing arrow sign which shall be in operation at all times while the vehicle is being used for placing, maintaining, or removing said components. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion.

During the working hours, the Contractor may, with the Engineer's approval, close 1 or 2 of the traffic lanes in each direction of existing 4 lane and 6 lane roads respectively, to perform the required work. One travel lane shall remain open in each direction. Lane closure shall not be allowed without proper advance warning devices and signing, and flag person control in conformance with the State Standard Specifications and these Special Provisions. The Engineer shall be the sole judge of the spacing, length, and sequence of the lane closure areas. At the completion of each working day, all existing lanes of traffic shall be maintained open to traffic and temporary traffic markers shall be placed (if necessary).

Provisions must be made for the uninterrupted passage of emergency vehicles through the project limits at all times, regardless of controlled traffic conditions existing at the time.

During the working hours, the Contractor may, with the Engineer’s approval, close 1 of the traffic lanes of and existing 2 lane road, to perform the required work. The contractor shall maintain two-way traffic. Lane closure shall not be allowed without proper advance warning devices and signing, and flag person control in conformance with the State Standard Specifications and these Special Provisions. The Engineer shall be the sole judge of the spacing, length, and sequence of the lane closure areas. At the completion of each working day, all existing lanes of traffic shall be maintained open to traffic and temporary traffic markers shall be placed (if necessary). Provisions must be made for the uninterrupted passage of emergency vehicles through the project limits at all times, regardless of controlled traffic conditions existing at the time.

If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

If there is a discrepancy and/or the Traffic Control Plan submitted and approved by the City is not followed Contractor shall correct the discrepancy within 1 hour. If this is not mitigated the Contractor will stop work as directed by the Engineer.

Replace section 12-4.02A(2) with:
8-4.04A(2) Definitions
See section 1-1.07B of these Special Provisions for designated holidays.

Add to section 12-4.02C(3)(a):

Non-compliance with the traffic lane closure hours as specified in these Special Provisions shall result in a deduction from the Contractor’s progress payment(s) as specified in section 8-1.10B.

SP-15
Replace Reserved in section 12-4.10 with:

Full compensation for conforming to all requirements specified in section 12, “Temporary Traffic Control,” excluding sections 12-3.32, “Portable Changeable Message Signs” and 12-6, “Temporary Pavement Delineation,” shall be considered as included in the contract lump sum price paid for “Traffic Control System.”
12-6 TEMPORARY PAVEMENT DELINEATION
Replace the first sentence in section 12-6.01 with:

Section 12-6 includes specifications for placing temporary pavement delineation.

Add to section 12-6.01:

Nothing in these Special Provisions shall be construed as reducing the minimum standards specified in the California MUTCD or as relieving the Contractor from the responsibilities specified in Section 7-1.04, "Public Safety.”
Whenever existing thermoplastic traffic stripes, pavement markings and pavement markers are obliterated the minimum temporary pavement delineation to be provided shall be a single coat of waterborne traffic line paint applied in conformance with section 84, “Markings” of the State Standard Specifications and these Special Provisions.

Temporary pavement delineation shall be placed in three stages of work; temporary pavement delineation shall be placed after existing thermoplastic striping is removed, after digouts, and after micro-surfacing or overlay placement. After any existing thermoplastic pavement striping, markings, and pavement markers or temporary paint has been obliterated by construction operations, other than operations that place the final pavement surface, a single coat of waterborne traffic line paint shall be installed prior to opening the traveled way to public traffic or as determined by the Engineer. No significant difference in alignment between temporary paint and the existing thermoplastic stripes and markings shall be allowed. If, in the opinion of the Engineer, a misalignment exists it shall be repaired to the satisfaction of the Engineer at the Contractors expense. The temporary paint shall be the same color as the laneline or centerline the paint replaces. The temporary paint shall be applied at an approximate rate of 1 gallon per 215 square feet.

Temporary pavement delineation on the final pavement surface shall be laid out in its final location, with the exception of locations where significant striping changes are to be made (changed lane assignments, new lanes, etc), by a C-32 – Parking and Highway Improvement Contractor licensed contractor.

Temporary pavement delineation on the final pavement surface shall be temporary raised pavement markers and shall only be used for lane line delineation, limit lines and yield lines shall be a single coat of paint. The temporary raised pavement makers shall be the peel and stick variety. All raised pavement markers shall be removed prior to the placement of permeant pavement delineation. Temporary raised pavement markers shall be continuously maintained such that all lanes are clearly identified at all times.

Failure to place permeant pavement delineation within 14 days of the final surface shall require the contractor to remove and replace all temporary delineation.

Add to section 12-6.03B:

Temporary laneline or centerline delineation consisting entirely of pavement markers placed on longitudinal intervals of not more than 24 feet shall be used on lanes open to public traffic for a maximum of 14 days. Prior to the end of the 14 days, the permanent pavement delineation shall be placed. If the permanent pavement delineation is not placed within the 14 days, additional temporary pavement delineation shall be provided at the Contractor's expense. The additional temporary pavement delineation to be provided shall be equivalent to the pattern specified for the existing pavement delineation for the area, as determined by the Engineer.

If no-passing centerline pavement delineation is obliterated, install the following temporary no-passing zone signs before opening lanes to traffic:

1. W20-1 (Road Work Ahead) sign from 1,000 to 2,000 feet in advance of the no-passing zone

2. R4-1 (Do Not Pass) sign at the beginning of the no-passing zone and at 2,000-foot maximum intervals within the no-passing zone
SP-16

3. W7-3a (Next ___ Miles) plaque beneath the W20-1 sign for continuous zones longer than 2 miles

4. R4-2 (Pass With Care) sign at the end of the no-passing zone The Engineer determines the exact location of temporary no-passing zone signs. Maintain the temporary no-passing zone signs in place until you place the permanent no-passing centerline pavement delineation.

Remove the temporary no-passing zone signs when the Engineer determines they are no longer required for the direction of traffic.

Add section 12-6.03C with:

Whenever edgelines (including golf cart lane lines and/or bike lane lines) are obliterated, the edgeline delineation to be provided for that area adjacent to lanes open to public traffic shall consist of traffic delineators placed longitudinally at 100-foot maximum intervals.

Add to section 12-6.04:

Full compensation for conforming to all the requirements specified in section 12-6, “Temporary Pavement Delineation” shall be considered as included in the lump sum contract price paid for “Temporary Pavement Delineation.”
13 WATER POLLUTION CONTROL
13-1 GENERAL
Add to section 13-1.01A:

BMP devices shall conform to those shown within the City of Roseville’s Storm Quality BMP Guidance Manual for Construction. The acceptable DI protection is shown in Appendix D of these Special Provisions and shall be installed and maintained by the Contractor. BMP’s shall remain in place during the full construction processes, plastic and or roofing paper is not acceptable to be used for drainage covers.

Add to section 13-1.04:

Full compensation for conforming to all requirements specified in section 13, “Water Pollution Control” shall be considered as included in the contract lump sum price paid for “Placement and Maintenance of BMPS.”
14 ENVIRONMENTAL STEWARDSHIP
14-8 NOISE AND VIBRATION
Add to section 14-8.02:

Noise level requirements shall apply to all equipment used on the project including, but not limited to, trucks, transit mixers or transient equipment that may not be owned by the Contractor. The use of loud signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
15 EXISTING FACILITIES
Add section 15-2 as follows:
15-2 ADJUST EXISTING FACILITIES TO GRADE
15-2.01 GENERAL
15-2.01A Summary
Section 15-2 includes specifications for adjusting existing facilities in the roadway to grade.

Work in this section shall conform to these Special Provisions, State Standard Specifications, and City of Roseville Construction and Design Standards.

All frames, grates, or covers of existing manholes, valve boxes, or other existing facilities shall be replaced, if damaged, and adjusted to grade prior to application of the microsurfacing treatment if SP-17
required. The intent is to mill, and place asphalt around existing facilities. Only facilities identified by the Engineer or designee shall be adjusted. The City shall identify adjustments in the field with the contractor no later than 2 days prior to the scheduled digout operation.

Existing utilities may conflict with the construction of the proposed replacement sections. The Contractor shall be required to coordinate the removal and relocation of the utility facility by the utility company. It shall be the Contractor’s sole responsibility to effect the coordination and it shall be deemed, upon submission of a proposal, that the Contractor has reviewed field conditions and coordinated the removal and relocation of utility facilities with utility companies as required. The Contractor may be required to alter the work schedule and assignment of forces to prevent conflict with the utilities. No additional compensation may be claimed because of delays due to utility relocation. The Contractor will not be assessed liquidated damages, and additional work days will be granted when a delay is caused by the failure of the owner of the utility facility to provide for removal or relocation of existing utility facilities.

The Contractor is encouraged to drive the limits of construction prior to bid to obtain an accurate number of frames and covers that are, or may be, affected by this project.

The Contractor shall provide traffic control for all phases of adjusting manholes and utility boxes in accordance with the provisions of section 12, “Temporary Traffic Control." The Contractor shall install false bottoms and cleaned out manholes after raising or lower them. 15-2.02 MATERIALS
Not used.
15-2.03 CONSTRUCTION
15-2.03A General
The Contractor shall adjust all City owned facilities to within 3/8 inch of finished grade within overlay areas. Handholes in the pavement for traffic signal detector loops do not need to be adjusted to grade and shall be protected in place. All non-City owned facilities shall be raised by the owner of the utility.

The Contractor shall be responsible for coordinating all work with owners of non-City owned utiltities.

The floors of all manholes shall be covered in a manner approved by the Engineer to prevent debris from entering the system during adjustment. Manhole bottoms shall be cleaned of all debris after adjustments are made. Should the Contractor damage existing facilities when adjusting them to grade, the cost to replace and reinstall the new facility shall be borne by the Contractor.

It is the Contractor’s responsibility to identify utility covers and its components that were clearly damaged prior to the start of work. Upon showing proof of such unsalvageable components, the Engineer shall make arrangements to supply the Contractor the necessary replacement materials. Utilities damaged by the Contractor shall be replaced at the Contractor’s expense.

The Engineer may require the Contractor to immediately remove manhole covers and drop inlet grates for inspection and cleaning.
15-2.03B Raising Manhole Heads

1. City owned manhole heads shall be brought to the 3/8 inch below new grade by raising the head with concrete. However, the space between the top of the excavated manhole and the bottom of the casting to be set can be eliminated by installing no more than one grade ring per manhole. A grade ring shall be used only if the manhole cover surface can be maintained parallel to the street surface, and the ring is secure in all aspects as determined by the Engineer.

2. Excavations to raise manhole heads to the new pavement grade shall be such that there is a minimum of 1 foot clear circumference of the excavated pavement. The minimum depth of the annular region formed shall be 2 inches below the finish grade of the casting flange.

3. Castings shall be thoroughly cleaned of all loose or cracked concrete prior to reinstallation. The excavated area and casting shall be wet down thoroughly prior to receiving mortar or concrete. The mortar and concrete used shall be placed or shovel sliced to prevent voids between existing head and casting.

SP-18

4. The finished grade of the manhole head and asphalt concrete shall be checked with a straight edge spanning the diameter of the asphalt cut around the manhole head. The horizontal elevation difference between the manhole head and the new asphalt shall not exceed 3/8 inch in any direction.

5. Manhole heads shall be completely raised the same day that the pavement patch is made to permit full use of traffic at the end of that day. Manhole heads set in concrete may be barricaded where approved by the Engineer.
15-2.03C Raising Water Valve Boxes and Sewer Boxes

1. Raising water valve and sewer boxes to the grade of 3/8 inch below the new pavement surface shall include furnishing and placing new boxes, standpipe risers, and liners as required.

2. The Contractor shall ensure that the box covers are not covered with asphalt emulsions and/or coatings during paving operations. Standpipes shall be clean and free of paving materials and debris.

3. The water valve operating nut shall be left fully exposed after all paving operations have been completed.

4. Existing boxes may be reused if they are G-5 Christy boxes and lids and the valve box covers and frames are not damaged, deficient, or broken. Water valve boxes shall be replaced with new G-5 Christy boxes and lids. Sewer boxes shall be replaced with matching boxes or as determined by the Engineer. Boxes damaged by the Contractor shall be replaced at the Contractor’s expense.

5. All standpipes shall extend a minimum of 2 inches into the raised water valve boxes.

6. The finished grade of the boxes and asphalt concrete shall be checked with a straight edge spanning the diameter of the asphalt cut around the box. The horizontal elevation difference between the box and the new asphalt shall not exceed 3/8 inch in any direction.

7. Boxes shall be completely raised the same day that the pavement patch is made to permit full use of traffic at the end of that day. If unable to completely raise a water valve box by the end of that day, as a temporary measure, the Contractor shall place asphalt cutback in the depression to match adjacent surfaces. Barricades shall not be used overnight.
15-2.03D Raising Other Facilities

1. All other City owned facilities shall be brought to 3/8 inch below the new grade. Other City owned facilities include but are not limited to electric vaults, air release valve boxes, blow off boxes, and cathodic protection facilities.

2. Excavations to raise all other City owned facilities to the new pavement grade shall be such that there is a minimum of 1 foot clear circumference of the excavated pavement.

3. Castings shall be thoroughly cleaned of all loose or cracked concrete prior to reinstallation. The excavated area and casting shall be wet down thoroughly prior to receiving mortar or concrete. The mortar and concrete used shall be hand placed or shovel sliced to prevent voids between the existing facility and casting.

4. The finished grade of the facility and asphalt concrete shall be checked with a straight edge spanning the diameter of the asphalt cut around the facility. The horizontal elevation difference between the facility and the new asphalt shall not exceed 3/8 inch in any direction.

5. Facilities shall be completely raised the same day that the pavement patch is made to permit full use of traffic at the end of that day.
15-2.04 PAYMENT
The payment quantity for “Adjust Manholes and Valves to Grade” bid item shall be paid for by each.

Full compensation for conforming to all requirements specified in section 15-2, “Adjust Existing Facilities to Grade” which includes lowering and then raising each utility cover shall be considered as included in the contract unit price per each paid for “Adjust Manholes and Valves to Grade.” Measurement and Payment for coordination of relocation and adjustment of non-city owned facilities adjusted and relocated by their respective owners is incidental to the work of construction for the various items of work and no separate payment will be made therefor.

SP-19
The estimated quantity for “Adjust Manholes and Valves to Grade” bid item is included in order to establish a unit price per each. The Contractor shall obtain written authorization from the Engineer prior to placement of material. This contract bid item shall be paid only on the basis of written authorization from the Engineer. The City reserves the right to increase, decrease, or delete this item entirely at the discretion of the Engineer. Changes in quantity shall be paid at the unit price specified in the Contractors bid, no additional compensation shall be allowed for changes in quantity. No additional compensation shall be due the Contractor in the event this bid item is deleted entirely. 19 EARTHWORK
19-1.01A Summary
In addition to the requirements of Section 19-1.01 of the State Standard Specifications, the following shall apply:

The Contractor shall perform all excavation required for the complete project, to the lines and grades as shown on the Project Plans, as described in these Special Provisions, and as directed by the Engineer. 19-2.00 Roadway Excavation
In addition to the requirements of Section 19-2 of the State Standard Specifications, the following shall also apply:

Excavated material not reused shall be disposed of in accordance with the provisions of Section 7-1.13, “Disposal of Material Outside the Highway Right of Way” and 16-1.04 “Removal and disposal of Materials”, of the State Standard Specifications.

The Contractor shall do all excavation of whatever substance is encountered to the lines and grades shown on the plans. All material suitable for use as backfill shall be piled in an orderly manner a sufficient distance from the side of the excavation to avoid overloading and to prevent sliding into the excavation. The Contractor shall do such grading as is necessary to prevent surface water from entering the excavation.

Excavations adjacent to the existing roadway shall be closed at the end of each day’s work. At the option of the Contractor, steel cover plates may be used at the end of each workday to cover excavations not backfilled adjacent to the roadway.

Excess excavated material suitable for use elsewhere in the construction may be reused therein. All surplus or unsuitable material with the exception of asphalt grindings shall become the property of the Contractor and shall be removed from the job site to a predetermined disposal site at the Contractor’s expense.

The Contractor shall remove and dispose of all water entering excavations. Disposal of water shall be done in a manner to prevent damage or nuisance to adjacent properties.

Existing asphalt concrete pavement that is to remain intact shall be saw cut in a neat, straight, parallel line.

All pavement damaged during the work shall be cut out in a rectangular pattern and removed and paved.

The maximum lift of backfill material shall depend upon the type of backfill material, relative compaction required, and proposed compaction method to be used, but in no case shall the loose lift thickness of any material exceed 8 inches.

HAZARDOUS MATERIAL DISPOSITION:

During the course of trenching, grading, grinding, or other excavation, should potentially hazardous materials or other questionable materials be encountered, the City’s Resident Engineer shall be contacted immediately.

The Contractor shall mark the site. The City will respond within 24 hours to investigate the site and render an opinion on the questionable materials regarding future action at the site. The intent is to minimize schedule delays to the construction.

SP-20
The City will be responsible for delineating any required exclusions zones, removing and containerizing questionable material, as well as monitoring the work site for compliance with applicable health and safety compliance.

Removed material will be contained in drums, or drop boxes, depending on the volume, and temporarily staged within the fenced area behind the existing building located at the west side of the parking lot. The staging duration will only be long enough to obtain analytical laboratory results and confirm disposition instructions on the material. For each discovery, it is anticipated the material will be staged for less than 30 days.

PAYMENT
The intent of the Roadway Excavation item is to provide a method of payment for areas that are excavated and stabilized by a shallow excavation and deep lift of hot mix asphalt. The roadway excavation quantity shall only be quantity of soil excavated. Hot mix asphalt asphalt shall be paid under the Hot mix asphalt unit price.

The contract unit price paid per cubic yard for Roadway Excavation shall include in the cubic yard price paid for in roadway excavation and the full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in performing roadway excavation complete in place, including excavating, sloping, rounding, loading, hauling, depositing, spreading, compacting and preparing subgrade and dewatering, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

The estimated quantity for “Roadway Excavation” bid item is included in order to establish a unit price per each. The Contractor shall obtain written authorization from the Engineer prior to placement of material.

This contract bid item shall be paid only on the basis of written authorization from the Engineer. The City reserves the right to increase, decrease, or delete this item entirely at the discretion of the Engineer.

Changes in quantity shall be paid at the unit price specified in the Contractors bid, no additional compensation shall be allowed for changes in quantity. No additional compensation shall be due the Contractor in the event this bid item is deleted entirely. 19-2.02 UNSUITABLE MATERIAL
In addition to the requirements of Section 19-2 of the State Standard Specifications, the following shall also apply:

Should unsuitable material be encountered which, in the opinion of the Engineer, cannot be stabilized, the Contractor shall remove the unsuitable material to the dimensions and limits directed by the Engineer. The Contractor shall use extra care in excavating unsuitable materials so as not to aggravate the conditions. If, in the opinion of the Engineer, the Contractor’s methods and equipment are increasing the amount of unsuitable materials to be excavated, the Engineer will require the Contractor to take necessary steps to correct the situation. Should the problem continue, the Contractor shall pay all costs beginning from the time correction steps were last implemented.

When unsuitable material is removed and disposed of, the resulting space shall be filled with material suitable for the planned use. Unsuitable materials shall be removed from the job site and not incorporated into embankments.

The Contractor shall make provisions to replace all material identified as unstuiable prior to placement of hot mix asphalt. Typical treatment for unsuitable base will include excavation of 12” of material, placement of Tensar BX1200 Geogrid or equal, and placement of Class II ab.

The estimated quantity for “Unsuitable Material” is for bidding purposes only and an estimated 500 cubic yards has been included. The quantity can be extended, reduced, or deleted at the discretion of the Engineer, with no change in the unit bid price. If unsuitable material is discovered, the Contractor will notify the Engineer for approval of excavation and backfill. If the Engineer does not approve that the material is unsuitable prior to excavation and backfill, the Contractor will be responsible for the cost of excavation and backfill.

SP-21
The contract unit price paid per cubic yard for Unsuitable Material shall include full compensation for furnishing all labor, materials, tools, equipment, excavation, backfill, aggregate base, compaction, removal and incidentals, and for doing all work involved in constructing Unsuitable Material, complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor

DIVISION V SURFACINGS AND PAVEMENTS
37 BITUMINOUS SEALS
37-3 SLURRY SEALS AND MICRO-SURFACINGS
Replace section 37-3.03 with:
37-3.03 MICRO-SURFACINGS
37-3.03A General
37-3.03A(1) Summary
Section 37-3.03 includes specifications for applying micro-surfacings.

Applying a micro-surfacing shall consist of mixing a polymer modified, cationic micro-surfacing emulsion (MSE), aggregate, mineral filler, set-control additives, and water and spreading the mixture on a pavement surface where shown on the plans, in conformance with the provisions in these Special Provisions and State Revised Standard Specifications, and as directed by the Engineer. 37-3.03B Material
37-3.03B(1) Micro-surfacing Emulsion (MSE)
Micro-surfacing emulsion (MSE) shall be homogenous and shall conform to the provisions of these Special Provisions. The polymer shall be milled or blended into the asphalt or blended into the emulsifier solution prior to the emulsification process.

The MSE shall conform to the following requirements when tested in conformance with the following test methods:

Polymer Modified, Cationic Micro-Surfacing Emulsion (MSE) Specific Designation Test Method Requirement
Viscosity SSF @ 25°C AASHTO T59 15 – 90 seconds
Sieve, max AASHTO T59 0.30 percent
Settlement, 5 days, max ASTM D6930 or AASHTO T59 5 percent Storage Stability, 1 day, max AASHTO T59 1 percent
Residue by Evaporation, min California Test 331 64 percent Specification Designation for Residue
Specific Designation Test Method Requirement
Penetration @ 25°C, 100g, 5s,

0.1 mm
AASHTO T49 40 – 90
Softening Point, min AASHTO T53 61°C
G*, @ 20°C, 10 rad/seca AASHTO T315 Report Only
Phase angle @ 50°C, 10
rad/sec, PA (max) – PA baseb
AASHTO T315 Report Only
Stiffness, @ -12°C, MPa and MvalueAASHTO T315 Report Only Torsional Recovery, % California Test 332 >21%
Polymer Content, % (by weight) California Test 402 >3.5% 25mm plates for the 50°C test.
8mm plates for the 20°C test.

SP-22
37-3.03B(2) Water and Additives
Water shall be of such quality that the asphalt will not separate from the MSE before the micro-surfacing is placed on the pavement. If necessary for workability, a set-control agent that will not adversely affect the micro-surfacing product may be used.
37-3.03B(3) Mineral Filler
Mineral filler shall be Portland cement or hydrated lime that is free of lumps. Portland cement shall be either Type I, Type II, or combination thereof. The type of mineral filler shall be determined by the Contractor based on laboratory mix designs. The mineral filler will be considered part of the aggregate gradation requirement.
37-3.03B(4) Aggregate
The aggregate used for micro-surfacing shall be Type II. The material shall be free from vegetation matter and other deleterious substances. Aggregate shall be free of lumps and oversize particles. The aggregate shall be 100% crushed with no rounded particles, volcanic in origin and black in color. The use of gray or light-colored aggregate shall not be allowed. The Contractor shall specify in the bid proposal the name and location of the black rock aggregate quarry and shall provide certification at the preconstruction conference that the rock was crushed a minimum of 90 days prior. The Contractor shall submit samples of the black rock aggregate to the Engineer for review and acceptance.

Aggregate, prior to the addition of the MSE, shall conform to the provisions of these Special Provisions. If aggregates are blended, each component aggregate shall conform to the Sand Equivalent and Durability Index requirements of these Special Provisions when tested in conformance with the respective California Tests.

The percentage composition by mass of the aggregate (including mineral filler) shall conform to the following grading requirements when tested in conformance with California Test 202:

Type II
Sieve Size Percent Passing
3/8 inch (9.5 mm) 100
#4 (4.75 mm) 94 – 100
#8 (2.36 mm) 65 – 90
#16 (1.18 mm) 40 – 70
#30 (600 µm) 25 – 50
#200 (75 µm) 5 – 15
The aggregate (excluding mineral filler) shall conform to the following quality requirements:

Type II
Test California Test Requirement
Sand Equivalent (min) 217 70
Durability Index (min) 229 75
Percentage of Crushed Particles
(min)1
205 100%
Los Angeles Rattler
Loss at 500 Rev. (max)2
211 35%
1 CT205, Section D, is amended to read: “Any particle having 2 or more freshly, mechanically fractured faces shall be considered a crushed particle.”
2 Los Angeles Rattler shall be performed on the parent aggregate before crushing.

If the results of the aggregate grading do not meet the specified gradation, the micro-surfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice. However, if requested in writing by the Contractor and approved by the Engineer, the micro-surfacing represented by the tests containing a percentage passing (PP) range value +/- 1 in any of the Sieve sizes, but not SP-23
greater than +/-4, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:

Sieve Sizes Percentage
Passing
Allowable
Tolerances
Allowable
Tolerances
Allowable
Tolerances
Allowable
Tolerances
3/8 inch (9.5 mm) 100 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #4 (4.75 mm) 94 – 100 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #8 (2.36 mm) 65 – 90 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #16 (1.18 mm) 40 – 70 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #30 (600 µm) 25 – 50 PP +/- 1 PP +/- 1 PP +/- 1 PP +/- 1 #200 (75 µm) 5 – 15 PP +/- 1 PP +/- 1 PP +/- 1 PP +/- 1 PAYMENT TO CITY $5.00 per ton $7.50 per ton $10.00 per ton $15.00 per ton If the results of the Sand Equivalent test for aggregate do not meet the specified requirement, the microsurfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice.

However, if requested in writing by the Contractor and approved by the Engineer, the Micro-surfacing represented by the tests containing a sand equivalent Value below 70, but not less than 65, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:

Sand Equivalent Payment to City
70 or over NONE
68 – 69 $5.00 per ton
66 – 67 $7.50 per ton
65 $10.00 per ton
If the results of the Durability Index test for aggregate do not meet the specified requirement, the microsurfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice.

However, if requested in writing by the Contractor and approved by the Engineer, the micro-surfacing represented by the tests containing a durability index value below 75, but not less than 70, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:

Durability Index Payment to City
75 or over NONE
73 – 74 $5.00 per ton
71 – 72 $7.50 per ton
70 $10.00 per ton
When the results of 2 or all 3 of the aggregate grading, the Sand Equivalent, and Durability Index tests do not conform to the specified requirements, both or all three payments to the City shall apply. The City shall deduct these amounts from any moneys due or to become due to the Contractor.

Any progress payment made after the completion date shall not be construed as a waiver of material deductions.

No single aggregate grading, durability index or Sand Equivalent test shall represent more than 300 tons or one day's production, whichever is smaller.
37-3.03B(4)(a) Aggregate for Rut filling
Micro-surfacing (Type III) shall be used for rut filling and shall conform to these Special Provisions.

The aggregate used for Type III shall be grey rock aggregate. The grey rock aggregate shall be 100% crushed with no rounded particles. The material shall be free from vegetation and other deleterious SP-24
substances. The Contractor shall submit samples and test results of the grey rock aggregate to the Engineer for review and acceptance.

The percentage composition by mass of the aggregate (including mineral filler) shall conform to the following grading requirements when tested in conformance with California Test 202:

Type III
Sieve Size Percent Passing
3/8 inch (9.5 mm) 100
#4 (4.75 mm) 70 – 90
#8 (2.36 mm) 45 – 70
#16 (1.18 mm) 28 – 50
#30 (600 µm) 19 – 34
#200 (75 µm) 5 – 15
The aggregate (excluding mineral filler) shall conform to the following quality requirements:

Type III
Test California Test Requirement
Sand Equivalent (min) 217 70
Durability Index (min) 229 70
Percentage of Crushed Particles
(min)1
205 100%
Los Angeles Rattler
Loss at 500 Rev. (max)2
211 35%
1 CT205, Section D, is amended to read: “Any particle having 2 or more freshly, mechanically fractured faces shall be considered a crushed particle.”
2 Los Angeles Rattler shall be performed on the parent aggregate before crushing.

If the results of the aggregate grading do not meet the specified gradation, the micro-surfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice. However, if requested in writing by the Contractor and approved by the Engineer, the micro-surfacing represented by the tests containing a percentage passing (PP) range value +/- 1 in any of the Sieve sizes, but not greater than +/-4, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:

Sieve Sizes Percentage
Passing
Allowable
Tolerances
Allowable
Tolerances
Allowable
Tolerances
Allowable
Tolerances
3/8 inch (9.5 mm) 100 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #4 (4.75 mm) 70 – 90 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #8 (2.36 mm) 45 – 70 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #16 (1.18 mm) 28 – 50 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #30 (600 µm) 19 – 34 PP +/- 1 PP +/- 1 PP +/- 1 PP +/- 1 #200 (75 µm) 5 – 15 PP +/- 1 PP +/- 1 PP +/- 1 PP +/- 1 PAYMENT TO CITY $5.00 per ton $7.50 per ton $10.00 per ton $15.00 per ton If the results of the Sand Equivalent test for aggregate do not meet the specified requirement, the microsurfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice.

However, if requested in writing by the Contractor and approved by the Engineer, the micro-surfacing SP-25
represented by the tests containing a sand equivalent Value below 70, but not less than 65, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:

However, if requested in writing by the Contractor and approved by the Engineer, the micro-surfacing represented by the tests containing a durability index value below 70, but not less than 65, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:

Any progress payment made after the completion date shall not be construed as a waiver of material deductions.

No single aggregate grading, durability index, or Sand Equivalent test shall represent more than 300 tons or one day's production, whichever is smaller.
37-3.03B(5) Mix Design
At least 7 working days before the micro-surfacing placement commences, the Contractor shall submit for approval of the Engineer a laboratory report of tests and a proposed mix design covering the specific materials proposed for use on the project.

The percentages of each individual material proposed in the mix design shall be shown in the laboratory report. Individual materials shall be within the following limits:

Micro-surfacing Mix Design
Material Proportion Limits
Residual Asphalt 7.5% to 10.5% by dry mass of
aggregate
Mineral Filler 0% to 3% by dry mass of aggregate
Additive As needed
Water As needed
Adjustments may be required during construction based on field conditions.

The mix design and aggregate tests shall be performed by a laboratory capable of performing the applicable International Slurry Surfacing Association (ISSA) tests. The proposed micro-surfacing mixture shall conform to the specified requirements when tested in conformance with the following tests:

SP-26
Test ISSA Test Method Requirements
Wet Cohesion
@ 30 minute (Set) (min)
@ 60 minute (Traffic) (min)
TB* 139
12 kg-cm
20 kg-cm
Excess Asphalt TB* 109 540 g/m2
Wet Stripping (min) TB* 114 90%
TB* = Technical Bulletin
Test ISSA Test Method Requirements
Wet Track Abrasion
6-day soak loss (max)
1-hour soak
TB* 100
810 g/m2
538 g/m2
Displacement
Lateral (max)
Specific Gravity after 1000
cycles of 56.8 kg (max)
TB* 147A
5%

2.10 Classification Compatibility TB* 144 (AAA, BAA) 11 Grade Points Mix Time @ 25°C TB* 113 Controllable to 120 seconds
TB* = Technical Bulletin
The laboratory that performed the tests and designed the mixture shall sign the laboratory report. The report shall show the results of the tests on individual materials and shall compare their values to those required by these Special Provisions. The report shall clearly show the proportions of aggregate, filler (minimum and maximum), water (minimum and maximum), set control additive, and MSE solids content (minimum and maximum) based on the dry mass of aggregate. The laboratory shall report the quantitative effects of moisture content on the unit mass of the aggregate (bulking effect) in conformance with the requirements of ASTM Designation C 29M. Previous laboratory reports covering the same materials may be accepted provided the material test reports were completed within the previous 12 months. The mix design shall further show the recommended changes in mineral filler, water, and additive proportions for high temperature weather conditions by reporting proportions of materials required for 60 seconds of mix time with materials heated to 100°F. This 100°F mixing report will not be required for projects requiring nighttime application.

The component materials used in the mix design shall be representative of the micro-surfacing materials proposed by the Contractor for use on the project.

Once the mix design is approved by the Engineer, no substitution of other material will be permitted unless the materials proposed for substitution are first tested and a laboratory report is submitted for the substituted design in conformance with the provisions of these Special Provisions. Substituted materials shall not be used until the mix design for those materials has been approved by the Engineer.

The completed mixture, after addition of water and set control agent, if used, shall be such that the microsurfacing mixture has proper workability. At the expiration of the road closure hours, in conformance with the provisions in these Special Provisions, the micro-surfacing mixture shall be sufficiently cured to support unrestricted traffic.
37-3.03C Construction
37-3.03C(1) Surface Preparation
Before placing the micro-surfacing, the pavement surface shall be cleaned by sweeping, flushing or by other means necessary to remove loose particles of paving, dirt, vegetation, and other extraneous material. When required, the roadway surface may be fogged with water ahead of the spreader box. The application of the fog spray may be adjusted to suit temperatures, surface texture, humidity and dryness of pavement.

SP-27
37-3.03C(2) Weather Conditions
The micro-surfacing mixture shall not be placed when the ambient temperature is below 50°F or during unsuitable weather. Micro-surfacing shall not be placed if rain is imminent or if there is the possibility that there will be freezing temperatures within 24 hours.
37-3.03C(3) Equipment
37-3.03C(3)(a) General
The equipment used by the Contractor for pavement cleaning and excess aggregate removal shall include a self-propelled rotary power broom, mobile pick-up broom or top dumping mobile pick-up broom. 37-3.03C(3)(b) Mixing and Spreading Equipment
The micro-surfacing shall be mixed in continuous pugmill mixers of adequate size and power for the type of micro-surfacing to be placed. All indicators shall be in conformance with the provisions of these Special Provisions and shall be in working order prior to commencing mixing and spreading operations.

Mixer-spreader trucks shall be equipped to proportion the MSE, water, aggregate, mineral filler, and setcontrol additives by volume. Rotating and reciprocating equipment on mixer-spreader trucks shall be covered with metal guards.

The mixer-spreader truck shall not be operated unless low-flow and no-flow devices and revolution counters are in good working condition and functioning and metal guards are in place. Indicators required by these Special Provisions shall be visible while walking alongside the mixer-spreader truck.

Aggregate feeders shall be connected directly to the drive on the emulsion pump. The drive shaft of the aggregate feeder shall be equipped with a revolution counter reading to the nearest one-tenth of a revolution.

In addition to the requirements of the fourth paragraph of section 5-1.33, “Equipment,” of the State Standard Specifications, the identifying number of mixer-spreader trucks shall be at least 3 inches in height, located on the front and rear of the vehicle.

The micro-surfacing mixture shall be spread by means of a spreader box conforming to sections 37-

3.03C(3)(b)(i) and 37-3.03C(3)(b)(ii).
37-3.03C(3)(b)(i) Spreader Box
The mixture shall be agitated and spread uniformly in the surfacing box by means of motor driven twinshafted paddles or spiral augers fixed in the spreader box. A front seal shall be provided to insure no loss of the mixture at the road contact point. The rear seal shall act as a final strike-off and shall be adjustable. The spreader box and rear strike-off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike-off. The spreader box shall have suitable means provided to side shift the box to compensate for variations in the pavement geometry, the box shall be adjustable. Spreader box skids shall be maintained in such manner as to prevent chatter (wash boarding) in the finished mat. The spreader box in use shall be clean and free of micro-surfacing and MSE at the start of each work shift.

The spreader box shall have a series of strike-off devices at the rear of the box. The leading strike-off device shall be fabricated of steel, stiff rubber or other suitable material. The number of strike-off devices shall be determined by the Contractor. The first strike-off device shall be designed to maintain close contact with the pavement during the spreading operations, shall obtain the thickness required, and shall be capable of being adjusted to the various pavement cross sections for application of a uniform microsurfacing finished surface. The final strike-off device shall be fabricated of flexible material suitable for the intended use and shall be designed and operated to ensure a uniform texture is achieved in the finished surface of the micro-surfacing. The final strike-off device shall be cleaned or changed daily if problems with longitudinal scouring occur.

Flexible fabric drags attached to the rear of the spreader box shall not be used.

SP-28
37-3.03C(3)(b)(ii) Wheel Path Depression (Rut) Box
The wheel path depression (rut) box shall be designed to have adjustable strike-off devices to regulate the depth and shall have a width of between 5 feet and 6 feet. Hydraulic augers, or similar devices, shall be installed and shall be capable of moving the mixed material from the rear to the front of the filling chamber. These devices shall also be capable of guiding the larger aggregate into the center, deeper section of the wheel path depression, and forcing the finer material toward the outer edges of the spreader box.

The micro-surfacing mixture, to be spread in areas inaccessible to the controlled spreader box, may be spread by other methods upon approval of the Engineer.

Flexible fabric drags attached to the rear of the wheel path depression (rut) box shall not be used. 37-3.03C(3)(c) Mixer and Spreader Truck Calibration
Each mixer/spreader truck used on the project shall be calibrated in accordance with California Test 109.

The trucks shall be calibrated for rock, emulsion, cement, additives, and any mineral filler used.

Calibrations shall take place a maximum of 10 days prior to application of micro-surfacing. The Contractor shall notify the Engineer a minimum of 3 working days prior to calibration so that City representatives may make arrangements to observe.

For all material calibrated, 3 consecutive runs per gate setting shall be completed and these 3 test runs must not deviate from their combined mathematical average by more than 2.0%.

Calibrations will take place at most once a week or as required by the Engineer and no machine will be allowed to work on the project until the calibration has been completed and/or accepted 3 working days before the start of work. Weigh back tickets shall be submitted at the end of each work day that microsurfacing is placed. 37-3.03C(4) Proportioning
Aggregate, mineral filler, MSE, water, and additives, including the set-control agent, if used, shall be proportioned by volume utilizing the mix design approved by the Engineer. If more than 1 kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately, prior to adding the other materials of the mixture, in a manner that will result in a uniform and homogeneous blend.

The aggregate shall be proportioned using a belt feeder operated with an adjustable cutoff gate. The height of the gate opening shall be determinable. The MSE shall be proportioned by a positive displacement pump. Variable rate emulsion pumps, if used, shall be calibrated and sealed in the pump's calibrated condition in conformance with California Test 109 prior to usage.

The delivery rate of aggregate and MSE per revolution of the aggregate feeder shall be calibrated at the appropriate gate settings for each mixer-spreader truck used on the project in conformance with California Test 109 and in conformance with the provisions of these Special Provisions.

The aggregate belt feeder shall deliver aggregate to the pugmill with such volumetric consistency that the deviation for any individual aggregate delivery rate check-run shall not exceed 2.0 percent of the mathematical average of 3 runs of at least 3 tons each. The emulsion pump shall deliver MSE to the pugmill with such volumetric consistency that the deviation for any individual delivery rate check-run shall be within 2.0 percent of the mathematical average of 3 runs of at least 300 gallons each. The water pump shall deliver water to the pugmill with such volumetric consistency that the deviation for any individual delivery rate check-run shall be within 2.0 percent of the mathematical average of 3 runs of at least 300 gallons each.

The MSE storage tank shall be located immediately before the emulsion pump and shall be equipped with a device which will automatically shut down the power to the emulsion pump and aggregate belt feeder when the MSE level is lowered to a point where the pump suction line is exposed.

A temperature-indicating device shall be installed in the emulsion storage tank at the pump suction level.

The device shall indicate the temperature of the MSE and shall be accurate to within 10°F.

SP-29
The belt delivering the aggregate to the pugmill shall be equipped with a device to monitor the depth of aggregate being delivered to the pugmill. The device for monitoring the depth of aggregate shall automatically shut down the power to the aggregate belt feeder whenever the depth of aggregate is less than the target depth of flow. A second device shall be located where the device will monitor the movement of the aggregate belt by detecting revolutions of the belt feeder. The devices for monitoring no flow or belt movement shall automatically shut down the power to the aggregate belt when the aggregate belt movement is interrupted. The device to detect revolutions of the belt feeder will not be required where the aggregate delivery belt is an integral part of the drive chain. To avoid erroneous shutdown by normal fluctuation, a delay of 3 seconds will be permitted between sensing and shutdown of the operation.
37-3.03C(5) Application Rate of Aggregate
Micro-surfacing spread rates must be within the ranges shown on the following table:

Micro-surfacing Type Application Range
(lb of dry aggregate/sqyd)
Type II 15 – 18
Type III 20 – 30
The micro-surfacing mixture shall be uniformly spread on the existing surfacing within the rate specified without spotting, re-handling, or otherwise shifting of the mixture. 37-3.03C(6) Repair Wheel Path Depressions
When wheel path depressions have a cross section that is deformed 1/2 inch or more, the individual wheel paths shall first be filled utilizing a wheel path depression (rut) box. The depth of the wheel path depression shall be determined after the adjacent ridges have been removed, when applicable. The maximum single application for wheel path depressions shall be 1 inch. Wheel path depressions of depths greater than 1 inch shall require multiple applications in each depression. A pneumatic tired roller shall be used after all rut filling operations. The roller shall make 2 passes at slow speed no more than 7 mph. Wheel path depressions having a cross section greater than 1/2 inch and less than 1 inch shall be paid for under the contract bid item “Micro-surfacing (Type III)”.

Wheel path depression repair shall be constructed with a slight crown to allow for initial compaction by traffic on the micro-surfacing.

Freshly filled wheel path depressions shall be compacted by traffic for a minimum of 12 hours before additional lifts of micro-surfacing material are placed for rut filling purposes or as surface courses. 37-3.03C(7) Placement
Micro-surfacing shall be placed no earlier than 7 calendar days after Chip Seal operation on roads to receive the Roseville Cape Seal as shown on the plans.

Longitudinal joints shall correspond with the edges of the traffic lanes. The Engineer may permit other patterns of longitudinal joints if the patterns will not adversely affect the quality of the finished product, this shall be required for approval in writing 5 working days prior to the start of work.

Through traffic lanes shall be spread in full lane widths only. Longitudinal joints common to 2 traffic lanes shall be butt joints with overlaps not to exceed 3 inches. Building paper shall be placed at the transverse joints to avoid double placement of the micro-surfacing. Other suitable methods to avoid double placement of the micro-surfacing will be allowed. Hand tools shall be available to remove spillage.

The mixture shall be uniform and homogeneous after placing on the surfacing and shall not show separation of the MSE and aggregate after setting. The completed surface shall be of uniform texture and free from ruts, humps, depressions, or irregularities.

SP-30
Adequate means shall be provided to protect the micro-surfacing from damage by traffic until such time that the mixture has cured sufficiently so that the micro-surfacing will not adhere to or be picked up by the tires of vehicles.

If the micro-surfacing is not capable of supporting unrestricted traffic at the expiration of the road closure hours, the Contractor shall pay the liquidated damaged per the provisions of these Special Provisions.

Placement of the micro-surfacing shall cease before the expiration of road closure hours as specified in these Special Provisions.
37-3.03C(8) Sweeping
Initial sweeping shall begin 1 day after the micro-surfacing placement. Care shall be taken to avoid unraveling the micro-surfacing. Excessive sweeping will not be allowed.

Seven sweepings shall be considered as included in the contract price paid for micro-surfacing. The first sweeping shall be performed the day after the application is applied. The second sweeping shall be performed 3 days after the micro-surfacing application is applied. The third sweeping shall be performed 5 days after the micro-surfacing application is applied. The forth sweeping shall be performed 7 days after the micro-surfacing is applied. The fifth sweeping shall be performed 10 days after the micro-surfacing is applied. The sixth sweeping shall be performed 15 days after the micro-surfacing is applied. The seventh sweeping shall be performed during the punch list process.

Prior to each sweeping, the Contractor shall contact the Engineer with the street’s sweeping schedule.

After sweeping takes place, the Contractor shall contact the Engineer for acceptance of the street sweeping.

If the sweeping is not done to the schedule listed above, the Contractor shall pay the liquidated damaged per the provisions of these Special Provisions.

The Contractor shall remove all loose aggregate from the curbs, gutters, driveways, and sidewalks prior to sweeping the roadway surface. The Contractor will be responsible to sweep abutting adjacent areas and haul routes. The Contractor shall have 1 working day to sweep the adjacent areas and haul route when requested in writing by the Engineer.

The Contractor shall sweep the micro-surfaced streets and adjacent areas with a self-propelled vacuum or regenerative air sweeper. Any additional sweepings required to remove excess material shall be performed as directed by the Engineer at no additional expense to the City.

If rain is anticipated on sweeping days, the contractor shall re-schedule sweeping and notify the Engineer of the rescheduled date.
37-3.03C(9) Test Strip
The Contractor shall construct a test strip for evaluation by the Engineer 10 working days prior to the micro-surfacing application. The test strip shall be 500 feet to 1000 feet long and shall consist of the application courses specified. The test strip shall be constructed at the same time of day or night that the full production of micro-surfacing will be placed and may be constructed in 2 days or nights when multiple course applications are specified. The location of the test strip shall be specified by the City. The crew utilized to place the test strip shall be same as the crew that places microsurfacing for the remainder of the project.

The micro-surfacing test strip shall have a break time and shall be able to be open to cross traffic no greater than 1 hour after the micro-surfacing is placed. This time will be reflected on the global projects break time and capability of being open to cross traffic. The global project shall have this break time and shall be able to be open to cross traffic no greater than 1 hour after placement of the micro-surfacing. If the test strip does not meet this requirement the test strip will be rejected and shall be removed at the Contractors expense.

The Engineer will evaluate the completed test strip after 12 hours of traffic on the completed test strip to determine if the mix design and placement procedure are acceptable. If the mix design or the placement procedure is determined by the Engineer to be unacceptable, the test strip will be rejected, the Contractor SP-31
shall make modifications, and a new test strip shall be constructed and evaluated by the Engineer. The cost of materials and placement of the test strips, which have been rejected, shall be borne by the Contractor and will not be considered as part of the contract work. If ordered by the Engineer, rejected test strips shall be removed at the Contractors expense. 37-3.03C(10) Repair of Early Distress
If bleeding, raveling, delamination, rutting, or washboarding occurs within 60 days after placing the microsurfacing, the Contractor shall diligently pursue repairs by any method approved by the Engineer. The Contractor shall not be relieved from maintenance until repairs have been completed. 37-3.03D Payment
The payment quantity for micro-surfacing bid items paid for by weight is the weight determined by combining the weights of the aggregate and micro-surfacing emulsion. The payment quantity for microsurfacing does not include the weights of added water, mineral filler, and additives.

Weight shall be determined from calibrations and revolutions per day and verified with weight back tickets. The revolutions for each truck shall be submitted to the construction inspector prior to the start of work and the final revolution count shall be submitted to the construction inspector at the end of the day for every day micro-surfacing is applied, work shall not be permitted until these requirements are met.

All weight tickets including aggregate and emulsion tickets shall be turned in on a daily basis. For materials that is stockpiled prior to the start of the project, those tickets are required on a daily basis and at the end of the business day. In that case, upon project completion, weight back tickets are required for the emulsion and leftover stockpile aggregate shall be deducted and removed.

Full compensation for conforming to all requirements specified in section 37-3.03, “Micro-Surfacings” shall be considered as included in the contract unit price paid per ton for “Micro-Surfacing (Type II)”.

The Contractor shall use a spread rate of 17 pounds of dry aggregate per square yard to determine the contract bid item for “Micro-surfacing Type II”.

Replace 37-7 RESERVED of the RSS with: 37-7 HIGH FRICTION SURFACE TREATMENT 37-7.01 General
37-7.01A Summary
Section 37-7 includes specifications for applying high friction surface treatment (HFST).

Applying HFST consists of spreading resin binder and calcined bauxite aggregate on asphalt concrete, polyester concrete, concrete surfaces, or other surfaces.

Apply HFST by a truck mounted machine or by hand on areas less than 200 square yards. The Department is aware of at least one automated continuous application method and equipment that is allegedly covered by United States Patents 9,109,332 and 9,115,473. 37-7.01B Definitions
batch: A specific quantity of material of homogenous composition that can be unambiguously identified, manufactured in a single operation or a series of operations according to a well-defined process. resin binder: A modified epoxy or polyester resin binder used to bond a surface applied aggregate to an asphalt or concrete surface.
prime coat: A resin that is used to fill cracks and voids in existing surface that is compatible with resin binder.
37-7.01C Submittas 37-7.01C(1) General
Submit the names of your proposed independent laboratories that will perform QC testing.

SP-32
Submit a certificate of compliance and certified test results for the resin binder and calcined bauxite aggregate. Test results must be from tests performed within 90 days from the date of submittal and must have been performed by an independent laboratory.

Submit a SDS for the resin binder and its components.
37-7.01C(2) Quality Control Plan
Submit a QC plan that must be project specific and includes:

1. Surface preparation methods for areas where HFST is to be placed

2. Method of protecting areas and exposed facilities not to receive HFST

3. Method of protecting and reestablishing existing longitudinal and transverse joints and working cracks in concrete pavements and structures

4. Type of resin binder to be used

5. Resin binder manufacturer’s recommended mixing and placement instructions, including mixing ratios and temperatures

6. Resin binder manufacturer’s estimated cure times for resin binder to be used

7. Method for safe storage and handling of HFST components

8. Disposal methods for excess HFST and containers for HFST components

9. Contingency plan that describes corrective actions you will take in the event of equipment failure or material issues during HFST placement
Submit QC test results for the quality characteristics within the reporting time allowance, after sampling, shown in the following table:

Quality Control Test Result Reporting
Quality characteristic Test Method Maximum reporting time allowance
Los Angeles rattler loss at 100
revolutions
California Test 211 2 business Days
Aggregate moisture content California Test 226 2 business Days Aggregate magnesium soundness ASTM C88 7 Days
Aluminum oxide content ASTM C25 5 Days
Gradation California Test 202 1 business Day
Polish stone value ASTM D3319 7 Days
Aggregate acid insolubility ASTM D3042 7 Days
Resin binder spread rate Calculated based on
amount of materials used 1 business Day
Viscosity ASTM D2196 2 business Days
Elongation at break point ASTM D638 2 business Days
Ultimate tensile strength ASTM D638 2 business Days
Cure rate ASTM D1640 1 business Day
Gel time ASTM C881 1 business Day
Adhesive strength at 24 hours ASTM C1583 2 business Days Coefficient of friction before opening
to traffic
ASTM E1911 Same day of testing and
before opening to
traffic
Coefficient of friction 7-15 days after
opening to traffic
ASTM E1911 1 business Day after testing
37-7.01D Quality Assurance 37-7.01D(1) General
Not Used
37-7.01D(2) Preconstruction Meeting
SP-33
Schedule a preconstruction meeting with the engineer at a mutually agreed time and place. Make the arrangements for the meeting facility. Before the start of the trial HFST, hold the meeting with the Engineer and your (or applicable personnel):

1. Project Manager

2. QC Manager

3. Project Superintendent

4. Project Foreman

5. Traffic Control Foreman

6. Subcontractors’ Foreman

7. Resin Supplier Technical Representative
Meeting attendees must sign an attendance sheet provided by the Engineer. The Engineer retains the attendance sheet.

Discuss the project specifications and the processes for producing materials and constructing each item of work, including:

1. Quality assurance QC plan

1.1 Quality control

1.2 Acceptance criteria

2. Placement of materials:

2.1 Trial HFST requirements

2.2 Application rates

2.3 Binder resin mixing methods and equipment

2.4 HFST application methods and equipment

3. Contingency plan

4. Issues specific to the project, including:

4.1 Weather

4.2 Alignment and geometrics

4.3 Traffic control issues
Do not place trial HFST, or start production work until the listed personnel have attended the meeting, 37-7.01D(3) Quality Control 37-7.01D(3)(a) General
Perform QC testing for trial HFST and production work. QC testing except coefficient of friction testing must be performed by independent laboratories.
37-7.01D(3)(b) HFST
Perform sampling and testing at the specified frequency and sampling location for the following quality characteristics:

Calcined Bauxite Quality Control Requirements
Quality characteristic Test method Minimum sampling
and testing frequency
Location of Sampling
Los Angeles rattler
loss at 100 revolutions
California Test
211
1st day of production Point of application or
stockpile
Aggregate moisture content California Test 226 1 per shift Point of application or stockpile
Aluminum oxide content ASTM C25 1st day of production Point of application or stockpile
Gradation California Test 202 1st day of production Point of application or stockpile
Resin Binder Quality Control Requirements
SP-34
Quality characteristic Test method Minimum sampling
and testing frequency
Location of Sampling
Viscosity ASTM D2196 1 per batch Point of application
Elongation at break point ASTM D638 1 per batch Point of application Ultimate tensile strength ASTM D638 1 per batch Point of application Cure rate ASTM D1640 1 per batch Point of application
Gel time ASTM C881 1 per batch Point of application
Adhesive strength at 24 hours ASTM C1583 1 per batch Point of application HFST Quality Control Requirements
Quality characteristic Test method Minimum sampling and testing frequency
Location of Sampling
Resin binder spread
rate
Calculated based
on amount of
materials used
1 per Day Point of application
Coefficient of friction
before opening to
traffic
ASTM E1911 Minimum of 1 every
500 fta
Alternate between
wheel paths
Coefficient of friction
7-15 days after
opening to traffic
ASTM E1911 Minimum of 1 every
500 fta
Alternate between
wheel paths
aFor application lengths <500 ft, test at every 200 ft interval 37-7.01D(4) Department Acceptance
The Department accepts HFST based on:

1. Visual inspection for the following:

1.1. Uniform surface texture

1.2. Raveling, which consists of the separation of the aggregate from the resin binder

1.3. Streaking, which consists of alternating longitudinal bands of resin binder without uniform calcined bauxite aggregate retention, approximately parallel with the lane line

1.4. Flushing, which consists of resin binder without or fully embedded calcined bauxiteaggregate

2. The Department’s sampling and testing of calcined bauxite aggregate for compliance with the requirements shown in the following table:

Calcined Bauxite Aggregate Acceptance Criteria
Quality characteristic Test method Requirement
Los Angeles rattler loss at 100 revolutionsa
(max, %) California Test 211 10
Aggregate moisture content (max, %) California Test 226 0.2 Sand equivalent (min) California Test 217 95
Gradation ( % passing by weight)
Sieve size:

No. 4(min) California Test 202 100
No. 6(min) 95
No. 16(max) 5
aUse grading D from Table 1.

3. The Department’s sampling and testing of resin binder for compliance with the requirements SP-35
shown in the following table:

Resin Binder Acceptance Criteria
Quality characteristic Test method Requirement
Viscosity (centipoise) no. 2 spindle, 10 RPM ASTM D2196 1,000 - 3,000 Cure rate (max, hrs)
Specimen, 0.05 inch thick, Method A, Dry-Through
Time
ASTM D1640 3
Gel time (minutes) ASTM C881 10-30
Elongation at break point (min, %) Type I specimen, ASTM D638 30 Ultimate tensile strength (min, psi) Type I specimen, ASTM D638 2,650 Adhesive strength (psi) ASTM C1583 250 or 100%
substrate failure

4. The Department’s sampling and testing for HFST for compliance with the requirements shown in the following table:

HFST Acceptance Criteria
Quality Characteristic Test Method Requirement
Coefficient of friction at 60 km/h before opening to
traffic
ASTM E1911 0.75a
Coefficient of friction at 60 km/h 7-15 days after
opening to traffic
ASTM E1911 0.75a
a Report coefficient of friction values at 20 km/h, 40 km/h, 80 km/h.

Areas of raveling, streaking and flushing that are greater than 0.25 sq ft are considered defective and must be repaired at your own cost. These must be removed and replaced, and must confirm to the maximum lateral dimensions of the defective area.

Perform coefficient of friction calibration and testing in the presence of the Engineer. Notify the Engineer at least 48 hours before coefficient of friction testing. 37-7.01D(5) Trial HFST Application
Do not begin trial HFST until authorized.

Complete a trial of HFST application at an authorized location before starting production work. Resin binder manufacturer's representative must be present during the trial application.

Remove pavement markers, delineation, and otherwise prepare area to receive HFST to the standards as described in this section, for the lane and length involved, before placing the resin binder.

The trial HFST application must:

1. Be at least 12 feet wide and 20 feet long.

2. Be constructed using the same method and equipment as the production work. Construct an additional trial for each method proposed for the production work.

3. Replicate field conditions, including ambient and surface temperatures, anticipated for production work.

4. Demonstrate surface preparation requirements as outlined in the QC plan.

5. Document the area of application, quantities of resin binder and aggregate with a data management system capable of reporting coverage rates and thickness of the resin binder system after applying the HFST. Calculate and report HFST application rate.

SP-36

6. Determine the initial set time for the resin binder.

7. Test the coefficient of friction using ASTM E1911 at 20 km/h, 40km/h, 60 km/h and 80 km/h on the HFST. If the coefficient of friction at 60 km/h speed is below 0.75, correct or replace the HFST until the coefficient of friction is greater than or equal to 0.75. 37-7.02 MATERIALS
37-7.02A General
Not Used
37-7.02B Prime Coat
Prime coat must be high-molecular-weight methacrylate resin complying with section 60-3.03B(2) except:

1. Methacrylate resin must be free of wax

2. Tack-free time requirements do not apply
Friction testing is not required for the resin prime coat 37-7.02C Resin Binder
Resin binder must meet the requirements shown in the following table:

Resin Binder Requirements
Quality characteristic Test method Requirement
Viscosity (centipoises) no. 2 spindle, 10 RPMb ASTM D2196 1,000 - 3,000 Cure rate (max, hrs)
Specimen, 0.05 inch thick, Method A, Dry-Through
Time
ASTM D1640 3
Gel time (minutes) ASTM C881 10-30
Elongation at break point (min, %) Type I specimen, ASTM D638 30 Ultimate tensile strength (min, psi) Type I specimen, ASTM D638 2,650 Compressive strength (min, psi at 3 hours) ASTM C579 1,000 Water absorption (max, %) ASTM D570 1.0
Durometer hardness (Shore D) ASTM D2240 65-75
Styrene contenta (% by weight) ASTM D2369 30-40
aFor polyester resin binder only. Perform test before adding initiator. 37-7.02D Calcined Bauxite Aggregate
Calcined bauxite aggregate must be clean, dry, and free from clay and any other deleterious matter and meet the requirements shown in the following table:

Calcined Bauxite Aggregate Requirements
Quality characteristic Test method Requirement
Los Angeles rattler loss at 100
revolutionsa (max, %) California Test 211 10
Aggregate moisture content (max, %) California Test 226 0.2 Sand equivalent (min) California Test 217 95
Polish stone value (min) ASTM D3319 38
Aluminum oxide content (min, %) ASTM C25 87
Gradation (% passing by weight)
Sieve size:

No. 4 California Test 202 100
No. 6 95
SP-37
No. 16 5
aUse grading D from Table 1.
.
37-7.03 CONSTRUCTION
37-7.03A General
Do not begin HFST production work until authorized after successful completion of the trial HFST. 37-7.03B Surface Preparation 37-7.03B(1) General
Protect utilities, utility covers, drainage structures, curbs and other structures within or adjacent to treatment location from HFST materials using methods outlined in the QC plan.

Protect existing transverse and longitudinal joints, and working cracks in concrete pavement and structures by taping or other approved method to prevent intrusion of HFST resin and aggregate into the joints and working cracks.

Surfaces must be clean, dry, and free of any dust, oil, debris, organic matter, or any material that may interfere with the bond between resin binder and existing surfaces. 37-7.03B(2) Asphalt Pavement Surfaces
Perform the following before applying resin binder:

1. Remove pavement markers and delineation to a maximum depth of 0.01 foot from the area receiving HFST

2. Sweep the pavement surface

3. Blow the surface clean with pressurized air using a minimum 150 cfm compressor fitted with an air lance

4. Clean cracks greater than 0.25 inch wide with pressurized air and pretreat with mixed resin binder.
37-7.03B(3) Concrete Structures Surfaces
Perform the following activities in the order listed before applying resin binder:

1. Abrasive blast the surface with steel shot

2. Sweep the surface clean

3. Blow the surface clean with pressurized air

4. Pretreat and seal cracks under section 41-3
Steel shot used for abrasive blast must comply with SSPC-AB3 and recycled steel shot must comply with SSPC-AB2. The surface must be dry when abrasive blasting is performed. All laitance, contaminants, paint, markers, foreign material, etc., must be removed from the surface.

If the concrete structures surface becomes contaminated before placing the HFST treatment, abrasive blast clean the contaminated area, sweep and blow the surface clean. 37-7.03C HFST Application 37-7.03C(1) General
Utilize one of the following methods to apply the resin binder and aggregate wearing course, under manufacturer’s recommendations:

1. Automated continuous application

2. Hand mixing and application
Hand mixing must not be used on areas greater than 200 square yards.

Apply mixed resin binder under resin binder manufacturer’s recommendations.

Do not apply resin binder on wet or damp surfaces. Asphalt concrete pavement surface must be greater SP-38
than 30 days old before applying HFST.

For concrete structures surfaces, if polyester resin binder is the resin binder being used, comply with section 60-3.04 for the application of a prime coat of methacrylate resin before placing polyester resin binder. Aggregate requirements in section 60-3.04 for polyester concrete overlay do not apply.

Do not apply HFST when the ambient temperature is below 50 degrees F for epoxy type resin binders and 45 degrees F for other resin binders. Do not apply HFST when the ambient temperature is above 100 degrees F.

Spread resin binder at a minimum rate of 0.32 gal/sq yd to one lane width at a time. Narrower application widths are allowed as determined by the engineer.

Do not allow the mixed resin binder to do any of the following that may impair retention and bonding of aggregate:

1. Separate

2. Cure

3. Dry

4. Be exposed

5. Harden
Do not contaminate the exposed uncured mixed resin binder. Replace contaminated areas of resin binder.

Spread aggregate until refusal within 3 minutes of resin binder application.

Cure HFST for a minimum period recommended by the resin binder supplier. During curing period do not allow vehicles, construction equipment, or foot traffic on the HFST.

HFST that has not completely cured is considered nonperforming and must be removed and replaced before opening to traffic.

Re-establish existing transverse and longitudinal joints, and working cracks in concrete pavement and structures by sawing or isolating the full depth of HFST, without damaging the joint or crack seal below, before opening to traffic. Match the width and location of the existing joints and working cracks in the concrete pavement within a tolerance of ±1/4 of an inch.

Longitudinal joints shall correspond with the edges of the traffic lanes on asphalt roadways. The Engineer may permit other patterns of longitudinal joints if the patterns will not adversely affect the quality of the finished product, this shall be required for approval in writing 5 working days prior to the start of work. 37-7.03C(2) Automated Continuous Application
Automated continuous application must be performed by an approved self-propelled truck-mounted application machine capable of continuously and thoroughly mixing resin binder components to the ratio recommended by the manufacturer (+/- 2 percent by volume). The machine will include an aggregate drop spreader capable of mechanically and continuously spreading calcined bauxite aggregate.

The applicator vehicle must be equipped with a built-in data management unit which is capable of producing real time data flow showing:

1. The volume of resin

2. The resin mil thickness on average throughout the application width

3. The volume of aggregate applied throughout the application width The binder must be continuously applied once blended. The application vehicle must be capable of applying the minimum binder spread rate. Clean the mix head and delivery lines if application of the mixed resin is stopped for more than 30 minutes.

SP-39
The high friction aggregate must be applied by the same automated continuous application vehicle that applies the resin binder to the pavement section. The automatic aggregate spreader must be capable of applying up to a continuous 12-foot width application.

Exposed uncured mixed resin binder must not be visible after the aggregate topping is applied. If exposed uncured mixed resin binder is visible after applying the aggregate topping, apply aggregate topping to the exposed areas using an approved application method.
37-7.03C(3) Hand Mixing and Application
For approved low volume areas and areas less than 200 square yards, hand-mix the resin binder under manufacturer’s recommendations. Uniformly spread the resin binder onto the surface using a serrated edge squeegee. Immediately broadcast the high friction surfacing aggregates until refusal. 37-7.03D Excess Aggregate Removal and Reuse
Excess calcined bauxite aggregate must be recovered by a mechanical sweeper and may be reused for HFST. Before reuse of recovered calcined bauxite aggregate, blend with new calcined bauxite aggregate at a rate of 2 to 1 by volume. The recovered calcined bauxite must be clean, dry, and free from clay and any other deleterious material. Provide a record of all recovered calcined bauxite aggregate used and test results. Super sacks or stockpile containing the blended recovered calcined bauxite aggregate must be clearly marked “Recovered Calcined Bauxite Aggregate” and the contract number.

Seven post application sweepings shall be considered as included in the contract price paid for High Friction Surface Treatment. The first sweeping shall be performed on the same day the application is applied. Before opening to public traffic, remove excess and loose aggregate from the traveled way and shoulders by sweeping. HFST must be completely cured before sweeping and there must be no damage or dislodging of aggregate from HFST surface. Perform additional sweeping before placement of pavement markers and delineation. The second sweeping shall be performed 3 days after the High Friction Surface Treatment application is applied. The third sweeping shall be performed 5 days after the High Friction Surface Treatment application is applied. The forth sweeping shall be performed 7 days after the High Friction Surface Treatment is applied. The fifth sweeping shall be performed 10 days after the High Friction Surface Treatment is applied. The sixth sweeping shall be performed 15 days after the High Friction Surface Treatment is applied. The seventh sweeping shall be performed during the punch list process.

Prior to each sweeping, the Contractor shall contact the Engineer with the street’s sweeping schedule.

After sweeping takes place, the Contractor shall contact the Engineer for acceptance of the street sweeping.

If the sweeping is not done to the schedule listed above, the Contractor shall pay the liquidated damaged per the provisions of these Special Provisions.

If rain is anticipated on sweeping days, the contractor shall re-schedule sweeping and notify the Engineer of the rescheduled date.
37-7.04 PAYMENT
Full compensation for conforming to all requirements specified in section 37-7, “High Friction Surface Treatment” shall be considered as included in the contract unit price paid for “High Friction Surface Treatment”
SP-40
39 HOT MIX ASPHALT
SECTION 39 HOT MIX ASPHALT (ASPHALT CONCRETE)
Add to Section 39-2.01:

Hot Mix Asphalt shall be placed back by within the same shift after the existing asphalt has been removed.

Replace Section 39-2.02B(3) with:

Asphalt binder for Type A Hot Mix Asphalt shall be performance grade 64-10 paving asphalt conforming to Section 92, “Asphalt Binders,” of the Caltrans Standard Specifications.

Add to Section 39-2.02B(4):

Type A Hot Mix Asphalt shall be, ½” Maximum Medium Gradation.

Replace Section 39-2.02D with:
39-2.02D Payment
The contract unit price paid per ton for Hot Mix Asphalt (1/2”, Type A) shall be paid for in the “Hot Mix Asphalt (1/2”, Type A)” and shall include full compensation for furnishing all labor, materials, tools, cores, testing, 1 Job Mix Formula, equipment, and incidentals and for doing all the work involved in placing HMA (1/2”, Type A), including, cores, placing, leveling, and compacting material for AC digouts and other asphalt areas, as shown on the plans, as specified in the Standard Specifications, and as directed by the Engineer.

Add the following to Section 39-3.04A with:

The contractor shall Cold Plane areas identified as digouts to a depth of 4 inches with the exception of areas where vehicle detection will be damaged by digouts. These areas shall be Cold Planed to a depth of 5 inches.

Replace Section 39-3.04D with:
39-3.04D Payment
Full compensation for conforming to all requirements specified in section 39-5 and Cold Planing to a depths as indicated on the plans and the contract documents, shall be considered as included in the contract unit price paid per square yard for “Cold Plane Asphalt Concrete (Digouts)”.

SP-41

DIVISION IX TRAFFIC CONTROL DEVICES
81 MISCELLANEOUS TRAFFIC CONTROL DEVICES
Add the following to section 81 with the following:
81-3 PAVEMENT MARKERS
81-3.01A Summary
Pavement markers shall be installed per provisions in section 85 of the City of Roseville Construction Standards and these Special Provisions.

Pavement markers shall be applied at all locations where existing pavement markers are obliterated or covered as a result of resurfacing operations.

All non-reflective pavement markers shall be ceramic.

At locations where bike lane striping is used to channelize traffic, acceleration lanes, right turn deceleration lanes and bus turnouts, both stripes shall be detail 38. Reflective pavement markers shall be placed along both stripes.
81-3.03A General
The Contractor shall be responsible for removal and establishing alignment of all pavement markers outlined on the plans. The Contractor shall place lane lines, centerlines, no passing zones – two way direction lines, channelizing lines, and fire hydrant markers. The Contractor shall be responsible for placing all pavement markers.
81-3.04 PAYMENT
Full compensation for conforming to all requirements specified in section 81, “Pavement Markings” shall be paid for at the contract lump sum price paid for “Thermoplastic Pavement Striping and Markings, and Pavement Markers” and “Remove Pavement Markings, Striping, and Markers.” 84 MARKINGS
84-1 GENERAL
Add to section 84-1.01:

Traffic stripes and pavement markings shall be installed per provisions in section 84 of the City of Roseville Construction Standards and these Special Provisions.

Contractor shall remove all existing striping and pavement markers within the project limits prior to resurfacing.

Before obliterating any pavement delineation, the alignment and location of the pavement delineation shall be referenced by the Contractor with a sufficient number of control points to reestablish the alignment and location. The references shall also include the limits or changes in striping pattern, including limit lines, crosswalks and other pavement markings.

Traffic stripes and pavement markings shall be replaced at all locations where existing traffic stripes and pavement markings are obliterated or covered as a result of asphalt resurfacing operations.

Unless otherwise noted on the plans, the Contractor shall replace all pavement delineation on the same alignment and location.
84-2 TRAFFIC STRIPES AND PAVEMENT MARKINGS
Add to section 8-2.03A:

The Contractor shall be responsible for removal and establishing alignment of all Pavement Traffic Stripes and Pavement Markings outlined on the plans.

SP-42
Permanent pavement delineation shall be installed no earlier than 7 calendar days and no later than 14 calendar days after the Chip Seal, Micro-surfacing, or Roseville Cape Seal application.

Add to section 84-2.04:

Full compensation for conforming to all requirements specified in section 84, “Markings” shall be paid for at the contract lump sum price paid for “Thermoplastic Pavement Markings, Stripings, and Markers,” and “Remove Pavement Markings, Striping, and Markers.”
86 GENERAL
Add the following to Section 86
86-8.04 MEASURMENT
The quantity of the new loops shall be measured as units determined from actual count in place and paid for with each. Loops shall be paid for by each replaced as shown on the plans, obliteration of loops outside the Contractors work will be replaced in kind between the new lifts of HMA at the cost of the Contractor. 86-8.01 PAYMENT
Full compensation for vehicle detectors will be paid for at the contract unit price for “Traffic Loops” and shall include full compensation for furnishing all labor, materials, scheduling, tools, equipment, and incidentals and for doing all the work, complete in place, including layout work, coordination with Hot Mix Asphalt placement, installation of vehicle detector loops, pulling wire, moving existing DLC wire forward, splicing, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer. The contract price paid for “Traffic Loops” shall also include abandoning traffic signal detector loops, and no additional compensation shall be allowed therefore. Traffic loops maybe Type A, Type D, Type E preformed, or bike loops as shown on the plans and as required by the contract documents. No unit price adjustment shall be made for adding or deleting any type of traffic loop.

Full compensation for furnishing and installing the contract item paid for in each for handholes and shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in furnishing and installing handhole, complete in place as specified in the State Standard Specifications and these special provisions, and as directed by the Engineer.

Full compensation for furnishing and installing conduit for traffic signal loops shall be considered as included in the contract unit prices paid for Conduit and shall include furnishing all labor, materials, tools, equipment, placing conduit, pulling wire, trenching, backfill, moving detector lead in cable (DLC’s), restorations of sidewalk, curb, and gutter from joint to joint, hot mix asphalt, and incidentals for the work described in this section, and no additional compensation shall be allowed therefor.

Full compensation for Removal, Replacement, and Adjustment of Pull Boxes will be paid for at the contract unit price for “Removal, Replacement, and Adjustment of Pull Boxes” and shall include full compensation for furnishing all labor, materials, scheduling, tools, equipment, and incidentals and for doing all the work, complete in place, including layout work, extending and/or trimming conduit up to 1’ for up to 6 conduits per box, supplying traffic rated No. 6 boxes and lids, pulling wire, splicing, restoration of median as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer. This item shall only be utilized for Pull Boxes specifically identified on the plans all other adjustment of pull boxes are considered incidental to other work.

SP-43

END OF SPECIAL PROVISIONS

COUNCIL COMMUNICATION
CC #: 2078
File #: 0900-03
Title:

Industrial Substation Switchgear #1 Replacement Civil Construction - Approval of Plans and Specifications and Authorization to Call for Bids Contact: Austin Kurth 916-774-5661 [email protected] Meeting Date: 5/18/2022
Item #: 6.2.

RECOMMENDATION TO COUNCIL
Staff is recommending that the City Council approve the plans and specifications and authorize staff to advertise the Industrial Switchgear #1 Foundation Construction and call for bids.

BACKGROUND
The switchgear installed at Industrial Bay #1 was put into service in 1974. Several problems have been encountered in recent years during routine maintenance including failed dielectric tests on a circuit breaker and failure of circuit breaker capacitive trip devices. Spare parts are difficult to find and typically can only be found refurbished, as the circuit breakers in use are no longer manufactured. This project is for civil construction at Industrial Substation and is required for the replacement of the existing switchgear #1 that has reached its end of life. Replacement of the switchgear is necessary to maintain system reliability.

FISCAL IMPACT
The estimated cost of this project is $120,000 and funds are available in the Electric Fund FY2021-22 budget.

ENVIRONMENTAL REVIEW
The proposed work of the Industrial Substation 12kV Switchgear #1 Replacement project involves the replacement of existing structures and facilities. This activity is categorically exempt from CEQA as a Class 2 Exemption (State CEQA Guidelines Section 15302). The Exemption has been prepared and no further CEQA action is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Austin Kurth, Power Engineer
Daniel Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
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TABLE OF CONTENTS
Pagination Notation
Notice to Contractors NTC
Instructions to Bidders INT
Proposal PROP
Insurance Broker Information Packet INS
General Conditions for Buildings and Grounds GC
Supplemental Conditions SC
Assembly Bill No. 626
Specifications
Drawings
Pleasant Grove Substation Geotech Report
NTC - 1
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CITY OF ROSEVILLE

DEPARTMENT OF ELECTRIC
Industrial Substation 12kV Switchgear 1 Replacement

NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN THAT sealed Proposals will be received at the Office of the City Clerk, 311 Vernon Street, Roseville, California, until June 20th at 3:00 p.m. Late Proposals will be rejected. No exceptions.

The Proposals will be publicly opened and read by the City Clerk or designee of the City of Roseville at 3:05 p.m. on June 20th, 2022 at the Office of the City Clerk located at 311 Vernon Street, Roseville California for the following project: Industrial Substation 12kV Switchgear 1 Replacement.

A pre-bid meeting will be held per the instructions listed on the Public Purchase at https://www.publicpurchase.com.

Bids shall be submitted on the City’s Proposal Forms included in the Project Manual, plainly endorsed with the Bidder’s name together with signed acknowledgement of any and all addenda. Proposal Forms shall be securely sealed in a suitable envelope marked with the name and address of the Bidder, and marked in capital letters on the front and back of the envelope as NTC - 2
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follows:

Industrial Substation 12kV Switchgear 1 Replacement
(Name of Bidder)
(Address of Bidder)
Whether mailed or personally delivered, all bids shall be addressed to the City of Roseville, Office of the City Clerk, 311 Vernon Street, Roseville, California, 95678.

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid by the submission deadline. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline submission of bids NTC - 3
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nor may any bid be withdrawn after the time fixed in the public notice for deadline for submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and the City is under no obligation to return bids.

Pursuant to Public Contract Code Section 22300, the successful Bidder may submit certain securities in lieu of the City withholding retention of payments during the Project.

The City has determined that the Contractor shall possess a valid Class A, General Engineering Contractor's license at the time that the bid is submitted, as well as any other license classification as may be required by the laws of the California for the performance of the work specified in the Contract Documents. Said license shall be maintained during the Contract period. Failure to possess the specified license shall render the bid nonresponsive and will act as a bar to the award of the Contract to any Bidder not possessing such a license at the time of bid submittal. The Contractor shall provide certification of the license, its number and the expiration date on the proposal form.

The work is to be done in Placer County. Pursuant to California Labor Code Section 1773, the City has ascertained the General Prevailing Rate of Wages in the County in which the NTC - 4
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work is to be done to be as determined by the Director of Industrial Relations of the State of California. The Contractor is hereby made aware that information regarding prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 5 “Legal Relations and Responsibility” of the General Conditions.

All questions prior to the deadline for bid submissions shall be directed to Public Purchase at https://www.publicpurchase.com. The deadline for submissions of questions and clarifications regarding the Contract Documents is seven (7) calendar days before the deadline for bid submissions. Only Addenda issued by the City are binding.

NTC - 5
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___________________________________
City Clerk, City of Roseville

Dated: _____________________________
Published: __________________________
INT - 1
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INSTRUCTIONS TO BIDDERS
SECTION 1. GENERAL
1-1.01 GENERAL. These Instructions to Bidders form a part of the Contract Documents. Capitalized terms are defined in the General Conditions Section 1. 1-1.02 EXAMINATION OF PLANS, CONTRACT DOCUMENTS AND
SITE OF THE WORK. The Bidder shall examine carefully the site of the Work and all the Contract Documents, including these Instructions to Bidders, and shall inform itself of the conditions relating to the execution of the Work. Failure to do so will not relieve the successful Bidder of its obligation to enter into an Agreement and complete the Work in strict accordance with the Contract Documents. Conditions relating to the execution of the Work include the requirements of federal, state, and local laws, statutes and ordinances relative to the execution of Work, including, but not limited to, applicable regulations concerning prevailing wage rates, non-discrimination in the employment of labor, protection of the public, employee health and safety, and environmental protection.

The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of Work to be performed, the quantities of materials to be furnished, and as to the requirements of all the Contract Documents.
1-1.03 EXISTING INFORMATION. Where the Department has made investigations of site conditions, including subsurface conditions in areas where Work is to be performed under the Contract, such investigations are made only for the purpose of study and design. City does not represent that such conditions as found in these investigations or inferences or conclusions drawn as a result of these investigations will represent actual site INT - 2
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] conditions and hereby disclaims any liability as a result of Contractor’s or Bidder’s reliance on such investigations. City will presume that all Bidders have conducted their own site investigations, including investigations of subsurface conditions. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the Department as to such investigations subject to the conditions set forth in these Instructions to Bidders. Such inspection of records may be made only at the location noted above. The records of such investigations are not a part of the Contract Documents and are shown solely for the convenience of the Bidder or Contractor. The City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of the investigations made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. The City makes no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.

INT - 3
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] SECTION 2: BID REQUIREMENTS
2-1.01 PROPOSAL FORMS. The Department will furnish to each Bidder standard Proposal Forms, which, when filled out and executed may be submitted as the bid.

Proposals shall include all pages in the Project Manual with page numbers marked “PROP” plus the Addendum acknowledgment form (front sheet) from all Addenda received by the Bidder.

Proposals shall be removed from the Project Manual. The full Project Manual shall not be submitted with the proposal. Bids not presented on forms so furnished will be disregarded.

All blank spaces in the Proposal must be completed, as required, in ink. All price information shall be shown, clearly legible, in figures where required.

If the Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Proposal shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the Bidder other than an officer of a corporation or a member of a partnership, a notarized Power of INT - 4
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Attorney must be on file with the City prior to opening of bids or must be submitted with the Proposal. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal. 2-1.02 SUBMISSION OF BIDS. Bids must be submitted at the prescribed time and location specified in the Notice to Contractors. Any submission received after the prescribed time shall be rejected, regardless of whether or not bids are opened exactly at the prescribed time.

Any unauthorized conditions or qualifications entered on, or changes made to, the Proposal may render it invalid and may cause its rejection.

Bidders shall submit a properly completed and executed “Noncollusion Declaration” in the form required by Public Contract Code Section 7106 and provided with the Proposal (PROP11). 2-1.06 DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, INT - 6
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
2-1.07 PROPOSAL GUARANTY. All bids shall be accompanied by one of the following forms of Bidder's security: Cash, a cashier's check, a certified check, or a Bidder's bond executed by an admitted California surety insurer, made payable to the City of Roseville, or any other form of security deemed acceptable by the City Attorney. The security shall be in an amount equal to at least ten percent (10%) of the amount bid. A bid will not be considered unless one of the form of Bidder's security is enclosed with it.

A Bidder's bond shall conform to the City's bond form in the Proposal and shall be properly filled out and executed.
2-1.08 SCHEDULE OF BID PRICES. Bidders are directed to submit unit and lump sum prices for all Work set forth in the Contract Documents on the Proposal Form entitled “Schedule of Bid Prices.”
Unit prices and lump sum prices, as indicated, must be entered in the appropriate spaces provided in the Schedule of Bid Prices. If applicable, unit prices shall be multiplied by the quantities shown, and the total shall be inserted in the Amount column. In the event of any error or discrepancy between the unit price and the calculated amount, the unit prices shall govern.

The City may correct any mathematical errors apparent on the face of the bid.

The amounts shown in the Amount column must be added together in arriving at the Grand Total Bid Price.

Amounts for Allowance bid items must be entered in the exact amount in the Amount column.

The prices included within the Schedule of Bid Prices shall include all costs for labor, INT - 7
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and all other costs necessary to perform the Work in accordance with the Contract Documents.

Full compensation for complying with the Contract Documents, including requirements of the Standard Specifications, the General Conditions, Supplemental Conditions, and all warranties, shall be considered included in the bid items and no additional compensation shall be allowed therefor.

The City reserves the right to delete any bid item in its entirety and/or significantly reduce the quantity of Work under a bid item. The City makes no representation that any Work under a bid item will be performed during the course of the Project or that the Work will be INT - 8
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] performed at the quantities included in the Schedule of Bid Prices. As provided in the General Conditions, for any deleted Work, Contractor shall not be entitled to payment of the indirect costs and profit included for said bid item. All bid items shall be considered distinct and severable from the remaining bid items, and each Bidder acts at its peril if its bid is unbalanced.

The City shall compare bids on the basis of the Grand Total Bid Price, which includes the base bid and any alternates designated on the Schedule of Bid Prices. Alternates may or may not be awarded, or may be awarded in any combination, at the City’s discretion. 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the Notice to Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or its duly authorized representative, for the withdrawal of such bid is filed with the City Clerk. Facsimile and electronic mail requests are not acceptable. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. The withdrawal of any bid after the time fixed in the Notice to Contractors for the opening of bids will not be permitted.
2-1.10 ADDENDUM. Proposals shall include all costs and account for all Addenda issued prior to opening of bids. The Bidder is responsible for verifying that all issued Addenda have been received. An Addendum acknowledgment form for each Addendum shall be included as part of the Proposal submittal.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present.
2-1.12 TRENCHING AND EXCAVATION WORK. In accordance with the provisions of California Labor Code Section 6707, if the Work involves construction of a INT - 9
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] pipeline, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are five feet (5') or deeper, each bid submitted shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to all applicable safety orders.

INT - 10
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] SECTION 3: EVALUATION OF BIDS
3-1.01 BID EVALUATION PROCESS. Bids will be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Grand Total Bid Price, as shown in the Schedule of Bid Prices. If additive or deductive alternates are used in the Schedule of Bid Prices, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for base contract items plus the alternates designated by the City as those that will be used for determining the lowest bid price. However, the City reserves the right to (1) not award any alternates or (2) award any combination of alternates.

INT - 11
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] 3-1.03 COMPETITIVE BIDDING. If more than one proposal is offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or Work to a Bidder is not thereby disqualified from quoting prices to other Bidders, or from submitting a bid directly for the materials or Work.

INT - 12
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] SECTION 4: AWARD AND EXECUTION OF CONTRACT
4-1.01 AWARD OF CONTRACT. The City reserves the right to reject any and all proposals and to award (or not award) any combination of bid items at its option. Any such award will be to the lowest responsible Bidder whose proposal complies with the requirements prescribed for the bid items awarded. Such award, if made, will be made within sixty (60) business days after the opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) business days after the opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred four (104) business days after the opening of the proposals. The above time periods within which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.
4-1.02 RETURN OF BIDDER’S SECURITIES. Within ten (10) Days after the award of the Contract, the City Clerk will return all Bidders' securities, other than Bidders' bonds, accompanying the proposals that are not to be further considered in making the award.

Retained Bidders' securities will be held until the Contract has been fully executed, after which all Bidders' securities, except Bidders' bonds and any Bidders' securities that have been forfeited, will be returned.
4-1.03 CONTRACT BONDS. The successful Bidder shall furnish two (2) INT - 13
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] bonds in the form contained in the section entitled Insurance Broker Information Packet and Bonds. One (1) bond shall secure the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract, and the other bond shall guarantee the faithful performance of the Contract.

All alterations, extensions of time, extra and additional Work, and other changes authorized by the Standard Specifications, the General Conditions, the Supplemental Conditions or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bonds.

Furthermore, the successful Bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3). 4-1.04 INSURANCE. At the time of the execution of the Contract, the Contractor shall, at its own expense, procure, and at all times during the prosecution of the Work maintain in full force and effect Worker's Compensation Insurance, and Liability Insurance as specified in the General Conditions. The Contractor shall provide a Certificate of Insurance in the form contained in the section entitled Insurance Broker Information Packet. 4-1.05 EXECUTION OF CONTRACT. The Contract shall be signed by the successful Bidder and returned, together with all the required Contract bonds and insurance certificates, within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City.

INT - 14
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] If the Bidder is an individual, the Contract shall be executed personally by the Bidder. If the Bidder is a partnership, it is desirable that the Contract be executed by all of the partners, but it may be executed by one of them. If the Bidder is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief financial officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Contract, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the corporation. If the corporate seal is not affixed to the Contract, or if it is executed by a person other than officers, or only by one officer, there must be attached to the Contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Bidder is a joint venture, the Contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. 4-1.06 FAILURE TO EXECUTE CONTRACT. Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds and insurance as provided within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City, shall be just cause for annulment of the award and forfeiture of the Bidder's security. The successful Bidder may file with the City Clerk a written notice, signed by the Bidder or Bidder's authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to Bidder. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time prescribed.

INT - 15
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] SECTION 5: BID PROTEST PROCEDURES
5-1.01 POLICY/PROCEDURES. It is the policy of the City to consider fully and adjudicate promptly protests filed by prospective Bidders relating to the City’s bidding procedure or award of the Contract. Protests shall be filed and processed in accordance with Section 4.12.150 of the Roseville Municipal Code. A Bidder’s failure to follow the bid protest procedures may result in rejection of the protest by the City.

PROP - 1
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] PROPOSAL TO THE DEPARTMENT OF ________________________
Project:_______________________________________
Name of Bidder _________________________________ Business Phone ________________ Business Address _______________________________________________________________ Place of Business _______________________________________________________________ Contractor’s License No. ______________________________________ License Expiration Date_______________________________________ License Classification Type __________________________________________ DIR Registration No. _________________________________________ Type of business organization:
*If a Corporation, incorporated under the laws of the State of:

City of Roseville Business License No.

The undersigned Bidder herewith submits this Proposal and binds itself on award by the City of Roseville under this bid to execute a Contract in accordance with its bid and the Contract Documents.

The Notice to Contractors, Instructions to Bidders, Form of Agreement, Specifications, General Conditions, Supplemental Conditions, Contract Drawings, and Addenda, if any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranties are required thereby are hereby affirmed.

The work to be done is described in the Bidding Documents entitled _______________ ____________________________________________________, City of Roseville, California.

This offer shall be irrevocable for a period of sixty (60) Days after the date on which bids are opened.

PROP - 2
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] The undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposal, other than that requested, may render the bid non-responsive.

Bids are required for all Bid Items. The amount of the Bid for comparison purposes will be the total of all items awarded.

The prices included within the Schedule of Bid Items include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance PROP - 3
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] with the Contract Documents.

I sign as sole owner of the business named above:
_____________________________________________________________________________ If PARTNERSHIP, one or more partners sign here:

Corporate Name: _______________________________________ PROP - 4
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Incorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do:

By
Signature of Authorized Official*
Title
Typewritten or Printed Name
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
If JOINT VENTURE, execute here:

Joint Venture name composed of:

The undersigned certify that they sign this bid with the full and proper authorization so to do:

Signature of Authorized Official*
Title
Typewritten or Printed Name
Signature of Authorized Official*
Title
Typewritten or Printed Name
*If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to City is provided demonstrating that such individual is authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws).

PROP - 5
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] [LIST OF SUBCONTRACTORS FOLLOWS ON NEXT PAGE.]
PROP - 6
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

PORTION/

TYPE OF
WORK
% OF

CONTRACT
SUBCONTRACTOR’S
NAME

CONTRACTOR
LICENSE NO. DIR REG NO. BUSINESS ADDRESS (CITY, STATE)
PROP - 7
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

SECURITY FOR COMPENSATION CERTIFICATE
(Required by California Labor Code Section 1861)
TO: City Council
City of Roseville
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. _________________________________
_________________________________
(Signature of Bidder)
_________________________________
_________________________________
Business Address
_________________________________
Telephone
PROP - 8
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] BIDDER’S BOND
City Council of the City of Roseville
KNOW ALL MEN BY THESE PRESENTS:

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned Bid to the City Council of the City of Roseville, as aforesaid, for certain construction specifically described as follows, for which Bids are to be opened at the Office of the City Clerk located at 311 Vernon Street, Roseville, California, on ____________________________, 20__ FOR (Copy here the exact title of work as it appears on the Proposal.) PROP - 9
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] NOW, THEREFORE, IF THE AFORESAID PRINCIPAL is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented for signature, enters into a written Contract, in the prescribed form, in accordance with the Bid, and files all insurance and two (2) Bonds with the Department, one (1) to guarantee Faithful Performance and the other to guarantee Payment for Labor and Materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

BID ITEM ITEM DESCRIPTION UNIT TOTAL AMOUNT ($)
1 Concrete foundation, conduits,
stairs, path and all associated
work at Industrial #1 Substation
Lump Sum

FIRMS QUALIFICATIONS AND EXPERIENCE FORM
Requirements:

Contractor and its foreman/supervisor assinged for this project must have performed construction projects in at least three electric substations at 60-kV or above, during the last fifteen years.

Foreman/Supervisor Name: ________________________________________________________ Project Name and $ amount: ________________________________________________________________ Project Contact Name and #: _______________________________________________________________ Project Location: ____________________________________________________________________ Project Date and Duration: _________________________________________________________________ Project Description: _______________________________________________________________________ ----------------------------------------
Project Name and $ amount: ________________________________________________________________ Project Contact Name and #: _______________________________________________________________ Project Location: ____________________________________________________________________ Project Date and Duration: _________________________________________________________________ Project Description: _______________________________________________________________________ ----------------------------------------
Project Name and $ amount: ________________________________________________________________ Project Contact Name and #: _______________________________________________________________ Project Location: ____________________________________________________________________ Project Date and Duration: _________________________________________________________________ Project Description: _______________________________________________________________________ PROP - 11
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

NONCOLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _________________ of ______________________, the party making the foregoing bid.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________________ [date], at _____________________________ [city], ________________ [state]. ____________________________________
(Signature of Declarant)
PROP - 12
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

DISQUALIFICATION QUESTIONNAIRE
The Bidder shall complete, under the penalty of perjury, the following questionnaire:

NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________ PROP - 13
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

ACKNOWLEDGEMENT OF INSURANCE AND BOND REQUIREMENTS
Included in the Bid Price is full compensation for the requirements set forth in the INSURANCE BROKER INFORMATION PACKET of the Project Manual.

NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________ PROP - 14
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

Print Name Signature

Name of Business/Company/Corporation Date

Address Phone
PROP - 15
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

END OF PROPOSAL
1 [E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

A G R E E M E N T
THIS AGREEMENT, is made and entered into this _____ day of __________________, 20_____, by and between the City of Roseville, a municipal corporation, (“CITY”), and ______________________________________________, a ____________________________, (“CONTRACTOR”); and
W I T N E S E T H:

WHEREAS, the City Council of the CITY, at a meeting held on the ____day of __________________, 20_____, approved plans and specifications for the ______________________________________________________________________________ and directed the City Clerk to advertise for sealed proposals for doing said work and providing that bids be submitted on the _____ day of ________________, 20_____; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, CONTRACTOR, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which bid is now on file in the office of the City Clerk, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a meeting of the City Council held on the _____ day of ___________________, 20_____, the Council found and 2 [E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] declared the bid of CONTRACTOR to be the lowest responsible bid and thereupon awarded a contract to CONTRACTOR to do the work referred to in the aforementioned specifications.

NOW, THEREFORE, the parties agree as follows:

3. CONTRACT DOCUMENTS. The complete Agreement between the parties hereto consists of the following documents:
a. The advertisement for bids (including the notice to bidders, instructions to bidders and proposals);
b. The accepted bid;
c. Plans and specifications (including general conditions, supplemental conditions, special provisions and construction details); d. Bonds and insurance required by the specifications; and 3 [E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] e. This contract.

4. LIQUIDATED DAMAGES. In the event CONTRACTOR does not complete the Work within the time specified, CONTRACTOR agrees that CITY will suffer damages.

5. TIME OF COMPLETION. Time is of the essence of this Agreement.

CITY OF ROSEVILLE CONTRACTOR
______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ 4 [E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] CITY may also act through either its architect or construction manager if CITY expressly gives notice to CONTRACTOR, in writing, that CITY’s designee has authority to act for CITY in a specific capacity.

7. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the Contract Documents and Public Contract Code Sections 10240-10240.13.

8. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

10. SUCCESSORS IN INTEREST. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.

11. MODIFICATION. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.

13. INTEGRATED AGREEMENT. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.

14. CONTRACTORS LICENSE LAW. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE 5 [E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST

CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE ALLEGED VIOLATION. A

BOX 26000, SACRAMENTO, CALIFORNIA 95826.

IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. _____, adopted by the Council of the City of Roseville on the ____day of _________________, 20_____, and CONTRACTOR has caused this Agreement to be duly executed.

CITY OF ROSEVILLE, a ___________________________, a
municipal corporation _____________________________
BY:__________________________ BY: __________________________ DOMINICK CASEY its: __________________________
City Manager
and
ATTEST:

BY: __________________________
its: __________________________
BY:__________________________

SONIA OROZCO
City Clerk
6 [E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] APPROVED AS TO FORM:

BY: __________________________
ROBERT R. SCHMITT
City Attorney
APPROVED AS TO SUBSTANCE:

BY: __________________________
Print Name:____________________
Title:__________________________
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

INSURANCE BROKER INFORMATION PACKET
Project:_______________________________________
NOTICE TO CONTRACTOR:

For your convenience, this package contains the Requirements for Insurance and Bonds for this project, including the necessary City forms. You are required to return these forms in addition to the executed Contract within fifteen (15) calendar days after the award of the Bid, unless otherwise directed by City in writing. (See the Instructions to Bidders.) Please insert the dollar amount of your accepted Bid into the blank on page INS-1 and present this entire package to your insurance broker if you are awarded the Bid. [E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

TABLE OF CONTENTS
Page
Notice to Insurance Broker INS 1
Insurance Requirements INS 2
Public Works Faithful Performance Bond INS 10
Public Works Payment Bond INS 13
INS - 1
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

NOTICE TO INSURANCE BROKER
Your client has been awarded a bid by the City Council of the City of Roseville to perform a public works project known as ___________________________________________.

Please refer to the Supplemental Conditions for modifications of the General Conditions, if any, and the requirements of this insurance packet.

Please use the standard City of Roseville Bond Forms provided in this package.

The Bonds required must each be in the penal amount of: $______________________.

When forwarding the documents, please refer to the project name so that the documents can be matched with the Contract for which they are submitted.

Thank you.

INS - 2
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

INSURANCE REQUIREMENTS
The following sections are quoted from the General Conditions:
5-1.23 INSURANCE COVERAGE.

C. Insurance Required.

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage for projects under One Million Dollars ($1,000,000) and INS - 3
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.

Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, crossliability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of INS - 4
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.

4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the Agreement. Coverage must commence from the first day that Contractor or any of its Subcontractors provided any design or engineering services in connection with the Project.

INS - 5
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

Builder's Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of

3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.

6. Pollution Coverage: Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damage arising out of the abatement, removal, storage, transportation, or other exposure to hazardous materials or INS - 6
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] pollutants, in limits not less than Two Million Dollars ($2,000,000). Contractor shall add the City and all parties required to be indemnified by Contractor as additional insured on all pollution liability policies.

B. The City acknowledges that some insurance requirements contained in these Standard Specifications may be fulfilled by self-insurance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by Contractor under the Contract.

Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by City in writing. Policies containing any INS - 7
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.

D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.

E. The limits of insurance required in this Contract may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be INS - 8
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.

H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.

J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY

PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF
NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

PUBLIC WORKS

As condition precedent to the satisfactory completion of the contract, the obligation of the PRINCIPAL and SURETY under this Bond shall remain in effect for a period of one (1) year after the completion and acceptance of the WORK. During that time, if the PRINCIPAL, its heirs, executors, administrators, successors or assigns fails to make full, complete and satisfactory repair and replacement or totally protect the CITY from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the WORK, then the obligation shall remain in full force and effect. However, anything in Bond No. __________
Premium $_________
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] this paragraph to the contrary notwithstanding, the obligation of the SURETY shall continue so long as any obligation of the PRINCIPAL remains.

Whenever PRINCIPAL shall be and declared by CITY to be in default under the AGREEMENT, SURETY shall promptly remedy the default, or shall promptly do one of the follow at CITY’s election:

No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY or its successors or assigns.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. [SIGNATURES NEXT PAGE]
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the ____ day of __________________, 20___.

PRINCIPAL: SURETY:

BY: ________
City Attorney
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

PUBLIC WORKS

Bond No. __________
Premium $_________
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.

IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the _____ day of __________________, 20__.

PRINCIPAL: SURETY:

BY: ________
City Attorney
GC
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

CITY OF ROSEVILLE

GENERAL CONDITIONS
FOR

BUILDINGS AND GROUNDS
GC – i
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

CITY OF ROSEVILLE

GENERAL CONDITIONS
FOR

BUILDINGS AND GROUNDS
SECTION 1: DEFINITIONS AND TERMS....................................................................GC-1:1 1-1.01 GENERAL......................................................................................................GC-1:1 1-1.02 ACCEPTANCE..............................................................................................GC-1:1 1-1.03 ADDENDUM..................................................................................................GC-1:1 1-1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS................................................................................................GC-1:1 1-1.05 ASSESSMENT ...............................................................................................GC-1:1 1-1.06 BENEFICIAL OCCUPANCY ......................................................................GC-1:2 1-1.07 BID GUARANTY...........................................................................................GC-1:2 1-1.08 BIDDER ..........................................................................................................GC-1:2 1-1.09 BIDDING DOCUMENTS .............................................................................GC-1:2 1-1.10 CHANGE ORDER.........................................................................................GC-1:2 1-1.11 CITY................................................................................................................GC-1:2 1-1.12 CITY ATTORNEY ........................................................................................GC-1:2 1-1.13 CITY CLERK.................................................................................................GC-1:2 1-1.14 CLAIM............................................................................................................GC-1:2 1-1.15 CONSTRUCTION SCHEDULE ..................................................................GC-1:3 1-1.16 CONTRACT OR AGREEMENT.................................................................GC-1:3 1-1.17 CONTRACT CONDITIONS ........................................................................GC-1:3 1-1.18 CONTRACT DOCUMENTS........................................................................GC-1:3 1-1.19 CONTRACT DRAWINGS............................................................................GC-1:3 1-1.20 CONTRACT PRICE......................................................................................GC-1:4 1-1.21 CONTRACT TIME .......................................................................................GC-1:4 1-1.22 CONTRACTOR.............................................................................................GC-1:4 1-1.23 DAY OR DAYS...............................................................................................GC-1:4 1-1.24 DEPARTMENT .............................................................................................GC-1:4 1-1.25 DIRECT COSTS ............................................................................................GC-1:4 1-1-26 DIRECTOR. ...................................................................................................GC-1:6 1-1.27 EMERGENCY. ..............................................................................................GC-1:6 1-1.28 ENGINEER OR ARCHITECT.....................................................................GC-1:7 1-1.29 FINAL COMPLETION.................................................................................GC-1:7 1-1.30 FORCE ACCOUNT.......................................................................................GC-1:7 1-1.31 GENERAL NOTES........................................................................................GC-1:7 1-1.32 INSTALLATION,INSTALL........................................................................GC-1:7 1-1.33 LABORATORY.............................................................................................GC-1:7 1-1.34 LEGAL HOLIDAYS......................................................................................GC-1:7 1-1.35 LIQUIDATED DAMAGES...........................................................................GC-1:7 1-1.36 NOTICE OF COMPLETION.......................................................................GC-1:8 1-1.37 NOTICE TO PROCEED...............................................................................GC-1:8 1-1.38 NOTICE OF TERMINATION .....................................................................GC-1:8 GC – ii
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] 1-1.39 OVERHEAD...................................................................................................GC-1:8 1-1.40 PREMISES .....................................................................................................GC-1:9 1-1.41 PROFESSIONAL ENGINEER ....................................................................GC-1:9 1-1.42 PROJECT MANUAL ....................................................................................GC-1:9 1-1.43 PROPOSAL FORMS.....................................................................................GC-1:9 1-1.44 REQUEST FOR INFORMATION (RFI). ...................................................GC-1:9 1-1.45 SAFETY..........................................................................................................GC-1:9 1-1.46 SCHEDULE OF VALUES. ...........................................................................GC-1:9 1-1.47 SHOP DRAWINGS......................................................................................GC-1:10 1-1.48 SPECIFICATIONS......................................................................................GC-1:10 1-1.49 SUBCONTRACTOR...................................................................................GC-1:10 1-1.50 SUBMITTALS .............................................................................................GC-1:10 1-1.51 SUPPLEMENTAL CONDITIONS ............................................................GC-1:10 1-1.52 SUPPLIER....................................................................................................GC-1:10 1-1.53 WORK...........................................................................................................GC-1:11 1-1.54 WORK SITE.................................................................................................GC-1:11 1-1.55 WORKING DRAWINGS............................................................................GC-1:11 SECTION 2: CONTROL AND SCOPE OF THE WORK.............................................GC-2:1 2-1.01 AUTHORITY OF DIRECTOR ....................................................................GC-2:1 2-1.02 INTENT OF CONTRACT DOCUMENTS..................................................GC-2:1 2-1.03 EXAMINATION AND VERIFICATION OF CONTRACT
DOCUMENTS................................................................................................GC-2:2 2-1.04 CONTRACT DRAWINGS............................................................................GC-2:3 2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS................................................................................................GC-2:3 2-1.06 INDEPENDENT CONTRACTOR STATUS...............................................GC-2:5 2-1.07 ORDER OF WORK.......................................................................................GC-2:5 2-1.08 SUBMITTALS ...............................................................................................GC-2:5 2-1.08A SHOP DRAWINGS..................................................................................GC-2:6 2-1.08B DESCRIPTIVE DATA ............................................................................GC-2:7 2-1.08C SAMPLES ................................................................................................GC-2:7 2-1.08D MANUALS, INSTRUCTIONS AND AFFIDAVIT................................GC-2:7 2-1.08E ALTERNATIVES...................................................................................GC-2:10 2-1.09 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE...................GC-2:12 2-1.10 ACCESS TO THE WORK ..........................................................................GC-2:12 2-1.11 TEMPORARY UTILITIES ........................................................................GC-2:12 2-1.12 UTILITY FACILITIES...............................................................................GC-2:13 2-1.13 PRESERVATION AND CLEANING........................................................GC-2:14 2-1.14 LIMITATIONS ON WORK SITE AND PREMISES...............................GC-2:14 2-1.15 DUST CONTROL........................................................................................GC-2:15 2-1.16 SANITATION ..............................................................................................GC-2:15 2-1.17 NIGHT WORK AND NORMAL WORKING HOURS............................GC-2:15 2-1.18 LINES AND GRADES.................................................................................GC-2:16 2-1.19 ARCHEOLOGICAL DISCOVERIES.......................................................GC-2:17 2-1.20 PRESERVATION OF MONUMENTS......................................................GC-2:17 2-1.21 CONFORMITY WITH CONTRACT DOCUMENTS.............................GC-2:18 GC – iii
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] 2-1.22 FINAL CLEANUP .......................................................................................GC-2:18 2-1.23 AS-BUILT DOCUMENTS AND DRAWINGS .........................................GC-2:18 2-1.24 SUPERINTENDENCE................................................................................GC-2:19 2-1.25 CHARACTER OF WORKER ....................................................................GC-2:20 2-1.26 INSPECTION...............................................................................................GC-2:20 2-1.27 REMOVAL OF REJECTED AND UNAUTHORIZED WORK.............GC-2:21 SECTION 3: CHANGES IN THE WORK ......................................................................GC-3:1 3-1.01 CHANGES......................................................................................................GC-3:1 3-1.02 PROPOSED CHANGE ORDERS ................................................................GC-3:2 3-1.03 EMERGENCY AND INDETERMINATE TYPE CHANGE ORDERS ...GC-3:3 3-1.04 EXECUTED CHANGE ORDER..................................................................GC-3:3 3-1.05 CONTRACT PRICE ADJUSTMENT .........................................................GC-3:3 3-1.06 FORCE ACCOUNT PAYMENT..................................................................GC-3:5 3-1.06A LABOR.....................................................................................................GC-3:6 3-1.06B MATERIALS............................................................................................GC-3:6 3-1.06C EQUIPMENT...........................................................................................GC-3:7 3-1.06D MARKUPS ...............................................................................................GC-3:8 3-1.06E RECORDS................................................................................................GC-3:9 3-1.07 COST REDUCTION PROPOSALS...........................................................GC-3:11 SECTION 4: CONTROL OF MATERIALS ...................................................................GC-4:1 4-1.01 MATERIALS .................................................................................................GC-4:1 4-1.02 PRODUCT AND REFERENCE STANDARDS..........................................GC-4:2 4-1.03 SAMPLING AND TESTING OF MATERIALS.........................................GC-4:2 4-1.04 CERTIFICATES OF COMPLIANCE.........................................................GC-4:7 SECTION 5: LEGAL RELATIONS AND RESPONSIBILITY....................................GC-5:1 5-1.01 LAWS TO BE OBSERVED ..........................................................................GC-5:1 5-1.02 HOURS OF LABOR ......................................................................................GC-5:1 5-1.03 NONDISCRIMINATION .............................................................................GC-5:2 5-1.04 PREVAILING WAGE...................................................................................GC-5:3 5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID..............GC-5:6 5-1.06 PAYROLL RECORDS..................................................................................GC-5:7 5-1.07 SAFETY REQUIREMENTS ......................................................................GC-5:10 5-1.08 SUBSURFACE EXCAVATIONS, NOTIFICATION...............................GC-5:15 5-1.09 PUBLIC SAFETY........................................................................................GC-5:15 5-1.10 EMERGENCIES..........................................................................................GC-5:17 5-1.11 APPRENTICES ...........................................................................................GC-5:18 5-1.12 FAIR LABOR STANDARDS ACT ............................................................GC-5:18 5-1.13 WORKERS' COMPENSATION................................................................GC-5:19 5-1.14 AIR POLLUTION CONTROL AND ASBESTOS....................................GC-5:19 5-1.15 USE OF PESTICIDES.................................................................................GC-5:20 5-1.16 SOUND AND LIGHT CONTROL REQUIREMENTS............................GC-5:20 5-1.17 WEIGHT LIMITATIONS ..........................................................................GC-5:21 5-1.18 ENVIRONMENTAL CLEARANCES; MITIGATION MONITORING
PROGRAMS; AND REGULATORY AGENCY PERMIT
GC – iv
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] REQUIREMENTS.......................................................................................GC-5:21 5-1.19 PERMITS AND LICENSES .......................................................................GC-5:21 5-1.20 WATER POLLUTION................................................................................GC-5:22 5-1.21 PROTECTION AND USE OF PROPERTY..............................................GC-5:23 5-1.22 RESPONSIBILITY FOR DAMAGE AND INDEMNIFICATION.........GC-5:24 5-1.23 INSURANCE COVERAGE........................................................................GC-5:26 5-1.24 OTHER INSURANCE PROVISIONS.......................................................GC-5:31 5-1.25 THIRD PARTY BENEFICIARY ...............................................................GC-5:33 5-1.26 COORDINATION AND ACCESS .............................................................GC-5:33 5-1.27 OCCUPANCY BY THE DEPARTMENT PRIOR TO ACCEPTANCE..GC-5:34 5-1.28 RIGHT TO OPERATE UNSATISFACTORY FACILITIES AND
EQUIPMENT...............................................................................................GC-5:35 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK ....................GC-5:36 5-1.30 RESPONSIBILITY FOR UTILITIES .......................................................GC-5:37 5-1.31 PROPERTY RIGHTS IN MATERIALS ...................................................GC-5:39 5-1.32 COURT ORDERED DELAY......................................................................GC-5:39 5-1.33 NO PERSONAL LIABILITY .....................................................................GC-5:39 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS...........................................GC-5:40 5-1.35 ANTITRUST CLAIMS................................................................................GC-5:40 5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS.................GC-5:40 5-1.37 PAYMENT OF TAXES...............................................................................GC-5:41 5-1.38 GRATUITIES AND CONFLICT OF INTEREST....................................GC-5:42 5-1.39 COOPERATION..........................................................................................GC-5:43 5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS ..........................GC-5:43 5-1.41 CONTRACTOR REGISTRATION...........................................................GC-5:44 5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
RIGHTS-OF-WAY ......................................................................................GC-5:45 SECTION 6: PROSECUTION AND PROGRESS..........................................................GC-6:1 6-1.01 SUBLETTING AND SUBCONTRACTING ...............................................GC-6:1 6-1.02 ASSIGNMENT...............................................................................................GC-6:2 6-1.03 BEGINNING OF WORK..............................................................................GC-6:2 6-1.04 PROGRESS SCHEDULE. ............................................................................GC-6:3 6-1.05 SCHEDULE OF VALUES ............................................................................GC-6:9 6-1.06 CITY’S RIGHT TO STOP WORK ..............................................................GC-6:9 6-1.07 TIME OF COMPLETION ..........................................................................GC-6:11 6-1.08 LIQUIDATED DAMAGES.........................................................................GC-6:12 6-1.09 DELAYS AND EXTENSIONS TO THE WORK......................................GC-6:13 6-1.10 TERMINATION ..........................................................................................GC-6:18 6-1.10A TERMINATION OF AGREEMENT – CONVENIENCE OF CITY..GC-6:18 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE..........................GC-6:21 SECTION 7: ACCEPTANCE AND PAYMENT ............................................................GC-7:1 7-1.01 ACCEPTANCE..............................................................................................GC-7:1 7-1.02 SCOPE OF PAYMENT.................................................................................GC-7:2 7-1.03 NOTICE OF POTENTIAL CLAIM ............................................................GC-7:2 7-1.04 CLAIMS .........................................................................................................GC-7:5 GC – v
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] 7-1.05 DISPUTE RESOLUTION PROCEDURE...................................................GC-7:6 7-1.06 STOP PAYMENT NOTICES .......................................................................GC-7:7 7-1.07 PROGRESS PAYMENTS.............................................................................GC-7:7 7-1.08 PAYMENT FOR MATERIALS AND EQUIPMENT ON HAND.............GC-7:9 7-1.09 RETENTION ON PROGRESS PAYMENTS ...........................................GC-7:11 7-1.10 FINAL PAYMENT .....................................................................................GC-7:12 7-1.11 CLERICAL ERRORS .................................................................................GC-7:14 7-1.12 WARRANTY................................................................................................GC-7:14 7-1.13 WARRANTY OF TITLE ............................................................................GC-7:16 GC – 1:1
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] SECTION 1

DEFINITIONS AND TERMS
1-1.01 GENERAL. When the following abbreviations and terms or pronouns in place of them appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1.
1-1.02 ACCEPTANCE. Formal Acceptance by resolution by the Roseville City Council of the Contract when completed in all respects in accordance with the Contract Documents and any modifications previously approved.
1-1.03 ADDENDUM. Written interpretation or revision to any of the Contract Documents issued by the City before the bid opening.
1-1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS. As-Built Documents, As-Built Drawings and Record Documents are all contract documents modified to reflect changes during the construction phase. Specifically, AsBuilt Documents/Drawings are a revised set of drawings submitted by the Contractor upon Final Completion of a project. They reflect changes made in the Specifications and Working Drawings during the construction process, and show the exact dimensions, geometry, and location of all elements of the work completed under the Contract. Record Documents, on the other hand, are compiled by the Engineer or Architect based on the As-Built Documents/Drawings submitted by the Contractor. They reflect the Engineer or Architect’s concurring review of what changes were denoted, why they were made and where they occurred and create a record set of drawings.
1-1.05 ASSESSMENT. A cost imposed on the Contractor for non-compliance GC – 1:2
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] with certain contractual requirements.
1-1.06 BENEFICIAL OCCUPANCY. The taking possession of a portion of the Work by the City for its use and/or occupancy on other than a temporary or emergency basis. 1-1.07 BID GUARANTY. The cashier’s, certified check, irrevocable standby letter of credit, deposit of securities, or Bidder’s Bond, accompanying the bid submitted by the Bidder, as a guaranty that the Bidder will enter into an agreement with the City for the performance of the Work, if the Agreement is awarded to Bidder, and the Bidder will submit the required Contract Bonds and Certificate of Insurance. Also referred to as the Bidder’s Security. 1-1.08 BIDDER. Individual, firm, partnership, limited liability company, corporation, joint venture, or any combination thereof, submitting a Proposal for the Work, acting directly, or through a duly authorized representative. 1-1.09 BIDDING DOCUMENTS. Includes the Notice to Bidders, Bidding Requirements, Contract Conditions, Drawings, and Addenda. 1-1.10 CHANGE ORDER. Any written order to the Contractor directing an addition, deletion, or modification of the Work, or an adjustment in the Contract Price or Contract Time provided in the Contract Documents and issued after the Agreement has been signed.
1-1.11 CITY. The City of Roseville.
1-1.12 CITY ATTORNEY. The City Attorney of the City.
1-1.13 CITY CLERK. The City Clerk of the City.
1-1.14 CLAIM. A separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (a) a time extension, including, without limitation, for relief for damages or penalties for delay assessed by GC – 1:3
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] the City; (b) payment by the City of money or damages arising from work done by, or on behalf of, Contractor pursuant to the Contract Documents and payment for which is not otherwise expressly provided or to which Contractor is not otherwise entitled; and (c) payment of an amount that is disputed by the City.
1-1.15 CONSTRUCTION SCHEDULE. A list or graphic display of construction activities required for completing the Work, in a format required by the Contract Documents. The duration, start and finish date, and sequence of significant activities, critical path, float and milestones must be indicated in the Construction Schedule. 1-1.16 CONTRACT OR AGREEMENT. The written agreement relating to the Work to be performed, the labor, materials, and equipment to be furnished, and the payment to be made therefor. The Agreement/Contract is part of and incorporates all of the Contract Documents.
1-1.17 CONTRACT CONDITIONS. Includes the General Conditions, Supplemental Conditions, and Specifications.
1-1.18 CONTRACT DOCUMENTS. Includes those documents that form the basis of the Contract, including but not limited to, Bidding Documents, the Bid or Proposal, Contract Bonds, the Contract, all required insurance certificates or endorsements, all bonds, all required certifications or statements, Change Orders, any Contract Amendment, any City Standard which is incorporated by reference and these City of Roseville General Conditions for Buildings and Grounds.
1-1.19 CONTRACT DRAWINGS. The official drawings including plans, elevations, sections, detail drawings, diagrams, plated, General Notes, information and schedules thereon, or exact reproductions thereof, showing the location, character, dimension, and details GC – 1:4
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] of the Work. The Contract Drawings include any drawings or plates bound within the Supplemental Conditions.
1-1.20 CONTRACT PRICE. The total compensation to be paid to the Contractor in accordance with the terms of the Agreement. 1-1.21 CONTRACT TIME. The number of Days, or portion thereof, allowed for completion of the Work, including all authorized time extensions. The effective date for commencement of the Work specified in the Notice to Proceed shall define the beginning of the Contract Time.
1-1.22 CONTRACTOR. Individual, firm, partnership, limited liability company, corporation, joint venture, or any combination thereof, who has entered into the Agreement with City.
1-1.23 DAY OR DAYS. Unless otherwise designated, Day or Days as used in the Contract Documents will be understood to mean calendar Day or Days. 1-1.24 DEPARTMENT. The Department for Contract Administration, as identified in the Supplemental Conditions.
1-1.25 DIRECT COSTS. Those cost items (including labor, materials, equipment and any subcontractor’s work) that are used in the actual performance of, and are specifically and uniquely attributable to the Work or changed Work. Direct Costs do not include Overhead. Direct Costs only include the following:

A. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include salaries and GC – 1:5
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing work after regular working hours, on Saturday, Sunday or legal holidays shall be included in the above only to the extent authorized by City in writing.

B. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and suppliers' field services required in connection therewith. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to City, and Contractor shall make provisions so that they may be obtained.

C. Payments made by Contractor to the subcontractors for work performed by subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine which bids will be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of cost of the work plus a fee, the subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.

D. Costs of special consultants (including engineers, architects, testing laboratories, surveyors, and accountants) employed for services specifically, and only, related to the Work.

E. Supplemental costs including the following:

1. The proportion of necessary transportation, travel and subsistence GC – 1:6
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] expenses of Contractor's employees incurred in discharge of duties connected with the Work.

2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value of such items used but not consumed which remain the property of Contractor.

3. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.

4. Sales, consumer, use or similar taxes related to the Work, and for which Contractor is liable, imposed by laws and regulations.

5. The cost of utilities (including the meter and all associated installation costs), fuel and sanitary facilities at the site.

6. Cost of premiums for additional bonds and insurance required because of changes in the Work.
1-1-26 DIRECTOR. Director of the Department for Contract Administration or his or her designee.
1-1.27 EMERGENCY. Any sudden generally unforeseen occurrence (such as a fire, flood, storm, earthquake, civil disorder, or other natural and/or man-made disaster) that has the potential to adversely affect the safety of life, the Work, and/or adjacent property; to interrupt contracts essential to the performance of the Work; and/or to cause catastrophic failure of City GC – 1:7
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] equipment and/or facilities.
1-1.28 ENGINEER OR ARCHITECT. Professional Engineer or Architect designated for a particular project responsible for signing and sealing the permit drawings, interpretation of the drawings where ambiguities exist, review of requests for information, design Change requests and Shop Drawings, resolution of errors and omissions, and finalization of Record Documents.
1-1.29 FINAL COMPLETION. When the project has been completed according to the terms and conditions set forth in the Contract Documents. Final Completion is not the same as Acceptance.
1-1.30 FORCE ACCOUNT. Payment by force account shall mean payment on the basis of the Contractor’s time and materials.
1-1.31 GENERAL NOTES. The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings and so identified thereon, which pertain to the performance of the Work.
1-1.32 INSTALLATION, INSTALL. Completely assembling, erecting, and/or connecting materials, parts, components, supplies, and related equipment specified or required for the completion of the Work.
1-1.33 LABORATORY. Established professional laboratories authorized by the City to test materials and Work involved in the Contract. 1-1.34 LEGAL HOLIDAYS. Those days designated as Federal holidays or declared by the City, or otherwise specified in the Contract Documents. 1-1.35 LIQUIDATED DAMAGES. The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the GC – 1:8
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Supplemental Conditions. 1-1.36 NOTICE OF COMPLETION. A legal notice filed by the City with the Placer County Recorder’s Office stating that construction has been completed and accepted by the City.
1-1.37 NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run. 1-1.38 NOTICE OF TERMINATION. Written notice from the City to the Contractor and/or its Surety terminating the Agreement, or a portion thereof, either for convenience of the City or for default due to the Contractor’s failure to perform its contractual obligations.
1-1.39 OVERHEAD. Business or administrative expenses (including but not limited to office expenses, administrative staff, rent, insurance, utilities) not chargeable to a particular part of the Work. The term “Overhead” shall include all of the following:

A. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the Work Site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications, all of which are to be considered administrative costs covered by the Contractor's fee.

B. Expenses of Contractor's principal and branch offices other than Contractor's office at the site.

GC – 1:9
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] C. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments.

D. Cost of premiums for all bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except as provided in section 1-1.25.

E. Other overhead or general expense costs of any kind. 1-1.40 PREMISES. Shall mean the area within construction easements, easements, rights of entry and City owned property which surrounds the Work Site, limited by the property lines thereof. In some cases Premises may coincide with the Work Site. 1-1.41 PROFESSIONAL ENGINEER. An engineer licensed by the Board of Registration for Professional Engineers, State of California. 1-1.42 PROJECT MANUAL. A book containing all Contract Documents. 1-1.43 PROPOSAL FORMS. The approved forms upon which the City requires that each Bidder submit its bid with regard to the Agreement. 1-1.44 REQUEST FOR INFORMATION (RFI). A document issued by the Contractor requesting information concerning the Contract Documents. 1-1.45 SAFETY. Includes the practice of identifying potential hazards, assessing their risk, taking corrective action where possible, including and providing control measures such as engineering design, written procedures, and the personal protective equipment for workers in order to eliminate or reduce the risk for exposure in the workplace. 1-1.46 SCHEDULE OF VALUES. The breakdown of the Contract Price that will serve as the basis for Contractor’s Applications of Payment. Any lump sum bid item GC – 1:10
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] included within the Contract Price will be apportioned among values relating to specific components of the Work covered by said lump sum.
1-1.47 SHOP DRAWINGS. Drawings, plans, diagrams, schedules, and other data specifically prepared and submitted to the City by the Contractor, showing in detail: (a) the proposed fabrication and assembly of a special component of the Work; and (b) the Installation (form, fit and attachment details) of a special component of the Work. Shop Drawings shall be deemed to include Working Drawings, Product Data, literature, and applicable performance and test data.
1-1.48 SPECIFICATIONS. The technical Specifications for the Work prepared by the Director or an Engineer or Architect describing in detail the nature of the Work, its components, any performance standards, and how the Work is to be constructed. 1-1.49 SUBCONTRACTOR. Any individual, firm, partnership, limited liability company, corporation, joint venture, or combination thereof, other than employees of the Contractor, engaged by the Contractor to furnish services, labor, equipment and materials for a portion of the Work.
1-1.50 SUBMITTALS. Those documents required to be submitted by the Contractor for review by the City in accordance with the Contract Documents. 1-1.51 SUPPLEMENTAL CONDITIONS. The Supplemental Conditions are specific clauses modifying or supplementing these General Conditions. 1-1.52 SUPPLIER. Any individual, firm, partnership, limited liability company, corporation, joint venture, or combination thereof, other than employees of the Contractor, that supplies a tangible product as a portion of the Work, with services usually limited to delivery and/or required testing, and with manufacturing, fabrication, or production facilities located off GC – 1:11
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] the Work Site.
1-1.53 WORK. The furnishing of all labor, and the furnishing and Installing of all materials, articles, supplies and equipment as specified, designated, or required by the Contract Documents.
1-1.54 WORK SITE. All or portion of the Premises that the Work is limited to as shown on the Contract Drawings or designated by the Director. Public streets are not included unless Work is being done within the street right-of-way. 1-1.55 WORKING DRAWINGS. Original drawings prepared by the Contractor and/or its Subcontractors or Suppliers, of any tier, illustrating Work required for construction that will not become an integral part of the completed Work. This includes, but is not limited to, drawings for temporary structures such as decking, bulkheads, excavation supports, utility support, groundwater control, forming, falsework, access roads, staging areas, staging plans, and diversion plans. A Working Drawing is one type of a Shop Drawing.

GC – 2:1
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] SECTION 2

CONTROL AND SCOPE OF THE WORK
2-1.01 AUTHORITY OF DIRECTOR. The Contract shall be performed in a manner satisfactory to the Director who shall decide all questions which may arise as to the quality or acceptability of materials furnished and Work performed and as to the manner of performance and rate of progress of the Work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. The Director shall have authority to enforce and make effective such decisions and orders in the event the Contractor fails to promptly carry out the same.
2-1.02 INTENT OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe the details for the construction and completion of the Work. Where the Contract Documents describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice shall be followed and that only materials and workmanship of the best quality are to be used. Any Work, materials, or equipment that are customarily provided, or that are reasonably inferable from the Contract Documents as being required to produce the intended result, shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with that meaning. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the Work involved in executing the Contract in a GC – 2:2
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] satisfactory and workmanlike manner.

Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, laws, or regulations in effect on the first published date of the Notice to Contractors, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or City’s designated representative, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to other provisions of the Contract Documents.

The Contract Documents are divided into parts, divisions, sections and articles for convenience, organization and reference. Generally, there has been no attempt to divide the Specifications sections into work performed by the various building trades, work by separate Subcontractors, or work required for separate facilities in the project. 2-1.03 EXAMINATION AND VERIFICATION OF CONTRACT
DOCUMENTS. The Contractor shall thoroughly examine and become familiar with all of the various parts of the Contract Documents and shall determine the nature and location of the Work, the general and local conditions (including applicable laws) and all other matters which can in any way affect the cost, progress or performance of the Work under this Agreement. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of the Agreement. No oral agreement or conversation with any officer, or employee GC – 2:3
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] of the City, or with the City’s designated representative either before or after the execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Contract Documents.
2-1.04 CONTRACT DRAWINGS. The Contract Drawings consist of general drawings and show such plans, elevations, sections, details and schedules as are necessary to give a graphic and pictorial description of the contemplated construction. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.
2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS. All Contract Documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete Work.

In the event of inconsistencies between requirements contained in different components of the Contract Documents, the precedence of the Contract Documents shall be as follows to resolve conflicts:

1. Change Orders

2. The Contract (including Addenda)

3. The Supplemental Conditions

4. Specifications

5. Contract Drawings

6. The General Conditions
Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall submit a GC – 2:4
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Request for Information (“RFI”) to the Director for such further explanations as may be necessary and shall conform to the written explanation given as if part of the Contract Documents. The decisions of the Director shall be final.

Contractor shall anticipate that it will be necessary to prepare and submit RFIs regarding the Contract Documents. The City will respond to each RFI by no later than fourteen (14) Days after receipt of the RFI, unless the RFI is of significant complexity. Furthermore, in the event that there are numerous RFIs pending, Contractor shall cooperate with the City in establishing a priority for responding to the RFIs, and potentially some RFIs may be responded to beyond the fourteen (14) Day period.

Each RFI prepared by Contractor shall be full and complete. Contractor shall prepare RFIs so as to not cause any delay to the progress of the Work and to not cause any impact to Contractor’s labor productivity in the field. Contractor shall not assert any Claims for delay or interference against the City if Contractor fails to timely submit any RFI to the City, after consideration of the response period allowed for by the City.

The response to an RFI shall not, by itself, constitute a writing that authorizes Contractor to perform any Work that causes an adjustment to either the Contract Price or the Contract Time.

If Contractor believes that any response to any RFI should constitute a compensable change, Contractor shall provide a Notice of Potential Claim as provided in Section 7-1.03, below.

Contractor’s failure to provide the required written notice shall constitute a waiver of the Contractor’s right to seek a compensable change based on the RFI response.

The Contractor shall examine all Contract Documents; shall verify all figures in the Contract Documents before laying out the Work; shall promptly notify the City of all errors, inconsistencies, and/or omissions that it discovers; and, in instances where such non- GC – 2:5
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] conformities are discovered, shall obtain specific instructions in writing from the City before proceeding with the Work. Contractor’s performance of any Work affected by such nonconformities prior to the City’s decision shall be at the Contractor's risk. Any Work that is customarily provided or that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents.
2-1.06 INDEPENDENT CONTRACTOR STATUS. The Contractor shall independently perform all Work required by the Contract Documents and shall not be considered as an agent or employee of the City, nor shall the Contractor’s Subcontractors or employees be considered as subagents of the City.

The Contractor and Contractor’s Subcontractors shall be licensed in accordance with the laws of the State of California and as more particularly described in the bidding documents or elsewhere in the Contract Documents.
2-1.07 ORDER OF WORK. When required by the Contract Documents, the Contractor shall follow the sequence of operations set forth therein. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various Contract items of work, and no additional compensation will be allowed therefor. 2-1.08 SUBMITTALS. It shall be the Contractor's responsibility to timely submit, so as to cause no delay in the Work, all Shop Drawings, descriptive data, manuals, instructions, affidavits, samples for the various trades as required by the Supplemental Conditions and Specifications, and offers of alternatives, if any. Such Submittals shall be checked and coordinated by the Contractor with the Work of other trades involved before they are submitted to the Director for examination.

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[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] The Contractor shall deliver at least one (1) electronic copy of the Submittals to the Director, and one (1) hard copy if requested. Work requiring the submittal of working drawings, descriptive data or samples shall not begin prior to approval of said Submittal by the Director.

The time allowed for review of each Submittal will be as indicated in the Supplemental Conditions. Review time will start upon receipt of the Submittal by the Director and will end upon the Director's mailing of the Submittals to the Contractor. Defective, incomplete or partial Submittals will be returned to the Contractor unreviewed.

Submittals shall be made by a letter of transmittal that shall contain a list of all matter submitted and identification of all variations from the Contract Documents contained in the Submittal. The letter and all items accompanying the same shall be fully identified as to project name and location, Contractor's name, district, county, and Contract number, with ample crossreferences to the Contract Documents, to facilitate identification of items and their location in the Work.

All Shop Drawings and supporting data, catalogs, schedules, shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness.

These Submittals may be prepared by the Contractor, Subcontractors, or Suppliers, but the Contractor shall ascertain that Submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of Installation. The Contractor shall check all Submittals before submitting them to the Director. 2-1.08A SHOP DRAWINGS. The Contractor shall submit an electronic copy (searchable PDF) of all Shop Drawings required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. Shop Drawings shall also be provided separately in AutoCAD format using the latest version of AutoCAD. An electronic GC – 2:7
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] copy will be returned to the Contractor either approved for use, as demonstrated by a stamp, or returned for correction and resubmittal. Materials, colors and/or samples will not be returned to the Contractor. Shop Drawings include any drawing, which requires execution by a draftsman as distinguished from printed matter. The size of Shop Drawings shall not exceed twenty-four inches (24”) by thirty-six inches (36”).
2-1.08B DESCRIPTIVE DATA. The Contractor shall submit an electronic copy (searchable PDF) of each set of manufacturer's brochures or other data required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. The City will examine such Submittals and return either an electronic copy or a hard copy approved for use or returned for correction and resubmittal. 2-1.08C SAMPLES. The Contractor shall submit samples of articles, materials or equipment as required by the Supplemental Conditions or Specifications. The Work shall be in accordance with the approved samples. Samples shall be removed from City property when directed or may be incorporated in the Work if approved by the Director. Samples not removed by the Contractor will become the property of the City or, at the City's option, will be removed or disposed of by the City at the Contractor's expense. 2-1.08D MANUALS, INSTRUCTIONS AND AFFIDAVIT.

A. Manuals and Instructions. Where operation and maintenance manuals are required by the Supplemental Conditions, the Contractor shall submit two (2) sets of manuals, suitably bound, along with two (2) electronic copies in an approved format, to the Director within forty-five (45) Days after favorable review of the equipment or facilities. If operation and maintenance manuals are approved to be provided in PDF format, text shall be provided in searchable PDF format, making proper use of PDF for headings and heading levels, GC – 2:8
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] paragraphs, tables, and lists. Submitted operation and maintenance manuals shall be a collected, organized, and indexed set of bookmarked PDF documents comprising each operation and maintenance manual that corresponds to a hardcopy binder. All manuals shall be marked to indicate the specific equipment furnished for this project and shall include at a minimum:

1. Equipment summary form

2. Cover/Title page

3. Table of contents

4. Operating procedures including start-up, shutdown, normal operation, all operating modes, emergency shutdown, and safety precautions

5. Lubrication instructions (if required)

6. Preventative maintenance procedures

7. Troubleshooting and corrective maintenance procedures

8. Reinstallation instructions

9. Overhaul instructions (if applicable)

10. Parts identification list with exploded view and associated cross references

11. Recommended spare parts list

12. Operator safety requirements

13. Electrical and control system wiring drawings, including panel wiring control (ladder) diagrams, logic diagrams, loop diagrams, and interconnection diagrams

14. Panel layout and assembly drawings
GC – 2:9
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

15. Mechanical drawings

16. Printouts of all software programs and configuration files

17. Factory and field test procedures and results
Operation and maintenance manuals for complex equipment shall also include:

18. Alternate specified operating modes

19. Emergency shutdown instructions

20. Normal shutdown instructions

21. Long term shutdown instructions
Operation and maintenance manuals for systems comprised of separate pieces of equipment shall include a system explanation of items 4, 7, 18, 19, 20, and 21 as well as the instructions for the separate pieces of equipment.

B. Affidavits. Where required in the Supplemental Conditions or Specifications, manufacturers of equipment shall provide field service as a part of this project.

Equipment shall not be considered ready for full time operation until after the authorized factorytrained and qualified manufacturer's representative for the specific equipment has checked and adjusted the equipment and certified by written affidavit that the equipment has been properly Installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation.

Acceptable affidavits shall be submitted prior to completion of the Work. Affidavits shall contain the following specific wording:
“The (Name of Equipment) has been properly installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation. The installation has been inspected and has been found to be in conformance with our (the manufacturer's) standards and requirements.”
GC – 2:10
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] No amplification, dilution, or modification of this specific wording will be permitted. 2-1.08E ALTERNATIVES. For convenience in designation in the Contract Documents, certain materials, articles, or equipment may be designated by a brand or a trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as “designated by brand name.” Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, an alternative material, article, or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Contractor complies with the following requirements:

A. The Contractor shall submit its proposal for an alternative in writing. Such request shall be made in ample time to permit review and approval without delaying the Work. The Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price based on any Contractor-proposed substitution.

B. No such proposal will be considered unless accompanied by complete information and descriptive data, necessary to determine the equality of the offered materials. The Contractor shall satisfy the Director as to the comparative quality, suitability, or performance of the offered material, articles, or equipment. In the event that the Director rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished.

C. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and it shall furnish all information necessary as required by the Director. The Director shall be the sole judge as to the quality and suitability of alternative articles or materials and such decisions shall be final. Where use of an alternative material GC – 2:11
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] involves redesign of, or changes to, other parts of the Work, the cost and time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material. Cost of redesign by the City will be borne by the Contractor.

D. Whenever classification, rating or other certification by a body such as Underwriters Laboratories (UL) or the National Electrical Manufacturers Association (NEMA) is a part of the specification for any material, Contractor’s request for use of alternative articles or materials shall be accompanied by reports from the listed or equivalent independent testing Laboratory indicating compliance with the Contract Documents. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any requirement of the Contract Documents.

E. At its election, the City reserves the right to consider any Contractor proposed substitution as a Cost Reduction Proposal under Section 3-1.07 of these General Conditions in the event that there is a significant savings resulting from the substitution.

The Director will examine, with reasonable promptness, such Submittals, and return of Submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the Contract Documents, nor shall it relieve the Contractor from responsibility for errors in the Submittals. A failure by the Contractor to identify in its letter of transmittal material deviations from the Contract Documents shall void the Submittal and any action taken thereon by the Director. When specifically requested by the Director, the Contractor shall resubmit such Shop Drawings, descriptive data and samples as may be required.

If any mechanical, electrical, structural, or other changes are required for the proper Installation and fit of alternative materials, articles, or equipment, or because of deviations from GC – 2:12
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] the Contract, such changes shall not be made without the approval of the Director and shall be made without additional cost to the City.
2-1.09 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE. Unless otherwise stated elsewhere in the Contract Documents, the Contractor shall, at its own cost and expense, make its own arrangements for disposing of materials outside the Work Site.

Except when material is to be disposed of at a landfill or recycling center, when any material is to be disposed of outside the Work Site, the Contractor shall first obtain written permission from the City to dispose of the material at the intended location. The City’s approval will be contingent upon the Contractor obtaining a written permit from the property owner on whose property the disposal is to be made. Prior to the disposal of any material at the intended location, the Contractor shall submit such permit or a certified copy thereof to the City, together with a written release from the property owner absolving the City from any and all responsibility related to the disposal of material on said property.

Disposal of Hazardous Materials must be done in accordance with all laws and regulations. Copies of all required regulatory documentation including copies of final manifests shall be supplied to the City.
2-1.10 ACCESS TO THE WORK. The Contractor shall satisfy itself that the jurisdictions through which its operations and haul routes pass will permit such operations with respect to the type of vehicle, laden weights, frequency and dimensions of loads, hours of operation and required traffic control. All necessary permits, licenses or bonds shall be obtained and paid for by the Contractor.
2-1.11 TEMPORARY UTILITIES. The Contractor shall make its own arrangements with utility companies for any temporary services it may require in performance of GC – 2:13
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] the Work and shall pay all costs of these services directly to these utility organizations. 2-1.12 UTILITY FACILITIES. The Contractor shall protect from damage those utility facilities that are to remain in place, be Installed, relocated or otherwise arranged.

The Contractor’s attention is directed to the possible existence of facilities not shown, and of facilities in a location different from that, which is indicated. The Contractor shall take steps to ascertain the exact location of all facilities prior to doing any Work, which may damage such facilities or interfere with their service. Where the location of a facility is indicated or inferred from the presence of visible facilities such as buildings, meters, and junction boxes, the Contractor shall make such excavations and explorations as are necessary to ascertain the correct location. Unless provided for elsewhere in the Contract Documents, the cost of such excavations and explorations will be considered as a part of the cost of other items of Work and no additional payment will be made. Such excavations and exploratory Work shall not entitle the Contractor to an extension of time.

If the Contractor discovers underground facilities not indicated or inferred from the Contract Documents, the Contractor shall immediately give the Director written notification of the existence of those facilities. The Contractor shall determine the exact location of the underground facilities and the cost of the work will be paid for in accordance with the Contract Documents. The underground facilities shall be protected from damage as directed by the Director and the cost of that work will be paid for as extra work. The Contractor shall, if directed by the Director, repair any damage, which may occur to the underground facilities. The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care, will be paid for as extra work. Damage due to the Contractor’s failure to exercise reasonable care shall be repaired at the Contractor’s cost and expense.

GC – 2:14
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Where it is determined by the City that the rearrangement of an underground facility, the existence of which is not shown on the Contract Drawings, is essential in order to accommodate the Work, the City will provide for the rearrangement of such facility by other forces or, when so ordered by Change Order, such rearrangement shall be performed by the Contractor and will be paid for as provided under a Change Order.

The Contractor shall be responsible for the maintenance of all utility facilities placed by the Contractor in temporary locations, and all utilities within the construction area not required to be relocated but which are required to be shored or supported during the construction period.

The cost of such maintenance shall be borne by the Contractor, and no other compensation shall be due the Contractor for this Work.

The cost of providing and maintaining all necessary or required temporary structures, of making any necessary repairs, replacements, or similar operations, or furnishing indemnity or other bonds, if required, and all costs required by this Section shall be paid by the Contractor and shall be included in the prices bid in the schedule for other items of work. 2-1.13 PRESERVATION AND CLEANING. The Contractor shall clean up the Work at frequent intervals and at other times when directed by the Director. While finish Work is being accomplished, floors, Work areas and finished areas shall be kept clean, free of dust, construction debris and trash. Upon completion of the Work, the Contractor shall remove from the Premises its construction equipment and any waste materials not previously disposed of, leaving the Premises thoroughly clean and ready for final inspection. 2-1.14 LIMITATIONS ON WORK SITE AND PREMISES. The Contractor shall limit its construction operations to the Work Site unless otherwise shown on the Contract Drawings or specified. The Contractor shall perform no operation of any nature over or on the GC – 2:15
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Premises except such operations as are authorized by the Contract Documents or as authorized by the Director.
2-1.15 DUST CONTROL. During the performance of all Work under this Contract, the Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required to carry out proper and efficient measures wherever and whenever dust control is necessary to prevent the operations from producing dust damage and nuisance to persons and property. Any claims resulting from dust damage or nuisance shall be borne solely by the Contractor. The Contractor shall comply with all applicable Air Quality Act requirements.
2-1.16 SANITATION. The Contractor shall provide sanitary facilities for all persons working on the Work.
2-1.17 NIGHT WORK AND NORMAL WORKING HOURS. Normal
working hours at the construction site shall be between the hours of 7:00 a.m. and 7:00 p.m.

Monday through Friday. Legal holidays are excluded. Certain utility connections and street operations are anticipated to require night Work by the Contractor during low usage periods.

The Contractor may also be required to prosecute the Work at night if, at any time, the Director shall deem it necessary for the progress of the Work, or if emergencies arise. The Contractor shall promptly comply with any such requirements made in writing by the Director. The Contractor will also be permitted to Work at night if Contractor satisfies the Director of the need therefor, in order to maintain the required progress or protect the Work from the elements.

Certain activities are required to be performed at night for nominal progress of the Work and/or are specified to be performed at night by other portions of the Supplemental Conditions. When required, ordered, or permitted to Work at night, the Contractor shall provide sufficient and GC – 2:16
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] satisfactory lighting and other facilities therefor. The Contractor shall receive no extra payment for night Work, if specified or if required to be performed during the normal progress of the Work, but compensation shall be considered as having been included in the price stipulated for the Work.

If Contractor performs work during weekends, holidays or any non-normal work hours, Contractor shall pay for required City Inspectors.
2-1.18 LINES AND GRADES. Unless otherwise provided in the Supplemental Conditions, the Contractor shall lay out all Work, including structures and pipelines, and shall be responsible for any errors resulting therefrom. In all questions arising as to proper location of lines and grades, the Director's decision will be final.

As part of the bid price for the construction of the improvements, the Contractor shall provide and be responsible for the layout of all Work on this project. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Contract Drawings and as required for the proper operation and function. The Contractor shall stake its Work area limits. Contractor shall perform all construction staking using a land surveyor licensed in the State of California. Contractor shall provide a staking plan prior to commencement of Work for the City’s review and maintain monuments, stakes, and marks, and shall update the plan as necessary. Director, or Director’s designated representative, may verify the field condition. Errors or inconsistencies in the Contract Documents discovered by the Contractor shall be reported to the Director within twenty-four (24) hours and prior to constructive forms or related improvements. Any work Installed with this requirement shall be subject to removal and replacement at the Contractor’s expense.

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[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] The Contractor's lay-out shall be based on existing structures, property lines, survey control, and bench marks established by the City. All structures and pipeline connections shall be Installed based on actual elevation of existing structures to which connections are made.

The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Director in checking location and grades of the Work as set by the Contractor if the Director desires to perform this checking. This shall include moving materials and equipment located between monuments and the construction Work.
2-1.19 ARCHEOLOGICAL DISCOVERIES. Upon discovery of prehistoric or historic artifacts, or other indicators or examples of cultural resources discovered during the course of site preparation, grading, excavation, construction or other development activities, all operations within fifty feet (50’) of the find shall cease until such time as the City provides the services of a qualified archeologist to evaluate the finds and recommend appropriate action.

Prehistoric materials can include flaked stone tools (e.g., projectile points, knives and choppers) or tool making debris of obsidian, chert, quartzite and other materials, culturally darkened soil (i.e., midden, which often contains heat affected rock, ash and charcoal, shellfish remains, and cultural materials), and stone milling equipment such as mortars, pestles and hand stones. Historic material may include wood, stone, concrete or adobe footings, walls and other structural remains; debris filled wells or privies; and deposits of wood, metal, glass, ceramics and other refuse.
2-1.20 PRESERVATION OF MONUMENTS. Any monuments or bench marks disturbed by construction operations shall be repaired per the City’s standard and promptly re-established by a registered land surveyor or civil engineer. A plat for each monument shall be furnished to the Director after the plat has been recorded with the Placer GC – 2:18
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] County Recorder's Office at no additional cost to the City. The recorded plat shall serve as a record of the re-establishment of said existing survey points. 2-1.21 CONFORMITY WITH CONTRACT DOCUMENTS. Work and
materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, required by the Contract Documents. Although measurement, sampling and testing may be considered evidence as to such conformity, the City shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. At its option, the City may elect to accept deviations from the Contract Documents with appropriate backcharge Assessments against the Contractor, and, if such an election is made, the City will provide written notice to the Contractor of such acceptance. 2-1.22 FINAL CLEANUP. Prior to final Acceptance of the Work, the Contractor shall thoroughly clean the Premises, remove all temporary structures built by or for the Contractor, and remove all equipment and surplus construction material and debris from the area. The entire project, before Acceptance by the City, shall be left in a neat and clean condition. All Work areas and temporary construction areas shall be returned to essentially the same conditions existing before the commencing of project construction. 2-1.23 AS-BUILT DOCUMENTS AND DRAWINGS. The Contractor shall maintain one set of the full size prints furnished by the City and mark thereon in color any deviations from plan dimensions, elevations, or orientations. Also, the Contractor shall locate on said prints, all underground facilities, such as piping, conduits and tanks by accurate field measurement from structure walls, corners, etc. The Contractor shall submit the prints and an electronic CD (searchable PDF or source file format such as AutoCAD) in good condition to the Director upon completion of the job as a condition of Acceptance of the project. Marked prints GC – 2:19
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] shall be updated at least once each week and shall be available to the Director for review as to currency prior to developing partial payment estimates. After the completion of testing, but prior to Acceptance, the Contractor shall submit As-Built electrical drawings in color and an electronic CD showing all components and their wiring, and as specified in the Supplemental Conditions. 2-1.24 SUPERINTENDENCE. The Contractor shall supervise and direct the Work, which shall be performed in accordance with the requirements of the Contract Documents. The Contractor shall be solely responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Agreement. The Contractor shall be solely responsible for the safety of its employees, Subcontractors of any tier, Suppliers, visitors to the Contractor, and other third parties associated with the Contractor.

The Contractor shall designate in writing before starting Work, an authorized representative who shall have the authority to represent and act for the Contractor.

When the Contractor is comprised of two (2) or more persons, firms, partnerships, or corporations functioning on a joint venture basis, said Contractor shall designate in writing before starting Work, the name of one authorized representative who shall have the authority to represent and act for the Contractor. Instances of misconduct, contract non-compliance, unsatisfactory performance, or incompetence by these personnel shall be grounds for the City to direct Contractor to dismiss them from the Project. Contractor shall immediately comply with the City’s request for dismissal, at no cost to the City, and shall designate a replacement, which shall be subject to approval by the City.

Said authorized representative shall be present at the site of the Work at all times while Work is actually in progress on the Contract. When Work is not in progress and during periods GC – 2:20
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] when Work is suspended, arrangements acceptable to the Director shall be made for any Emergency Work that may be required.

Whenever the Contractor or its authorized representative is not present on any particular part of the Work where it may be desired to give direction, orders will be given by the Director, which shall be received and obeyed by the superintendent or foremen who may have charge of the particular Work in reference to which the orders are given.

Any order given by the Director, not otherwise required by the Supplemental Conditions to be in writing, will on request of the Contractor, be given or confirmed by the Director in writing.
2-1.25 CHARACTER OF WORKER. If any Subcontractor or person employed by the Contractor shall appear to the Director to be incompetent or to act in a disorderly or improper manner, he or she shall be removed immediately on the requisition of the Director, and such person shall not again be employed on the Work. 2-1.26 INSPECTION. The Contractor shall at all times permit the Director to inspect the Work or any part thereof. The Contractor shall maintain proper facilities and provide safe access for such inspection by the Director to all parts of the Work, and to the shops where the Work is in preparation. Work shall not be covered up until authorized by the Director and the Contractor shall be solely responsible for notifying the Director where and when such Work is in readiness for inspection and testing. Should any such Work be covered without authorization, it shall, if so ordered, be uncovered at the Contractor's expense.

Unless otherwise designated as normal working hours, whenever the Contractor intends to perform Work on Saturday, Sunday, or a Legal Holiday, the Contractor shall give notice to the Director of such intention forty-eight (48) hours prior to performing such Work, or such longer GC – 2:21
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] period as may be specified so that the Director may make necessary arrangements.

The observation and/or approval of the workmanship or materials by the City shall not relieve the Contractor of any obligations to fulfill the requirements of the Contract Documents.

Workmanship and materials not meeting such requirements shall be corrected and unsuitable Work or material may be rejected, notwithstanding that such Work or materials have been previously observed and/or approved by the City, or payment therefor has been included in a progress estimate.

The City may order re-examination of questioned Work at any time before final Acceptance. If so ordered, the Contractor shall uncover the Work. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removing, recovering and replacing the parts removed; but if such Work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor’s expense. Work that has been covered prior to observation by the City does not qualify as re-examined work; the City may order such work uncovered for observation without payment of any costs.
2-1.27 REMOVAL OF REJECTED AND UNAUTHORIZED WORK. All
Work which has been rejected shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the Director and no compensation will be allowed the Contractor for such removal, replacement, or remedial Work.

Any Work done beyond the lines shown on the Contract Drawings or established by the Director, or any Work done without written authority will be considered as unauthorized Work and will not be paid for. Upon order of the Director, unauthorized Work shall be remedied, removed, or replaced at the Contractor's expense.

GC – 2:22
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Upon failure of the Contractor to comply promptly with any order of the Director made under this section, the Director may cause rejected or unauthorized Work to be remedied, removed, or replaced, and the costs thereof will be deducted from any moneys due or to become due the Contractor.

GC – 3:1
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] SECTION 3

CHANGES IN THE WORK
3-1.01 CHANGES. The Director, without invalidating this Agreement and without notice to Contractor’s surety, may order changes in the Work, consisting of additions or deletions, or other revisions. The Contract Price and the Contract Time shall be adjusted accordingly. All such changes in the Work, including in the Contract Price and the Contract Time, shall be authorized only by Contract Change Order, signed by the Director.

If Contractor claims that performance of any work entitles it to additional compensation or to an extension of time for performance of the Work, Contractor shall provide written notice to the City of any such claim prior to undertaking such work. Contractor shall provide written notice of any anticipated impacts to the Contract Price or Contract Time within three (3) Days of discovering such impact, by submitting a Notice of Potential Claim described in Section 7-1.03 below, or notice of delay as described in Section 6-1.09 below. If the Director refuses to issue a Change Order for such work, Contractor shall perform that work if directed or obligated to do so and shall submit a complete and specific Claim for additional compensation and/or extension of time for performance within fifteen (15) Days after such work is performed, as described in Section 7-1.03 below. Failure to provide written notice of claims prior to undertaking such work, failure to provide a timely Notice of Potential Claim, or failure to submit timely a complete and specific Claim for additional compensation and/or extension of the time for performance, shall be deemed a waiver and abandonment of any such Claim. No Claim, dispute or controversy shall interfere with the progress or performance of the Work and the Contractor shall proceed with the Work as directed by the Director. Failure to so proceed shall amount to a GC – 3:2
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] default under this Agreement.
3-1.02 PROPOSED CHANGE ORDERS. The Contractor will be notified in writing of a proposed Change Order describing the intended change. Within fifteen (15) Days after receipt of a written request, the Contractor shall submit its proposed price to be added or deducted from the Contract Price due to the change and its estimate of the extent of the adjustment in the Contract Time, if any. The Contractor's proposed price to be added to or deducted from the Contract Price shall be supported by a detailed estimate of cost prepared by the Contractor, vendor or Supplier. The Contractor's proposed price submittal shall be accompanied by a statement of the time necessary for the changed Work, together with a description of how this time will be incorporated into the current Construction Schedule. The Contractor shall upon request by the Director permit inspection of its original Contract estimate, subcontract agreements or purchase orders relating to the change.

If agreement is reached on the adjustment in compensation as provided in Section 3-1.05, “Contract Price Adjustment,” of these General Conditions, the Contractor shall proceed with the Work as changed at the agreed price.

If the Contractor and the Director fail to agree as to the adjustment in compensation for the performance of the changed Work, the Contractor, upon written order from the Director, shall proceed immediately with the changed Work and the Contract Price shall be adjusted in accordance with Section 3-1.06, “Force Account Payment,” of these General Conditions.

If the Contractor fails to submit its cost estimate within such fifteen (15) Day period, the Contractor shall commence the Work as changed immediately upon receipt of written order of the Director, and the Contract Price will be adjusted in accordance with the Director's cost estimate for the changed Work.

GC – 3:3
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] 3-1.03 EMERGENCY AND INDETERMINATE TYPE CHANGE
ORDERS. Changes in the Work made necessary by an Emergency, as determined by the Director, or changes of a kind where the extent of the Work cannot be determined until completed, may be authorized by the Director in writing. The Change Order shall state that it is issued pursuant to this Section 3-1.03. Upon receipt of an authorized Change Order or other written order of the Director, the Contractor shall proceed with the ordered Work and the Director will maintain a daily job record containing a detailed summary of all labor, materials and equipment required for the changed Work.

Within fifteen (15) Days after receiving a written request, the Contractor shall submit a detailed estimate of cost for the change and any requested change in Contract Time in the same manner as required for proposed Change Orders in Section 3-1.02 of these General Conditions. 3-1.04 EXECUTED CHANGE ORDER. A Contract Change Order signed by both the Director and the Contractor is an “executed Contract Change Order.” By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the changed Work, including payment for interruption, disruption, acceleration, extended Overhead, delay or any other “impact” claim or “ripple effect” claim.

The Contractor specifically understands and agrees that its execution of the Contract Change Order shall constitute a waiver of any right for the Contractor to claim any additional compensation with respect to the subject matter of the Contract Change Order. 3-1.05 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract Price, the amount of such adjustment shall be determined by one of the following methods, or a combination thereof, as determined by the City and in its sole discretion:

GC – 3:4
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] A. Lump sum. The Contractor and the City may agree on a lump sum amount for the Change Order. At the City’s request, the Contractor will provide pricing for the work. Maximum markups for Contract Change Orders paid for using lump sum pricing shall be paid for in the same manner and in the same amounts as markups for Force Account work, as described in Section 3-1.06 below.

B. Unit Prices. The unit prices set forth in the Contractor’s Schedule of Bid Prices will be utilized where they are applicable and acceptable to the City. The Contractor’s unit prices shall remain firm and shall not be subject to adjustment unless and until the actual quantity of work is increased or decreased by Contract Change Order in an amount greater than twenty-five percent (25%) from the estimated quantity indicated for such item. No markups will be given for Contract Change Orders paid for using unit prices.

Unit prices for new items included in the Contract Change Order but not included in the original bid shall be as mutually agreed upon or, in the absence of agreement, as determined by the City in the same manner as if the work were to be paid for on a Force Account basis, as described in Section 3-1.06 below.

C. Force Account. Where the City and the Contractor are unable to agree on lump sum pricing and if the City does not elect to utilize the unit prices in Contractor’s bid, or such unit prices are not applicable, the changed work will be performed and tracked by the Contractor as Force Account work, as described in Section 3-1.06 below. The City will pay for such work, including markups, properly attributable to the change in accordance with those Force Account provisions.

D. Eliminated Items. The City reserves the right to delete any bid item of Work in its entirety. The City makes no representation that any work under a bid item of Work GC – 3:5
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] will be performed, and all work may be subject to a Contract Change Order that deletes such work. Bid items are distinct and severable from the other bid items, and the Contractor shall not be entitled to any anticipated profit, unabsorbed Overhead, or other indirect expense attributable to the deleted item, except as provided immediately below with regard to Force Account markups on the direct and verifiable costs incurred prior to the City’s order that deletes the work.

Should any bid item of Work be eliminated in its entirety and not accounted for as described immediately above and, in the absence of an executed Contract Change Order covering such elimination, payment will be made to the Contractor for actual direct and verifiable costs incurred in connection with such eliminated bid item if incurred prior to the date of notification in writing by the City of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the City, and if orders for such material cannot be canceled, it will be paid for at the actual direct and verifiable cost to the Contractor. Actual direct costs shall include documented vendor shipping fees, Supplier restocking fees, if applicable, and Contractor handling costs directly related to the eliminated item(s). In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the City so directs, the material shall be returned and the Contractor will be paid for the actual direct cost of charges made by the vendor for returning the material. The actual direct cost of handling returned materials will also be paid for by the City. The actual direct and verifiable costs to be paid by the City as provided herein will be computed in the same manner as if the work were to be paid for on a Force Account basis, including the application of Force Account mark-ups to said costs.
3-1.06 FORCE ACCOUNT PAYMENT. When Work performed pursuant to a GC – 3:6
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Change Order is to be paid for on a Force Account basis, the Contractor’s labor, materials and equipment used in the performance of such Work shall be subject to the approval of the City, and the compensation will be determined as set forth below in this section. 3-1.06A LABOR. The Contractor will be paid an amount based on the actual cost for the workers (including foremen when authorized by the Director) used in the actual and direct performance of the Work. All labor costs associated with Overhead, whether field or home office, are specifically excluded herein, as those labor costs are covered by the below mark-ups. The cost of labor, whether the employer is the Contractor, Subcontractor or other forces, shall include employer payments; assessment of benefits required by lawful labor union collective bargaining agreements; compensation insurance payments; contributions made to the State pursuant to the Unemployment Insurance Code; and for taxes paid to the Federal Government pursuant to the Social Security Act of August 14, 1935, as amended. No labor cost will be recognized at a rate in excess of the wages prevailing in the locality at the time the Work is performed, nor will the use of a labor classification, which would increase the cost, be permitted unless the Contractor establishes to the complete satisfaction of the Director the necessity for payment at a higher rate.
3-1.06B MATERIALS. Only materials furnished by the Contractor and necessarily used in the performance of the Work will be paid for. Such cost of materials may include the costs of procurement, transportation and delivery if necessarily incurred. If a cash or trade discount by the actual supplier is available to the Contractor, it shall be credited to the City.

If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier plus the actual costs, if any, incurred in the GC – 3:7
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] handling of such materials. If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Bid items or the current wholesale price for such materials delivered to the job site, less any discounts as provided herein, whichever is lower. If, in the opinion of the Director, the cost of materials is excessive, or if the Contractor fails to furnish satisfactory evidence of the cost to it from the actual supplier within sixty (60) Days after the date of delivery of the materials or within fifteen (15) Days after Acceptance of the Agreement, whichever occurs first, the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required, less any discounts provided herein. The Department reserves the right to furnish such materials required by the Change Order as it deems advisable, and the Contractor shall have no claim for cost or markups on material furnished by the Department. 3-1.06C EQUIPMENT. The Contractor will be paid an amount based on the actual cost for the use of equipment directly required and approved by the Director in the performance of the changed Work. No payment will be made for time while equipment is inoperative due to breakdowns or on Days when no Work is performed. In addition, the rental time shall include the time required to move the equipment to the Work from the nearest available source of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid. Moving time, loading and transportation costs will only be paid if the equipment is used exclusively on the changed Work during the time between move in and move out. Individual pieces of equipment having a replacement value of One Thousand Dollars ($1000) or less shall be considered to be tools or small equipment, and no payment will be made therefore. For equipment owned, GC – 3:8
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] furnished, or rented by the Contractor, no cost therefore shall be recognized in excess of the equipment rental rates published by Caltrans at the following website address:
http://www.dot.ca.gov/hq/construc/equipmnt.html. Equipment located at a Work Site and utilized on non-Force Account work shall not eligible for standby payment, and shall be charged on a Force Account basis only when solely performing pre-approved Force Account work tasks. 3-1.06D MARKUPS. When a Change Order increases the cost of the Work, the Contractor may add the following maximum markups to its actual costs of labor, materials, or equipment rental:
15 percent for labor;
10 percent for materials; and
5 percent for equipment rental.

The above markups include full compensation, covering the costs of all supervision, bonds, profit, Overhead, and other general expenses not specifically designated as a direct cost in Sections 3-1.06A through 3-1.06C above. The total payment (i.e., direct cost plus applicable markups) shall be deemed to be the actual cost of such work and shall constitute full compensation therefor. The Contractor specifically understands and agrees that such payment shall include any Contractor costs for interruption, disruption, and acceleration, extended Overhead, Change Order management, delay or other “impact” claim or “ripple effect” claim.

When work paid for on a Force Account basis is performed by forces other than the Contractor’s own forces, the maximum allowable mark-ups for the Subcontractors’ costs shall be fifteen percent (15%) for the cost of labor, ten percent (10%) for the cost of materials, and five percent (5%) for the cost of rented equipment. In these situations where the work is being performed by Subcontractors, the Contractor will only be entitled to an additional five percent GC – 3:9
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] (5%) mark-up and will not be entitled to receive the additional mark-ups specified in this section.

When a Change Order decreases the cost of the Work, the reduction in cost shall include a five percent (5%) markup on the estimated cost for furnishing the labor, materials and equipment, which would have been used on such Work, had the Change Order not been issued.

When a Change Order involves both added Work and deleted Work, the markup or markups to be used shall be as follows:

The actual costs of labor, materials, and equipment rental for added and deleted Work shall be calculated separately without adding markups. If the difference between the calculated costs for labor results in an increased cost, a markup of fifteen percent (15%) shall be applied to the increased cost. If the difference between the calculated costs of materials or equipment rental results in an increased cost, a markup of ten percent (10%) and five percent (5%) respectively, shall be applied to the increased costs of materials or equipment rental, as the case may be. If the difference between the calculated costs for labor, materials or equipment rental results in a decreased cost, a markup of five percent (5%) shall be applied to the decreased costs of labor, materials or equipment rental, as the case may be.

Contractor shall not add mark-ups on work performed and billed by City staff nor add mark-ups to successive iterations of proposed Change Order cost proposals returned to Contractor by the City due to incomplete or inaccurate information being originally submitted by the Contractor. If the Contract Price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly. 3-1.06E RECORDS. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a Force Account basis and the costs of other operations.

GC – 3:10
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] From the above records, the Contractor shall furnish the City completed daily extra work reports, on forms acceptable to the City, for each Day’s extra work to be paid for on a Force Account basis. The daily extra work reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, Subcontractor, or other forces. The daily extra work reports shall provide names and identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment, and hours operated. Daily extra work and Force Account reports (actual or claimed) shall be signed by both the City’s and the Contractor’s representatives within twenty-four (24) hours of the performance of the work.

Valid copies of vendor’s invoices shall substantiate material charges. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports. Should said vendor’s invoices not be submitted within sixty (60) Days after the date of delivery of the material or within fifteen (15) Days after the Acceptance of the Agreement, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities, less any discounts.

The City will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the City.

The Contractor’s cost records pertaining to Work paid for on a Force Account basis shall be open to inspection or audit by representatives of the City during the life of the Agreement and for a period of not less than three (3) years after the date of Agreement completion and the GC – 3:11
[[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than sixty (60) Days after the date of Acceptance of the Agreement, the Contractor will be given fifteen (15) Days’ notice of the time when such audit is to begin.
3-1.07 COST REDUCTION PROPOSALS. The City encourages the Contractor to submit Cost Reduction Proposals whenever the Contractor identifies areas and/or instances in which there can be savings to the Work. Contractor may submit to the City, in writing, proposals for modifying the plans, Specifications or other requirements of the Agreement for the sole purpose of reducing the total cost of construction, including the time for completion of the Work. The City may consider such Cost Reduction Proposals and, if accepted, the Agreement will be equitably adjusted. The City has no obligation to consider or accept Cost Reduction Proposals.

GC - 4:1
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] SECTION 4

CONTROL OF MATERIALS
4-1.01 MATERIALS. The Contractor shall furnish all materials required to complete the Work, except materials that are designated in the Supplemental Conditions to be furnished by the City and materials furnished by the City in accordance with Section 3, “Changes in the Work,” of these General Conditions.

Unless otherwise specified in the Supplemental Conditions, materials furnished by the Contractor for incorporation into the Work shall be new. When the quality or kind of materials, articles, or equipment is not particularly indicated, then the quality or kind thereof shall be similar to those that are indicated.

Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.

All materials which do not conform to the requirements of the Contract Documents as determined by the Director, will be rejected whether in place or not. Rejected material shall be removed immediately from the site of the Work, unless otherwise permitted by the Director. No rejected material, the defects of which have been subsequently corrected, shall be used in the Work, unless approval in writing has been given by the Director. Upon failure of the Contractor to comply promptly with any order of the Director made under these provisions, the Director shall have the authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.

Manufacturer's warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the Work, shall be delivered to the Director GC - 4:2
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] before Acceptance of the Contract.

Unless otherwise designated in the Supplemental Conditions or Specifications, materials furnished by the City will be delivered to the job site. Materials furnished by the City that are designated in the Supplemental Conditions as available at locations other than the job site shall be hauled to the site of the Work by the Contractor at its expense, including any necessary loading and unloading that may be involved.

The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the Department for the cost of replacing City-furnished material and such costs may be deducted from any moneys due or to become due the Contractor.
4-1.02 PRODUCT AND REFERENCE STANDARDS. When descriptive catalog designations, including manufacturer's name, product brand name, or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect on the day the Notice to Contractors for the Work is dated, except as may be otherwise stated.

When standards or test designations of the Federal Government, trade societies, or trade associations are referred to in the Contract Documents by specific date of issue, these shall be considered as part of the Contract. When such references do not bear a date of issue, the edition in effect on the day the Notice to Contractors for the Work is dated shall be considered as part of the Contract.
4-1.03 SAMPLING AND TESTING OF MATERIALS. Unless otherwise specified, all tests shall be performed in accordance with the methods used by the State GC - 4:3
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Department of Transportation (Caltrans) and shall be made by the Director or his or her designated representative.

The State Department of Transportation has developed test methods for testing the quality of materials and Work. These test methods are identified by a California Test followed by the serial number. Copies of individual tests are available at the State Department of Transportation Laboratory, Sacramento, California, and will be furnished to interested persons upon request.

Whenever a reference is made in the Supplemental Conditions to a California Test by number, it shall mean the California test in effect on the day the Notice to Contractors for the Work is dated.

Whenever the Supplemental Conditions provide an option between two (2) or more test methods, the Director will determine the test method to be used.

Whenever a Supplemental Condition, manual, or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, shall be furnished to the Director. The manufacturer's test reports shall supplement the inspection, sampling and testing provisions of this Section 4-1.03 and shall not constitute a waiver of the City's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Director may at his or her discretion, select random samples from the lot for testing. Testing specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced Supplemental Conditions and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Director.

When requested by the Director, the Contractor shall furnish, without charge, samples of GC - 4:4
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] all material entering into the Work, and no material shall be used prior to approval by the Director, except as provided in Section 4-1.04, “Certificates of Compliance,” of these General Conditions.

A. Inspection and Access for Testing. The Contractor shall provide safe access for the Director and his or her inspectors to adequately inspect the quality of Work and conformance with the General and Supplemental Conditions. The Contractor shall provide adequate lighting, ventilation, ladders and other protective facilities as may be necessary for the safe performance of inspections.

The Contractor shall submit samples or specimens of such materials to be furnished or used in the Work as the Director may require. The Contractor shall furnish the Director all necessary labor and facilities for such things as excavation in the compacted fill to depths required to take samples.

Inspections, tests, or favorable review by the Director or others shall not relieve the Contractor from its obligations to perform the Work in accordance with the requirements of the Contract Documents.

Work covered without the favorable review or consent of the Director shall, if required by the Director, be uncovered for examination at the Contractor's expense.

If the Engineer, Architect, or Director considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Director's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Director may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of GC - 4:5
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] satisfactory reconstruction. If, however, such Work is not found to be defective and the Work was not covered without favorable review of the Director, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to cover its costs directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate Change Order shall be issued.

Whenever the Contractor varies the period during which Work is carried on each Day, the Contractor shall give due notice to the Director so that proper inspection may be provided. Any Work done in the absence of the Director may be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Director and other agents of the City. Authorized representatives and agents of the Director shall be permitted access to inspect all Work and materials wherever it is required for preparation of progress reports, and the Contractor shall provide proper facilities for such access and inspection.

It is the Contractor's responsibility to supervise the Work and complete the project in accordance with the Contract Documents. In the course of managing that effort, the Contractor shall generate its own punch lists as deemed necessary. The Director may prepare punch lists for the Director's own use in communicating with the Contractor; however, the Director shall be under no obligation to prepare punch lists for the Contractor. In general, the Director will prepare punch lists only after the Contractor has given the Director written notice that the subject Work is completed and tested in accordance with the Contract Documents and is ready for operation and/or use and/or occupancy. Failure of the Director to include an item in a punch list shall not relieve the Contractor of its duty to satisfactorily complete all Work required by the Contract Documents.

GC - 4:6
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Upon Final Completion of the construction Work and request by the Contractor, the Director will conduct a final inspection as a basis for recommending to the City that the Work be accepted.

B. Field and Materials Testing. Where the Supplemental Conditions require Work to be specially field tested or approved, it shall be tested only in the presence of the Director after timely notice of its readiness for inspection and test, and the Work after testing shall be covered up only upon the consent thereto of the Director.

The results of any tests made are for the information of the Director. Regardless of any test results, the Contractor is solely responsible for the quality of workmanship and materials and for compliance with the requirements of the Contract Drawings and Supplemental Conditions.

Except as specifically required under the Supplemental Conditions, all tests by the Director of materials furnished by the Contractor will be done in accordance with commonly recognized standards of national organizations. The Contractor shall furnish such samples of all materials as required by the Director without charge. No material shall be used unless it has been favorably reviewed by the Director.

Where such inspection and testing are to be conducted by an independent Laboratory or agency, the sample or samples of materials to be tested shall be selected by such Laboratory or agency, or the Director, and not by the Contractor.

C. Costs of Testing.

1. Initial Services: The City shall furnish and pay for all initial testing services required by the Contract Documents. When initial tests indicate non-compliance with the Contract Documents, the cost of initial tests associated with that non-compliance will be GC - 4:7
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] deducted by the City from the balance owed the Contractor. The Contractor shall furnish samples of materials for testing as may be required by the Director. Such samples shall be furnished without cost to the City.

2. Retesting: When initial tests indicate non-compliance with the Contract Documents, all subsequent retesting occasioned by the non-compliance shall be performed by the same testing Laboratory and the cost thereof will be deducted by the City from the balance owed the Contractor. Contractor shall be billed for each additional test.

3. Contractor Convenience Testing: Inspection or testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor.

4. Additional Tests and Inspections: When in the opinion of the Director additional tests or inspections are required because of the manner in which the Contractor executes its Work, such tests and inspections shall be paid for by the City, but will be deducted from the Contract Price. Examples of such tests and inspections are tests of materials substituted for previously accepted materials or substituted for specified materials, retests made necessary by failure of material to comply with the requirements of the Specifications, load tests made necessary because of portions of the structure not fully meeting Specifications or plan requirements, etc.
4-1.04 CERTIFICATES OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Supplemental Conditions require that such a Certificate be furnished. In addition, the Director may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all GC - 4:8
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] respects with the requirements of the Supplemental Conditions. A Certificate of Compliance shall be furnished with each lot of such materials delivered to the Work and the lot so certified shall be clearly identified in the Certificate.

All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not.

The Department reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as directed by the Director.

GC - 5:1
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] SECTION 5

LEGAL RELATIONS AND RESPONSIBILITY
5-1.01 LAWS TO BE OBSERVED. The Contractor shall keep informed of and observe, and comply with and cause all of its agents and employees to observe and comply with, all prevailing Federal and State laws, and rules and regulations made pursuant to said Federal and State laws, and county and municipal ordinances, and regulations, which in any way affect the conduct of the Contract. If any conflict arises between provisions of the Contract and any such law above referred to, the Contractor shall notify the Director at once in writing. To the fullest extent allowed by law, the Contractor shall defend, indemnify, and save and hold harmless the City or any of its officers, agents, employees, and volunteers against any claim or liability arising from or based on the violation of any such law, rule, or regulation, whether by itself or its agents or employees.
5-1.02 HOURS OF LABOR. Eight (8) hours labor constitutes a legal Day's work. The Contractor or Subcontractor shall, as a penalty to City, forfeit Twenty-five Dollars ($25) for each worker employed in the execution of the contract by the respective Contractor or Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that Work performed by employees of Contractors in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay, as provided in said GC - 5:2
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Section 1815. In addition, Contractor and/or its Subcontractors may be required to pay double the basic rate of pay for all hours worked in excess of twelve (12) hours in any workday and under other circumstances. (See California Code of Regulations, Title 8, Sections 16100(c)(6) and (16200(a)(3)(F) and applicable Department of Industrial Relations prevailing wage determinations.)
5-1.03 NONDISCRIMINATION.

A. Attention is directed to Labor Code Section 1735, which reads as follows:
“A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.” B. During the performance of this Contract, Contractor and its Subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Contractor and Subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Contractor and Subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Government Code §12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285.0 et seq.) and other applicable State and Federal regulations and City GC - 5:3
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] policies pertaining to nondiscrimination and affirmative action which are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Contractor and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform Work under the agreement. 5-1.04 PREVAILING WAGE. The Contractor and any Subcontractor shall comply with Labor Code Sections 1770 et seq. In accordance with said Section 1775 the Contractor and any Subcontractor under the Contractor shall, as a penalty, forfeit to the state or City not more than $200 for each calendar day or portion thereof, for each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the work or craft in which such worker is employed for under the Contract by the Contractor or by any Subcontractor under the Contractor.

The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (a) whether the failure to pay the correct rate of per diem wages was a good-faith mistake and, if so, whether the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor; and (b) whether the Contractor or Subcontractor has a prior record of failing to meet its prevailing wage obligations.

The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the Contractor or Subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor.

GC - 5:4
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Contractor or Subcontractor has been assessed penalties within the previous three (3) years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.

The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1 of the Labor Code.

If the amount due under this section is collected from the Contractor or Subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code against the Contractor or Subcontractor shall be satisfied before applying that amount to the penalty imposed on that Contractor or Subcontractor pursuant to this section.

The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for an abuse of discretion.

In addition to said penalty, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by the Contractor or Subcontractor.

If a worker employed by a Subcontractor on a public works project is not paid the general prevailing per diem wages by the Subcontractor, the Contractor is not liable for any penalties described above unless the Contractor had knowledge of that failure of the Subcontractor to pay GC - 5:5
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements:

1. The contract executed between the Contractor and the Subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1776, 177.5, 1813, and 1815 of the Labor Code.

2. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subcontractor to the employees, by periodic review of the certified payroll records of the Subcontractor.

3. Upon become aware of the Subcontractor’s failure to pay its workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the Subcontractor for work performed on the public works project.

4. Prior to making final payment to the Subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to its employees on the public works project and any amount due pursuant to 1813 of the Labor Code.

Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within fifteen (15) Days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a Subcontractor on that public works project to pay workers the general prevailing rate per diem wages.

Pursuant to the provisions of California Labor Code Section 1773, the City has obtained GC - 5:6
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] the general prevailing rate of wages applicable to the categories of workers the City anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday, and holiday Work.

The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned or, if no collective bargaining applies, those holidays identified in Government Code Section 6700.

These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm, which is incorporated herein as a part of this Contract.

Pursuant to Labor Code Section 1773.2, the general prevailing wage rates set forth above, which forms a part of this Contract, shall be posted by the Contractor at a prominent place at the site of the Work.

Pursuant to Labor Code Section 1773.6 and California Code of Regulations Section 16204, Title 8, changes in general prevailing wage determinations shall apply to the project only if issued by the Director of Industrial Relations prior to the City’s bid issuance date.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its Bid, and will not under any circumstances be considered as the basis of a claim against the City or Contract.

When both California and Federal prevailing wage rates apply, the Contractor and any Subcontractors shall pay their workers the higher of the two rates. The Contractor and any Subcontractors shall insert this clause in any lower tier contract. 5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID.

GC - 5:7
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a Contractor or Subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contractor for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5.
5-1.06 PAYROLL RECORDS. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by its Subcontractors.

A. The Contractor and each Subcontractor shall keep accurate and current payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by it in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Section 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

B. The payroll records enumerated under subdivision (A) shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following GC - 5:8
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] basis:

1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

2. A certified copy of all payroll records enumerated in subdivision (A) shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. The City reserves the right to withhold any progress payments to the Contractor in the event of noncompliance with the subsection.

3. A certified copy of all payroll records enumerated in subdivision (A) shall be made available upon request by the public for inspection or for copies thereof.

However, a request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor.

C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

D. Each Contractor shall file a certified copy of the records enumerated in subdivision (A) with the entity that requested the records within ten (10) Days after receipt of a written request.

E. Any copy of the records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or GC - 5:9
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] obliterated to prevent disclosure of an individual's name, address and social security number.

The name and address of the Contractor awarded the Contract or Subcontractor performing the Contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent the disclosure of an individual’s name and social security number. A joint labor-management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labormanagement committee reasonable attorneys’ fees and costs incurred in maintaining the action.

An action under this subdivision may not be based on the employer’s misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this section.

F. The Contractor shall inform the City of the location of the records enumerated under subdivision (A), including the street address, city and county, and shall, within five (5) business days, provide a notice of a change of location and address.

G. The Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice requesting the records enumerated in subdivision (A). In the event that the Contractor or Subcontractor fails to comply within the ten (10) Day period, the Contractor shall, as a penalty to the State or City, forfeit twenty-five ($25) Dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any progress payment or final payment then due. A contractor GC - 5:10
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.
5-1.07 SAFETY REQUIREMENTS. It is the intent of the parties that the City is not an exposing, creating, controlling, or correcting employer under California Labor Code Section 6400. In accordance with generally accepted construction practices and State law, the Contractor shall have the authority and be solely and completely responsible for conditions on the Work Site, including safety of all persons and property during performance of the Work.

Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce Work Site safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and violations are abated. The Contractor is responsible for assuring that all Subcontractors adhere to the minimum Cal/OSHA safety requirements and that each Subcontractor has an effective Cal/OSHA IIPP (Illness and Injury Prevention Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.

The Contractor shall designate a safety officer and have in place a health and safety plan in accordance with the laws of State of California and conduct safety meetings and document them in accordance with the law. The Contractor shall have the safety record available for inspection during working hours and shall submit job site safety meeting reports with each Application for Payment.

Prior to Contractor commencing construction project work on City property, Contractor GC - 5:11
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] shall make available copies of its Health and Safety Plan (HASP) that meets or exceeds applicable Cal/OSHA regulations. The Contractor’s HASP shall also meet or exceed the requirements of any applicable City-wide or departmental specific Injury and Illness Prevention Programs (IIPP) and other HASP programs, procedures, and plans. Potentially applicable HASP programs, procedures, and plans include, but are not limited to, the following:

1. Bloodborne Pathogens Exposure Control Plan;

2. Confined Space Entry Procedure;

3. Electrical Safety Program (Lockout/Tagout);

4. Emergency Action Plans (Site Specific);

5. Fire Prevention Plans (Site Specific);

6. Hazardous Waste Operations Emergency Response Plan (or Equivalent);

7. Hazard Communication Program (SDS’s and Right-to-Know training);

8. Heat Illness & Prevention Plan;

9. Hearing Conservation Program;

10. Hot Work/Welding Procedure;

11. Job Hazard Analyses/Standard Operating Procedures;

12. Traffic Control & Flagging;

13. Excavation/Dig Safe Procedure;

14. Fall Protection Plan;

15. Personal Protective Equipment Plan;

16. Respirable Crystalline Silica Exposure Control Plan;

17. Respirator Program;

18. Soils Management Plan (for contaminated soils); and GC - 5:12
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019]

19. Transite (Asbestos) Pipe Work Procedure.

Additionally, Contractor shall be responsible for complying with all City-wide and departmental specific safety requirements as identified in the Supplemental Conditions or presented at a pre-construction meeting.

Contractor shall inform City in advance of the quantity of chemical(s) to be used for the project and the total quantity of chemical(s) that will be brought onto City property. In addition, Contractor shall provide City with one copy of the Safety Data Sheet (SDS) for each chemical expected to be used to complete the project and for each chemical brought to the Work Site, regardless of whether such chemicals are ultimately used for the project.

All Work and materials shall be in strict accordance with all applicable State, City, County, and Federal Rules, Regulations, and Codes, and attention is drawn to the requirements of Cal/OSHA. The Contractor shall be solely responsible for compliance with all City, County and State blasting requirements and for any damages caused by its operations.

GC - 5:13
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] To ensure compliance with California Labor Code Section 6705, the Contractor shall submit to the City, at least five (5) Days in advance of excavation of any trench five feet (5’) or more in depth, Working Drawings to the Director showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such Working Drawings vary from the shoring system standards established by the Cal/OSHA Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared and signed by a registered civil or structural engineer in the State of California. This in no way relieves the Contractor from the requirement of maintaining safety in all operations performed by the Contractor or the Contractor's Subcontractors and nothing in this section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Cal/OSHA Construction Safety Orders of the Division of Industrial Safety Contractor’s Working Drawings shall be subject to approval insofar as the details affect the character of the finished Work and for compliance with design requirements applicable to the construction when specified or called for, but details of the design will be left to Contractor who shall be responsible for the successful construction of the Work. The City shall approve Working Drawings before any Work involving such drawings is performed. Approval and/or acceptance by the City or its designated agent only constitutes acknowledgment of the submission and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submissions, applicability to areas of intended use, nor implementation of the plans, which are solely the responsibility of the Contractor and its registered engineer.

The Contractor shall perform its Work as not to expose personnel to, or to discharge into the atmosphere from any source whatever, smoke, dust, asbestos, toxic chemicals or other air GC - 5:14
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction and shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limitation, payment of any fines or penalties levied against the City by any agency as a result of such release and shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any claims arising from such release.

For purposes of this section only, the term “claims” shall include:

1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees, or charges imposed by any governmental agency with jurisdiction; and

2. Any claim, cause of action, or administrative or judicial proceeding brought against the City, its officers, agents, employees, and volunteers for any loss, cost (including reasonable attorneys’ fees), damage or liability, sustained or suffered by any person or entity, including the City.

If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state, and local laws, at the expense of the Contractor.

The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results of any tests conducted on the wastes, and, at its cost, to perform additional tests or examine those wastes, prior to disposition. The Contractor shall defend, indemnify, and save and hold harmless the City, its GC - 5:15
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] officers, agents, employees, and volunteers from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by the Contractor. Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of required regulatory documentation including copies of final manifests shall be supplied to the City.

Contractors or Subcontractors removing one hundred or more square feet (100') of asbestos must be “Certified” in accordance with State law. All Work involving exposure to asbestos and all other hazardous materials shall be performed with protection of personnel in compliance with all applicable regulations and safety requirements including, but not limited to, California Code of Regulations Section 1529, Title 8.

Nothing in these General Conditions is to be construed to permit Work not conforming to governing codes. When Contract Documents differ from governing codes, the Contractor shall furnish and Install the higher standards called for without extra charge. 5-1.08 SUBSURFACE EXCAVATIONS, NOTIFICATION. The Contractor shall contact the regional notification center, “Underground Service Alert,” and schedule its Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities. Without limiting the foregoing, the Contractor’s attention is directed to Government Code Sections 4216 to 4216.9, and in particular Section 4216.2. 5-1.09 PUBLIC SAFETY. The Contractor shall assume all responsibility for public safety during the performance of its Work, and all costs arising therefrom shall be included in the Contract Price. Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs, and other devices and take such other protective measures as are GC - 5:16
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County, or local agency that owns the right-of-way.

The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, all safety and first aid requirements prescribed by all applicable Federal, State, and local laws and regulations, rules, and orders. The Work shall be done in a safe manner; and the Contractor shall safeguard the safety and health of its employees, Subcontractors, and the people of local communities. The Contractor shall also be reasonable for ensuring that its Subcontractors comply with the provisions of this section.

Upon the failure of the Contractor to comply with any of the requirements of this section, the City shall have the authority, but not the duty, to stop the Work until such failure is remedied.

The Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price due to any such suspensions.

When required by the Contract Documents, the Contractor shall construct, maintain, and remove detours for use of public traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions.

The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public traffic.

Due care shall be exercised to avoid injury to existing improvements or facilities, utility GC - 5:17
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] facilities, adjacent property and trees, shrubs, and other plants that are not to be removed.

Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and Install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the Work Site, or as good as required by the Contract Documents if any such objects are part of the Work. The City may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor, and the costs may be deducted from any monies due or to become due to the Contractor under the Agreement.

The fact that any underground facilities is not shown on the Contract Drawings shall not relieve the Contractor of its responsibility pursuant to “Utility Facilities” in Section 2-1.12 elsewhere in the Contract Documents. It shall be the Contractor’s responsibility, pursuant thereto, to ascertain the location of such underground improvements or facilities, which may be subject to damage by reason of its operations.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the Work involved in protecting or repairing property as specified in this section, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor. 5-1.10 EMERGENCIES. In an Emergency affecting the safety of life, the GC - 5:18
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] Work, or adjoining property, the Contractor, without special instructions or authorization from the City, shall act at its discretion to prevent such threatened loss or injury. In such an Emergency, the Contractor may perform such additional work as is reasonably required. Any compensation claimed by the Contractor on account of Work performed to an Emergency shall be determined in accordance with the provisions relating to Force Account payment contained elsewhere in the Contract Documents.
5-1.11 APPRENTICES. Attention is directed to Labor Code Sections 1777.5, 1777.6 and 1777.7 and Title 8, California Code of Regulations Section 200 et seq. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, a provided therein. The Contractor shall require each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to fully comply with Sections 1777.5 and 1777.6 of the Labor Code. To insure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or Subcontractor should, where some questions exist, contact the Division of Apprenticeship Standards, , or one of its branch offices prior to commencement of Work on the public works Contract. Responsibility for compliance with this section lies with the prime Contractor.

It is State and City policy to encourage the employment and training of apprentices on public works Contracts as may be permitted under local apprenticeship standards. 5-1.12 FAIR LABOR STANDARDS ACT. Attention is invited to the fact that the City has been advised by the Wage and Hour Division, U.S. Department of Labor, that Contractors engaged in construction Work are required to meet the provisions of the Fair Labor Standards Act of 1958 and as amended (52 Stat. 1060).

GC - 5:19
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] 5-1.13 WORKERS' COMPENSATION. Pursuant to the requirements of Labor Code Section 1860, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Labor Code Section 3700.

Prior to the commencement of Work, the Contractor shall sign and file with the Director a certification in the following form:
“I am aware of the provisions of Labor Code Section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statues, specified in Government Code Section 11017.

In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the project shall comply with the applicable material requirements of the applicable Air Quality Management District. All containers of solvent, paint, thinner, curing compound, or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements.

Unless otherwise provided in the Supplemental Conditions, material to be disposed of shall not be burned, either inside or outside the Premises.

The Contractor shall also comply with all rules, regulations, statutes and ordinances GC - 5:20
[E:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 4/11/2019] regarding asbestos removal and disposal, including but not limited to, 42 U.S.C. Sections 7401, 7412 and 7601, 40 C.F.R. Part 61, Subpart M, and California Code of Regulations Section 1529, Title 8.

Roseville City CouncilMay 18, 2022

Roseville City Council
May 18, 2022