Roseville City Council
March 15, 2023

47.225
Position Code Position  Title Allocated FTE
FIR480071001 Administrative  Assistant 1
FIR480084001 Administrative  Technician 1
FIR480480001 Assistant  Fire Chief 1
FIR481645001 Department  Public Information Officer 1
FIR482415001 EMS  Quality Assurance Coordinator 1
FIR480905007 Fire  Battalion Chief 1
FIR480905006 Fire  Battalion Chief 1
FIR480905004 Fire  Battalion Chief 1
FIR480905003 Fire  Battalion Chief 1
FIR480905002 Fire  Battalion Chief 1
FIR480905001 Fire  Battalion Chief 1
FIR480905005 Fire  Battalion Chief  1
FIR483320030 Fire  Captain 1
FIR483320029 Fire  Captain 1
FIR483320028 Fire  Captain 1
FIR483320027 Fire  Captain 1
FIR483320026 Fire  Captain 1
FIR483320025 Fire  Captain 1
FIR483320024 Fire  Captain 1
FIR483320023 Fire  Captain 1
FIR483320022 Fire  Captain 1
FIR483320021 Fire  Captain 1
FIR483320020 Fire  Captain 1
FIR483320019 Fire  Captain 1
FIR483320018 Fire  Captain 1
FIR483320017 Fire  Captain 1
FIR483320016 Fire  Captain 1
FIR483320015 Fire  Captain 1
FIR483320014 Fire  Captain 1
FIR483320013 Fire  Captain 1
FIR483320012 Fire  Captain 1
FIR483320011 Fire  Captain 1
FIR483320010 Fire  Captain 1
FIR483320009 Fire  Captain 1
FIR483320008 Fire  Captain 1
FIR483320007 Fire  Captain 1
FIR483320006 Fire  Captain 1
FIR483320005 Fire  Captain 1
FIR483320004 Fire  Captain 1
FIR483320003 Fire  Captain 1
FIR483320002 Fire  Captain 1
FIR483320001 Fire  Captain 1
FIR483330001 Fire  Chief 1
FIR483332002 Fire  Division Chief 1
FIR483332001 Fire  Division Chief 1
FIR483340030 Fire  Engineer 1
FIR483340029 Fire  Engineer 1
FIR483340028 Fire  Engineer 1
FIR483340027 Fire  Engineer 1
FIR483340026 Fire  Engineer 1
FIR483340025 Fire  Engineer 1
FIR483340024 Fire  Engineer 1
FIR483340023 Fire  Engineer 1
FIR483340022 Fire  Engineer 1
FIR483340021 Fire  Engineer 1
FIR483340020 Fire  Engineer 1
FIR483340019 Fire  Engineer 1
FIR483340018 Fire  Engineer 1
FIR483340017 Fire  Engineer 1
FIR483340016 Fire  Engineer 1
FIR483340015 Fire  Engineer 1
FIR483340014 Fire  Engineer 1
FIR483340013 Fire  Engineer 1
FIR483340012 Fire  Engineer 1
FIR483340011 Fire  Engineer 1
FIR483340010 Fire  Engineer 1
FIR483340009 Fire  Engineer 1
FIR483340008 Fire  Engineer 1
FIR483340007 Fire  Engineer 1
FIR483340006 Fire  Engineer 1
FIR483340005 Fire  Engineer 1
FIR483340004 Fire  Engineer 1
FIR483340003 Fire  Engineer 1
FIR483340002 Fire  Engineer 1
FIR483340001 Fire  Engineer 1
FIR481022001 Fire  and Environmental Inspection Supervisor 1 FIR483377005 Fire  and Environmental Safety Inspector I/II 1 FIR483377004 Fire  and Environmental Safety Inspector I/II 1 FIR483377003 Fire  and Environmental Safety Inspector I/II 1 FIR483377002 Fire  and Environmental Safety Inspector I/II 1 FIR483377001 Fire  and Environmental Safety Inspector I/II 1 FIR483355036 Firefighter  Paramedic I/II 1
FIR483355035 Firefighter  Paramedic I/II 1
FIR483355034 Firefighter  Paramedic I/II 1
FIR483355033 Firefighter  Paramedic I/II 1
FIR483355032 Firefighter  Paramedic I/II 1
FIR483355031 Firefighter  Paramedic I/II 1
FIR483355030 Firefighter  Paramedic I/II 1
FIR483355029 Firefighter  Paramedic I/II 1
FIR483355028 Firefighter  Paramedic I/II 1
FIR483355027 Firefighter  Paramedic I/II 1
FIR483355026 Firefighter  Paramedic I/II 1
FIR483355025 Firefighter  Paramedic I/II 1
FIR483355024 Firefighter  Paramedic I/II 1
FIR483355023 Firefighter  Paramedic I/II 1
FIR483355022 Firefighter  Paramedic I/II 1
FIR483355021 Firefighter  Paramedic I/II 1
FIR483355020 Firefighter  Paramedic I/II 1
FIR483355019 Firefighter  Paramedic I/II 1
FIR483355018 Firefighter  Paramedic I/II 1
FIR483355017 Firefighter  Paramedic I/II 1
FIR483355016 Firefighter  Paramedic I/II 1
FIR483355015 Firefighter  Paramedic I/II 1
FIR483355014 Firefighter  Paramedic I/II 1
FIR483355013 Firefighter  Paramedic I/II 1
FIR483355012 Firefighter  Paramedic I/II 1
FIR483355011 Firefighter  Paramedic I/II 1
FIR483355010 Firefighter  Paramedic I/II 1
FIR483355009 Firefighter  Paramedic I/II 1
FIR483355008 Firefighter  Paramedic I/II 1
FIR483355007 Firefighter  Paramedic I/II 1
FIR483355006 Firefighter  Paramedic I/II 1
FIR483355005 Firefighter  Paramedic I/II 1
FIR483355004 Firefighter  Paramedic I/II 1
FIR483355003 Firefighter  Paramedic I/II 1
FIR483355002 Firefighter  Paramedic I/II 1
FIR483355001 Firefighter  Paramedic I/II 1
FIR483412001 GIS  Analyst I/II 1
FIR480050001 Management  Analyst I/II 1
FIR484957001 Office  Assistant I/II 1
Total for Department: FIR  Fire Department 120
Position Code Position  Title Allocated FTE
HRD280071001 Administrative  Assistant 1
HRD280484001 Assistant  Human Resources Director 1
HRD283596003 Human  Resources Analyst I/II 1
HRD283596002 Human  Resources Analyst I/II 1
HRD283596001 Human  Resources Analyst I/II 1
HRD283598001 Human  Resources Director 1
HRD283599001 Human  Resources Manager 1
HRD285235008 Human  Resources Technician 1
HRD285235007 Human  Resources Technician 1
HRD285235006 Human  Resources Technician 1
HRD285235005 Human  Resources Technician 1
HRD285235004 Human  Resources Technician 1
HRD285235003 Human  Resources Technician 1
HRD285235002 Human  Resources Technician 1
HRD285235001 Human  Resources Technician 1
HRD286450001 Risk  Manager 1
HRD287178002 Senior  Human Resources Technician 1
HRD287178001 Senior  Human Resources Technician 1
Total for Department: HRD  Human
Resources
Department
18 Position Code Position  Title Allocated FTE
ITD320084001 Administrative  Technician 1
ITD329558002 Assistant  Information Technology Director 1 ITD329558001 Assistant  Information Technology Director 1 ITD321362012 Business  Systems Analyst I/II 1
ITD321362011 Business  Systems Analyst I/II 1
ITD321362010 Business  Systems Analyst I/II 1
ITD321362009 Business  Systems Analyst I/II 1
ITD321362008 Business  Systems Analyst I/II 1
ITD321362007 Business  Systems Analyst I/II 1
ITD321362006 Business  Systems Analyst I/II 1
ITD321362005 Business  Systems Analyst I/II 1
ITD321362004 Business  Systems Analyst I/II 1
ITD321362003 Business  Systems Analyst I/II 1
ITD321362002 Business  Systems Analyst I/II 1
ITD321362001 Business  Systems Analyst I/II 1
ITD321180001 Chief  Information Officer 1
ITD321552007 Database  Analyst I/II 1
ITD321552006 Database  Analyst I/II 1
ITD321552005 Database  Analyst I/II 1
ITD321552004 Database  Analyst I/II 1
ITD321552003 Database  Analyst I/II 1
ITD321552002 Database  Analyst I/II 1
ITD321552001 Database  Analyst I/II 1
ITD323625001 Information  Security Administrator 1
ITD323794013 Information  Technology Analyst I/II 1
ITD323794012 Information  Technology Analyst I/II 1
ITD323794010 Information  Technology Analyst I/II 1
ITD323794009 Information  Technology Analyst I/II 1
ITD323794007 Information  Technology Analyst I/II 1
ITD323794006 Information  Technology Analyst I/II 1
ITD323794005 Information  Technology Analyst I/II 1
ITD323794002 Information  Technology Analyst I/II 1
ITD323794001 Information  Technology Analyst I/II 1
ITD329542001 Information  Technology Client Services Supervisor 1 ITD323602005 Information  Technology Program Manager 1
ITD323602004 Information  Technology Program Manager 1
ITD323602003 Information  Technology Program Manager 1
ITD323602002 Information  Technology Program Manager 1
ITD323602001 Information  Technology Program Manager 1
ITD323618003 Information  Technology Technician I/II 1
ITD323618002 Information  Technology Technician I/II 1
ITD323618001 Information  Technology Technician I/II 1
ITD320050001 Management  Analyst I/II 1
ITD321089003 Security  Analyst I/II 1
ITD321089002 Security  Analyst I/II 1
ITD321089001 Security  Analyst I/II 1
ITD327130003 Senior  Business Systems Analyst 1
ITD327130002 Senior  Business Systems Analyst 1
ITD327130001 Senior  Business Systems Analyst 1
ITD327145001 Senior  Database Analyst 1
ITD327149003 Senior  Information Technology Technician 1 ITD321091007 Systems  Architect 1
ITD321091006 Systems  Architect 1
ITD321091005 Systems  Architect 1
ITD321091004 Systems  Architect 1
ITD321091003 Systems  Architect 1
ITD321091002 Systems  Architect 1
ITD321091001 Systems  Architect 1
Total for Department: ITD  Information
Technology
Department
58*
*7 positions will be eliminated after promotion process has been completed Position Code Position  Title Allocated FTE
PAC181645001 Department  Public Information Officer 1
PAC181659001 Deputy  City Manager 1
CMO143451001 Government  Relations Administrator 1
PAC184517002 Marketing  and Communication Analyst I/II 1 PAC184517001 Marketing  and Communication Analyst I/II 1 PAC181108001 Public  Affairs and Communication Manager 1 PAC188426001 Video  and Multimedia Technician  1
Total for Department: PAC  Public Affairs
and Communications
7 Position Code Position  Title Allocated FTE
POL440071001 Administrative  Assistant 1
POL440100003 Animal  Control Officer 1
POL440100002 Animal  Control Officer 1
POL440100001 Animal  Control Officer 1
POL440110001 Animal  Control Supervisor 1
POL441430004 Communications  Supervisor 1
POL441430003 Communications  Supervisor 1
POL441430002 Communications  Supervisor 1
POL441430001 Communications  Supervisor 1
POL441380010 Community  Services Officer I/II 1
POL441380009 Community  Services Officer I/II 1
POL441380008 Community  Services Officer I/II 1
POL441380007 Community  Services Officer I/II 1
POL441380006 Community  Services Officer I/II 1
POL441380005 Community  Services Officer I/II 1
POL441380004 Community  Services Officer I/II 1
POL441380003 Community  Services Officer I/II 1
POL441380002 Community  Services Officer I/II 1
POL441380001 Community  Services Officer I/II 1
POL441475002 Crime  Analyst 1
POL441475001 Crime  Analyst 1
POL441645001 Department  Public Information Officer 1
POL441700021 Dispatcher  I/II 1
POL441700020 Dispatcher  I/II 1
POL441700019 Dispatcher  I/II 1
POL441700018 Dispatcher  I/II 1
POL441700017 Dispatcher  I/II 1
POL441700016 Dispatcher  I/II 1
POL441700015 Dispatcher  I/II 1
POL441700014 Dispatcher  I/II 1
POL441700013 Dispatcher  I/II 1
POL441700012 Dispatcher  I/II 1
POL441700011 Dispatcher  I/II 1
POL441700010 Dispatcher  I/II 1
POL441700009 Dispatcher  I/II 1
POL441700008 Dispatcher  I/II 1
POL441700007 Dispatcher  I/II 1
POL441700006 Dispatcher  I/II 1
POL441700005 Dispatcher  I/II 1
POL441700004 Dispatcher  I/II 1
POL441700003 Dispatcher  I/II 1
POL441700002 Dispatcher  I/II 1
POL441700001 Dispatcher  I/II 1
POL440050001 Management  Analyst I/II 1
POL445400003 Police  Captain 1
POL445400002 Police  Captain 1
POL445400001 Police  Captain 1
POL445410001 Police  Chief 1
POL445420007 Police  Lieutenant 1
POL445420006 Police  Lieutenant 1
POL445420005 Police  Lieutenant 1
POL445420004 Police  Lieutenant 1
POL445420003 Police  Lieutenant 1
POL445420002 Police  Lieutenant 1
POL445420001 Police  Lieutenant 1
POL445430125 Police  Officer/Police Trainee 1
POL445430124 Police  Officer/Police Trainee 1
POL445430123 Police  Officer/Police Trainee 1
POL445430122 Police  Officer/Police Trainee 1
POL445430121 Police  Officer/Police Trainee 1
POL445430120 Police  Officer/Police Trainee 1
POL445430119 Police  Officer/Police Trainee 1
POL445430118 Police  Officer/Police Trainee 1
POL445430117 Police  Officer/Police Trainee 1
POL445430116 Police  Officer/Police Trainee 1
POL445430115 Police  Officer/Police Trainee 1
POL445430114 Police  Officer/Police Trainee 1
POL445430113 Police  Officer/Police Trainee 1
POL445430112 Police  Officer/Police Trainee 1
POL445430111 Police  Officer/Police Trainee 1
POL445430110 Police  Officer/Police Trainee 1
POL445430109 Police  Officer/Police Trainee 1
POL445430108 Police  Officer/Police Trainee 1
POL445430107 Police  Officer/Police Trainee 1
POL445430106 Police  Officer/Police Trainee 1
POL445430105 Police  Officer/Police Trainee 1
POL445430104 Police  Officer/Police Trainee 1
POL445430103 Police  Officer/Police Trainee 1
POL445430102 Police  Officer/Police Trainee 1
POL445430101 Police  Officer/Police Trainee 1
POL445430100 Police  Officer/Police Trainee 1
POL445430099 Police  Officer/Police Trainee 1
POL445430098 Police  Officer/Police Trainee 1
POL445430097 Police  Officer/Police Trainee 1
POL445430096 Police  Officer/Police Trainee 1
POL445430095 Police  Officer/Police Trainee 1
POL445430094 Police  Officer/Police Trainee 1
POL445430093 Police  Officer/Police Trainee 1
POL445430092 Police  Officer/Police Trainee 1
POL445430091 Police  Officer/Police Trainee 1
POL445430090 Police  Officer/Police Trainee 1
POL445430089 Police  Officer/Police Trainee 1
POL445430088 Police  Officer/Police Trainee 1
POL445430087 Police  Officer/Police Trainee 1
POL445430086 Police  Officer/Police Trainee 1
POL445430085 Police  Officer/Police Trainee 1
POL445430084 Police  Officer/Police Trainee 1
POL445430083 Police  Officer/Police Trainee 1
POL445430082 Police  Officer/Police Trainee 1
POL445430081 Police  Officer/Police Trainee 1
POL445430080 Police  Officer/Police Trainee 1
POL445430079 Police  Officer/Police Trainee 1
POL445430078 Police  Officer/Police Trainee 1
POL445430077 Police  Officer/Police Trainee 1
POL445430076 Police  Officer/Police Trainee 1
POL445430075 Police  Officer/Police Trainee 1
POL445430074 Police  Officer/Police Trainee 1
POL445430073 Police  Officer/Police Trainee 1
POL445430072 Police  Officer/Police Trainee 1
POL445430071 Police  Officer/Police Trainee 1
POL445430070 Police  Officer/Police Trainee 1
POL445430069 Police  Officer/Police Trainee 1
POL445430068 Police  Officer/Police Trainee 1
POL445430067 Police  Officer/Police Trainee 1
POL445430066 Police  Officer/Police Trainee 1
POL445430065 Police  Officer/Police Trainee 1
POL445430064 Police  Officer/Police Trainee 1
POL445430063 Police  Officer/Police Trainee 1
POL445430062 Police  Officer/Police Trainee 1
POL445430061 Police  Officer/Police Trainee 1
POL445430060 Police  Officer/Police Trainee 1
POL445430059 Police  Officer/Police Trainee 1
POL445430058 Police  Officer/Police Trainee 1
POL445430057 Police  Officer/Police Trainee 1
POL445430056 Police  Officer/Police Trainee 1
POL445430055 Police  Officer/Police Trainee 1
POL445430054 Police  Officer/Police Trainee 1
POL445430053 Police  Officer/Police Trainee 1
POL445430052 Police  Officer/Police Trainee 1
POL445430051 Police  Officer/Police Trainee 1
POL445430050 Police  Officer/Police Trainee 1
POL445430049 Police  Officer/Police Trainee 1
POL445430048 Police  Officer/Police Trainee 1
POL445430047 Police  Officer/Police Trainee 1
POL445430046 Police  Officer/Police Trainee 1
POL445430045 Police  Officer/Police Trainee 1
POL445430044 Police  Officer/Police Trainee 1
POL445430043 Police  Officer/Police Trainee 1
POL445430042 Police  Officer/Police Trainee 1
POL445430041 Police  Officer/Police Trainee 1
POL445430040 Police  Officer/Police Trainee 1
POL445430039 Police  Officer/Police Trainee 1
POL445430038 Police  Officer/Police Trainee 1
POL445430037 Police  Officer/Police Trainee 1
POL445430036 Police  Officer/Police Trainee 1
POL445430035 Police  Officer/Police Trainee 1
POL445430034 Police  Officer/Police Trainee 1
POL445430033 Police  Officer/Police Trainee 1
POL445430032 Police  Officer/Police Trainee 1
POL445430031 Police  Officer/Police Trainee 1
POL445430030 Police  Officer/Police Trainee 1
POL445430029 Police  Officer/Police Trainee 1
POL445430028 Police  Officer/Police Trainee 1
POL445430027 Police  Officer/Police Trainee 1
POL445430026 Police  Officer/Police Trainee 1
POL445430025 Police  Officer/Police Trainee 1
POL445430024 Police  Officer/Police Trainee 1
POL445430023 Police  Officer/Police Trainee 1
POL445430022 Police  Officer/Police Trainee 1
POL445430021 Police  Officer/Police Trainee 1
POL445430020 Police  Officer/Police Trainee 1
POL445430019 Police  Officer/Police Trainee 1
POL445430018 Police  Officer/Police Trainee 1
POL445430017 Police  Officer/Police Trainee 1
POL445430016 Police  Officer/Police Trainee 1
POL445430015 Police  Officer/Police Trainee 1
POL445430014 Police  Officer/Police Trainee 1
POL445430013 Police  Officer/Police Trainee 1
POL445430012 Police  Officer/Police Trainee 1
POL445430011 Police  Officer/Police Trainee 1
POL445430010 Police  Officer/Police Trainee 1
POL445430009 Police  Officer/Police Trainee 1
POL445430008 Police  Officer/Police Trainee 1
POL445430007 Police  Officer/Police Trainee 1
POL445430006 Police  Officer/Police Trainee 1
POL445430005 Police  Officer/Police Trainee 1
POL445430004 Police  Officer/Police Trainee 1
POL445430003 Police  Officer/Police Trainee 1
POL445430002 Police  Officer/Police Trainee 1
POL445430001 Police  Officer/Police Trainee 1
POL445429001 Police  Property and Evidence Supervisor 1 POL441094004 Police  Property and Evidence Technician I/II 1 POL441094003 Police  Property and Evidence Technician I/II 1 POL441094002 Police  Property and Evidence Technician I/II 1 POL441094001 Police  Property and Evidence Technician I/II 1 POL445440010 Police  Records Clerk I/II 1
POL445440009 Police  Records Clerk I/II 1
POL445440008 Police  Records Clerk I/II 1
POL445440007 Police  Records Clerk I/II 1
POL445440005 Police  Records Clerk I/II 1
POL445440004 Police  Records Clerk I/II 1
POL445440003 Police  Records Clerk I/II 1
POL445440002 Police  Records Clerk I/II 1
POL445440001 Police  Records Clerk I/II 1
POL445494004 Police  Scene Technician I/II 1
POL445494003 Police  Scene Technician I/II 1
POL445494002 Police  Scene Technician I/II 1
POL445494001 Police  Scene Technician I/II 1
POL445470017 Police  Sergeant 1
POL445470016 Police  Sergeant 1
POL445470015 Police  Sergeant 1
POL445470014 Police  Sergeant 1
POL445470013 Police  Sergeant 1
POL445470012 Police  Sergeant 1
POL445470011 Police  Sergeant 1
POL445470010 Police  Sergeant 1
POL445470009 Police  Sergeant 1
POL445470008 Police  Sergeant 1
POL445470007 Police  Sergeant 1
POL445470006 Police  Sergeant 1
POL445470005 Police  Sergeant 1
POL445470004 Police  Sergeant 1
POL445470003 Police  Sergeant 1
POL445470002 Police  Sergeant 1
POL445470001 Police  Sergeant 1
POL445489002 Police  Services Administrator 1
POL445489001 Police  Services Administrator 1
POL441039001 Police  Social Services Practitioner 1
POL445657001 Public  Safety Program Coordinator 1
POL445748002 Records  Supervisor 1
POL445748001 Records  Supervisor 1
POL441092002 Senior  Police Records Clerk  1
POL441092001 Senior  Police Records Clerk  1
Total for Department: POL  Police
Department
223
Position Code Position  Title Allocated FTE
PRL580071001 Administrative  Assistant 1
PRL580084008 Administrative  Technician 1
PRL580084007 Administrative  Technician 1
PRL580084006 Administrative  Technician 1
PRL580084005 Administrative  Technician 1
PRL580084004 Administrative  Technician 1
PRL580084003 Administrative  Technician 1
PRL580084002 Administrative  Technician 1
PRL580084001 Administrative  Technician 1
PRL588302001 Aquatics  Maintenance Technician 1
PRL588300001 Arborist  Technician 1
PRL581225012 Child  Care Site Coordinator 1
PRL581225011 Child  Care Site Coordinator 1
PRL581225010 Child  Care Site Coordinator 1
PRL581225009 Child  Care Site Coordinator 1
PRL581225008 Child  Care Site Coordinator 1
PRL581225007 Child  Care Site Coordinator 1
PRL581225006 Child  Care Site Coordinator 1
PRL581225005 Child  Care Site Coordinator 1
PRL581225004 Child  Care Site Coordinator 1
PRL581225003 Child  Care Site Coordinator 1
PRL581225002 Child  Care Site Coordinator 1
PRL581225001 Child  Care Site Coordinator 1
PRL581645002 Department  Public Information Officer 1
PRL581101001 Graphic  Designer 0.75
PRL585075001 Irrigation  Technician 1
PRL585075002 Irrigation  Technician  1
PRL584152007 Librarian  I/II 0.5
PRL584152005 Librarian  I/II 1
PRL584152004 Librarian  I/II 1
PRL584152003 Librarian  I/II 1
PRL584152002 Librarian  I/II 1
PRL584152001 Librarian  I/II 1
PRL584210005 Library  Assistant I/II 1
PRL584210003 Library  Assistant I/II 1
PRL584210002 Library  Assistant I/II 1
PRL584210001 Library  Assistant I/II 1
PRL584250003 Library  Technician 1
PRL584250002 Library  Technician 1
PRL584250001 Library  Technician 1
PRL580050002 Management  Analyst I/II 1
PRL580050001 Management  Analyst I/II 1
PRL584517001 Marketing  and Communication Analyst I/II 1 PRL589545001 Natural  Resources Specialist I/II 1
PRL584872003 Natural  Resources Worker  I/II 1
PRL584872002 Natural  Resources Worker  I/II 1
PRL584872001 Natural  Resources Worker  I/II 1
PRL584957009 Office  Assistant I/II 1
PRL584957006 Office  Assistant I/II 1
PRL584957003 Office  Assistant I/II 1
PRL584957002 Office  Assistant I/II 1
PRL585022002 Park  Development Project Manager I/II 1
PRL585022001 Park  Development Project Manager I/II 1
PRL581106001 Park  Planning and Development Manager 1
PRL585080023 Parks  Maintenance Worker I/II 1
PRL585080022 Parks  Maintenance Worker I/II 1
PRL585080021 Parks  Maintenance Worker I/II 1
PRL585080020 Parks  Maintenance Worker I/II 1
PRL585080019 Parks  Maintenance Worker I/II 1
PRL585080018 Parks  Maintenance Worker I/II 1
PRL585080017 Parks  Maintenance Worker I/II 1
PRL585080016 Parks  Maintenance Worker I/II 1
PRL585080015 Parks  Maintenance Worker I/II 1
PRL585080014 Parks  Maintenance Worker I/II 1
PRL585080013 Parks  Maintenance Worker I/II 1
PRL585080012 Parks  Maintenance Worker I/II 1
PRL585080011 Parks  Maintenance Worker I/II 1
PRL585080010 Parks  Maintenance Worker I/II 1
PRL585080009 Parks  Maintenance Worker I/II 1
PRL585080008 Parks  Maintenance Worker I/II 1
PRL585080007 Parks  Maintenance Worker I/II 1
PRL585080006 Parks  Maintenance Worker I/II 1
PRL585080004 Parks  Maintenance Worker I/II 1
PRL585080003 Parks  Maintenance Worker I/II 1
PRL585080002 Parks  Maintenance Worker I/II 1
PRL585080001 Parks  Maintenance Worker I/II 1
PRL581278006 Parks  Project Technician 1
PRL581278005 Parks  Project Technician 1
PRL581278004 Parks  Project Technician 1
PRL581278003 Parks  Project Technician 1
PRL581278002 Parks  Project Technician 1
PRL581278001 Parks  Project Technician 1
PRL589543011 Parks  Recreation and Libraries Coordinator I/II 1 PRL589543010 Parks  Recreation and Libraries Coordinator I/II 1 PRL589543009 Parks  Recreation and Libraries Coordinator I/II 1 PRL589543007 Parks  Recreation and Libraries Coordinator I/II 1 PRL589543006 Parks  Recreation and Libraries Coordinator I/II 1 PRL589543005 Parks  Recreation and Libraries Coordinator I/II 1 PRL589543004 Parks  Recreation and Libraries Coordinator I/II 1 PRL589543003 Parks  Recreation and Libraries Coordinator I/II 1 PRL589543002 Parks  Recreation and Libraries Coordinator I/II 1 PRL589543001 Parks  Recreation and Libraries Coordinator I/II 1 PRL589543008 Parks  Recreation and Libraries Coordinator I/II  1 PRL585082001 Parks  Recreation and Libraries Director 1 PRL589547003 Parks  Recreation and Libraries Manager 1
PRL589547002 Parks  Recreation and Libraries Manager 1
PRL589547001 Parks  Recreation and Libraries Manager 1
PRL589546005 Parks  Recreation and Libraries Superintendent 1 PRL589546004 Parks  Recreation and Libraries Superintendent 1 PRL589546003 Parks  Recreation and Libraries Superintendent 1 PRL589546002 Parks  Recreation and Libraries Superintendent 1 PRL589546001 Parks  Recreation and Libraries Superintendent 1 PRL585069004 Parks  Supervisor 1
PRL585069003 Parks  Supervisor 1
PRL585069002 Parks  Supervisor 1
PRL585069001 Parks  Supervisor 1
PRL588304006 Recreation  Leader 1
PRL588304005 Recreation  Leader 1
PRL588304004 Recreation  Leader 1
PRL588304003 Recreation  Leader 1
PRL588304002 Recreation  Leader 1
PRL588304001 Recreation  Leader 1
PRL589544009 Recreation  and Library Supervisor 1
PRL589544008 Recreation  and Library Supervisor 1
PRL589544007 Recreation  and Library Supervisor 1
PRL589544006 Recreation  and Library Supervisor 1
PRL589544005 Recreation  and Library Supervisor 1
PRL589544004 Recreation  and Library Supervisor 1
PRL589544003 Recreation  and Library Supervisor 1
PRL589544002 Recreation  and Library Supervisor 1
PRL589544001 Recreation  and Library Supervisor 1
PRL583733001 Senior  Interpretive Services Specialist 1 PRL587154001 Senior  Natural Resources Worker 1
PRL581119001 Senior  Park Development Project Manager 1 PRL587192006 Senior  Parks Maintenance Worker 1
PRL587192005 Senior  Parks Maintenance Worker 1
PRL587192004 Senior  Parks Maintenance Worker 1
PRL587192003 Senior  Parks Maintenance Worker 1
PRL587192002 Senior  Parks Maintenance Worker 1
PRL587201001 Senior  Tree Trimmer 1
PRL581504002 Tree  Trimmer I/II 1
PRL581504001 Tree  Trimmer I/II 1
PRL581107001 Turf  and Sports Field Technician  1
PRL588762001 Urban  Forester 1
PRL581641004 Youth  Development Program Coordinator 1
PRL581641003 Youth  Development Program Coordinator 1
PRL581641002 Youth  Development Program Coordinator 1
PRL581641001 Youth  Development Program Coordinator 1
Total for Department: PRL  Parks Recreation
and Libraries
137.25
Position Code Position  Title Allocated FTE
PWD620088001 Associate/Assistant  Transportation Planner 1 PWD620071001 Administrative  Assistant 1
PWD620084006 Administrative  Technician 0.75
PWD620084005 Administrative  Technician 1
PWD620084003 Administrative  Technician 1
PWD620084002 Administrative  Technician 1
PWD620084001 Administrative  Technician 1
PWD620090001 Alternative  Transportation Manager 1
PWD621005011 Associate  (PE)/Assistant/Junior Engineer 1 PWD621005010 Associate  (PE)/Assistant/Junior Engineer 1 PWD621005009 Associate  (PE)/Assistant/Junior Engineer 1 PWD621005008 Associate  (PE)/Assistant/Junior Engineer 1 PWD621005007 Associate  (PE)/Assistant/Junior Engineer 1 PWD621005006 Associate  (PE)/Assistant/Junior Engineer 1 PWD621005005 Associate  (PE)/Assistant/Junior Engineer 1 PWD621005004 Associate  (PE)/Assistant/Junior Engineer 1 PWD621005003 Associate  (PE)/Assistant/Junior Engineer 1 PWD621005002 Associate  (PE)/Assistant/Junior Engineer 1 PWD621005001 Associate  (PE)/Assistant/Junior Engineer 1 PWD620088003 Associate/Assistant  Transportation Planner 1 PWD621032006 Building  Maintenance Worker I/II 1
PWD621032005 Building  Maintenance Worker I/II 1
PWD621032004 Building  Maintenance Worker I/II 1
PWD621032003 Building  Maintenance Worker I/II 1
PWD621032002 Building  Maintenance Worker I/II 1
PWD621032001 Building  Maintenance Worker I/II 1
PWD621401001 Community  Relations Analyst 1
PWD621485005 Custodian 1
PWD621485004 Custodian 1
PWD621485003 Custodian 1
PWD621485002 Custodian 1
PWD621485001 Custodian 1
PWD621025001 Custodian  Supervisor 1
PWD622385004 Electronics  Technician I/II/III 1
PWD622385003 Electronics  Technician I/II/III 1
PWD622385002 Electronics  Technician I/II/III 1
PWD622385001 Electronics  Technician I/II/III 1
PWD621277001 Engineering  Manager 1
PWD621350001 Engineering  Technician I/II 1
PWD622560004 Equipment  Serviceworker 1
PWD622560003 Equipment  Serviceworker 1
PWD622560002 Equipment  Serviceworker 1
PWD622560001 Equipment  Serviceworker 1
PWD624321001 Facilities  Supervisor 1
PWD623319001 Fleet  Management Technician 1
PWD621113001 Fleet  Services Parts Buyer 1
PWD622565001 Fleet  Services Supervisor 1
PWD622214001 GIS  Technician I/II 1
PWD620050002 Management  Analyst I/II 1
PWD620050001 Management  Analyst I/II 1
PWD624501010 Mechanic  I/II 1
PWD624501009 Mechanic  I/II 1
PWD624501008 Mechanic  I/II 1
PWD624501007 Mechanic  I/II 1
PWD624501006 Mechanic  I/II 1
PWD624501005 Mechanic  I/II 1
PWD624501004 Mechanic  I/II 1
PWD624501003 Mechanic  I/II 1
PWD624501002 Mechanic  I/II 1
PWD624501001 Mechanic  I/II 1
PWD624957007 Office  Assistant I/II 0.5
PWD624957006 Office  Assistant I/II 1
PWD624957005 Office  Assistant I/II 1
PWD624957004 Office  Assistant I/II 1
PWD624957003 Office  Assistant I/II 1
PWD624957002 Office  Assistant I/II 1
PWD624957001 Office  Assistant I/II 1
PWD625519001 Preventative  Maintenance Supervisor 1
PWD625560003 Project  Coordinator 1
PWD625560002 Project  Coordinator 1
PWD625560001 Project  Coordinator 1
PWD621069001 Project  Supervisor 1
PWD625635001 Public  Works Director 1
PWD621087002 Public  Works Manager 1
PWD621087001 Public  Works Manager 1
PWD627119001 Senior  Building Maintenance Worker 1
PWD627170001 Senior  Electronic Technician 1
PWD627142003 Senior  Engineer 1
PWD627142002 Senior  Engineer 1
PWD627142001 Senior  Engineer 1
PWD627189002 Senior  Mechanic 1
PWD627189001 Senior  Mechanic 1
PWD627187006 Senior  Street Maintenance Worker 1
PWD627187005 Senior  Street Maintenance Worker 1
PWD627187004 Senior  Street Maintenance Worker 1
PWD627187003 Senior  Street Maintenance Worker 1
PWD627187002 Senior  Street Maintenance Worker 1
PWD627187001 Senior  Street Maintenance Worker 1
PWD621073001 Street  Maintenance Manager  1
PWD627522003 Street  Maintenance Supervisor 1
PWD627522002 Street  Maintenance Supervisor 1
PWD627522001 Street  Maintenance Supervisor 1
PWD627530019 Street  Maintenance Worker I/II 1
PWD627530018 Street  Maintenance Worker I/II 1
PWD627530017 Street  Maintenance Worker I/II 1
PWD627530016 Street  Maintenance Worker I/II 1
PWD627530015 Street  Maintenance Worker I/II 1
PWD627530014 Street  Maintenance Worker I/II 1
PWD627530013 Street  Maintenance Worker I/II 1
PWD627530012 Street  Maintenance Worker I/II 1
PWD627530011 Street  Maintenance Worker I/II 1
PWD627530010 Street  Maintenance Worker I/II 1
PWD627530009 Street  Maintenance Worker I/II 1
PWD627530008 Street  Maintenance Worker I/II 1
PWD627530007 Street  Maintenance Worker I/II 1
PWD627530006 Street  Maintenance Worker I/II 1
PWD627530005 Street  Maintenance Worker I/II 1
PWD627530004 Street  Maintenance Worker I/II 1
PWD627530003 Street  Maintenance Worker I/II 1
PWD627530002 Street  Maintenance Worker I/II 1
PWD627530001 Street  Maintenance Worker I/II 1
PWD627540005 Street  Sweeper Operator 1
PWD627540004 Street  Sweeper Operator 1
PWD627540003 Street  Sweeper Operator 1
PWD627540002 Street  Sweeper Operator 1
PWD627540001 Street  Sweeper Operator 1
PWD622376003 Traffic  Signal Maintenance Worker I/II 1
PWD622376002 Traffic  Signal Maintenance Worker I/II 1
PWD622376001 Traffic  Signal Maintenance Worker I/II 1
PWD621110001 Transit  Operations Supervisor 1
PWD621052001 Transportation  Grants Analyst 1
PWD621111001 Transportation  Technician I/II 1
PWD628940001 Vehicle  Maintenance Servicewriter 1
PWD628952001 Warehouse  Worker I/II 1
Total for Department: PWD  Public Works 123.25
Total for All Departments Allocated  FTE
1327.975*
* 7 positions will be eliminated after promotion process has been completed

COUNCIL COMMUNICATION
CC #:
2588
File #:
0800-03 & 0201-01
Title:

Electric Department Fiscal Year 2022-23 Mid-year - Budget Adjustment Contact:

Joanna Cucchi 916-746-1609 [email protected]

Meeting Date: 3/15/2023
Item #: 6.18.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt an ordinance approving a mid-year budget
adjustment to the Electric Fund that increases operating and capital budgets by $1,454,620, with offsetting decreases in the capital project budgets by $4,944,882, resulting in a net increase to the Electric Fund's available fund balance of $3,490,262.

BACKGROUND
The Electric Department has experienced a wide variety of budget changes in FY2022-23, and a budget adjustment proposing multiple adjustments is requested as detailed below:

Power Plant operating costs - $1,000,000
Supplying electricity to Roseville Electric customers occurs in two general ways: purchasing from energy markets or using the City's power plants to generate it. Electric’s Power Supply division regularly analyses and updates forecasts to determine which manner is most cost effective. With the recent volatility in the energy markets, it has become more cost effective to generate electricity. The additional run-time for the Roseville Energy Park and RPP2 facilities has and will increase the maintenance and chemical costs. Based on the Power Supply division’s January 2023 forecast, the budget adjustment requests an increase of $1,000,000 for the Power Plant operating budget to fund the planned operation of power generation facilities through the end of FY2022-23.

Contractor for land acquisitions - $48,500
The Electric Department has identified two properties to acquire to increase the efficient maintenance and reliability of the electric distribution system. The first property supports the Church Street Alley project, which requires the acquisition of three easements in a private alley.

The second property supports the Vernon Substation Rehabilitation project and is adjacent to the substation.

Based on Professional Services Agreements with Paragon Partners for property acquisition services, the budget adjustment requests an increase of $48,500 to the Electric Administration operating budget.

Capital Improvement Project adjustments - ($4,538,762)
The Electric Department's capital improvement plan is continuously assessed for completions, cancellations, or changes in the cash flows. During the most recent review of all capital projects, three major funding changes have been identified:

Cancelled projects to be defunded - ($4,200,719)
Roseville Energy Park Electric Boiler – originally planned to make starting up the generators after stops more efficient, but with recent changes in how the California energy market functions, improving the start-up efficiency no longer has the benefit determined at the start of the project. The project is cancelled and the balance of $1,962,841 will be defunded.

Roseville Energy Park Steam Turbine Enclosure CIP - originally planned to cover the steam turbine to provide protection from weather, but providing an appropriate enclosure has been accomplished through operating costs, so the capital effort for a permanent enclosure will be revisited later and the project is cancelled and the balance of $2,237,878 will be defunded.

Completed projects to be defunded - ($544,163)
Sierra Vista Substation
Fiddyment KY4A Transformer Addition
Roseville Energy Park Gas Turbine Controls

Completed and ongoing projects requiring increase/decrease in budget authority - $206,120 Berry Disconnect Switch Project requires an additional $6,120 of budget authority to close Roseville Energy Park Zero Liquid Discharge System – increase of $200,000 in budget authority
Electric Relay Replacement – decrease budget $200,000
60kV Reconductor – increase of $200,000 in budget authority

FISCAL IMPACT
Approval of the ordinance will result in a budget adjustment that will decrease the FY2022-23 budget authority and increase the Electric Fund available fund balance by $3,490,262.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of a budget adjustment meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Joanna Cucchi, Interim Electric Finance Administrator
Daniel Beans, Electric Utility Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Ordinance 6626
Budget Adjustment
ORDINANCE NO. 6626

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2022-23

BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY

EFFECTIVE AS AN APPROPRIATION MEASURE

THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2022-23, is hereby amended as listed on the attached budget adjustment for midyear adjustments to the Electric Fund.

SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.

SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville, this ______________ day of _________________, 2023, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:
_______________________________
MAYOR
ATTEST:

__________________________
City Clerk

COUNCIL COMMUNICATION
CC #:
2587
File #:
0400-04-04 & 0201-01
Title:

North Central Roseville Specific Plan Roadway Improvement Project - Budget Adjustment
Contact:

Karen Vences 916-774-5412 [email protected]

Meeting Date: 3/15/2023
Item #: 6.19.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt an ordinance approving a budget adjustment in the amount of $1,200,000 from the North Central Community Facilities District (NCCFD) No. 1 Fund to increase the expenditure budget for the Roseville Parkway Widening and Pleasant Grove Boulevard Triple Lefts Project (North Central Roseville Specific Plan (NCRSP) Roadway Improvement Project) in order to finalize the design and environmental phase of the project.

BACKGROUND
With the formation of the NCCFD in 1990, properties within the district have been paying a special tax for the funding of "pay as you go" improvements within the boundary of the district. The NCCFD has funded many improvements within the district including roads and water, sewer, and electrical systems. The NCCFD bonds matured on September 1, 2017 and the remaining funds were to be used for eligible public improvements projects within the NCCFD boundary. At their December 20, 2017 meeting, City Council authorized allocation of the remaining NCCFD funds to the prioritized improvements listed below:

1. Roseville Parkway Widening from Creekside Ridge Drive to East Gibson Drive

2. Pleasant Grove Boulevard Triple Lefts at Roseville Parkway

These improvements were to be combined into a single project (NCRSP Roadway Improvement Project) to widen Roseville Parkway from Creekside Ridge Drive to East Gibson Drive from three lanes in each direction to four lanes, and increase the number of left turn lanes from southbound Pleasant Grove Boulevard onto eastbound Roseville Parkway from two to three lanes. This section of the Roseville Parkway corridor experiences heavy traffic congestion on a daily basis due in part to popular shopping and dining destinations in the area.

At the January 10, 2018 meeting, Council approved the allocation of all remaining NCCFD funds (balance of $5,828,030.94) to the NCRSP Roadway Improvement Project. With the FY2020-21 adopted budget, $1,000,000 was appropriated to the project and design was started. The recommended budget adjustment is needed to finalize the design of the project. Allocation of the remaining NCCFD fund balance is anticipated to appropriate to the project with approval of the FY2023-24 budget and those funds will be used for construction (staff will return to Council to award construction). However, this budget adjustment is needed now to finalize the design currently underway. Construction is anticipated to begin in 2024.

FISCAL IMPACT
The requested budget adjustment in the amount of $1,200,000 will cover staff costs and professional services for completion of the project design. The remaining NCCFD fund balance is anticipated to appropriate to the project with approval of the FY2023-24 budget. If deemed necessary, the most likely source of additional funding for the construction contract will be Traffic Mitigation Fees, which would be requested at the time of construction award. No General Fund resources will be used for this project.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of a budget adjustment meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Karen Vences, Assistant Engineer
Jason Shykowski, Public Works Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Ordinance 6625
Budget Adjustment Signed
Location Map
ORDINANCE NO. 6625

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2022-23

BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY

EFFECTIVE AS AN APPROPRIATION MEASURE

THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2022-23, is hereby amended as listed on the attached budget adjustment for the North Central Roseville Specific Plan Roadway Improvement project.

SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.

SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2023, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

I80E
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HWY 65 S
HWY 65 N

WASHINGTON BL

ROSEVILLEPW

INDUSTRIAL AV

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FOOTHILLS
BL

LEAD HILL BL

JUNCTION BL

HARDING
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BERRY ST
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ATLANT
IC ST

EUREKA RD

GIBSON DR

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HALLISSYDR

VERNON ST

CHURCH ST

MAIN ST

HIGHLAND PARK DR

ROCKYRIDGE DR

FAIRWAY DR
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YOSEMITE ST

PLEASANT GROVE BL

TRESTLE RD

ATKINSON ST
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N GRANT ST
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ROSEVILLE PW
Project Locations
NCRSP Roadway Improvement Project
S:\Arcdata\publicworks\CIP\NCRSP Roadway Impr Location Map.mxd Date Saved: 11/29/2017 1:16:46 PM [
0 1,000 2,000 3,000500
Feet
1) Roseville Pkwy Widening
2) Pleasant Grove Blvd Triple Lefts
North Central Roseville
Specific Plan
City Boundary
Legend
Project Location

COUNCIL COMMUNICATION
CC #:
2598
File #:
0323-01
Title:

Second Reading - Military Equipment Policy
Contact:

Doug Blake 916-746 1043 [email protected]

Troy Bergstrom 916-774-5058 [email protected]

Meeting Date: 3/15/2023
Item #: 6.20.

RECOMMENDATION TO COUNCIL
ORDINANCE NO. 6632 RENEWING CITY OF ROSEVILLE ORDINANCE 6463 AND READOPTING AND CONTINUING ROSEVILLE POLICE DEPARTMENT POLICY NO. 706, TITLED “MILITARY EQUIPMENT”, for second reading and adoption.

BACKGROUND
Not applicable.

FISCAL IMPACT
Not applicable.

ENVIRONMENTAL REVIEW
Not applicable.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Goal C - Maintain a safe and healthy community

Respectfully Submitted,
Doug Blake, Captain
Troy Bergstrom, Police Chief

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Ordinance 6632
1 ORDINANCE NO. 6632
RENEWING CITY OF ROSEVILLE ORDINANCE 6463 AND READOPTING AND CONTINUING ROSEVILLE POLICE DEPARTMENT POLICY NO. 706, TITLED “MILITARY EQUIPMENT”

THE CITY OF ROSEVILLE ORDAINS:

SECTION 1.

A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

The term “military equipment” is defined in California Government Code section 7070(c). Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, and/or use of military equipment within its jurisdiction only if it makes specified findings.

B. At its March 1, 2022 meeting, the City Council was presented with Ordinance 6463, which included the findings required by AB 481 and, if adopted, would approve and adopt a Roseville Police Department Policy No. 706, titled “Military Equipment”. The proposed Military Equipment Policy was consistent with AB 481 and based on a model policy utilized by many other law enforcement agencies in California. The City Council elected to move forward with the Military Equipment Policy and introduced Ordinance 6463 for first reading that evening.

C. At its March 15, 2022 meeting, the City Council completed the second reading and adopted Ordinance 6463, thereby approving and adopting Roseville Police Department Policy No. 706, title d “Military Equipment”. Through adoption of Ordinance 6463, the City Council also made the following findings:

1. The “military equipment” (as defined by California Government Code section 7070(c)) is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

2. The “Military Equipment” Policy No. 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties;

3. The current “military equipment” identified in “Military Equipment” Policy No. 706 and purchasing any future “military equipment” on the list of “military equipment” (as defined by California Government Code section 7070(c)) is reasonably cost effective compared to available 2 alternatives that can achieve the same objective of officer and civilian safety; and

4. Prior “military equipment” use complied with the military equipment use policy that was in effect at the time.

D. AB 481 further requires that the City Council review any ordinance adopted pursuant to AB 481 at least annually, and to vote on whether to “renew” the ordinance. In making this decision, the City Council is required to determine whether each type of military equipment owned by the City complied with the findings originally made during adoption of the ordinance. This determination is to be based on an annual report prepared by the Police Department that includes at least the following information for each type of military equipment approved for use:

1. A summary of how the military equipment was used and the purpose of its use;

2. A summary of any complaints or concerns received concerning the military equipment;

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;

5. The quantity possessed for each type of military equipment; and

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The annual report must also be made publically available on the Roseville Police Department’s webpage, and the Department must also hold at least one well- publicized and conveniently located community engagement meeting at which the general public may discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment.

E. On February 1, 2023, the Roseville Police Department published its 2023 Annual Report regarding AB 481 and the Military Equipment Policy to the Department’s webpage. The Report includes all information required by AB 3 481. The Roseville Police Department also held a community engagement meeting on February 13, 2023, at 5:00 p.m. at the Roseville Police Department.

The meeting was well-publicized and the general public was invited to attend to discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment.

F. On March 1, 2023, the 2023 Annual Report regarding AB 481 and the City of Roseville Police Department’s Military Equipment Police was submitted to the City Council pursuant to Government Code section 7072.

SECTION 2. The City Council of the City of Roseville makes the following findings:

A. The City Council has reviewed Ordinance 6463, which was adopted pursuant to AB 481 and approved the funding, acquisition, or use of “military equipment” and approved and adopted Roseville Police Department Policy No. 706, titled “Military Equipment”.

B. The City Council was presented with the 2023 Annual Report, prepared by the Roseville Police Department pursuant to Government Code sections 7071 and 7072.

C. Based on the 2023 Annual Report prepared by the Roseville Police Department and submitted to the City Council, the City Council determines that each type of “military equipment” identified in the Report has complied with the standards of approval set forth in Government Code section 7071, subsection (d), and adopted by the City Council through Ordinance 6463.

D. The Roseville Police Department Policy No. 706, titled “Military Equipment”, meets all requirements of Government Code sections 7070 – 7075.

E. Ordinance 6463 is renewed and Roseville Police Department Policy No. 706, titled “Military Equipment”, is approved and readopted.

SECTION 3. This ordinance shall be effective at the expiration of thirty (30) days from the date of its adoption.

SECTION 4. The City Clerk is hereby directed to cause this ordinance to be published in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:
4 AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR

ATTEST:

City Clerk

COUNCIL COMMUNICATION
CC #:
2600
File #:
0102-06
Title:

Resolution - Keaton's Child Cancer Alliance 25th Anniversary Contact:

Blair Hutchison 916-774-5266 [email protected]

Meeting Date: 3/15/2023
Item #: 6.21.

RECOMMENDATION TO COUNCIL
Commend Keaton for 25 years of outstanding service and dedication to the City of Roseville, and extend support for continued success.

BACKGROUND
Not Applicable.

FISCAL IMPACT
Not Applicable.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Ceremonial documents meet the above criteria and are not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy

Respectfully Submitted,
Blair Hutchison, City Clerk Technician
Carmen Avalos, City Clerk

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution - Keaton's 25th Anniversary

COUNCIL COMMUNICATION
CC #:
2601
File #:
0102-10
Title:

Resolution - Placer SPCA 50th Anniversary
Contact:

Blair Hutchison 916-774-5266 [email protected]

Meeting Date: 3/15/2023
Item #: 6.22.

RECOMMENDATION TO COUNCIL
Commend Placer SPCA
for 50 years of outstanding service and dedication to the City of Roseville, and extend support for continued success in enhancing the lives of companion animals and supporting the human-animal bond.

BACKGROUND
Not applicable.

FISCAL IMPACT
Not applicable.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Ceremonial documents meet the above criteria and are not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Not applicable.

Respectfully Submitted,
Blair Hutchison, City Clerk Technician
Carmen Avalos, City Clerk

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution - Placer SPCA 50th Anniversary

COUNCIL COMMUNICATION
CC #:
2596
File #:
0704 & 0201-01
Title:

Roseville Soccer Complex - Award of Design-Build Construction Agreement and Budget Adjustment
Contact:

Tara Gee 916-774-5253 [email protected]

Meeting Date: 3/15/2023
Item #: 7.1.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council:

1) A
ward a Design-Assist Construction Agreement for the Roseville Soccer Complex project to Robert A. Bothman, inc. dba Robert A. Bothman Construction, Inc. for $45,873,529; and 2) A
dopt a resolution authorizing the City Manager to execute the agreement on behalf of the City of Roseville and providing change order authority of 3% of the contract amount; and 3) Adopt an ordinance to approve a budget adjustment in the amount of $5,781,268.

BACKGROUND
In August 2022, Council approved the master plan for the Roseville Soccer Complex which included 10 lighted artificial turf soccer fields, a universally accessible playground and support features such as off-street parking, restrooms, shade structures, concession/officials room and walkways. At that time, a Subsequent Initial Study/Mitigated Negative Declaration was adopted to comply with the California Environmental Quality Act (CEQA) (SCH No. 2002082057). A Request for Proposals was issued in September 2022 seeking qualified Design-Assist contractors to partner with the City and the Design Consultant, Verde Design Group, on this project. Responses to the Request for Proposals were received in late October 2022. Interviews with three submitting contractor companies were conducted in November 2022. Negotiations on a guaranteed maximum price (GMP) began in in December 2022 and concluded in January 2023. The GMP included value engineering efforts between the City, the Design Consultant and the top Contractor.

Staff recommends award of the project to Robert A. Bothman, Inc. dba Robert A. Bothman Construction, Inc. in the GMP amount of $45,873,259.

Contingency - During the course of a construction project, it is common to encounter unanticipated or changed conditions in the field which necessitate additions or other changes to the project and the contract. Staff requests authorization to approve change order requests in an amount not to exceed 3% of the contract price in accordance with the terms and conditions of the contract.

Schedule - It is anticipated that construction would begin in the Summer 2023 and be complete in late 2025.

FISCAL IMPACT
Initial funding for the project was approved in FY2018-19. The project was augmented in FY2002- 23 by $40,050,000 from the General Fund, Strategic Improvement Fund and Public Facilities Fund. Staff is requesting approval of a budget adjustment in the amount of $5,781,268. The budget adjustment includes $3,000,000 from the West Roseville Neighborhood Park Fund (Fund 3311), $1,500,000 from the West Roseville Citywide Park Fund (Fund 3304) and $1,281,268
from
repayment by Placer Valley Tourism of funds used in the early efforts of the Soccer Complex at a different location. The recommended
budget adjustment will ensure adequate funds
to enter into the agreement to construct the complex. Additional funding needed to complete this project will be incorporated into the FY2023-24 budget. This project includes multiple long fields and will be a regional draw for sporting events, resulting in added General Fund revenue to the City through sales tax and transient occupancy tax (hotel tax) revenue. This budget adjustment doesn't impact the General Fund.

Maintenance for this facility will be budgeted in the Parks, Recreation & Libraries operations budget.

ENVIRONMENTAL REVIEW
Environmental review for the Roseville Soccer Complex was previously conducted as described above. The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA Guidelines §15060(c)(3) and §15378. The proposed budget adjustment meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal D - Enhance economic vitality
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Tara Gee, Park Planning & Development Manager
Jill Geller, Parks, Recreation & Libraries Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Vicinity Map
Resolution 23-098
Bothman Contract
Ordinance 6631
Budget Adjustment

RESOLUTION NO. 23-098

APPROVING A DESIGN-ASSIST CONSTRUCTION AGREEMENT, BY AND BETWEEN ROBERT A. BOTHMAN, INC. DBA ROBERT A. BOTHMAN CONSTRUCTION, INC.,

AND THE CITY OF ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, a Design-Assist Construction Agreement for the Roseville Soccer Complex Project, by and between Robert A. Bothman, Inc. dba Robert A. Bothman Construction, Inc., and the City of Roseville, has been reviewed by the City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to approve change orders for the project, consistent with the contract terms, provided that the net cost of all change orders shall not exceed three percent (3%) of the contract price.

PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR

ATTEST:

City Clerk
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DESIGN-ASSIST CONSTRUCTION AGREEMENT
(PROJECT: ROSEVILLE SOCCER COMPLEX)

This Design-Assist Construction Agreement (“Agreement”) is made and entered into this day of , 20 , by and between the City of Roseville, a municipal corporation (“CITY”) and Robert A. Bothman, Inc. dba Robert A. Bothman Construction, Inc., a California corporation (“CONTRACTOR”).

RECITALS

WHEREAS, CITY has issued a Request for Proposals (RFP #13-116) pursuant to which CITY solicited proposals from design-assist contractors to construct the Roseville Soccer Complex project (“Project”); and

WHEREAS, CONTRACTOR has submitted a Proposal, dated January 24, 2023, attached hereto and made a part hereof as Exhibit F, and CITY has selected CONTRACTOR to provide design and construction services as set forth in this Agreement; and

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

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

ARTICLE 1

DEFINITIONS

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

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

1.3 “Architect/Engineer” means a licensed professional(s) (and/or entity(ies)) retained by CITY, who provides architectural, design and/or engineering services as may be required by the Work. The Architect/Engineer shall be registered in the State of California and the architect and/or engineer of record for the Work pursuant to their design responsibilities. The Architect/Engineer may be substituted or replaced at the discretion of CITY.

1.4 “Authorized Representatives” means the Design-Assist Team and those individuals appointed by CITY and CONTRACTOR from time to time in accordance with the provisions of Section 3.1.1.
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1.5 “Business Day” means any day when the office of the City Clerk of the City of Roseville is open for business.

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

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

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

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

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

1.11 “Construction Allowance Items” [reserved]

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

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

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

1.15 “Construction Work” means that portion of the Work consisting of the provision of labor, materials, equipment and services in connection with the construction of the Project as set forth in the Contract Documents.
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1.16 “Contingency Costs” means those items of Cost of the Work attributable to a contingency for which CITY is responsible and which are payable by CITY to CONTRACTOR pursuant to a Change Order as provided in Article 6.

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

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

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

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

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

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

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

1.24 “Day” or “Days” means calendar days.

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

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

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

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

1.29 “Design-Assist Work” means that portion of the Work consisting of the design-assist services required to be provided in connection with the Architect/Engineer’s design of the Project as set forth in the Contract Documents, which shall be performed consistent with the standards of care set forth herein.

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

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

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

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

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

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

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

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

1.38 “Liquidated Damages” means the damages payable by CONTRACTOR to CITY in the event CONTRACTOR does not achieve Final Completion of the Project by the date required on the Schedule, as adjusted, as more fully described in Section 4.6 hereof. 5 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

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

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

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

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

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

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

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

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

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

1.48 “Scope Change Costs” means those items of Cost of the Work attributable to changes in scope of the Work and payable by CITY to CONTRACTOR pursuant to a Change Order, as provided in Article 6.
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1.49 “Separate Contractors” means those individuals or entities (including, but not limited to, concessionaires) who have entered into arrangements with CITY for the provision of labor, materials or other services in connection with the Project.

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

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

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

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

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

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

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

ARTICLE 2

SCOPE OF WORK / PROJECT REQUIREMENTS

2.1 Performance of Work. CONTRACTOR shall perform the Work in accordance with this Agreement. CONTRACTOR covenants and agrees that it shall be responsible for performing and completing, and for causing all Subcontractors to perform and complete, the Work in accordance with the Contract Documents, standard professional and trade practices, and Applicable Laws. CONTRACTOR covenants that the Work and the materials provided thereunder shall be appropriate for the purposes stated in the Request for Proposal and Proposal.

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

2.1.1. Noise and Night Work. CONTRACTOR shall comply with CITY’s noise ordinance.
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2.2 Professional Standard; Ownership of Documents.

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

2.2.2 Design Documents and Materials, and Confidentiality.

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

2.3 Local Conditions; Environmental Site Conditions.

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

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

2.4 Design Development Documents and Construction Documents. 8 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

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

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

The Architect/Engineer is the entity professionally responsible for the design of the Project. CITY acknowledges that CONTRACTOR is a general contractor and not an architect or engineer. Except with respect to any subcontractors of CONTRACTOR providing architectural or engineering services for the Project as design-build work, CONTRACTOR’s review of or input for any design documents, or CONTRACTOR’s recommendation for any design concepts, is made solely in CONTRACTOR’s capacity as a licensed contractor and not as a licensed design professional. CONTRACTOR is not responsible for any errors in the design or failure of the design to comply with applicable laws, codes, rules and regulations, or lawful orders of public authorities. However, if CONTRACTOR observes any such nonconformity or errors it shall promptly notify CITY and the Architect/Engineer.

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

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

2.5 Legal Requirements. CONTRACTOR shall comply with Applicable Laws, and shall give applicable notices pertaining thereto. Except with respect to Governmental Approvals, CONTRACTOR shall prepare and file all documents required to obtain the necessary approvals 9 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

of governmental authorities having jurisdiction over the Work and/or the Project and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution of the Work and completion of the Project. Notwithstanding the foregoing, CITY has informed CONTRACTOR that fees in connection with building permits, street use permits, and similar permits relating to construction will be waived and are not to be included in the GMP. If and to the extent charges in the future for such permits are imposed in the future, such charges shall be paid by CITY, or shall be the subject of a Change Order to the Contract in accordance with the Change Order provisions of this Agreement.

2.6 Services and Facilities.

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

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

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

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

2.6.3.1 Design-Assist Development Coordination. CONTRACTOR understands and agrees that all Design Development Documents and time schedules prepared by Architect/Engineer must be coordinated with CONTRACTOR and CITY. CONTRACTOR shall participate and provide recommendations in the development of the drawings and other documents to fix and describe the size and character of the Project in its entirety as to structural, and electrical systems, materials and other essentials in CONTRACTOR’s capacity as a general contractor and not as a design professional, focusing on constructability and cost implications of the evolving design.

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

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

2.6.6 Reports. CONTRACTOR shall prepare and submit to CITY monthly progress reports on the Work accomplished during the previous monthly period, which reports shall be prepared in a manner and in a format reasonably acceptable to CITY. Such reports shall be furnished at the time of submission of each monthly Application for Payment. As part of such report, CONTRACTOR shall provide an updated Schedule, including CPM, if any, illustrating the progress that has been made, by reference to the initial CPM, and specifying whether the Work is on schedule or behind schedule and actions being taken to correct Schedule slippage.

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

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

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

CONTRACTOR shall bear the cost of correction.

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

2.8 Taxes. CONTRACTOR shall pay, as Cost of the Work, all existing and future applicable federal, state and local sales, consumer, use and similar taxes, whether direct or indirect, relating to, or incurred in connection with, the performance of the Work (excluding taxes based on CONTRACTOR's income). In the event CONTRACTOR is obligated to pay any new or increased taxes or duties adopted after the date hereof, the amount of such new or increased taxes shall increase the GMP pursuant to the Change Order provisions of this Contract. In the event CONTRACTOR receives the benefit of a tax exemption or tax reduction taking effect after the date hereof, the amount of such exemption or reduction shall decrease the GMP pursuant to the Change Order provisions of this Contract
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2.9 Access by CITY. CONTRACTOR shall afford CITY and its authorized designees access to the Project Site at all times, subject to reasonable prior notice for access outside of normal business hours.

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

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

CONTRACTOR shall defend all suits or claims for infringement of patent, trademark, and copyrights against the Indemnified Parties, and shall save the Indemnified Parties harmless from loss on account thereof for any and all matters arising in connection with the Work or the Project (such costs to be paid as Cost of the Work), except with respect to any particular design process or the product of a particular manufacturer or manufacturers specified and required by CITY, other than pursuant to the recommendation or suggestion of CONTRACTOR or a subcontractor; provided however, if CONTRACTOR has reason to believe that the design, process or product so specified is an infringement of a patent, CONTRACTOR shall be responsible for any loss resulting unless CONTRACTOR has provided CITY with prompt written notice of CONTRACTOR's belief, and CITY has nevertheless elected to go forward with such design, process or product so specified.

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

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

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

2.14.1 Documents and Samples at the Site. From and after commencement of the Construction Work, CONTRACTOR shall maintain at the site one record copy of the Construction Documents, and any and all amendments thereto, in good order and marked to 12 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

record changes and selections made during the Construction Phase. In addition, CONTRACTOR shall maintain at the site approved shop drawings, product data, samples and similar required submittals. These shall be provided to CITY upon completion of the Work.

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

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

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

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

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

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

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

2.15 Tests and Inspections

2.15.1 Initial Tests and Inspections. Tests, inspections and approvals of portions of the Construction Work shall be made as required by the Contract Documents, Applicable Laws or normal construction practices and/or as directed by CITY. Unless otherwise provided, CONTRACTOR shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to CITY, or with the appropriate public authority. The costs of such tests, inspections and approvals shall be a cost paid by CONTRACTOR. CONTRACTOR shall give CITY timely notice of when and where tests and inspections are to be made so that CITY may observe such procedures. All costs of tests, inspections or approvals imposed upon CONTRACTOR by changes in Applicable Laws occurring after execution of this Agreement shall be an increase to the GMP in accordance with the Change Order provisions herein.
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2.15.2 Additional Tests and Inspections. If CITY, or any other public authority having jurisdiction, determines that portions of the Construction Work require additional testing, inspection or approval beyond that required by subsection 2.15.1, CITY will instruct CONTRACTOR to make arrangements for such additional testing, inspection or approval by an entity acceptable to CITY, and CONTRACTOR shall give timely notice to CITY of when and where tests and inspections are to be made so CITY may observe such procedures. If such additional tests and/or inspections reveal failure of the portions of the Work to comply with the requirements of the Contract Documents, the costs of such tests and required correction shall be paid as a Cost of the Work, subject to the limitations set forth in Section 2.22 hereof. If the additional tests and/or inspections show that the portions of the Work comply with the requirements of the Contract Documents, the costs thereof shall be an increase to the GMP in accordance with the Change Order provisions of this Agreement.

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

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

2.16 Execution, Correlation and Intent.

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

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

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

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

2.17 Labor and Materials; Liens (Stop Payment Notice Claims); Indemnity. Unless otherwise provided in the Contract Documents, CONTRACTOR shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, 14 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. CONTRACTOR shall enforce strict discipline and good order among CONTRACTOR's employees, subcontractors, and other persons carrying out the Work.

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

CONTRACTOR shall not permit any Subcontractor, materialman, or laborer to place liens on the Project covering any portion of the Work for which CITY has made payment to CONTRACTOR. If any liens (e.g., stop payment notice claims) are imposed, CITY may withhold payment in the amount of 125% of the claim until such time an unconditional release is provided in a form satisfactory to CITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY regarding any claim or lien that proceeds to, or is the subject of litigation. CITY may withhold payment(s) pending compliance with this provision.

2.18 Cutting and Patching.

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

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

2.19 Uncovering of Construction Work.

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

2.19.2 Covering of Work Requested to be Observed. If a portion of the Construction Work has been covered which CITY has not specifically requested to observe prior to its being covered, CITY may request to see such Construction Work and it shall be uncovered by CONTRACTOR. If such Construction Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to CITY and shall increase the GMP. An appropriate time extension shall also be given. If such Construction Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such costs as Cost of the Work, unless such condition was caused by CITY or a Separate 15 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

Contractor in which event CITY shall be responsible for payment of such costs by appropriate Change Order, and an appropriate time extension shall also be given.

2.20 Correction of Work.

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

2.20.2 [Intentionally deleted].

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

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

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

5.1. 16
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2.20.6 No Limitation. Nothing contained in this section 2.20 shall be construed to establish a period of limitation with respect to other obligations which CONTRACTOR might have under the Contract Documents.

2.21 Value Engineering. CONTRACTOR shall suggest to CITY value engineering to reduce the cost of the Project, which CITY may accept at its sole discretion. To the extent that CONTRACTOR provides value engineering suggestions or comments with respect to the Project’s design, CITY acknowledges that such services are advisory only and not professional design services. CITY shall refer all such suggestions and comments to the Architect/Engineer for review and evaluation prior to CITY’s acceptance thereof. CITY shall cause the Architect/Engineer to revise the Project’s design documents to reflect all value engineering suggestions and comments accepted by CITY without delay or disruption to the timely and orderly progress of the Work, including revisions needed to address the impact of an agreed value engineering solution on other portions of the Work. The GMP and Contract Time shall be adjusted by Change Order promptly after CONTRACTOR’s review and pricing of the change to the Work reflected in the revised design documents.

2.21.1 Subcontractors Bids. CONTRACTOR shall make recommendations to the Architect/Engineer regarding the appropriate quality of materials, equipment, component systems and types of construction for the most reasonable prices for inclusion in the Construction Documents, and CONTRACTOR shall also recommend to the Architect/Engineer and CITY reasonable adjustments in the scope of the Project so that the total cost bid by the bidding Subcontractors will not exceed the estimate.

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

2.23 Contractor Registration. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Contract, CONTRACTOR and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. CONTRACTOR is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

ARTICLE 3

CITY'S RIGHTS AND RESPONSIBILITIES

3.1. Information and Services Required of CITY.

3.1.1 CITY Designation of Authorized Representative. Both Parties shall designate, from time to time, one or more representatives authorized to act on their behalf with respect to the Project, together with the scope of his/her respective authority. CONTRACTOR shall not be entitled to rely on directions from anyone outside the scope of that person’s authority as set forth 17 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

in written delegations pursuant to this Agreement. Directions and decisions made by Authorized Representative(s) of CITY shall be subject to any further approval(s) require d by any provisions of CITY’s Charter or the Roseville Municipal Code.

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

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

3.2 [Intentionally deleted.]

3.3 [Intentionally deleted.]

3.4 Activities on the Site by CITY or Separate Contractors.

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

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

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

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

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

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

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

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

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

3.4.6 Claims Involving Separate Contractors. In the event that CONTRACTOR unnecessarily and unreasonably delays the work of Separate Contractors by not cooperating with them as required hereby, or by not affording them reasonable opportunity to perform their work as stated herein, CONTRACTOR shall, in such event, pay, as Cost of the Work, all reasonable direct incremental costs and expenses incurred by such Separate Contractors due to any such delays. If any Separate Contractor shall assert a claim or bring an action against CITY alleging damage due to the fault or neglect of CONTRACTOR, CITY shall immediately notify CONTRACTOR, who shall defend such claim. If it is determined that CONTRACTOR was at fault, CONTRACTOR shall pay all costs of defense, including attorney's fees, as well as any resulting judgment or settlement, as a Cost of the Work.

3.5 Assignment of Separate Contracts. If CITY determines that it wishes to assign to CONTRACTOR one or more contracts between CITY and a Separate Contractor, it shall give CONTRACTOR written notice of such desire, including in such notice a copy of such contract for CONTRACTOR's review and approval. The Separate Contractor shall be fully qualified to perform the work under the to-be-assigned contract, shall possess the financial capability to perform its obligations under such to-be-assigned contract, and shall provide one hundred percent (100%) payment and performance bonds covering such work from sureties meeting the standards set forth in Section 1.53 hereof. Such contract shall contain provisions similar to those contained in CONTRACTOR's agreements with its Subcontractors with respect to liability, indemnification, retention, payment, labor, warranty, and other material items. Upon CONTRACTOR's approval of the assignment of such contract, which approval shall not be unreasonably withheld, delayed or conditioned, such Separate Contractor shall cease to be a Separate Contractor and shall thereafter be deemed to be a Subcontractor of CONTRACTOR, and the GMP shall be increased by Change Order in the amount of (a) such assigned contract, and (b) the additional Fee pursuant to the provisions of Section 6.5.1. 19 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

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

3.7 CITY's Right to Carry out the Work. If CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) Day period after receipt of written notice from CITY to commence and diligently continue correction of such default or neglect with diligence and promptness, CITY may after such seven (7) Day period give CONTRACTOR a second written notice to correct such deficiencies within such second seven (7) Day period. If CONTRACTOR within such second seven (7) Day period after receipt of such second notice fails to commence and diligently continue to correct any deficiencies, CITY, without prejudice to other remedies CITY may have, may correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to CONTRACTOR the cost of correcting such deficiencies, including Compensation for additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due to CONTRACTOR are insufficient to cover such amounts, CONTRACTOR shall pay the difference to CITY.

ARTICLE 4
TIME

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

4.2 Schedule Obligations.

4.2.1 Contract Schedule and Notice To Proceed. CONTRACTOR shall provide a schedule as stated in Section 1.46. CONTRACTOR shall begin work pursuant to this Agreement and in accordance with the Schedule (as described in Exhibit F) within fifteen (15) calendar days of the date of issuance of a Notice To Proceed by CITY, unless extended at the request made to and at the sole discretion of City. CONTRACTOR shall update said schedule to commence from the date of this Agreement, and the overall timeline shall remain consistent with the original schedule. CITY may issue the Notice To Proceed within fifteen (15) days of full execution of this Agreement.
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4.2.2 Prosecution of the Work. CONTRACTOR shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Schedule. If the rate of progress is such that the total amount of Work and/or the degree of completion of the Project accomplished by CONTRACTOR within any time period required by the Schedule is less than the amount therein specified, CONTRACTOR shall so notify CITY. If the delay is an Unexcused Delay, CONTRACTOR shall prepare a recovery schedule for CITY's review and approval, showing how CONTRACTOR will compensate for the delays and achieve Final Completion by the date shown on the Schedule. If CONTRACTOR is unable to demonstrate how it will overcome Unexcused Delays, CONTRACTOR shall employ such extraordinary measures as are necessary to bring the Work into conformity with the Final Completion Date set forth therein, the costs of which shall be a Cost of the Work and not exceed the GMP. If the delay is an Excusable Delay, CITY shall either (a) authorize an equitable extension in the Schedule to account for such delay, and equitably adjust the GMP on account of such delay, to the extent permitted by Article 6; or (b) request that CONTRACTOR prepare a recovery schedule showing how (if possible) CONTRACTOR can achieve Substantial Completion by the date shown on the Schedule (as modified), and equitably adjust the GMP in accordance with the Change Order provisions of this Agreement on account of any extraordinary activities required of CONTRACTOR on account of such recovery schedule. Schedule float (total float) shall be owned by CITY. As float is an expiring resource, if the Work is delayed on the critical path due to a delay caused by the CONTRACTOR and/or Architect/Engineer, the CONTRACTOR may not use any float created by such a delay on any other path without the express written approval of CITY.

4.3 Pre-construction Activities. Within thirty (30) Days after execution of this Agreement, CONTRACTOR shall submit to CITY for review a detailed schedule of pre-construction activities, by expanding the pre-construction activities set forth on the Schedule. This pre- construction schedule shall be prepared using the CPM, and shall show in sufficient detail the starting and completion times sequences of Subcontract award activities of CONTRACTOR, and identify all interface activities of CITY.

4.4 Extensions of Time.

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

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

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

4.4.2.2 Failure or inability of CITY or CONTRACTOR to obtain necessary zoning changes, variances, code changes, permits or approvals from any governmental authority, 21 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

or failure to obtain any street or alley vacations required for the performance of the Work, except to the extent due to the fault or neglect of CONTRACTOR.

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

4.4.2.4 Delays resulting from Force Majeure.

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

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

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

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

4.4.2.9 Delays resulting from weather conditions, which shall be determined as follows: Should CONTRACTOR prepare to begin work at the regular starting time of any working day on which inclement weather, or the conditions resulting from the weather, prevents the Work from beginning at the usual starting time and the crew is dismissed as a result thereof and CONTRACTOR does not proceed with at least 75% of the normal labor and equipment force engaged in the current operations for at least 60% of the total daily time being spent, CONTRACTOR will not be charged for a working day, even if the conditions change during the course of the day. At the start of such days, CONTRACTOR shall notify CITY if CONTRACTOR believes that inclement weather or conditions resulting from the weather exist. A non-working day determination of such conditions shall be made by CITY, who will immediately notify CONTRACTOR.

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

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

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

4.4.4 Decision by CITY. Within thirty (30) Days after cessation of an event giving rise to either an Excusable Delay or Inexcusable Delay, the parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Inexcusable Delay. In the absence of agreement between the parties as to the then current status of Excusable Delays and Inexcusable Delays, CITY will provide CONTRACTOR with written notice of CITY's determination of the respective number of Days of Excusable Delay and/or Unexcusable Delay within ten (10) Days after receipt by CITY of CONTRACTOR's written request for such determination. The issuance by CITY of such a determination shall not, however, be deemed a concurrence by CONTRACTOR of the matters set forth therein, and CONTRACTOR may invoke the dispute resolution procedures with respect to such determination. Pending completion of dispute resolution procedures, CONTRACTOR may take such acceleration or other measures required on account of CITY's determination of Inexcusable Delay, and if completion of the dispute resolution procedures results in CITY's determination being changed to Excusable Delay, the costs associated with such measures shall be paid by CITY as an increase to the GMP in accordance with the Change Order provisions of this Agreement.

4.5 Adjustment in GMP on Account of Extensions of Time.

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

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

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

4.6.2 Amount of Liquidated Damages. If CONTRACTOR fails to achieve Final Completion of the Work on or before the Notice of Completion date, as adjusted for Excusable Delays, CONTRACTOR shall pay to CITY liquidated damages in the amount of $800.00 (eight hundred dollars) per Day for each calendar day the date of Final Completion is inexcusably delayed. Payment of liquidated damages shall be made contemporaneously with CITY's required payment to CONTRACTOR, and such payments may be offset against each other.

ARTICLE 5

PAYMENT AND COMPLETION

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

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

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

5.4 Amount of Progress Payments. CITY shall pay CONTRACTOR the actual Cost of the Work and Fee, if any, through the period covered by the Application for Payment, less Retention as set forth in Section 5.5 below, provided that the aggregate payment amount before retention will not exceed the percentage of completion of the Work multiplied by the GMP (excluding items of the GMP not subject to retention). CITY may additionally withhold from progress payments such amounts pursuant to stop payment notice claims as required by law and CITY administrative regulation 4.01.
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5.5 Retention; Escrow Agreement; Final Payment. Five percent (5%) Retention shall be withheld from each progress payment until the expiration of thirty-five (35) days following the recordation of the notice of completion; provided however, City shall continue to retain such amount as required by law and/or CITY administrative regulation 4.01. CONTRACTOR may elect to establish an escrow account for securities in-lieu of the five percent (5%) Retention in a form of escrow agreement compliant with law and subject to approval by the City Attorney (form of escrow agreement is attached as Exhibit D). Release of Retention monies shall constitute the Final Payment.

5.6 Early Release of Subcontractor Retention. [reserved]

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

5.8 Title to Construction Work. CONTRACTOR warrants that title to all Construction Work covered by an Application for Payment shall pass to CITY no later than the time of payment. CONTRACTOR further warrants that upon submittal of an Application for Payment, all Construction Work for which Applications for Payment have been previously issued and payments received from CITY shall, to the best of CONTRACTOR's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of CONTRACTOR, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials or equipment relating to the Construction Work.

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

5.9.1 defective Work not remedied;

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

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

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

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

5.10 Failure of Payment; Interest. In accordance with Public Contract Code §20104.50, CITY shall pay CONTRACTOR interest on any progress payment, which is made by CITY more than thirty (30) days after CITY receives an undisputed and properly submitted written payment request. Said interest shall be equal to the rate set forth in Code of Civil Procedure §685.010(a), and shall begin to accrue upon the expiration of said thirty (30) day period. Any written request for a progress payment which CITY determines to be disputed, improper or not 25 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

suitable for payment for any reason shall be returned to CONTRACTOR within seven (7) days after receipt by CITY, along with a written statement of the reason or reasons why such request is disputed, improper or not suitable for payment.

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

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

Within a reasonable time thereafter, CITY and CONTRACTOR shall make an inspection of the Work to determine the status of completion. If CITY does not consider the Work substantially complete, CITY will notify CONTRACTOR in writing giving reasons therefor. If CITY considers the Work substantially complete, CITY will accept a corresponding partial Certificate of Substantial Completion. There shall be attached to the Certificate a Punch List of items to be completed or corrected before Final Acceptance and Final Payment.

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

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

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

5.14 Construction Allowance Items. [reserved]

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

5.16 Documents and Samples at the Site. CONTRACTOR shall maintain at the site for CITY one record copy of the drawings, specifications, addenda, Change Order and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. CONTRACTOR shall also prepare one reproducible set of as-built 26 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

drawings. These shall be provided to CITY upon completion of the Work.

5.17 Contingency. [reserved]

ARTICLE 6
CHANGES IN THE WORK; CLAIMS

6.1 Changes. Changes in the Work shall be performed under applicable provisions of the Contract Documents. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to CITY or CONTRACTOR, the applicable unit prices for such change order/directive shall be equitably adjusted. No GMP adjustment on account of a Change Order shall include CONTRACTOR's or Subcontractor's profit, Fee, home office overhead or a formula allocation of indirect costs unless otherwise specifically allowed hereunder.

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

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

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

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

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

6.2.5 If CITY and CONTRACTOR do not agree with the adjustment in the Schedule or the GMP, such disagreement shall be submitted for dispute resolution in accordance with the provisions of this Contract.
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6.3 Change Proposals. If CITY requests CONTRACTOR to submit a Change Proposal which would entitle CONTRACTOR to an increase in the GMP for costs of preparation of such Change Proposal pursuant to the provisions of this Section 6.3, CONTRACTOR shall first estimate the costs of preparing such Change Proposal and inform CITY in writing of such costs.

CITY shall then direct CONTRACTOR either to proceed with the Change Proposal or cancel the Change Proposal. If CITY directs CONTRACTOR to proceed with the Change Proposal and then elects not to proceed with the Change Order contemplated therein, a Change Order shall be issued to reimburse CONTRACTOR for costs reasonably incurred by CONTRACTOR on account of such Change Proposal, but only to the extent the Change Order contemplated by such Change Proposal involves a material change to the scope of the Work requiring modification to one or more systems which have been designed and approved in accordance with the standards set forth in the technical specifications. To the extent the preparation of such Change Proposal impacts the Schedule (e.g., other Work is suspended pending a decision on such Change Proposal or the design or Design-Assist Work is delayed due to the preparation of the Change Proposal), an equitable adjustment in the Schedule shall be made.

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

6.5 Change Orders Increasing or Decreasing Scope.

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

6.5.1.1 Construction Work and Mark Ups.

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

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

6.5.2 Decreased Scope. With respect to Change Orders, which decrease the Scope of 28 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

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

6.6 Change Orders on Account of Contingencies. With respect to Change Orders which are attributable to the following contingencies, the GMP shall be adjusted (increased or decreased) by the following “Contingency Costs,'' consisting of the following:

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

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

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

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

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

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

6.7.1.3 Proven increased material costs;

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

6.7.1.5 Demobilization and remobilization costs; and

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

6.7.2 Intentionally left blank.

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

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

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

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

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

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

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

6.9 Intentionally left blank.

6.10 Change Orders on Account of Differing Site Conditions. If CONTRACTOR 30 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

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

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

ARTICLE 7

CORRECTION OF WORK

7.1 Correction of Work Prior to Completion. Prior to the date of Final Completion, CONTRACTOR shall correct Work which (a) CITY reasonably rejects as being defective or nonconforming to the requirements of the Contract Documents in a written notice delivered to CONTRACTOR or (b) CONTRACTOR recognizes is defective or nonconforming to the Contract Documents. If other portions of the Work are adversely affected by or are damaged by such defective Work, CONTRACTOR shall also correct, repair or replace such affected or damaged Work, as well as any other property of CITY or others damaged by such defective or nonconforming Work. Prior to the date of Final Completion, the cost of correcting any damaged or defective work shall be paid as a Cost of the Work.

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

7.3 Acceptance of Nonconforming Work. If CITY prefers to accept Work, which is not in accordance with the requirements of the Contract Documents, CITY may do so instead of requiring its removal and correction, in which case the GMP will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 31 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

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

ARTICLE 8

SUBCONTRACTORS

8.1 Subcontracts

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

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

ARTICLE 9
INSURANCE AND BONDS; INDEMNIFICATION

9.1 Insurance to be provided by CONTRACTOR:

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

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

C. Insurance Required. Commercial General Liability, automobile liability, and worker's compensation insurance shall be maintained as follows:
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1. Commercial General Liability $2,000,000 each occurrence Minor Construction Project $4,000,000 aggregate
(Projects under $1,000,000)

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

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

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

The Commercial General Liability Insurance shall include the following, copies of which shall be provided:
a. Inclusion of the City of Roseville, and its officers, agents, employees and volunteer, as additional insured (except for workers’ compensation as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsements must include coverage for on-going and completed operations. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers.
b. Cross liability and severability of interest clauses providing that the insurance applies separately to each insured except with respect to the limits of liability. c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither CITY nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of the CONTRACTOR.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.

Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.
f. Waiver of subrogation endorsement.
g. CONTRACTOR shall furnish a certificate for the period covered. 33 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

SPECIAL NOTICE - CLAIMS MADE COVERAGE:

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

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

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

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

4. Builder's Risk/Course of Construction Insurance: CONTRACTOR shall be responsible for all loss, damage or destruction whatsoever to the Work called for by this Contract until the approval of a Notice of Completion. CONTRACTOR shall secure “All Risk” type of builder's Risk Insurance of the type covering one hundred percent (100%) of the value of the Work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the Work completed.

The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.

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

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

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

D. Other Insurance Provisions.

1. The requirements of the Contract Conditions as to types and limits of insurance coverage to be maintained by CONTRACTOR, and any approval of insurance by CITY, are not intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to the Contract, including, but not limited to, the provisions concerning indemnification, nor preclude CITY from taking any other action available to it under any other provision of the Contract or law. 34 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

2. CITY acknowledges that some insurance requirements contained in the Contract Conditions may be fulfilled by self-insurance on the part of CONTRACTOR. However, this shall not in any way limit liabilities assumed by CONTRACTOR under the Contract. Any self- insurance must be approved in writing by CITY, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by CITY in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.

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

4. CITY, its officers, agents, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of CONTRACTOR; and with respect to liability arising out of work or operations performed by or on behalf of CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04. In addition, the insurance policy may not contain language which prohibits additional insureds or other insurers from satisfying the self-insured retention or deductible.

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

6. In the event CONTRACTOR retains the Architect/Engineer, CONTRACTOR shall require its Architect/Engineer to provide professional liability (errors and omissions) insurance (certificate and additional insured endorsement) in the amount of $2,000,000.

7. CITY RESERVES THE RIGHT TO WITHHOLD ANY PROGRESS

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

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

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

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

ARTICLE 10

PROTECTION OF PERSONS AND PROPERTY

10.1 Safety Precautions and Programs.

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

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

10.2 Safety of Persons and Property.
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It is the intent of the parties that CITY is not an exposing, creating, controlling, or correcting employer under California Labor Code Section 6400. In accordance with generally accepted fabrication and construction practices and all applicable Laws and Standards and Codes, CONTRACTOR shall have the authority and be solely and completely respo nsible for the safety of all property utilized and all persons performing under this Agreement. Moreover, the CONTRACTOR shall be the controlling employer and has the authority and responsibility to enforce safety for all fabrication, construction work, an d Work performed under this Agreement.

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

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

CONTRACTOR shall carefully instruct all personnel performing under this Agreement in potentially hazardous work areas as to potenti al dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property.

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

CONTRACTOR shall perform under this Agreement so as not to expose personnel to, or to discharge into the atmosphere from any materials brought to the Site by CONTRACTOR, smoke, dust, asbestos, toxic chemicals or other air contaminants in violation of applicable Laws and Standards and Codes.

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

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

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

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

10.2.2 Safeguards. CONTRACTOR shall erect and maintain, as required by existing conditions and performance of the Work, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety 37 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

regulations and notifying CITY and users of adjacent sites and utilities, and shall comply fully with the requirements of CAL/OSHA.

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

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

10.2.5 Designation of Safety Coordinator. [reserved]

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

10.3 Security. CONTRACTOR shall take any and all precautions that may be reasonably necessary to render all portions of the Work, the Site and any adjacent areas affected by the Work secure in all material respects, to decrease the likelihood of accidents, and to avoid vandalism and other contingencies which are liable to delay the Work or give rise to claims or liabilities. CONTRACTOR shall furnish and install all necessary facilities to provide safe means of access to all points where Work is being performed. CONTRACTOR shall take all precautions and measures as may be reasonably necessary to secure the Project at all hours, including evenings, holidays and non-work hours. Such precautions may include provision of security guards.

10.4 Damage to Property at the Site. CONTRACTOR shall be responsible for any and all damage or loss to property at the Site, except to the extent caused by the acts or omissions of CITY or its representatives, agents or employees. The costs and expenses incurred by CONTRACTOR under this Article shall be paid as a Cost of the Work to the extent that such costs and expenses are in excess of or are not covered by required insurance, and to the extent of any deductibles. If such damage or loss is caused by CONTRACTOR, payment of such costs as Cost of the Work shall be limited by the provisions of Section 2.20.5 hereof.

10.5 Damage to Property of Others. CONTRACTOR shall avoid damage, as a result of CONTRACTOR's operations, to existing sidewalks, curbs, streets, alleys, pavements, utilities, adjacent property, the work of Separate Contractors and the property of CITY. CONTRACTOR shall repair any such damage caused by the operations of CONTRACTOR, which costs shall be paid as a Cost of the Work to the extent that such costs and expenses are in excess of or are not covered by required insurance, and to the extent of any deductible.

10.6 Failure of CONTRACTOR to Repair Damage. If CONTRACTOR fails to commence the repair of damage to property as set forth in this Article, and/or diligently pursue such repair, then CITY, after ten (10) Days prior written notice to CONTRACTOR (provided CONTRACTOR has not commenced such repair during such ten (10) Day period), may elect to 38 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

repair such damages with its own forces and to deduct from payments due or to become due to CONTRACTOR amounts paid or incurred by CITY is correcting such damage.

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

ARTICLE 11

DISPUTES

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

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

ARTICLE 12
EVENTS OF DEFAULT AND REMEDIES; TERMINATION

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

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

12.1.2 If CONTRACTOR materially breaches this Agreement and fails, after seven (7) Days’ notice from CITY, to commence a cure to correct such breach and thereafter diligently pursue such cure to completion (such breach to include, but not be limited to, failure to make payment to Subcontractors for materials or labor in accordance with the respective agreements between CONTRACTOR and the Subcontractors or violation of Applicable Laws); 39 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

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

12.2 Remedies of CITY upon a CONTRACTOR Event of Default.

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

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

12.2.1.2 Accept assignment of Subcontracts; and

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

12.2.1.4 When CITY terminates the Contract as aforesaid, CONTRACTOR shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the GMP exceeds costs incurred in finishing the Work, such excess shall be paid to CONTRACTOR, up to the amount due CONTRACTOR for work performed prior to termination. If such costs exceed the unpaid balance of the GMP, CONTRACTOR shall pay the difference to CITY.

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

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

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

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

ARTICLE 13

MISCELLANEOUS PROVISIONS

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

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

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

If to CITY: If to CONTRACTOR:

Tara Gee, Park Planning & James Moore, Vice President
Development Superintendent 2690 Scott Boulevard
316 Vernon Street, Ste. 400 Santa Clara, CA 95050
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Roseville, CA 95678 408-279-2277
916-774-5253

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

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

Pursuant to the provisions of California Labor Code Sections 1773, the Department has identified the source, stated below, of the General Prevailing Rate of Wages applicable to the work to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm, which is a part of this Agreement.

Pursuant to Labor Code Section 1773.2, General Prevailing Wage Rates set forth above, which forms a part of this Agreement, shall be posted by CONTRACTOR at a prominent place at the Site. Prevailing wage rates to be posted at the Site will be furnished by the Department. The possibility of wage increases is one of the elements to be considered by CONTRACTOR in determining its Proposal, an d will not under any circumstances be considered as the basis of a claim against CITY or the Agreement.

13.5 Modifications. No Modifications or Change Orders shall be valid unless in writing and signed by CITY and CONTRACTOR.

13.6 Interpretation. Any and all headings of this Agreement are for convenience of reference only and do not modify, define or limit the provisions thereof. Words of any gender shall be deemed and construed to include correlative words of the other gender. Words importing the singular number shall include the plural number and vice versa, unless the context shall otherwise be deemed to include all supplements and/or amendments to any such exhibits or documents entered into in accordance with the terms hereof and thereof. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such person or entity in accordance with the terms of this Agreement. Where reference is made in this Agreement to another Contract Document, the reference refers to that provision as amended or supplemented by the other provisions of the Contract Documents. In 42 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

the event of any conflict between or among the Contract Documents, the provisions of this Agreement shall govern.

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

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

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

13.10 Intentionally left blank.

13.11 No Waiver. Neither the inspection by CITY or its agents, nor any order or certificate for payment of money, nor payment for, nor acceptance of the whole or any part of the work by CITY, nor any extensions of time, nor any position taken by CITY or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to CITY or any right to damages herein provided, nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach.

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

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

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APPROVED AS TO SUBSTANCE
By:________________________________

JILL GELLER
Parks, Recreation & Libraries Director

LIST OF EXHIBITS:

Exhibit A Guaranteed Maximum Price

Exhibit B Construction Allowance Items [reserved]
Exhibit C Hazardous Materials
Exhibit D In Lieu of Securities Escrow Agreement

Exhibit E Performance, Labor & Materials, and Warranty Bonds (Note: Warranty Bond requirement may be waived at the option of CITY) Exhibit F CONTRACTOR’s Proposal

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EXHIBIT A

GUARANTEED MAXIMUM PRICE, FEE, AND COST OF WORK

A. GUARANTEED MAXIMUM PRICE: The Guaranteed Maximum Price as of the date of execution of this Agreement is forty-five million, eight hundred seventy-three thousand, two hundred fifty-nine dollars ($45,873,259), U.S. Currency.

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

C. COST OF THE WORK:

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

2. Construction Costs.

2.1 Labor Costs.

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

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

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

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

2.2 Subcontract Costs. Amounts due Subcontractors in accordance with the requirements of the Subcontracts.
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2.3 Costs of Materials and Equipment Incorporated in the Completed Construction. Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction.

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

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

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

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

2.4.3 Costs of removal of debris from the Site.

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

2.5 Premiums; Taxes; Fees; Royalties.

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

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

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

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

2.5.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents. The costs of defending suits or claims for infringement of patent rights arising from such requirement by the Contract Documents; 3 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

payments made in accordance with legal judgments against CONTRACTOR or CONTRACTOR resulting from such suits or claims and payments of settlements in connection therewith.

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

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

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

3. Items not Included in Cost of the Work.

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

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

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

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

3.5 Costs that would cause the GMP to be exceeded.

EXHIBIT B

CONSTRUCTION ALLOWANCE ITEMS

(reserved)

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EXHIBIT C

HAZARDOUS MATERIALS

1. Certain Definitions.

1.1 “Hazardous Materials means any substance:

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

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

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

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

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

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

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

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

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

1.2.3 any septic tank; and

1.2.4 any pipes connected to items 1.2.1-1.2.3.
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1.3 “Environmental Requirements” means all Applicable Laws, statutes, regulations, rules, ordinances, codes, licenses, permits, orders and similar items of all federal, state or local governmental agencies or other instrumentalities and all applicable judicial, administrative and regulatory decrees, judgments and orders relating to the protection of human health or the environment, including, without limitation:

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

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

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

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

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

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

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

2. Investigation of Site.

2.1 Upon written notice from CITY, CONTRACTOR shall prepare for approval and execution by CITY, one or more contracts (“Environmental Contracts”) with suitably qualified consultants and/or engineers (“Environmental Engineers”), for purposes of performing an investigation and analysis of the Site prior to demolition and excavation activities, to determine the presence of any Environmental Conditions on, in or under the Site. The Environmental Contracts shall provide for a commercially reasonable scope of investigation approved by CITY, and may provide for conducting the investigation and testing in phases acceptable to CITY. The Environmental Contracts shall also provide that the Environmental Engineers shall begin their 3 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

tests and inspections at the Site as soon as CITY is able to arrange access to the Site, or any portions thereof, for such purposes. The Environmental Contracts shall provide that CONTRACTOR, acting as agent of CITY, shall coordinate the activities of the Environmental Engineers.

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

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

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

3. Remedial Actions.

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

3.2 CONTRACTOR, as agent for CITY, shall be responsible for coordinating the work and services performed by the Remediation Contractors, and coordinating such remediation work with the Work.
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3.3 If in the course of performance of the Work, CONTRACTOR encounters on the Site any Hazardous Materials not previously disclosed and remediated by the Environmental Engineers or the Remediation Contractors, CONTRACTOR shall immediately suspend the Work in the area affected and promptly thereafter report the condition to CITY.

4. Payments: Liability of CONTRACTOR.

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

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

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

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

5. Environmental Responsibilities of CONTRACTOR.

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

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

5.2 CONTRACTOR shall not bring Hazardous Materials to the Site, and shall not include Hazardous Materials in any construction materials, unless permitted by Environmental Requirements. CONTRACTOR shall comply, and shall cause all Subcontractors to comply, with all Environmental Requirements regarding the generation, handling, storage, treatment and disposal of Hazardous Materials.
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5.3 CONTRACTOR shall indemnify, defend and hold harmless the Indemnified Parties from and against any Environmental Damages asserted against or sustained by such parties as a result of any Environmental Conditions caused or created by CONTRACTOR or any Subcontractor, or of any violation by CONTRACTOR or the Subcontractors, of any Environmental Requirement arising out of the performance of the Work.

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EXHIBIT D

IN LIEU OF SECURITIES ESCROW AGREEMENT

(form of agreement follows this page)
(use is optional by Contractor)
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX: 02/14/2023] ESCROW No.

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

(Project: Roseville Soccer Complex)

THIS ESCROW AGREEMENT is made and entered into on this day of

, 20 by and between the:

City of Roseville, whose address is:
316 Vernon Street, Suite 400
Roseville, CA 95678
(hereinafter called “CITY”); and
, whose address is:

(hereinafter called “CONTRACTOR”); and

, whose address is:

(hereinafter called “ESCROW AGENT”).

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

1. Pursuant to Section 22300 of the Public Contract Code of the State of California, CONTRACTOR has the option to deposit securities, subject to prior approval of CITY, with ESCROW AGENT, as a substitute for retention earnings required to be withheld by CITY pursuant to the contract for public works entered into between the CITY and CONTRACTOR for the Project in the amount of
2 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

dollars ($ ) dated , (hereinafter
referred to as the “Contract”). Alternatively, on written request of CONTRACTOR, CITY shall make payments of the retention earnings directly to the ESCROW AGENT.

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

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

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

4. CONTRACTOR shall be responsible for paying all fees for the expenses incurred by ESCROW AGENT in administering the Escrow Account and all expenses of CITY. These expenses and payment terms shall be determined by CITY, CONTRACTOR, and ESCROW AGENT.
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5. The interest earned on the securities or the money market accounts held in escrow and all interest earning on that interest shall be for the sole account of CONTRACTOR and shall be subject to withdrawal by CONTRACTOR at any time and from time to time without notice to CITY.

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

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

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

9. ESCROW AGENT shall rely on the written notifications from CITY and CONTRACTOR pursuant to Sections (5) to (8), inclusive, of this Agreement and CONTRACTOR shall hold ESCROW AGENT harmless from ESCROW AGENT’s release and disbursement of the securities and interest as set forth above. 4 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

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

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

On behalf of CITY:

Title

Name

Signature

Address

On behalf of CONTRACTOR:

Title

Name

Signature

Address

On behalf of ESCROW AGENT:

Title

Name

Signature

Address

12. At the time the Escrow Account is opened, CITY and CONTRACTOR shall deliver to ESCROW AGENT a fully executed counterpart of this Agreement. 5 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under the authority of Resolution No. 87-141, adopted by the Council of the City of Roseville on the 5th day of August, 1987, and CONTRACTOR and ESCROW AGENT have authorized the execution of this Agreement.

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

BY:

DOMINICK CASEY
BY:

City Manager its:

ATTEST:
and

BY:

BY:

CARMEN AVALOS
City Clerk

APPROVED AS TO FORM:
its:

ESCROW AGENT:

BY:

its:

BY:

MICHELLE SHEIDENBERGER
and
City Attorney BY:

its:

APPROVED AS TO SUBSTANCE:

BY:

DENNIS KAUFFMAN
Assistant City Manager/Chief Financial Officer
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ACKNOWLEDGED BY ADMINISTERING DEPARTMENT:

BY:
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EXHIBIT E

BOND FORMS
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PERFORMANCE BOND
Bond No.

Premium $

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

BOND TERMS AND CONDITIONS

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

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

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

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

3.2 The City has declared a Contractor Default and formally terminated the Contractor’s right to complete the Design Assist Contract. Such Contractor Default shall not be declared earlier than twenty (20) days after the Contractor and the Surety have received notice as provided in Paragraph 3.1 above. [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

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

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

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

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

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

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

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

4.4 Waive its right to perform and complete the Design Assist Contract, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with the City, determine in good faith the amount for which it may then be liable to the City under Paragraph 6, below, for the performance and completion of the Design Assist Contract and, as soon as practicable after the amount is determined, tender payment therefor to the City with full explanation of the payment's calculation. If the City accepts the Surety's tender under this Paragraph 4.4, the City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Seller Default. If the City disputes the amount of Surety's tender under this Paragraph 4.4, the City may exercise all remedies available to it at law to enforce the Surety's liability under Paragraph 6, below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Attorney in Fact:

Principal:

Signature:

Name & Title:

Address:
(Corp. Seal)

Surety:

Signature:

Name & Title:

Address:
(Corp. Seal)

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

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

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

Approved: , City Attorney

END OF DOCUMENT
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023] Bond No.

Premium $

LABOR AND MATERIAL BOND

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

BOND TERMS AND CONDITIONS

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

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

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

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

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

4. The Surety shall have no obligation to Claimants under this Labor and Material Bond until:
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4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the City, stating that a claim is being made under this Labor and Material Bond and, with substantial accuracy, the amount of the claim.

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

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

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

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

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

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

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

6.2 Pay or arrange for payment of any undisputed amounts.

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

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

9. The Surety shall not be liable to the City, Claimants or others for obligations of the Contractor that are unrelated to the Design Assist Contract. The City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Labor and Material Bond, and shall have no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Labor and Material Bond.
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10. The Surety hereby waives notice of any change, alteration or addition to the Design Assist Contract or to related subcontracts, purchase orders and other obligations, including but not limited to changes of time. The Surety consents to all terms of the Design Assist Contract, including provisions on changes to the Contract Documents. No extension of time, Change Order, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Labor and Material Bond or in any way affect the obligations of Surety on this Labor and Material Bond.

11. Any proceeding, legal or equitable, under this Labor and Material Bond shall be instituted in any court of competent jurisdiction in Placer County, California within one (1) year from the date on which (i) the Claimant gave the notice required by Paragraph 4.1 or Paragraph

4.3.3, or (ii) the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Design Assist Contract, whichever of (i) or (ii) first occurs. If the provisions of this Paragraph 11 are void or prohibited by law, the minimum period of limitation available to sureties as a defense in Placer County shall be applicable.

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

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

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

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

15. DEFINITIONS

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

15.2 DESIGN ASSIST CONTRACT: The documents between the City and the Contractor identified as the Contract Documents in that certain first above- [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023] mentioned Design Assist Contract, including all changes, Addenda and modifications thereto.

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

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

Attorney in Fact:

Principal:

Signature:

Name & Title:

Address:
(Corp. Seal)

Surety:

Signature:

Name & Title:

Address:
(Corp. Seal)

[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023] Surety shall submit the following documents along with this Labor and Material Bond:

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

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

Approved: , City Attorney

END OF DOCUMENT
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023] Bond No.

Premium $

WARRANTY BOND

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

BOND TERMS AND CONDITIONS

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

2. Neither final payment nor use or occupancy of the Equipment or Services performed by the Contractor shall constitute an acceptance of such Equipment or Services not done in accordance with this Warranty Bond or relieve Contractor of liab ility in respect to any express guarantees, warranties or responsibilities for faulty materials or workmanship, ordinary wear and tear excepted. If within one (1) year after the date of Final Acceptance, or such longer period of time as may be prescribed the terms of the Contract Documents, any Equipment or Services is found to be defective, Contractor and Surety shall promptly, without cost to City and in accordance with City’s written instructions, correct such defective Equipment or Services. Contractor and Surety shall remove any defective Equipment rejected by City and replace it with Equipment that is not defective. If Contractor or Surety fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious r isk of loss or damage, City may have the defective Equipment or Services corrected or removed and replaced. Contractor and Surety shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor and Surety fail to correct defective Equipment or Services, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law.

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

4. The Surety hereby waives notice of any change, alteration or addition to the Design Assist Contract or to related subcontracts, purchase orders and other obligations, including but not limited to [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023] changes of time. The Surety consents to all terms of the Design Assist Contract, including provisions on changes to the Contract Documents. No extension of time, Change Order, alteration, Modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Warranty Bond or in any way affect the obligations of Surety on this Warranty Bond.

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

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

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

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

Principal:

Signature:

Name & Title:

Address:
(Corp. Seal)

Surety:

Signature:

Name & Title:

Address:
(Corp. Seal)
Attorney in Fact:
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

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

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

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

Approved: , City Attorney

END OF DOCUMENT
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D003\P005\00075154.DOCX; 2/14/2023]

EXHIBIT F
CONTRACTOR’S PROPOSAL
ORDINANCE NO. 6631

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2022-23

BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY

EFFECTIVE AS AN APPROPRIATION MEASURE

THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2022-23, is hereby amended as listed on the attached budget adjustment for the Roseville Soccer Complex project.

SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.

SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2023, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

REQUEST FOR BUDGET ADJUSTMENT
REQUESTER NAME & TITLE: Tara Gee, Park Planning & Development Manager FISCAL YEAR: 2022-23 PREPARER NAME & TITLE: Rendi Hodge, Management Analyst COUNCIL DATE (if applicable): 3/15/2023 DEPARTMENT/DIVISION: Parks, Recreation & Libraries/Park Development ORDINANCE:

EXPENDITURES/EXPENSES/TRANSFERS OUT
BUDGET ($)
Fund Account Center Project Adjustment
3311 6587 84001 400068 3,000,000
3304 6587 84001 400068 1,500,000
3304 6587 84001 400068 1,281,268
5,781,268

REVENUES/TRANSFERS IN
BUDGET ($)
Fund Account Center Project Adjustment
3304 4780 84001 400068 1,031,268
1,031,268
4,750,000

FUND BALANCE
BUDGET ($)
Fund Account Center Project Adjustment
3311 (3,000,000)
3304 (1,750,000)
(4,750,000)
Justification for Budget Adjustment:

REQUESTING DEPARTMENT HEAD / DESIGNEE DATE BUDGET MANAGER / DESIGNEE DATE

CHIEF FINANCIAL OFFICER / DESIGNEE DATE CITY MANAGER / DESIGNEE DATE

POSTED BY DATE
Revised: June 24, 2019

ACCOUNT STRING DESCRIPTION
Use of available resources in West Roseville
Neighborhood Park Fund
Use of available resources in West Roseville Citywide
Park Fund
Allocate funds from West Roseville Citywide Park Fund
for project contract costs
Allocate budget from the Placer Valley Tourism revenue
as per agreement with PVT including interest

NET ADJUSTMENT

ACCOUNT STRING DESCRIPTION

ACCOUNT STRING DESCRIPTION
TOTAL
Allocate funds from West Roseville Neighborhood Park
Fund for project contract costs
BUDGET DEPARTMENT USE ONLY:

The Parks, Recreation & Libraries Department recommends a budget adjustment to increase the expenditure budget for the Rosevill e Soccer Complex project (400068) through the use of available resources in the West Rose ville Neighborhood Park Fund 3311 ($3 million), the West Roseville Citywide Park Fund 3304 ($1.5 million), and the Placer Valley Tourism's repayment of incurred expenditures of the old abandoned long field project ($1.17 million), plus interest ($110,000). Placer Valley Tourism agreed to pay the City four $250,000 payments annually from 2021- 2024, with a final payment of $171,268 in 2025 plus interest. The City has received the first two payments for FY2020-21 and FY 2021-22; however, the project budget only includes a partial revenue budget of $250,000. This budget adjustment increases the revenue budget by t he unbudgeted expected reimbursement plus interest and establishes the expenditure budget for the total repayment amount. This budget adjustm ent will ensure adequate funds to enter into the agreement to construct the complex. This project includes multiple long fields and will be a regional draw for sporting events, resulting in added revenue to the City through sales tax and Transient Occupancy Tax revenue. This budget adju stment doesn't impact the General Fund.

TOTAL
REQUIRED APPROVALS:

Revenue from Placer Valley Tourism Agreement
dedicated to Soccer Complex Project
TOTAL
2/28/20239:44 AM
1 02/28/2023

COUNCIL COMMUNICATION
CC #:
2578
File #:
0709-01 & 0103-03-02
Title:

HOUSING AUTHORITY/CITY COUNCIL – FY2023-24 Annual Plan
Contact:

Suzi Cook-Turner 916-774-5414 [email protected] Trisha Isom 916-746-1239 [email protected]

Meeting Date: 3/15/2023
Item #: 8.1.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council, acting as the governing board for the Roseville Housing Authority take the following actions:

1. Adopt a resolution to approve the FY2023-24 Roseville Housing Authority Annual Plan; and

2. Authorize the Executive Director to submit the FY2023-24 Roseville Housing Authority Annual Plan to the U.S. Department of Housing & Urban Development along with the required certifications, disclosures, and related documents.

BACKGROUND
Pursuant to the 1998 Quality Housing and Work Responsibility Act ("QHWRA"), all housing authorities must submit an Agency Plan, which includes a Five Year Plan and an Annual Plan. The U.S. Department of Housing and Urban Development ("HUD") designed the Agency Plan to reflect the current and future goals of all housing authorities.

It is also intended to identify the
needs of the households served by Roseville Housing Authority ("RHA"). HUD has designated RHA as a “High Performer” for the last 18 years which allows RHA to submit a simplified annual plan.

RHA submitted its Five Year Plan to HUD in 2020 and RHA is only required to submit an Annual Plan for 2023.

RHA is able to provide up to 813 households with Housing Choice Voucher (HCV) rental assistance funded through HUD. This total includes several special voucher programs including Emergency Housing Vouchers, Mainstream vouchers and VASH vouchers that serve those coming directly from homelessness. The mission of RHA is to provide the opportunity for decent, safe and sanitary affordable housing to very low and extremely low-income families in Roseville and Rocklin by:

effectively administering HCV rental assistance funds;
delivering a high level of customer service; and
encouraging family self-sufficiency.

In the last year, RHA has made much progress toward the goals in the Five Year and Annual Plan.

RHA continues to apply for and implement new voucher programs while working with Placer County’s Continuum of Care in order to expand the supply of assisted housing.

RHA worked
toward improving the quality of assisted housing by resuming Housing Quality Standards inspections after a hiatus due to the COVID-19 pandemic. In order to increase assisted housing choices, RHA recently implemented a new landlord recruitment program. The plan also highlights the progress made in the area of affirmatively furthering Fair Housing as well as collaboration with homeless housing service providers and other local jurisdictions.

The draft plan is required to have a 45-day local comment period before it is heard at a public hearing. The 45-day comment period was noticed and commenced on January 20, 2023, closing March 15, 2023. To date, staff has not received any comments from the public regarding this item.

RHA’s Resident Advisory Board members were provided with copies of the draft Annual Plan.

Their comments supported the content of the proposed plan, including RHA’s goals and its progress in meeting them.

Subject to the Housing Authority Board’s action on the proposed Annual Plan, staff anticipates submitting the final document to HUD in compliance with the April 15, 2023 due date.

FISCAL IMPACT
RHA provides an important social service to ensure safe and affordable housing for our residents which is an essential component to the foundation of our community’s economic and social stability. Through monthly rental assistance payments, the Housing Choice Voucher Program invests $7.7M into the local rental economy annually. This item does not create any additional cost to the City’s General Fund.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of the Roseville Housing Authority Annual Plan meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community.

Respectfully Submitted,
Suzi Cook-Turner, Housing Supervisor
Melissa Anguiano Economic Development Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 1-23
2023 RHA Annual Plan
Public Notice Proof of Publication
RESOLUTION NO. 1-23

HOUSING AUTHORITY OF THE CITY OF ROSEVILLE
APPROVING THE FY2023-24 ANNUAL PLAN

WHEREAS, the Department of Housing and Urban Development (HUD) requires all housing authorities to submit an Agency Plan, which includes an Annual Plan; and

WHEREAS, staff has prepared the Annual Plan for FY2023-24; and WHEREAS, the Housing Authority has reviewed the plan;

NOW, THEREFORE, THE HOUSING AUTHORITY OF THE CITY OF ROSEVILLE DOES HEREBY RESOLVE that:

1. The Roseville Housing Authority Annual Plan for FY2023-24 is hereby approved,

2. The Executive Director is authorized to submit the Roseville Housing Authority Annual Plan for FY2023-24 to the U.S. Department of Housing and Urban Development along with all required certifications, disclosures, and related documents.

PASSED AND ADOPTED by the Housing Authority of the City of Roseville this day of , 20 , by the following vote on roll call:

AYES AUTHORITY MEMBERS:

NOES AUTHORITY MEMBERS:

ABSENT AUTHORITY MEMBERS:

Chair
ATTEST:

Secretary

Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 03/31/2024

Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families

Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.

Definitions.

(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.

A.

PHA Information.

A.1

PHA Name: Roseville Housing Authority___________ PHA Code: CA128_______________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2023 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) ____823_______ PHA Plan Submission Type: Annual Submission Revised Annual Submission

Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.

A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.

Copies of the PHA Plans may be obtained at the Agency’s main office and online::
316 Vernon Street, Suite 150
Roseville, CA 95678
https://www.roseville.ca.us/hcv

PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:

B.

Plan Elements.

B.1

Revision of Existing PHA Plan Elements.

a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission?

Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Operation and Management.

Informal Review and Hearing Procedures.

Homeownership Programs.

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.

Substantial Deviation.

Significant Amendment/Modification.

(b) If the PHA answered yes for any element, describe the revisions for each element(s):

B.2

New Activities. – Not Applicable

B.3

Progress Report.

Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan.

RHA Mission Statement:

The mission of the Roseville Housing Authority is to provide opportunity for decent, safe and sanitary affordable housing to very low and extremely low-income families in Roseville and Rocklin by:

o Effectively administering Housing Choice Voucher rental assistance funds (a) PROGRESS: The Roseville Housing Authority has effectively administered Housing Choice Voucher rental assistance funds by monthly reviewing available funds and lease up to determine further leasing strategy. This has resulted in utilizing the full budget authority for the last calendar year, short fall funding as well as reserve funds keeping all families housed. o Assisting families with opportunities for safe, decent and affordable housing. (a) PROGRESS: By carefully monitoring market trends, lease-up, and success rate RHA ensures we are able to assist the largest number of families possible. Our 2022 utilization for HCV vouchers was 94.1% o Delivering a high level of customer service
(a) PROGRESS: RHA staff participated in two customer service trainings in 2022 and will continue to seek out and attend training that allows for staff to improve upon their customer service skills. (b) PROGRESS: As of 2023 RHA has a dedicated staff member that landlords can contact to get their questions answered, information about the HCV program and RHA policies and procedures. (c) PROGRESS: Our level of customer service has been consistently high. This is evidenced, in part, by our practice of giving out our direct lines to owners and participants, and when unable to answer the call personally, return the call no later than the next business day. When we receive RFTAs we strive to approve them as soon as possible and complete the move-in inspection within 2 business days of when the unit is available for inspection. (d) PROGRESS: Partnering with AffordableHousing.com has enabled property managers and landlords to list their available properties/units through the online portal free of charge giving applicants and participants easier access to unit information.
o Encouraging family self-sufficiency
(a) PROGRESS: Roseville Housing Authority continues its collaboration with Placer County Housing Authority (PCHA). This joint effort includes the complete revamping of the Program Coordinating Committee (PCC). With PCHA’s strong Placer county connection and RHA’s work with Roseville Rocklin area resources has resulted in a newly formed, robust and active PCC. (b) PROGRESS: In 2022 RHA has its revised FSS Action plan submitted and approved by HUD. (c) PROGRESS: RHA had 27 participants enrolled in the FSS Program in 2022 with a total of $32,364.00 in escrow paid to two graduates.
(d) PROGRESS: FSS staff intends on expanding the goal number of participants it currently serves. The current goal is to maintain 24 FSS participants.

The mission shall be accomplished by a fiscally responsible, creative organization committed to excellence in public service.

Goals for the current 5-Year Plan:

1. Expand the supply of assisted housing.
(a) PROGRESS: After making 75 PBVs available under an RFP, RHA received 6 applications from developers and awarded 60 PBV in total for all projects.
(b) PROGRESS: HUD awarded RHA 8 additional HCVs October 1, 2022. This was the first award of regular vouchers in over 12 years.
o The Roseville Housing Authority will apply for additional VASH vouchers if they become available. (c) PROGRESS: RHA had the opportunity to apply for additional HUD VASH vouchers and with the support of the VA was awarded 10 vouchers in January 2022.
(d) PROGRESS: RHA applied for and was awarded 10 HUD VASH vouchers in February 2023. (e) PROGRESS: RHA has submitted an application for Stability Vouchers (SV) with a letter of support from the CoC. SVs are to assist individuals and families who are homeless, at-risk of homelessness, fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking, and human trafficking, and veterans and families that include a veteran family member that meets one of the proceeding criteria.

2. Improve the quality of assisted housing.
(a) PROGRESS: RHA administering project-based vouchers as an option so that the quality of housing assisted by the program is further reviewed by RHA. In a community with a low vacancy rate, it is important to provide vouchers a priority to new and high quality housing opportunities. o The Roseville Housing Authority will maintain its high-performer rating (SEMAP score). (b) PROGRESS: Due to the COVID – 19 Pandemic and HUD administered waivers, RHA maintained its current high- performer rating
(c) PROGRESS: RHA was able to resume Housing Quality Standards inspections in 2022 after inspections were halted due to the COVID-19 pandemic. Over 600 inspections were conducted in 2022.

3. Increase assisted housing choices.
o The Roseville Housing Authority will continue to encourage property owners to provide available unit information for Housing Choice Voucher holders that are searching for a rental unit. (a) PROGRESS: RHA has made available to landlords a dedicated staff member they can contact directly to get information about the HCV program and have their questions answered about RHA policies and procedures. (b) PROGRESS: RHA continues to encourage landlords to list their available units through the AffordableHousing.com portal.

This service is free for landlords with a basic listing and free to participants searching for units.

o The Roseville Housing Authority will monitor HAP payments monthly to ensure that at least 98% of the Annual Contributions Contract is utilized or that 98% of total unit months are leased each year. (c) For CY 2021 RHA utilized 94.1% of regular HCV vouchers, 96.7% of NED vouchers, 75.9% of Mainstream vouchers,

37.3% of EHV and 72.2% of HUD VASH vouchers. RHA is working within the budget and in partnership with housing owners and managers and the Department of Veteran’s Affairs to fully utilize all regular, NED, Mainstream, EHV and HUD VASH vouchers. While vouchers were not fully leased, over 100 percent of the Annual Contributions Contract was utilized, including the use of program reserve funding.

4. Affirmatively further Fair Housing
o The Roseville Housing Authority will provide training opportunities for staff to promote equal opportunity in housing. (a) PROGRESS: RHA actively looks for training opportunities and events related to Fair Housing. (b) PROGRESS: RHA staff attended Fair Housing training and other trainings related to the fair housing subject including addressing reasonable accommodations.
(c) PROGRESS: RHA encourages participants to engage in the reasonable accommodation (RA) process and actively addresses RA requests.

5. Collaborating with homeless housing service providers and other local jurisdictions (a) PROGRESS: RHA continues to work with the local CoC – Housing Resource Council of the Sierras (HRCS). (b) PROGRESS: RHA, through the CoC, collaborated with 11 agencies to refer applicants to the Emergency Housing Voucher (EHV) program where RHA issued all 50 of its EHV vouchers to applicants within a year of receipt of the vouchers. o The Roseville Housing Authority maintains a close relationship with surrounding housing authorities (c) PROGRESS: RHA continues to work in partnership with PCHA in different PHA programs such as the EHV program as well as our VASH vouchers. The FSS program is our most recent collaboration with PCHA. (d) PROGRESS: Continued collaboration with 5 agencies via the CoC with referrals to RHA’s Mainstream Voucher program.

B.4

Capital Improvements. – Not Applicable

B.5

Most Recent Fiscal Year Audit.

(a) Were there any findings in the most recent FY Audit?

Y N N/A

(b) If yes, please describe:

C. Other Document and/or Certification Requirements.

C.1

Resident Advisory Board (RAB) Comments.

(a) Did the RAB(s) have comments to the PHA Plan?

Y N

(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

C.2

Certification by State or Local Officials.

Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3

Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan?

Y N

If yes, include Challenged Elements.

D.

Affirmatively Furthering Fair Housing (AFFH).

D.1

Affirmatively Furthering Fair Housing (AFFH).

Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal

To continue to Affirmatively further Fair Housing, RHA staff continues to collaborate with the Housing Division to reserve Community Development Block Grant funds to provide legal services for those experiencing housing discrimination.

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal

Roseville Housing Authority provides contact information to Legal Services of Northern California and Project Sentinel to program participants when legal questions regarding fair housing are raised.

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal

Roseville Housing Authority staff attended Fair Housing Rights training in April 2022 and encourages staff to attend trainings when offered.

Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV-Only PHAs
___________________________________________________________________________

A. PHA Information. All PHAs must complete this section. (24 CFR §903.4)

A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.

PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a))

B. Plan Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3))

B.1 Revision of Existing PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."

Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant- based assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)).

The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii))

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b))

Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))

Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d))

Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)).

Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))

Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k))

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).

Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))

Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan.

If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs.

B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1))

B.4 Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs

B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))

C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19)

C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).

C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.

D. Affirmatively Furthering Fair Housing (AFFH).

D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.

Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.

This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a ne w section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and member s of the public for serving the needs of low- income, very low- income, and extremely low- income families.

Public reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Reg ulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality

COUNCIL COMMUNICATION
CC #:
2576
File #:
0113-02
Title:

Community Development Block Grant Program – 2022 Annual Action Plan Substantial Amendment, Community Development Block Agreement Amendment, and Rating and Ranking Guidelines
Contact:

Trisha Isom 916-746-1329 [email protected]

Meeting Date: 3/15/2023
Item #: 8.2.

RECOMMENDATION TO COUNCIL
Staff requests that the City Council:

1. Receive public comment on the proposed amendment to the 2022 Annual Action Plan;

2. Adopt a resolution to approve the proposed amendment to the 2022 Annual Action Plan, and authorize the City Manager to execute necessary documents and certifications on behalf of the City of Roseville for submittal to the U.S. Department of Housing & Urban Development; and

3. Adopt a resolution authorizing the City Manager to execute the First Amendment to Community Development Block Grant Agreement for Placer Veterans Stand Down Event; and

4. Adopt a resolution to approve the proposed Rating and Ranking Guidelines for the Community Development Block Grant.

BACKGROUND
As an entitlement jurisdiction, the City of Roseville receives an annual allocation of Community Development Block Grant ("CDBG") funds from the U.S. Department of Housing and Urban Development ("HUD") to promote affordable housing and community development programs for low-income residents. Each year the City must produce an Annual Action Plan outlining how CDBG funds will be used to address the goals of the five year Consolidated Plan. On May 18, 2022, Council approved the Annual Action Plan for the 2022/23 program year, which included an allocation of $15,000 to Placer Veterans Stand Down ("PVSD") for the organization’s upcoming PVSD event to be held in May of 2023.

This annual event has traditionally been held at @ the Grounds in Roseville, until 2020 when PVSD could not reach a deal for a new contract, partially due to the COVID-19 pandemic.

Subsequent events were held at the Auburn Fairgrounds, which was not ideal and lead to many veterans being unable to attend. Originally, PVSD planned to hold the 2023 event at The Gold Country Fairgrounds and Event Center in Auburn. PVSD was recently able to secure a spot at @ the Grounds in Roseville for their 2023 event after the 2022 CDBG Action Plan was approved.

The organization expects to be able to double the amount of Roseville veterans who attend the event when it is hosted in Roseville and the new contract to utilize @ the Grounds will cost less than the alternate location.

According to the City’s Citizen Participation Plan, adopted in 2020, an Annual Action Plan will be amended any time there is a change in the purpose, location, scope, or beneficiaries of an activity.

Therefore, the change in location of the PVSD event constitutes a substantial amendment to the 2022 Annual Action Plan. In order to provide the public the opportunity to review and comment on the proposed substantial amendment, the City opened a 30-day public comment period which began January 17, 2023 and concluded on February 17, 2023. No public comments were received. Staff requests approval of the proposed second substantial amendment to the 2022 Annual Action Plan in order to allow Placer Veterans Stand Down to hold their event at @ the Grounds in Roseville.

CDBG Rating and Ranking Guidelines
The City’s CDBG program receives applications from various organizations on an annual basis.

Each application must be reviewed, rated, and ranked in order to determine which programs will receive funding. The City’s Community Development Block Grant Rating and Ranking Guidelines are in place to ensure an unbiased review process. For years, CDBG staff has utilized the current Rating and Ranking Guidelines adopted by City Council in 2009. Staff researched similar CDBG guidelines for other jurisdictions and determined that it would be suitable to revise the City’s established guidelines in order to ensure they are relevant and up-to-date. The primary modification to the guidelines includes updating the makeup of the application review team and increasing the minimum and maximum requests in the Public Services category. The minimum request will be increased from $5,000 to $10,000 and the maximum amount of funding requests will increase from $15,000 to $25,000. The proposed revisions will align the guidelines with the current needs of the community and current average annual grant allocations received from HUD.

In order to ensure the rating and ranking guidelines stay up-to-date, staff will review and suggest updates to the guidelines during each 5-year Consolidated Plan process. If approved, the proposed Rating and Ranking Guidelines will go into effect for the 2024/25 CDBG funding cycle as applications for the current funding cycle have already been submitted.

FISCAL IMPACT
CDBG funding is provided as a federal grant to the City of Roseville. These grants are used to serve the low-income community and offset potential costs to the General Fund. This item does not impact the City's General Fund.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The approval of the proposed substantial amendment, approval of a CDBG Amendment, and Rating and Ranking Guidelines meet the above criteria and are not subject to CEQA. No additional environmental review is required.

CDBG funds are subject to the National Environmental Protection Act (NEPA) as implemented by HUD at 24 CFR 58. NEPA reviews will be completed for each program and project funded prior to any expenditures for these activities.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community

Respectfully Submitted,
Trisha Isom, Housing Manager
Melissa Anguiano, Economic Development Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 23-084
Summary of Substantial Amendment PVSD
Resolution 23-085
Amendment to CDBG Agreement with PVSD
Resolution 23-086
2023 Proposed Rating and Ranking Guidelines
RESOLUTION NO. 23-084

APPROVING THE PROPOSED AMENDMENT TO THE 2022 ANNUAL ACTION PLAN

WHEREAS, as an entitlement jurisdiction, the City of Roseville receives an annual allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) to promote affordable housing and community development programs for low-income residents; and

WHEREAS, each year the City must produce an Annual Action Plan outlining how CDBG funds will be used to address the goals of the five-year Consolidated Plan; and

WHEREAS, on May 18, 2022, Council approved the Annual Action Plan for the 2022/23 program year, which included an allocation of $15,000 to Placer Veterans Stand Down (PVSD) for the organization’s upcoming PVSD event to be held in May of 2023; and

WHEREAS, according to the City’s Citizen Participation Plan, adopted in 2020, an Annual Action Plan will be amended any time there is a change in the purpose, location, scope, or beneficiaries of an activity; and

WHEREAS, in order to provide the public the opportunity to review and comment on the proposed substantial amendment, the City opened a 30-day public comment period which began January 17, 2023 and concluded on February 17, 2023; and

WHEREAS, no public comments were received; and

WHEREAS, staff requests approval of the proposed second substantial amendment to the 2022 Annual Action Plan in order to allow Placer Veterans Stand Down to hold their event at @ the Grounds in Roseville; and

WHEREAS, the proposed amendment to the 2022 Annual Action Plan has been reviewed by the City Council.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that the Amended 2022 Annual Action Plan is hereby adopted and the City Manager or his designee is authorized to execute necessary documents and certifications on behalf of the City of Roseville for submittal to the U.S. Department of Housing and Urban Development.

PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR

ATTEST:

City Clerk

SUMMARY OF SUBSTANTIAL AMENDMENT
The City of Roseville proposes a Substantial Amendment to the 2022 Annual Action Plan.

This document constitutes the City of Roseville’s proposed substantial amendment to the following document:
• 2022 Annual Action Plan, covering July 1, 2022 through June 30, 2023 Summary of Substantial Amendment to 2022 Annual Action Plan:

Substantial Amendment 2: The approved 2022 Action Plan included a project to provide $15,000 in funding to Placer Veterans Stand Down (PVSD) for their annual Placer Veterans Stand Down event, which will be held in May of 2023.

Although not the organization’s ideal choice, they planned to hold the 2023 event at The Gold Country Fairgrounds and Event Center in Auburn, CA. Due to various factors, PVSD opted to seek to relocate the event to The Grounds in Roseville, which they were able to secure after the 2022 Action Plan approval.

The reasons leading to the change in location included the following:
- The event has traditionally been held at The Grounds in Roseville, until COVID when PVSD could not reach a deal for a new contract. While the 2022 event was held at the Auburn Fairgrounds, which was not ideal, leading to lots of veterans being unable to attend.
- The costs to utilize The Grounds versus The Gold Country Fairgrounds are less. - The organization expects to double to triple the amount of Roseville veterans to attend with the event hosted in Roseville versus Auburn.

The change in location of the 2023 event constitutes a substantial amendment to the Annual Action Plan.

The following sections in the 2022 Annual Action Plan will be amended:

AP-38 Project Summary
Project Summary Information

4 Project Name Placer Veterans Stand Down Event (2022-04) Target Area
Goals Supported Addressing Homelessness
Needs Addressed Shelter and Housing for Homeless Persons Funding CDBG: $15,000
Description 570.201 (e) Public services 570.208 (a) (2) LMC Low/mod limited clientele benefit
03T - Operating Costs of Homeless/AIDS Patients Programs The program will assemble over 60 service providers to offer free services to military veterans and their family members; services provided with this funding will be targeted to homeless Roseville veterans.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that 70 homeless veterans will be served by the program.

Location Description The program serves Roseville homeless veterans. Placer Veterans Stand Down offices are located at 1451 Dorchester Dr. Roseville, CA 95678. Event is located at The Gold Country Fairgrounds and Event Center (209 Fairgate Road Auburn, CA 95603). Event will be located at The Grounds in Roseville (700 Event Center Drive, Junction Blvd, Roseville, CA 95678). Administrative offices for @the Grounds in Roseville are located at 451 Los Vegas Ave, Roseville CA 95678.

Planned Activities The Placer Veterans Stand Down event, which will be held in May of 2023, assembles a broad spectrum of resources at one central location, making it accessible for veterans to obtain the goods and services they need to improve their quality of life and obtain some form of stability. The free services offered includes dental, medical, vision (including free prescription glasses), legal (including Placer County court), hearing exams, animal care services, employment counseling, housing agencies, mental health services, alcohol and substance abuse counseling, meals, showers, and an optional overnight stay.

RESOLUTION NO. 23-085

APPROVING A FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK

GRANT AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND PLACER VETERANS STAND DOWN, INC., AND AUTHORIZING THE CITY MANAGER TO

EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, a First Amendment to Community Development Block Grant Agreement for Placer Veterans Stand Down Event, by and between the City of Roseville and Placer Veterans Stand Down, Inc., has been reviewed by City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said first amendment is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR

ATTEST:

City Clerk
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D021\P005\00073801.DOCX; 01/04/2023]

FIRST AMENDMENT TO

COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT

FOR PLACER VETERANS STAND DOWN EVENT

GRANT NO.: B-22-MC-06-0043
CFDA: 14.218

THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this ___ day of __________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and Placer Veterans Stand Down, Inc., a California non-profit corporation (“SUBRECIPIENT”); and
W I T N E S S E T H:

WHEREAS, CITY and SUBRECIPIENT previously entered into a Community Development Block Grant Agreement for the Placer Veterans Stand Down Event, Grant No. B- 22-MC-06-0043, CFDA: 14.218, dated September 16, 2022 (“Agreement”); and WHEREAS, CITY desires to amend Exhibits A-1 and A-2 of the Agreement to change the location of the Placer Veterans Stand Down Event. The amended versions of Exhibits A-1 and Exhibit A-2, which are attached hereto and incorporated herein by reference, change the location of the event from the Gold Country Fairgrounds in Auburn, California to @the Grounds in Roseville, California.

NOW, THEREFORE, the parties agree as follows:

1. SUBRECIPIENT shall change the location of the event as described in Exhibits A-1 and A-2 of this First Amendment to Agreement.

[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D021\P005\00073801.DOCX:01/04/2023]

EXHIBIT “A-1”
1 EXHIBIT “A-1”

SCOPE OF SERVICES

Agency Name: Placer Veterans Stand Down, Inc.

Program Title: Placer Veterans Stand Down Event
Amount of Request: $14,980
Amount of Award: $15,000
Number/type of annually unduplicated
Persons/Households to Be Assisted:
70 homeless Roseville individuals

Units of service: 140 shelter nights
Target date to complete: 06/30/2023
Location: Placer Veterans Stand Down offices are located at 1451 Dorchester Dr. Roseville, CA 95678.

Event will be located @the Grounds in Roseville (700 Event Center Drive, Junction Blvd, Roseville, CA 95678). Administrative offices for @the Grounds in Roseville are located at 451 Los Vegas Ave, Roseville CA 95678.

Eligible Activity: §570.201 (e) Public services
National Objective: §570.208 (a) (2) LMC Low/mod limited clientele benefit

Description of Eligible Activities funded by Grant: The major overall goal of the PVSD and the annual event is to improve the lives of military veterans and their families, regardless of their past or current situation. PVSD works to help every homeless and at-risk veteran find housing, employment, and access to medical, dental, and mental health/substance abuse counseling as needed.

The Placer Veterans Stand Down event, which will be held in May of 2023, assembles a broad spectrum of resources at one central location, making it accessible for veterans to obtain the goods and services they need to improve their quality of life and obtain some form of stability. The free services offered includes dental, medical, vision (including free prescription glasses), legal (including Placer County court), hearing exams, animal care services, employment counseling, housing agencies, mental health services, alcohol and substance abuse counseling, meals, showers, and an optional overnight stay.

The Placer Veterans Stand Down event will assemble over 60 service providers to offer free services to military veterans and their family members; services provided with this funding will be targeted to homeless Roseville veterans.

PVSD will strictly be using the funding for individuals residing in Roseville that are considered homeless. Since all veterans who register for the event receive the same free access to dozens of vital services, PVSD will use the honor system when analyzing a veteran's statistics. It is expected for the more affluent veteran community to step aside and allow the homeless and at-risk individuals the right to these services. Funding will then be reserved for those Roseville residents from the CDBG, requiring additional funding for other guests to come from other funding sources.

The registration process requires the completion of a questionnaire, which includes:

- Basic information
- VA services they have received in the past
- Housing information; stating if they are homeless or at-risk, as well as where they reside or are located - Contact information; how PVSD can communicate with them if homeless - If the individual has family in need of assistance
- State their employment status
- List income information and enlisted VA financial programs 2 - Select what services/assistance they will be seeking at the event, to help better prepare the event staff and volunteers

The funds will be used for meals, shelter, medical supplies, and takeaway supplies including clothing, shelter needs (backpacks, sleeping bags, bedding), and other essentials.

Reporting: Although the event will not be held until the fourth quarter, PVSD will complete and submit quarterly reports using ZoomGrants. Reports are due by the end of the month following the completion of the quarter.

PVSD will report the number of Roseville persons served, what services were provided, and the days services were provided. This will be provided with the reimbursement request.

Documentation of Eligibility: This activity is eligible for CDBG funding as a public service that serves homeless persons. The Subrecipient must collect documentation that shows all persons served are low -income. The Subrecipient must also collect information on the race, ethnicity, and age of those served. Current income limits are published at https://www.hudexchange.info/incomecalculator/ (click on CDBG Income Limits) and are attached.

Use of Funds: CDBG funds may only be used to reimburse the Subrecipient for those costs shown in EXHIBIT “A -

2.” All costs must be directly related to the provision of services. Reimbursement requests must be supported with appropriate documentation. For example, labor costs must be supported with timesheets.

Timely Performance and Expenditure: Progress towards meeting goals for persons served, units of service, and funds expended will follow the schedule shown in EXHIBIT “A-2.” Reimbursement requests will be submitted by the end of the month following the completion of the quarter for all expenses within the quarter. [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D021\P005\00073801.DOCX:01/04/2023]

EXHIBIT “A-2”