Agenda packet, first session — Roseville City Council, February 21, 2024 (part 1 of 9)

AGENDA
February 21, 2024

CITY COUNCIL
6:00 p.m.

Council Chambers
311 Vernon Street
Roseville, CA
www.roseville.ca.us

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

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

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

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

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

Americans with Disabilities Act - Notify the City Clerk or Secretary at least 72 hours in advance if special assistance is required to participate in a meeting including the need of auxiliary aids or services.

Audio/Visual Presentations - If making a presentation regarding an agenda item, audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance.

Security procedures are in place to attend Roseville City Council meetings. All attendees must successfully pass through a security metal detector. Any person with a prohibited item will not be allowed entry. Prohibited items include, but are not limited to: firearms (even with valid CCW), knives, pepper spray/mace, explosives of any kind/ any weapons and/or dangerous devices of any kind, illegal drugs and alcohol.

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

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. MEETING PROCEDURES

5. PUBLIC COMMENTS

6. CONSENT CALENDAR

BEGINNING OF CONSENT CALENDAR
Minutes

6.1. Minutes of Prior Meeting
Memo from City Clerk Technician Melissa Lipp and City Clerk Carmen Avalos recommending the City Council approve the minutes of the January 17, 2024 City Council/Housing Authority Meeting.

CC #: 3184
File #: 0102-03
CONTACT: Melissa Lipp 916-774-5268 [email protected] Bids / Purchases / Services

6.2. Database Backup Storage Replacement - Capital Improvement Project Approval, Contract Purchase Agreement and Budget Adjustment Memo from Information Technology Program Manager Brian Johnson and Chief Information Officer Hong Sae recommending the City Council adopt RESOLUTION NO. 24-045 APPROVING A CONTRACT PURCHASE

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
EPLUS TECHNOLOGY, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3003442); and adopt ORDINANCE NO. 6784 AUTHORIZING CERTAIN
AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET AND

DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approval of the establishment of a new Capital Improvement Project – the Database Backup Storage Replacement Project and a contract purchase agreement with E-Plus Technology Inc. to install, configure, and support the City's database backup storage replacement devices in the amount of $282,341.12 using the National Association of State Procurement Officials contract AR2472 with participating addendum 7-17-70-40-05. Staff also recommends a budget adjustment appropriating $300,000 in the Information Technology Replacement Fund to the project for the replacement of the City’s existing end of life database backup solution.

CC #: 3181
File #: 0203-06 & 0201-01
CONTACT: Brian Johnson 916-774-5141 [email protected]

6.3. Electric Generation Vapor Compressor – Sole Source Purchase Order Memo from Power Generation Superintendent Matthew Garner and Electric Utility Director Dan Beans recommending the City Council approve a sole source purchase order with American Compressor Company for two spare Howden Roots manufactured rotary lobe vapor compressors for a total amount not to exceed $226,345.22. Funding is included in the Electric Department's FY2023-24 budget in the Electric Fund.

CC #: 3168
File #: 0203-07
CONTACT: Matt Garner 916-746-1691 [email protected]

6.4. Duke Davis Water Feature Renovation Project - Reject all Bids and Authorization to Call for New Bids
Memo from Parks, Recreation & Libraries Park Development Project Manager Kelly Appier and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-033

REJECTING ALL BIDS FOR THE DUKE DAVIS WATER FEATURE
RENOVATION PROJECT. Staff requests Council reject all bids for the Duke Davis Water Feature Renovation Project and authorize staff to call for new bids.

The Leonard “Duke” Davis Park is located at 1460 Northpark Drive. The Duke Davis Water Feature Renovation Project intended to replace an existing water and sand play area with a new misting water feature. One bid was received and opened on December 4, 2023 and exceeded the available budget. The estimated cost of renovation is $138,000. Based on the available budget of $138,000, a strategy has been identified to create a base bid for the elimination of the existing water feature, concrete work and removal of the sand and bid alternates related to the water feature components to ensure the project can move forward and within budget. Funding for this project has been approved using the Diamond Creek Community Facilities District No. 1 fund. There will be no impact to the General Fund.

CC #: 3165
File #: 0203-21
CONTACT: Kelly Appier 916-774-5927 [email protected]

6.5. Johnson Pool Renovation Project - Approve Plans and Specifications and Authorization to Call for Bid
Memo from Senior Park Development Project Manager Heather Buck and Parks, Recreation & Libraries Director Jill Geller recommending the City Council approve the plans and specifications for the Johnson Pool Renovation Project and authorize staff to call for bids. The Johnson Pool is located on .47 acres at the intersection of Vernon and D Streets in the Cherry Glen/Theiles Manor neighborhood. This project implements the Johnson Pool Vision Plan with upgrades to provide needed accessibility/code upgrades to the pool house building, improvements to the pool, deck, equipment room, and associated site work. The add alternatives, including a shaded picnic area, picnic tables, and additional water play features in the shallow end of the pool, are incorporated should the City receive competitive bids. This project is partially funded by a grant in the amount of $280,000 that was awarded by the Department of Housing and Urban Development’s Community Development Block Grant in August 2022. An additional $4,081,001 was budgeted from the City's allocation of American Rescue Plan Act funding in the Federal Stimulus Reserve Fund.

Ongoing maintenance costs are funded through the General Fund. There will be no additional maintenance cost as a result of this project. CC #: 3170 File #: 0704-01
CONTACT: Heather Buck 916-774-5254 [email protected]

6.6. On-Call Pressure Washing, Sweeping & Day Porter Services (RFP 01-074) - Contract Purchase Agreement
Memo from Administrative Technician Darci Carpenter and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-036 APPROVING A CONTRACT PURCHASE

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
VALLEY SWEEPING & MAINTENANCE, INC., AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE (3003463). Staff requests Council approval of a contract purchase agreement with Valley Sweeping & Maintenance, Inc., to provide pressure washing, sweeping and day porter services in the amount of $125,000. The agreement will provide the City with pressure washing, sweeping and day porter services on an asneeded basis at the parking garages and other facility-maintained locations.

Funding for the agreement is included in the Building Maintenance and Facility Rehabilitation FY2023-24 budget. Staff also requests authorization to utilize the four optional renewal years of the contract without further Council approvals until the contract expires, contingent upon budget approval each year, or until City staff determines that continuing with the same vendor is not in the City's best interest.

CC #: 3171
File #: 0203-04
CONTACT: Darci Carpenter 916-774-5702 [email protected]

6.7. Pleasant Grove Boulevard Widening - Agreement for Acquisition of Real Property and Escrow Instructions, Award of Contract, and Budget Adjustment Memo from Associate Engineer Nicolas Bumb and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-042 APPROVING AN AGREEMENT FOR ACQUISITION OF REAL

PROPERTY, BY AND BETWEEN THE CITY OF ROSEVILLE AND PF
PORTFOLIO 1, LP, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE IT AND ALL RELATED ESCROW DOCUMENTS ON BEHALF
OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 24-
043 APPROVING AN AGREEMENT BETWEEN THE CITY OF

ROSEVILLE AND DESILVA GATES CONSTRUCTION LLC, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt ORDINANCE NO.
6783 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR
2023-24 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approval of an agreement with DeSilva Gates Inc. for construction of the Pleasant Grove Boulevard Widening Project in the amount of $9,305,623.00 with authorization for staff to exceed the award amount by 10% or $930,562.30 as a construction contingency. Staff also requests approval of the Agreement for Acquisition of Real Property and Escrow Instructions for the purchase of property for the construction of the Pleasant Grove Boulevard Widening Project with PF Portfolio 1, LP in the amount of $67,600. A budget adjustment is also requested in the amount of $11,860,000 to cover the cost of construction, construction contingency, staff time, permit fees, construction management and property acquisition. The construction of this project consists of widening approximately 1.45 miles of Pleasant Grove Boulevard from Woodcreek Oaks Boulevard to Foothills Boulevard. The project is funded with Traffic Mitigation Fee funds, Highway Users Tax funds, Road Maintenance and Rehabilitation Account funds, Water Construction funds, and Electric funds. No General Fund resources are allocated for this project.

CC #: 3179
File #: 0900-04-02 & 1002 & 0201-01
CONTACT: Nicolas Bumb 916-746-1313 [email protected]

6.8. Pressure Treated Wood Poles (RFQ 10-3370) - Purchase Order Memo from Buyer Sue Jessup and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24-037 APPROVING A PURCHASE ORDER FOR THE PURCHASE
OF PRESSURE TREATED WOOD POLES. Staff recommends Council authorize a purchase order with Stella-Jones Corporation as the lowest responsive and responsible bidder for the purchase of pressure treated wood poles in response to Request for Quotations 10-3370. The Electric Department will use this bid for ongoing requirements for pressure treated poles that will be ordered on an as-needed basis. The total not-to-exceed amount for FY2023-24 is $500,000. Funding is included in the Electric Fund.

CC #: 3172
File #: 0203-07
CONTACT: Sue Jessup 916-746-1107 [email protected] Resolutions

6.9. Recreation Management Software - Product and Services Agreement Amendment
Memo from Parks, Recreation & Libraries Superintendent Rob Nakamura and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-046 APPROVING AN AMENDMENT

TO PRODUCT AND SERVICES AGREEMENT, BY AND BETWEEN THE

CITY OF ROSEVILLE AND GLOBAL PAYMENTS INC DBA ACTIVE

NETWORK LLC, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve the agreement amendment for recreation management software with Global Payments Inc dba Active Network LLC, in an amount not to exceed $267,500 extending services through October 8, 2026. The initial term of the contract was for three (3) years with two optional three (3) year renewals.

This amendment extends the term of the original agreement to six (6) years, with one (1) optional three (3) year renewal remaining. Funding is included in the Parks, Recreation & Libraries approved FY2023-24 budget.

CC #: 3183
File #: 0704
CONTACT: Rob Nakamura 916-774-5135 [email protected]

6.10.Internet Protocol version 4 (IPv4) – Engagement Agreement Memo from Assistant IT Director Jesse Ravera and Chief Information Officer Hong Sae recommending the City Council adopt RESOLUTION NO. 24-035

APPROVING AN AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND BRANDER GROUP, INC., AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT AND ANY RELATED FORMS AND

AGREEMENTS NEEDED TO EFFECTUATE THE TRANSACTIONS ON
BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve the Engagement Agreement with Brander Group, Inc. to broker the sale and transfer of excess City-owned Internet Protocol version 4 (IPv4) addresses.

This agreement is expected to generate one time revenue from $1.1 million to $1.3 million. The City will sell 32,768 IP addresses with a targeted sale price of $40 - $43 per IP address. The net proceeds will be deposited into the Information Technology Replacement Fund to be used for future technology replacement projects.

CC #: 3169
File #: 0800-05
CONTACT: Jesse Ravera 916-774-5125 [email protected]

6.11.2024 Citywide Records Retention Schedule Update
Memo from Paralegal Gretchen Hakala and City Attorney
Michelle Sheidenberger recommending the City Council adopt RESOLUTION NO. 24-044 ADOPTING THE 2024 CITYWIDE RECORDS RETENTION SCHEDULE. Staff requests Council approve the 2024 Citywide Records Retention Schedule. This year's updates are routine in nature and include changes to statutory references, eliminating documents from the schedule that the City no longer creates, and adding new documents to the schedule. There is no fiscal impact to the General Fund.

CC #: 3180
File #: 0504-01
CONTACT: Gretchen Hakala 916-774-5325 [email protected]

6.12.Campus Oaks - City/Developer Reimbursement Agreement Memo from Principal Engineer Matt Todd and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-032

APPROVING A REIMBURSEMENT AGREEMENT, BY AND BETWEEN

THE CITY OF ROSEVILLE AND BBC ROSEVILLE OAKS, LLC, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approval of a City/Developer Reimbursement Agreement with BBC Roseville Oaks, LLC in the amount of $640,838 for the construction of landscape improvements on Blue Oaks Boulevard and Woodcreek Oaks Boulevard and minor signal modifications to the signals located at Blue Oaks Boulevard at Roseville Parkway and Woodcreek Oaks Boulevard at Painted Desert Drive. The funding source is the Traffic Mitigation Fund, resulting in no impact to the City's General Fund.

CC #: 3164
File #: 0800-06 & 0400-04-18-1
CONTACT: Matthew Todd 916-774-5562 [email protected]

6.13.Cost Allocation Plan and Indirect Cost Rate Proposal - Agreement Amendment Memo from Budget Manager Nancy Rothlisberger and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24-040 APPROVING A FIRST

AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT, BY AND

BETWEEN THE CITY OF ROSEVILLE AND MGT OF AMERICA

CONSULTING, LLC, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve an amendment to the professional services agreement with MGT of America, LLC, the City’s cost allocation plan and indirect cost rate proposal consultant, due to more work being required than originally anticipated. The cost of the amendment is $12,480 and will be absorbed into existing appropriations in the Finance Department budget in the General Fund.

CC #: 3175
File #: 0200
CONTACT: Nancy Rothlisberger 916-774-5314 [email protected]

6.14.Treated Water Pipeline Hydraulic Modeling Analysis Follow-up and Feasibility Study – Professional Services Agreement
Memo from Principal Engineer Janice Gainey and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-026 APPROVING A PROFESSIONAL SERVICES AGREEMENT,

BY AND BETWEEN THE CITY OF ROSEVILLE AND BROWN AND

CALDWELL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approval of a professional services agreement with Brown and Caldwell in the amount of $169,392 for a Treated Water Pipeline Hydraulic Modeling Analysis Follow-up and Feasibility Study. Funding for this agreement is budgeted in the Cooperative Potable Water Transmission Infrastructure project in the Water Construction Fund.

CC #: 3158
File #: 0900-02
CONTACT: Janice Gainey 916-774-5535 [email protected]

6.15.Westbrook Blvd. Capital Improvement Plan Lanes - Notice of Completion Memo from Construction Inspector Troy Galvin and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-025 ACCEPTING THE PUBLIC WORK KNOWN AS WESTBROOK
BLVD CIP LANES PROJECT, APPROVING THE "NOTICE OF
COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY

ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF

ROSEVILLE, THEREFORE, AND ACCEPTING A PORTION OF THE

DEDICATIONS OFFERED ON THE RECORDED MAP OF THE
SUBDIVISION. The Engineering Division has made final inspection of the project and has found the civil improvement work complete in accordance with the improvement plans and City specifications. This action has no impact to the City's General Fund. Construction costs were paid by the developer.

CC #: 3157
File #: 0400-04-12-1
CONTACT: Troy Galvin 916-774-5441 [email protected]

6.16.Sierra Vista Community Facilities District Phase 6A - Notice of Completion Memo from Construction Inspector Jeremy Knuthson and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-029 ACCEPTING THE PUBLIC WORK KNOWN
AS Sierra Vista CFD - Phase 6A PROJECT, APPROVING THE "NOTICE OF COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY

ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF

ROSEVILLE, THEREFORE, AND ACCEPTING A PORTION OF THE

CC #: 3160
File #: 0400-04-12-1
CONTACT: Jeremy Knuthson 916-223-3859 [email protected]

6.17.Sierra Vista Community Facilities District - Phase 6B.1 - Notice of Completion Memo from Construction Inspector Jeremy Knuthson and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24- 031 ACCEPTING THE PUBLIC WORK KNOWN AS Sierra Vista CFD - Phase 6B.1 PROJECT, APPROVING THE "NOTICE OF COMPLETION", AND

AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE SAID

NOTICE ON BEHALF OF THE CITY OF ROSEVILLE, THEREFORE, AND

ACCEPTING A PORTION OF THE DEDICATIONS OFFERED ON THE
RECORDED MAP OF THE SUBDIVISION. The Engineering Division has made final inspection of the project and has found the civil improvement work complete in accordance with the improvement plans and City specifications. This action has no impact to the City's General Fund. Construction costs were paid by the developer.

CC #: 3161
File #: 0400-04-12-1
CONTACT: Jeremy Knuthson 916-774-5252 [email protected]

6.18.Sierra Vista Community Facilities District - Phase 6B.2 - Notice of Completion Memo from Construction Inspector Jeremy Knuthson and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-030 ACCEPTING THE PUBLIC WORK KNOWN
AS Sierra Vista CFD - Phase 6B.2 PROJECT, APPROVING THE "NOTICE OF COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY

ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF

ROSEVILLE, THEREFORE, AND ACCEPTING A PORTION OF THE

CC #: 3162
File #: 0400-04-12-1
CONTACT: Jeremy Knuthson 916-774-5252 [email protected]

6.19.Sierra Vista Community Facilities District - Phase 6B.3 - Notice of Completion Memo from Construction Inspector Jeremy Knuthson and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-028 ACCEPTING THE PUBLIC WORK KNOWN
AS Sierra Vista CFD - Phase 6B.3 PROJECT, APPROVING THE "NOTICE OF COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY

ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF

ROSEVILLE, THEREFORE, AND ACCEPTING A PORTION OF THE

CC #: 3163
File #: 0400-04-12-1
CONTACT: Jeremey Knuthson 916-774-5252 [email protected]

6.20.Sierra Vista Village JM-02 Bike Trail - Improvement Plan - Notice of Completion Memo from Construction Inspector Jeremy Knuthson and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-039 ACCEPTING THE PUBLIC WORK KNOWN
AS Sierra Vista Village JM-02 - Bike Trail PROJECT, APPROVING THE "NOTICE OF COMPLETION", AND AUTHORIZING AND DIRECTING

THE CITY ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF

THE CITY OF ROSEVILLE, THEREFORE, AND ACCEPTING A

PORTION OF THE DEDICATIONS OFFERED ON THE RECORDED
MAP OF THE SUBDIVISION. The Engineering Division has made final inspection of the project and has found the civil improvement work complete in accordance with the improvement plans and City specifications. This action has no impact to the City's General Fund. Construction costs were paid by the developer.

CC #: 3174
File #: 0400-04-12-1
CONTACT: Jeremy Knuthson 916-223-3859 [email protected]

6.21.Sierra Vista Village FD-06 - Notice of Completion
Memo from Construction Inspector Jeremy Knuthson and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-027 ACCEPTING THE PUBLIC WORK KNOWN
AS Sierra Vista Village FD-06 PROJECT, APPROVING THE "NOTICE OF COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY

ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF

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

Construction costs were paid by the developer.

CC #: 3159
File #: 0400-04-12-1
CONTACT: Jeremy Knuthson 916-774-5252 [email protected]

6.22.Regional Transportation Funding and Financing Plan for South Placer and South Sutter Region - Funding Letter of Agreement Amendment Memo from Administrative Assistant Lainie Anderson and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-038 APPROVING AMENDMENT NO. 1 TO FUNDING LETTER OF
AGREEMENT 23-01, BY AND BETWEEN PLACER COUNTY

TRANSPORTATION PLANNING AGENCY AND THE CITY OF

ROSEVILLE, AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approve an amendment to the Regional Transportation Funding and Financing Plan for South Placer and South Sutter Region Funding letter of agreement to extend the end date of the agreement by six months, with no change to the total not-to-exceed amount originally agreed upon.

Funding for the agreement is from the City County Mitigation Fund. No General Fund resources will be used.

CC #: 3173
File #: 0900-04-01
CONTACT: Lainie Anderson 916-774-5331 [email protected] Ordinances (for introduction and adoption - appropriation/urgency measures)

6.23.Solaire Park – Budget Adjustment and Interfund Loan Memo from Parks, Recreation & Libraries Park Development Project Manager Joel De Jong and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt ORDINANCE NO. 6781
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023- 24 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve a budget adjustment for the Solaire Park (formerly WB-50) project in the amount of $250,000, increasing the total project budget to $2,717,489. The recommended budget adjustment proposes an interfund loan of $250,000 from the Stoneridge Neighborhood Park Fund. This increased amount takes into consideration increases in the Construction Cost Index that have impacted project costs over the last few years since the project budget was initially established, to respond to requests to enhance the undeveloped area with natural planting and irrigation for periodic watering, and higher than anticipated soft costs incurred on this project. Funds will be paid back in annual installments over a 5-year period from park fees collected from new homes in Westbrook and the pending sale of parcel WB-52. There will be no General Fund impact.

CC #: 3175
File #: 0400-04-12-1 & 0201-01
CONTACT: Joel De Jong 916-774-5924 [email protected]

6.24.Staffing Changes
Memo from Human Resource Manager Macy Dippert and Human Resource Director Stacey Peterson recommending the City Council adopt ORDINANCE NO. 6785 AMENDING ORDINANCE NO. 6772, THE SALARY

ORDINANCE FOR MANAGEMENT EMPLOYEES, AS AMENDED BY
APPENDIX “B” TO BE EFFECTIVE FEBRUARY 10, 2024, AS AN
URGENCY MEASURE; and adopt ORDINANCE NO. 6786. As part of an ongoing assessment of the appropriate staffing levels to provide a high level of service to the community, staff recommends that the City Council approve the A & B Management salary schedules to reflect the addition of Police Social Services Practitioner I/II, Intelligent Transportation Systems Maintenance Supervisor, Building Plans Examiner Supervisor and City Librarian, and deletion of Police Social Services Practitioner. Also recommended is City Council approval for A & B Local 39 salary schedules reflecting the salary adjustment of the Waste Services Field Enforcement Inspector. Staff recommends retitling three (3) classifications into five (5) classifications. Staff also recommends the City Council approve the reclassification of three (3) positions. For the remainder of FY2023-24, the financial impact of the recommendations are as follows: (1) Waste Services Operations Fund - $16,232, (2) Electric Fund - $8,802 and (3) General Fund - $10,240. All net budget increases can be absorbed in existing appropriations, so no budget adjustments are requested at this time.

CC #: 3182
File #: 0600-01
CONTACT: Macy Dippert 916-774-5215 [email protected]

6.25.Hazardous Materials Derailment Training Facility - Grant Amendment and Budget Adjustment
Memo from Assistant Fire Chief Ryan Harrigan and Fire Chief Rick Bartee recommending the City Council adopt RESOLUTION NO. 24-041

APPROVING A GRANT AGREEMENT AMENDMENT FOR THE

HAZARDOUS MATERIALS DERAILMENT TRAINING FACILITY, BY AND

BETWEEN THE CITY OF ROSEVILLE AND THE CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ANY RELATED

DOCUMENTS NEEDED TO RECEIVE GRANT FUNDS ON BEHALF OF
THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6782
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023- 24 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve a grant agreement amendment with the California Office of Emergency Services (Cal OES) to extend funding for the continued development of the Hazardous Materials Derailment Training Facility and approve a budget adjustment for those funds. The contract with Cal OES will require an increase of $55,000 in revenue to the Fire Department's FY2023-24 budget and an associated $55,000 increase in expenditures directly related to the continued development of the Hazardous Materials Derailment Training Facility located at the Roseville Fire Training Center. The recommended budget adjustment will result in no impact to the General Fund and no City matching funds are required of the grant.

CC #: 3178
File #: 0214 & 0201-01
CONTACT: Ryan Harrigan 916-774-5820 [email protected]

END OF CONSENT CALENDAR

7. ORDINANCES

7.1. Crimson Ridge Park Upgrades Project - Approval of Plans and Specifications, Authorization for Staff to Call for Bids, and Budget Adjustment Memo from Park Development Project Manager Kelly Appier and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt ORDINANCE NO. 6780 AUTHORIZING CERTAIN AMENDMENTS TO
THE FISCAL YEAR 2023-24 BUDGET AND DECLARING THIS

ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN
APPROPRIATION MEASURE. Staff requests Council approve the plans and specifications for Crimson Ridge Park and authorize staff to call for bids. The Crimson Ridge Park Upgrades Project is located at Crimson Ridge Way and Campus Parkway in the Campus Oaks Area. Crimson Ridge Park is a new park and opened to the public in April of 2023. The park was constructed as a turnkey or developer-built park. Budget constraints resulted in the reduction of planned park improvements. Once the park opened, residents approached the City seeking additional improvements that were more in line with the approved master plan. On October 17, 2023, staff met with the neighbors to share the proposed added improvements and next steps. These amenities include a second picnic area with tables, a shade structure over the current picnic area, more pathways including a park bench, new turf areas, new planting areas and expansion of the irrigation system to support the added turf areas. The workshop attendees were supportive of the proposal and the City’s efforts. Approval of a budget adjustment of $450,000 is requested to fund the upgrades. Funding has been identified through the FY2022-23 General Fund year-end budget surplus. There will be a small increase in annual maintenance costs. Funding for maintenance will be through the HP Campus Oaks Community Facilities District No. 2 (Public Services). There will be no General Fund impact for the increase in maintenance.

CC #: 3167
File #: 0704-01 & 0201-01
CONTACT: Kelly Appier 916-774-5927 [email protected]

8. SPECIAL REQUESTS/REPORTS/PRESENTATION

8.1. Fiscal Year (FY) 2023-24 First Quarter Report and FY2024-25 Budget Development Calendar
Memo from Assistant Finance Director Scott Pettingell and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council accept an informational item with two components: (1) The FY2023-24 First Quarter Financial Report – an overview of the City’s General Fund revenues and (2) the FY2024-25 budget development calendar.

CC #: 3177
File #: 0200
CONTACT: Nancy Rothlisberger 916-774-5314 [email protected]

9. RESOLUTIONS

9.1. American River Bike Patrol - Memorandum of Understanding Memo from Assistant Transportation Planner Suzanne Engelke and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-034 APPROVING A MEMORANDUM OF

UNDERSTANDING, BY AND BETWEEN THE CITY OF ROSEVILLE AND

THE AMERICAN RIVER BIKE PATROL, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approve a Memorandum of Understanding with the American River Bike Patrol (ARBP). The Bike Patrollers of the all-volunteer ARBP provide emergency bike repair, first aid, and trail safety along area trails. The group has asked for approval to ride Miner's Ravine and Pleasant Grove Creek trails in an official capacity. There is no fiscal impact to the General Fund. The American River Bike Patrol will be donating their service to the community.

CC #: 3166
File #: 0721-02
CONTACT: Suzanne Engelke 916-746-1289 [email protected]

10. COUNCIL REPORTS / PUBLIC COMMENTS

11. ADJOURNMENT

COUNCIL COMMUNICATION
CC #: 3184
File #: 0102-03
Title: Minutes of Prior Meeting
Contact: Melissa Lipp 916-774-5268 [email protected] Meeting Date: 2/21/2024
Item #: 6.1.

RECOMMENDATION TO COUNCIL
Approve the minutes of the January 17, 2024 City Council/Housing Authority Meeting.

BACKGROUND
Not applicable.

FISCAL IMPACT
There is no fiscal impact associated with this request.

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 City Council minutes 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,
Melissa Lipp, City Clerk Technician
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
January 17, 2024 Minutes

MINUTES
January 17, 2024

CITY COUNCIL
AND

HOUSING AUTHORITY
6:00 p.m.

Council Chambers
311 Vernon Street
Roseville, CA
www.roseville.ca.us

1. CALL TO ORDER
Mayor Bruce Houdesheldt called the meeting to order at 6:02 p.m.

2. ROLL CALL

Present: Vice Mayor Krista Bernasconi, Councilmember Scott Alvord, Councilmember Pauline Roccucci, Councilmember Tracy Mendonsa, Mayor Bruce Houdesheldt.

Roseville High School Students led the Pledge of Allegiance.

3. MEETING PROCEDURES
City Clerk Carmen Avalos announced the procedures for addressing the City Council.

4. PRESENTATIONS

4.1. Roseville Chamber of Commerce - SPLASH Proceeds
Presentation to the City Parks, Recreation and Libraries Department of the proceeds from the 2023 SPLASH event to benefit youth programs within the City.

CONTACT: Rana Ghadban 916-783-8136 [email protected] Roseville Chamber of Commerce Chief Executive Officer Rana Ghadban

Page 1 of 17 ends

presented a check to the City in the amount of $20,000 to fund Parks, Recreation & Libraries youth programs.

5. PUBLIC COMMENTS
No public comment received.

6. CONSENT CALENDAR

BEGINNING OF CONSENT CALENDAR
Motion by Tracy Mendonsa, seconded by Krista Bernasconi, to approve the Consent Calendar with Councilmember Pauline Roccucci recusing herself from Item 6.9 and Councilmember Scott Alvord recusing himself from Item 6.12. The Motion Passed.

Roll call vote: Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci Minutes

6.1. Minutes of Prior Meetings
Memo from City Clerk Technician Melissa Lipp and City Clerk Carmen Avalos recommending the City Council approve the minutes of the December 6, 2023 Closed Session Meeting, December 6, 2023 City Council, Housing Authority, and Housing Successor Meeting and the December 20, 2023 City Council Meeting.

CC #: 3152
File #: 0102-03
CONTACT: Melissa Lipp 916-774-5268 [email protected] Bids / Purchases / Services

6.2. Heating, Ventilation and Air Conditioning Maintenance and Repair Services - Contract Purchase Agreement Amendment
Memo from Administrative Technician Darci Carpenter and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24- 012 APPROVING CONTRACT PURCHASE AGREEMENT AMENDMENT #1,

BYAND BETWEEN THE CITY OF ROSEVILLE AND ACCO ENGINEERING

SYSTEMS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3002795). Staff requests Council approve an amendment with ACCO Engineering Systems (ACCO) to increase the contract by $184,500, from $400,000 to $584,500. This amendment is required to provide capacity on the existing agreement with ACCO for the replacement of the aircooled chiller at the Downtown Library. Funding for this amendment is included in the FY2022-23 PRL Facilities - Renovation and Rehabilitation Project budget in the Facility Rehabilitation Fund.

CC #: 3138
File #: 0203-07

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CONTACT: Darci Carpenter 916-774-5702 [email protected]

6.3. On-Call General Construction Services – Contract Purchase Agreements Memo from Administrative Technician Darci Carpenter and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24- 014 APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND

BETWEEN THE CITY OF ROSEVILLE AND CARTER/KELLY

INCORPORATED, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3003420); and adopt RESOLUTION NO. 24-015 APPROVING A CONTRACT PURCHASE

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
KINGSLEY BUILDERS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3003423).

Staff requests Council approve a contract purchase agreement with Carter-Kelly Inc. and Kingsley Builders Inc. to provide on-call general construction services. The estimated value of the initial agreement with Carter-Kelly Inc. is $600,000 and Kingsley Builders Inc. is $600,000. Staff also requests authorization to utilize the four optional renewal years at one-year intervals without further Council approvals until the agreements expire or until City staff determines that continuing with the same vendors is not in the City’s best interest. Funding for this year is included in the Facility Services Division FY2023-24 budget and will be included in the proposed FY2024-25 budget.

CC #: 3140
File #: 0203-04
CONTACT: Darci Carpenter 916-774-5702 [email protected]

6.4. 15kV Metal-Clad Switchgear (RFQ 10-3355) - Contract Purchase Agreement and Budget Adjustment
Memo from Buyer Sue Jessup and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24- 004 APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND

BETWEEN THE CITY OF ROSEVILLE AND CROWN TECHNICAL
SYSTEMS, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3003432); and adopt ORDINANCE NO. 6777 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve a contract purchase agreement with Crown Technical Systems, Inc. as the lowest responsive and responsible bidder. The Electric Department will use this equipment for labor, materials, delivery, and installation for the Cirby Substation 12kV Switchgear Replacement Project. The total amount of the products and services is $1,702,915.65. Funding is included in the Electric Fund. Additionally, staff requests authority for the City Manager or his designee to approve change orders not to exceed ten percent (10%) for a total of $1,873,207.22. Staff also requests approval of a budget adjustment in the amount of $150,000 for the project, increasing the total project budget from $1,060,000 to $1,210,000.

Page 3 of 17 ends

CC #: 3127
File #: 0203-07
CONTACT: Sue Jessup 916-746-1107 [email protected]

6.5. Distribution Utility Poles - Sole Source Purchase Order Memo from Assistant Electric Utility Director Tom Pontes and Electric Utility Director Dan Beans recommending the City Council approve a sole source purchase order with Conrad Forest Products for distribution power poles for the 2025 American Public Power Lineworkers Rodeo for a total amount not to exceed $150,000. Funding is included in the Electric Department's FY2023-24 budget in the Electric Fund.

CC #: 3131
File #: 0203-07
CONTACT: Tom Pontes 916-774-5550 [email protected]

6.6. Substation Remote Terminal Unit Equipment (RFQ 10-3361) - Purchase Order Memo from Buyer Sue Jessup and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24- 016 APPROVING A PURCHASE ORDER FOR THE PURCHASE OF
SUBSTATION REMOTE TERMINAL UNIT EQUIPMENT. Staff recommends Council approve a purchase order with Grid Solutions, LLC as the lowest responsive and responsible bidder for the purchase of substation Remote Terminal Unit (RTU) equipment in response to Request for Quotes No. 10-3361. The Electric Department will use this contract for ongoing substation project needs including replacement of RTUs, relays, and accessories. Funding is included in the Electric Fund budget. The total spend for the initial contract period and optional renewal years through December 2028 is $625,000.

CC #: 3143
File #: 0203-07
CONTACT: Sue Jessup 916-746-1107 [email protected]

6.7. Weber Park Renovation Project - Approval of Plans and Specifications and Authorization to Call for Bids
Memo from Park Development Project Manager Kelly Appier and Parks, Recreation & Libraries Director Jill Geller recommending the City Council approve the plans and specifications for the Weber Park Renovation project and authorize staff to call for bids. The Weber Park Renovation Project is located at 310 Circuit Drive. Funding of $5.3 million was allocated and approved in the FY2022-23 and FY2023-24 budgets from the American Rescue Plan Act. There will be no increase in General Fund maintenance costs.

CC #: 3120
File #: 0704-01
CONTACT: Kelly Appier 916-774-5927 [email protected]

Page 4 of 17 ends

Resolutions

6.8. Childcare Services Funding – Grant Application
Memo from Parks, Recreations, & Libraries Manager Jeff Nereson and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-007 APPROVING A GRANT APPLICATION TO THE

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR CONTINUED

CHILDCARE SERVICES FUNDING, AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED FORMS AND AGREEMENTS ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve the application to the California Department of Social Services for the purpose of providing child care services for FY2024-25. Pending an accepted application, the City can receive a maximum reimbursable amount of $477,607 in FY2024-25 to offset direct program expenses. There is no General Fund impact as the program is funded in the Youth Development Fund.

CC #: 3130
File #: 0704 & 0214
CONTACT: Jeff Nereson 916-774-5974 [email protected]

6.9. Roseville Historical Society - Joint Use Agreement Memo from Parks, Recreations, & Libraries Manager Natasha Martin and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-010 APPROVING AN AGREEMENT, BY AND

BETWEEN THE CITY OF ROSEVILLE AND THE ROSEVILLE

HISTORICAL SOCIETY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve an agreement with the Roseville Historical Society (RHS) to operate the City's Carnegie Library Building as the Carnegie Museum, serving as a local history museum and research center. This agreement updates and supersedes all existing agreements, the last of which was amended in 2014. The new agreement outlines the responsibilities of the City in maintaining the physical building, and outlines the responsibilities of RHS in the operation of a free local history museum and research center. The City agrees to provide an annual stipend of $10,000 to RHS to support paid staff at the Museum. Funds for this payment shall be included in the Parks, Recreation & Libraries annual budget in the General Fund.

CC #: 3135
File #: 0716
CONTACT: Natasha Martin 916-774-5234 [email protected]

6.10.Cirby Elementary School - Portable Facility Lease Agreement Amendment Memo from Parks, Recreation & Libraries Superintendent Rob Nakamura and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-009 APPROVING THE FIRST AMENDMENT

TO LEASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND PLACER COMMUNITY ACTION COUNCIL, INC., AND AUTHORIZING

THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF

Page 5 of 17 ends

ROSEVILLE. Staff requests Council approve a three (3) year lease agreement with Placer Community Action Council, Inc. for the portable facility located at Cirby Elementary School, terminating December 31, 2026. The City will receive $7,500 per the length of the agreement. The City shall have no obligations to maintain or repair the leased facility. There is no General Fund impact.

CC #: 3134
File #: 0704
CONTACT: Rob Nakamura 916-774-5135 [email protected]

6.11.The Courts at Gibson Park Project - Notice of Completion Memo from Park Development Project Manager Heather Buck and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-002 ACCEPTING THE PUBLIC WORK KNOWN AS THE COURTS AT GIBSON PARK PROJECT, APPROVING THE “NOTICE OF COMPLETION”, AND AUTHORIZING THE PARKS, RECREATION AND

LIBRARIES DIRECTOR TO EXECUTE SAID NOTICE ON BEHALF OF
THE CITY OF ROSEVILLE. The Parks, Recreation & Libraries Department has made a final inspection of the Courts at Gibson Park Project and has found that all contract work has been completed in accordance with the improvement plans and specifications. The project is now ready for acceptance. Funding for the first phase of the project was approved in the FY2020-21 CIP budget using the Citywide Park and North Central Roseville Neighborhood Park Funds. Maintenance costs will be approximately $50,000/year and will be funded through the General Fund.

CC #: 3124
File #: 0704-01
CONTACT: Heather Buck 916-774-5254 [email protected]

6.12.Placer Valley Tourism - 2024 Strategic Plan and 2024 Budget Memo from Management Analyst Jeannine Thrash and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24-008 APPROVING THE 2024 PLACER VALLEY TOURISM STRATEGIC PLAN AND THE 2024 PLACER VALLEY TOURISM BUDGET. Staff requests Council approve the 2024 Placer Valley Tourism Strategic Plan and the 2024 Placer Valley Tourism Budget. The South Placer County Tourism Corporation, dba Placer Valley Tourism (PVT), promotes and supports tourism efforts that generate overnight stays within the region. Funding for these PVT activities is derived from room night assessments for all hotels in the cities of Lincoln, Rocklin and Roseville and has no impact to the City's General Fund. These assessments were voted on and approved by all of the affected hotel owners in 2014. There is no fiscal impact associated with this recommendation.

CC #: 3133
File #: 0110-01
CONTACT: Jeannine Thrash 916-774-5473 [email protected]

6.13.Transmission Agency of Northern California Long-Term Layoff - Agreement

Page 6 of 17 ends

Amendment
Memo from Assistant Utility Director William Forsythe and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 24-017 APPROVING AMENDMENT NO. 3 TO THE LONG-TERM LAYOFF

AGREEMENT BY AND AMONG THE CITY OF ROSEVILLE AND

TRANSMISSION AGENCY OF NORTHERN CALIFORNIA AND CERTAIN

OF ITS MEMBERS, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests approval of a third amendment to the Long-Term Layoff Agreement with certain members of the Transmission Agency of Northern California. The amendment extends Roseville's layoff of its South of Tesla transmission rights for an additional ten years to January 31, 2034. There is no fiscal impact associated with the amendment.

CC #: 3144
File #: 0800-03
CONTACT: William Forsythe 916-774-5619 [email protected]

6.14.International Swaps and Derivatives Association - Master Agreement Amendment Memo from Electric Resources Planner Glenn Hoffman and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 24-011

APPROVING AN AMENDMENT TO THE INTERNATIONAL SWAPS AND

DERIVATIVES ASSOCIATION MASTER AGREEMENT, BY AND BETWEEN

THE CITY OF ROSEVILLE AND BP ENERGY COMPANY, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve the amendment to the International Swaps and Derivatives Association Master Agreement (ISDA), incorporating a Gas Annex with BP Energy Company. The Gas Annex is an industry standard addition to the ISDA contract which allows the City additional flexibility in managing risk by contracting for long term physically settled natural gas.

There is no fiscal impact associated with the execution of the amendment to the ISDA Agreement.

CC #: 3137
File #: 0800-03
CONTACT: Glenn Hoffman 916-746-1670 [email protected]

6.15.Oracle Guided Learning - Subscription Amendment
Memo from Enterprise Resource Planning Program Manager Lisa Green and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24-024 APPROVING AN

INCREASE TO THE PUBLIC SECTOR AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND ORACLE AMERICA, INC., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE ORDERING
DOCUMENT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve an increase to an existing agreement with Oracle America, Inc. for a guided learning software subscription by $40,800/annually. Oracle Guided Learning will support the management and publication of city-specific training

Page 7 of 17 ends

guides and process documentation within the Oracle Cloud Enterprise Resource Planning system, used for the City's finance and human resources/payroll functions. The Finance Department has adequate General Fund resources available to absorb the $40,800 for the remainder of the fiscal year 2023-24.

CC #: 3151
File #: 0203-06
CONTACT: Lisa Green 916-774-5154 [email protected]

6.16.Baseline Road Segment 4 Project - Notice of Completion Memo from Senior Construction Inspector Andrew Druck and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-001 ACCEPTING THE PUBLIC WORK KNOWN AS BASELINE ROAD SEGMENT 4 PROJECT, APPROVING THE "NOTICE OF COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY

ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF

ROSEVILLE, THEREFORE, AND ACCEPTING A PORTION OF THE

CC #: 3119
File #: 0400-04-12-1
CONTACT: Andrew Druck 916-223-7577 [email protected]

6.17.Solaire Phase 6 - Village 5 Project - Notice of Completion Memo from Construction Inspector Matt Shields and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24- 003 ACCEPTING THE PUBLIC WORK KNOWN AS SOLAIRE PHASE 6 – VILLAGE 5 PROJECT, APPROVING THE "NOTICE OF COMPLETION",

AND AUTHORIZING AND DIRECTING THE CITY ENGINEER TO

EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF ROSEVILLE,

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

CC #: 3126
File #: 0400-04-12-1
CONTACT: Matt Shields 916-223-7109 [email protected]

6.18.Roseville Housing Authority Housing Choice Voucher Rental Assistance Program - Agreement Amendment
Memo from Housing Manager Trisha Isom and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 1-24

Page 8 of 17 ends

APPROVING AN AGREEMENT, BY AND BETWEEN THE CITY OF

ROCKLIN AND THE HOUSING AUTHORITY OF THE CITY OF

ROSEVILLE, AND AUTHORIZING THE ROSEVILLE HOUSING

AUTHORITY EXECUTIVE DIRECTOR TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. The Roseville Housing Authority currently administers rental assistance to an average of 750 households annually within the cities of Roseville and Rocklin with approximately 20% of households residing in the city limits of Rocklin. The City of Rocklin agreed to continue a contract with the Roseville Housing Authority for the administration of the Housing Choice Voucher Rental Assistance Program and to reimburse the proportionate share of the administrative subsidy needed to administer the vouchers leased in their jurisdiction. The annual reimbursement from the City of Rocklin, between $20,000 and $40,000, will help to cover a portion of the deficit in the Housing Authority budget. There is no impact to the City of Roseville's General Fund.

CC #: 3136
File #: 0709-01
CONTACT: Trisha Isom 916-746-1239 [email protected] Suzi Cook-Turner 916-774-5414 [email protected]

6.19.Dry Creek Wastewater Treatment Plant Foul Air Collection System and Biofilter Rehabilitation Project – Professional Design Services Agreement Memo from Preventative Maintenance Supervisor Jeremy Snyder and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-019 APPROVING A PROFESSIONAL DESIGN

SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND CAROLLO ENGINEERS, INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE.

Staff requests Council approve a professional design services agreement with Carollo Engineers to provide the design and engineering services during construction for the Dry Creek Wastewater Treatment Plant Foul Air Collection System and Biofilter Rehabilitation Project for a not-to-exceed amount of $895,900. Funding for this agreement is provided by the Wastewater Regional Rehabilitation Fund.

CC #: 3147
File #: 0900-02-02-1
CONTACT: Jeremy Snyder 916-746-1829 [email protected]

6.20.California Office of Traffic Safety - Grant Application Memo from Public Information Officer Chris Ciampa and Police Chief Troy Bergstrom recommending the City Council adopt RESOLUTION NO. 24-005

APPROVING A GRANT APPLICATION TO THE CALIFORNIA OFFICE OF

TRAFFIC SAFETY, AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE ALL RELATED FORMS AND AGREEMENTS ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approval to submit a grant application to the California Office of Traffic Safety (OTS) for increased education, enforcement, and outreach related to traffic safety. The grant application requests $174,672 of federal grant funds through OTS. If the

Page 9 of 17 ends

requested amount is awarded in FY2024-25, $127,152 will be appropriated to officer overtime, $22,070 to equipment/equipment maintenance and $19,033 to training and development. There is no impact to the City's General Fund.

CC #: 3128
File #: 0323 & 0214
CONTACT: Chris Ciampa 916-774-5088 [email protected] Mark Peinado 916-774-5021 [email protected]

6.21.2018 Regional Surface Transportation Program Arterial Resurfacing Project - Increase in Change Order Authority
Memo from Associate Engineer Jesse Khatkar and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-005 APPROVING AN INCREASE IN CHANGE ORDER AUTHORITY. Staff
requests Council approve an increase in change order authority by approximately

4.63% ($297,000) for the 2018 Regional Surface Transportation Program Arterial Resurfacing Project, bringing the project change order authority up to 19.63% of the total contract price of $1,256,663 due to unexpected cost increases associated with the project being unexpectedly suspended and continued to a second season at a time of unprecedented cost increases. The project resurfaced approximately 70 lane miles of roadway throughout the City and was funded by Regional Surface Transportation Program Grant Funds, Highway User Tax Funds, and Roadway Funds. No General Fund resources were used for this project.

CC #: 3129
File #: 0900-04-01
CONTACT: Jesse Khatkar 916-774-5434 [email protected]

6.22.Fair Political Practices Commission Conflict of Interest Code Amendment Memo from City Clerk Technician Blair Hutchison and City Clerk Carmen Avalos recommending the City Council adopt RESOLUTION NO. 24-
018 READOPTING CONFLICT OF INTEREST CODE AND REPEALING
RESOLUTION NO. 22-042. The Fair Political Practices Commission requires local government agencies to adopt and implement a conflict of interest code which establishes categories of public officials and employees who must disclose their personal financial interests. Filing of Statements of Economic Interest (Form 700) enables the organization to identify areas of potential conflicts so that government officials and employees can refrain from making or participating in government decisions that have a reasonably foreseeable material financial effect on his or her personal interests. The California Government Code requires each local agency to review its code at least every even-numbered year. Council adopted the last update in February 2022. There is no fiscal impact.

CC #: 3146
File #: 0503-02
CONTACT: Blair Hutchison 916-774-5266 [email protected] Ordinances (for introduction and adoption - appropriation/urgency measures)

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6.23.Chemical Detection Equipment - Grant Award and Budget Adjustment Memo from Battalion Chief Eric Sanchez and Fire Chief Rick Bartee recommending the City Council adopt RESOLUTION NO. 24-023 ACCEPTING A GRANT FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY

THROUGH THE CITY OF SACRAMENTO FOR CHEMICAL DETECTION
EQUIPMENT; and adopt ORDINANCE NO. 6779 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET AND

DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve the acceptance of a grant from the U.S. Department of Homeland Security through the City of Sacramento in the amount of $31,000 and approve a budget adjustment in the same amount to purchase chemical detection equipment. No matching funds are required and there is no impact to the General Fund.

CC #: 3150
File #: 0324 & 0201-01 & 0214
CONTACT: Eric Sanchez 916-774-5827 [email protected]

6.24.IBM Maximo Licenses - Budget Adjustment
Memo from Information Technology Program Manager Alex Vergara and Chief Information Officer Hong Sae recommending the City Council adopt ORDINANCE NO. 6778 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve a budget adjustment for Electric, Environmental Utilities, and Information Technology to adjust their budgets for the purchase of IBM Maximo licenses. The recommended budget adjustment appropriates funds in the Electric Operations Fund in the amount of $60,080, Wastewater Operations Fund in the amount of $27,605, and Information Technology Operations Fund in the amount of $59,280. These adjustments will not impact the General Fund.

CC #: 3148
File #: 0201-01
CONTACT: Alex Vergara 916-746-1168 [email protected] Ordinances (for second reading and adoption)

6.25.Second Reading - West Roseville Specific Plan Parcel F-22 (5251 Fiddyment Road) - Development Agreement Amendment
ORDINANCE NO. 6776 ADOPTING AN ELEVENTH AMENDMENT OF THE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
ROSEVILLE AND JEN CALIFORNIA 15, LLC, TAYLOR MORRISON OF

CALIFORNIA, LLC, AND WEST ROSEVILLE DEVELOPMENT COMPANY, INC. RELATIVE TO THE WEST ROSEVILLE SPECIFIC PLAN AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE, for second reading and adoption.

CC #: 3118

Page 11 of 17 ends

File #: 0400-04-09-01
CONTACT: Kinarik Shallow 916-746-1309 [email protected]

6.26.Second Reading - 2023 Speed Limit Update - Roseville Municipal Code Amendment
ORDINANCE NO. 6775 AMENDING SECTION 11.28.010 OF CHAPTER

11.28 OF TITLE 11 OF THE ROSEVILLE MUNICIPAL CODE REGARDING SPEED LIMITS, for second reading and adoption.

CC #: 3117
File #: 0316-04
CONTACT: Jana Cervantes 916-774-5498 [email protected] Reports / Requests

6.27.Environmental Utilities Project Cancellations
Memo from Principal Engineer Tracie Mueller and Environmental Utilities Director Richard Plecker recommending the City Council approve the cancellation of the following three Environmental Utilities Wastewater Projects: the Pleasant Grove Wastewater Treatment Plant Filter Replacement Project, Maximo/Granite XP Integration Database Migration, and the Pure Water Roseville Project. The cancellations return $896,481 of available resources to the Wastewater Regional Rehabilitation Fund, and $564,795 of available resources to the Wastewater Rehabilitation Fund.

CC #: 3145
File #: 0800-02
CONTACT: Tracie Mueller 916-774-5688 [email protected]

6.28.Staffing Changes
Memo from Human Resources Manager Macy Dippert and Human Resources Director Stacey Peterson recommending the City Council approve the citywide allocation schedule effective January 27, 2024, which reflects the addition of one (1) position, the conversion of one (1) limited-term position to a regular position, and the deletion of two (2) positions (one vacated by a promotional process and one replaced by a new position). As part of an ongoing assessment of the appropriate staffing levels to provide a high level of service to the community, staff requests that City Council approve the citywide staffing allocation schedule reflecting the addition of one (1) position, the conversion of one (1) limited-term position to a regular position, and the deletion of two (2) positions (one vacated by a promotional process and one replaced by a new position). For the remainder of FY2023-24, the only cost of these position changes is $93,258 for the Environmental Utilities Department, Wastewater Operations Fund. This can be absorbed by existing appropriations, so no budget adjustment is requested.

CC #: 3123
File #: 0600-01
CONTACT: Macy Dippert 916-774-5215 [email protected]

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Ceremonial Documents

6.29.Resolution - Lisa Green
Commend Lisa Green for her 11 years of outstanding service and dedication to the City of Roseville, congratulate her on her many accomplishments, and wish her a long, healthy, and enjoyable retirement.

CC #: 3142
File #: 0102-10
CONTACT: Blair Hutchison 916-774-5266 [email protected]

END OF CONSENT CALENDAR

7. RESOLUTIONS

7.1. Natural Gas Supply Services - Purchase Agreement Amendment Memo from Administrative Technician Darci Carpenter and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 23- 013 APPROVING A NATURAL GAS PURCHASE AGREEMENT

AMENDMENT, BY AND BETWEEN COMMERCIAL ENERGY OF MONTANA, INC. DBA COMMERCIAL ENERGY OF CALIFORNIA AND THE CITY OF

ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council award a purchase agreement amendment with Commercial Energy of Montana for the supply of natural gas to City facilities in accordance with Request for Proposals No. 01-070, utilizing PG&E infrastructure for transmission. Funding for natural gas is included in each divisions' FY2023-24 budget, and will be included in the proposed FY2024-25 budget in an estimated amount of $1,100,000.

CC #: 3139
File #: 0203-04
CONTACT: Darci Carpenter 916-774-5702 [email protected] Public Works Engineering Manager Stefanie Kemen made the presentation to the City Council.

No public comment received.

Motion by Pauline Roccucci, seconded by Scott Alvord, to adopt RESOLUTION NO. 23-013 APPROVING A NATURAL GAS PURCHASE AGREEMENT

AMENDMENT, BY AND BETWEEN COMMERCIAL ENERGY OF MONTANA, INC. DBA COMMERCIAL ENERGY OF CALIFORNIA AND THE CITY OF

ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVIILE. The Motion Passed.

Roll call vote: Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci

Page 13 of 17 ends

8. SPECIAL REQUESTS/REPORTS/PRESENTATION

8.1. Out-of-Country Travel - Greater Sacramento Economic Council Industry Market Visit
Memo from Economic Development Director Melissa Anguiano recommending the City Council approve an out-of-country travel request for two City Councilmembers and three Department Directors to attend a regional delegation to Germany to conduct an industry market visit, led by the Greater Sacramento Economic Council.

This travel is in preparation for Robert Bosch Semiconductor LLC’s (Bosch) expansion in Roseville and is intended to build connectivity between Greater Sacramento and Germany to drive additional investment and jobs into our community. The cost of travel, airfare, lodging, and per diem are estimated to be $5,500 per attendee, for a total of $27,500. There are sufficient funds available in the FY2023-24 General Fund and Electric Fund budgets to cover this cost.

CC #: 3141
File #: 0600-02
CONTACT: Melissa Anguiano 916-774-5284 [email protected] Economic Development Director Melissa Anguiano made the presentation to the City Council.

No public comment received.

Motion by Pauline Roccucci, seconded by Scott Alvord, to approve Mayor Bruce Houdesheldt, Vice Mayor Krista Bernasconi, Development Services Director Mike Isom, Electric Utility Director Dan Beans and Economic Development Director Melissa Anguiano to attend a regional delegation to Germany to conduct an industry market visit, led by the Greater Sacramento Economic Council. The Motion Passed.

Roll call vote: Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci

8.2. Report and Request for Direction Regarding Fireworks Enforcement Memo from Assistant City Attorney Joseph Speaker recommending the City Council provide direction on future action related to illegal fireworks enforcement.

There is no fiscal impact associated with this particular request.

CC #: 3122
File #: 0102
CONTACT: Joseph Speaker 916-774-5325 [email protected] The City Council gave guidance on Option 1 and Option 2 to include technology and education outreach. Option 1 and Option 2 will have to come back to Council for approval of action for possible Ordinance amendments.

Page 14 of 17 ends

Assistant City Attorney Joe Speaker made the presentation to the City Council.

Assistant City Attorney Joe Speaker introduced Fire Chief Rick Bartee and Police Chief Troy Bergstrom, who provided clarification.

Dennis Revell spoke in support of Option 1.

Don McDonald spoke in support of an enforcement/abatement plan.

8.3. Section 115 Trust for Pension and Other Post-Employment Benefits (OPEB) - Professional Services Agreement and OPEB Trust Investment Portfolio Performance Update
Memo from Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24-020 APPROVING

A PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE

CITY OF ROSEVILLE AND PFM ASSET MANAGEMENT, LLC, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 24-021
APPROVING A SECTION 115 TRUST AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND U.S. BANK NATIONAL ASSOCIATION,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 24-022 THE

CITY OF ROSEVILLE OPEB TRUST INVESTMENT REVIEW
COMMITTEE. Staff recommends Council approve a professional services agreement with PFM Asset Management LLC (PFM) for managing the City's pension and other post-employment benefits (OPEB) trust investment portfolios.

The professional services agreement includes exhibits with a revised OPEB Trust Investment Policy Statement and a new Pension Trust Investment Statement. Staff also recommends Council approve the Section 115 Trust Agreement with U.S.

Bank National Association. This new agreement updates and replaces the January 19, 2011, Post-Employment Welfare Benefits Program Trust Agreement for the City's OPEB trust. Lastly, staff recommends approval to update and clarify the roles and responsibilities of the OPEB Trust Investment Review Committee, and accept the summary of FY2022-23 OPEB Trust Fund investment portfolio performance results through June 30, 2023. The estimated cost of the investment management services is approximately $245,000 per year based on the current portfolio balances, with a fee cap of $220,000 for the first year. PFM and U.S.

Bank fees are assessed based upon assets under management. There will be no fiscal impact to the General Fund from these agreements, as the fees will be paid directly by the trust accounts.

CC #: 3149
File #: 0600-04
CONTACT: Dennis Kauffman 916-774-5313 [email protected] Assistant City Manager/Chief Financial Officer Dennis Kauffman made the presentation to the City Council.

Page 15 of 17 ends

No public comment received.

Motion by Scott Alvord, seconded by Tracy Mendonsa, to adopt RESOLUTION NO. 24-020 APPROVING A PROFESSIONAL SERVICES AGREEMENT, BY

AND BETWEEN THE CITY OF ROSEVILLE AND PFM ASSET

MANAGEMENT, LLC, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 24-021 APPROVING A SECTION 115 TRUST
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND U.S.

BANK NATIONAL ASSOCIATION, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 24-022 THE CITY OF ROSEVILLE OPEB TRUST INVESTMENT REVIEW COMMITTEE. The Motion Passed.

Roll call vote: Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci

8.4. Development Impact Fee Reports for Fiscal Year Ended June 30, 2023 Memo from Management Analyst Jeannine Thrash and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council accept the Development Impact Fee Report. California state legislation sets certain legal and procedural parameters for the charging of development impact fees. The report is for informational purposes only. There is no impact to the City's General Fund.

CC #: 3121
File #: 0215
CONTACT: Jeannine Thrash 916-774-5473 [email protected] Dennis Kauffman 916-774-5313 [email protected]
Assistant City Manger/Chief Financial Officer Dennis Kauffman made the presentation to the City Council.

No public comment received.

For information only. No action required.

8.5. Fiscal Year 2022-23 Year-End Financial Report
Memo from Assistant Finance Director Scott Pettingell and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council accept a year-end report for FY2022-23 for the General Fund, the enterprise operating funds, and revenues in select other funds. Staff anticipate delivering recommendations for a spending plan related to the FY2022-23 Year-End General Fund surplus to the City Council after the completion of the City Council strategic plan. These recommendations will detail the proposed utilization of the surplus to address the established priorities in the plan.

CC #: 3132

Page 16 of 17 ends

File #: 0202
CONTACT: Scott Pettingell 916-746-1306 [email protected] Assistant City Manager/Chief Financial Officer Dennis Kauffman made the presentation to the City Council.

Assistant Finance Director Scott Pettingell continued the presentation to the City Council.

No public comment received.

For information only. No action required.

9. COUNCIL REPORTS / PUBLIC COMMENTS
No public comment received.

Northern California Power Agency Strategic Plan Workshop - Councilmember Pauline Roccucci reported on attendance.

Councilmember Pauline Roccucci reported on numerous community activities.

Roseville Police Athletic League Meeting - Councilmember Tracy Mendonsa reported on attendance.

Councilmember Tracy Mendonsa reported on numerous community activities.

Councilmember Scott Alvord reported on numerous community activities.

Western Placer Waste Management Authority Meeting - Councilmember Scott Alvord reported on attendance.

Councilmember Krista Bernasconi reported on numerous community activities.

Mayor Bruce Houdesheldt reported on numerous community activities.

10. ADJOURNMENT
Mayor Bruce Houdesheldt adjourned the meeting at 8:09 p.m.

Page 17 of 17 ends

COUNCIL COMMUNICATION
CC #: 3181
File #: 0203-06 & 0201-01
Title:

Database Backup Storage Replacement - Capital Improvement Project Approval, Contract Purchase Agreement and Budget Adjustment
Contact: Brian Johnson 916-774-5141 [email protected] Meeting Date: 2/21/2024
Item #: 6.2.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council authorize the establishment of a new Capital Improvement Project – the Database Backup Storage Replacement Project (the "Project").

Staff also recommends that the City Council adopt a resolution to authorize the City Manager to execute contract purchase agreement 3003442 with ePlus Technology, Inc. for the purchase, installation, and configuration of Rubrik Data Protection equipment and support for 5 years, and adopt an ordinance to approve a budget adjustment appropriating $300,000 in the Information Technology Replacement Fund to the Project for the replacement of the City’s existing end of life database backup solution.

BACKGROUND
The Information Technology (IT) department currently maintains a database backup system that is nearing end of life. Replacement of the system was originally planned for FY2024-25, however staff recommend moving forward 6-12 months head of schedule due to performance issues, patching and security update complexity, and scheduling of vendor maintenance. These hardware devices are used to back up critical enterprise databases including asset management, customer information system, permitting, and public safety systems. IT staff developed a list of operational requirements which include: immutable backups, cloud-based archives, and built-in storage for disaster recovery. Rubrik was the solution that met the City’s criteria for database backups and this new backup solution ensures exceptional City services continue to be delivered and meet the City's operational needs. Rubrik Data Protection is offered through E-Plus Technologies, Inc on an existing competitively bid contract that allow local agencies to piggyback.

This State of California contract utilizes NASPO contract# AR2472 with participating addendum 7-17-70-40-05 which expires September 15, 2026.

FISCAL IMPACT
The total project cost of $300,000, to be funded by the Information Technology Replacement Fund, includes $282,341.12 through E-Plus Technology Inc for hardware, software, implementation, and 5 years of maintenance support, and $17,658.88 for internal staff secondary labor.

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 purchase of database backup solution equipment and software meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Goal F - Invest in a well-planned infrastructure and growth Respectfully Submitted,
Brian Johnson, Information Technology Program Manager
Hong Sae, Chief Information Officer
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-045
ePlus Contract PurchaseAgreement
Ordinance 6784
RESOLUTION NO. 24-045

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND EPLUS TECHNOLOGY, INC., AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a Contract Purchase Agreement (#3003442) for the purchase, installation, and configuration of Rubrik Data Protection equipment and support for 5 years, by and between the City of Roseville and ePlus Technology, Inc., has been reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said contract purchase agreement 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 , 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk
Contract Purchase Agreement 3003442
Supplier Details:

Company ePlus Technology Inc
Contact Brittani Neff
Address 13595 Dulles Technology Dr
Herndon, VA 20171
Submit your response to:

Company City of Roseville
Contact "Becky" Rebecca Philipp
Address Purchasing Division
311 Vernon St
Roseville, CA 95678
Phone (916) 746-1110
Fax (916) 746-1115
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.

Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.

The following guidelines must be followed for the signature block on the agreement:

Sole proprietorship - By owner
Partnership - Any general partner
Corporation - Two options:
(1) A signature from the President and the corporate seal; OR (2) One signature from the Chairman of the Board, President, or any Vice President AND one signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation
*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.

Insurance requirements:

The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED Contract Purchase Agreement 3003442
Agreement 3003442
Agreement Date 16-JAN-2024
Revision 0
Agreement Amount 282,341.12 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier ePlus Technology Inc
13595 Dulles Technology Dr
Herndon, VA 20171
Phone:

Fax:

Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:

Fax:

Email:
()
()
[email protected]
Description of
Labor,
equipment
and/or materials

VENDOR SHALL PROVIDE RUBRIK COMPLETE EDITION WITH INSTALLATION IN ACCORDANCE WITH THE ATTACHED ePLUS QUOTE 23050610 DATED 10/26/23 AND "STATEMENT OF WORK - CITY OF ROSEVILLE - RUBRIK INSTALLATION - 141061" DATED 1/16/24 UTILIZING NASPO CONTRACT AR2472 WITH PARTICIPATING ADDENDUM 7-17-70-40-05.

START DATE: UPON EXECUTED AGREEMENT
END DATE: 60 MONTHS FROM EXECUTED AGREEMENT

PLEASE CONTACT BRIAN JOHNSON IN THE INFORMATION TECHNOLOGY DEPARTMENT AT (916) 774-5141 OR [email protected] FOR QUESTIONS REGARDING THIS AGREEMENT.

Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 12325 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
"Becky" Rebecca Philipp Phone 1-916-746-1110
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office. 2 DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED Contract Purchase Agreement 3003442
3 Contract Terms and Conditions

1. To the fullest extent allowed by law, Consultant agrees to indemnify, including the cost to defend City, and its officers, agents, employees and volunteers from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. Consultant'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.

2. Consultant is an independent contractor, and shall not be considered an officer, agent or employee of the City.

3. Without the written consent of the City, this Agreement is not assignable by Consultant either in whole or in part.

4. Time is of the essence of this Agreement.

5. At any time during the term of this Agreement, the City has the right to terminate this Agreement, provided Consultant is given thirty (30) days written notice. City's termination shall be without further liability to City; however, Consultant shall be entitled to all costs reasonably incurred prior to the date of termination. Consultant acknowledges that City may terminate this Agreement should funds not be appropriated by its governing body to continue services under this Agreement.

6. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties.

7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.

8. Unless notified to the contrary, in writing, the City assumes that the Consultant has accepted the work in accordance with the plans and specifications (if any) and agrees to do the work in compliance with this Agreement. Any work product created for City pursuant to this Agreement is deemed owned by City.

9. All prevailing wages and fair employment practices must be adhered to. For prevailing wage contracts over $25,000, copies of certified payroll must be submitted with invoices.

Prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm

10. Consultant agrees to the below insurance requirements:
a. Unless otherwise specified, the Consultant shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance coverage. b. Form. Consultant shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED Contract Purchase Agreement 3003442
4 Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. c. Additional Insureds. Consultant shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insureds for each type of coverage, except for Workers' Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of Consultant.

The additional insured coverage under the Consultant's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from City's insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (ISO) CG 20 01 Endorsement. 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 listed on the insurance certificate, whichever is greater
d. Cancellation/Modification. Consultant shall make all reasonable efforts to provide ten (10) days written notice to City prior to cancellation or modification of any insurance required by this Agreement.
e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement 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 City's own insurance shall be called upon to protect it as a named insured. f. Subconsultants. Consultant agrees that all of its subconsultants will be covered by Consultant’s insurance or will have insurance that complies with the same requirements and provisions of this Agreement.
g. Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. 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.
h. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees and volunteers for all worked performed by Consultant, its employees, agents and sub consultants.
i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Consultant of liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED Contract Purchase Agreement 3003442
5 provisions of this Agreement or law.

11. Consultant shall comply with all federal, state, local laws, ordinances and policies as may be applicable to the performance of services under this Agreement. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement.

12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of this Agreement shall control.

13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ". pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof.

14. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorneys' fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

15. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.

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

17. For purposes of this Agreement, the terms "Contractor," "Consultant," and "Supplier" are used interchangeably.

18. Consultant agrees that any information furnished by City that is marked “Confidential” or that which a reasonable person would understand to be confidential, shall be deemed proprietary and confidential. All such information, to the extent previously, presently or subsequently disclosed to Consultant and/or processed and derived by Consultant services is the property of City and such property shall be deemed and treated as "Confidential Information" of City.

Consultant acknowledges that such Confidential Information may contain information provided and/or generated by third-parties. Consultant agrees that such Confidential Information shall not be disclosed to any third party without written permission from City, except as required by law. Consultant shall not use the Confidential Information except to perform Consultant's services as directed by City.

19. All facilities, devices, networks and services used to store, deliver, process, backup or purge Confidential Information will employ administrative, physical, technical, and procedural safeguards and best practices at a level sufficient to secure Confidential Information from unauthorized access, destruction, use, modification, or disclosure. Such measures will be no less protective than those used to secure Consultant's own information of a similar type, and in no event less than reasonable in view of the type and nature of the information involved. It is the City's expectation that Consultant, at its own expense, shall perform annual audits for any data centers that house Confidential Information, using an independent third-party audit that meets industry standards applicable to the services under this Agreement, and provide the audit report or certification upon request to City.

20. Consultant will retain Confidential Information until deleted by City or City-authorized third party, or after three (3) years from expiration or termination of this Agreement.

DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED Contract Purchase Agreement 3003442
6 21. Upon termination or expiration of this Agreement, Consultant will ensure that all Confidential Information is securely transferred to City within thirty (30) calendar days. Consultant will ensure that any transfer of Confidential Information is accomplished by methods that are compatible with the relevant City systems, and that City will have access to all Confidential Information during any such transfer. Consultant shall securely dispose of all Confidential Information when requested by City and Consultant will provide written notification to City once all Confidential Information has been securely disposed of.

22. Consultant shall report to City any data compromise or unauthorized access to Confidential Information within twenty-four (24) hours after Consultant discovers such data compromise or unauthorized access. Consultant will take commercially reasonable measures to address any such data compromise or unauthorized access in a timely manner. Except as otherwise required by law, Consultant will not provide notice to end users or other entities of any such data compromise or unauthorized access without written permission from City. Consultant will promptly reimburse City in full for all fees and costs incurred by City in any investigation, remediation or litigation resulting from any such data compromise or unauthorized access, including identity protection and restoration services for each person, who in the City's sole discretion, could be impacted by identity theft.

23. Consultant may not advertise that City is a client, list City as a reference or otherwise use City's name, logos, trademarks, or service marks without prior written permission from City.

24. Consultant acknowledges that services rendered under this agreement (including but not limited to service levels and operational levels) shall be performed in accordance with industry standards.

25. If the project referenced on this agreement is a Public Works project, then the following shall apply: 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 agreement, 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.

26. If the project referenced on this agreement is a Public Works project, then the following shall apply: 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 the 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.

27. Consultant agrees to defend and indemnify City if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that Consultant and/or any of its agents, officers, employees, volunteers, independent Consultants, or subConsultants, are characterized as employee(s) of City. Consultant and City agree that: (a) Consultant is free from the control and direction of City in connection with the performance of the work; (b) Consultant is providing services directly to City; (c) Consultant has and will maintain at all relevant times a business license; (d) Consultant maintains a business location that is separate from City; (e) Consultant is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) Consultant actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from City; (g) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (h) Consultant provides its own tools, vehicles, and equipment to perform the services; (i) Consultant has negotiated its own rates; (j) Consultant set its own hours and location of work in accomplishing City's on-call needs; and (k) Consultant has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.

DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED Contract Purchase Agreement 3003442
7 The supplier named hereon by the acceptance of this order agrees to the provisions of this document titled "Contract Purchase Agreement" and all accompanying terms, conditions, and attachments.

Roseville Business License No.

Contractor License No.

DIR Registration No.

Check mark the applicable company type below:

X Corporation
Limited Liability Company
Partnership
Sole Proprietor
City reserves the right to withhold any payments to Consultant in the event of noncompliance with insurance requirements or if required by law.

Information Technology T&C negotiated for ePlus Technology, Inc REV 8/28/23 MC
DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED N/A
Contract Purchase Agreement 3003442

Contract Terms and Conditions

ATTACHMENT A

HUMAN RESOURCES/RISK MANAGEMENT DIVISION

INSURANCE REQUIREMENTS

AGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIES General - Required Coverage/Documentation
● General Liability: $1 Million per occurrence /$2 Million aggregate ● Automobile Liability: $1 Million combined single limit ● Workers' Compensation: Statutory *Must provide a Waiver of subrogation ● Additional Insured Endorsement (AIE) - General Liability policy: CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, its officers, agents, employees and volunteers as additional insured. ● Policies must be primary and non-contributory
● A 30 day notice of cancellation must be provided
● List certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth, GA 30096
Additional Liability/Insurance Requirements if required by Agreement (and marked below):

Construction:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:__X__
Professional Liability:
$1 Million/occurrence
No auto required
Cyber Liability:
$1 Million/occurrence
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
3 DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED Contract Purchase Agreement 3003442

Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:____
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.

How It Works
● The vendor's contact information is entered into EBIX. EBIX will contact the vendor to request proof of insurance.
● The Vendor can forward the request to their Insurance Agent(s) if necessary. ● Vendor/Insurance Agent submits insurance to EBIX by email to [email protected] or by fax to (770) 325-5727. After faxing or emailing the certificate, please DO NOT send the certificate by mail to EBIX. Please do not mail, email or fax any certificates to the City of Roseville. ● Once submitted, EBIX reviews the insurance documentation. If there are deficiencies, EBIX will send a follow up letter or email requesting additional information.

Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202 4 DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED Contract Purchase Agreement 3003442

Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ City of Roseville, A Municipal Corporation
Signature:______________________________________________ Print Name: Dominick Casey
Title: City Manager
Date:__________________________________________________ 5 DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED Secretary
SVP, Contracts
Don McLaughlin
1/17/2024
1/17/2024
Kelsey Codde
Customer Name: CITY OF ROSEVILLE
Quote No: 23050610
Quote Name:

Quotation Date: 10/26/2023
Sales Support Contact: Sabrina Jordan
Sales Support Phone: 949-930-7366 Ext 7366
Sales Support Email: [email protected]
Account Executive: Brittani Neff
Account Executive Phone: 916-897-4667
Account Executive Email: [email protected]
Customer PO No:

Order No:

Expiration Date: 02/14/2024
ePlus Technology inc, 13595 Dulles Technology Drive, Herndon, VA, 20171 External Notes:

Q-478141
Contract Number: 7-17-70-40-05
NASPO Master Contract Number: AR2472
Totals 282,341.12
001 RS-BT-CE60-BS-PP RUBRIK RUBRIK COMPLETE EDITION, 60TB USABLE; PER USABLE B ETB; BASIC SUPPORT; 1 YEAR SUPPORT
Line Note:

HW: RHA-6408S-01
Term: 60 Months
QTY 120 X 60 Months = 7200
7200 27.44 197,568.00
002 RS-HW-SVC-BS-S2 RUBRIK SUPPORT FOR R6000S-2 HARDWARE, 1 YEAR SUPPORT;

BAS IC SUPPORT
Line Note:

HW: RHA-6408S-01
Term: 60 Months
QTY 2 X 60 Months = 120
120 206.78 24,813.60
003 RS-BT-CVB-BS-PP RUBRIK RUBRIK CLOUD VAULT - BACKUP; PER BETB; BASIC SUPPO RT; PREPAY
Line Note:

QTY 30 X 12 Months = 360
360 14.90 5,364.00
004 EPLUS SERVICE EPLUS ENGINEERING & PM SVCS FIXED FEE SOW 2 7,700.00 15,400.00 005 RHA-6408S-01 RUBRIK R6408S APPLIANCE, 4-NODE, 96TB RAW HDD, 1.6TB SSD, SFP+ NIC, RHA
Line Note:

RS-BT-CE60-BS-PP
RS-HW-SVC-BS-S2
2 19,597.76 39,195.52
Line No. Part Number MFG Description/Line Notes QTY Unit Price Ext Price DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED Shipping:

Packing:

Sub Total (USD): 282,341.12
Est. Tax (USD): TBD if Applicable
Shp&Hnd (USD): TBD
Total (USD): 282,341.12
By placing an order with ePlus for products or services you agree to comply with the City of Roseville Terms and Conditions of Purchase (rev 5/3/18 as attached). Unless there is a separate written agreement signed on behalf of both you and ePlus by a duly authorized officer, the Order Terms shall be the only terms and conditions applicable to transactions between you and ePlus, and no additional or contrary terms referenced in a purchase order, document, or electronic communication shall apply. In no event shall ePlus performance under a purchase order be deemed to constitute acceptance of any terms and conditions set forth therein. ePlus offers flexible and easy leasing options for your IT equipment. Use leasing to increase your IT acquisition capability, overcome limited budgets, and manage the lifecycle of your assets. Contact an ePlus Leasing Coordinator at 1-703-984-8021 or [email protected] to receive a lease quote today.

Customer Acceptance Bill To Ship To
Signature: ____________________________________
Name: _______________________________________
Title: _________________________________________
Date: ________________________________________
Customer PO #: _______________________________

CITY OF ROSEVILLE
311 VERNON ST
FINANCE- 1ST FLOOR
ROSEVILLE CA 95678

UNITED STATES

ACCOUNT PAYABLE

CITY OF ROSEVILLE
316 VERNON ST
STE 300
ROSEVILLE CA 95678-2653

UNITED STATES
©2023 ePlus inc. All rights reserved.
*NGDC P2 4.0.2.0
DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED 1/16/2024 City of Roseville-Rubrik Installation-141061 PAGE 1

STATEMENT OF WORK
City of Roseville
Statement of Work
City of Roseville
Rubrik Installation
SOW# City of Roseville-Rubrik Installation-141061
1/16/2024
Hong Sae
311 Vernon Street
Roseville, CA 95678
916-774-5151
[email protected]
ePlus Technology, inc. | www.eplus.com
DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED 1/16/2024 City of Roseville-Rubrik Installation-141061 PAGE 2

STATEMENT OF WORK
City of Roseville

1.0 INTRODUCTION AND EXECUTIVE SUMMARY
This Agreement and Statement of Work (this “Agreement” or “SOW”) is made January 16th, 2024 (“Effective Date”) by and between City of Roseville (“Customer”) and ePlus Technology, inc. (“ePlus”) (each of ePlus and Customer a “Party” and together the “Parties”).

1.1 EXECUTIVE SUMMARY OF THE SERVICES
ePlus will provide the followings services to assist with the installation of two (2) new Rubrik Appliances.

1.2 DEFINITIONS
Deliverable: A measurable indication of progress within a given phase, documentation in hard copy or electronic form such as analyses, reports, manuals, test results, or any other items as set forth in section 2.2.

Milestone: A specific goal, objective, or event pertaining to services described in this SOW.

Normal Business Hours: The hours of Monday through Friday 8:00 a.m. to 5:00 p.m. local time, excluding any federal and ePlus observed holidays. A list of ePlus observed holidays will be provided upon request.

Products: Third-party hardware and/or software products are sold separately and are not deliverables.

2.0 SCOPE

2.1 SERVICES
The Services that ePlus and/or its subcontractor shall provide will include:
• Planning and information gathering
o Identify Customer and ePlus resources and contacts
o Review Rubrik installation and configuration checklist  Identify networking needs including uplinks and IPs
 Identify AD information, DNS, time server, email server and other settings  Identify three (3) workloads to be configured for SLA protection during this project • Determine backup frequency
• Determine backup retention periods
• Determine notification settings
o Perform site readiness review, verifying hardware and environment is ready for project commencement
• Install and configure Rubrik data management system
o Perform initial configuration including:
 Create Rubrik data management cluster based on the installation and configuration checklist
 Configure AD integration for RBAC
• Configure VMware integration
• Configure up to three (3) SLAs to configure protection for workloads as determined in the installation and configuration checklist • Verify functionality
• Test/validate configuration
o Review and test VMware configuration
o Review and test workload SLAs
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STATEMENT OF WORK
City of Roseville
• Documentation and informal training
o Perform ongoing informal training throughout the engagement o Develop high-level Visio diagram of deployment
o Provide Word document with configuration details
• Conduct project closeout meeting
• Project Management
Standard Project Management is utilized when the management requirements for a project of mid to high complexity. The expectation is that the Project Manager will be working on tasks which may include meeting planning, resource scheduling, equipment confirmation, and issue tracking, within a project workbook. The Project Manager will also be responsible for project closeout and satisfaction surveys.

2.2 DELIVERABLES
ePlus will provide Services only, and no Deliverables will be provided except as follows:
• Word document to reflect high-level configuration details Notwithstanding anything to the contrary set forth herein: (i) ePlus shall have the right to retain a copy of any work product of its personnel for its records; (ii) as part of ePlus’ provision of the Services, ePlus may utilize proprietary works of authorship that have not been created specifically for Customer, including without limitation computer programs, methodologies, designs, tools, and documentation, as well as intellectual property rights, ideas, concepts, know-how, or data, and any derivatives thereof, which have been originated, developed or purchased by ePlus or its affiliate, subcontractors or suppliers (“ePlus Information”); and (iii) ePlus Information and ePlus’ administrative communications and records relating to the Services shall remain the sole and exclusive property of ePlus.

2.3 PLACE OF PERFORMANCE
Unless otherwise specified elsewhere in this SOW, all on-site Services will be performed at Customer’s facilities located at the following location(s) (“Customer Site”):
• Services will be performed remotely

3.0 CUSTOMER RESPONSIBILITIES

3.1 GENERAL RESPONSIBILITIES
During the course of this project, ePlus will require the support of Customer staff and computing resources. If the required Customer resources cannot be made available, the scope of the Services, estimated schedule (see section

5.1), or both may be affected. Customer agrees to provide the following:
• A work area suitable for the tasks to be performed and any required software or documentation. • If Customer directly procures any hardware or software required for this project, Customer agrees to provide the hardware, software, and any accompanying support documentation or instructions. • Ensure sufficient rack space, power, electric, cooling, etc. for new hardware is in place prior to implementation
o Note: The Customer is responsible for moving existing equipment within a rack to make sufficient space for new hardware. ePlus resources are not responsible for moving existing equipment during the physical installation of new hardware. • Customer is responsible for the removal and disposal of hardware being replaced as part of this project.

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STATEMENT OF WORK
City of Roseville
• Provide location for disposal of packing materials. ePlus will dispose of debris (cardboard, plastic, wood skids, Styrofoam, and other miscellaneous packing materials) in customer-supplied dumpster • Customer will provide patch cables related to project unless otherwise specified in this SOW. • A secure storage location for all equipment delivered to the Customer Site until the scheduled ePlus installation date, if applicable.
• Contact personnel to escort the ePlus resource(s) through the Customer Site. • Access to the Customer Site during the work hours required for this project. • Current network topology
• Electrical power outlets to support requirements of the installed network equipment • Provide a single technical point of contact, who is familiar with the IT environment and requirements, to work with ePlus engineering resource(s) throughout the project and act as a liaison between the Customer’s staff.
• Provide requested network diagrams/information to the ePlus resource within two (2) days of the initial request.
•

3.2 PROJECT SPECIFIC CUSTOMER RESPONSIBILITIES
• Customer will rack and cable new Rubrik appliance
• Customer will provide remote access with VPN credentials, if possible • Customer will assist with testing backup functionality • Customer will provide the SLA requirements for backups • Customer will provide network connectivity for new appliance

3.3 SYSTEM RESPONSIBILITIES
• Customer is responsible for providing all software and associated licenses. • Unless otherwise agreed by the Parties, Customer shall respond within two (2) business days of ePlus’ request for documentation or information needed for the project. • Customer shall ensure that contracts with its own vendors and third parties are fully executed and enable Customer’s business requirements to be met in full. Customer shall be responsible for all payments to, and the performance of, all non-ePlus entities assigned to, or working on this project. • ePlus will not be responsible for data loss. Backups should be performed prior to work starting. All data is the responsibility of the Customer.
• Should a manufacturer provide Customer with specialized or custom software unique to Customer, ePlus will not be responsible for any delays or failures to perform related to use of such software. • ePlus shall not be responsible for support and maintenance of products. • Unless otherwise specified in this SOW, ePlus shall not be responsible for any customization of, or labor to install software (except operating systems or firmware pre-installed by the manufacturer). • Services do not include resolution of software or hardware problems resulting from third party equipment or services or problems beyond ePlus’ control.
• Services exclude any hardware upgrade required to run new or updated software.

DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED 1/16/2024 City of Roseville-Rubrik Installation-141061 PAGE 5

STATEMENT OF WORK
City of Roseville

4.0 ASSUMPTIONS

4.1 GENERAL ASSUMPTIONS
The following assumptions were made to create this SOW. Should any of these assumptions prove to be incorrect or incomplete then ePlus may modify the price, scope of work, or Milestones pursuant to the Change Management Procedure set forth herein. ePlus assumes:
• Where applicable, Customer’s Site shall be ready prior to the date scheduled for ePlus to perform the Services. Costs associated with Customer’s inability to (1) make the Customer Site ready or (2) meet any of the other responsibilities specified in this SOW shall be billed at ePlus’ then-current time and materials rates plus travel and other related expenses. Any additional costs incurred by Customer as a result of delays shall be the sole responsibility of the Customer. • This SOW defines exclusively the scope of the Services. This SOW shall not apply to any purchase, support or maintenance of products, which are purchased separately. • In the event ePlus is required to provide third party materials under this SOW (i.e. cables, racks, etc.), Customer shall be responsible for any costs, maintenance, and/or warranty obligations therein. • Acceptance tests conducted in respect of the Services shall apply only to such Services and shall not constitute acceptance or rejection of any Product purchased or licensed separately by Customer. • The schedule shall be extended up to thirty (30) days for any personnel change requests made by Customer. • Customer acknowledges that at any time during the project, if progress is stalled, by no fault of ePlus, for more than twenty (20) contiguous business days, ePlus reserves the right to issue a Milestone Completion Certificate for work that has been completed.
• If Services include any assessments of Customer’s network, systems, or security protocols, Customer understands that no guaranty is made by ePlus or its subcontractors that such assessments will detect all security weaknesses, potential security problems, vulnerabilities, or potential breaches. ePlus does not guarantee that recommendations or actions undertaken pursuant to this SOW will completely address all issues identified or not identified.
o If an ePlus Subcontractor is used to perform the security assessment/audit services, the data will be shared with ePlus for gap analysis and recommendation purposes. • If Services include the implementation of any system dealing with Emergency 911 (E911) Services, including but not limited to phone systems, the Customer is responsible for ensuring its 911 dialing is compliant with all applicable laws, including but not limited to “Kari’s Law” and the “Ray Baum Act”. ePlus encourages customers to consult with their counsel regarding this matter. • Documents are created using ePlus templates (structure and format) and delivered to Customer in softcopy only. Customization to deliverable documents (structure, format, and/or other non-standard content) must be handled via a Change Request (CR) unless explicitly stated in this SOW. • ePlus Deliverable Documents include up to two (2) revisions, per document, based on Customer feedback.

Subsequent revisions will require a CR or separate SOW. •

4.2 PROJECT SPECIFIC ASSUMPTIONS
• Calls and meetings will be scheduled at a mutually agreeable time between Customer’s and ePlus’ resources. The calls and meetings will be scheduled through ePlus’ Project Manager. • No training is included in this project unless otherwise specified in this SOW. • Services schedule reflects work effort based on non-contiguous business days and does not include a fulltime ePlus Engineer for staff augmentation during the project.

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STATEMENT OF WORK
City of Roseville

5.0 PERIOD OF PERFORMANCE

5.1 ESTIMATED TIMELINE
The estimated timeline for the Services will begin within thirty (30) days after execution of this SOW and continue for not more than one (1) month. If Services have not been scheduled at the execution of this SOW, a timeline should be developed mutually by the Parties and agreed to before each phase of the Services begins. The actual start date will depend on the following considerations:
• Scheduled availability of a qualified systems engineer • Receipt of Product and any necessary equipment
• Receipt of signed SOW from Customer prior to proposed start date • Receipt of purchase order from Customer

5.2 TERMINATION
Either Party may terminate the SOW for any reason on thirty (30) days prior written notice to the other Party.

Upon any such termination, ePlus will be paid all fees and expenses which have been incurred or earned in connection with the performance of the Services through the effective date of such termination. Additionally, in the event Customer cancels any Services with less than two (2) weeks prior notice, Customer shall reimburse ePlus for any non-refundable expenses incurred in preparation for such cancelled Services.

6.0 PRICING AND PAYMENT TERMS
• For the Services performed under this SOW, Customer agrees to pay ePlus a fee of $15,400.00 (the “Fee”). • Milestones are as follows:

TITLE: DESCRIPTION: AMOUNT:

Milestone 1 Project Completion $15,400.00
The Pricing in this SOW is valid for sixty (60) days from delivery to the Customer. Fees include reasonable travel to and from the required location up to a maximum of fifty (50) miles and incidental expenses. Customer shall issue a purchase order adequate to cover the Fee prior to commencement of Services. Fees for additional services related to but not defined in this SOW will be on a time and materials basis at a rate set forth in a written amendment or Change Request. All tasks under this SOW will be completed during Normal Business Hours.

Payment is due upon receipt of invoice. Customer acknowledges that ePlus may participate in and retain the benefit of incentive plans or other programs with, among others, its travel providers wherein ePlus may receive benefits, such as frequent flier miles or other consideration for corporate travel volume. Fees, expenses, and other charges for the Services do not include sales, use, excise, value added, or other applicable taxes, tariffs, or duties. Payment that may be due on such amounts, and shall be the sole responsibility of Customer (excluding any applicable taxes based on ePlus’ net income or taxes arising from the employment or independent contractor relationship between ePlus and its personnel).

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STATEMENT OF WORK
City of Roseville

7.0 ACCEPTANCE OF MILESTONES OR SERVICES
Upon ePlus’ completion of a Milestone or Service performed, ePlus shall notify Customer by providing one of the following forms of acceptance:
• Signed work order or time sheet; or
• Milestone/Service Completion Certificate (“MCC”); or
• Project completion document
Customer has five (5) working days from the completion of the Services or Milestone, as applicable, to accept the work performed as being complete. Signing of the MCC, approving the time sheet, or Customer’s failure to respond to the approval request within the designated five (5) working day period, signifies Customer’s acceptance of the Milestone or time sheet and that Services have been performed in accordance with the SOW. In order to refuse acceptance of the Services, Customer must provide ePlus with full details that show that Services do not conform to the SOW. ePlus shall address such non-conformance in a timely manner and shall compile an action plan to correct any deficiencies. The acceptance process shall be repeated until all deficiencies have been resolved and the Services meet the requirements of the SOW. Acceptance may not be withheld due to defects in Services that do not represent a material non-conformance with the requirements of the SOW.

8.0 CHANGE MANAGEMENT PROCEDURES
Any change to the scope of Services or the obligations of the Parties under this SOW shall be set forth in a mutually agreed change request signed by both Parties (“Change Request”). The Change Request may be drafted by either Party and will describe the nature of the change, the reason for the change, and the effect of the change on the scope of work, Deliverables and/or the schedule. The Parties will negotiate in good faith the changes to the Services and the additional charges, if any, required to implement the Change Request.

9.0 WARRANTY
• ePlus warrants that Services will be performed in a professional and workmanlike manner in accordance with industry standards for service providers under similar circumstances. ALL WARRANTIES PROVIDED HEREIN ARE PERSONAL TO, AND INTENDED SOLELY FOR THE BENEFIT OF, CUSTOMER AND DO NOT EXTEND TO ANY THIRD PARTY. EPLUS DISCLAIMS ALL OTHER

WARRANTIES WITH RESPECT TO THIS SOW (INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE), TITLE, NON-INFRINGEMENT OR OTHERWISE, EXPRESS OR IMPLIED.

10.0 LIMITATION OF LIABILITY
• IN NO EVENT WILL EPLUS BE LIABLE TO THE CUSTOMER OR ITS AFFILIATES FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL,

PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF EPLUS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, (B) ANY DAMAGES RESULTING FROM LATENT DEFECTS, LOSS OF DATA OR PROFITS, . EPLUS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE, OPERATION OR PERFORMANCE OF PRODUCTS MANUFACTURED OR LICENSED BY THIRD PARTIES.

EXCEPT FOR DAMAGES RESULTING FROM PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGES DIRECTLY RESULTING FROM GROSS NEGLIGENCE, EPLUS’ AGGREGATE LIABILITY HEREUNDER, IF ANY, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF $500,000 USD EACH PARTY ACKNOWLEDGES THAT THIS SECTION SETS FORTH A REASONABLE ALLOCATION OF LIABILITY BETWEEN THEM, AND THAT EPLUS’ PRICING IS OFFERED IN RELIANCE ON THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SOW.
•
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STATEMENT OF WORK
City of Roseville

11.0 OTHER TERMS AND CONDITIONS
• Effect of Termination: Termination of this SOW does not relieve Customer’s obligations to pay all fees that accrued before termination.

Late Payment Charge and Default: Customer agrees to pay a late payment charge computed at the rate of one and one-half percent (1.5%) per month, or the maximum late payment charge permitted by applicable law, whichever is less, on any unpaid amount due under this Agreement and/or Purchase Orders. A late payment charge will apply to any amount not received by the due date and continue until all overdue payments, including late charges, are paid in full. Failure by ePlus to assess this charge on one occasion in no way affects its right to do so on another occasion. In the event ePlus must resort to collection, Customer shall be responsible for all collection costs, including legal fees. ePlus reserves its right to review and revise either the credit or the payment terms based on Customer’s financial condition or payment history at the time of such review, and Customer agrees to provide all relevant information to affect such review. ePlus further reserves its right to suspend Services for nonpayment by Customer for Services either under this Agreement and/or Purchase Orders.

Assignment: Neither Party may assign this SOW without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that either Party may assign this SOW to a corporation controlling, controlled by or under common control with the assigning Party without the prior written consent of the other Party. Notwithstanding the foregoing, ePlus may assign payment for financing purposes without notifying Customer, but Services will not be affected.

Non-Disclosure: “Confidential Information” is information or material disclosed by a party (“Discloser”) to the other (Recipient”) in connection with this Agreement that is either (a) marked or identified in writing as confidential, or (b) relates to the processes, technology, plans, or methodologies used by ePlus or its suppliers to provide the Services. Recipient shall not disclose Confidential Information to any third party until three (3) years after expiration or termination of this Agreement.

Confidential Information does not include information that: (i) is or becomes publicly available without breach of this Agreement; (ii) is in Recipient’s possession at the time of receipt or becomes available from a third party without breach of confidentiality obligation; or (iii) is independently developed by or for Recipient without access to Confidential Information, as evidenced by written records. This section shall not prohibit ePlus from disclosing information required by its suppliers or subcontractors in connection with this Agreement. Customer acknowledges that ePlus or its employees and subcontractors may provide similar services to others and use or disclose to others general knowledge, skill and experience developed over the years, including under this Agreement. A Recipient may disclose Confidential Information pursuant to a legal requirement or court order after first notifying Discloser and making a reasonable effort to obtain a protective order limiting the scope of disclosure.

Non-Solicitation: Customer acknowledges that ePlus has invested significant resources in the training of its employees and that these employees are a valuable resource. Therefore, if ePlus provides Services under this Agreement, Customer agrees that during the term of this Agreement and for a period of eighteen (18) months thereafter, Customer shall not solicit for hire or hire employees of ePlus (or anyone who has been employed by ePlus within the month prior to the date of solicitation). Should such a hiring of an ePlus employee take place, ePlus shall be entitled to liquidated damages and/or compensation directly from the Customer in the amount of 20% of the employee’s total annual compensation.

Choice of Law, Attorney Fees and Jury Trial Waiver: The laws of the Commonwealth of Virginia will govern the construction and operation of this SOW without regard to the conflicts of laws and provisions thereof. In the event it is necessary for ePlus to bring legal action due to Customer’s non-payment, ePlus shall be entitled to recover all costs of such action, including reasonable attorneys’ fees. The Parties hereto waive, and to the extent permitted by law, all rights to a jury trial in any action or proceeding to enforce or defend any rights hereunder.

Severability: The invalidity of any provision of this SOW will not affect the validity and binding effect of any other provision.

Subcontracting: The relationship created hereunder between the Parties shall be solely that of independent contractors entering into an agreement. No representations or assertions shall be made or actions taken that could imply or establish any agency, joint venture, fiduciary, partnership, employment or other relationship between the Parties with respect to the subject matter of this SOW. ePlus retains the right to subcontract any Service described herein to subcontractor(s) of ePlus' choosing, provided that such subcontractor(s) shall possess qualifications equivalent to those of ePlus.

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STATEMENT OF WORK
City of Roseville
Data Rights and Consents: Customer represents and warrants that it has all right, title, and interest in and to any data furnished in connection with the Services and/or that it has obtained all necessary consents, permissions, and releases necessary for ePlus to perform its obligations under this SOW. Customer shall indemnify, defend, and hold ePlus harmless from any claims or liabilities arising out of Customer’s breach of the foregoing.

Integration; Order of Precedence: This SOW constitutes the entire agreement of the Parties hereto with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions, and communications, whether oral or in writing. In the event of a conflict between the provisions of this SOW and any exhibits, the provisions of this SOW shall control, except to the extent the provisions in an exhibit expressly provide otherwise. This SOW may be modified only by means of a duly executed written amendment. Neither the terms of any purchase order, invoice, or other instrument documenting a payment or transaction that is issued by either Party in connection this SOW, nor any other act, document, usage, custom, or course of dealing shall modify the terms of this Agreement. This SOW shall be enforceable in accordance with its terms when signed by each of the Parties hereto.

12.0 SOW ACCEPTANCE
This SOW # City of Roseville-Rubrik Installation-141061 is acceptable. Please sign and return to Todd Mitchell at [email protected].

IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have caused this SOW to be executed.
ePlus Technology, inc. City of Roseville

AUTHORIZED

SIGNATURE

AUTHORIZED

SIGNATURE

PRINTED
NAME

PRINTED NAME

TITLE TITLE

DATE DATE
PO#
DocuSign Envelope ID: 79499C58-7F61-4D12-B352-F3C4BF47CEED ORDINANCE NO. 6784

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24

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 2023-24, is hereby amended as listed on the attached budget adjustment for Database Backup Storage Replacement.

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 , 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

EXPENDITURES/EXPENSES/TRANSFERS OUT

REQUEST FOR BUDGET ADJUSTMENT
Updated 12/1/2023
ACCOUNT STRING BUDGET ($)

DESCRIPTION
Fund Account Center Project Adjustment
4105 6587 84001 500430 282,341 Establish Database Backup Storage Replacement project budget 4105 5080 84001 500430 17,659 Establish Database Backup Storage Replacement project budget EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 300,000

REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($)

DESCRIPTION
Fund Account Center Project Adjustment

REVENUES/TRANSFERS IN TOTAL -
NET ADJUSTMENT 300,000

FUND BALANCE
ACCOUNT STRING BUDGET ($)

DESCRIPTION
Fund Account Center Project Adjustment
4105 3601 00000 000000 (300,000) Reduce IT Replacement Fund Balance 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL (300,000)
Justification for Budget Adjustment:

Staff recommends that Council authorize the establishment of a new Capital Improvement Project – 500430 - Database Backup Storage Replacement and adopt an ordinance to approve a budget adjustment appropriating $300,000 in the IT Replacement Fund to improve database backup, recovery capabilities, improve performance, realize cloud capabilities, and dramatically improve security features.

REQUESTER NAME & TITLE: Brian Johnson, IT Program Manager FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Austin Murray, Management Analyst COUNCIL DATE (if applicable): 02/07/24 DEPARTMENT/DIVISION: Information Technology, Data Intelligence ORDINANCE:

COUNCIL COMMUNICATION
CC #: 3168
File #: 0203-07
Title: Electric Generation Vapor Compressor – Sole Source Purchase Order Contact: Matt Garner 916-746-1691 [email protected] Meeting Date: 2/21/2024
Item #: 6.3.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve a sole source purchase order with American Compressor Company for two Howden Roots manufactured rotary lobe vapor compressors.

BACKGROUND
The Roseville Energy Park (REP) uses a Zero Liquid Discharge (ZLD) system to reduce the amount of water needed for the power generation process and to process water demineralization wastes. Rotary lobe vapor compressors are used in the ZLD to increase the efficiency of the process.

The ZLD vapor compressors are exposed to high chlorides content water, high temperatures, and continuous service. These operating conditions cause erosion and other maintenance issues which is part of the regular operation of the equipment. The current vapor compressors are in good condition, but will need to be cycled out of service to perform maintenance in order to extend their service life. The requested vapor compressors will be added to inventory as spares.

The rotary lobe vapor compressors that are installed at the REP are Howden Roots Model 1216 RGS. American Compressor Company is the sole factory authorized distributor of the vapor compressor model used in the REP Zero Liquid Discharge process. As a result, staff recommends the approval of Sole Source purchase of two rotary lobe vapor compressors from American Compressor Company.

FISCAL IMPACT
The total cost of the equipment will not exceed $226,345.22. Funding is included in the FY2023- 24 budget in the Electric 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 a sole source purchase order meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Matt Garner, Power Generation Superintendent
Dan Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Vapor Compressor Quote
September 8, 2023
Roseville Energy Park
5120 Phillip Road
Roseville, California 95747
Attention: Allen Varner
Phone: 916 746 1652
Email: [email protected]
Reference: Roots 1216 RGS-J Steam Vapor Compressor.

Our Files: ro3251qt
Jason,
Qty Description Each Total
2 1216 RGS-J-V-N-PL-71 $102,293.00 $204,586.00
Rotary lobe gas blower / steam vapor compressor
Duplicate to serial LR16-10151
Inbound Freight $3,920.00
$208,506.00

7.75% Sales Tax $16,159.22
Outbound Freight $1,680.00
$226,345.22
Delivery: 32 to 34 weeks after receipt of written purchase order.

Shipment: FOB Santa fe Springs, California.

Payment Terms: Net 30 Days
Thank you for this opportunity to be of service. If you have any further questions, please contact this office.

Best Regards,

AMERICAN COMPRESSOR COMPANY
Tony Piraino

COUNCIL COMMUNICATION
CC #: 3165
File #: 0203-21
Title:

Duke Davis Water Feature Renovation Project - Reject all Bids and Authorization to Call for New Bids
Contact: Kelly Appier 916-774-5927 [email protected] Meeting Date: 2/21/2024
Item #: 6.4.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to reject all bids for the Duke Davis Water Feature Renovation Project and authorize staff to call for new bids.

BACKGROUND
Location
Leonard “Duke” Davis Park is located at 1460 Northpark Drive.

Project Description
The Duke Davis Water Feature Renovation Project intended to replace an existing water and sand play area at this park with a new misting water feature. The existing water play feature is nonfunctioning and created an inefficient use of water. The project would convert the existing sand play area into a new misting water play feature, thus creating a more efficient water feature while addressing an ongoing maintenance challenge. The scope of work included elimination of the existing water play feature.

Bid Results
One bid was received and opened on December 4, 2023 and exceeded the available budget.

The bid results and engineer's estimate are as follows:

Bidder Total Lump Sum Bid:

ProBuilders: $178,000
Engineer's Estimate: $138,000
Based on the available budget of $138,000, a strategy has been identified to create a base bid for the elimination of the existing water feature, concrete work and removal of the sand, and bid alternates related to the water feature components. If bids for both the base bid and bid alternates come within budget, the water feature will be replaced. If the base bid and bid alternates combined still exceed the available budget, the base project can proceed with removal of the non- functioning water feature and new concrete work.

Schedule
If approved, staff plans to advertise and open new bids in late February and return to Council for award in April 2024 . Renovations to begin in spring 2024.

FISCAL IMPACT
The cost of the project is estimated at $138,000. Funds for this project have been approved using the Diamond Creek Community Facilities District No. 1 fund. No change in maintenance costs is expected.

ENVIRONMENTAL REVIEW
The proposed project involves the replacement of existing structures and facilities. This activity is categorically exempt from CEQA as a Class 2 Exemption (State CEQA Guidelines Section 15302). The Exemption has been prepared and no further CEQA action is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Kelly Appier, Parks Development Project Manager
Jill Geller, Director, Parks, Recreation & Libraries
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-033
Plans
Project Manual
Vicinity Map
Notice of Exemption
RESOLUTION NO. 24-033

REJECTING ALL BIDS FOR THE DUKE DAVIS WATER

FEATURE RENOVATION PROJECT
WHEREAS, the City of Roseville requested bids for the Duke Davis Water Feature Renovation Project; and
WHEREAS, during staff review, it was determined that a strategy was identified to create a base bid for the elimination of the existing water feature, concrete work and removal of the sand and bid alternates related to the water feature components to ensure the project can move forward and within budget; and
WHEREAS, staff plans to add clarifying language to the specifications and to advertise and open new bids; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that all bids received for the Duke Davis Water Feature Renovation Project are hereby rejected per staff recommendation.

PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

LIMIT OF WORK
LIMIT OF WORK SHEET: OF REVISIONS: CHECKED BY: DRAWN BY: SCALE: DATE: CONSULTANT: (916) 746-1758 316 VERNON STREET ROSEVILLE, CA 95678 PARKS, RECREATION BD- EN- CWJ100% DRAWINGS AND LIBRARIES DEPARTMENT D E S I G N • S E R V I C E • S O L U T I O N S FUHRMAN LEAMY L A N D G R O U P 2140 PROFESSIONAL DRIVE, SUITE 115 ROSEVILLE, CA 95661 (916) 7 8 3 - 5 2 6 3 i n f o @ f l l a n d g r o u p . c o m

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RENOVATION PROJECT
1500 NORTHPARK DRIVE ROSEVILLE, CA 95747 COVER SHEET N/A KJP KCL 10.03.2023 1 9 XXXX PROJECT LOCATION DUKE DAVIS PARK WATER FEATURE RENOVATION PROJECT 1500 NORTHPARK DRIVE ROSEVILLE, CA 95747 PARKS, RECREATION & LIBRARIES DEPARTMENT SHEET INDEX: 1 - COVER SHEET 2 - GENERAL NOTES 3 - SCOPE OF WORK PLAN 4 - DEMOLITION PLAN 5 - GRADING PLAN 6 - LAYOUT PLAN 7 - CONTROL PLAN 8 - CON. DETAILS (CONSTRUCTION DETAILS) 9 - CON. DETAILS (CONSTRUCTION DETAILS) BUILDING CODE COMPLIANCE: ALL WORK SHALL CONFORM TO THE FOLLOWING MODEL CODES AND ALL APPLICABLE CITY OF ROSEVILLE DESIGN STANDARDS: 2022 CALIFORNIA BUILDING CODE (CBC), WITH CITY OF ROSEVILLE AMENDMENTS 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE 2022 CALIFORNIA MECHANICAL CODE (CMC), 2022 CALIFORNIA PLUMBING CODE (CPC), 2022 CALIFORNIA ELECTRICAL CODE (CEC), WITH CITY OF ROSEVILLE AMENDMENTS 2022 CALIFORNIA ENERGY STANDARDS (CES), 2022 CALIFORNIA FIRE CODE, WITH CITY OF ROSEVILLE AMENDMENTS (RFC). NOTICE TO PLAN CHECKER: PROJECT NAME: DUKE DAVIS PARK WATER FEATURE RENOVATION PROJECT PROJECT AREA: 2,495 SQUARE FEET AC ASPHALT BC BACK OF CURB BOL BOLLARD BOW BACK OF WALK CATV CABLE TV BOX CB CATCH BASIN CLF CHAIN LINK FENCE COL COLUMN C CONCRETE DI DRAINAGE INLET EB ELECTRICAL JUNCTION BOX EP EDGE OF ASPHALT PAVEMENT FDC FIRE DEPARTMENT CONNECTION FL FLOWLINE FNC FENCE-HEIGHT & TYPE NOTED FOW FACE OF WALK GRD RAIL GUARD RAIL GM GAS METER GV GAS VALVE HV VLT HIGH VOLTAGE VAULT LIP LIP OF GUTTER MS CONCRETE MOW STRIP NG NATURAL GROUND PAV PAVEMENT PB PACIFIC BELL SLB STREET LIGHT BOX SSCO SANITARY SEWER CLEAN OUT SSMH SANITARY SEWER MAN HOLE SW SIDEWALK TC TOP OF CURB TCDO TOP OF CURB DRIVE OVER T 22" TREE W/ 22" DIAMETER TRUNK WF WOOD FENCE-HEIGHT NOTED WM WATER METER WV WATER VALVE WVLT WATER VAULT ABBREVIATIONS: PROJECT LOCATION VICINITY MAP NOT TO SCALE LOCATION MAP NOT TO SCALE For Council Approval
Not for Construction
SHEET: OF REVISIONS: CHECKED BY: DRAWN BY: SCALE: DATE: CONSULTANT: (916) 746-1758 316 VERNON STREET ROSEVILLE, CA 95678 PARKS, RECREATION BD- EN- CWJ100% DRAWINGS AND LIBRARIES DEPARTMENT D E S I G N • S E R V I C E • S O L U T I O N S FUHRMAN LEAMY L A N D G R O U P 2140 PROFESSIONAL DRIVE, SUITE 115 ROSEVILLE, CA 95661 (916) 7 8 3 - 5 2 6 3 i n f o @ f l l a n d g r o u p . c o m

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RENOVATION PROJECT
1500 NORTHPARK DRIVE ROSEVILLE, CA 95747 GENERAL NOTES N/A KJP KCL 08.16.2023 2 9 XXXX GENERAL NOTES: 1. ALL WORK SHALL COMPLY WITH THE PARKS CONSTRUCTION STANDARDS, LATEST EDITION. 2. LANDSCAPE IMPROVEMENTS TO BE CONSTRUCTED IN COMPLIANCE WITH THE CITY OF ROSEVILLE, CA STANDARD SPECIFICATIONS LATEST EDITION. IMPROVEMENTS ARE ALSO TO BE IN COMPLIANCE WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) STANDARD SPECIFICATIONS LATEST EDITION, WHERE APPLICABLE. ALL WORK SHALL BE SUBJECT TO INSPECTION BY CITY OF ROSEVILLE, CA. 3. DESIGN: THE DRAWINGS HEREIN REPRESENT A GENERAL DESIGN TO BE IMPLEMENTED ON THE SITE DEPICTED. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTACTING THE CITY TO CLARIFY PLAN DETAILS RELATED TO SITE OR CONSTRUCTION DETAILS RELATED TO THE SITE OR CONSTRUCTION DETAILS NECESSARY FOR PROJECT COMPLETION. 4. COORDINATION: CONTRACTORS SHALL COORDINATE INSTALLATION AND SCHEDULING WITH THAT OF CITY'S REPRESENTATIVE AND OTHER CONTRACTORS EFFICIENTLY AND IN A TIMELY MANNER, ENSURING THE PROJECT COMPLETION IS UNIMPEDED AND INSTALLED CORRECTLY. THE CITY REPRESENTATIVE TO BE CONTACTED DIRECTLY AT LEAST TWO WORKING DAYS (48 HOURS) PRIOR TO BEGINNING WORK. 5. BIDDING INFORMATION: SEE PROJECT SPECIFICATIONS, SPECIAL PROVISIONS, GENERAL REQUIREMENTS, AND TECHNICAL SPECIFICATIONS FOR CONTRACTOR RESPONSIBILITIES RELATED TO BIDDING INFORMATION AND SITE VISITS PRIOR TO BID SUBMITTAL. 6. SITE CONDITIONS: SEE PROJECT SPECIFICATIONS FOR CONTRACTOR RESPONSIBILITIES RELATED TO SITE CONDITIONS. CONTRACTOR TO EXAMINE EXISTING CONDITIONS OF SITE. IN THE EVENT THAT ON-SITE CONDITIONS DIFFER FROM CONDITIONS DEPICTED ON PLANS AND WILL IMPACT THE INSTALLATION PROCESS, THE CONTRACTOR WILL SUBMIT THESE FINDINGS TO THE CITY IN WRITING PRIOR TO BEGINNING WORK. COMMENCEMENT OF WORK IMPLIES ACCEPTANCE OF THE EXISTING SITE CONDITIONS.SHOWN HEREIN ARE SUPERIMPOSED OVER DATA PROVIDED TO THE LANDSCAPE ARCHITECT BY OTHER SOURCES. THE CITY OF ROSEVILLE SHALL NOT BE LIABLE FOR THE CHANGES, INACCURACIES, OMISSIONS, OR OTHER ERRORS RELATED TO THIS DATA. THE BASE INFORMATION IS PROVIDED AS AN AID ONLY. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REVIEWING ALL DOCUMENTS AND ACCOMMODATING ANY DISCREPANCIES. 7. BASE INFORMATION PROVIDED BY: CITY OF ROSEVILLE 316 VERNON STREET ROSEVILLE, CA 95678, PHONE: (916) 772-7529 8. UTILITIES SHOWN HAVE BEEN PLOTTED FROM RECORD INFORMATION. PRIOR TO CONSTRUCTION, CONTRACTOR SHALL COORDINATE WITH UNDERGROUND SERVICE ALERT (U.S.A.) TO DETERMINE, IN THE FIELD, THE LOCATION OF ALL UNDERGROUND UTILITIES DURING CONSTRUCTION, CONTRACTOR SHALL PROTECT AND USE EXTREME CAUTION WHEN EXPOSING AND/OR WORKING NEAR EXISTING UTILITIES. 9. UTILITY COMPANIES ARE MEMBERS OF THE UNDERGROUND SERVICE ALERT (U.S.A.) ON-CALL PROGRAM. THE CONTRACTOR AND ANY SUBCONTRACTORS SHALL CONTACT U.S.A. AT LEAST TWO WORKING DAYS (48 HOURS) PRIOR TO BEGINNING WORK. ONLY EXCAVATIONS WILL REVEAL ACTUAL TYPES, LOCATIONS, SIZES AND DEPTHS OF UNDERGROUND UTILITIES. THE CITY OF MODESTO ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF9. UNDERGROUND UTILITIES OR OF BURIED EXISTING OBJECTS AND UTILITIES NOT SHOWN ON THESE PLANS. 10. THE CONTRACTOR SHALL KEEP A CURRENT SET OF DRAWINGS ON SITE AT ALL TIMES WITH DEVIATIONS FROM ORIGINAL PLANS AND SPECIFICATIONS NOTED. UPON PROJECT COMPLETION THE CONTRACTOR WILL PROVIDE THE CITY WITH A DIGITAL FORMAT AND HARD COPY COMPLETE SET OF RECORD DRAWINGS. 11. CONTRACTOR SHALL LOCATE AND PRESERVE ALL SURFACE AND SUB-SURFACE FACILITIES WHICH MAY BE IN THE WORKING AREA. LAYOUT NOTES: 1. MANUFACTURER NAMED ITEMS ARE FOR STANDARD OF REFERENCE AND DO NOT NECESSARILY LIMIT SUPPLY TO NAMED MANUFACTURERS. 2. CONTRACTOR SHALL EXAMINE RELATED WORK AND SURFACES BEFORE STARTING WORK OF THIS SECTION AND SHOULD REPORT TO THE CITY IN WRITING ANY CONDITIONS WHICH WILL PREVENT THE PROPER PROVISION OF THIS WORK. BEGINNING THE WORK OF THIS SECTION WITHOUT REPORTING UNSUITABLE CONDITIONS CONSTITUTES ACCEPTANCE OF CONDITIONS. ANY REQUIRED REMOVAL, REPAIR OR REPLACEMENT OF THIS WORK CAUSED BY UNSUITABLE CONDITIONS SHALL BE DONE AT NO ADDITIONAL COST TO THE CITY. 3. ALL EARTHWORK, GRADING AND SOIL DELIVERY/REMOVAL IS TO BE PROVIDED BY THE CONTRACTOR, AS APPLICABLE. 4. ALL CONCRETE FINISHES SHALL BE VERIFIED WITH CITY REPRESENTATIVE PRIOR TO INSTALLATION PER PROJECT SPECIFICATIONS.

For Council Approval
Not for Construction

LIMIT OF WORK
LIMIT OF WORK ADD ALTERNATE #1 LEGENDLIMIT OF WORK ADD ALTERNATE LIMIT OF WORK ADD ALT #1 VORTEX MISITNG SYSTEM, BACKFLOW PREVENTER, POTABLE WATER LINE WITH VALVE AND WIRING TO CONTROLER. SCOPE OF WORK PLAN SCALE: 1" = 10' SHEET: OF REVISIONS: CHECKED BY: DRAWN BY: SCALE: DATE: CONSULTANT: (916) 746-1758 316 VERNON STREET ROSEVILLE, CA 95678 PARKS, RECREATION BD- EN- CWJ100% DRAWINGS AND LIBRARIES DEPARTMENT D E S I G N • S E R V I C E • S O L U T I O N S FUHRMAN LEAMY L A N D G R O U P 2140 PROFESSIONAL DRIVE, SUITE 115 ROSEVILLE, CA 95661 (916) 7 8 3 - 5 2 6 3 i n f o @ f l l a n d g r o u p . c o m

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RENOVATION PROJECT
1500 NORTHPARK DRIVE ROSEVILLE, CA 95747 SCOPE OF WORK PLAN1:10 KJP KCL 10.03.2023 3 9 XXXX For Council Approval
Not for Construction

LIMIT OF WORK
LIMIT OF WORK (E) WATER PLAY FEATURE AND SURROUNDING PAVING TO BE PROTECTED IN PLACE (E) SEAT WALL TO BE PROTECTED IN PLACE, TYP. (E) WATER FEATURE ACTIVATOR TO BE ABANDONED IN PLACE (E) COMPLETELY REMOVE PLAY SAND (E) REMOVE MINIMUM TOP 6" CONCRETE BARRIER CURBING (E) PERIMETER CONCRETE CURBING TO BE PROTECTED IN PLACE (E) DRAIN INLET TO BE PROTECTED IN PLACE, TYP. (E) DRAIN LINE TO BE PROTECTED IN PLACE, TYP. (E) WATER PLAY FEATURE CHANNEL TO BE PROTECTED IN PLACE (E) DRINKING FOUNTAIN TO PROTECTED IN PLACE (E) CONCRETE PAVING TO BE PROTECTED IN PLACE, TYP. (E) TREE TO BE PROTECTED IN PLACE, TYP. (E) CONCRETE PAVING TO BE REMOVED AND LEGALLY DISPOSED OF (E) CONCRETE LIP OF WATER OUTLET AND METAL LID TO BE REMOVED. DEMOLITION GENERAL NOTES: 1. EXISTING IRRIGATION FEATURES/FACILITIES ARE TO BE PROTECTED IN PLACE AND REMAIN IN GOOD WORKING CONDITION DURING AND AFTER CONSTRUCTION. 2. ALL EXISTING SITE FEATURES ARE TO BE PROTECTED IN PLACE AND REMAIN UNDISTURBED UNLESS OTHERWISE NOTED. ANY SUCH FEATURES WHICH ARE DAMAGED SHALL BE REPLACED AT THE CONTRACTOR'S EXPENSE. 3. ALL DEMOLITION WORK NOTED ON THESE PLANS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNLESS OTHERWISE NOTED, SEE SPECIFICATIONS. 4. ALL MATERIALS REMOVED SHALL BE LEGALLY DISPOSED OF OFF-SITE. DEMOLITION LEGEND SYMBOL DESCRIPTION QTY REMOVE PLAY AREA SAND. 355 SQ FT. REMOVE MINIMUM TOP 6" OF CONCRETE BARRIER CURBING. 45 SQ. FT. EXISTING CONCRETE PAVING TO BE REMOVED AND LEGALLY DISPOSED OF. 82 SQ. FT. 6' TALL RIDGED TEMPORARY CHAIN LINK CONSTRUCTION FENCING. 365 LF LIMIT OF WORK DEMOLITION PLAN SCALE: 1" = 10' SHEET: OF REVISIONS: CHECKED BY: DRAWN BY: SCALE: DATE: CONSULTANT: (916) 746-1758 316 VERNON STREET ROSEVILLE, CA 95678 PARKS, RECREATION BD- EN- CWJ100% DRAWINGS AND LIBRARIES DEPARTMENT D E S I G N • S E R V I C E • S O L U T I O N S FUHRMAN LEAMY L A N D G R O U P 2140 PROFESSIONAL DRIVE, SUITE 115 ROSEVILLE, CA 95661 (916) 7 8 3 - 5 2 6 3 i n f o @ f l l a n d g r o u p . c o m

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RENOVATION PROJECT
1500 NORTHPARK DRIVE ROSEVILLE, CA 95747 DEMOLITION PLAN 1:10 KJP KCL 10.03.2023 4 9 XXXX For Council Approval
Not for Construction

LIMIT OF WORK
LIMIT OF WORK (E117.56) (E117.56) (E117.50) (E117.56) (E115.50) (117.43) 1.3% 0.5% (E117.50) 1.7% (E117.53) 0.6% 1.8% SHEET: OF REVISIONS: CHECKED BY: DRAWN BY: SCALE: DATE: CONSULTANT: (916) 746-1758 316 VERNON STREET ROSEVILLE, CA 95678 PARKS, RECREATION BD- EN- CWJ-AND LIBRARIES DEPARTMENT 100% DRAWINGS D E S I G N • S E R V I C E • S O L U T I O N S FUHRMAN LEAMY L A N D G R O U P 2140 PROFESSIONAL DRIVE, SUITE 115 ROSEVILLE, CA 95661 (916) 7 8 3 - 5 2 6 3 i n f o @ f l l a n d g r o u p . c o m

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RENOVATION PROJECT
1500 NORTHPARK DRIVE ROSEVILLE, CA 95747 GRADING PLAN 1:10 KJP KCL 10.03.2023 5 9 XXXX 1.8% MAX. GB GRADING LEGEND CONCRETE PAVING BACKFLOW VALVE TRAFFIC SIGNAL BOX STREET LIGHTING BOX ELECTRICAL BOX FIRE HYDRANT HOSEBIB TRAFFIC SIGNAL STREET LIGHT STORM DRAIN CATCH BASIN SURVEY CONTROL SET EXISTING SPOT ELEVATION PROPOSED SPOT GRADE GRADE SLOPE GRADE BREAK TSB SLB EB 97.30 (E97.30) SYMBOL DESCRIPTION DRYWELL ACCESS LID DOUBLE CHECK VALVE BOLLARD TELECOMMUNICATIONS BOX MAILBOX PULLBOX - UNKNOWN UTILITIES STORM DRAIN INLET SEWER CLEAN-OUT IRRIGATION CONTROL VALVE POST INDICATOR VALVE FIRE DEPARTMENT CONNECTION EXISTING TREE WITH TRUNK DIAMETER NOTED

BF STORM DRAIN MANHOLE SEWER MANHOLE WATER METER WATER VALVE STREET SIGN GUY WIRE ANCHOR JOINT UTILITY POLE GAS VALVE PUMP LIMIT OF WORK M GENERAL GRADING NOTES: 1. ALL CONSTRUCTION MATERIALS AND WORKMANSHIP SHALL CONFORM TO THE CITY OF ROSEVILLE DESIGN STANDARD SPECIFICATIONS, LATEST EDITION. THE CONTRACTOR SHALL OBTAIN AND USE ALL APPLICABLE ADDENDA. 2. CROSS SLOPE FOR NEWLY PAVED SURFACES SHALL NOT EXCEED 1.8% FOR PATH OF TRAVEL. ANY PORTION OF PAVEMENT WITH A PATH OF TRAVEL CROSS EXCEEDING 2.0% WILL BE REJECTED AND REQUIRED TO BE REMOVED AND REPLACED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE CITY. 3. FORWARD SLOPE FOR NEWLY PAVED WALKWAYS SHALL NOT EXCEED 4.8% FORWARD PATH OF TRAVEL. ANY PORTION OF PAVEMENT WITH A FORWARD PATH OF TRAVEL EXCEEDING 5.0% WILL BE REJECTED AND REQUIRED TO BE REMOVED AND REPLACED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE CITY. 4. THE CONTRACTOR SHALL BE IN RECEIPT OF CITY APPROVED PLANS PRIOR TO BEGINNING OF CONSTRUCTION WITHIN CITY RIGHT-OF-WAY. 5. THE CONTRACTOR IS RESPONSIBLE FOR DETERMINING EXACT LOCATION OF ALL EXISTING UTILITIES AND FOR THE PROTECTION OF AND REPAIR OF DAMAGE TO THEM. CONTACT UNDERGROUND SERVICE ALERT (USA) 1-800-642-2444, (48) HOURS BEFORE WORK IS TO BEGIN. 6. THE CONTRACTOR IS RESPONSIBLE FOR FURNISHING, INSTALLING AND MAINTAINING TEMPORARY SIGNS, BRIDGES, BARRICADES, FLAGMEN, AND OTHER FACILITIES TO ADEQUATELY SAFEGUARD THE GENERAL PUBLIC AND WORK, AND TO PROVIDE FOR ROUTING OF VEHICULAR AND PEDESTRIAN TRAFFIC. THE CONTRACTOR SHALL PROVIDE FOR REVIEW, A PLAN SHOWING TRAFFIC CONTROL MEASURES AND/OR DETOURS FOR VEHICLES AFFECTED BY THE CONSTRUCTION WORK IF APPLICABLE. 7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING RECORD DRAWINGS FOR ALL WORK THROUGHOUT THE COURSE OF CONSTRUCTION. 8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROTECTION OF ALL EXISTING SURVEY MONUMENTS OR MARKERS DURING CONSTRUCTION. 9. IF UNUSUAL AMOUNTS OF BONE, STONE OR ARTIFACTS ARE UNCOVERED, WORK WITHIN 150 FT IN ALL DIRECTIONS OF THE AREA SHALL CEASE IMMEDIATELY AND A QUALIFIED ARCHEOLOGIST SHALL BE CONSULTED TO DEVELOP, IF NECESSARY, MITIGATION MEASURES TO REDUCE ANY ARCHEOLOGICAL IMPACT TO A LESS THAN SIGNIFICANT EFFECT BEFORE CONSTRUCTION RESUMES IN THE AREA. 10. GRADING, TRENCHING, CUTTING AND/OR FILLING WITHIN THE DRIPLINE OF THE TREES DESIGNATED ON THE DEMOLITION PLAN FOR PRESERVATION SHALL NOT OCCUR. NO ACTIONS SHALL BE TAKEN THAT WILL HARM THE HEALTH, VITALITY OR LONGEVITY OF THE TREES IDENTIFIED ON THE DEMOLITION PLANS FOR PRESERVATION. 11. TREE AND PLANT PROTECTION AND BMP'S SHALL BE IN PLACE AND APPROVED BY CITY PRIOR TO GRADING. 12. GRADING AND DRAINAGE: ALL PROPOSED PAVING, AND PLANTING AREAS SHALL SMOOTHLY CONFORM TO EXISTING ADJACENT FEATURES TO REMAIN. PROVIDE POSITIVE DRAINAGE ON ALL PAVING AND THROUGHOUT ALL PLANTING AREAS. CONTRACTOR SHALL FLOOD PAVED AREAS UPON COMPLETION IN THE PRESENCE OF A CONSTRUCTION INSPECTOR AND RECONSTRUCT ANY LOW SPOTS AS DIRECTED, 13. BACKFILL: EXCAVATED MATERIAL NOT SUITABLE FOR BACKFILLING SHALL BE REMOVED AND LEGALLY DISPOSED OF OFF-SITE. SURVEY NOTES: 1. AN ATTEMPT HAS BEEN MADE TO SHOW ALL EXISTING STRUCTURES, UTILITIES, DRIVES, PAVEMENTS, CURBS, WALKS, ETC. IN THEIR APPROXIMATE LOCATION ON THE SURVEY AND/OR WORKING DRAWINGS. HOWEVER, OTHERS THAT ARE NOT SHOWN MAY EXIST AND MAY BE FOUND UPON VISITING THE SITE OR DURING THE CLEARING AND REMOVAL WORK. IT WILL BE THE RESPONSIBILITY OF THIS CONTRACTOR TO ACCURATELY LOCATE ALL EXISTING FACILITIES AND TO DETERMINE THEIR EXTENT. IF SUCH FACILITIES OBSTRUCT THE PROGRESS OF THE WORK AND ARE NOT INDICATED TO BE REMOVED OR RELOCATED, THEY SHALL BE REMOVED OR RELOCATED ONLY AS DIRECTED BY THE CITY. 2. THE CONTRACTOR SHALL REPORT ANY EXISTING SITE ELEMENT NOT SHOWN ON THE WORKING DRAWINGS TO THE CONSTRUCTION INSPECTOR SO THAT THE PROPER DISPENSATION OF THAT ELEMENT MAY BE MADE. GRADING PLAN SCALE: 1" = 10' SYMBOL DESCRIPTION SYMBOL DESCRIPTION For Council Approval
Not for Construction
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W (E) CONCRETE CURBING, TYP. (E) CONCRETE PAVING, TYP. (N) CONCRETE PAVING, TYP. (N) CONCRETE PAVING, TYP. (N) VORTEX GLOWMIST, TYP. (E) CONCRETE CURBING TYP. (N) CONCRETE IN-FILL PAVING (E) CONCRETE CURBING (E) CONCRETE PAVING (E) DRAIN LINE, TYP.

LIMIT OF WORK
LIMIT OF WORK (E) DRINKING FOUNTAIN (E) DRAINAGE INLET, TYP. (N) POTABLE POINT OF CONNECTION (N) BACKFLOW PREVENTER (N) 3/4" POTABLE WATER MAINLINE (E) 3/4"POTABLE WATER MAINLINE (N) 1/2" DRAIN LINE, TYP. (N) FILL IN WATER OUTLET IN WALL (N) 12" SQ. CATCH BASIN GRATE TIE EX. 4" PIPE UNDER BRIDGE TO EX. DRAIN INLET.

W
W
W

W W W W W W W W (N) POTABLE GATE VALVE (N) REMOTE CONTROL VALVE

LIMIT OF WORK
LIMIT OF WORK CONCRETE COLOR: A CONCRETE COLOR: B CONCRETE COLOR: A CONCRETE COLOR: C CONCRETE COLOR: C LAYOUT LEGEND SYMBOL DESCRIPTION MAKE / MODEL NUMBER QTY DETAIL CONCRETE PAVING MEDIUM BROOM FINISH. SEE FINISHES SCH. -- CONCRETE CURBING EXISTING CONCRETE CURBING. -- -- CONSTRUCTION FENCING 6' TALL RIDGED TEMPORARY CHAIN LINK CONSTRUCTION FENCING. 365 LF POTABLE WATER LINE 3/4" PVC SCH. 40 POTABLE WATER LINE. 95 LF 12" SQ. BASIN GRATE NDS WAVE CAST IRON BASIN GRATE (1224GR) BUILD FRAME IN NEW CONCRETE. 1 SQUARE AREA DRAIN INLET MATCH EXISTING, EXTEND EXISTING DRAIN RIM HEIGHT TO MATCH NEW FINISHED GRADE. 1 SHEET 7, DETAIL DT-2 MISTING POLE SHORT VORTEX, GLOMIST NANO, MODEL: #VOR7248, FLOW: 0.3 GPM, COLOR: GREEN #RAL6029, CONTACT: EVERETTE LATHAN, [email protected] 1 SHEET 8, DETAIL DT-4 MISTING POLE TALL VORTEX, GLOMIST, MODEL: #VOR7247, FLOW: 0.5 GPM, COLOR: BLUE #RAL5017, CONTACT: EVERETTE LATHAN, [email protected] 2 SHEET 8, DETAIL DT-3 DRAIN LINE 1/2" PVC SCH. 40 DRAIN LINE FOR MISTING POLE. 4" PVC SCH. 40 DRAIN LINE TO TIE IN EX. 22' 3' SHEET 8, DETAIL DT-5 GATE VALVE LEAD-FREE ANGLE GATE VALVE, MATCH LINE SIZE. 1 SHEET 7, DETAIL PK-11 BACKFLOW PREVENTER 1" WILKINS 975XL BACKFLOW PREVENTER WITH FREEZE PROTECTION BAG. 1 SHEET 8, DETAIL DT-6 REMOTE CONTROL VALVE 1" HUNTER PGV VALVE. 1 SHEET 13, DETAIL PK-4 POINT OF CONNECTION CONNECT NEW POTABLE WATER LINE TO THE EXISTING POTABLE MAINLINE SERVICING THE NEARBY DRINKING FOUNTAIN. -- -- LIMIT OF WORK -- -- CONSTRUCTION NOTES 1. CONTRACTOR SHALL VERIFY EXISTING CONDITIONS. 2. ALL DISTURBED IRRIGATION WILL BE ADJUSTED BY THE CONTRACTOR. COORDINATE TIMING WITH CITY AS NECESSARY TO MINIMIZE DISRUPTION OF IRRIGATION SCHEDULE. 3. SITE FEATURE DIMENSIONS ARE APPROXIMATE SEE MANUFACTURER DETAILS FOR EXACT DIMENSIONS. GENERAL LAYOUT NOTES 1. MANUFACTURER NAMED ITEMS ARE FOR STANDARD OF REFERENCE AND DO NOT NECESSARILY LIMIT SUPPLY TO NAMED MANUFACTURERS. 2. CONTRACTOR SHALL EXAMINE RELATED WORK AND SURFACES BEFORE STARTING WORK OF THIS SECTION AND SHOULD REPORT TO THE CITY IN WRITING ANY CONDITIONS WHICH WILL PREVENT THE PROPER PROVISION OF THIS WORK. BEGINNING THE WORK OF THIS SECTION WITHOUT REPORTING UNSUITABLE CONDITIONS CONSTITUTES ACCEPTANCE OF CONDITIONS. ANY REQUIRED REMOVAL, REPAIR OR REPLACEMENT OF THIS WORK CAUSED BY UNSUITABLE CONDITIONS SHALL BE DONE AT NO ADDITIONAL COST TO THE CITY. 3. ALL CONCRETE FINISHES SHALL BE VERIFIED WITH CITY REPRESENTATIVE PRIOR TO INSTALLATION PER PROJECT SPECIFICATIONS. ACCEPTANCE 1. UPON FINAL ACCEPTANCE, LANDSCAPE CONTRACTOR SHALL INSTRUCT MAINTENANCE PERSONNEL AS TO THE OPERATION AND MAINTENANCE OF ALL LANDSCAPING AND IRRIGATION. AT A TIME AND LOCATION ACCEPTABLE TO BOTH TO CONDUCT THIS TRAINING SHALL BE ARRANGED BY THE CONSTRUCTION INSPECTOR. SHEET: OF REVISIONS: CHECKED BY: DRAWN BY: SCALE: DATE: CONSULTANT: (916) 746-1758 316 VERNON STREET ROSEVILLE, CA 95678 PARKS, RECREATION BD- EN- CWJ-AND LIBRARIES DEPARTMENT 100% DRAWINGS D E S I G N • S E R V I C E • S O L U T I O N S FUHRMAN LEAMY L A N D G R O U P 2140 PROFESSIONAL DRIVE, SUITE 115 ROSEVILLE, CA 95661 (916) 7 8 3 - 5 2 6 3 i n f o @ f l l a n d g r o u p . c o m

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C . LEAM No. 4965
Y 12/31/24 Signature Renewal Date Date 10/03/23 ADD ALTS. 12.22.2023 DUKE DAVIS PARK WATER FEATURE

RENOVATION PROJECT
1500 NORTHPARK DRIVE ROSEVILLE, CA 95747 LAYOUT PLAN 1:10 KJP KCL 10.03.2023 6 9 XXXX FINISHES SCHEUDLE SYMBOL DESCRIPTION PAVING COLOR QTY DETAIL CONCRETE COLOR: A DAVIS COLORS: EUROBLUE (COBALT) #418 256 SQ FT SHEET 7, DETAIL PK-31 & PK-32 CONCRETE COLOR: B DAVIS COLORS: WILLOW GREEN, #5376 242 SQ FT SHEET 7, DETAIL PK-31 & PK-32 CONCRETE COLOR: C NATURAL GRAY 81 SQ FT SHEET 7, DETAIL PK-31 & PK-32 W
W LAYOUT PLAN SCALE: 1" = 10' SITE FINISHES PLAN SCALE: 1" = 10' CONTROLLER NOTES 1. CONNECT NEW VALVE TO EX. CONTROL WIRES FOR EX. WATER FEATURE. 2. CONTRACTOR TO CONFIRM THAT WIRES ARE STILL FUNCTIONAL. 3. CONTROLLER TO BE PROGRAMMED FOR SEPARATE SCHEDULE FOR NEW MISTING POLES. # = ADD ALTERNATE #1 ITEM ######
#
#
For Council Approval
Not for Construction
W
W
W
W
W
W
W
W
W
W
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LIMIT OF WORK

LIMIT OF WORK
W
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W W W W W W W W 22'-2" 8'-10" 1'-2" 2' R12'-6" 6'-8" R16'-8" R10'-5" 10'-2"

LIMIT OF WORK

CJ CJ CJ
CJ
CJ CJ
CJ
CJ
CJ
CJ
CJ CJ DOWEL NEW PAVING INTO EXISTING CONCRETE, 18" O.C. DOWEL NEW PAVING INTO EXISTING CONCRETE, 18" O.C. SHEET: OF REVISIONS: CHECKED BY: DRAWN BY: SCALE: DATE: CONSULTANT: (916) 746-1758 316 VERNON STREET ROSEVILLE, CA 95678 PARKS, RECREATION BD- EN- CWJ-AND LIBRARIES DEPARTMENT 100% DRAWINGS D E S I G N • S E R V I C E • S O L U T I O N S FUHRMAN LEAMY L A N D G R O U P 2140 PROFESSIONAL DRIVE, SUITE 115 ROSEVILLE, CA 95661 (916) 7 8 3 - 5 2 6 3 i n f o @ f l l a n d g r o u p . c o m

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C . LEAM No. 4965
Y 12/31/24 Signature Renewal Date Date 10/03/23 ADD ALTS. 12.22.2023 DUKE DAVIS PARK WATER FEATURE

RENOVATION PROJECT
1500 NORTHPARK DRIVE ROSEVILLE, CA 95747 CONTROL PLAN 1:10 KJP KCL 10.03.2023 7 9 XXXX CJ HORIZONTAL CONTROL PLAN SCALE: 1" = 10' CONTROL JOINT PLAN SCALE: 1" = 10' LEGEND SYMBOL DESCRIPTION QTY DETAIL CONTROL JOINT -- SHEET 7, DETAIL PK-32 POINT OF BEGINNING -- -- For Council Approval
Not for Construction

3.5" 1'-6" (E) WATER PLAY CONCRETE APRON PAVING. 1' 1'-6" WATER PLAY CHANNEL, (N) CONCRETE PAVING INFILL. (N) FORM NEW CONCRETE AROUND NEW 12" SQ. DRAIN GRATE, ALLOW FOR CONTINUED DRAINAGE INTO EXISTING DRAIN PIPE. (E) DRAIN PIPE.

A SECTION 'A' PLAN VIEW (E) CONCRETE CURB. CONCRETE INFILL SCALE: NONE DT-1 1' RAISE DRAINAGE INLET SCALE: NONE DT-2 (N) CONCRETE PAVING, SLOPED TOWARD DRAINAGE INLET. (N) 3/4" AGGREGATE BASE, COMPACTED TO 95% RELATIVE COMPACTION. NATIVE SOIL COMPACTED TO 90% RELATIVE COMPACTION. RAISE DRAINAGE INLET ELEVATION TO MATCH NEW CONCRETE FINISH GRADE. (E) DRAINAGE INLET. SLOPE SLOPE (N) FINISH GRADE. 5" 4" FILL IN WATER WALL OUTLET SCALE: NONE DT-3 A F.S. OF CONCRETE WALK F.S. OF CENTERLINE OF CONCRETE CREEK CHANNEL (E) CUT OFF EX. CONCRETE LIP FLUSH WITH WALL. (E) REMOVE EX. METAL CAP. (E) WATER OUTLET IN SEAT WALL. PLAN VIEW SECTION 'A' (N) FILL VOID WITH CONCRETE TO FACE AND TOP OF WALL. SHEET: OF REVISIONS: CHECKED BY: DRAWN BY: SCALE: DATE: CONSULTANT: (916) 746-1758 316 VERNON STREET ROSEVILLE, CA 95678 PARKS, RECREATION BD- EN- CWJ-AND LIBRARIES DEPARTMENT 100% DRAWINGS D E S I G N • S E R V I C E • S O L U T I O N S FUHRMAN LEAMY L A N D G R O U P 2140 PROFESSIONAL DRIVE, SUITE 115 ROSEVILLE, CA 95661 (916) 7 8 3 - 5 2 6 3 i n f o @ f l l a n d g r o u p . c o m

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C . LEAM No. 4965
Y 12/31/24 Signature Renewal Date Date 10/03/23 ADD ALTS. 12.22.2023 DUKE DAVIS PARK WATER FEATURE

RENOVATION PROJECT
1500 NORTHPARK DRIVE ROSEVILLE, CA 95747 CON. DETAILS VARIES KJP KCL 10.03.2023 8 9 XXXX For Council Approval
Not for Construction
GLOMIST SCALE: NONE DT-3 CONTACT MANUFACTURER FOR MORE INFORMATION PRIOR TO CONSTRUCTION. GLOMIST NANO SCALE: NONE DT-4 CONTACT MANUFACTURER FOR MORE INFORMATION PRIOR TO CONSTRUCTION. GLOMIST MOUNT SCALE: NONE DT-5 CONTACT MANUFACTURER FOR MORE INFORMATION PRIOR TO CONSTRUCTION. BACKFLOW PREVENTER SCALE: NONE DT-6 NOTES: 1. INSTALL BACKFLOW PREVENTER AS REQUIRED BY LOCAL CODES AND HEALTH DEPARTMENT. VERIFY LOCAL REQUIREMENTS PRIOR TO INSTALLATION. X - 12" MINIMUM - 18" MAX. CLEARANCE. 2. ALL PIPES AND FITTINGS TO BE BRASS. LEGEND: 1. BRASS 90° ELL. TYPICAL. 2. BRASS NIPPLE. 4" MIN. LENGTH. TYP. 3. BRASS WYE STRAINER W/60 MESH MONEL SCREEN. 4. BRASS PLUG. 5. BRASS UNION. 6. 4" THICK CONCRETE PAD. SIZE PER BACKFLOW COVER MANUFACTURER SPECIFICATIONS. 7. BRASS NIPPLE. TYPICAL. 8. FROM POINT OF CONNECTION. ADAPT AS REQUIRED. 9. 12" x 12" x 12" CONCRETE THRUST BLOCK. TYPICAL. 10. BRASS COUPLING. SET FLUSH WITH CONCRETE. TYPICAL. 11. PVC MALE ADAPTER. 12. PVC MAINLINE. 13. BACKFLOW FREEZE PROTECTION BAG. SHEET: OF REVISIONS: CHECKED BY: DRAWN BY: SCALE: DATE: CONSULTANT: (916) 746-1758 316 VERNON STREET ROSEVILLE, CA 95678 PARKS, RECREATION BD- EN- CWJ-AND LIBRARIES DEPARTMENT 100% DRAWINGS D E S I G N • S E R V I C E • S O L U T I O N S FUHRMAN LEAMY L A N D G R O U P 2140 PROFESSIONAL DRIVE, SUITE 115 ROSEVILLE, CA 95661 (916) 7 8 3 - 5 2 6 3 i n f o @ f l l a n d g r o u p . c o m

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KEV I N
C . LEAM No. 4965
Y 12/31/24 Signature Renewal Date Date 10/03/23 ADD ALTS. 12.22.2023 DUKE DAVIS PARK WATER FEATURE

RENOVATION PROJECT
1500 NORTHPARK DRIVE ROSEVILLE, CA 95747 CON. DETAILS VARIES KJP KCL 10.03.2023 9 9 XXXX For Council Approval
Not for Construction
Project Manual for the
Duke Davis Park—Water
Feature Renovation Project
(Re-Bid)
February 7, 2023
The latest edition of the City of Roseville Parks Construction Standards are incorporated by reference as a part of this Project Manual. The Parks Construction Standards are available at www.roseville.ca.us/parksintheworks.

Parks, Recreation & Libraries
316 Vernon Street, Suite 400
Roseville, California 95678
www.roseville.ca.us
For Council Approval
Not for Construction
(916) 774-5505 • (916) 773-5595 Fax • (916) 774-5220 TDD • [email protected] • www.roseville.ca.us/parks Notice to Bidders
DATE: 2/9/2024
TO: Perspective Bidders
FROM: Kelly Appier, Park Development Project Manager
RE: Duke Davis Park Water Feature Renovation Project (Re-Bid) Project Description: The City of Roseville is now accepting bid proposals for the Duke Davis Park Water Feature Renovation Project (Re-Bid). The scope of work for the base bid includes, but is not limited to: remove and replace existing sand play area with concrete, fill in existing water play waterfall and channel with concrete, remove and replace existing raised concrete panel, and modify existing drainage.

An additive alternate bid includes, but is not limited to: tie into existing potable water line, add backflow preventer, gate valve, remote control valve and wiring, and run potable line to provide water for a new misting system, install new pole misting system with ties into existing drainage.

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

Potential bidders are advised to obtain all documents and specifications related to this project directly from the City of Roseville. The City of Roseville does not guarantee the accuracy of any forms, plans, or project manuals obtained through outside sources other than the City of Roseville. Furthermore, the City does not guarantee the distribution of any addendums or the accuracy of their content if obtained from a third party.

Bidders expressly assume the risk that their bid will be rejected from the use of project manuals or project plans obtained from third parties other than the City of Roseville.

Engineer’s Estimate: The engineer's estimate for construction is $130,000 Pre-Bid Meeting: Not Applicable
Questions: The deadline for submission of questions and clarifications regarding the Contract Documents is 3/12/2024. In order to meet the required timeline to issue addenda, questions will not be accepted after this date. Only Addenda issued by the City are binding. All questions shall be directed to the attention of Kelly Appier via Public Purchase at https://roseville.ca.us/rfp.

Bid Deadline: Proposals will be received at the Office of the City Clerk, 311 Vernon Street, Roseville, California, until 3:00 p.m. on 3/19/2024The proposals will be publicly opened and read by the City Clerk or designee of the City of Roseville in the City Clerk’s Office at 3:05 p.m. on that same day.

The July 2023 edition of the City of Roseville Parks Construction Standards will be applicable to this project.

The successful bidder will be required to use the standards contained in the book for the construction of this project.

Parks, Recreation & Libraries
Park Development
316 Vernon Street, Suite 400
Roseville, California 95678
For Council Approval
Not for Construction
Parks, Recreation & Libraries
Park Development
316 Vernon Street, Suite 400
Roseville CA 95678
Notice to the apparent low bidder for the Duke Davis Park Water Feature Renovation (Re-Bid) In order to move forward with the award of this project, the City of Roseville requests that you submit the following documents:

1. Agreement (two sets of originals, single-side print) with either:
 wet signatures from two corporate officers, or
 wet signature from one corporate office plus the corporate seal

2. Public Works Faithful Performance Bond – fully executed and notarized.

3. Public Works Labor and Materials Payment Bond – fully executed and notarized.

4. Insurance.

The Agreement, bond forms and insurance requirements are contained in this Project Manual.

We request that all documents be received by Click or tap to enter a date.

Please contact us if you are unable to meet this deadline.

Send completed forms to:

City of Roseville - Parks, Recreation & Libraries Department Attn: Kelly Appier
316 Vernon Street, Suite 400
Roseville CA 95678
The Parks, Recreation & Libraries Department requires submittal of all of the above executed documents prior to City Council bid award.
916.774.5505 phone
916.774.5251 fax
www.roseville.ca.us
For Council Approval
Not for Construction
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

TABLE OF CONTENTS
Pagination Notation
Notice to Contractors NTC
Instructions to Bidders INT
Proposal PROP
Insurance Broker Information Packet INS
General Conditions for Buildings and Grounds GC
Supplemental Conditions SC
Specifications SPEC
Drawings DRAW
Assembly Bill No. 626 AB 626
For Council Approval
Not for Construction
A pre-bid meeting will not be held for this project.

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

Bids shall be submitted on the City’s Proposal Forms included in the Project Manual, plainly endorsed with the Bidder’s name together with signed acknowledgment of any and all addenda. Proposal Forms shall be securely sealed in a suitable envelope marked with the name and address of the Bidder, and marked in capital letters on the front and back of the envelope as NTC - 1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

CITY OF ROSEVILLE

DEPARTMENT OF PARK, RECREATION & LIBRARIES
Name of Project: Duke Davis Park Water Feature Renovation Project (Re-Bid)

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

The Proposals will be publicly opened and read by the City Clerk or designee of the City of Roseville at 3:05 p.m. on _____________________, 20__ at the Office of the City Clerk located at 311 Vernon Street, Roseville California for the following project:

Duke Davis Park Water Feature Renovation Project
_____________________________________________________________________________.

For Council Approval
Not for Construction
follows:

Duke Davis Park Water Feature Renovation Project (Re-Bid) (Name of Bidder)
(Address of Bidder)
Whether mailed or personally delivered, all bids shall be addressed to the City of Roseville, Office of the City Clerk, 311 Vernon Street, Roseville, California, 95678.

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

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

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid by the submission deadline. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline submission of bids NTC - 2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] For Council Approval
Not for Construction
nor may any bid be withdrawn after the time fixed in the public notice for deadline for submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and the City is under no obligation to return bids.

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

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

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

The City has determined that the Contractor shall possess a valid Class A, B, or C-27, California Contractor's license at the time that the bid is submitted, as well as any other license classification as may be required by the laws of the California for the performance of the work specified in the Contract Documents. Said license shall be maintained during the Contract period. Failure to possess the specified license shall render the bid non-responsive and will act as a bar to the award of the Contract to any Bidder not possessing such a license at the time of bid submittal. The Contractor shall provide certification of the license, its number and the expiration date on the proposal form.

The work is to be done in Placer County. Pursuant to California Labor Code Section 1773, the City has ascertained the General Prevailing Rate of Wages in the County in which the NTC - 3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] For Council Approval
Not for Construction
NTC - 4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] work is to be done to be as determined by the Director of Industrial Relations of the State of California. The Contractor is hereby made aware that information regarding prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 5 “Legal Relations and Responsibility” of the General Conditions.

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

All questions prior to the deadline for bid submissions shall be directed to the attention of ______________________________ via ________________________________ at _______________________________. The deadline for submissions of questions and clarifications regarding the Contract Documents is _______ calendar days before the deadline for For Council Approval
Not for Construction
NTC - 5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] bid submissions. Only Addenda issued by the City are binding. ___________________________________
City Clerk, City of Roseville
Dated: _____________________________
Published: __________________________
For Council Approval
Not for Construction
INT - 1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

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

The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of Work to be performed, the quantities of materials to be furnished, and as to the requirements of all the Contract Documents.
1-1.03 EXISTING INFORMATION. Where the Department has made investigations of site conditions, including subsurface conditions in areas where Work is to be performed under the Contract, such investigations are made only for the purpose of study and design. City does not represent that such conditions as found in these investigations or inferences or conclusions drawn as a result of these investigations will represent actual site For Council Approval
Not for Construction
INT - 2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] conditions and hereby disclaims any liability as a result of Contractor’s or Bidder’s reliance on such investigations. City will presume that all Bidders have conducted their own site investigations, including investigations of subsurface conditions. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the Department as to such investigations subject to the conditions set forth in these Instructions to Bidders. Such inspection of records may be made only at the location noted above. The records of such investigations are not a part of the Contract Documents and are shown solely for the convenience of the Bidder or Contractor. The City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of the investigations made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. The City makes no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.

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

For Council Approval
Not for Construction
INT - 3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 2: BID REQUIREMENTS
2-1.01 PROPOSAL FORMS. The Department will furnish to each Bidder standard Proposal Forms, which, when filled out and executed may be submitted as the bid.

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

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

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

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

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

If the Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Proposal shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the Bidder other than an officer of a corporation or a member of a partnership, a notarized Power of For Council Approval
Not for Construction
INT - 4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Attorney must be on file with the City prior to opening of bids or must be submitted with the Proposal. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal. 2-1.02 SUBMISSION OF BIDS. Bids must be submitted at the prescribed time and location specified in the Notice to Contractors. Any submission received after the prescribed time shall be rejected, regardless of whether or not bids are opened exactly at the prescribed time.

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

No telegraphic, telephonic, or facsimile or other electronically transmitted bids will be considered.
2-1.03 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each Proposal shall list the name, address and Contractor license number of each Subcontractor to whom the Bidder proposes to subcontract portions of the Work in an amount in excess of onehalf of one percent (0.5%) of its total bid, in accordance with Section 4100 to 4114, inclusive, of the Public Contract Code for the State of California. The Bidder shall list the Subcontractor’s license number and the portion of the Work that will be done by each Subcontractor. If the Bidder fails to specify a Subcontractor for any portion of the Work, the Bidder agrees to perform that portion of the Work itself, and represents that it is qualified to perform that portion of the Work itself. The Bidder's attention is invited to other provisions of the Public Contract Code related to the imposition of penalties for a failure to observe its provisions by using unauthorized Subcontractors or by making unauthorized substitutions. 2-1.04 CONTRACTOR’S LICENSING LAWS. Attention is directed to the For Council Approval
Not for Construction
INT - 5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] provisions of Business and Professions Code Chapter 9 of Division 3 concerning the licensing of Contractors.

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

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

Bidders shall submit a properly completed and executed “Noncollusion Declaration” in the form required by Public Contract Code Section 7106 and provided with the Proposal (PROP11). 2-1.06 DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, For Council Approval
Not for Construction
INT - 6
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
2-1.07 PROPOSAL GUARANTY. All bids shall be accompanied by one of the following forms of Bidder's security: Cash, a cashier's check, a certified check, or a Bidder's bond executed by an admitted California surety insurer, made payable to the City of Roseville, or any other form of security deemed acceptable by the City Attorney. The security shall be in an amount equal to at least ten percent (10%) of the amount bid. A bid will not be considered unless one of the form of Bidder's security is enclosed with it.

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

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

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

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

The prices included within the Schedule of Bid Prices shall include all costs for labor, For Council Approval
Not for Construction
INT - 7
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and all other costs necessary to perform the Work in accordance with the Contract Documents.

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

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

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

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

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

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

The City shall compare bids on the basis of the Grand Total Bid Price, which includes the base bid and any alternates designated on the Schedule of Bid Prices. Alternates may or may not be awarded, or may be awarded in any combination, at the City’s discretion. 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the Notice to Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or its duly authorized representative, for the withdrawal of such bid is filed with the City Clerk. Facsimile and electronic mail requests are not acceptable. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. The withdrawal of any bid after the time fixed in the Notice to Contractors for the opening of bids will not be permitted.
2-1.10 ADDENDUM. Proposals shall include all costs and account for all Addenda issued prior to opening of bids. The Bidder is responsible for verifying that all issued Addenda have been received. An Addendum acknowledgment form for each Addendum shall be included as part of the Proposal submittal.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present.
2-1.12 TRENCHING AND EXCAVATION WORK. In accordance with the provisions of California Labor Code Section 6707, if the Work involves construction of a For Council Approval
Not for Construction
INT - 9
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] pipeline, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are five feet (5') or deeper, each bid submitted shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to all applicable safety orders.

For Council Approval
Not for Construction
INT - 10
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 3: EVALUATION OF BIDS
3-1.01 BID EVALUATION PROCESS. Bids will be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Grand Total Bid Price, as shown in the Schedule of Bid Prices. If additive or deductive alternates are used in the Schedule of Bid Prices, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for base contract items plus the alternates designated by the City as those that will be used for determining the lowest bid price. However, the City reserves the right to (1) not award any alternates or (2) award any combination of alternates.

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

For Council Approval
Not for Construction
INT - 11
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] 3-1.03 COMPETITIVE BIDDING. If more than one proposal is offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or Work to a Bidder is not thereby disqualified from quoting prices to other Bidders, or from submitting a bid directly for the materials or Work.

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

For Council Approval
Not for Construction
INT - 12
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 4: AWARD AND EXECUTION OF CONTRACT
4-1.01 AWARD OF CONTRACT. The City reserves the right to reject any and all proposals and to award (or not award) any combination of bid items at its option. Any such award will be to the lowest responsible Bidder whose proposal complies with the requirements prescribed for the bid items awarded. Such award, if made, will be made within sixty (60) business days after the opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) business days after the opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred four (104) business days after the opening of the proposals. The above time periods within which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.
4-1.02 RETURN OF BIDDER’S SECURITIES. Within ten (10) Days after the award of the Contract, the City Clerk will return all Bidders' securities, other than Bidders' bonds, accompanying the proposals that are not to be further considered in making the award.

Retained Bidders' securities will be held until the Contract has been fully executed, after which all Bidders' securities, except Bidders' bonds and any Bidders' securities that have been forfeited, will be returned.
4-1.03 CONTRACT BONDS. The successful Bidder shall furnish two (2) For Council Approval
Not for Construction
INT - 13
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] bonds in the form contained in the section entitled Insurance Broker Information Packet and Bonds. One (1) bond shall secure the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract, and the other bond shall guarantee the faithful performance of the Contract.

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

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

Furthermore, the successful Bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3). 4-1.04 INSURANCE. At the time of the execution of the Contract, the Contractor shall, at its own expense, procure, and at all times during the prosecution of the Work maintain in full force and effect Worker's Compensation Insurance, and Liability Insurance as specified in the General Conditions. The Contractor shall provide a Certificate of Insurance in the form contained in the section entitled Insurance Broker Information Packet. 4-1.05 EXECUTION OF CONTRACT. The Contract shall be signed by the successful Bidder and returned, together with all the required Contract bonds and insurance certificates, within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City.

For Council Approval
Not for Construction
INT - 14
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] If the Bidder is an individual, the Contract shall be executed personally by the Bidder. If the Bidder is a partnership, it is desirable that the Contract be executed by all of the partners, but it may be executed by one of them. If the Bidder is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief financial officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Contract, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the corporation. If the corporate seal is not affixed to the Contract, or if it is executed by a person other than officers, or only by one officer, there must be attached to the Contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Bidder is a joint venture, the Contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. 4-1.06 FAILURE TO EXECUTE CONTRACT. Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds and insurance as provided within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City, shall be just cause for annulment of the award and forfeiture of the Bidder's security. The successful Bidder may file with the City Clerk a written notice, signed by the Bidder or Bidder's authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to Bidder. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time prescribed.

For Council Approval
Not for Construction
INT - 15
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 5: BID PROTEST PROCEDURES
5-1.01 POLICY/PROCEDURES. It is the policy of the City to consider fully and adjudicate promptly protests filed by prospective Bidders relating to the City’s bidding procedure or award of the Contract. Protests shall be filed and processed in accordance with Section 4.12.150 of the Roseville Municipal Code. A Bidder’s failure to follow the bid protest procedures may result in rejection of the protest by the City.

For Council Approval
Not for Construction

PROPOSAL TO THE DEPARTMENT OF PARKS, RECREATION & LIBRARIES Project: Duke Davis Park Water Feature Renovation Project (Re-Bid) Name of Bidder _________________________________ Business Phone ________________ Business Address
_______________________________________________________________ Place of Business _______________________________________________________________ Contractor’s License No. ______________________________________
License Expiration Date_______________________________________ License Classification Type __________________________________________ DIR Registration No. _________________________________________ Type of business organization:
*If a Corporation, incorporated under the laws of the State of:

City of Roseville Business License No.

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

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

The work to be done is described in the Bidding Documents entitled Duke Davis Park Water Feature Replacement Project (Re-Bid), City of Roseville, California. This offer shall be irrevocable for a period of sixty (60) Days after the date on which bids are opened.

PROP - 1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] For Council Approval
Not for Construction
PROP - 2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] The undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposal, other than that requested, may render the bid non-responsive.

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

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

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

The prices included within the Schedule of Bid Items include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance For Council Approval
Not for Construction
PROP - 3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] with the Contract Documents.

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

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

The undersigned certify that we are partners in the business named above and that we sign this bid with the full authority to do so:
____________________________________________________________________________ ____________________________________________________________________________ If CORPORATION, execute here:

Corporate Name: _______________________________________ For Council Approval
Not for Construction
PROP - 4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Incorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do:

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

Joint Venture name composed of:

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

Signature of Authorized Official*
Title
Typewritten or Printed Name
Signature of Authorized Official*
Title
Typewritten or Printed Name
*If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to City is provided demonstrating that such individual is authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws).

For Council Approval
Not for Construction
PROP - 5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] [LIST OF SUBCONTRACTORS FOLLOWS ON NEXT PAGE.]
For Council Approval
Not for Construction
PROP - 6
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

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

PORTION/

TYPE OF
WORK
% OF

CONTRACT
SUBCONTRACTOR’S
NAME

CONTRACTOR
LICENSE NO. DIR REG NO. BUSINESS ADDRESS (CITY, STATE)
For Council Approval
Not for Construction
PROP - 7
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

SECURITY FOR COMPENSATION CERTIFICATE
(Required by California Labor Code Section 1861)
TO: City Council
City of Roseville
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. _________________________________
_________________________________
(Signature of Bidder)
_________________________________
_________________________________
Business Address
_________________________________
Telephone
For Council Approval
Not for Construction
PROP - 8
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] BIDDER’S BOND
City Council of the City of Roseville
KNOW ALL MEN BY THESE PRESENTS:

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

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned Bid to the City Council of the City of Roseville, as aforesaid, for certain construction specifically described as follows, for which Bids are to be opened at the Office of the City Clerk located at 311 Vernon Street, Roseville, California, on ____________________________, 20__ FOR (Copy here the exact title of work as it appears on the Proposal.) For Council Approval
Not for Construction
PROP - 9
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] NOW, THEREFORE, IF THE AFORESAID PRINCIPAL is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented for signature, enters into a written Contract, in the prescribed form, in accordance with the Bid, and files all insurance and two (2) Bonds with the Department, one (1) to guarantee Faithful Performance and the other to guarantee Payment for Labor and Materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

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

For Council Approval
Not for Construction

SCHEDULE OF BID ITEMS

DAVIS DUKE WATER FEATURE RENOVATION PROJECT (RE-BID)
The bidder, in compliance with the published Notice to Contractors, having examined the Plans and Specifications, any and all addenda, any related documents, and all of the sites of the proposed work, and being familiar with all the conditions surrounding the construction of the proposed project, including the availability of material, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the Contract Documents, within the time period set forth therein, and at the prices stated. This is a “Lump Sum Bid” project. These prices are to include all labor, materials, supplies, and all other expenditures incidental to complete compliance to the Contract Documents.

The work to be included in the Contract shall be determined by the City prior to award of Contract.

The amount of the bid for comparison and award purposes shall be the total amount set forth in the “Grand Total Bid Price”. The City reserves the right to award none, all or selected add alternates as the budget permits.

BASE BID:

Base bid includes all work as shown on the plans, project manual, and addenda to construct the Davis Duke Water Feature Renovation Project (Re-Bid).

Numerical Total Base Bid: $_________________________________________________ Written Total Base Bid: __________________________________dollars and__________ ADD ALTERNATE:

Add Alternate #1 – Misting System
Numerical Additive Alternative #1 Bid: $______________________________________ Written Additive Alternative #1 Bid:__________________________ dollars and ______ GRAND TOTAL BID PRICE:

Lump Sum Base Bid plus Add Alternate #1
Numerical Total Bid: $______________________________________________________ Written Total Bid: _______________________________________dollars and__________ The additions or deletions sheets (PROP 10 B-C) are required to be submitted with the proposal and shall be completed in their entirety. Failure to do so would be interpreted an as incomplete/nonresponsive bid. This breakdown will not be considered for bid award but will be used during the contract in case of change orders.

For Council Approval
Not for Construction
Contractor Name (print or type): ____________________________________________ Signature (by authorized representative): _____________________________________ Date: _______________________ License No.: _________________ Class: _______ For Council Approval
Not for Construction
PROP - 10
For Additions and Deletions Only
Contractor shall provide itemized costs as shown below for use during construction for additions or deletions only. Unit costs to be listed are based on the project plans, specifications, Parks Construction Standards and the Design & Construction Standards, unless otherwise noted. Items listed are not necessarily shown on the plans or identified in the Technical Specifications.

Item Description Unit Unit Cost

BASE BID
1 Site Security Fencing lf
2 Clearing and Demo of Existing Areas ls
3 Drain Modifications ls
4 Grey broom finished concrete sf
5 Colored concrete sf

ADDITIVE ALTERNATE
6 Connection to Existing Potable Water Line including Backflow Preventer ls 7 Gate Valve with Box ls
8 Remote Control Irrigation Valve with Box ls
9 3/4" Domestic water line lf
10 Irrigation Control Wires lf
11 Vortex Misting System with drainage ls

DAVIS DUKE PARK WATER FEATURE RENOVATION (RE-BID)
For Council Approval
Not for Construction

PROJECT QUALIFICATIONS/EXPERIENCE SHEET
Project Name: _________________________________Company Name: _____________________________________ License Type: ________ The following shall be fully completed by the Contractor detailing previous experience which satisfies the project prerequisite. This prerequisite includes park projects of similar size and scope to that of the current project and which has been completed by your company within the last three (3) years. This form shall be fully completed and submitted as a part of the Proposal/Bid Schedule. Failure to do so could be interpreted as an incomplete/non-responsive bid.

1. Project Name: _______________________________________________________________________ Acres _______ Location:___________________________ Owner: ___________________________________________________________ Contact Person: ____________________________________________________ Phone: (_____) ____________________ Contract Amount: $______________________________________ Year Completed _____________________________ Landscape Architect/Architect: ______________________________________________________________________ Phone: (_____) ______________________

Scope of Work (check all those that apply):
___ Grading ___ Drainage ___ Irrigation ___ Asphalt Concrete Work ___ Concrete Forming ___ Concrete Flatwork ___ Special Concrete Finishing ___ Decomposed Granite Paving ___ Parking Lots ___ Tennis Courts ___ Basketball Court ___ Play Equipment Installation ___ Benches ___ Picnic Tables ___ Lighting ___ Drinking Fountains ___ Masonry Block Work ___ Backstops ___ Restroom Facilities ___ Landscaping ___ Other (specify) _____________________________________________________________________________________________________________

2. Project Name: _______________________________________________________________________ Acres _______ Location:___________________________ Owner: ___________________________________________________________ Contact Person: ____________________________________________________ Phone: (_____) ____________________ Contract Amount: $______________________________________ Year Completed _____________________________ Landscape Architect/Architect: ______________________________________________________________________ Phone: (_____) ______________________

3. Project Name: _______________________________________________________________________ Acres _______ Location:___________________________ Owner: ___________________________________________________________ Contact Person: ____________________________________________________ Phone: (_____) ____________________ Contract Amount: $______________________________________ Year Completed _____________________________ Landscape Architect/Architect: ______________________________________________________________________ Phone: (_____) ______________________

NONCOLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

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

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________________ [date], at _____________________________ [city], ________________ [state]. ____________________________________
(Signature of Declarant)
For Council Approval
Not for Construction
PROP - 12
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

DISQUALIFICATION QUESTIONNAIRE
The Bidder shall complete, under the penalty of perjury, the following questionnaire:

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

NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________ For Council Approval
Not for Construction
PROP - 13
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

ACKNOWLEDGEMENT OF INSURANCE AND BOND REQUIREMENTS
Included in the Bid Price is full compensation for the requirements set forth in the INSURANCE BROKER INFORMATION PACKET of the Project Manual.

NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________ For Council Approval
Not for Construction
PROP - 14
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

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

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

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

Print Name Signature
Name of Business/Company/Corporation Date
Address Phone
For Council Approval
Not for Construction
PROP - 15
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

END OF PROPOSAL
For Council Approval
Not for Construction

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

WHEREAS, the City Council of the CITY, at a meeting held on the ____day of __________________, 20_____, approved plans and specifications for the Duke Davis Park Water Feature Renovation Project and directed the City Clerk to advertise for sealed proposals for doing said work and providing that bids be submitted on the _____ day of ________________, 20_____; and
WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, CONTRACTOR, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which bid is now on file in the office of the City Clerk, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a meeting of the City Council held on the _____ day of ___________________, 20_____, the Council found and 1 [L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] For Council Approval
Not for Construction
2 [L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] declared the bid of CONTRACTOR to be the lowest responsible bid and thereupon awarded a contract to CONTRACTOR to do the work referred to in the aforementioned specifications.

NOW, THEREFORE, the parties agree as follows:

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

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

3. CONTRACT DOCUMENTS. The complete Agreement between the parties hereto consists of the following documents:
a. The advertisement for bids (including the notice to bidders, instructions to bidders and proposals);
b. The accepted bid;
c. Plans and specifications (including general conditions, supplemental conditions, special provisions and construction details); d. Bonds and insurance required by the specifications; and For Council Approval
Not for Construction
3 [L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] e. This contract.

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

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

Inasmuch as the actual damages which would result from such breach by CONTRACTOR under this Agreement are uncertain, and would be impractical or extremely difficult to fix, CONTRACTOR agrees that it shall pay, or CITY shall deduct from CONTRACTOR’s fee, the amount of $800 per day as liquidated damages, in the event of such delay.

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

CONTRACTOR shall complete all Work under the Contract Documents within (45) Days of the date of this Contract. CONTRACTOR shall begin work by the date specified in the “Notice to Proceed” letter and shall diligently prosecute all of the Work under this Contract in all parts and requirements as defined in the Contract Documents.

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

CITY OF ROSEVILLE CONTRACTOR
______________________________
______________________________
______________________________
Parks, Recreation & Libraries Department
Attn: Kelly Appier
316 Vernon Street, Suite 400
Roseville, CA 95678 ______________________________
For Council Approval
Not for Construction
4 [L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] CITY may also act through either its architect or construction manager if CITY expressly gives notice to CONTRACTOR, in writing, that CITY’s designee has authority to act for CITY in a specific capacity.

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

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

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

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

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

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

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

14. CONTRACTORS LICENSE LAW. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE For Council Approval
Not for Construction
5 [L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST

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

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

BOX 26000, SACRAMENTO, CALIFORNIA 95826.

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

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

BY: __________________________
its: __________________________
BY:______________________________

CARMEN AVALOS
City Clerk
For Council Approval
Not for Construction
6 [L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] APPROVED AS TO FORM:

BY: ______________________________

MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:

BY: ______________________________
Print Name: JILL GELLER
Title: Parks, Recreation & Libraries Department Director For Council Approval
Not for Construction
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

INSURANCE BROKER INFORMATION PACKET
Project: Duke Davis Park Water Feature Replacement Project (Re-Bid) NOTICE TO CONTRACTOR:

For your convenience, this package contains the Requirements for Insurance and Bonds for this project, including the necessary City forms. You are required to return these forms in addition to the executed Contract within fifteen (15) calendar days after the award of the Bid, unless otherwise directed by City in writing. (See the Instructions to Bidders.) Please insert the dollar amount of your accepted Bid into the blank on page INS-1 and present this entire package to your insurance broker if you are awarded the Bid.

For Council Approval
Not for Construction
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

TABLE OF CONTENTS
Page
Notice to Insurance Broker INS 1
Insurance Requirements INS 2
Public Works Faithful Performance Bond INS 10
Public Works Payment Bond INS 13
For Council Approval
Not for Construction
INS - 1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

NOTICE TO INSURANCE BROKER
Your client has been awarded a bid by the City Council of the City of Roseville to perform a public works project known as Duke Davis Park Water Feature Replacement Project (Re-Bid). The Contract Conditions for that project require your client (“the Contractor”) to return certain evidence of insurance and bonds to the City Attorney of the City within fifteen (15) days after the Bid award, unless otherwise directed by the City in writing, or else the Bid award may be terminated and awarded to another company.

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

Please refer to the Supplemental Conditions for modifications of the General Conditions, if any, and the requirements of this insurance packet.

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

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

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

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

Thank you.

For Council Approval
Not for Construction
INS - 2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

INSURANCE REQUIREMENTS
The following sections are quoted from the General Conditions:
5-1.23 INSURANCE COVERAGE.

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

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

C. Insurance Required.

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage for projects under One Million Dollars ($1,000,000) and For Council Approval
Not for Construction
INS - 3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.

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

Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, crossliability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of For Council Approval
Not for Construction
the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.

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

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

4. Professional Liability:

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

INS - 4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] For Council Approval
Not for Construction

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

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

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

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

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

6. Pollution Coverage:

Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damage arising out of the abatement, removal, storage, transportation, or other exposure to hazardous materials or
INS - 5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] For Council Approval
Not for Construction
INS - 6
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] pollutants, in limits not less than Two Million Dollars ($2,000,000). Contractor shall add the City and all parties required to be indemnified by Contractor as additional insured on all pollution liability policies. POLLUTION COVERAGE IS NOT REQUIRED ON THIS PROJECT

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

8. Claims Made Coverage: Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis.
5-1.24 OTHER INSURANCE PROVISIONS.

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

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

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

Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by City in writing. Policies containing any For Council Approval
Not for Construction
INS - 7
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.

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

D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.

E. The limits of insurance required in this Contract may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be For Council Approval
Not for Construction
INS - 8
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.

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

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

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

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

J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY

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

For

Council Approval
Not for Construction

PUBLIC WORKS

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

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

As condition precedent to the satisfactory completion of the contract, the obligation of the PRINCIPAL and SURETY under this Bond shall remain in effect for a period of one (1) year after the completion and acceptance of the WORK. During that time, if the PRINCIPAL, its heirs, executors, administrators, successors or assigns fails to make full, complete and satisfactory repair and replacement or totally protect the CITY from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the WORK, then the obligation shall remain in full force and effect. However, anything in [L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Bond No. __________
Premium $_________
For Council Approval
Not for Construction
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] this paragraph to the contrary notwithstanding, the obligation of the SURETY shall continue so long as any obligation of the PRINCIPAL remains.

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

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

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

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

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

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

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. [SIGNATURES NEXT PAGE]
For Council Approval
Not for Construction
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the ____ day of __________________, 20___.

PRINCIPAL: SURETY:

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

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

BY: ________
City Attorney
For Council Approval
Not for Construction

PUBLIC WORKS

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

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

This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file a Stop Payment Notice pursuant to the provisions of Section 9350 et seq. of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. [L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Bond No. __________
Premium $_________
For Council Approval
Not for Construction
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.

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

PRINCIPAL: SURETY:

BY: ________
City Attorney
For Council Approval
Not for Construction
GC
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

CITY OF ROSEVILLE

GENERAL CONDITIONS
FOR

BUILDINGS AND GROUNDS
For Council Approval
Not for Construction
GC – i
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

CITY OF ROSEVILLE

GENERAL CONDITIONS
FOR

BUILDINGS AND GROUNDS
SECTION 1: DEFINITIONS AND TERMS .................................................................... GC-1:1 1-1.01 GENERAL ...................................................................................................... GC-1:1 1-1.02 ACCEPTANCE .............................................................................................. GC-1:1 1-1.03 ADDENDUM .................................................................................................. GC-1:1 1-1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS ................................................................................................ GC-1:1 1-1.05 ASSESSMENT ............................................................................................... GC-1:1 1-1.06 BENEFICIAL OCCUPANCY ...................................................................... GC-1:2 1-1.07 BID GUARANTY ........................................................................................... GC-1:2 1-1.08 BIDDER .......................................................................................................... GC-1:2 1-1.09 BIDDING DOCUMENTS ............................................................................. GC-1:2 1-1.10 CHANGE ORDER ......................................................................................... GC-1:2 1-1.11 CITY ................................................................................................................ GC-1:2 1-1.12 CITY ATTORNEY ........................................................................................ GC-1:2 1-1.13 CITY CLERK ................................................................................................. GC-1:2 1-1.14 CLAIM ............................................................................................................ GC-1:2 1-1.15 CONSTRUCTION SCHEDULE .................................................................. GC-1:3 1-1.16 CONTRACT OR AGREEMENT ................................................................. GC-1:3 1-1.17 CONTRACT CONDITIONS ........................................................................ GC-1:3 1-1.18 CONTRACT DOCUMENTS ........................................................................ GC-1:3 1-1.19 CONTRACT DRAWINGS ............................................................................ GC-1:3 1-1.20 CONTRACT PRICE ...................................................................................... GC-1:4 1-1.21 CONTRACT TIME ....................................................................................... GC-1:4 1-1.22 CONTRACTOR ............................................................................................. GC-1:4 1-1.23 DAY OR DAYS ............................................................................................... GC-1:4 1-1.24 DEPARTMENT ............................................................................................. GC-1:4 1-1.25 DIRECT COSTS ............................................................................................ GC-1:4 1-1-26 DIRECTOR. ................................................................................................... GC-1:6 1-1.27 EMERGENCY. .............................................................................................. GC-1:6 1-1.28 ENGINEER OR ARCHITECT ..................................................................... GC-1:7 1-1.29 FINAL COMPLETION ................................................................................. GC-1:7 1-1.30 FORCE ACCOUNT ....................................................................................... GC-1:7 1-1.31 GENERAL NOTES ........................................................................................ GC-1:7 1-1.32 INSTALLATION,INSTALL ........................................................................ GC-1:7 1-1.33 LABORATORY ............................................................................................. GC-1:7 1-1.34 LEGAL HOLIDAYS ...................................................................................... GC-1:7 1-1.35 LIQUIDATED DAMAGES ........................................................................... GC-1:7 1-1.36 NOTICE OF COMPLETION ....................................................................... GC-1:8 1-1.37 NOTICE TO PROCEED ............................................................................... GC-1:8 1-1.38 NOTICE OF TERMINATION ..................................................................... GC-1:8 For Council Approval
Not for Construction
GC – ii
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] 1-1.39 OVERHEAD ................................................................................................... GC-1:8 1-1.40 PREMISES ..................................................................................................... GC-1:9 1-1.41 PROFESSIONAL ENGINEER .................................................................... GC-1:9 1-1.42 PROJECT MANUAL .................................................................................... GC-1:9 1-1.43 PROPOSAL FORMS ..................................................................................... GC-1:9 1-1.44 REQUEST FOR INFORMATION (RFI). ................................................... GC-1:9 1-1.45 SAFETY .......................................................................................................... GC-1:9 1-1.46 SCHEDULE OF VALUES. ........................................................................... GC-1:9 1-1.47 SHOP DRAWINGS ...................................................................................... GC-1:10 1-1.48 SPECIFICATIONS ...................................................................................... GC-1:10 1-1.49 SUBCONTRACTOR ................................................................................... GC-1:10 1-1.50 SUBMITTALS ............................................................................................. GC-1:10 1-1.51 SUPPLEMENTAL CONDITIONS ............................................................ GC-1:10 1-1.52 SUPPLIER .................................................................................................... GC-1:10 1-1.53 WORK ........................................................................................................... GC-1:11 1-1.54 WORK SITE ................................................................................................. GC-1:11 1-1.55 WORKING DRAWINGS ............................................................................ GC-1:11 SECTION 2: CONTROL AND SCOPE OF THE WORK ............................................. GC-2:1 2-1.01 AUTHORITY OF DIRECTOR .................................................................... GC-2:1 2-1.02 INTENT OF CONTRACT DOCUMENTS .................................................. GC-2:1 2-1.03 EXAMINATION AND VERIFICATION OF CONTRACT
DOCUMENTS ................................................................................................ GC-2:2 2-1.04 CONTRACT DRAWINGS ............................................................................ GC-2:3 2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS ................................................................................................ GC-2:3 2-1.06 INDEPENDENT CONTRACTOR STATUS ............................................... GC-2:5 2-1.07 ORDER OF WORK ....................................................................................... GC-2:5 2-1.08 SUBMITTALS ............................................................................................... GC-2:5 2-1.08A SHOP DRAWINGS.................................................................................. GC-2:6 2-1.08B DESCRIPTIVE DATA ............................................................................ GC-2:7 2-1.08C SAMPLES ................................................................................................ GC-2:7 2-1.08D MANUALS, INSTRUCTIONS AND AFFIDAVIT ................................ GC-2:7 2-1.08E ALTERNATIVES................................................................................... GC-2:10 2-1.09 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE ................... GC-2:12 2-1.10 ACCESS TO THE WORK .......................................................................... GC-2:12 2-1.11 TEMPORARY UTILITIES ........................................................................ GC-2:12 2-1.12 UTILITY FACILITIES ............................................................................... GC-2:13 2-1.13 PRESERVATION AND CLEANING ........................................................ GC-2:14 2-1.14 LIMITATIONS ON WORK SITE AND PREMISES ............................... GC-2:14 2-1.15 DUST CONTROL ........................................................................................ GC-2:15 2-1.16 SANITATION .............................................................................................. GC-2:15 2-1.17 NIGHT WORK AND NORMAL WORKING HOURS............................ GC-2:15 2-1.18 LINES AND GRADES ................................................................................. GC-2:16 2-1.19 ARCHEOLOGICAL DISCOVERIES ....................................................... GC-2:17 2-1.20 PRESERVATION OF MONUMENTS ...................................................... GC-2:17 2-1.21 CONFORMITY WITH CONTRACT DOCUMENTS ............................. GC-2:18 For Council Approval
Not for Construction
GC – iii
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] 2-1.22 FINAL CLEANUP ....................................................................................... GC-2:18 2-1.23 AS-BUILT DOCUMENTS AND DRAWINGS ......................................... GC-2:18 2-1.24 SUPERINTENDENCE ................................................................................ GC-2:19 2-1.25 CHARACTER OF WORKER .................................................................... GC-2:20 2-1.26 INSPECTION ............................................................................................... GC-2:20 2-1.27 REMOVAL OF REJECTED AND UNAUTHORIZED WORK ............. GC-2:21 SECTION 3: CHANGES IN THE WORK ...................................................................... GC-3:1 3-1.01 CHANGES ...................................................................................................... GC-3:1 3-1.02 PROPOSED CHANGE ORDERS ................................................................ GC-3:2 3-1.03 EMERGENCY AND INDETERMINATE TYPE CHANGE ORDERS ... GC-3:3 3-1.04 EXECUTED CHANGE ORDER .................................................................. GC-3:3 3-1.05 CONTRACT PRICE ADJUSTMENT ......................................................... GC-3:3 3-1.06 FORCE ACCOUNT PAYMENT .................................................................. GC-3:5 3-1.06A LABOR ..................................................................................................... GC-3:6 3-1.06B MATERIALS ............................................................................................ GC-3:6 3-1.06C EQUIPMENT........................................................................................... GC-3:7 3-1.06D MARKUPS ............................................................................................... GC-3:8 3-1.06E RECORDS ................................................................................................ GC-3:9 3-1.07 COST REDUCTION PROPOSALS ........................................................... GC-3:11 SECTION 4: CONTROL OF MATERIALS ................................................................... GC-4:1 4-1.01 MATERIALS ................................................................................................. GC-4:1 4-1.02 PRODUCT AND REFERENCE STANDARDS .......................................... GC-4:2 4-1.03 SAMPLING AND TESTING OF MATERIALS ......................................... GC-4:2 4-1.04 CERTIFICATES OF COMPLIANCE ......................................................... GC-4:7 SECTION 5: LEGAL RELATIONS AND RESPONSIBILITY .................................... GC-5:1 5-1.01 LAWS TO BE OBSERVED .......................................................................... GC-5:1 5-1.02 HOURS OF LABOR ...................................................................................... GC-5:1 5-1.03 NONDISCRIMINATION ............................................................................. GC-5:2 5-1.04 PREVAILING WAGE ................................................................................... GC-5:3 5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID .............. GC-5:6 5-1.06 PAYROLL RECORDS .................................................................................. GC-5:7 5-1.07 SAFETY REQUIREMENTS ...................................................................... GC-5:10 5-1.08 SUBSURFACE EXCAVATIONS, NOTIFICATION ............................... GC-5:15 5-1.09 PUBLIC SAFETY ........................................................................................ GC-5:15 5-1.10 EMERGENCIES .......................................................................................... GC-5:17 5-1.11 APPRENTICES ........................................................................................... GC-5:18 5-1.12 FAIR LABOR STANDARDS ACT ............................................................ GC-5:18 5-1.13 WORKERS' COMPENSATION ................................................................ GC-5:19 5-1.14 AIR POLLUTION CONTROL AND ASBESTOS .................................... GC-5:19 5-1.15 USE OF PESTICIDES ................................................................................. GC-5:20 5-1.16 SOUND AND LIGHT CONTROL REQUIREMENTS ............................ GC-5:20 5-1.17 WEIGHT LIMITATIONS .......................................................................... GC-5:21 5-1.18 ENVIRONMENTAL CLEARANCES; MITIGATION MONITORING
PROGRAMS; AND REGULATORY AGENCY PERMIT
For Council Approval
Not for Construction
GC – iv
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] REQUIREMENTS ....................................................................................... GC-5:21 5-1.19 PERMITS AND LICENSES ....................................................................... GC-5:21 5-1.20 WATER POLLUTION ................................................................................ GC-5:22 5-1.21 PROTECTION AND USE OF PROPERTY .............................................. GC-5:23 5-1.22 RESPONSIBILITY FOR DAMAGE AND INDEMNIFICATION ......... GC-5:24 5-1.23 INSURANCE COVERAGE ........................................................................ GC-5:26 5-1.24 OTHER INSURANCE PROVISIONS ....................................................... GC-5:31 5-1.25 THIRD PARTY BENEFICIARY ............................................................... GC-5:33 5-1.26 COORDINATION AND ACCESS ............................................................. GC-5:33 5-1.27 OCCUPANCY BY THE DEPARTMENT PRIOR TO ACCEPTANCE .. GC-5:34 5-1.28 RIGHT TO OPERATE UNSATISFACTORY FACILITIES AND
EQUIPMENT ............................................................................................... GC-5:35 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK .................... GC-5:36 5-1.30 RESPONSIBILITY FOR UTILITIES ....................................................... GC-5:37 5-1.31 PROPERTY RIGHTS IN MATERIALS ................................................... GC-5:39 5-1.32 COURT ORDERED DELAY ...................................................................... GC-5:39 5-1.33 NO PERSONAL LIABILITY ..................................................................... GC-5:39 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS ........................................... GC-5:40 5-1.35 ANTITRUST CLAIMS ................................................................................ GC-5:40 5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS ................. GC-5:40 5-1.37 PAYMENT OF TAXES ............................................................................... GC-5:41 5-1.38 GRATUITIES AND CONFLICT OF INTEREST .................................... GC-5:42 5-1.39 COOPERATION.......................................................................................... GC-5:43 5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS .......................... GC-5:43 5-1.41 CONTRACTOR REGISTRATION ........................................................... GC-5:44 5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
RIGHTS-OF-WAY ...................................................................................... GC-5:45 SECTION 6: PROSECUTION AND PROGRESS .......................................................... GC-6:1 6-1.01 SUBLETTING AND SUBCONTRACTING ............................................... GC-6:1 6-1.02 ASSIGNMENT ............................................................................................... GC-6:2 6-1.03 BEGINNING OF WORK .............................................................................. GC-6:2 6-1.04 PROGRESS SCHEDULE. ............................................................................ GC-6:3 6-1.05 SCHEDULE OF VALUES ............................................................................ GC-6:9 6-1.06 CITY’S RIGHT TO STOP WORK .............................................................. GC-6:9 6-1.07 TIME OF COMPLETION .......................................................................... GC-6:11 6-1.08 LIQUIDATED DAMAGES ......................................................................... GC-6:12 6-1.09 DELAYS AND EXTENSIONS TO THE WORK ...................................... GC-6:13 6-1.10 TERMINATION .......................................................................................... GC-6:18 6-1.10A TERMINATION OF AGREEMENT – CONVENIENCE OF CITY..GC-6:18 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE .......................... GC-6:21 SECTION 7: ACCEPTANCE AND PAYMENT ............................................................ GC-7:1 7-1.01 ACCEPTANCE .............................................................................................. GC-7:1 7-1.02 SCOPE OF PAYMENT ................................................................................. GC-7:2 7-1.03 NOTICE OF POTENTIAL CLAIM ............................................................ GC-7:2 7-1.04 CLAIMS ......................................................................................................... GC-7:5 For Council Approval
Not for Construction
GC – v
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] 7-1.05 DISPUTE RESOLUTION PROCEDURE ................................................... GC-7:6 7-1.06 STOP PAYMENT NOTICES ....................................................................... GC-7:7 7-1.07 PROGRESS PAYMENTS ............................................................................. GC-7:7 7-1.08 PAYMENT FOR MATERIALS AND EQUIPMENT ON HAND ............. GC-7:9 7-1.09 RETENTION ON PROGRESS PAYMENTS ........................................... GC-7:11 7-1.10 FINAL PAYMENT ..................................................................................... GC-7:12 7-1.11 CLERICAL ERRORS ................................................................................. GC-7:14 7-1.12 WARRANTY ................................................................................................ GC-7:14 7-1.13 WARRANTY OF TITLE ............................................................................ GC-7:16 For Council Approval
Not for Construction
GC – 1:1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 1

DEFINITIONS AND TERMS
1-1.01 GENERAL. When the following abbreviations and terms or pronouns in place of them appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1.
1-1.02 ACCEPTANCE. Formal Acceptance by resolution by the Roseville City Council of the Contract when completed in all respects in accordance with the Contract Documents and any modifications previously approved.
1-1.03 ADDENDUM. Written interpretation or revision to any of the Contract Documents issued by the City before the bid opening.
1-1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS. As-Built Documents, As-Built Drawings and Record Documents are all contract documents modified to reflect changes during the construction phase. Specifically, AsBuilt Documents/Drawings are a revised set of drawings submitted by the Contractor upon Final Completion of a project. They reflect changes made in the Specifications and Working Drawings during the construction process, and show the exact dimensions, geometry, and location of all elements of the work completed under the Contract. Record Documents, on the other hand, are compiled by the Engineer or Architect based on the As-Built Documents/Drawings submitted by the Contractor. They reflect the Engineer or Architect’s concurring review of what changes were denoted, why they were made and where they occurred and create a record set of drawings.
1-1.05 ASSESSMENT. A cost imposed on the Contractor for non-compliance For Council Approval
Not for Construction
GC – 1:2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] with certain contractual requirements.
1-1.06 BENEFICIAL OCCUPANCY. The taking possession of a portion of the Work by the City for its use and/or occupancy on other than a temporary or emergency basis. 1-1.07 BID GUARANTY. The cashier’s, certified check, irrevocable standby letter of credit, deposit of securities, or Bidder’s Bond, accompanying the bid submitted by the Bidder, as a guaranty that the Bidder will enter into an agreement with the City for the performance of the Work, if the Agreement is awarded to Bidder, and the Bidder will submit the required Contract Bonds and Certificate of Insurance. Also referred to as the Bidder’s Security. 1-1.08 BIDDER. Individual, firm, partnership, limited liability company, corporation, joint venture, or any combination thereof, submitting a Proposal for the Work, acting directly, or through a duly authorized representative. 1-1.09 BIDDING DOCUMENTS. Includes the Notice to Bidders, Bidding Requirements, Contract Conditions, Drawings, and Addenda. 1-1.10 CHANGE ORDER. Any written order to the Contractor directing an addition, deletion, or modification of the Work, or an adjustment in the Contract Price or Contract Time provided in the Contract Documents and issued after the Agreement has been signed.
1-1.11 CITY. The City of Roseville.
1-1.12 CITY ATTORNEY. The City Attorney of the City.
1-1.13 CITY CLERK. The City Clerk of the City.
1-1.14 CLAIM. A separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (a) a time extension, including, without limitation, for relief for damages or penalties for delay assessed by For Council Approval
Not for Construction
GC – 1:3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] the City; (b) payment by the City of money or damages arising from work done by, or on behalf of, Contractor pursuant to the Contract Documents and payment for which is not otherwise expressly provided or to which Contractor is not otherwise entitled; and (c) payment of an amount that is disputed by the City.
1-1.15 CONSTRUCTION SCHEDULE. A list or graphic display of construction activities required for completing the Work, in a format required by the Contract Documents. The duration, start and finish date, and sequence of significant activities, critical path, float and milestones must be indicated in the Construction Schedule. 1-1.16 CONTRACT OR AGREEMENT. The written agreement relating to the Work to be performed, the labor, materials, and equipment to be furnished, and the payment to be made therefor. The Agreement/Contract is part of and incorporates all of the Contract Documents.
1-1.17 CONTRACT CONDITIONS. Includes the General Conditions, Supplemental Conditions, and Specifications.
1-1.18 CONTRACT DOCUMENTS. Includes those documents that form the basis of the Contract, including but not limited to, Bidding Documents, the Bid or Proposal, Contract Bonds, the Contract, all required insurance certificates or endorsements, all bonds, all required certifications or statements, Change Orders, any Contract Amendment, any City Standard which is incorporated by reference and these City of Roseville General Conditions for Buildings and Grounds.
1-1.19 CONTRACT DRAWINGS. The official drawings including plans, elevations, sections, detail drawings, diagrams, plated, General Notes, information and schedules thereon, or exact reproductions thereof, showing the location, character, dimension, and details For Council Approval
Not for Construction
GC – 1:4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] of the Work. The Contract Drawings include any drawings or plates bound within the Supplemental Conditions.
1-1.20 CONTRACT PRICE. The total compensation to be paid to the Contractor in accordance with the terms of the Agreement. 1-1.21 CONTRACT TIME. The number of Days, or portion thereof, allowed for completion of the Work, including all authorized time extensions. The effective date for commencement of the Work specified in the Notice to Proceed shall define the beginning of the Contract Time.
1-1.22 CONTRACTOR. Individual, firm, partnership, limited liability company, corporation, joint venture, or any combination thereof, who has entered into the Agreement with City.
1-1.23 DAY OR DAYS. Unless otherwise designated, Day or Days as used in the Contract Documents will be understood to mean calendar Day or Days. 1-1.24 DEPARTMENT. The Department for Contract Administration, as identified in the Supplemental Conditions.
1-1.25 DIRECT COSTS. Those cost items (including labor, materials, equipment and any subcontractor’s work) that are used in the actual performance of, and are specifically and uniquely attributable to the Work or changed Work. Direct Costs do not include Overhead. Direct Costs only include the following:

A. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include salaries and For Council Approval
Not for Construction
GC – 1:5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing work after regular working hours, on Saturday, Sunday or legal holidays shall be included in the above only to the extent authorized by City in writing.

B. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and suppliers' field services required in connection therewith. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to City, and Contractor shall make provisions so that they may be obtained.

C. Payments made by Contractor to the subcontractors for work performed by subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine which bids will be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of cost of the work plus a fee, the subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.

D. Costs of special consultants (including engineers, architects, testing laboratories, surveyors, and accountants) employed for services specifically, and only, related to the Work.

E. Supplemental costs including the following:

1. The proportion of necessary transportation, travel and subsistence For Council Approval
Not for Construction
GC – 1:6
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] expenses of Contractor's employees incurred in discharge of duties connected with the Work.

2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value of such items used but not consumed which remain the property of Contractor.

3. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.

4. Sales, consumer, use or similar taxes related to the Work, and for which Contractor is liable, imposed by laws and regulations.

5. The cost of utilities (including the meter and all associated installation costs), fuel and sanitary facilities at the site.

6. Cost of premiums for additional bonds and insurance required because of changes in the Work.
1-1-26 DIRECTOR. Director of the Department for Contract Administration or his or her designee.
1-1.27 EMERGENCY. Any sudden generally unforeseen occurrence (such as a fire, flood, storm, earthquake, civil disorder, or other natural and/or man-made disaster) that has the potential to adversely affect the safety of life, the Work, and/or adjacent property; to interrupt contracts essential to the performance of the Work; and/or to cause catastrophic failure of City For Council Approval
Not for Construction
GC – 1:7
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] equipment and/or facilities.
1-1.28 ENGINEER OR ARCHITECT. Professional Engineer or Architect designated for a particular project responsible for signing and sealing the permit drawings, interpretation of the drawings where ambiguities exist, review of requests for information, design Change requests and Shop Drawings, resolution of errors and omissions, and finalization of Record Documents.
1-1.29 FINAL COMPLETION. When the project has been completed according to the terms and conditions set forth in the Contract Documents. Final Completion is not the same as Acceptance.
1-1.30 FORCE ACCOUNT. Payment by force account shall mean payment on the basis of the Contractor’s time and materials.
1-1.31 GENERAL NOTES. The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings and so identified thereon, which pertain to the performance of the Work.
1-1.32 INSTALLATION, INSTALL. Completely assembling, erecting, and/or connecting materials, parts, components, supplies, and related equipment specified or required for the completion of the Work.
1-1.33 LABORATORY. Established professional laboratories authorized by the City to test materials and Work involved in the Contract. 1-1.34 LEGAL HOLIDAYS. Those days designated as Federal holidays or declared by the City, or otherwise specified in the Contract Documents. 1-1.35 LIQUIDATED DAMAGES. The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the For Council Approval
Not for Construction
GC – 1:8
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Supplemental Conditions. 1-1.36 NOTICE OF COMPLETION. A legal notice filed by the City with the Placer County Recorder’s Office stating that construction has been completed and accepted by the City.
1-1.37 NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run. 1-1.38 NOTICE OF TERMINATION. Written notice from the City to the Contractor and/or its Surety terminating the Agreement, or a portion thereof, either for convenience of the City or for default due to the Contractor’s failure to perform its contractual obligations.
1-1.39 OVERHEAD. Business or administrative expenses (including but not limited to office expenses, administrative staff, rent, insurance, utilities) not chargeable to a particular part of the Work. The term “Overhead” shall include all of the following:

A. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the Work Site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications, all of which are to be considered administrative costs covered by the Contractor's fee.

B. Expenses of Contractor's principal and branch offices other than Contractor's office at the site.

For Council Approval
Not for Construction
GC – 1:9
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] C. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments.

D. Cost of premiums for all bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except as provided in section 1-1.25.

E. Other overhead or general expense costs of any kind. 1-1.40 PREMISES. Shall mean the area within construction easements, easements, rights of entry and City owned property which surrounds the Work Site, limited by the property lines thereof. In some cases Premises may coincide with the Work Site. 1-1.41 PROFESSIONAL ENGINEER. An engineer licensed by the Board of Registration for Professional Engineers, State of California. 1-1.42 PROJECT MANUAL. A book containing all Contract Documents. 1-1.43 PROPOSAL FORMS. The approved forms upon which the City requires that each Bidder submit its bid with regard to the Agreement. 1-1.44 REQUEST FOR INFORMATION (RFI). A document issued by the Contractor requesting information concerning the Contract Documents. 1-1.45 SAFETY. Includes the practice of identifying potential hazards, assessing their risk, taking corrective action where possible, including and providing control measures such as engineering design, written procedures, and the personal protective equipment for workers in order to eliminate or reduce the risk for exposure in the workplace. 1-1.46 SCHEDULE OF VALUES. The breakdown of the Contract Price that will serve as the basis for Contractor’s Applications of Payment. Any lump sum bid item For Council Approval
Not for Construction
GC – 1:10
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] included within the Contract Price will be apportioned among values relating to specific components of the Work covered by said lump sum.
1-1.47 SHOP DRAWINGS. Drawings, plans, diagrams, schedules, and other data specifically prepared and submitted to the City by the Contractor, showing in detail: (a) the proposed fabrication and assembly of a special component of the Work; and (b) the Installation (form, fit and attachment details) of a special component of the Work. Shop Drawings shall be deemed to include Working Drawings, Product Data, literature, and applicable performance and test data.
1-1.48 SPECIFICATIONS. The technical Specifications for the Work prepared by the Director or an Engineer or Architect describing in detail the nature of the Work, its components, any performance standards, and how the Work is to be constructed. 1-1.49 SUBCONTRACTOR. Any individual, firm, partnership, limited liability company, corporation, joint venture, or combination thereof, other than employees of the Contractor, engaged by the Contractor to furnish services, labor, equipment and materials for a portion of the Work.
1-1.50 SUBMITTALS. Those documents required to be submitted by the Contractor for review by the City in accordance with the Contract Documents. 1-1.51 SUPPLEMENTAL CONDITIONS. The Supplemental Conditions are specific clauses modifying or supplementing these General Conditions. 1-1.52 SUPPLIER. Any individual, firm, partnership, limited liability company, corporation, joint venture, or combination thereof, other than employees of the Contractor, that supplies a tangible product as a portion of the Work, with services usually limited to delivery and/or required testing, and with manufacturing, fabrication, or production facilities located off For Council Approval
Not for Construction
GC – 1:11
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] the Work Site.
1-1.53 WORK. The furnishing of all labor, and the furnishing and Installing of all materials, articles, supplies and equipment as specified, designated, or required by the Contract Documents.
1-1.54 WORK SITE. All or portion of the Premises that the Work is limited to as shown on the Contract Drawings or designated by the Director. Public streets are not included unless Work is being done within the street right-of-way. 1-1.55 WORKING DRAWINGS. Original drawings prepared by the Contractor and/or its Subcontractors or Suppliers, of any tier, illustrating Work required for construction that will not become an integral part of the completed Work. This includes, but is not limited to, drawings for temporary structures such as decking, bulkheads, excavation supports, utility support, groundwater control, forming, falsework, access roads, staging areas, staging plans, and diversion plans. A Working Drawing is one type of a Shop Drawing.

For Council Approval
Not for Construction
GC – 2:1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 2

CONTROL AND SCOPE OF THE WORK
2-1.01 AUTHORITY OF DIRECTOR. The Contract shall be performed in a manner satisfactory to the Director who shall decide all questions which may arise as to the quality or acceptability of materials furnished and Work performed and as to the manner of performance and rate of progress of the Work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. The Director shall have authority to enforce and make effective such decisions and orders in the event the Contractor fails to promptly carry out the same.
2-1.02 INTENT OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe the details for the construction and completion of the Work. Where the Contract Documents describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice shall be followed and that only materials and workmanship of the best quality are to be used. Any Work, materials, or equipment that are customarily provided, or that are reasonably inferable from the Contract Documents as being required to produce the intended result, shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with that meaning. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the Work involved in executing the Contract in a For Council Approval
Not for Construction
GC – 2:2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] satisfactory and workmanlike manner.

Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, laws, or regulations in effect on the first published date of the Notice to Contractors, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or City’s designated representative, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to other provisions of the Contract Documents.

The Contract Documents are divided into parts, divisions, sections and articles for convenience, organization and reference. Generally, there has been no attempt to divide the Specifications sections into work performed by the various building trades, work by separate Subcontractors, or work required for separate facilities in the project. 2-1.03 EXAMINATION AND VERIFICATION OF CONTRACT
DOCUMENTS. The Contractor shall thoroughly examine and become familiar with all of the various parts of the Contract Documents and shall determine the nature and location of the Work, the general and local conditions (including applicable laws) and all other matters which can in any way affect the cost, progress or performance of the Work under this Agreement. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of the Agreement. No oral agreement or conversation with any officer, or employee For Council Approval
Not for Construction
GC – 2:3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] of the City, or with the City’s designated representative either before or after the execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Contract Documents.
2-1.04 CONTRACT DRAWINGS. The Contract Drawings consist of general drawings and show such plans, elevations, sections, details and schedules as are necessary to give a graphic and pictorial description of the contemplated construction. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.
2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS. All Contract Documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete Work.

In the event of inconsistencies between requirements contained in different components of the Contract Documents, the precedence of the Contract Documents shall be as follows to resolve conflicts:

1. Change Orders

2. The Contract (including Addenda)

3. The Supplemental Conditions

4. Specifications

5. Contract Drawings

6. The General Conditions
Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall submit a For Council Approval
Not for Construction
GC – 2:4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Request for Information (“RFI”) to the Director for such further explanations as may be necessary and shall conform to the written explanation given as if part of the Contract Documents. The decisions of the Director shall be final.

Contractor shall anticipate that it will be necessary to prepare and submit RFIs regarding the Contract Documents. The City will respond to each RFI by no later than fourteen (14) Days after receipt of the RFI, unless the RFI is of significant complexity. Furthermore, in the event that there are numerous RFIs pending, Contractor shall cooperate with the City in establishing a priority for responding to the RFIs, and potentially some RFIs may be responded to beyond the fourteen (14) Day period.

Each RFI prepared by Contractor shall be full and complete. Contractor shall prepare RFIs so as to not cause any delay to the progress of the Work and to not cause any impact to Contractor’s labor productivity in the field. Contractor shall not assert any Claims for delay or interference against the City if Contractor fails to timely submit any RFI to the City, after consideration of the response period allowed for by the City.

The response to an RFI shall not, by itself, constitute a writing that authorizes Contractor to perform any Work that causes an adjustment to either the Contract Price or the Contract Time.

If Contractor believes that any response to any RFI should constitute a compensable change, Contractor shall provide a Notice of Potential Claim as provided in Section 7-1.03, below.

Contractor’s failure to provide the required written notice shall constitute a waiver of the Contractor’s right to seek a compensable change based on the RFI response.

The Contractor shall examine all Contract Documents; shall verify all figures in the Contract Documents before laying out the Work; shall promptly notify the City of all errors, inconsistencies, and/or omissions that it discovers; and, in instances where such nonFor Council Approval Not for Construction
GC – 2:5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] conformities are discovered, shall obtain specific instructions in writing from the City before proceeding with the Work. Contractor’s performance of any Work affected by such nonconformities prior to the City’s decision shall be at the Contractor's risk. Any Work that is customarily provided or that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents.
2-1.06 INDEPENDENT CONTRACTOR STATUS. The Contractor shall independently perform all Work required by the Contract Documents and shall not be considered as an agent or employee of the City, nor shall the Contractor’s Subcontractors or employees be considered as subagents of the City.

The Contractor and Contractor’s Subcontractors shall be licensed in accordance with the laws of the State of California and as more particularly described in the bidding documents or elsewhere in the Contract Documents.
2-1.07 ORDER OF WORK. When required by the Contract Documents, the Contractor shall follow the sequence of operations set forth therein. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various Contract items of work, and no additional compensation will be allowed therefor. 2-1.08 SUBMITTALS. It shall be the Contractor's responsibility to timely submit, so as to cause no delay in the Work, all Shop Drawings, descriptive data, manuals, instructions, affidavits, samples for the various trades as required by the Supplemental Conditions and Specifications, and offers of alternatives, if any. Such Submittals shall be checked and coordinated by the Contractor with the Work of other trades involved before they are submitted to the Director for examination.

For Council Approval
Not for Construction
GC – 2:6
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] The Contractor shall deliver at least one (1) electronic copy of the Submittals to the Director, and one (1) hard copy if requested. Work requiring the submittal of working drawings, descriptive data or samples shall not begin prior to approval of said Submittal by the Director.

The time allowed for review of each Submittal will be as indicated in the Supplemental Conditions. Review time will start upon receipt of the Submittal by the Director and will end upon the Director's mailing of the Submittals to the Contractor. Defective, incomplete or partial Submittals will be returned to the Contractor unreviewed.

Submittals shall be made by a letter of transmittal that shall contain a list of all matter submitted and identification of all variations from the Contract Documents contained in the Submittal. The letter and all items accompanying the same shall be fully identified as to project name and location, Contractor's name, district, county, and Contract number, with ample crossreferences to the Contract Documents, to facilitate identification of items and their location in the Work.

All Shop Drawings and supporting data, catalogs, schedules, shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness.

These Submittals may be prepared by the Contractor, Subcontractors, or Suppliers, but the Contractor shall ascertain that Submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of Installation. The Contractor shall check all Submittals before submitting them to the Director. 2-1.08A SHOP DRAWINGS. The Contractor shall submit an electronic copy (searchable PDF) of all Shop Drawings required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. Shop Drawings shall also be provided separately in AutoCAD format using the latest version of AutoCAD. An electronic For Council Approval
Not for Construction
GC – 2:7
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] copy will be returned to the Contractor either approved for use, as demonstrated by a stamp, or returned for correction and resubmittal. Materials, colors and/or samples will not be returned to the Contractor. Shop Drawings include any drawing, which requires execution by a draftsman as distinguished from printed matter. The size of Shop Drawings shall not exceed twenty-four inches (24”) by thirty-six inches (36”).
2-1.08B DESCRIPTIVE DATA. The Contractor shall submit an electronic copy (searchable PDF) of each set of manufacturer's brochures or other data required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. The City will examine such Submittals and return either an electronic copy or a hard copy approved for use or returned for correction and resubmittal. 2-1.08C SAMPLES. The Contractor shall submit samples of articles, materials or equipment as required by the Supplemental Conditions or Specifications. The Work shall be in accordance with the approved samples. Samples shall be removed from City property when directed or may be incorporated in the Work if approved by the Director. Samples not removed by the Contractor will become the property of the City or, at the City's option, will be removed or disposed of by the City at the Contractor's expense. 2-1.08D MANUALS, INSTRUCTIONS AND AFFIDAVIT.

A. Manuals and Instructions. Where operation and maintenance manuals are required by the Supplemental Conditions, the Contractor shall submit two (2) sets of manuals, suitably bound, along with two (2) electronic copies in an approved format, to the Director within forty-five (45) Days after favorable review of the equipment or facilities. If operation and maintenance manuals are approved to be provided in PDF format, text shall be provided in searchable PDF format, making proper use of PDF for headings and heading levels, For Council Approval
Not for Construction
GC – 2:8
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] paragraphs, tables, and lists. Submitted operation and maintenance manuals shall be a collected, organized, and indexed set of bookmarked PDF documents comprising each operation and maintenance manual that corresponds to a hardcopy binder. All manuals shall be marked to indicate the specific equipment furnished for this project and shall include at a minimum:

1. Equipment summary form

2. Cover/Title page

3. Table of contents

4. Operating procedures including start-up, shutdown, normal operation, all operating modes, emergency shutdown, and safety precautions

5. Lubrication instructions (if required)

6. Preventative maintenance procedures

7. Troubleshooting and corrective maintenance procedures

8. Reinstallation instructions

9. Overhaul instructions (if applicable)

10. Parts identification list with exploded view and associated cross references

11. Recommended spare parts list

12. Operator safety requirements

13. Electrical and control system wiring drawings, including panel wiring control (ladder) diagrams, logic diagrams, loop diagrams, and interconnection diagrams

14. Panel layout and assembly drawings
For Council Approval
Not for Construction
GC – 2:9
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

15. Mechanical drawings

16. Printouts of all software programs and configuration files

17. Factory and field test procedures and results
Operation and maintenance manuals for complex equipment shall also include:

18. Alternate specified operating modes

19. Emergency shutdown instructions

20. Normal shutdown instructions

21. Long term shutdown instructions
Operation and maintenance manuals for systems comprised of separate pieces of equipment shall include a system explanation of items 4, 7, 18, 19, 20, and 21 as well as the instructions for the separate pieces of equipment.

B. Affidavits. Where required in the Supplemental Conditions or Specifications, manufacturers of equipment shall provide field service as a part of this project.

Equipment shall not be considered ready for full time operation until after the authorized factorytrained and qualified manufacturer's representative for the specific equipment has checked and adjusted the equipment and certified by written affidavit that the equipment has been properly Installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation.

Acceptable affidavits shall be submitted prior to completion of the Work. Affidavits shall contain the following specific wording:
“The (Name of Equipment) has been properly installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation. The installation has been inspected and has been found to be in conformance with our (the manufacturer's) standards and requirements.”
For Council Approval
Not for Construction
GC – 2:10
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] No amplification, dilution, or modification of this specific wording will be permitted. 2-1.08E ALTERNATIVES. For convenience in designation in the Contract Documents, certain materials, articles, or equipment may be designated by a brand or a trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as “designated by brand name.” Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, an alternative material, article, or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Contractor complies with the following requirements:

A. The Contractor shall submit its proposal for an alternative in writing. Such request shall be made in ample time to permit review and approval without delaying the Work. The Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price based on any Contractor-proposed substitution.

B. No such proposal will be considered unless accompanied by complete information and descriptive data, necessary to determine the equality of the offered materials. The Contractor shall satisfy the Director as to the comparative quality, suitability, or performance of the offered material, articles, or equipment. In the event that the Director rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished.

C. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and it shall furnish all information necessary as required by the Director. The Director shall be the sole judge as to the quality and suitability of alternative articles or materials and such decisions shall be final. Where use of an alternative material For Council Approval
Not for Construction
GC – 2:11
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] involves redesign of, or changes to, other parts of the Work, the cost and time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material. Cost of redesign by the City will be borne by the Contractor.

D. Whenever classification, rating or other certification by a body such as Underwriters Laboratories (UL) or the National Electrical Manufacturers Association (NEMA) is a part of the specification for any material, Contractor’s request for use of alternative articles or materials shall be accompanied by reports from the listed or equivalent independent testing Laboratory indicating compliance with the Contract Documents. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any requirement of the Contract Documents.

E. At its election, the City reserves the right to consider any Contractor proposed substitution as a Cost Reduction Proposal under Section 3-1.07 of these General Conditions in the event that there is a significant savings resulting from the substitution.

The Director will examine, with reasonable promptness, such Submittals, and return of Submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the Contract Documents, nor shall it relieve the Contractor from responsibility for errors in the Submittals. A failure by the Contractor to identify in its letter of transmittal material deviations from the Contract Documents shall void the Submittal and any action taken thereon by the Director. When specifically requested by the Director, the Contractor shall resubmit such Shop Drawings, descriptive data and samples as may be required.

If any mechanical, electrical, structural, or other changes are required for the proper Installation and fit of alternative materials, articles, or equipment, or because of deviations from For Council Approval
Not for Construction
GC – 2:12
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] the Contract, such changes shall not be made without the approval of the Director and shall be made without additional cost to the City.
2-1.09 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE. Unless otherwise stated elsewhere in the Contract Documents, the Contractor shall, at its own cost and expense, make its own arrangements for disposing of materials outside the Work Site.

Except when material is to be disposed of at a landfill or recycling center, when any material is to be disposed of outside the Work Site, the Contractor shall first obtain written permission from the City to dispose of the material at the intended location. The City’s approval will be contingent upon the Contractor obtaining a written permit from the property owner on whose property the disposal is to be made. Prior to the disposal of any material at the intended location, the Contractor shall submit such permit or a certified copy thereof to the City, together with a written release from the property owner absolving the City from any and all responsibility related to the disposal of material on said property.

Disposal of Hazardous Materials must be done in accordance with all laws and regulations. Copies of all required regulatory documentation including copies of final manifests shall be supplied to the City.
2-1.10 ACCESS TO THE WORK. The Contractor shall satisfy itself that the jurisdictions through which its operations and haul routes pass will permit such operations with respect to the type of vehicle, laden weights, frequency and dimensions of loads, hours of operation and required traffic control. All necessary permits, licenses or bonds shall be obtained and paid for by the Contractor.
2-1.11 TEMPORARY UTILITIES. The Contractor shall make its own arrangements with utility companies for any temporary services it may require in performance of For Council Approval
Not for Construction
GC – 2:13
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] the Work and shall pay all costs of these services directly to these utility organizations. 2-1.12 UTILITY FACILITIES. The Contractor shall protect from damage those utility facilities that are to remain in place, be Installed, relocated or otherwise arranged.

The Contractor’s attention is directed to the possible existence of facilities not shown, and of facilities in a location different from that, which is indicated. The Contractor shall take steps to ascertain the exact location of all facilities prior to doing any Work, which may damage such facilities or interfere with their service. Where the location of a facility is indicated or inferred from the presence of visible facilities such as buildings, meters, and junction boxes, the Contractor shall make such excavations and explorations as are necessary to ascertain the correct location. Unless provided for elsewhere in the Contract Documents, the cost of such excavations and explorations will be considered as a part of the cost of other items of Work and no additional payment will be made. Such excavations and exploratory Work shall not entitle the Contractor to an extension of time.

If the Contractor discovers underground facilities not indicated or inferred from the Contract Documents, the Contractor shall immediately give the Director written notification of the existence of those facilities. The Contractor shall determine the exact location of the underground facilities and the cost of the work will be paid for in accordance with the Contract Documents. The underground facilities shall be protected from damage as directed by the Director and the cost of that work will be paid for as extra work. The Contractor shall, if directed by the Director, repair any damage, which may occur to the underground facilities. The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care, will be paid for as extra work. Damage due to the Contractor’s failure to exercise reasonable care shall be repaired at the Contractor’s cost and expense.

For Council Approval
Not for Construction
GC – 2:14
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Where it is determined by the City that the rearrangement of an underground facility, the existence of which is not shown on the Contract Drawings, is essential in order to accommodate the Work, the City will provide for the rearrangement of such facility by other forces or, when so ordered by Change Order, such rearrangement shall be performed by the Contractor and will be paid for as provided under a Change Order.

The Contractor shall be responsible for the maintenance of all utility facilities placed by the Contractor in temporary locations, and all utilities within the construction area not required to be relocated but which are required to be shored or supported during the construction period.

The cost of such maintenance shall be borne by the Contractor, and no other compensation shall be due the Contractor for this Work.

The cost of providing and maintaining all necessary or required temporary structures, of making any necessary repairs, replacements, or similar operations, or furnishing indemnity or other bonds, if required, and all costs required by this Section shall be paid by the Contractor and shall be included in the prices bid in the schedule for other items of work. 2-1.13 PRESERVATION AND CLEANING. The Contractor shall clean up the Work at frequent intervals and at other times when directed by the Director. While finish Work is being accomplished, floors, Work areas and finished areas shall be kept clean, free of dust, construction debris and trash. Upon completion of the Work, the Contractor shall remove from the Premises its construction equipment and any waste materials not previously disposed of, leaving the Premises thoroughly clean and ready for final inspection. 2-1.14 LIMITATIONS ON WORK SITE AND PREMISES. The Contractor shall limit its construction operations to the Work Site unless otherwise shown on the Contract Drawings or specified. The Contractor shall perform no operation of any nature over or on the For Council Approval
Not for Construction
GC – 2:15
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Premises except such operations as are authorized by the Contract Documents or as authorized by the Director.
2-1.15 DUST CONTROL. During the performance of all Work under this Contract, the Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required to carry out proper and efficient measures wherever and whenever dust control is necessary to prevent the operations from producing dust damage and nuisance to persons and property. Any claims resulting from dust damage or nuisance shall be borne solely by the Contractor. The Contractor shall comply with all applicable Air Quality Act requirements.
2-1.16 SANITATION. The Contractor shall provide sanitary facilities for all persons working on the Work.
2-1.17 NIGHT WORK AND NORMAL WORKING HOURS. Normal
working hours at the construction site shall be between the hours of 7:00 a.m. and 7:00 p.m.

Monday through Friday. Legal holidays are excluded. Certain utility connections and street operations are anticipated to require night Work by the Contractor during low usage periods.

The Contractor may also be required to prosecute the Work at night if, at any time, the Director shall deem it necessary for the progress of the Work, or if emergencies arise. The Contractor shall promptly comply with any such requirements made in writing by the Director. The Contractor will also be permitted to Work at night if Contractor satisfies the Director of the need therefor, in order to maintain the required progress or protect the Work from the elements.

Certain activities are required to be performed at night for nominal progress of the Work and/or are specified to be performed at night by other portions of the Supplemental Conditions. When required, ordered, or permitted to Work at night, the Contractor shall provide sufficient and For Council Approval
Not for Construction
GC – 2:16
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] satisfactory lighting and other facilities therefor. The Contractor shall receive no extra payment for night Work, if specified or if required to be performed during the normal progress of the Work, but compensation shall be considered as having been included in the price stipulated for the Work.

If Contractor performs work during weekends, holidays or any non-normal work hours, Contractor shall pay for required City Inspectors.
2-1.18 LINES AND GRADES. Unless otherwise provided in the Supplemental Conditions, the Contractor shall lay out all Work, including structures and pipelines, and shall be responsible for any errors resulting therefrom. In all questions arising as to proper location of lines and grades, the Director's decision will be final.

As part of the bid price for the construction of the improvements, the Contractor shall provide and be responsible for the layout of all Work on this project. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Contract Drawings and as required for the proper operation and function. The Contractor shall stake its Work area limits. Contractor shall perform all construction staking using a land surveyor licensed in the State of California. Contractor shall provide a staking plan prior to commencement of Work for the City’s review and maintain monuments, stakes, and marks, and shall update the plan as necessary. Director, or Director’s designated representative, may verify the field condition. Errors or inconsistencies in the Contract Documents discovered by the Contractor shall be reported to the Director within twenty-four (24) hours and prior to constructive forms or related improvements. Any work Installed with this requirement shall be subject to removal and replacement at the Contractor’s expense.

For Council Approval
Not for Construction
GC – 2:17
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] The Contractor's lay-out shall be based on existing structures, property lines, survey control, and bench marks established by the City. All structures and pipeline connections shall be Installed based on actual elevation of existing structures to which connections are made.

The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Director in checking location and grades of the Work as set by the Contractor if the Director desires to perform this checking. This shall include moving materials and equipment located between monuments and the construction Work.
2-1.19 ARCHEOLOGICAL DISCOVERIES. Upon discovery of prehistoric or historic artifacts, or other indicators or examples of cultural resources discovered during the course of site preparation, grading, excavation, construction or other development activities, all operations within fifty feet (50’) of the find shall cease until such time as the City provides the services of a qualified archeologist to evaluate the finds and recommend appropriate action.

Prehistoric materials can include flaked stone tools (e.g., projectile points, knives and choppers) or tool making debris of obsidian, chert, quartzite and other materials, culturally darkened soil (i.e., midden, which often contains heat affected rock, ash and charcoal, shellfish remains, and cultural materials), and stone milling equipment such as mortars, pestles and hand stones. Historic material may include wood, stone, concrete or adobe footings, walls and other structural remains; debris filled wells or privies; and deposits of wood, metal, glass, ceramics and other refuse.
2-1.20 PRESERVATION OF MONUMENTS. Any monuments or bench marks disturbed by construction operations shall be repaired per the City’s standard and promptly re-established by a registered land surveyor or civil engineer. A plat for each monument shall be furnished to the Director after the plat has been recorded with the Placer For Council Approval
Not for Construction
GC – 2:18
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] County Recorder's Office at no additional cost to the City. The recorded plat shall serve as a record of the re-establishment of said existing survey points. 2-1.21 CONFORMITY WITH CONTRACT DOCUMENTS. Work and
materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, required by the Contract Documents. Although measurement, sampling and testing may be considered evidence as to such conformity, the City shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. At its option, the City may elect to accept deviations from the Contract Documents with appropriate backcharge Assessments against the Contractor, and, if such an election is made, the City will provide written notice to the Contractor of such acceptance. 2-1.22 FINAL CLEANUP. Prior to final Acceptance of the Work, the Contractor shall thoroughly clean the Premises, remove all temporary structures built by or for the Contractor, and remove all equipment and surplus construction material and debris from the area. The entire project, before Acceptance by the City, shall be left in a neat and clean condition. All Work areas and temporary construction areas shall be returned to essentially the same conditions existing before the commencing of project construction. 2-1.23 AS-BUILT DOCUMENTS AND DRAWINGS. The Contractor shall maintain one set of the full size prints furnished by the City and mark thereon in color any deviations from plan dimensions, elevations, or orientations. Also, the Contractor shall locate on said prints, all underground facilities, such as piping, conduits and tanks by accurate field measurement from structure walls, corners, etc. The Contractor shall submit the prints and an electronic CD (searchable PDF or source file format such as AutoCAD) in good condition to the Director upon completion of the job as a condition of Acceptance of the project. Marked prints For Council Approval
Not for Construction
GC – 2:19
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] shall be updated at least once each week and shall be available to the Director for review as to currency prior to developing partial payment estimates. After the completion of testing, but prior to Acceptance, the Contractor shall submit As-Built electrical drawings in color and an electronic CD showing all components and their wiring, and as specified in the Supplemental Conditions. 2-1.24 SUPERINTENDENCE. The Contractor shall supervise and direct the Work, which shall be performed in accordance with the requirements of the Contract Documents. The Contractor shall be solely responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Agreement. The Contractor shall be solely responsible for the safety of its employees, Subcontractors of any tier, Suppliers, visitors to the Contractor, and other third parties associated with the Contractor.

The Contractor shall designate in writing before starting Work, an authorized representative who shall have the authority to represent and act for the Contractor.

When the Contractor is comprised of two (2) or more persons, firms, partnerships, or corporations functioning on a joint venture basis, said Contractor shall designate in writing before starting Work, the name of one authorized representative who shall have the authority to represent and act for the Contractor. Instances of misconduct, contract non-compliance, unsatisfactory performance, or incompetence by these personnel shall be grounds for the City to direct Contractor to dismiss them from the Project. Contractor shall immediately comply with the City’s request for dismissal, at no cost to the City, and shall designate a replacement, which shall be subject to approval by the City.

Said authorized representative shall be present at the site of the Work at all times while Work is actually in progress on the Contract. When Work is not in progress and during periods For Council Approval
Not for Construction
GC – 2:20
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] when Work is suspended, arrangements acceptable to the Director shall be made for any Emergency Work that may be required.

Whenever the Contractor or its authorized representative is not present on any particular part of the Work where it may be desired to give direction, orders will be given by the Director, which shall be received and obeyed by the superintendent or foremen who may have charge of the particular Work in reference to which the orders are given.

Any order given by the Director, not otherwise required by the Supplemental Conditions to be in writing, will on request of the Contractor, be given or confirmed by the Director in writing.
2-1.25 CHARACTER OF WORKER. If any Subcontractor or person employed by the Contractor shall appear to the Director to be incompetent or to act in a disorderly or improper manner, he or she shall be removed immediately on the requisition of the Director, and such person shall not again be employed on the Work. 2-1.26 INSPECTION. The Contractor shall at all times permit the Director to inspect the Work or any part thereof. The Contractor shall maintain proper facilities and provide safe access for such inspection by the Director to all parts of the Work, and to the shops where the Work is in preparation. Work shall not be covered up until authorized by the Director and the Contractor shall be solely responsible for notifying the Director where and when such Work is in readiness for inspection and testing. Should any such Work be covered without authorization, it shall, if so ordered, be uncovered at the Contractor's expense.

Unless otherwise designated as normal working hours, whenever the Contractor intends to perform Work on Saturday, Sunday, or a Legal Holiday, the Contractor shall give notice to the Director of such intention forty-eight (48) hours prior to performing such Work, or such longer For Council Approval
Not for Construction
GC – 2:21
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] period as may be specified so that the Director may make necessary arrangements.

The observation and/or approval of the workmanship or materials by the City shall not relieve the Contractor of any obligations to fulfill the requirements of the Contract Documents.

Workmanship and materials not meeting such requirements shall be corrected and unsuitable Work or material may be rejected, notwithstanding that such Work or materials have been previously observed and/or approved by the City, or payment therefor has been included in a progress estimate.

The City may order re-examination of questioned Work at any time before final Acceptance. If so ordered, the Contractor shall uncover the Work. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removing, recovering and replacing the parts removed; but if such Work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor’s expense. Work that has been covered prior to observation by the City does not qualify as re-examined work; the City may order such work uncovered for observation without payment of any costs.
2-1.27 REMOVAL OF REJECTED AND UNAUTHORIZED WORK. All
Work which has been rejected shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the Director and no compensation will be allowed the Contractor for such removal, replacement, or remedial Work.

Any Work done beyond the lines shown on the Contract Drawings or established by the Director, or any Work done without written authority will be considered as unauthorized Work and will not be paid for. Upon order of the Director, unauthorized Work shall be remedied, removed, or replaced at the Contractor's expense.

For Council Approval
Not for Construction
GC – 2:22
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Upon failure of the Contractor to comply promptly with any order of the Director made under this section, the Director may cause rejected or unauthorized Work to be remedied, removed, or replaced, and the costs thereof will be deducted from any moneys due or to become due the Contractor.

For Council Approval
Not for Construction
GC – 3:1
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 3

CHANGES IN THE WORK
3-1.01 CHANGES. The Director, without invalidating this Agreement and without notice to Contractor’s surety, may order changes in the Work, consisting of additions or deletions, or other revisions. The Contract Price and the Contract Time shall be adjusted accordingly. All such changes in the Work, including in the Contract Price and the Contract Time, shall be authorized only by Contract Change Order, signed by the Director.

If Contractor claims that performance of any work entitles it to additional compensation or to an extension of time for performance of the Work, Contractor shall provide written notice to the City of any such claim prior to undertaking such work. Contractor shall provide written notice of any anticipated impacts to the Contract Price or Contract Time within three (3) Days of discovering such impact, by submitting a Notice of Potential Claim described in Section 7-1.03 below, or notice of delay as described in Section 6-1.09 below. If the Director refuses to issue a Change Order for such work, Contractor shall perform that work if directed or obligated to do so and shall submit a complete and specific Claim for additional compensation and/or extension of time for performance within fifteen (15) Days after such work is performed, as described in Section 7-1.03 below. Failure to provide written notice of claims prior to undertaking such work, failure to provide a timely Notice of Potential Claim, or failure to submit timely a complete and specific Claim for additional compensation and/or extension of the time for performance, shall be deemed a waiver and abandonment of any such Claim. No Claim, dispute or controversy shall interfere with the progress or performance of the Work and the Contractor shall proceed with the Work as directed by the Director. Failure to so proceed shall amount to a For Council Approval
Not for Construction
GC – 3:2
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] default under this Agreement.
3-1.02 PROPOSED CHANGE ORDERS. The Contractor will be notified in writing of a proposed Change Order describing the intended change. Within fifteen (15) Days after receipt of a written request, the Contractor shall submit its proposed price to be added or deducted from the Contract Price due to the change and its estimate of the extent of the adjustment in the Contract Time, if any. The Contractor's proposed price to be added to or deducted from the Contract Price shall be supported by a detailed estimate of cost prepared by the Contractor, vendor or Supplier. The Contractor's proposed price submittal shall be accompanied by a statement of the time necessary for the changed Work, together with a description of how this time will be incorporated into the current Construction Schedule. The Contractor shall upon request by the Director permit inspection of its original Contract estimate, subcontract agreements or purchase orders relating to the change.

If agreement is reached on the adjustment in compensation as provided in Section 3-1.05, “Contract Price Adjustment,” of these General Conditions, the Contractor shall proceed with the Work as changed at the agreed price.

If the Contractor and the Director fail to agree as to the adjustment in compensation for the performance of the changed Work, the Contractor, upon written order from the Director, shall proceed immediately with the changed Work and the Contract Price shall be adjusted in accordance with Section 3-1.06, “Force Account Payment,” of these General Conditions.

If the Contractor fails to submit its cost estimate within such fifteen (15) Day period, the Contractor shall commence the Work as changed immediately upon receipt of written order of the Director, and the Contract Price will be adjusted in accordance with the Director's cost estimate for the changed Work.

For Council Approval
Not for Construction
GC – 3:3
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] 3-1.03 EMERGENCY AND INDETERMINATE TYPE CHANGE
ORDERS. Changes in the Work made necessary by an Emergency, as determined by the Director, or changes of a kind where the extent of the Work cannot be determined until completed, may be authorized by the Director in writing. The Change Order shall state that it is issued pursuant to this Section 3-1.03. Upon receipt of an authorized Change Order or other written order of the Director, the Contractor shall proceed with the ordered Work and the Director will maintain a daily job record containing a detailed summary of all labor, materials and equipment required for the changed Work.

Within fifteen (15) Days after receiving a written request, the Contractor shall submit a detailed estimate of cost for the change and any requested change in Contract Time in the same manner as required for proposed Change Orders in Section 3-1.02 of these General Conditions. 3-1.04 EXECUTED CHANGE ORDER. A Contract Change Order signed by both the Director and the Contractor is an “executed Contract Change Order.” By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the changed Work, including payment for interruption, disruption, acceleration, extended Overhead, delay or any other “impact” claim or “ripple effect” claim.

The Contractor specifically understands and agrees that its execution of the Contract Change Order shall constitute a waiver of any right for the Contractor to claim any additional compensation with respect to the subject matter of the Contract Change Order. 3-1.05 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract Price, the amount of such adjustment shall be determined by one of the following methods, or a combination thereof, as determined by the City and in its sole discretion:

For Council Approval
Not for Construction
GC – 3:4
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] A. Lump sum. The Contractor and the City may agree on a lump sum amount for the Change Order. At the City’s request, the Contractor will provide pricing for the work. Maximum markups for Contract Change Orders paid for using lump sum pricing shall be paid for in the same manner and in the same amounts as markups for Force Account work, as described in Section 3-1.06 below.

B. Unit Prices. The unit prices set forth in the Contractor’s Schedule of Bid Prices will be utilized where they are applicable and acceptable to the City. The Contractor’s unit prices shall remain firm and shall not be subject to adjustment unless and until the actual quantity of work is increased or decreased by Contract Change Order in an amount greater than twenty-five percent (25%) from the estimated quantity indicated for such item. No markups will be given for Contract Change Orders paid for using unit prices.

Unit prices for new items included in the Contract Change Order but not included in the original bid shall be as mutually agreed upon or, in the absence of agreement, as determined by the City in the same manner as if the work were to be paid for on a Force Account basis, as described in Section 3-1.06 below.

C. Force Account. Where the City and the Contractor are unable to agree on lump sum pricing and if the City does not elect to utilize the unit prices in Contractor’s bid, or such unit prices are not applicable, the changed work will be performed and tracked by the Contractor as Force Account work, as described in Section 3-1.06 below. The City will pay for such work, including markups, properly attributable to the change in accordance with those Force Account provisions.

D. Eliminated Items. The City reserves the right to delete any bid item of Work in its entirety. The City makes no representation that any work under a bid item of Work For Council Approval
Not for Construction
GC – 3:5
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] will be performed, and all work may be subject to a Contract Change Order that deletes such work. Bid items are distinct and severable from the other bid items, and the Contractor shall not be entitled to any anticipated profit, unabsorbed Overhead, or other indirect expense attributable to the deleted item, except as provided immediately below with regard to Force Account markups on the direct and verifiable costs incurred prior to the City’s order that deletes the work.

Should any bid item of Work be eliminated in its entirety and not accounted for as described immediately above and, in the absence of an executed Contract Change Order covering such elimination, payment will be made to the Contractor for actual direct and verifiable costs incurred in connection with such eliminated bid item if incurred prior to the date of notification in writing by the City of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the City, and if orders for such material cannot be canceled, it will be paid for at the actual direct and verifiable cost to the Contractor. Actual direct costs shall include documented vendor shipping fees, Supplier restocking fees, if applicable, and Contractor handling costs directly related to the eliminated item(s). In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the City so directs, the material shall be returned and the Contractor will be paid for the actual direct cost of charges made by the vendor for returning the material. The actual direct cost of handling returned materials will also be paid for by the City. The actual direct and verifiable costs to be paid by the City as provided herein will be computed in the same manner as if the work were to be paid for on a Force Account basis, including the application of Force Account mark-ups to said costs.
3-1.06 FORCE ACCOUNT PAYMENT. When Work performed pursuant to a For Council Approval
Not for Construction
GC – 3:6
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Change Order is to be paid for on a Force Account basis, the Contractor’s labor, materials and equipment used in the performance of such Work shall be subject to the approval of the City, and the compensation will be determined as set forth below in this section. 3-1.06A LABOR. The Contractor will be paid an amount based on the actual cost for the workers (including foremen when authorized by the Director) used in the actual and direct performance of the Work. All labor costs associated with Overhead, whether field or home office, are specifically excluded herein, as those labor costs are covered by the below mark-ups. The cost of labor, whether the employer is the Contractor, Subcontractor or other forces, shall include employer payments; assessment of benefits required by lawful labor union collective bargaining agreements; compensation insurance payments; contributions made to the State pursuant to the Unemployment Insurance Code; and for taxes paid to the Federal Government pursuant to the Social Security Act of August 14, 1935, as amended. No labor cost will be recognized at a rate in excess of the wages prevailing in the locality at the time the Work is performed, nor will the use of a labor classification, which would increase the cost, be permitted unless the Contractor establishes to the complete satisfaction of the Director the necessity for payment at a higher rate.
3-1.06B MATERIALS. Only materials furnished by the Contractor and necessarily used in the performance of the Work will be paid for. Such cost of materials may include the costs of procurement, transportation and delivery if necessarily incurred. If a cash or trade discount by the actual supplier is available to the Contractor, it shall be credited to the City.

If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier plus the actual costs, if any, incurred in the For Council Approval
Not for Construction
GC – 3:7
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] handling of such materials. If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Bid items or the current wholesale price for such materials delivered to the job site, less any discounts as provided herein, whichever is lower. If, in the opinion of the Director, the cost of materials is excessive, or if the Contractor fails to furnish satisfactory evidence of the cost to it from the actual supplier within sixty (60) Days after the date of delivery of the materials or within fifteen (15) Days after Acceptance of the Agreement, whichever occurs first, the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required, less any discounts provided herein. The Department reserves the right to furnish such materials required by the Change Order as it deems advisable, and the Contractor shall have no claim for cost or markups on material furnished by the Department. 3-1.06C EQUIPMENT. The Contractor will be paid an amount based on the actual cost for the use of equipment directly required and approved by the Director in the performance of the changed Work. No payment will be made for time while equipment is inoperative due to breakdowns or on Days when no Work is performed. In addition, the rental time shall include the time required to move the equipment to the Work from the nearest available source of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid. Moving time, loading and transportation costs will only be paid if the equipment is used exclusively on the changed Work during the time between move in and move out. Individual pieces of equipment having a replacement value of One Thousand Dollars ($1000) or less shall be considered to be tools or small equipment, and no payment will be made therefore. For equipment owned, For Council Approval
Not for Construction
GC – 3:8
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] furnished, or rented by the Contractor, no cost therefore shall be recognized in excess of the equipment rental rates published by Caltrans at the following website address:
http://www.dot.ca.gov/hq/construc/equipmnt.html. Equipment located at a Work Site and utilized on non-Force Account work shall not eligible for standby payment, and shall be charged on a Force Account basis only when solely performing pre-approved Force Account work tasks. 3-1.06D MARKUPS. When a Change Order increases the cost of the Work, the Contractor may add the following maximum markups to its actual costs of labor, materials, or equipment rental:
15 percent for labor;
10 percent for materials; and
5 percent for equipment rental.

The above markups include full compensation, covering the costs of all supervision, bonds, profit, Overhead, and other general expenses not specifically designated as a direct cost in Sections 3-1.06A through 3-1.06C above. The total payment (i.e., direct cost plus applicable markups) shall be deemed to be the actual cost of such work and shall constitute full compensation therefor. The Contractor specifically understands and agrees that such payment shall include any Contractor costs for interruption, disruption, and acceleration, extended Overhead, Change Order management, delay or other “impact” claim or “ripple effect” claim.

When work paid for on a Force Account basis is performed by forces other than the Contractor’s own forces, the maximum allowable mark-ups for the Subcontractors’ costs shall be fifteen percent (15%) for the cost of labor, ten percent (10%) for the cost of materials, and five percent (5%) for the cost of rented equipment. In these situations where the work is being performed by Subcontractors, the Contractor will only be entitled to an additional five percent For Council Approval
Not for Construction
GC – 3:9
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] (5%) mark-up and will not be entitled to receive the additional mark-ups specified in this section.

When a Change Order decreases the cost of the Work, the reduction in cost shall include a five percent (5%) markup on the estimated cost for furnishing the labor, materials and equipment, which would have been used on such Work, had the Change Order not been issued.

When a Change Order involves both added Work and deleted Work, the markup or markups to be used shall be as follows:

The actual costs of labor, materials, and equipment rental for added and deleted Work shall be calculated separately without adding markups. If the difference between the calculated costs for labor results in an increased cost, a markup of fifteen percent (15%) shall be applied to the increased cost. If the difference between the calculated costs of materials or equipment rental results in an increased cost, a markup of ten percent (10%) and five percent (5%) respectively, shall be applied to the increased costs of materials or equipment rental, as the case may be. If the difference between the calculated costs for labor, materials or equipment rental results in a decreased cost, a markup of five percent (5%) shall be applied to the decreased costs of labor, materials or equipment rental, as the case may be.

Contractor shall not add mark-ups on work performed and billed by City staff nor add mark-ups to successive iterations of proposed Change Order cost proposals returned to Contractor by the City due to incomplete or inaccurate information being originally submitted by the Contractor. If the Contract Price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly. 3-1.06E RECORDS. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a Force Account basis and the costs of other operations.

For Council Approval
Not for Construction
GC – 3:10
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] From the above records, the Contractor shall furnish the City completed daily extra work reports, on forms acceptable to the City, for each Day’s extra work to be paid for on a Force Account basis. The daily extra work reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, Subcontractor, or other forces. The daily extra work reports shall provide names and identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment, and hours operated. Daily extra work and Force Account reports (actual or claimed) shall be signed by both the City’s and the Contractor’s representatives within twenty-four (24) hours of the performance of the work.

Valid copies of vendor’s invoices shall substantiate material charges. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports. Should said vendor’s invoices not be submitted within sixty (60) Days after the date of delivery of the material or within fifteen (15) Days after the Acceptance of the Agreement, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities, less any discounts.

The City will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the City.

The Contractor’s cost records pertaining to Work paid for on a Force Account basis shall be open to inspection or audit by representatives of the City during the life of the Agreement and for a period of not less than three (3) years after the date of Agreement completion and the For Council Approval
Not for Construction
GC – 3:11
[[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than sixty (60) Days after the date of Acceptance of the Agreement, the Contractor will be given fifteen (15) Days’ notice of the time when such audit is to begin.
3-1.07 COST REDUCTION PROPOSALS. The City encourages the Contractor to submit Cost Reduction Proposals whenever the Contractor identifies areas and/or instances in which there can be savings to the Work. Contractor may submit to the City, in writing, proposals for modifying the plans, Specifications or other requirements of the Agreement for the sole purpose of reducing the total cost of construction, including the time for completion of the Work. The City may consider such Cost Reduction Proposals and, if accepted, the Agreement will be equitably adjusted. The City has no obligation to consider or accept Cost Reduction Proposals.

For Council Approval
Not for Construction
GC - 4:1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 4

CONTROL OF MATERIALS
4-1.01 MATERIALS. The Contractor shall furnish all materials required to complete the Work, except materials that are designated in the Supplemental Conditions to be furnished by the City and materials furnished by the City in accordance with Section 3, “Changes in the Work,” of these General Conditions.

Unless otherwise specified in the Supplemental Conditions, materials furnished by the Contractor for incorporation into the Work shall be new. When the quality or kind of materials, articles, or equipment is not particularly indicated, then the quality or kind thereof shall be similar to those that are indicated.

Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.

All materials which do not conform to the requirements of the Contract Documents as determined by the Director, will be rejected whether in place or not. Rejected material shall be removed immediately from the site of the Work, unless otherwise permitted by the Director. No rejected material, the defects of which have been subsequently corrected, shall be used in the Work, unless approval in writing has been given by the Director. Upon failure of the Contractor to comply promptly with any order of the Director made under these provisions, the Director shall have the authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.

Manufacturer's warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the Work, shall be delivered to the Director For Council Approval
Not for Construction
GC - 4:2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] before Acceptance of the Contract.

Unless otherwise designated in the Supplemental Conditions or Specifications, materials furnished by the City will be delivered to the job site. Materials furnished by the City that are designated in the Supplemental Conditions as available at locations other than the job site shall be hauled to the site of the Work by the Contractor at its expense, including any necessary loading and unloading that may be involved.

The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the Department for the cost of replacing City-furnished material and such costs may be deducted from any moneys due or to become due the Contractor.
4-1.02 PRODUCT AND REFERENCE STANDARDS. When descriptive catalog designations, including manufacturer's name, product brand name, or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect on the day the Notice to Contractors for the Work is dated, except as may be otherwise stated.

When standards or test designations of the Federal Government, trade societies, or trade associations are referred to in the Contract Documents by specific date of issue, these shall be considered as part of the Contract. When such references do not bear a date of issue, the edition in effect on the day the Notice to Contractors for the Work is dated shall be considered as part of the Contract.
4-1.03 SAMPLING AND TESTING OF MATERIALS. Unless otherwise specified, all tests shall be performed in accordance with the methods used by the State For Council Approval
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GC - 4:3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Department of Transportation (Caltrans) and shall be made by the Director or his or her designated representative.

The State Department of Transportation has developed test methods for testing the quality of materials and Work. These test methods are identified by a California Test followed by the serial number. Copies of individual tests are available at the State Department of Transportation Laboratory, Sacramento, California, and will be furnished to interested persons upon request.

Whenever a reference is made in the Supplemental Conditions to a California Test by number, it shall mean the California test in effect on the day the Notice to Contractors for the Work is dated.

Whenever the Supplemental Conditions provide an option between two (2) or more test methods, the Director will determine the test method to be used.

Whenever a Supplemental Condition, manual, or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, shall be furnished to the Director. The manufacturer's test reports shall supplement the inspection, sampling and testing provisions of this Section 4-1.03 and shall not constitute a waiver of the City's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Director may at his or her discretion, select random samples from the lot for testing. Testing specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced Supplemental Conditions and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Director.

When requested by the Director, the Contractor shall furnish, without charge, samples of For Council Approval
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GC - 4:4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] all material entering into the Work, and no material shall be used prior to approval by the Director, except as provided in Section 4-1.04, “Certificates of Compliance,” of these General Conditions.

A. Inspection and Access for Testing. The Contractor shall provide safe access for the Director and his or her inspectors to adequately inspect the quality of Work and conformance with the General and Supplemental Conditions. The Contractor shall provide adequate lighting, ventilation, ladders and other protective facilities as may be necessary for the safe performance of inspections.

The Contractor shall submit samples or specimens of such materials to be furnished or used in the Work as the Director may require. The Contractor shall furnish the Director all necessary labor and facilities for such things as excavation in the compacted fill to depths required to take samples.

Inspections, tests, or favorable review by the Director or others shall not relieve the Contractor from its obligations to perform the Work in accordance with the requirements of the Contract Documents.

Work covered without the favorable review or consent of the Director shall, if required by the Director, be uncovered for examination at the Contractor's expense.

If the Engineer, Architect, or Director considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Director's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Director may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of For Council Approval
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GC - 4:5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] satisfactory reconstruction. If, however, such Work is not found to be defective and the Work was not covered without favorable review of the Director, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to cover its costs directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate Change Order shall be issued.

Whenever the Contractor varies the period during which Work is carried on each Day, the Contractor shall give due notice to the Director so that proper inspection may be provided. Any Work done in the absence of the Director may be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Director and other agents of the City. Authorized representatives and agents of the Director shall be permitted access to inspect all Work and materials wherever it is required for preparation of progress reports, and the Contractor shall provide proper facilities for such access and inspection.

It is the Contractor's responsibility to supervise the Work and complete the project in accordance with the Contract Documents. In the course of managing that effort, the Contractor shall generate its own punch lists as deemed necessary. The Director may prepare punch lists for the Director's own use in communicating with the Contractor; however, the Director shall be under no obligation to prepare punch lists for the Contractor. In general, the Director will prepare punch lists only after the Contractor has given the Director written notice that the subject Work is completed and tested in accordance with the Contract Documents and is ready for operation and/or use and/or occupancy. Failure of the Director to include an item in a punch list shall not relieve the Contractor of its duty to satisfactorily complete all Work required by the Contract Documents.

For Council Approval
Not for Construction
GC - 4:6
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Upon Final Completion of the construction Work and request by the Contractor, the Director will conduct a final inspection as a basis for recommending to the City that the Work be accepted.

B. Field and Materials Testing. Where the Supplemental Conditions require Work to be specially field tested or approved, it shall be tested only in the presence of the Director after timely notice of its readiness for inspection and test, and the Work after testing shall be covered up only upon the consent thereto of the Director.

The results of any tests made are for the information of the Director. Regardless of any test results, the Contractor is solely responsible for the quality of workmanship and materials and for compliance with the requirements of the Contract Drawings and Supplemental Conditions.

Except as specifically required under the Supplemental Conditions, all tests by the Director of materials furnished by the Contractor will be done in accordance with commonly recognized standards of national organizations. The Contractor shall furnish such samples of all materials as required by the Director without charge. No material shall be used unless it has been favorably reviewed by the Director.

Where such inspection and testing are to be conducted by an independent Laboratory or agency, the sample or samples of materials to be tested shall be selected by such Laboratory or agency, or the Director, and not by the Contractor.

C. Costs of Testing.

1. Initial Services: The City shall furnish and pay for all initial testing services required by the Contract Documents. When initial tests indicate non-compliance with the Contract Documents, the cost of initial tests associated with that non-compliance will be For Council Approval
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GC - 4:7
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] deducted by the City from the balance owed the Contractor. The Contractor shall furnish samples of materials for testing as may be required by the Director. Such samples shall be furnished without cost to the City.

2. Retesting: When initial tests indicate non-compliance with the Contract Documents, all subsequent retesting occasioned by the non-compliance shall be performed by the same testing Laboratory and the cost thereof will be deducted by the City from the balance owed the Contractor. Contractor shall be billed for each additional test.

3. Contractor Convenience Testing: Inspection or testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor.

4. Additional Tests and Inspections: When in the opinion of the Director additional tests or inspections are required because of the manner in which the Contractor executes its Work, such tests and inspections shall be paid for by the City, but will be deducted from the Contract Price. Examples of such tests and inspections are tests of materials substituted for previously accepted materials or substituted for specified materials, retests made necessary by failure of material to comply with the requirements of the Specifications, load tests made necessary because of portions of the structure not fully meeting Specifications or plan requirements, etc.
4-1.04 CERTIFICATES OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Supplemental Conditions require that such a Certificate be furnished. In addition, the Director may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all For Council Approval
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GC - 4:8
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] respects with the requirements of the Supplemental Conditions. A Certificate of Compliance shall be furnished with each lot of such materials delivered to the Work and the lot so certified shall be clearly identified in the Certificate.

All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not.

The Department reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as directed by the Director.

For Council Approval
Not for Construction
GC - 5:1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 5

LEGAL RELATIONS AND RESPONSIBILITY
5-1.01 LAWS TO BE OBSERVED. The Contractor shall keep informed of and observe, and comply with and cause all of its agents and employees to observe and comply with, all prevailing Federal and State laws, and rules and regulations made pursuant to said Federal and State laws, and county and municipal ordinances, and regulations, which in any way affect the conduct of the Contract. If any conflict arises between provisions of the Contract and any such law above referred to, the Contractor shall notify the Director at once in writing. To the fullest extent allowed by law, the Contractor shall defend, indemnify, and save and hold harmless the City or any of its officers, agents, employees, and volunteers against any claim or liability arising from or based on the violation of any such law, rule, or regulation, whether by itself or its agents or employees.
5-1.02 HOURS OF LABOR. Eight (8) hours labor constitutes a legal Day's work. The Contractor or Subcontractor shall, as a penalty to City, forfeit Twenty-five Dollars ($25) for each worker employed in the execution of the contract by the respective Contractor or Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that Work performed by employees of Contractors in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay, as provided in said For Council Approval
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GC - 5:2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Section 1815. In addition, Contractor and/or its Subcontractors may be required to pay double the basic rate of pay for all hours worked in excess of twelve (12) hours in any workday and under other circumstances. (See California Code of Regulations, Title 8, Sections 16100(c)(6) and (16200(a)(3)(F) and applicable Department of Industrial Relations prevailing wage determinations.)
5-1.03 NONDISCRIMINATION.

A. Attention is directed to Labor Code Section 1735, which reads as follows:
“A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.” B. During the performance of this Contract, Contractor and its Subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Contractor and Subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Contractor and Subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Government Code §12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285.0 et seq.) and other applicable State and Federal regulations and City For Council Approval
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GC - 5:3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] policies pertaining to nondiscrimination and affirmative action which are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Contractor and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform Work under the agreement. 5-1.04 PREVAILING WAGE. The Contractor and any Subcontractor shall comply with Labor Code Sections 1770 et seq. In accordance with said Section 1775 the Contractor and any Subcontractor under the Contractor shall, as a penalty, forfeit to the state or City not more than $200 for each calendar day or portion thereof, for each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the work or craft in which such worker is employed for under the Contract by the Contractor or by any Subcontractor under the Contractor.

The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (a) whether the failure to pay the correct rate of per diem wages was a good-faith mistake and, if so, whether the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor; and (b) whether the Contractor or Subcontractor has a prior record of failing to meet its prevailing wage obligations.

The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the Contractor or Subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor.

For Council Approval
Not for Construction
GC - 5:4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Contractor or Subcontractor has been assessed penalties within the previous three (3) years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.

The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1 of the Labor Code.

If the amount due under this section is collected from the Contractor or Subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code against the Contractor or Subcontractor shall be satisfied before applying that amount to the penalty imposed on that Contractor or Subcontractor pursuant to this section.

The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for an abuse of discretion.

In addition to said penalty, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by the Contractor or Subcontractor.

If a worker employed by a Subcontractor on a public works project is not paid the general prevailing per diem wages by the Subcontractor, the Contractor is not liable for any penalties described above unless the Contractor had knowledge of that failure of the Subcontractor to pay For Council Approval
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GC - 5:5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements:

1. The contract executed between the Contractor and the Subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1776, 177.5, 1813, and 1815 of the Labor Code.

2. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subcontractor to the employees, by periodic review of the certified payroll records of the Subcontractor.

3. Upon become aware of the Subcontractor’s failure to pay its workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the Subcontractor for work performed on the public works project.

4. Prior to making final payment to the Subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to its employees on the public works project and any amount due pursuant to 1813 of the Labor Code.

Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within fifteen (15) Days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a Subcontractor on that public works project to pay workers the general prevailing rate per diem wages.

Pursuant to the provisions of California Labor Code Section 1773, the City has obtained For Council Approval
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GC - 5:6
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] the general prevailing rate of wages applicable to the categories of workers the City anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday, and holiday Work.

The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned or, if no collective bargaining applies, those holidays identified in Government Code Section 6700.

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

Pursuant to Labor Code Section 1773.2, the general prevailing wage rates set forth above, which forms a part of this Contract, shall be posted by the Contractor at a prominent place at the site of the Work.

Pursuant to Labor Code Section 1773.6 and California Code of Regulations Section 16204, Title 8, changes in general prevailing wage determinations shall apply to the project only if issued by the Director of Industrial Relations prior to the City’s bid issuance date.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its Bid, and will not under any circumstances be considered as the basis of a claim against the City or Contract.

When both California and Federal prevailing wage rates apply, the Contractor and any Subcontractors shall pay their workers the higher of the two rates. The Contractor and any Subcontractors shall insert this clause in any lower tier contract. 5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID.

For Council Approval
Not for Construction
GC - 5:7
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a Contractor or Subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contractor for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5.
5-1.06 PAYROLL RECORDS. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by its Subcontractors.

A. The Contractor and each Subcontractor shall keep accurate and current payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by it in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Section 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

B. The payroll records enumerated under subdivision (A) shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following For Council Approval
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GC - 5:8
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] basis:

1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

2. A certified copy of all payroll records enumerated in subdivision (A) shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. The City reserves the right to withhold any progress payments to the Contractor in the event of noncompliance with the subsection.

3. A certified copy of all payroll records enumerated in subdivision (A) shall be made available upon request by the public for inspection or for copies thereof.

However, a request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor.

C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

D. Each Contractor shall file a certified copy of the records enumerated in subdivision (A) with the entity that requested the records within ten (10) Days after receipt of a written request.

E. Any copy of the records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or For Council Approval
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GC - 5:9
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] obliterated to prevent disclosure of an individual's name, address and social security number.

The name and address of the Contractor awarded the Contract or Subcontractor performing the Contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent the disclosure of an individual’s name and social security number. A joint labor-management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labormanagement committee reasonable attorneys’ fees and costs incurred in maintaining the action.

An action under this subdivision may not be based on the employer’s misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this section.

F. The Contractor shall inform the City of the location of the records enumerated under subdivision (A), including the street address, city and county, and shall, within five (5) business days, provide a notice of a change of location and address.

G. The Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice requesting the records enumerated in subdivision (A). In the event that the Contractor or Subcontractor fails to comply within the ten (10) Day period, the Contractor shall, as a penalty to the State or City, forfeit twenty-five ($25) Dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any progress payment or final payment then due. A contractor For Council Approval
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GC - 5:10
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.
5-1.07 SAFETY REQUIREMENTS. It is the intent of the parties that the City is not an exposing, creating, controlling, or correcting employer under California Labor Code Section 6400. In accordance with generally accepted construction practices and State law, the Contractor shall have the authority and be solely and completely responsible for conditions on the Work Site, including safety of all persons and property during performance of the Work.

Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce Work Site safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and violations are abated. The Contractor is responsible for assuring that all Subcontractors adhere to the minimum Cal/OSHA safety requirements and that each Subcontractor has an effective Cal/OSHA IIPP (Illness and Injury Prevention Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.

The Contractor shall designate a safety officer and have in place a health and safety plan in accordance with the laws of State of California and conduct safety meetings and document them in accordance with the law. The Contractor shall have the safety record available for inspection during working hours and shall submit job site safety meeting reports with each Application for Payment.

Prior to Contractor commencing construction project work on City property, Contractor For Council Approval
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GC - 5:11
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] shall make available copies of its Health and Safety Plan (HASP) that meets or exceeds applicable Cal/OSHA regulations. The Contractor’s HASP shall also meet or exceed the requirements of any applicable City-wide or departmental specific Injury and Illness Prevention Programs (IIPP) and other HASP programs, procedures, and plans. Potentially applicable HASP programs, procedures, and plans include, but are not limited to, the following:

1. Bloodborne Pathogens Exposure Control Plan;

2. Confined Space Entry Procedure;

3. Electrical Safety Program (Lockout/Tagout);

4. Emergency Action Plans (Site Specific);

5. Fire Prevention Plans (Site Specific);

6. Hazardous Waste Operations Emergency Response Plan (or Equivalent);

7. Hazard Communication Program (SDS’s and Right-to-Know training);

8. Heat Illness & Prevention Plan;

9. Hearing Conservation Program;

10. Hot Work/Welding Procedure;

11. Job Hazard Analyses/Standard Operating Procedures;

12. Traffic Control & Flagging;

13. Excavation/Dig Safe Procedure;

14. Fall Protection Plan;

15. Personal Protective Equipment Plan;

16. Respirable Crystalline Silica Exposure Control Plan;

17. Respirator Program;

18. Soils Management Plan (for contaminated soils); and For Council Approval
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GC - 5:12
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

19. Transite (Asbestos) Pipe Work Procedure.

Additionally, Contractor shall be responsible for complying with all City-wide and departmental specific safety requirements as identified in the Supplemental Conditions or presented at a pre-construction meeting.

Contractor shall inform City in advance of the quantity of chemical(s) to be used for the project and the total quantity of chemical(s) that will be brought onto City property. In addition, Contractor shall provide City with one copy of the Safety Data Sheet (SDS) for each chemical expected to be used to complete the project and for each chemical brought to the Work Site, regardless of whether such chemicals are ultimately used for the project.

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

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

All Work and materials shall be in strict accordance with all applicable State, City, County, and Federal Rules, Regulations, and Codes, and attention is drawn to the requirements of Cal/OSHA. The Contractor shall be solely responsible for compliance with all City, County and State blasting requirements and for any damages caused by its operations.

For Council Approval
Not for Construction
GC - 5:13
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] To ensure compliance with California Labor Code Section 6705, the Contractor shall submit to the City, at least five (5) Days in advance of excavation of any trench five feet (5’) or more in depth, Working Drawings to the Director showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such Working Drawings vary from the shoring system standards established by the Cal/OSHA Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared and signed by a registered civil or structural engineer in the State of California. This in no way relieves the Contractor from the requirement of maintaining safety in all operations performed by the Contractor or the Contractor's Subcontractors and nothing in this section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Cal/OSHA Construction Safety Orders of the Division of Industrial Safety Contractor’s Working Drawings shall be subject to approval insofar as the details affect the character of the finished Work and for compliance with design requirements applicable to the construction when specified or called for, but details of the design will be left to Contractor who shall be responsible for the successful construction of the Work. The City shall approve Working Drawings before any Work involving such drawings is performed. Approval and/or acceptance by the City or its designated agent only constitutes acknowledgment of the submission and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submissions, applicability to areas of intended use, nor implementation of the plans, which are solely the responsibility of the Contractor and its registered engineer.

The Contractor shall perform its Work as not to expose personnel to, or to discharge into the atmosphere from any source whatever, smoke, dust, asbestos, toxic chemicals or other air For Council Approval
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GC - 5:14
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction and shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limitation, payment of any fines or penalties levied against the City by any agency as a result of such release and shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any claims arising from such release.

For purposes of this section only, the term “claims” shall include:

1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees, or charges imposed by any governmental agency with jurisdiction; and

2. Any claim, cause of action, or administrative or judicial proceeding brought against the City, its officers, agents, employees, and volunteers for any loss, cost (including reasonable attorneys’ fees), damage or liability, sustained or suffered by any person or entity, including the City.

If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state, and local laws, at the expense of the Contractor.

The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results of any tests conducted on the wastes, and, at its cost, to perform additional tests or examine those wastes, prior to disposition. The Contractor shall defend, indemnify, and save and hold harmless the City, its For Council Approval
Not for Construction
GC - 5:15
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] officers, agents, employees, and volunteers from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by the Contractor. Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of required regulatory documentation including copies of final manifests shall be supplied to the City.

Contractors or Subcontractors removing one hundred or more square feet (100') of asbestos must be “Certified” in accordance with State law. All Work involving exposure to asbestos and all other hazardous materials shall be performed with protection of personnel in compliance with all applicable regulations and safety requirements including, but not limited to, California Code of Regulations Section 1529, Title 8.

Nothing in these General Conditions is to be construed to permit Work not conforming to governing codes. When Contract Documents differ from governing codes, the Contractor shall furnish and Install the higher standards called for without extra charge. 5-1.08 SUBSURFACE EXCAVATIONS, NOTIFICATION. The Contractor shall contact the regional notification center, “Underground Service Alert,” and schedule its Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities. Without limiting the foregoing, the Contractor’s attention is directed to Government Code Sections 4216 to 4216.9, and in particular Section 4216.2. 5-1.09 PUBLIC SAFETY. The Contractor shall assume all responsibility for public safety during the performance of its Work, and all costs arising therefrom shall be included in the Contract Price. Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs, and other devices and take such other protective measures as are For Council Approval
Not for Construction
GC - 5:16
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County, or local agency that owns the right-of-way.

The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, all safety and first aid requirements prescribed by all applicable Federal, State, and local laws and regulations, rules, and orders. The Work shall be done in a safe manner; and the Contractor shall safeguard the safety and health of its employees, Subcontractors, and the people of local communities. The Contractor shall also be reasonable for ensuring that its Subcontractors comply with the provisions of this section.

Upon the failure of the Contractor to comply with any of the requirements of this section, the City shall have the authority, but not the duty, to stop the Work until such failure is remedied.

The Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price due to any such suspensions.

When required by the Contract Documents, the Contractor shall construct, maintain, and remove detours for use of public traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions.

The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public traffic.

Due care shall be exercised to avoid injury to existing improvements or facilities, utility For Council Approval
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GC - 5:17
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] facilities, adjacent property and trees, shrubs, and other plants that are not to be removed.

Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and Install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the Work Site, or as good as required by the Contract Documents if any such objects are part of the Work. The City may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor, and the costs may be deducted from any monies due or to become due to the Contractor under the Agreement.

The fact that any underground facilities is not shown on the Contract Drawings shall not relieve the Contractor of its responsibility pursuant to “Utility Facilities” in Section 2-1.12 elsewhere in the Contract Documents. It shall be the Contractor’s responsibility, pursuant thereto, to ascertain the location of such underground improvements or facilities, which may be subject to damage by reason of its operations.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the Work involved in protecting or repairing property as specified in this section, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor. 5-1.10 EMERGENCIES. In an Emergency affecting the safety of life, the For Council Approval
Not for Construction
GC - 5:18
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Work, or adjoining property, the Contractor, without special instructions or authorization from the City, shall act at its discretion to prevent such threatened loss or injury. In such an Emergency, the Contractor may perform such additional work as is reasonably required. Any compensation claimed by the Contractor on account of Work performed to an Emergency shall be determined in accordance with the provisions relating to Force Account payment contained elsewhere in the Contract Documents.
5-1.11 APPRENTICES. Attention is directed to Labor Code Sections 1777.5, 1777.6 and 1777.7 and Title 8, California Code of Regulations Section 200 et seq. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, a provided therein. The Contractor shall require each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to fully comply with Sections 1777.5 and 1777.6 of the Labor Code. To insure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or Subcontractor should, where some questions exist, contact the Division of Apprenticeship Standards, , or one of its branch offices prior to commencement of Work on the public works Contract. Responsibility for compliance with this section lies with the prime Contractor.

It is State and City policy to encourage the employment and training of apprentices on public works Contracts as may be permitted under local apprenticeship standards. 5-1.12 FAIR LABOR STANDARDS ACT. Attention is invited to the fact that the City has been advised by the Wage and Hour Division, U.S. Department of Labor, that Contractors engaged in construction Work are required to meet the provisions of the Fair Labor Standards Act of 1958 and as amended (52 Stat. 1060).

For Council Approval
Not for Construction
GC - 5:19
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] 5-1.13 WORKERS' COMPENSATION. Pursuant to the requirements of Labor Code Section 1860, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Labor Code Section 3700.

Prior to the commencement of Work, the Contractor shall sign and file with the Director a certification in the following form:
“I am aware of the provisions of Labor Code Section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statues, specified in Government Code Section 11017.

In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the project shall comply with the applicable material requirements of the applicable Air Quality Management District. All containers of solvent, paint, thinner, curing compound, or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements.

Unless otherwise provided in the Supplemental Conditions, material to be disposed of shall not be burned, either inside or outside the Premises.

The Contractor shall also comply with all rules, regulations, statutes and ordinances For Council Approval
Not for Construction
GC - 5:20
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] regarding asbestos removal and disposal, including but not limited to, 42 U.S.C. Sections 7401, 7412 and 7601, 40 C.F.R. Part 61, Subpart M, and California Code of Regulations Section 1529, Title 8.

If the Contractor discovers that a building to be demolished or renovated contains asbestos containing material, the Contractor shall immediately cease Work and notify the City. 5-1.15 USE OF PESTICIDES. The Contractor shall comply with all local, state and federal rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required in the performance of the Work.

Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.

Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weed, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered as pesticide.
5-1.16 SOUND AND LIGHT CONTROL REQUIREMENTS. The
Contractor shall comply with all local sound control, light control, and noise level rules, regulations and ordinances which apply to any Work performed pursuant to the Contract. Work shall not begin before 7 a.m. nor occur after 7 p.m., unless otherwise permitted by the City.

Each internal combustion engine, used for any purpose on the Work or related to the Work, shall be equipped with a muffler, in good working order, of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said For Council Approval
Not for Construction
GC - 5:21
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] muffler.
5-1.17 WEIGHT LIMITATIONS. Unless expressly permitted elsewhere in the Contract Documents, the Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the Vehicle Code over completed or existing base, surfacing, pavement or structures. 5-1.18 ENVIRONMENTAL CLEARANCES; MITIGATION
MONITORING PROGRAMS; AND REGULATORY AGENCY PERMIT
REQUIREMENTS. The Department will obtain all environmental clearances and other authorizations necessary for this project as set forth in the Contract Documents. The Contractor shall comply with the provisions, including giving notices during construction when required, of said authorizations. In the event the obtaining of said authorizations delays completion of all or any portion of the Work, an extension of time determined pursuant to the provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions will be granted.

Contractor shall comply with: (1) all mitigation identified in the mitigation monitoring program (attached to and adopted as a component of the mitigated negative declaration or Environmental Impact Report) to mitigate impacts to protected natural resources; and (2) all related permit requirements issued by the regulatory agencies authorizing the project. Contractor shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any fines, claims, suits, actions or regulatory sanctions of every name, kind and description brought forth, or on account of, damage to protected natural resources from or arising out of Contractor’s negligence or willful misconduct in the performance of this Agreement. 5-1.19 PERMITS AND LICENSES. The Contractor acknowledges and agrees that, prior to the submission of its bid for the Work, it fully familiarized itself with the For Council Approval
Not for Construction
GC - 5:22
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] requirements of all applicable federal, state, county and municipal laws, codes, rules, and regulations, as well as the conditions of any required licenses and permits.

The Contractor shall procure all permits and licenses, including any applicable building permits (except those procured or to be procured by the City which are listed elsewhere in the Contract Documents), in coordination with the Director, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the Work. Contractor shall be responsible for applying, paying all fees, and coordination for obtaining all permits for completion of the Work. All permits and licenses shall be obtained in sufficient time to prevent delays to the Work. Contractor will apply to the City for reimbursement for such permits costs.

Accordingly, Contractor should not include the anticipated costs for permits in its bid, as the necessary permit costs will be reimbursed by the City.

The California Environmental Quality Act (Public Resources Code, Section 21000 to 21177) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the Work. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations, and all permits, licenses and other authorizations shall be obtained in sufficient time to prevent delays to the Work.

The Contractor shall maintain the applicable Contractor’s license as identified in the Notice to Contractors and City business license for the duration of the Work. 5-1.20 WATER POLLUTION. The Contractor shall comply with all water pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any water pollution control rules, regulations, and statutes, specified by the most current State of California NPDES General Permit for Stormwater For Council Approval
Not for Construction
GC - 5:23
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Discharges Associated with Construction Activity.

The Contractor shall take all necessary precaution to protect streams, vernal pools, ponds, reservoirs, and lakes from pollution with fuels, oils, bitumen, calcium chloride, and other harmful materials as consistent with the law. Also, the Contractor shall conduct and schedule operations so as to avoid discharging pollutants, such as but not limited to: sediment and silt to the storm drain system. The storm drain system consists of all facilities that are designed to convey stormwater to the Waters of the State as defined in the California Water Code. The storm drain system includes, but is not limited to, all streets, gutters, drain inlets, roadside ditches, streams, vernal pools, ponds, and lakes. Care shall be exercised to preserve roadside vegetation beyond the limits of construction.
5-1.21 PROTECTION AND USE OF PROPERTY. The Contractor shall be responsible for and provide and maintain all proper temporary walkways, covered walkways, barriers, roads, guards, railings, lights, warning signs, and take precaution at all times to avoid injury or damage to any person or any property, and upon completion of the Work, or at other times as directed, restore Premises and adjacent property to a proper condition. In the event of such injury or damage, Contractor shall report such injury and damage to City within forty-eight (48) hours of occurrence.

The Contractor shall protect adjoining property and nearby buildings, including City buildings, City roads, and public streets or roads, from dust, dirt, debris, or the nuisance arising out of the Contractor's operations or storage practices, and, if ordered by the Director, the Contractor shall provide and Install suitable safeguards, approved by the Director, to protect such objects from damage. If such objects are damaged by reason of the Contractor's operations, they shall be replaced or restored at the Contractor's expense.

For Council Approval
Not for Construction
GC - 5:24
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] If the Contractor damages any buildings, roads, utilities, or other property which belong to the City, or any Department or agency thereof, then the Director, at his or her option, may retain from the money due under the Contract an amount sufficient to insure repair of the damage.

The Director may make or cause to be made such temporary repairs as are necessary to restore to service any such damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due the Contractor under the Contract.
5-1.22 RESPONSIBILITY FOR DAMAGE AND INDEMNIFICATION.

The City of Roseville, its officers, agents, employees, and volunteers, including but not limited to the Director and his or her designee, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person, either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, its workers, or anyone employed by the Contractor or the Contractor's Subcontractors.

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

To the fullest extent allowed by law, the Contractor shall defend (through counsel acceptable to the City), indemnify, and save and hold harmless the City, and its respective officers, agents, Subcontractors, employees, and volunteers, and the successors and assigns of For Council Approval
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GC - 5:25
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] any of them, (hereinafter referred to as “Indemnitees”) from and against all claims, demands, liability, suits, actions, costs or expenses for any and all loss or damage, including but not limited to, personal injury, property damage, or economic loss, arising out of or resulting from allegations of (1) Contractor’s use of the City’s property or any activities or Work performed hereunder by the Contractor; (2) the Contractor’s performance of the Work under the Agreement; or (3) the Contractor’s breach of any provision of the Agreement. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Civil Code Section 2778. The only exception to these provisions is that the Contractor’s obligations under this section will not apply to the extent that the claims, demands, liability, suits, actions, costs or expenses are caused by Indemnitees’ active negligence, willful misconduct, criminal acts, or for defects in design furnished by the Indemnitees, misconduct, criminal acts, or for defects in design furnished by the Indemnitees.

The Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers, agents, employees, or volunteers.

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

Any person, firm or corporation that Contractor authorizes to Work on the City’s property including Subcontractors, shall be deemed to be an agent of the Contractor for purposes herein, shall be subject to all the applicable terms herein, and shall be within the scope of the Contractor’s indemnity obligation described herein.

For Council Approval
Not for Construction
GC - 5:26
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the Department may be retained by the City until disposition has been made of such suits or claims for damages.

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

A. The City will give the Contractor thirty (30) Days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to Acceptance of the Contract. Retention of funds from any payment made after Acceptance of the Contract may be made without such prior notice to the Contractor.

B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 7-1.07, “Progress Payments,” of these General Conditions.

C. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with matter for which such retention was made, the Department shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. 5-1.23 INSURANCE COVERAGE.

A. Evidence of Maintenance Required. The Contractor shall, at its expense, procure and at all times maintain in full force and effect at a minimum the insurance required by this section on all of its operations; and the Contractor shall not allow any Subcontractor to commence work until similar insurance required of the Subcontractor has been obtained and filed. An original Certificate of Insurance, and copies of all required endorsements, all in a form approved by the Risk Manager, evidencing all required coverage or policies shall be filed after the award of the bid and prior to approval of the Contract by the City Council. Contractor shall For Council Approval
Not for Construction
GC - 5:27
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] provide ten (10) days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Roseville as Certificate holder.

C. Insurance Required.

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

The Commercial General Liability insurance shall include the following, copies of which shall be provided:
a. Inclusion of the City of Roseville, and its officers, agents, employees, and volunteers, as additional insureds (except for workers’ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the ISO CG 2010 10 01 combined with ISO CGL For Council Approval
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GC - 5:28
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.

Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, crossliability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 For Council Approval
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GC - 5:29
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

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

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

The 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 For Council Approval
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GC - 5:30
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.

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

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

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

For Council Approval
Not for Construction
GC - 5:31
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] 5-1.24 OTHER INSURANCE PROVISIONS.

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

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

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

C. The Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work. Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these For Council Approval
Not for Construction
GC - 5:32
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.

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

G. Contractor shall be responsible for all premiums, deductibles, and selfinsured retention applicable to the insurance it is required to procure under the Contract. All deductibles or self-insured retentions over five hundred thousand dollars ($500,000) must be approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured For Council Approval
Not for Construction
GC - 5:33
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.

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

J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY

PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
5-1.25 THIRD PARTY BENEFICIARY. No provisions in the Contract Documents shall in any way inure to the benefit any third party (including the public at large or any member thereof) so as to constitute such person a third party beneficiary of the Contract, or of any term or condition or other provision of the Contract or otherwise give rise to any cause of action in any person not a party to the Agreement, except as expressly provided elsewhere in the Contract Documents.
5-1.26 COORDINATION AND ACCESS. The Contractor acknowledges that the City may award, or has already awarded, other construction contracts for additional work or may perform additional work with its own forces and that such work may affect the Work under this Agreement. Additionally, the Contractor acknowledges that the State and other public and private agencies may be granted a right-of-entry by the City for the purpose of constructing For Council Approval
Not for Construction
GC - 5:34
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] facilities within and adjacent to the Work Site. It is the obligation of the Contractor to coordinate its Work with the work of others working within or adjacent to the City’s property.

During performance of its Work, the Contractor shall not have exclusive access to or use of the work areas. The City may also require that certain facilities and areas be used concurrently by the Contractor and by other contractors working in the area. When two (2) or more contractors are employed on related or adjacent City work, each shall conduct its operations in such a manner as not to cause any unnecessary delay or hindrance to the other.

Each contractor shall be responsible to the other for all damage to any work, to persons or property caused to the other by its operations, and for loss caused the other due to any unnecessary delays or failure to finish the work within the time specified for completion.

If any party of the Contractor’s Work depends on the work of any other contractor and/or the City for proper execution and/or results, the Contractor shall promptly notify the City of any discrepancies and/or defects in said other work that would render its work unsuitable for proper execution and/or results prior to proceeding with the Contractor’s own Work. If it becomes necessary, the City will resolve coordination and access problems.

The Contractor and its representative in charge of the Work shall familiarize themselves with the City’s property and Work Site, and adjacent surroundings in the vicinity of said Wok, and any private or public operations on adjoining properties. 5-1.27 OCCUPANCY BY THE DEPARTMENT PRIOR TO
ACCEPTANCE. The City may at any time notify the Contractor in writing that it intends to take Beneficial Occupancy of any portion of the Work even though the Work may not be substantially complete. Unless the reason for the City’s taking Beneficial Occupancy is that the Contractor has not completed the Work (or portions thereof) in accordance with the Contract For Council Approval
Not for Construction
GC - 5:35
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Time, the City’s Beneficial Occupancy shall relieve the Contractor from its responsibility for maintenance, loss or damage to that portion of the Work for which the City has taken Beneficial Occupancy other than that resulting from the Contractor’s act or omission, negligence, willful misconduct or breach of warranty.

Should the Work (or portion thereof) not be completed in accordance with the Construction Schedule within the Contract Time (as adjusted under the terms of the Contract Documents), the City shall have the right, but not the obligation, to take Beneficial Occupancy of the Work. In such event, the Contractor shall not be entitled to any additional compensation on account of said occupancy by the City, nor shall the Contractor be relieved of any of its responsibilities under the Contract Documents, including, without limitation, Contractor’s obligation to complete the Work in accordance with the Construction Schedule.

Beneficial Occupancy shall not be deemed an Acceptance by the City either of the Work or of any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective Work or materials found at any time before the formal written Acceptance of the entire Contract by the Director or during the full warranty period after such Acceptance, as provided in Section 7-1.12, “Warranty,” of these General Conditions.

The City’s Beneficial Occupancy shall not relieve the Contractor of its responsibility to maintain all insurance and bonds required under the Contract Documents until the entire project is accepted by the City.
5-1.28 RIGHT TO OPERATE UNSATISFACTORY FACILITIES AND
EQUIPMENT. If, after Installation, the operation or use of the facilities or equipment to be furnished under this Contract proves to be unsatisfactory to the Director, the City shall have the right to operate and use such facilities or equipment until they can, without damage to the City, For Council Approval
Not for Construction
GC - 5:36
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] be taken out of service for correction or replacement. Such period of use of the defective facilities or equipment, pending correction or replacement, shall in no way decrease the warranty period required for the acceptable corrected or replaced facilities or equipment. 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK. Except as otherwise provided herein, the Contractor shall have the charge and care of the Work and shall bear the risk of injury or damage to any part of the Work by the action of the elements or from any other cause whether arising from the execution or from the nonexecution of the Work until the Acceptance of the Contract by the Director. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and Acceptance, and shall bear the expense thereof. In case of suspension of Work from any cause whatever, the Contractor shall be responsible for the Work and it shall also be responsible for all materials, and shall properly store them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.

The Contractor will be relieved of responsibility for any injury or damage to the Work caused by the following:

A. An earthquake in excess of a magnitude of 3.5 on the Richter Scale or a tidal wave, when the effect of such has been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or was of such magnitude at the site of the Work as to have been sufficient to have caused a proclamation of disaster or state of emergency, had it occurred in a populated area.

B. Occupancy and use by the Department or the public prior to the completion of the entire project.

C. Acts of the Federal Government or the public enemy.

For Council Approval
Not for Construction
GC - 5:37
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] 5-1.30 RESPONSIBILITY FOR UTILITIES. The Contractor shall be responsible at its own cost for any and all Work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the Work, including without limitation, repair of any or all damage and all hand or exploratory excavation required.

The Contractor is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and when working or excavating in the vicinity of such cables, or the ducts enclosing such cables, the Contractor shall undertake at its own cost any special precautions required. Suitable warning signs, barricades, and safety devices shall be erected as necessary or required.

However, if during the course of the Work the Contractor encounters utility Installations which are not shown or indicated in the Contract Documents or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination, then the Contractor shall promptly notify the Director in writing. Where necessary for the Work of the Contract, the Director shall issue a written order to the Contractor to make such adjustments, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. The Contractor shall perform the Work described in such written order, and compensation therefor will be made in accordance with Section 3 of these General Conditions relating to changes in the Work. Except for the items of cost specified in said Section 3, the Contractor shall receive no compensation for any other cost, damage, delay, interference, or hindrance to him or her due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions for the Director, then the Contractor shall be liable for any or subsequent to discovery thereof, and the Contractor shall repair and make good such damage at its own cost.

For Council Approval
Not for Construction
GC - 5:38
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] The precise location of underground facilities can only be determined by careful probing or hand digging in compliance with Article 6 of the Cal/OSHA Construction Safety Orders which states in part:
“Prior to opening an excavation, effort shall be made to determine whether underground installations, i.e., sewer, water, fuel, electric lines, etc., will be encountered, and if so, where such underground installations are located. When the excavation approaches the approximate location of such an installation, the exact location shall be determined by careful probing or hand digging, and, when it is uncovered, adequate protection shall be provided for the existing installation.” The location of known existing utilities and pipelines are shown on the Contract Drawings in their approximate locations. Some of the locations include multiple conduits. The Contractor shall exercise care in avoiding damage to those facilities which are to remain in service subsequent to the construction of the particular new facility involved and the Contractor will be held responsible for any repairs if damaged. The Contractor shall also exercise care in maintaining those pipes and facilities required for continuing operation of the existing facilities until such time as they can be abandoned. There is no guarantee that all utilities or obstructions are shown on the Contract Drawings or that the locations indicated are accurate.

The Contractor shall exercise extreme caution in working in the area adjacent to the existing pipelines and utility services. It is essential that all the existing facilities be maintained in service. Construction of the connections between the existing facilities and the new facilities shall be at times and during periods acceptable to the City. The Contractor shall advise the Director in writing of its proposed Construction Schedule for these connections at least fortyeight (48) hours in advance.

For Council Approval
Not for Construction
GC - 5:39
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] The Contractor shall uncover all piping and conduits, to a point one foot (1') below the pipe, where crossings, interferences, or connections are shown on the Contract Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service. If the Contractor does not expose all required utilities, it shall not be entitled to additional compensation for Work necessary to avoid interferences nor for repair to damaged utilities. Excavations around underground electrical ducts and conduits shall be performed using extreme caution to prevent injury or damage to workers and to the electrical ducts or conduits. 5-1.31 PROPERTY RIGHTS IN MATERIALS. Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or soil or after partial payment has been made as provided in Section 7-1.07, “Progress Payments,” of these General Conditions for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in said Section 7-1.07.
5-1.32 COURT ORDERED DELAY. If, pursuant to court order, the Department temporarily suspends performance of all or any portion of the Work, an extension of time determined pursuant to the provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions will be granted.
5-1.33 NO PERSONAL LIABILITY. Neither the Director, nor any other officer or authorized employee of the City, shall be personally responsible for any liability arising under or by virtue of the Contract.

For Council Approval
Not for Construction
GC - 5:40
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS. The Contractor shall make no arrangements with any person or entity to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any third party owner, former owner, or tenant of such land, structure or buildings. The Contractor shall not occupy City-owned property outside the limit of the Work shown on the Contract Drawings unless it obtains prior approval.
5-1.35 ANTITRUST CLAIMS. The Contractor’s attention is directed to the following provision of Public Contract Code Section 7103.5(b), which is applicable to the Contractor and its Subcontractors:
“ In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.

This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties.”
5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS. Shop For Council Approval
Not for Construction
GC - 5:41
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Drawings and Working Drawings submitted to the City by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Agreement, are the property of the City and the City may use, and disclose in any manner and for any purpose, Shop Drawings and Working Drawings delivered under the Contract.

Technical Data including manuals or instructional materials, computer or microprocessor software which are delivered or submitted to the City by the Contractor, Subcontractor, or any lower tier Subcontract pursuant to the Contract are the property of the City, and the City may use or disclose same in any manner and for any purpose.

The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the Work, and shall defend, indemnify and save and hold harmless the City, and its duly authorized representatives, from all suits at law, or in equity, and actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes. In case some materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall:

1. Secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses; or

2. Replace such materials, equipment, devices, processes; or

3. Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City.
5-1.37 PAYMENT OF TAXES. Contractor shall pay all taxes and duties applicable to and assessable against any Work, equipment, materials, services, processes, and For Council Approval
Not for Construction
GC - 5:42
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] operations incidental to or involved in the Agreement, including but not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay them. The Contractor will maintain records that are auditable records, and these records shall be subject to the City’s review to verify that Contractor’s tax payments are current at all times.

The Contract Price paid for the Work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the Department, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.

The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State, or local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
5-1.38 GRATUITIES AND CONFLICT OF INTEREST. The Contractor shall not offer or provide gratuities in the form of gifts, entertainment, loans, meals, rewards, and/or services to representatives of the City, including but not limited to, officers, employees, agents, Engineering Service Consultants, Consulting Engineers and Architects, Inspectors and/or Testing Agencies retained by the City. If it is found that the Contractor has violated this provision, the Contract may be subject to termination for default as defined elsewhere in these General Conditions.

For Council Approval
Not for Construction
GC - 5:43
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] During the term of the Contract and until the final payment has been made to the Contractor, the Contractor shall not employ or compensate in any manner whatsoever, the City’s officers, employees and authorized representatives, agents, and any Engineering Service Consultants, Consulting Engineers and Architects, Inspectors, and/or Testing Agencies retained by the City. Any exception to the employment or compensation to any of the above named parties must be made in writing by the City. If the Contractor offers or provides employment or compensation to those named above during the term of the Contract, the Contract may be subject to termination for default.
5-1.39 COOPERATION. Should construction be under way by City forces or other forces or by other Contractors within or adjacent to the limits of the Work or should Work of any other nature be under way by such forces within or adjacent to said limits, the Contractor shall cooperate with all such forces to the end that any delay, interference or hindrance to their Work will be avoided. The right is reserved to perform other or additional Work at or near the site at any time, by the use of such forces.
5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS. In the event any work involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, City and Contractor shall comply with the following:

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

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

For Council Approval
Not for Construction
GC - 5:44
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

2. Subsurface or latent physical conditions at the site differing from those made available to Contractor for inspection as provided in the project proposal.

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

B. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a Change Order under the procedures described in the Contract.

C. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. However, no claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. 5-1.41 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, the Contractor and its subcontractors shall have a continuing legal obligation to maintain current For Council Approval
Not for Construction
GC - 5:45
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] registration with the Department of Industrial Relations. The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
RIGHTS-OF-WAY. The Contractor need not obtain a separate encroachment permit from the City prior to construction within street rights-of-way or other City rights-of-way. Execution of the Contract by the City shall be deemed an encroachment permit for work required by the Contract within rights-of-way. All work shall conform to the rules and regulations of encroachment permits and shall be subject to the inspection and approval of the Director and City Engineer.

To the extent indicated in the Contract Drawings, the City will provide the rights-of-way over private lands or the site to enable the Contractor to perform its work. The Contractor shall be solely responsible for securing any additional rights-of-way desired by the Contractor. The City will not be a party to nor assume any liability for any separate agreements reached between the Contractor and any third parties with respect to these additional rights-of-way. The Contractor shall procure evidence that agreements are in place with said third parties before the Contractor uses those areas covered by the agreements. Any damage to such private lands caused by the Contractor’s operations shall be the sole responsibility of the Contractor.

For Council Approval
Not for Construction
GC - 6:1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 6

PROSECUTION AND PROGRESS
6-1.01 SUBLETTING AND SUBCONTRACTING. The Contractor shall be responsible for all Work performed under the Contract. The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its control. Nothing in the Contract Documents shall create any contractual relationship between the City and any Subcontractor. The Contractor is fully responsible to the City for the acts and omissions of its Subcontractors of any tier. When any Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Director, that Subcontractor shall not again be employed on the Work.

Although the sections of the Contract may be arranged according to various trades, or general grouping of the Work, the Contractor is not obligated to sublet the Work in such manner. The Director will not arbitrate disputes among Subcontractors or between Contractor and one or more Subcontractors concerning responsibility for performing any part of the Work.

The on-site production of materials produced by other than the Contractor’s own forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the Work shall conform to the requirements relating to labor set forth in the Contract Documents.

The Contractor shall also be responsible for coordinating the Work performed by Subcontractors and Suppliers.

The Contractor shall not substitute any person as Subcontractor in place of a Subcontractor listed on its bid proposal without the written approval of the Director.

Substitutions must be in accordance with the provisions of the “Subletting and Subcontracting For Council Approval
Not for Construction
GC - 6:2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Fair Practices Act” beginning with Public Contract Code Section 4100. Violations of this Act by the Contractor may subject it to penalties which may include cancellation of Contract, Assessment of ten percent (10%) of the Subcontractor's bid, and disciplinary action by the Contractors State License Board.

The Contractor shall pay any Subcontractors approved by the City for work that has been satisfactorily performed no later than seven (7) Days from the date of Contractor’s receipt of progress payments by the City. Within seven (7) Days after receipt from the City of funds attributable to work performed by a Subcontractor, Contractor shall release any retainage payments withheld to the Subcontractor. In the event Contractor does not make progress payments or release retention to Subcontractors in accordance with the time period specified herein, Contractor may be subject to prompt payment penalties per statute. 6-1.02 ASSIGNMENT. The performance of this Contract may not be assigned, except upon the written consent of the City Council of the City of Roseville. Consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of their responsibilities under the Contract nor will the City consent to any assignment of a part of the Work under the Contract.

The Contractor may assign moneys due or to become due to it under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the Work in the event that the Contractor should be in default therein. 6-1.03 BEGINNING OF WORK. After the execution of the Contract by both For Council Approval
Not for Construction
GC - 6:3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] parties, the City will issue the Notice to Proceed upon its determination that it is appropriate for the Contract Time to commence.

The Contractor shall begin Work within fifteen (15) Days after receiving the Notice to Proceed from the Director, subject to the requirements stated elsewhere in the Contract Documents regarding, among other things, the submittal of Baseline Schedule, and shall diligently prosecute the same to completion within the time limit provided in the Supplemental Conditions. Contractor shall also achieve any and all Contract milestones as described elsewhere in the Contract Documents.

The Contractor shall notify the Director, in writing, of its intent to begin Work at least seventy-two (72) hours before Work is begun. The notice shall be delivered to the Director and shall specify the date the Contractor intends to start. If the project has more than one (1) location of Work, a separate notice shall be given for each location.

The Contractor is not authorized to perform any Work until it has received a Notice to Proceed from the City. Should the Contractor begin Work in advance of receiving notice that the Contract has been approved as above provided, any Work performed by it in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer unless said Contract is so approved thereafter. 6-1.04 PROGRESS SCHEDULE.

A. Preliminary Progress Schedule. The Contractor shall submit to the Director, within twenty (20) Days after date of the Notice to Proceed, a Preliminary Progress Schedule covering the Contractor's activities over the first three (3) months of operation in detail and the remainder of the project in summary. The Preliminary Progress Schedule shall schedule the project within the Contract Time for completion of the Work, and shall be subject to For Council Approval
Not for Construction
GC - 6:4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] favorable review by the Director.

B. CPM Schedule. The Contractor shall submit an acceptable Critical Path Method (CPM) Schedule to the Director within thirty (30) Days after the receipt of the Notice to Proceed. Subsequent revisions to said schedule shall be submitted as set forth hereinafter. The requirement for the CPM schedule is included to allow for adequate planning and execution of the Work, to determine the critical nature of delays, and to assist the Director in appraising the reasonableness of the proposed schedule and evaluating progress of the Work. The CPM schedule submitted under this Section shall utilize a CPM format, either the precedence or arrow diagramming method. The definitions of CPM terms and functions shall be as provided in the Associated General Contractors of America book CPM in Construction, A Manual for General Contractors, or a favorably reviewed alternative publication or reference. No progress payment will be made prior to submission and acceptance of the CPM Schedule.

1. The CPM schedule system shall consist of diagrams and accompanying mathematical analyses. The diagrams shall show elements of the project in detail and an entire project summary. Diagrams shall show the order and interdependence of activities and sequence in which the Work is to be accomplished as planned by the Contractor. The basic concept of a network analysis diagram shall be followed to show how the start of a given activity is dependent on the completion of preceding activities and its completion restricts the start of following activities. Detailed network activities shall include, in addition to construction activities, the submittal and favorable review of samples of material and Shop Drawings, the procurement of critical materials and equipment, fabrication of special material and equipment, and their Installation and testing. All activities of the City and the Director that affect progress and required Contract dates for completion of all or parts of the Work shall be shown. The For Council Approval
Not for Construction
GC - 6:5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] selection and number of activities shall be subject to favorable review by the Director. Summary networks shall be time scaled. Durations shall be in Days and shall not exceed fifteen (15) Days, except for submittal and delivery items. Where the duration of continuous Work exceeds fifteen (15) Days, Work items in the Construction Schedule shall be subdivided by location, approximate stationing or other sub-element of the Work.

The graphic network diagram shall include for each activity, the description, activity number, the estimated duration in Days, and all activity relationship lines.

The network diagram shall be drawn for the early start of activities. All significant Submittals shall be scheduled along with manual Submittals and training on all large or critical pieces of equipment. If the precedence technique is utilized, the schedule project shall include a calendar in Work Days, a network report sorted by early start and a logic table report sorted by preceding Work item. If the arrow technique is utilized, the schedule report shall include a calendar in Work Days, a network report sorted by early start, a network report sorted by I-J numbers, and a network sorted by slack time and I-J numbers.

2. The critical path shall be shown on all reports and on the graphic network diagram. The activities which constitute the critical path shall be identified.

3. The mathematical analysis of the network diagram shall include a tabulation of each activity. The following information shall be furnished as a minimum for each activity:
(a) preceding and following event numbers
(b) activity description and number
(c) estimated duration of activities
(d) earliest start date (by calendar date)
For Council Approval
Not for Construction
GC - 6:6
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] (e) earliest finish date (by calendar date)
(f) actual start date (by calendar date)
(g) actual finish date (by calendar date)
(h) latest start date (by calendar date)
(i) latest finish date (by calendar date)
(j) slack or float
(k) percentage of activity completed

4. The program shall be capable of accepting revised completion dates as modified by approved time adjustments and recomputations of all tabulation dates and float accordingly.

5. Submission and review of the system shall be as follows:
(a) The complete network analysis system, consisting of the detailed network mathematical analysis and network diagrams, shall be submitted within thirty (30) Days after receipt of the Notice to Proceed.
(b) The Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the Director. Any revisions necessary as a result of this review shall be resubmitted for review by the Director within ten (10) Days. When completed, the favorably reviewed schedule shall then be the schedule to be used by the Contractor for planning, organizing and directing the Work and for reporting progress. If the Contractor thereafter desires to make significant changes in its method of operating and scheduling, the Contractor shall notify the Director in writing stating the reasons for the change. (c) The Contractor shall submit at monthly intervals a report of the actual construction progress. Each monthly report shall cover a period of approximately thirty For Council Approval
Not for Construction
GC - 6:7
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] (30) Days ending around the 20th of each month. The monthly reports shall be submitted within ten (10) Days of the end of the reporting period.
(1) If the project is proceeding on schedule, the monthly update report may consist of a marked-up copy of the graphical network diagram. This submittal shall clearly indicate the status of any minor shifts in sequence or schedule and the estimated completion date or percent complete of all activities currently in progress. The Contract completion date shall also be indicated. The Contractor shall submit a narrative report relating to status of construction, the schedule, and factors which may affect the remainder of the schedule. The report shall show the activities or portions of activities completed during the reporting period. The report shall state the percentage of the Work actually completed and scheduled as of the report date and the progress along the critical path in terms of Days ahead or behind the allowable dates. (2) If, in the opinion of the Director, the project is behind schedule, the monthly report shall include a revised network diagram and/or mathematical analysis showing the Contractor's proposed revised schedule. An analysis of the effect that the delay has on progress along other paths shall also be included in the report. The Contractor shall also submit a narrative report with each updated analysis which shall include but not to be limited to a description of current and anticipated problem areas, delaying factors and their impact, and an explanation of corrective actions taken or proposed.
(3) Periodic report shall be submitted in sufficient copies to cover Contractor needs plus five (5) copies and an available electronic copy to be retained by the Director.

For Council Approval
Not for Construction
GC - 6:8
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

6. To the extent that the favorably reviewed initial Construction Schedule, or revisions thereto, indicate anything not jointly agreed upon, it shall be deemed to be not favorably reviewed by the Director. Any omission of Work from the detailed schedule, otherwise required for Contract compliance, will not excuse the Contractor from completing such Work within any applicable completion date. The CPM schedule shall be generated by computer methods.

C. Schedule Review. Once each month, on a date mutually agreed upon, but no later than seven (7) business days after the monthly schedule progress report date, a Work Site meeting will be held to review the Construction Schedule and job progress. The Contractor shall also attend weekly meetings scheduled by the Director to review the progress of the Work in the preceding week and in the subsequent week, coordinate the Work with public agencies or other Contractors as required, and allow the Director to plan his or her activities for testing, inspection, etc.

D. Schedule Revisions. The conditions under which the Director will require revisions of the Construction Schedule include the following:

1. When delay in completion of any Work item or sequence of Work items results in an estimated extension of project completion by either twenty (20) business days or by ten percent (10%) of the remaining duration of time to complete the Contract, whichever is less.

2. When delays in Submittals or deliveries make replanning or rescheduling of the Work necessary.

3. When the schedule does not represent actual prosecution and progress of the Work.

For Council Approval
Not for Construction
GC - 6:9
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

4. When any change to the sequence of activities, the completion date for major portions of the Work, or when changes occur which affect the critical path.

5. When Contract Amendments or a Change Order necessitates schedule revision, the Contractor shall submit a schedule analysis of all Change Order Work with its proposal.

E. Cash Flow Projection. A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.

F. Schedules showing project completion dates earlier than specified in the Supplemental Conditions will be rejected unless justification can be provided for early completion.
6-1.05 SCHEDULE OF VALUES. Prior to preparation of the first estimate for a progress payment, the Contractor shall submit for favorable review by the Director a detailed Schedule of Values or cost breakdown of the Work under each bid item awarded. The breakdown will then become the basis for partial payment determination. Elements of Work shall be grouped by structure, pipeline, system, etc. Within each grouping, Work should be itemized by readily measurable quantities of Work complete in place. For example, concrete should be in units of cubic yards including form Work and reinforcing steel. Move-on costs, bond and insurance costs, and Overhead costs shall not be considered an item of cost for this purpose but shall be prorated over items of Work. In the event the Schedule of Values is not favorable reviewed by the Director, another Schedule of Values shall be submitted that is mutually acceptable to the Contractor and the Director. 6-1.06 CITY’S RIGHT TO STOP WORK. The Director shall have the For Council Approval
Not for Construction
GC - 6:10
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] authority to order the Contractor, in writing, to suspend the Work wholly or in part, for such period as the Director may deem necessary due to the failure on the part of the Contractor to correct Work that is not in accordance with the requirements of the Contract Documents or if Contractor persistently fails to carry out Work in accordance with the Contract Documents.

The Contractor shall immediately comply with the written order of the Director to suspend the Work wholly or in part. The suspended Work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Director.

Any stoppage of work under this section shall be at the Contractor’s sole expense, and the Contractor shall have no claim against the City based on the Contractor’s failure to perform the Work in accordance with the Contract Documents.

In addition to the City’s right to stop Work, the City may order the Contractor to submit to the City at no additional cost to the City, additional information concerning Contractor’s planned Work if the Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents. The additional information ordered by the City may include, but is not limited to, preparation of Submittals or Working Drawings not otherwise required to be submitted under the Contract Documents.

In the event the City discovers that the Contractor has created an unsafe condition the City may arrange for other work forces to remedy the condition. Such remedial work shall be at the sole discretion of the City. If this action is required, the City may unilaterally terminate Work under the Contract, and will pay only for the quantities of Work actually performed, less the cost of the City’s remedial Work. In the event that Work is not halted, the Contractor must take immediate steps to correct the situation. There will be no extra payment for Work required For Council Approval
Not for Construction
GC - 6:11
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] to correct unsafe conditions.

The right of the City to suspend the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to and not in restriction or derogation of the City’s other rights under the Contract Documents.

In the event of a suspension of Work under any of the conditions set forth in this Section 6-1.06, such suspension of Work shall not relieve the Contractor of its legal responsibilities as set forth in these General Conditions.
6-1.07 TIME OF COMPLETION. The Contractor shall complete the entire Work, including Installation, repairs, startup, troubleshooting, painting, and touchup, training, submittal or record drawings, and manuals, cleanup, demobilization, and all other Work within the number of Days set forth in the Supplemental Conditions. The time for completion includes an allowance for working time lost due to normal inclement weather.

Extensions of time may be allowed for unusual inclement weather under the provisions hereinafter described. Unusual inclement weather is weather which adversely affects “controlling” operations or the critical path of construction and which meets one of the following criteria:

A. For the particular calendar month in question, the number of individual Days with rainfall exceeding 0.10 inches exceeds the average number of such Days for that month over the immediately preceding five (5) years of record by at least three (3) Days.

B. For the particular calendar month in question, the total cumulative rainfall for that month exceeds the average cumulative rainfall for that month over the immediately preceding five (5) years of record by at least two inches (2”).

For Council Approval
Not for Construction
GC - 6:12
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Rainfall shall be measured at a publicly operated, maintained, and reported station in reasonable proximity to the construction site. A claim for delay shall indicate the period of rainfall which is claimed as “unusual,” the specific dates during which the unusual rainfall and subsequent wet soil conditions prevented Work, and the specific critical path tasks adversely affected by such unusual weather. A claim for delay due to unusual inclement weather shall be filed within ten (10) Days of the apparent end of the unusual inclement rainfall period, whether or not the monthly totals are available at that time. The burden of proof that weather meets the criteria for unusual weather shall be solely the responsibility of the Contractor.

It is the responsibility of the Contractor to order materials required for the Work properly and promptly on a Notice to Proceed. If evidence presented demonstrates that, in spite of the Contractor's efforts, government-established priorities controls delay material deliveries, suitable extension of time will be made.

If performance of extra Work ordered by the City or failure of the City to provide the necessary site for Installation affects construction tasks which are “controlling” or which are on the “critical path” of the Construction Schedule, suitable extensions of time will be made.

The Contractor shall not be entitled to a time extension for delays in activities on non-critical paths of the favorably reviewed schedule unless the duration of the excusable delay exceeds the total float of the activities being delayed. If the duration of an excusable delay does exceed the total float of the activities affected by the delay, the Contractor shall be entitled to an extension equal to the difference.

C. Determination that a day is a non-working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Director. 6-1.08 LIQUIDATED DAMAGES. It is agreed by the parties to the Contract For Council Approval
Not for Construction
GC - 6:13
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] that in case all the Work called for under the Contract in all parts and requirements is not completed within the number of Days as set forth in the Supplemental Conditions, damage will be sustained by the City and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the monetary amount indicated in the Supplemental Conditions in dollars (U.S.) per day for each and every calendar day of delay in completing the Work in excess of the number of Days prescribed and the number of additional calendar days, if any, authorized by Contract Change Order; and the Contractor agrees to pay said Liquidated Damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the Contract.

It is further agreed that in case the Work is not finished and completed in all parts and requirements within the number of Days specified, the City shall have the right to increase the number of Days or not, as it may deem best to serve the interest of the City, and if it decides to increase the said number of Days, it shall further have the right to charge to the Contractor, its heirs, assigns or sureties and to deduct from the final payment for the Work all of any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other Overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension, except that cost of preparation of final statement shall not be included in such charges.
6-1.09 DELAYS AND EXTENSIONS TO THE WORK. The Contractor must complete all Work within the time specified in the Agreement. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering For Council Approval
Not for Construction
GC - 6:14
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] and inspection for any delay in substantially completing the Work (or parts thereof) beyond the time set forth in the Agreement, provided that such delay was caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of public enemy, fire, floods, abnormal weather (as described below), earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes, fire, changes made pursuant to the provisions of “Changes in the Work” under Section 3 of these General Conditions or acts or neglect of the City not contemplated by the Contract Documents.

In all cases, any extension of time is conditioned on the following:

1. That the cause is not due to the fault or negligence of the Contractor, and the Contractor has taken reasonable precautions to prevent and minimize the effects thereof; and

2. That the Contractor notifies the Director in writing within three (3) Days from the beginning of such delay specifying the nature of the delay and the measures that have been or will be taken to prevent or minimize the delay. Failure to submit written notice within this time period shall constitute an absolute waiver of any claim for a time extension.

No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the City documentary proof that it has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, as acceptable to the Director, that the inability to obtain such materials when originally planned did in fact cause a delay in Final Completion of the entire Work which could not be compensated for by revising the sequence of the Contractor’s operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration For Council Approval
Not for Construction
GC - 6:15
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the City that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.

No extension of time will be granted for a delay caused by Contractor’s staff turnovers, understaffing or insufficient quantity of qualified staff able to perform the necessary work.

The term “shortage of materials,” as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract Documents.

No extensions of time will be granted for delays that have no measureable impact on the completion of the Work (or parts thereof) under the Contract Documents. When extensions of time are granted, they will be limited to the period equivalent to the actual number of Days lost on the critical path or controlling operations of the Construction Schedule, taking into account the extent to which that delay could be decreased by reasonable mitigation measures by the Contractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it. Contractor’s failure to submit this analysis will be sufficient cause for denial of any request for a time extension.

Within a reasonable period of time after the Contractor submits the notice and information required by this section, the City will determine whether an extension of time is justified and, if so, the number of days for the extension.

Abnormal weather may be a valid basis for a time extension under the Agreement. “Abnormal Weather” occurs when the number of days of rain above 0.5 inches in a 24 hour For Council Approval
Not for Construction
GC - 6:16
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] period exceeds the average for such rainfall in a particular month as determined by the National Weather Service. The Contractor will only be entitled to, at most, a time extension for the number of days of rain exceeding the average for that month in the locale where the Work is to be performed. If delays are caused by the Contractor or those for whom the Contractor is responsible, the Contractor will only be entitled to, at most, a time extension for the number of rain days exceeding the average for the month when the Work should have been performed.

In addition, before a time extension may be granted for abnormal weather, the Contractor must establish that the rain either significantly impacted at least sixty percent (60%) of the planned work of the controlling operations for a particular day or prohibited at least five (5) hours of work on the controlling operations planned for that day. Contractor shall employ reasonably methods to mitigate the impact of abnormal weather (i.e., dewatering, protection of site, etc.) The occurrence of rain during non-work hours or having minimal impact to work on the controlling operation shall not constitute a day of abnormal weather.

In the event that the project experiences favorable weather for a particular month (e.g., the number of actual rain days in a month less than that indicated above for allowable rain days per months), the additional float resulting from such favorable weather shall accrue to the project.

Any Contractor claim for damages or additional compensation based on delay shall be limited to only those circumstances where the Contractor has fulfilled each of the following three (3) requirements:

1. Contractor has established its entitlement to a time extension pursuant to the provisions described above regarding delay and extensions to the Work.

2. The delay was caused solely by the City’s issuance of changes made pursuant to the For Council Approval
Not for Construction
GC - 6:17
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] provisions of “Changes in the Work” under Section 3 of these General Conditions or by acts or neglect of the City.

3. The delay was unreasonable under the circumstances and not within the contemplation of the parties.

It is expressly understood and agreed that delays caused by the City will be noncompensable when there are concurrent delays caused by the Contractor. Also, the Contractor shall have no entitlement to additional compensation for any delay where there have been concurrent delays caused by non-compensable delays, including, but not limited to, fire, floods, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, and freight embargoes.

Contractor’s damages and/or additional compensation for delays will consist solely of the extended costs of maintaining the Contractor’s Work Site presence. The Contractor will not be entitled to any extended home office overhead.

Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a Force Account basis with the following exceptions:

1. The time for which compensation will be paid will be the actual normal working hours during which such delay conditions exists, but in no case will exceed eight (8) hours in any one day.

2. The days for which compensation will be paid will be each calendar day of the work week (defined elsewhere in the Contract Documents) and Legal Holidays, during the existence of such delay, except that when rental of the equipment is paid for under the provisions in Section 3-1.06C, “Force Account Payment – Equipment,” of these General Conditions, no payment will be made for delays in accordance with the For Council Approval
Not for Construction
GC - 6:18
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] provisions of this section.

Actual loss shall be understood to include no items of expense other than idle time of personnel, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this section and compensation for idle time of personnel will be determined pursuant to Section 3-1.06A, “Force Account Payment – Labor,” of these General Conditions. No markup will be added in either case for Overhead and profit.

The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided pursuant to “Changes to the Work” elsewhere in the Contract Documents. 6-1.10 TERMINATION.
6-1.10A TERMINATION OF AGREEMENT – CONVENIENCE OF
CITY. The Department reserves the right to terminate the Contract at any time and for any reason if the Director determines that to do so would be in the best interest of the City. Any termination which is not based on the circumstances set forth in Section 6.1-10B below shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of Work under the Contract is terminated, and the date upon which such termination becomes effective.

Upon the Contractor’s receipt of a written Notice of Termination for convenience, the Contractor shall cease Work as to those portions of the project so terminated and shall undertake the steps outlined in Section 6-1.10B below.

1. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials except as follows:
a. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 7-1.07, “Progress For Council Approval
Not for Construction
GC - 6:19
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Payments,” of these General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Director certifies that such materials have been stored in the manner and at the locations he or she has directed.
b. The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City.
c. When the Director determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, the Contractor will recommend that the City formally accept the Work, and immediately upon and after such Acceptance by the City, the Contractor will not be required to perform any further Work thereon and shall be relieved of its contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the City.

2. The total compensation to be paid to the Contractor shall be determined by the Director on the basis of the following:
a. The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general For Council Approval
Not for Construction
GC - 6:20
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] administrative Overhead not to exceed a total of seven percent (7%) of Direct Costs of such Work.
b. A reasonable allowance for profit on the cost of the Work performed as determined under subsection (a), provided the Contractor establishes to the satisfaction of the Director that it is reasonably probable that it would have made a profit had the Contract be completed and provided further, that the profit allowed shall in no event exceed four percent (4%) of said cost. c. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the Department or otherwise disposed of as directed by the Director.
d. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.

All records of the Contractor and the Contractor's Subcontractors, necessary to determine compensation in accordance with this Section, shall be open to inspection or audit by representatives of the Department at all times after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, and such records shall be retained for that period.

After Acceptance of the Work by the Director, the Director may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.

For Council Approval
Not for Construction
GC - 6:21
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] In the event that the City terminates this Contract under Section 6-1.10B below and it is determined for any reason that there was not sufficient cause to do so, the City’s termination automatically will convert to a termination for convenience under this section and the terms and conditions outlined in this section automatically will be applied to effectuate the Contract termination. Thus, damages to which a Contractor may be entitled as a result of an improper default termination will be limited to the amounts provided for in this section.

The provisions of this section shall be included in all subcontracts. 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE. An
“Event of Default” as referred to in this section shall occur if the Contractor:

1. Fails to maintain progress of the Work in accordance with the requirements of the Contract Documents; or

2. Fails to prosecute the Work or any of its components in accordance with the Contract Documents; or

3. Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper material to permit the performance of the Work in accordance with the Contract Documents; or

4. Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and the Subcontractor and Contractor and Supplier; or

5. Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the Work; or

6. Abandons, assigns or sublets the Contract without approval of the City; or

7. Becomes bankrupt or is subject to appointment of a receiver on behalf of the For Council Approval
Not for Construction
GC - 6:22
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Contractor; or

8. Otherwise is guilty of a substantial breach of a provision of the Contract Documents.

Upon the City’s reasonable belief that there has been an Event of Default by the Contractor, the City may elect to give the Contractor written notice thereof. The Contractor thereafter shall cure the default as soon as possible and in no event after ten (10) Days from the Contractor’s receipt of the City’s written notice.

If the Contractor does not timely cure its default, the City may, without waiver of any of its other rights and remedies, elect to terminate the Contract, or portion thereof.

Upon the City’s election to terminate the Contract, or portion thereof, the City shall have the right to complete the Work, or portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor’s materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the Work, or a portion of them, without being responsible to the Contractor for wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City’s sole judgment, best accomplish such completion.

The expense of completing such Work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Agreement, then the Contractor or its surety or sureties shall promptly pay the amount of For Council Approval
Not for Construction
GC - 6:23
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] such excess so due. When the City terminates the Contract under this section, the Contractor shall not be entitled to receive any further payments until the Work is completed and there has been a final settlement of costs of completing the Work covered by such notice of default.

The City will issue to the Contractor a written notice specifying that the Contract, or portion thereof, is terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the City, the Contractor shall:

1. Stop all Work under the Contract; or if partial termination, stop Work relating to the terminated portion of the Agreement;

2. Perform Work the City deems necessary to secure the Work Site for termination including measures to leave the Work Site in a safe condition;

3. Remove equipment from the site of Work, as specified by the City;

4. Take such action as is reasonably necessary to protect materials from damage;

5. Notify all Subcontractors and Suppliers that the Contract or portion thereof is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the City;

6. Provide the City with an inventory list of all materials previously produced, purchased or ordered from Suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the City may request;

7. Dispose of materials not used in the Work as directed by the Director. It shall be the Contractor’s responsibility to provide the City (a) with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made by the City and (b) with bills of sale or other documents of title for such For Council Approval
Not for Construction
GC - 6:24
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] materials;

8. Subject to the prior written approval of the City, settle all outstanding liabilities and all claims arising out of Subcontractors or orders for materials terminated hereunder.

To the extent directed by the City, the Contractor shall assign to the City all rights, title and interests of the Contractor under subcontracts or orders for materials terminated hereunder. The City shall be at liberty to negotiate with and engage any Subcontractors who had contracted with the Contractor for the Work;

9. Furnish the City with the documentation required to be furnished by the Contractor under the provisions of the Contract Documents, including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Agreement; and

10. Take such other actions as the City may direct.

If only a portion of the Work has been terminated, the Contractor shall perform the remainder of the Work in conformity with the Contract Documents and in such a manner as not to interfere with the City or others in their performance and completion of the portion of the Work which was terminated.

The City may recover from the Contractor the amount of any loss or damage, including consequential damages, suffered or incurred as a result of the Contractor’s default.

For Council Approval
Not for Construction
GC - 7:1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 7

ACCEPTANCE AND PAYMENT
7-1.01 ACCEPTANCE. When the Contractor believes that the entire Work is fully and finally completed, including the satisfactory completion of inspections, tests, and documentation specified in the Contract Documents and completion of all punch list and cleanup items, the Contractor shall submit to the City a written request for final Acceptance within fifteen (15) Days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed. Within thirty (30) Days after receipt of the request for final Acceptance, the City will inspect the Work and will either:

1. Reject the request for final Acceptance, specifying the defective and/or uncompleted portions of the Work; or

2. Notify the Contractor that the Work will be accepted by Resolution of the City Council of the City of Roseville, and a Notice of Completion will be caused to be recorded by the City Clerk; or

3. Notify the Contractor that the Work has been accepted by the City but no Notice of Completion will be recorded.

If the City rejects the request for final Acceptance, the Contractor shall promptly remedy the defective and/or uncompleted portions of the Work. Thereafter, the Contractor shall again submit a written request for final Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the Work were corrected. Thereafter, the foregoing procedure shall apply successively until the City has verified that the Work is fully and finally completed and accepted the Work by Resolution of the City Council or by written For Council Approval
Not for Construction
GC - 7:2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] notification from the Director. Immediately upon such Acceptance, the Contractor shall be relieved of the duty of maintaining the Work as a whole.

All warranties commence upon final Acceptance of the Work. The City’s final Acceptance of the Work shall not be construed as an acceptance by the City of any latent defects discovered with regard to the Contractor’s work. Furthermore, Contractor’s obligations under Section 5-1.22 “Responsibility for Damage and Indemnification” shall still remain applicable after the City’s grant of final Acceptance of the Work.

Prior to final Acceptance, the Contractor shall submit to the City the Record Documents and Operation and Maintenance Manuals as specified in the Contract Documents. 7-1.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed Work and for performing all Work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the Work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the Director and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the Work as provided in the Contract; and for completing the Work according to the Contract. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective Work or material.

No compensation will be made in any case for loss of anticipated profits. 7-1.03 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the payment of any additional compensation for any act or failure to act by the City, For Council Approval
Not for Construction
GC - 7:3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] including failure or refusal to issue a Change Order, or for the happening of any event, thing, occurrence or other cause unless the Contractor has given the City due written Notice of Potential Claim as hereinafter specified, provided, however, that compliance with this Section 7-

1.03 shall not be a prerequisite as to matters within the scope of the notice provisions in Section 6-1.07, “Time of Completion,” or the notice provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions, nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.

The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The said Notice as above required must have been given to the Director prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Director, or in all other cases within seven (7) Days after the happening of the event, thing, occurrence or other cause giving rise to the potential claim.

If the Notice of Potential Claim does not include complete information about the claim or the parties do not execute a Contract Change Order in connection with the Notice of Potential Claim, Contractor shall submit complete information about its claim for additional compensation and/or extension of time for performance within fifteen (15) Days after such work is performed.

Failure to provide written notice of claim prior to undertaking such work or failure to timely submit a complete and specific information about the claim for additional compensation and/or extension of the time for performance shall be deemed a waiver and abandonment of such claim.

If there is a dispute over any claim, the Contractor shall continue to Work during the dispute resolution process in a diligent and timely manner as directed by the City, and shall be For Council Approval
Not for Construction
GC - 7:4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] governed by all applicable provision of the Agreement.

The Contractor shall maintain cost records of all Work that is the basis of any dispute.

On a daily basis, Contractor shall submit to City completed daily forms, the format of which will be acceptable to the City, with respect to the Contractor’s costs of performing the disputed work.

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

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

Contractor shall provide a clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of time and/or compensation sought pursuant to the claim; if Contractor’s claim arises from an ongoing occurrence, Contractor shall so state in its claim, including a description of the specific Work activities affected by the claim. All costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the circumstances together with complete supporting documentation.

The City will review any timely Notice of Potential Claim and supporting information For Council Approval
Not for Construction
GC - 7:5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] submitted by Contractor. In conducting this review, the City shall have the right to require the Contractor to submit such additional or supporting documents, data and other information as the City may require.

If an agreement can be reached which resolves the Contractor’s claim, the parties will execute a Contract Change Order to document the resolution of the claim. If the parties cannot reach agreement with respect to the Contractor’s claim, the Contractor shall still be obligated to comply with the claim identification provisions identified in these General Conditions, including but not limited to Section 7-1.04.

It is the intention of this Section 7-1.03 that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Director at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that it shall have no right to additional compensation for any Claim that may be based on any such act, failure to act, event, thing or occurrence for which no timely written Notice of Potential Claim as herein required was filed. 7-1.04 CLAIMS. Contractor must submit all Claims, for which it has previously submitted a Notice of Potential Claim, prior to Acceptance of the Work. Each such Claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the Claim.

Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed forty-five (45) Days, or such further time as mutually agreed upon or necessary pursuant to Public Contract Code Section 9204, the City shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. If the City does not respond to a Claim from the Contractor within the time For Council Approval
Not for Construction
GC - 7:6
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] specified herein, such Claim shall be deemed rejected in its entirety.

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

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

Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be resolved in accordance with Section 7-1.05 below.
7-1.05 DISPUTE RESOLUTION PROCEDURE. All Claims not resolved For Council Approval
Not for Construction
GC - 7:7
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] pursuant to Section 7-1.04, shall be resolved pursuant to Public Contract Code Section 10240, et seq.
7-1.06 STOP PAYMENT NOTICES. The City, by and through the Department or other appropriate office or officers, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims, filed pursuant to Civil Code Section 9350, et seq., including an amount to provide for the reasonable cost of any litigation thereunder. 7-1.07 PROGRESS PAYMENTS. Within fifteen (15) Days after the effective date in the Notice to Proceed, but in any event prior to Contractor’s first Application for Payment, the Contractor shall submit to the City a detailed Schedule of Values.

Upon its approval, the Schedule of Values will form a basis for determining the compensation payable to the Contractor based on its actual progress of Work with respect to each Lump Sum bid item. The City, prior to any progress payment being made, must approve the Schedule of Values.

At the Director’s discretion the approved Schedule of Values may be used as the basis for calculating the adjustment in compensation for a lump sum bid item due to changes ordered by the Director. When an ordered change increases or decreases the quantities shown in an approved Schedule of Values, at the Director’s discretion, the adjustment in compensation may be determined in the same manner specified for increases and decreases in the quantity of a bid item of work in accordance with Section 3-1.05(B), “Contract Price Adjustment,” of these General Conditions.

The Contractor once in each month shall submit an Application for Payment, for approval by the Director. Contractor’s Applications shall be based on the Schedule of Values submitted to the City. These applications shall be supported by: (1) documentation requested by the City to For Council Approval
Not for Construction
GC - 7:8
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] substantiate the payment request; (2) statutory releases from Contractor and all Subcontractors and suppliers pursuant to Civil Code Sections 8132 and 8138; and (3) certified payroll records for the period for which payment is requested. Specifically, the Contractor will submit conditional waivers upon progress payment executed by all contractors and suppliers that will be receiving sums sought in the instant payment request and also submit unconditional waivers upon progress payment executed by all contractors and suppliers that have been paid to the date of the payment request. The Contractor shall certify that the Work for which payment is requested has been accomplished. When requested by the City, the Contractor shall submit receipts, invoices and other documentation that the City requires to be furnished for purpose of evaluating the application.

The City will pay the Contractor within thirty (30) Days after its receipt of an undisputed and properly submitted Application for Payment, after deducting all previous payments, retention, and other sums as described in the Contract Documents. Within seven (7) Days of its receipt of the Contractor’s Application for Payment, the City will determine whether it complies with the provisions of the Contract Documents. As appropriate, the City will return the application to the Contractor accompanied by a document prepared by the City setting forth the reasons for the rejection. Thereafter, the Contractor shall correct and resubmit the Application for Payment. Progress payments may be withheld for Work that is not performed in accordance with the Contract Documents.

The City may deduct the following from each progress payment:

1. An amount equal to one hundred and twenty-five percent (125%) of the amount claimed under any stop payment notice or other lien filed against the Contractor, which includes an amount to provide for the reasonable cost of any litigation For Council Approval
Not for Construction
GC - 7:9
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] thereunder.

2. Any Liquidated Damages or Assessments that have accrued as of the date of the Application for Payment.

3. Any sums expended by the City in performing any of the Contractor’s obligations under the Agreement that the Contractor has failed to perform.

4. Any other sums that the City is entitled to recover from the Contractor under the terms of the Contract including damages to the City’s property.

5. The failure of the City to deduct any of the above identified sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

No such estimate or payment shall be construed to be an acceptance of any defective Work or improper materials.

Under no circumstances will the City make payment to unlicensed Contractors. As a condition of payment, the Contractor is required to maintain the applicable Contractor’s license as identified in the Notice to Contractors for the duration of the Work. 7-1.08 PAYMENT FOR MATERIALS AND EQUIPMENT ON HAND.

Partial payments may be made to the extent of seventy-five percent (75%) of the cost of materials and equipment plus delivery to be incorporated in the Work, provided that such materials and equipment meet the requirements of the Contract Documents and are delivered to acceptable sites on the plant site or at other sites in the vicinity that are acceptable to the City and only with the prior written approval by the City. Such delivered costs of stored or stockpiled materials and equipment may be included in the next progress payment after the following conditions are met:

A. Equipment and materials will only be eligible if given conditional or final For Council Approval
Not for Construction
GC - 7:10
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Acceptance by the Director and are in apparent compliance with favorably reviewed Submittals.

B. Only equipment or materials which have received favorable review of Shop Drawings will qualify.

C. The material or equipment has been stored or stockpiled adequately protected against damage in a manner acceptable to the Director at an approved site.

D. The Contractor has furnished the Director with acceptable evidence of the quantity and the quality of such stored or stockpiled materials or equipment with identification of where they will be incorporated into the project with Specification reference.

E. The Contractor has furnished the Director with satisfactory evidence that the material or equipment and transportation costs have been paid.

F. The Contractor has furnished the City legal title (free of liens or encumbrances of any kind) and lien releases to the material or equipment so stored or stockpiled.

G. The Contractor has furnished the City evidence that the material or equipment so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the Work.

It is understood and agreed that the transfer of title and the City payment for such stored or stockpiled materials or equipment shall in no way relieve the Contractor of its responsibility for furnishing and placing such materials or equipment in accordance with the requirements of the Contract Documents.

In no case will the amount of progress payments for materials or equipment on hand exceed the Contract Price for such materials or equipment or the Contract Price for the Contract item in which the material is intended to be used.

No partial payment will be made for stored or stockpiled living or perishable plant For Council Approval
Not for Construction
GC - 7:11
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] materials.

The Contractor shall bear all costs associated with the progress payment of stored or stockpiled materials or equipment in accordance with the provisions of this Section. 7-1.09 RETENTION ON PROGRESS PAYMENTS. From each progress payment estimate, five percent (5%) will be deducted and held in retention by the City. The remainder, less any deductions described in Section 7-1.07, “Progress Payments,” of these General Conditions, will be paid to the Contractor as progress payments.

Pursuant to Public Contract Code Section 22300, the successful Bidder may submit Securities in lieu of retention payments by the City. Upon the Contractor’s request, the City will make payment of funds withheld from progress payments, pursuant to the requirements of California Public Contract Code Section 22300, if the Contractor deposits in escrow with the City or with a bank acceptable to the City, securities eligible for investment under California Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions:

1. The Contractor shall bear the expenses of the City and the escrow agent in connection with the escrow deposit made.

2. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section.

3. Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall be substantially similar to the form provided in California Public Contract Code section 22300.

For Council Approval
Not for Construction
GC - 7:12
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

4. The Contractor shall obtain the written consent of the surety to such agreement.
7-1.10 FINAL PAYMENT. Final payment will be made only after Contractor has achieved Final Completion of the Work pursuant to the provisions of Section 7-1.01, “Acceptance,” of these General Conditions. Before final payment can be made, the Contractor shall have furnished the City with the following:

1. All Record Documents, catalogues, instruction sheets and information as required by the Contract Documents.

2. Conditional Waivers and Releases Upon Final Payment executed by Contractor and all Subcontractors and Suppliers, as provided by Civil Code Section 8136. Unconditional Waivers and Releases Upon Final Payment, as provided in Civil Code Section 8138, executed by Contractor and all Subcontractors and Suppliers, must be provided for all Subcontractors and Suppliers that have been paid in full.

Within thirty (30) Days of the date of the City’s Acceptance of the Work, the Contractor shall prepare and submit a Final Invoice, showing the proposed total amount due the Contractor, segregated by Bid item quantities, Change Order Work, and other basis for payments; deductions made or to be made for prior payment; and amounts previously retained. Prior invoices and payments shall be subject to correction in the proposed Invoice for Final Payment. Payments to the Contractor will be made only for actual quantities of the Contract items of work constructed in accordance with the Contract Documents.

The City will review the Contractor’s proposed Final Invoice and necessary changes or corrections will be forwarded to the Contractor. Within ten (10) Days thereafter, the Contractor For Council Approval
Not for Construction
GC - 7:13
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] shall submit a revised proposed Final Invoice incorporating changes or corrections made by the City together with any new claims resulting therefrom. Upon approval by the City, the corrected proposed Final Invoice will become the approval Final Invoice.

If agreements are reached on all questions regarding the Final Invoice, the City will pay the entire sum found due on the approved application. However, the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Section 9350, et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.

Final payment will be made within thirty (30) Days after receipt of an approved Final Invoice and other required Submittals referenced above or within sixty (60) Days after Acceptance of the work by the City, whichever is later, provided, however, that if an approved Final Invoice has not been submitted within sixty (60) Days after Acceptance of the Work by the City, the City may elect to make payment of sums not in dispute without prejudice to the right of either the City or the Contractor in connection with such disputed sums. Notwithstanding the foregoing, if a Notice of Completion is recorded, final payment shall not be made prior to the expiration of the thirty-five (35) calendar day lien period. The start of this lien period is the date the Placer County Recorder’s Office records the Notice of Completion.

The City may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of any amount in dispute between the City and the Contractor.

The making of Final Payment shall not operate to release the Contractor or its sureties from obligations arising under the Contract, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of claims by the City arising from:

For Council Approval
Not for Construction
GC - 7:14
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

1. Unsettled or future liens;

2. Failure of the Work to comply with the requirements of the Contract Documents;

3. The terms of any warranties required by or contained in the Contract Documents;

4. The right to any insurance proceeds or the right to make any insurance or bond claims;

5. Any claims with respect to Contractor’s obligations of indemnity with respect to claims asserted by third parties; or

6. Any latent deficiencies with the Work or Contractor’s fraud. 7-1.11 CLERICAL ERRORS. Notwithstanding the provisions of Section 7-

1.10, “Final Payment,” of these General Conditions, for a period of three (3) years after Acceptance of the Work, all estimates and payments made pursuant to said Section 7-1.10, are subject to correction for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City agree to pay to the other any sum due under the provisions of this Section 7-1.11, provided, however, if the total sum to be paid is less than $100, no such payment shall be made.
7-1.12 WARRANTY. Notwithstanding inspections and Acceptance by the City of Work furnished under the Contract Documents, the Contractor hereby unconditionally guarantees that all materials and equipment furnished will be of good quality and new, that the Work will be free from defects in workmanship and materials and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

For Council Approval
Not for Construction
GC - 7:15
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] This warranty by the Contractor is in addition to any warranties or guarantees required elsewhere in the Contract Documents. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.

The Contractor hereby agrees to repair or replace any and all Work, together with any other adjacent Work which may be displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or material during the greater of a period of one (1) year after Acceptance of the Work by the City or the period specified in the Special Conditions, without any expense whatsoever to the City, ordinary wear and tear and unusual abuse or neglect excepted.

The Contractor further agrees, that within ten (10) Days after being notified in writing by the Department of any Work not in accordance with the requirements of the Contract Documents or of any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of this warranty, and to complete such Work within a reasonable period of time. In the event Contractor fails to comply, it does hereby authorize the Department to proceed to have such Work done at the Contractor's expense and the Contractor will honor and pay the cost and charges therefore upon demand. The Department shall be entitled to all costs and expenses, including reasonable attorneys’ fees, necessarily incurred upon the Contractor's refusal to honor and pay the above costs and charges.

All warranties set forth in the Contract Documents shall be deemed cumulative and not alternative or exclusive. Nothing contained in this section shall be construed to establish a period of limitation with respect to any other obligation, which Contractor has under the Contract Documents or under any separate warranty or guaranty required thereby. The establishment of a For Council Approval
Not for Construction
GC - 7:16
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] specific warranty period relates only to the specific obligation of Contractor to correct defective Work, and it has no relationship to the time within which its obligation to comply with the Contract Documents or applicable provision of law may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the Work. Without limiting the foregoing, it is understood and agreed that Contractor shall remain responsible for latent defects with its work, regardless of the expiration of any warranty period set forth in the Contract Documents. 7-1.13 WARRANTY OF TITLE. No material, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment Installed or incorporated in the Work and agrees upon completion of all Work to deliver the Premises, together with all improvements and appurtenances constructed or placed thereon by it, to the City free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by this Contract shall have any right to a lien upon the Premises or any improvement or appurtenances thereon. Provided, that this shall not preclude the Contractor from Installing metering devices and other equipment of utility companies, the title of which is commonly retained by the utility company. In the event of the Installation of any such metering device or equipment, the Contractor shall advise the City as to the legal owner thereof. Nothing contained in this paragraph, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection or any rights under any law permitting such persons to look to funds due the Contractor in the hands of the City.

For Council Approval
Not for Construction
GC - 7:17
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] The provisions of this paragraph shall be inserted in all subcontracts and material Contracts, and notice of its provisions shall be given to all persons furnishing materials for the Work when no formal Contract is entered into for such materials.
[END OF GENERAL CONDITIONS]
For Council Approval
Not for Construction
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

SUPPLEMENTAL CONDITIONS
Project: Duke Davis Park Water Feature Renovation Project (Re-Bid) For Council Approval
Not for Construction
SC - 1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] Scope of Supplemental Conditions

1. The Work shall be performed in accordance with the General Conditions and Department Standards, except as the General Conditions may be modified by the following additional City Standards, incorporated herein by this reference, if so indicated.

COMMUNITY DESIGN GUIDELINES
311 Vernon Street, Roseville, CA 95678

SPECIFICATIONS FOR COMMERCIAL

CONSTRUCTION (ELECTRIC)
2090 Hilltop Circle, Roseville, CA 95747

PARKS CONSTRUCTION STANDARDS
316 Vernon Street, Suite 400, Roseville, CA 95678

DESIGN AND CONSTRUCTION STANDARDS
311 Vernon Street, Roseville, CA 95678
OTHER
Above documents are available at: www.roseville.ca.us.

2. Numbering in these Supplemental Conditions conforms to that in the General Conditions. The existence of a section in these Supplemental Conditions means that the corresponding section in the General Conditions is modified in some respect. Unless otherwise specified, the modified General Condition is deleted entirely and the provisions of these Supplemental Conditions are substituted.

For Council Approval
Not for Construction
SC - 2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 1. DEFINITIONS AND TERMS
1-1.24 DEPARTMENT. Section 1-1.24 of the General Conditions is amended to include the following:

The Department for Contract Administration is the Parks, Recreation & Libraries Department of the City of Roseville.

For Council Approval
Not for Construction
SC - 3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 2. CONTROL AND SCOPE OF THE WORK
2-1.08 SUBMITTALS. Section 2-1.08 of the General Conditions is amended to include the following:

The time allowed for review of each submittal is (10) business Days after receipt of the submittal by the Director.

For Council Approval
Not for Construction
SC - 4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 3. CHANGES IN THE WORK
There are no amendments to the General Conditions.

For Council Approval
Not for Construction
SC - 5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 4. CONTROL OF MATERIALS
There are no amendments to the General Conditions.

For Council Approval
Not for Construction
SC - 6
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 5. LEGAL RELATIONS AND RESPONSIBILITY
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. Section 5-1.14 of the General Conditions is amended to include the following:

To the best of the City's knowledge, asbestos is not present in the vicinity of the Project. Additional information shall be made available to Contractor upon request.

For Council Approval
Not for Construction
SC - 7
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 6. PROSECUTION AND PROGRESS
6-1.04 PROGRESS SCHEDULE. Section 6-1.04F of the General Conditions is amended to include the following:

Progress schedules showing project completion dates more than 0 business Days earlier than specified in Section 6-1.07 shall be rejected. 6-1.07 TIME OF COMPLETION. Section 6-1.07 of the General Conditions is amended to include the following:

The Contractor shall begin Work within (10) business days after receiving a Notice to Proceed and shall diligently prosecute the Work to completion. The Work shall be completed within (45) business days of the Notice to Proceed.

If landscaping plants require an establishment period, that period will be (30) calendar days. Start of the establishment should be as outlined in the Specifications. 6-1.08 LIQUIDATED DAMAGES. Section 6-1.08 of the General Conditions is amended to include the following:

The amount of Liquidated Damages is the sum of $800 per Day.

For Council Approval
Not for Construction
SC - 8
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] SECTION 7: ACCEPTANCE AND PAYMENT
There are no amendments to the General Conditions.
[END OF SUPPLEMENTAL CONDITIONS]
For Council Approval
Not for Construction
SPEC
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

SPECIFICATIONS
Project: Duke Davis Park Water Feature Renovation Project (Re-Bid) For Council Approval
Not for Construction
Duke Davis Park Water Feature Renovation Project (Re-Bid) February 2024
Table of Contents

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Roseville City CouncilFebruary 21, 2024

Roseville City Council
February 21, 2024