Roseville City Council
July 16, 2025

GC - 5:6

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] the general prevailing rate of wages applicable to the categories of workers the City anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday, and holiday Work.

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

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

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

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

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

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

GC - 5:7

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a Contractor or Subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contractor for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5.
5-1.06 PAYROLL RECORDS. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by its Subcontractors.

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

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

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

B. The payroll records enumerated under subdivision (A) shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following

GC - 5:8

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] basis:

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

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

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

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

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

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

E. Any copy of the records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or

GC - 5:9

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 labor- management 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

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] shall make available copies of its Health and Safety Plan (HASP) that meets or exceeds applicable Cal/OSHA regulations. The Contractor’s HASP shall also meet or exceed the requirements of any applicable City-wide or departmental specific Injury and Illness Prevention Programs (IIPP) and other HASP programs, procedures, and plans. Potentially applicable HASP programs, procedures, and plans include, but are not limited to, the following:

1. Bloodborne Pathogens Exposure Control Plan;

2. Confined Space Entry Procedure;

3. Electrical Safety Program (Lockout/Tagout);

4. Emergency Action Plans (Site Specific);

5. Fire Prevention Plans (Site Specific);

6. Hazardous Waste Operations Emergency Response Plan (or Equivalent);

7. Hazard Communication Program (SDS’s and Right-to-Know training);

8. Heat Illness & Prevention Plan;

9. Hearing Conservation Program;

10. Hot Work/Welding Procedure;

11. Job Hazard Analyses/Standard Operating Procedures;

12. Traffic Control & Flagging;

13. Excavation/Dig Safe Procedure;

14. Fall Protection Plan;

15. Personal Protective Equipment Plan;

16. Respirable Crystalline Silica Exposure Control Plan;

17. Respirator Program;

18. Soils Management Plan (for contaminated soils); and

GC - 5:12

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

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.

GC - 5:13

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] To ensure compliance with California Labor Code Section 6705, the Contractor shall submit to the City, at least five (5) Days in advance of excavation of any trench five feet (5’) or more in depth, Working Drawings to the Director showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such Working Drawings vary from the shoring system standards established by the Cal/OSHA Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared and signed by a registered civil or structural engineer in the State of California. This in no way relieves the Contractor from the requirement of maintaining safety in all operations performed by the Contractor or the Contractor's Subcontractors and nothing in this section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Cal/OSHA Construction Safety Orders of the Division of Industrial Safety Contractor’s Working Drawings shall be subject to approval insofar as the details affect the character of the finished Work and for compliance with design requirements applicable to the construction when specified or called for, but details of the design will be left to Contractor who shall be responsible for the successful construction of the Work. The City shall approve Working Drawings before any Work involving such drawings is performed. Approval and/or acceptance by the City or its designated agent only constitutes acknowledgment of the submission and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submissions, applicability to areas of intended use, nor implementation of the plans, which are solely the responsibility of the Contractor and its registered engineer.

The Contractor shall perform its Work as not to expose personnel to, or to discharge into the atmosphere from any source whatever, smoke, dust, asbestos, toxic chemicals or other air

GC - 5:14

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 non- hazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limitation, payment of any fines or penalties levied against the City by any agency as a result of such release and shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any claims arising from such release.

For purposes of this section only, the term “claims” shall include:

1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees, or charges imposed by any governmental agency with jurisdiction; and

2. Any claim, cause of action, or administrative or judicial proceeding brought against the City, its officers, agents, employees, and volunteers for any loss, cost (including reasonable attorneys’ fees), damage or liability, sustained or suffered by any person or entity, including the City.

If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state, and local laws, at the expense of the Contractor.

The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results of any tests conducted on the wastes, and, at its cost, to perform additional tests or examine those wastes, prior to disposition. The Contractor shall defend, indemnify, and save and hold harmless the City, its

GC - 5:15

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] officers, agents, employees, and volunteers from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by the Contractor. Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of required regulatory documentation including copies of final manifests shall be supplied to the City.

Contractors or Subcontractors removing one hundred or more square feet (100') of asbestos must be “Certified” in accordance with State law. All Work involving exposure to asbestos and all other hazardous materials shall be performed with protection of personnel in compliance with all applicable regulations and safety requirements including, but not limited to, California Code of Regulations Section 1529, Title 8.

Nothing in these General Conditions is to be construed to permit Work not conforming to governing codes. When Contract Documents differ from governing codes, the Contractor shall furnish and Install the higher standards called for without extra charge. 5-1.08 SUBSURFACE EXCAVATIONS, NOTIFICATION. The Contractor shall contact the regional notification center, “Underground Service Alert,” and schedule its Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities. Without limiting the foregoing, the Contractor’s attention is directed to Government Code Sections 4216 to 4216.9, and in particular Section 4216.2. 5-1.09 PUBLIC SAFETY. The Contractor shall assume all responsibility for public safety during the performance of its Work, and all costs arising therefrom shall be included in the Contract Price. Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs, and other devices and take such other protective measures as are

GC - 5:16

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County, or local agency that owns the right-of-way.

The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, all safety and first aid requirements prescribed by all applicable Federal, State, and local laws and regulations, rules, and orders. The Work shall be done in a safe manner; and the Contractor shall safeguard the safety and health of its employees, Subcontractors, and the people of local communities. The Contractor shall also be reasonable for ensuring that its Subcontractors comply with the provisions of this section.

Upon the failure of the Contractor to comply with any of the requirements of this section, the City shall have the authority, but not the duty, to stop the Work until such failure is remedied.

The Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price due to any such suspensions.

When required by the Contract Documents, the Contractor shall construct, maintain, and remove detours for use of public traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions.

The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public traffic.

Due care shall be exercised to avoid injury to existing improvements or facilities, utility

GC - 5:17

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] facilities, adjacent property and trees, shrubs, and other plants that are not to be removed.

Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and Install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the Work Site, or as good as required by the Contract Documents if any such objects are part of the Work. The City may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor, and the costs may be deducted from any monies due or to become due to the Contractor under the Agreement.

The fact that any underground facilities is not shown on the Contract Drawings shall not relieve the Contractor of its responsibility pursuant to “Utility Facilities” in Section 2-1.12 elsewhere in the Contract Documents. It shall be the Contractor’s responsibility, pursuant thereto, to ascertain the location of such underground improvements or facilities, which may be subject to damage by reason of its operations.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the Work involved in protecting or repairing property as specified in this section, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor. 5-1.10 EMERGENCIES. In an Emergency affecting the safety of life, the

GC - 5:18

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Work, or adjoining property, the Contractor, without special instructions or authorization from the City, shall act at its discretion to prevent such threatened loss or injury. In such an Emergency, the Contractor may perform such additional work as is reasonably required. Any compensation claimed by the Contractor on account of Work performed to an Emergency shall be determined in accordance with the provisions relating to Force Account payment contained elsewhere in the Contract Documents.
5-1.11 APPRENTICES. Attention is directed to Labor Code Sections 1777.5, 1777.6 and 1777.7 and Title 8, California Code of Regulations Section 200 et seq. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, a provided therein. The Contractor shall require each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to fully comply with Sections 1777.5 and 1777.6 of the Labor Code. To insure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or Subcontractor should, where some questions exist, contact the Division of Apprenticeship Standards, , or one of its branch offices prior to commencement of Work on the public works Contract. Responsibility for compliance with this section lies with the prime Contractor.

It is State and City policy to encourage the employment and training of apprentices on public works Contracts as may be permitted under local apprenticeship standards. 5-1.12 FAIR LABOR STANDARDS ACT. Attention is invited to the fact that the City has been advised by the Wage and Hour Division, U.S. Department of Labor, that Contractors engaged in construction Work are required to meet the provisions of the Fair Labor Standards Act of 1958 and as amended (52 Stat. 1060).

GC - 5:19

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 5-1.13 WORKERS' COMPENSATION. Pursuant to the requirements of Labor Code Section 1860, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Labor Code Section 3700.

Prior to the commencement of Work, the Contractor shall sign and file with the Director a certification in the following form:
“I am aware of the provisions of Labor Code Section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statues, specified in Government Code Section 11017.

In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the project shall comply with the applicable material requirements of the applicable Air Quality Management District. All containers of solvent, paint, thinner, curing compound, or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements.

Unless otherwise provided in the Supplemental Conditions, material to be disposed of shall not be burned, either inside or outside the Premises.

The Contractor shall also comply with all rules, regulations, statutes and ordinances

GC - 5:20

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 5:21

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 5:22

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 5:23

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 5:24

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 5:25

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 5:26

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 5:27

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 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

GC - 5:28

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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, cross- liability 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

GC - 5:29

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (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.

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

GC - 5:30

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 pollutants, in limits not less than Two Million Dollars ($2,000,000). Contractor shall add the City and all parties required to be indemnified by Contractor as additional insured on all pollution liability policies.

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

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

GC - 5:31

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 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

GC - 5:32

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 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 self- insured 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

GC - 5:33

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.
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

GC - 5:34

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 5:35

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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,

GC - 5:36

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 5:37

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 5:38

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 forty- eight (48) hours in advance.

GC - 5:39

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 5:40

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 right s, 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 fr om 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 c ontractor, without further acknowledgement by the parties.”
5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS. Shop

GC - 5:41

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 5:42

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 5:43

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 5:44

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

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

GC - 5:45

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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. 5-1.43 CALIFORNIA AIR RESOURCES BOARD REGULATIONS. The Contractor shall comply with any applicable regulations of the California Air Resources Board (“CARB”) set forth below.

A. In-Use Off-Road Diesel-Fueled Fleets. If the Contractor will use vehicles subject to Cal. Code Regs., tit. 13, §§ 2449 et seq. for the project, it shall submit a valid

GC - 5:46

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Certificate of Reported Compliance to the City as provided in § 2449(n).

B. Advanced Clean Fleets. Pursuant to Cal. Code Regs., tit. 13, § 2013(i)(1), the Contractor shall submit to the City either a signed statement stating that it is not subject to the High Priority and Federal Fleets regulation of title 13, CCR section 2015 through 2015.6, or a document evidencing that it is listed on the CARB Advanced Clean Fleets webpage as a compliant fleet.

GC - 6:1

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:2

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:3

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:4

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:5

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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)

GC - 6:6

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (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

GC - 6:7

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (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.

GC - 6:8

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

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.

GC - 6:9

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

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

GC - 6:10

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:11

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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”).

GC - 6:12

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:13

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:14

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:15

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:16

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:17

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 non- compensable 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

GC - 6:18

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:19

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:20

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 6:21

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:22

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:23

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 6:24

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 7:1

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 clean- up 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

GC - 7:2

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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,

GC - 7:3

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 7:4

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 7:5

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 7:6

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 7:7

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 7:8

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 7:9

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 7:10

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 7:11

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 7:12

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

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

GC - 7:13

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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:

GC - 7:14

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

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.

GC - 7:15

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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

GC - 7:16

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.

GC - 7:17

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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]

SP - 1

SUPPLEMENTAL CONDITIONS

FOR THE

CITY OF ROSEVILLE

PARKING LOT AT THE MAIDU SOCCER FIELDS

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 STNDARDS
316 Vernon Street Roseville, CA 95678

DESIGN AND CONSTRUCTION STANDARDS
311 Vernon Street Roseville, CA 95678

CALTRANS STANDARD PLANS AND SPECIFICATIONS
dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications

Above documents are available at: www.roseville.ca.us, unless noted otherwise.

2. Numbering in these Supplemental Conditions conforms to that in the General Conditions or for Divisions II through IX conforms to the Caltrans Standard Specifications. The existence of a section in these Supplemental Conditions means that the corresponding section in the General Conditions and Caltrans Standard Specifications is modified in some respect. Unless otherwise specified, the modified General Condition is deleted entirely and the provisions of these Supplemental Conditions are substituted.
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SUPPLEMENTAL CONDITIONS FOR BUILDINGS AND GROUNDS

SP - 2

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SECTION 1. DEFINITIONS AND TERMS

Add to Section 1:

Administrator: The Public Works Director, as created by law, also the City Agency: Department of Public Works, City of Roseville
Bidder: Prime Contractor
Bid book: Bid Proposal
City Council: City Council of the City of Roseville, a Charter City in the State of California Contract Documents: Plans, Notice to Bidder and Special Provisions, and Bid Book and Contract Department of Transportation: State of California Agency Department of Industrial Relations: State of California Agency District: The Public Works Department, City of Roseville Division of Labor Standards Enforcement: State of California Agency Laboratory: The laboratories authorized by the Engineer to test materials and work involved in the contract
Office Engineer: City of Roseville, Department of Public Works Transportation Building: Department of Public Works, City of Roseville

Add to Section 1-1.18:

Plans, Notice to Bidder and Special Provisions, and Project Manual.

Add to Section 1-1.21:

The work shall be diligently prosecuted to completion before the expiration of 35 Working Days. Where the Additional Alternate A is added, an extension of 20 working days will be allowed. Completion of Punch List items is included in the Contract Time. Contract Time does not include the plant establishment period.

Add to Section 1-1.34:

Legal Holidays observed: New Year's Day, Martin Luther King Day, Presidents Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day. When a designated holiday falls on a Saturday or Sunday, the preceding Friday or following Monday (respectively) must be a designated holiday.

Replace the following definitions in Section 1:

Department: Department of Public Works, City of Roseville Director: Director of Public Works, City of Roseville

SP - 3

Engineer: The Director of Public Works/City Engineer, and agents or assistants duly authorized by the Director of the Public Works/City Engineer to act on their behalf

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SECTION 2. CONTROL AND SCOPE OF WORK

Add to Section 2--1.07:

General order of Work shall be as follows:

1. Materials submittal and ordering of all long lead time procurement items.

2. Prepare and submit a Water Pollution Control Plan (WPCP) and Stage Construction Plan.

3. Place and maintain erosion control Best Management Practices (BMP), the BMP’s shall remain in place until paving is completed.

4. Notify Underground Service Alert (USA) at (800) 642-2444 at least seventy-two (72) hours in advance of beginning Work on the Project

5. Locate all underground utilities and protect-in-place

6. Complete Work per Contractor’s stage construction plans Permanent pavement striping shall be installed no later than five (5) Calendar Days after paving. Calendar must be consulted to ensure that days of and between paving and striping do not occur during blackout dates described in Section 2-1.17.

Add to Section 2-1.10:

The contractor shall submit a haul route.

The haul route must be utilized by all construction traffic. Any observed deviation from this route shall result in damages in the amount of $1,000 per occurrence.

Add to Section 2-1.12:

The Contractor must field verify (USA) all existing utilities and shall submit the report to the Engineer prior to beginning any Work. After the construction, the Contractor shall remove all USA markings within the project area. Removal shall be to a standard of what was existing prior to markings or better.

Add to the end of section 2-1.13:

The Contractor shall place and maintain Best Management Practices (BMP) in compliance with the Water Pollution Control Plan, the BMP’s shall remain in place until Work is completed.

Replace Section 2-1.17 with:

Normal working hours at the construction site shall be between the hours of 6:00 a.m. and 3:30 p.m.

Monday through Thursday. Legal holidays are excluded. Construction activity involving noise shall not be allowed to begin before 7 a.m.

During the following black-out dates, work shall not be permitted and site shall be left in a condition where the entire parking area is available for parking:

Tuesday July 29, 2025 – Monday, August 4, 2025
Thursday, September 11, 2025 – Sunday, September 14, 2025 Friday, October 3, 2025 – Monday, October 6, 2025

No night work is anticipated for this project. However, paint striping shall be allowed to occur between dusk and midnight provided no other activities occur in this duration.

Should night work be required, such work shall be conducted 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. When required, ordered, or permitted to Work at night, the Contractor shall provide sufficient and 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.

Add to Section 2-1.18:

Upon completion of the construction staking and prior to acceptance of the contract, submit all computations, survey notes, and other data used to accomplish the work.

Stakes must be wooden hubs with sufficient length to assure solid embedment in the grounds. Use nails only when setting points on existing pavement.

Furnish, set, and maintain construction stakes and marks required for the completion of the work. Set stakes with the accuracy adequate to assure that the completed work conforms to the lines, grades, and sections shown on the plans. Remove construction stakes when no longer needed.

Set grades stakes at even 50-foot stations and at vertical and horizontal transition points.

Coordinate with the City for Vertical Control Benchmark. If you destroy any of the survey control points, replace the control points at your cost. Notify the Engineer before replacing the control points. The Engineer will verify your work.

Add after Section 2-1.19:

Section 2-1.19A:

In order to collaborate with the local community, monitoring of any digging operations shall be conducted by a certified Tribal Monitor. Such monitoring shall be included in the bid item for those operations.

Add to Section 2-1.26:

For the award of the "Project", the City will provide inspection and Resident Engineer (RE) on an eight- hour (8) day and a forty-hour (40) week (Monday through Friday) basis only. You must reimburse the City at a rate of $175/hr for all inspection and $200/hr for RE time in excess of those hours listed above, including designated holidays and weekends. Requests for authorization to perform work outside the hours and days specified on the cover sheet of the approved plans must be made in writing at least 48 hours in advance.

Provide a competent person during normal working hours to assist the Engineer, when required, in checking lines and grades of the Contractor's layout and measuring quantities for payment purposes.

Cooperate with the Engineer so that checking, and measuring may be accomplished with the least interference to your operations. No additional compensation will be made to you for fulfilling this requirement.

SP - 4

SP - 5

Add to the end of Section 7-1.05:

The Department encourages the project team to exhaust the use of partnering in dispute resolution before you submit any potential claims.

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SECTION 3. CONTROL OF MATERIALS

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SECTION 4. CONTROL OF MATERIALS

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SECTION 5. LEGAL RELATIONS AND RESPONSIBILITY

Add to Section 5-1.07:

The use of flaggers, barricades and construction signing shall comply with the current edition of the MUTCD and/or State of California Manual of Traffic Controls for "Construction and Maintenance Work Zones" or as required by the Engineer. All construction traffic control devices shall be in place and operational prior to beginning work on different phases throughout the contract.

Temporary lane closures will be allowed only during approved working hours. Contractor to provide at least one through lane in each direction for two-way traffic on all existing streets throughout the construction project unless otherwise identified in these Special Provisions or approved in writing by the Engineer. Refer to Chart No. 1 and exhibit below for City street closure and working hour restrictions.

Only work that does not require motorized vehicles or power equipment shall be allowed with prior written approval by the Engineer on state, federal and designated holidays and outside of the noted working hours. If work outside the times specified becomes necessary, request authorization from the Engineer to perform work outside of these hours at least 10 working days in advance.

Personal vehicles of your employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic. No equipment will be allowed to be parked within any traffic lane or median after work hours.

Add to Section 5-1.09:

Contractor shall be responsible for informing the public of the site conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. Contractor shall provide and maintain all traffic control and safety items. ContractorYou will provide flaggers as required and you will be responsible for the entire cost of flaggers.

The Contractor shall cooperate, keep current and notify the local police, City public information, public works and fire departments, ambulance services, post office, and trash collectors of his/her construction operation and traffic control changes at least three (3) working days before work is to begin or traffic changes are made. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements in keeping the working area clear of parked vehicles.

SP - 6

Minor deviations from the requirements of this section and these Special Provisions concerning hours of work which do not significantly change the cost of the work may be permitted upon your written request, if in the opinion of the Engineer the public will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order.

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SECTION 6. PROSECUTION AND PROGRESS

Add to Section 6-1.03:

A preconstruction meeting shall be held between Contractor and the Engineer for the purpose of discussing the scope of work, contract drawings, specifications, existing conditions, materials to be tested, equipment to be used, and all essential matters pertaining to the prosecution and the satisfactory completion of the project as required. Contractor’s representatives at this conference shall include all major superintendents for the work and may include major subcontractors and material suppliers.

Contractor shall be responsible to coordinate utilities relocations within the project area. Coordination of utilities within the project limits, including relocations and maintenance of existing facilities shall be confirmed in writing by utility representatives and you prior to the preconstruction meeting or within five (5) working days after the preconstruction meeting.

Add to Section 6-1.09:

The Contractor shall pay to the City of Roseville the sum of $4.000.00 per day, each and every calendar day’s delay in finishing the work (regardless of weather conditions) in excess of the number of working days to complete the entire project. Any payment made after the completion date shall not be construed as a waiver of liquidated damages.

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SECTION 7. ACCEPTANCE AND PAYMENT

Add to the end of Section 7-1.07:

Submit all requests for progress payments using the forms included in Appendix A:

1. Form CC 1: Progress Payment Request - This form is to be completed and signed by you and attached as a cover sheet to each request for payment. This form will be mandatory on all contract payment requests.

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

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

Add to the end of Section 7-1.10:

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

SP - 7

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DIVISION II GENERAL CONSTRUCTION

10 GENERAL

Add to the end of section 10-1.02C(2):

You must protect all irrigation component or systems not identified on the plans to be removed or relocated. Irrigation components/systems to be relocated shall be done before performing any other construction activity in the area.

If you damage any irrigation component or system you will replace it to an equal or better condition at your cost.

Replace section 10-1.02C(3) with:

You must protect all existing landscaping, including trees, not identified on the plans to be removed.

If you damage any landscaping not identified to be removed, you will replace it at your cost.

Add section 10-1.02F:
10-1.02F Potholing for Utilities
It is recognized by you and the City that the locations of existing utilities as shown on the plans are approximate, their actual location is unknown. Recognition is given to the fact there may be additional existing utilities unknown to either party to the contract. Location of utilities, as shown on the drawings, represents the best information obtainable from utility maps and information furnished by the various agencies and companies involved. The City warrants neither the accuracy nor the extent of the actual utilities involved.

All existing utilities are to remain in service and operational during construction. All required relocation of existing facilities which interfere with the work shall be made by the owning agencies or as identified in these Special Provisions and plans.

Perform all operations necessary to excavate, expose, and verify the location of existing utility mains and laterals that may cross or be in conflict with the proposed facilities and at tie-in locations.

Notify Underground Service Alert (USA) at 1-800-642-2444 and all utility companies which have underground facilities within the limits of work 72 hours before beginning any excavation work.

Where a possible at-grade conflict with existing underground utilities appears on the plans, determine its location a minimum of 100 feet ahead of the work prior to trenching unless prior pothole information is shown. Grade and alignment changes must be made only if approved by the Engineer.

The horizontal and vertical locations shown for the existing underground utilities are approximate. It is your responsibility to locate all utility lines in the construction area prior to excavation. Any damage to existing utility, structure, or service, whether or not indicated on the plans must be repaired at your expense in a manner approved by the Engineer.

Submit a report for each pothole. The report must be typed and clearly drawn to show all necessary details, including:

1. Sketch showing the location, date, depth, conditions encountered, person in charge of potholing, and any other information requested by the Engineer

2. Utility and City Public Work person(s) notified
Do not proceed with excavation operations where underground utilities lie as shown on the plans or marked by USA until related potholing work has been completed to the satisfaction of the Engineer. Notify the Engineer of any potential conflicts with underground utilities.

SP - 8

Hand dig as necessary to protect existing utilities.

Notify the Engineer of conflicts in which there is less than two foot of separation between the existing and proposed utility.

Payment for potholing utilities is included in the payment for the various items of work involved.

Replace the paragraph in section 10-1.04 with:
10-1.04A General
Not Used
10-1.04B Preconstruction Conference
As requested by the Engineer, the Contractor and representatives of sub-contractors may be requested to attend a preconstruction meeting. Agenda and preparation and distribution of the meeting minutes must be per the requirements set forth by the Engineer. 10-1.04C Progress Meetings
Schedule appropriately throughout progress of work at weekly intervals, or at intervals determined by the Engineer.

Make arrangements for attendance of appropriate participants, including Subcontractors.

Progress Meeting Agenda must be determined by the Engineer and may include:

1. Review minutes of previous meetings

2. Review of Work in progress

3. Field observations, problems, and decisions

4. Identification of problems which impede progress

5. Review: Submittal schedule; status of submittals; off-site fabrication; delivery schedules; and progress schedule

6. Corrective measures to regain projected schedules, if any

7. Planned progress during succeeding work period; Contractor to provide a three-week “look-ahead” schedule at each meeting; coordination of projected progress; effect of proposed changes on progress schedule and coordination

8. Maintenance of quality and work standards

9. Other business relating to Work
10-1.04D Safety Meetings
Run weekly meetings and require attendance of construction crew and Subcontractors. Record minutes and distribute copies within two calendar days after meeting to participants, the Engineer, and those affected by decisions made.

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12 TEMPORARY TRAFFIC CONTROL

Add to the beginning of section 12-1.01A:

Nothing in these Special Provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 5-1.09.

The Contractor shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. The Contractor shall provide and maintain all traffic control and safety items. The Contractor assumes sole and complete responsibility for job and site conditions during the course of construction, including safety of all persons

SP - 9

and property. This requirement shall apply continuously 24 hours/day and shall not be limited to normal working hours.

Add to the end of section 12-1.05:

At the pre-construction meeting, the Contractor shall submit a traffic control plan showing traffic control measures and/or, if approved, detours for vehicles and pedestrians affected by the construction work. A minimum of five (5) working days will be required to review and provide the Contractor with comments on the plan. The Contractor shall revise the plan per the City's comments until the plan is accepted by the Engineer. The Contractor will not be allowed to begin work until the Engineer has accepted the traffic control plan.

The Traffic Control Plan shall cover all stages of work, per site, and include (but not limited to) the following information and detail: (1) Street closures and detours including pedestrian access and detours; (2) construction, warning, detour and restriction signs, including "No Parking", “Loose Gravel”, “Construction Area Speed limit Signs,” and “Bump Ahead” signs; (3) temporary striping and pavement markers; (4) barricades; (5) flashing arrow signs; (6) lighted message boards; (7) portable delineators; (8) traffic barrels/channelizers; (9) lights, flares, flaggers, spacings, and taper lengths; (10) temporary railing (Type K) and crash cushions; (11) temporary pavement.

A copy of the accepted Traffic Control Plan must be kept at the job site at all times, including Sub- Contractors.

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

Notifications shall be distributed to residents and businesses within a 300 foot radius of the job limits, including residents and businesses located on streets adjacent to the construction.

Notifications to affected residents and businesses within the Project area shall consist of of “door hanger” type formatted notifications. The notification shall state the project name, the working hours, and the anticipated begin and completion dates for the project. The Contractor shall distribute the door hanger notifications a minimum of 5 (five) working days in advance of the work. The City will provide a digital copy of “door hanger” for use by the Contractor.

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

Full compensation for complying with the above requirements shall be considered as included in the contract lump sum price paid for Jobsite Management and no additional compensation will be allowed.

Replace section 12-3.11D with:

Payment for construction area signs is included in the payment for Jobsite Management.

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13 WATER POLLUTION CONTROL

SP - 10

Add to section 13-1.04:

Water Pollution Control shall be provided per The City of Roseville Construction Standards.

Payment for Water Pollution Control shall be included in the payment for the various Contract items of work and no additional compensation will be allowed therefor.

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15 EXISTING FACILITIES

Replace the first paragraph of section 15-1.03B with:

Where concrete is described to be removed, remove the concrete to the bottom of the proposed improvements.

Payment shall be per square foot of concrete removed.

Add to section 15-1.03B:

Section 15-1.03B includes specifications for removing concrete curb, curb and gutter, sidewalk, curb ramp, and pedestrian ramps. Additionally, follow Section 73-10 for the removal of curbs and sidewalks.

Delete the 7th and 8th paragraph of section 15-1.03B

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DIVISION III EARTHWORK AND LANDSCAPE

17 GENERAL

Add to the end of section 17-2.03D:

Surplus materials resulting from clearing and grubbing not to be reused in the project or salvaged to the City shall become the property of the Contractor unless otherwise specified, and he or she shall dispose of surplus materials off the City rights-of-way and easements. The disposal of such materials shall conform to all local ordinances and regulations of the City of Roseville. All costs, charges and fees associated with such disposal shall be borne by the Contractor. Surplus materials are not to be confused with salvaged materials, which shall remain the property of the City and shall be delivered to the City at no extra charge.

Where removal, stockpile, and return of top soil is specified, only the top 3” of existing soil shall be removed and replaced after grading is completed. Payment shall be per cubic yard of undisturbed top soil.

Where removal, stockpile, and return of aggregate base is specified, only the top 6” of rock shall be removed and replaced after grading is completed. Payment shall be per cubic yard of undisturbed aggregate base.

SP - 11

Replace the section 17-2.04 with:

All tree removal shall include root ball removal and shall be paid for per bid item.

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19 EARTHWORK

Add to end of section 19-1.01A
The Contractor shall perform all excavation required for the complete project, to the lines and grades as shown on the Project Plans, as described in these Special Provisions, and as directed by the Engineer.

Replace section 19-1.03B with:

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

Excavate and dispose of unsuitable material encountered below the natural ground surface in embankment areas or below the grading plane in excavation areas as ordered.

When unsuitable material is removed and disposed of, the resulting space shall be filled with material suitable for the planned use. Place and compact suitable material under section 19-5 of the State Standard Specifications. Unsuitable materials shall be removed from the job site and not incorporated into embankments.

Typical treatment for unsuitable base will include excavation of 12 inches of material, placement of Tensar BX1200 Geogrid or equal, and placement of Class II Aggregate Base.

The estimated quantity for “Unsuitable Material” is for bidding purposes only and an estimated 50 cubic yards has been included. The quantity can be extended, reduced, or deleted at the discretion of the Engineer, with no change in the unit bid price. If unsuitable material is discovered, the Contractor will notify the Engineer for approval of excavation and backfill. If the Engineer does not approve that the material is unsuitable prior to excavation and backfill, the Contractor will be responsible for the cost of excavation and backfill.

Payment for Unsuitable Material shall include full compensation for furnishing all labor, materials, tools, equipment, excavation, backfill, geogrid, aggregate base, compaction, removal and incidentals, and for doing all work involved in removing and replacing Unsuitable Material, complete in place, as shown on the plans, as specified in the City of Roseville Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.

Add the end of section 19-2.03A:

Excavated material not reused shall be disposed of in accordance with the provisions of Section 2-1.09, “Disposal of Material Outside the Work Site” and 16-1.04 “Removal and disposal of Materials”, of the State Standard Specifications.

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

SP - 12

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

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

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

Existing asphalt concrete pavement that is to remain intact shall be saw cut in a neat, straight, parallel line. All pavements damaged during the work shall be cut out in a rectangular pattern and removed and paved.

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

Add section 19-2.03I:
19-2.03I Hazardous Material Disposition
During the course of trenching, grading, grinding, or other excavation, should potentially hazardous materials or other questionable materials be encountered, the Engineer shall be contacted immediately.

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

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

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

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20 LANDSCAPE

Add to section 20-1.01A:

Landscape work must comply with provisions in the latest version of City of Roseville's Parks Construction Standards and Supplement.

Notify the Engineer not less than 72 hours prior to requiring initial access to the existing irrigation controllers. When the Engineer determines that access to the controllers is required at other times, arrangements will be made to provide this access.

Add to section 20-3.01A(3)(c):

Submit certificate stating quantity, type, and composition, weight and origin for all amendments and chemicals must be delivered to the City’s Representative before the material is used on the site.

Add to section 20-3.01A(4):

Request at least two working days in advance the following reviews prior to progressing with the work:

SP - 13

1. Completion of rough grading

2. Verification of amendment incorporation depths

3. Finish grade

Provide one-quart sample of proposed amendment to an approved agriculture-based lab. Do not deliver materials to the site until the City’s Representative approves the samples. Contractor is responsible for the testing costs.

Add to section 20-3.01B(3):

Organic Amendment must be nitrogen-treated fir bark conforming to:

1. Physical Properties: 95% - 100% passing, sieve size 6.35 mm (1/4 inch), 80%-100% passing, sieve size 2.38mm (No. 8, 8 mesh), and 0%-30% passing, sieve size 500 micron (no. 35, 32 mesh).

2. Chemical Properties: Nitrogen Content (dry weight basis), 0.4%-0.6% iron content, minimum 0.08% dilute acid soluble Fe on dry weight basis, soluble salts, maximum 3.5 millimhos/centime @ 25 degree C. as determined by saturation extract method; ash – 6.0%.

Add to section 20-3.01B(4)(a):

Fertilizer must be determined from soils analysis results. For purposes of bidding only, assume the use of 6-20-20 commercial fertilizer, 20-10-5 planting tablets by Agriform International Chemicals, Inc., and iron sulfate.

Add to section 20-3.01C(1):

Organic amendment and fertilizer incorporation: Materials determined from the soils test must be uniformly distributed throughout all irrigated planting areas and incorporated to a homogeneously blended soil depth of six inches. Assume per 1000 square feet:
6 cubic yards nitrogen stabilized organic
amendment
30 pounds commercial fertilizer (6-20-20)
10 pounds iron sulfate

Apply iron sulfate cautiously, and avoid contact with concrete, since permanent staining may result. Any such stained concrete must be replaced at your expense.

Plant pits must have their sides and bottoms loosened or otherwise broken to prevent glazed or compacted surfaces, and must be as shown on the planting detail.

Only un-amended soil must be used beneath the root ball; cultivate bottom of plant pit to improve porosity. Backfill around sides of rootball must be the amended soil taken from adjacent prepared areas.

Spread material excavated from plant pits onto adjacent areas as replacement. If additional back fill be necessary, a mixture of one-third organic amendment/fertilizer mix and two-thirds topsoil may be used.

All container plants shall receive plant tablets as follows:

One-gallon plants Two 21-gram tablets
Five-gallon plants Five 21-gram tablets
Fifteen-gallon plants Twelve 21-gram tablets
24 inch box trees Eighteen 21-gram tablets

Space the tablets evenly around the root ball halfway up backfill touching side of root ball. City’s Representative may require excavation of up to 5 percent of all plants selected at random for conformance review.

SP - 14

Finish grade all irrigated planting areas unless otherwise noted, and remove all rocks and clods over one cubic inch to a depth of one inch below finish grade. All areas must be smooth and uniformly graded.

Repair all erosion damage during the construction period.

Unless otherwise noted, all soil finish grades must be one inch below finish grade of walks, pavements, and curbs.

Add to section 20-3.02A:

Request the following reviews prior to progressing with the work:

1. Plant material approval

2. Finish grade

3. Final completion

Replace paragraphs 1 and 2 of section 20-4.01B:

Section 20-4 includes specifications for performing plant establishment work. The plant establishment period must not be less than 90 working days commencing from the date of substantial completion.

Substantial completion is deemed as the time all major plantings, including groundcover, are installed, and when all other work is satisfactorily completed (with the exception of minor items to be completed as noted upon a checklist compiled by the City’s Representative). The maintenance period will not commence until work is deemed substantially complete by the City’s Representative.

Add to section 20-4.02A:

Establishment Period
A. Active maintenance is required throughout the entire establishment period:

1. Immediately replace all dead plants.

2. As necessary, raise all trees and shrubs which have sunk within the plant pit beyond the levels indicated in the Standard details.

3. Keep all areas free of weeds, pests and disease.

4. For trees located in turf areas, maintain a circle free of turf at a distance described in the Standard details
B. Prior to the start of the final thirty (30) days of establishment:

1. All plant replacements shall be completed.

2. All plantings and turf shall be thriving and in a healthy condition.

3. The lack of active maintenance prior to the final thirty (30) days may constitute a delay in the start of the final thirty (30) days of the establishment period.

Final Review
A. The Inspector shall review the site for completion of items noted, but not limited to, “B” below. All corrective action is required to enter into the final thirty (30) days of establishment.

B. The site shall be prepared for review, by ensuring that:

1. All spray heads have been properly adjusted,

2. Dead plants have been replaced,

3. Planting areas have been weeded,

4. Walkways and paved areas have been swept and washed
C. Failure to complete any one or all of the above items may constitute non- performance of the final review and will require re-scheduling. In this case, the cost of the extended establishment period shall be at no additional cost to the City.

SP - 15

Add to section 20-10.02A(1):

Maintain existing irrigation facilities throughout the life of the contract. Before the start of maintaining existing irrigation facilities work, the facilities must be checked for proper operation, and repaired in conformance. Document the condition of existing irrigation facilities. Repair work ordered by the Engineer will be paid for as extra work per Section 3.

Add to the end of 5th paragraph of section 20-10.02C(3):

During winter season, irrigation systems must be operated automatically a minimum of 2 minutes every 2 weeks.

Add to section 20-10.03A(1):

Maintain existing planted areas throughout the life of the contract.

Water existing plants per section 20-4.03G.

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DIVISION V SURFACINGS AND PAVEMENTS

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

39 ASPHALT CONCRETE

Add to section 39-2.01:

Produce and place HMA Type A under the section 39-3, method construction process.

Add to section 39-2.01A with:

Asphalt concrete pavement shall be Hot Mix Asphalt (Type A, 1/2" Maximum Medium Gradation) and conform to the applicable provisions in Section 71, “Streets” of the City of Roseville’s Construction Standards and Section 39 of the State Standard Specifications.

In addition to the requirements specified in this section of the State Standard Specifications, the following shall apply:

Add to section 39-2.02A(2):
processed RAP: RAP that has been fractionated.
substitution rate: Amount of RAP aggregate substituted for virgin aggregate in percent. binder replacement: Amount of RAP binder in OBC in percent.

SP - 16

surface course: Upper 0.2 feet of HMA exclusive of OGFC.

Add to section 39-2.02B(3):

Asphalt binder used in HMA Type A must be PG 64-10.

Add to section 39-2.02B(4)(a):

Aggregate used in HMA Type A must comply with the 1/2-inch HMA Types A.

Replace Not Used in Section 39-2.02D with:

The contract price paid per ton for HMA shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing the asphalt concrete, complete in place, including grading, compaction of base as necessary, and any final cleaning, as shown on the plans, as specified in the City of Roseville Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION VI STRUCTURES

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

51 CONCRETE STRUCTURES

Add to section 51-7.01A:

The following shall also apply:

Drop Inlets
Drop inlets, drainage manholes, inlet structures, pipe outlet access control racks, concrete inlet structures, and other miscellaneous concrete structures shall conform to the Section 101—Drainage of the City of Roseville Construction Standards and Section 51—Concrete Structures of the State Standard Specifications.

Concrete aprons adjacent to drop inlets shall conform to Section 73-1.01 “Miscellaneous Concrete Construction” of these special provisions. Full compensation for concrete aprons shall be considered as included in the contract unit price paid for the adjacent inlet type and no additional compensation is allowed.

Add to section 51-7.01D:

The contract price paid per each for Drainage Inlet (Type C) and (Type F) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing concrete inlet structures and other miscellaneous concrete structures, complete in place, including removal of existing drainage facilities, connection to existing pipes, saw cutting, structure excavation and structure backfill, frames, grates, racks, covers, miscellaneous hardware, and adjustment of frame and grate to grade, as shown on the plans, as specified in the City of Roseville

SP - 17

Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.

52 REINFORCEMENT

Add to section 52-1.04:

Payment for steel reinforcement used for trench drains, drainage inlets, and retaining walls is included in the payment for those items of work.

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DIVISION VII DRAINAGE FACILITIES

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION VIII MISCELLANEOUS CONSTRUCTION

73 CONCRETE CURBS AND SIDEWALKS

Add to section 73-1.01:

Portland Cement Concrete curbs, gutters, sidewalks, curb ramps, valley gutters and driveways shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalks," of the State Standard Specifications and these special provisions.

Prefabricated detectable warning surface shall be in conformance with the requirements established by the Department of General Services, Division of State Architect and be attached in conformance with the manufacturer's recommendations. A sample of the detectable warning surface shall be provided to the Engineer and the City of Roseville for approval.

The manufacturer shall provide a written 5 year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound on cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract.

All concrete shall be Class A, six sack mix unless otherwise specified. For all driveway locations, where early opening to traffic is required, concrete shall be rapid setting concrete.

All newly placed concrete shall be cured in accordance with the provisions in Section 90-1.03B(3)(b) of the State Standard Specifications, the City Standard Construction Specifications, and these Special Provisions. Concrete curing compound shall be clear with fugitive red dye (Street, Section 71-5 Materials, I: Concrete Curing Compound)).

Minor Concrete shall be constructed as shown on the plans and shall conform to the City of Roseville Standard Plans.

Pedestrian ramps shall conform to the City of Roseville Standard Plans ST-26 and ST-27 and shall meet all requirements outlined in the City of Roseville ADA transition plan.

Pedestrian ramp detectable warning surface shall consist of raised truncated domes constructed or installed on curb ramps. Detectable warning surface shall be a prefabricated surface installed on the curb ramp, in accordance with the approved materials within the City of Roseville.

SP - 18

Add to section 73-1.02A:

Concrete must be minor concrete complying with section 90-2 and may contain returned plastic concrete complying with section 90-9, except as follows:

1. For all miscellaneous concrete work except valley gutters, cementitious material content of concrete must be at least 505 lb/cu yd.

2. For valley gutters, cementitious material content of concrete must be at least 590 lb/cu yd.

3. The maximum size of aggregate used for miscellaneous concrete construction shall be 1 inch.

Add to section 73-1.03A:

Do not deviate the shape and design of curb ramps and driveways with sidewalk from the standard plans unless noted on the project plans or approved by the Engineer. Do not free form these facilities.

For new curb ramps, detectable warning surfaces shall be prefabricated tiles set directly in newly poured concrete; surface applied tiles or stamped into surface detectable warning surfaces will not be allowed.

Add to section 73-3.01C:

Within 2 business days of completing the surveys, submit preconstruction and post-construction surveys sealed and signed by one of the following:

1. Land surveyor licensed in the State

2. Engineer who is registered as a civil engineer in the State

Replace Reserved in section 73-3.01D(3) with:

For locations shown, perform a preconstruction survey to ensure forms and job site constraints will allow for compliance with required design dimensions and slopes shown. Upon completing the work, perform a post-construction survey to verify design dimensions and slopes requirements are met. The post- construction survey must include a minimum of 3 measurements for each dimension and slope requirement shown. Individual measurements must be equally distributed across the specified slope or dimensional surface. Document and submit these measurements on the Americans with Disabilities Act Compliance Inspection Report form for the facility type shown. Include the equipment and control used to conduct the survey.

Add to the beginning of section 73-3.03:

Before placing concrete, verify that forms and job site constraints allow the required dimensioning and slopes shown. Immediately notify the Engineer if you encounter job site conditions that will not accommodate the design details. Ordered modifications are change order work.

Replace Not Used in section 73-3.04 with:

Payment for Minor Concrete (Curb Ramp) (all types) shall include full compensation for all labor, materials, tools, aggregate base and placement, complying with ADA requirements, placing concrete, compaction, raising existing facilities to grade, incidentals and equipment required to complete these items of the work, including adjacent retaining curb and tooled joints, as shown on the plans, as specified in the City of Roseville Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.

Minor Concrete (Curb Ramp Modification) shall include a total area of 600 square feet, consisting of concrete sidewalk paving, concrete curb ramp paving, asphalt concrete paving, curb and gutter, and retaining curbs required. The cost to complete work beyond the aforementioned limit shall be paid at the rate of the bid unit prices submitted. Under this item of the proposal, the Contractor shall include the cost for demolishing, furnishing, placing, finishing and curing, of the concrete curb and gutter, concrete curb, asphalt paving, and concrete paving in the unit price of the Minor Concrete (Curb Ramp Modification) bid item.

Payment for Minor Concrete (Curb Ramp Modification) shall include full compensation for all labor, materials, tools, aggregate base and placement, complying with ADA requirements, placing concrete, compaction, raising existing facilities to grade, incidentals and equipment required to complete these

SP - 19

items of the work, including adjacent retaining curb and tooled joints, as shown on the plans, as specified in the City of Roseville Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.

Payment for Detectable Warning Surface shall include full compensation for all labor, materials, tools, complying with ADA requirements, incidentals and equipment required to complete these items of the work, as shown on the plans, as specified in the City of Roseville Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.

Payment for Minor Concrete (Sidewalk) shall include full compensation for all labor, materials, tools, aggregate base and placement, complying with ADA requirements, placing concrete, compaction, raising existing facilities to grade, incidentals and equipment required to complete these items of the work, including tooled joints and under sidewalk drains, as shown on the plans, as specified in the City of Roseville Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.
77 LOCAL INFRASTRUCTURE

Replace Reserved in section 77 with:
77-1 GENERAL

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION IX TRAFFIC CONTROL DEVICES

82 SIGNS AND MARKERS

Add to section 82-1.01:

Signs must be constructed in accordance with the section 56 of City of Roseville Construction Standards.

Replace paragraphs of section 82-3.02B with:

Metal posts must comply with City of Roseville Standard Drawing TS-17A and must conform to section 56-2.02A of City of Roseville Construction Standards.

Replace paragraphs of section 82-3.02E with:

Sign panel fastening hardware must comply with section 56-2.02D of City of Roseville Construction Standards.

Replace paragraphs of section 82-3.03A with:

Sign panel installation must comply with section 56-2.04 of City of Roseville Construction Standards.

Replace paragraphs of section 82-3.04 with:

Payment for furnishing sign panels is included in the payment for Striping and Signage as delineated in Sched 1.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

SP - 20

84 MARKINGS

Add to section 84-1.01:

Traffic stripes, pavement markings, and pavement markers shall conform to the provisions in Section 84 TRAFFIC STRIPES AND PAVEMENT MARKINGS and Section 85 MARKERS of the City of Roseville Construction Standards and the Standard Construction Specifications, and these special provisions.

The Contractor shall install temporary pavement striping and markings as necessary during construction.

All temporary pavement striping and marking shall be refreshed as needed or when directed by the Engineer, at the Contractor’s expense, until permanent pavement striping and marking is installed.

Add to section 84-1.04:

All traffic stripes, arrows and pavement markings shall be constructed according to the specifications set forth in section 84 of the State of California Department of Transportation (Caltrans) standard specifications (latest edition). Markings shall be applied per Caltrans 84-2.03B(6) in 2 coats. Markings shall be made with rapid-dry waterborne traffic paint conforming to Caltrans specification PTWB-01R2. All arrows, directional lettering, "stop" and stop bars, and center stripes shown on plans shall be installed with glass spheres meeting Caltrans specification 8010-004.

The contract unit price paid per linear foot for Painted Parking Striping shall include full compensation for all labor, materials, tools, incidentals and equipment required to complete these items of the work, as shown on the plans, as specified in the City of Roseville Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.

The contract unit price paid per marking or symbol as specified in the Bid Schedule for Painted Parking Markings shall include full compensation for all labor, materials, tools, incidentals and equipment required to complete these items of the work, as shown on the plans, as specified in the City of Roseville Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.

The contract unit price paid per square foot for Painted Parking Markings shall include full compensation for all labor, materials, tools, incidentals and equipment required to complete these items of the work, as shown on the plans, as specified in the City of Roseville Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.

The contract unit price paid per each for Pavement Markers shall include full compensation for all labor, materials, tools, incidentals and equipment required to complete these items of the work, as shown on the plans, as specified in the City of Roseville Design and Construction Standards, the State Standard Specifications and these special provisions and as directed by the Engineer.

Add to section 84-2.03C(3):

All striping or pavement markings damaged during construction must be repaired at your expense.

Repairs must consist of complete replacement of striping or markings as directed by the Engineer.

When you are unable to place traffic stripes and marking due to unsuitable weather conditions, the Engineer can temporarily suspend work per section 8-1.06. When the work is suspended for greater than 14 days, install temporary traffic stripe and pavement markings. Placement of temporary traffic strip and temporary pavement marking is considered extra work per Section 3.

DRAW

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

DRAWINGS

Project: __________________________

AB 626 - 1

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] TEXT OF AB 626
Assembly Bill No. 626

CHAPTER 810

An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.

[Approved by Governor September 29, 2016. Filed with Secretary of State September 29, 2016.]
LEGISLATIVE COUNSEL’S DIGEST
AB 626, Chiu. Public contracts: claim resolution.

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

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

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

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

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

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

AB 626 - 2

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] By increasing the duties of local agencies and officials, this bill would impose a state- mandated local program.

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

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

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

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

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

SECTION 1. Section 9204 is added to the Public Contract Code, to read:

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

AB 626 - 3

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) ”Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) ”Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each

AB 626 - 4

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is

AB 626 - 5

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

SECTION 2.

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

SECTION 3.

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

Notice of Exemption

To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678

Project Title: Parking Lot at the Maidu Soccer Fields

Project Location(s): 1550 Maidu Drive, Roseville CA 95661

Project Description: The project would allow for the asphalt paving and striping of an existing 40,000 square-foot gravel lot located near the soccer fields in Maidu Park. The lot is currently unpaved and unstriped and provides parking for cars near the soccer field s and overflow for park users visiting other park facilities. The gravel lot does not meet Americans with Disabilities Act (ADA) or erosion control requirements and creates a safety hazard to people with limited mobility.

In addition to paving the existing gravel parking lot, the project includes the installation of two drainage filtration facilities, including a vegetated swale and a bioretention basin, to comply with stormwater prevention requirements. Both the vegetated swale and the bioretention basin will discharge into the existing storm pipes after first being filtered by the media from the two facilities. Construction of the vegetated swale will require trenching from the parking lot facility north to Johnson Ranch D rive. The trench would be no more than 2 feet wide and 4 feet deep at most. While the project is not expected to have an impact on any sensitive resources, including tribal cultural resources, the Public Works Department has voluntarily agreed to enter into a contract with the United Auburn Indian Community (UAIC) to provide tribal monitoring during trenching activities and tribal cultural awareness training for construction staff.

Paving the gravel lot will ensure public and environmental safety by complying with ADA and stormwater prevention requirements. Once paved, the parking lot will accommodate 85 parking spaces including 4 ADA accessible spaces. The paving and striping of the gravel lot does not increase parking capacity at Maidu Park since the area is already used for parking. Spaces will be painted to meet City standards to ensure cars can park safely and efficiently in the space.

Public Agency Approving Project: Roseville City Council

Agency/Individual Carrying Out Project: City of Roseville Public Works Department

Reason why this Project is Exempt: This project qualifies for a Class 1 E xemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines which states:

ffeJ
iiOsE'ViLLE

CALIFORNIA

“Class 1 consists of ….minor alteration of existing public or private structures , facilities… involving negligible or no expansion of existing or former use…”

The project is a minor alteration of the existing gravel parking lot that would pave the lot and add two drainage facilities in order to make the parking lot compliant with ADA and stormwater protection requirements. The project would formalize parking spots in an unpaved and unstriped lot that is being used for parking anyway. Monitoring by UIAC would give assurance that no sensitive resources would be affected. therefore, the Class 1 Exemption is applicable to the proposed project.

Lead Agency Contact Person: Nicolas Bumb, Associate Engineer, Public Works Department – Engineering Division, 311 Vernon Street, Roseville, CA 95678. (916) 746- 1313

Signature: Date: 6/4/2025
Jessica Lynch, Environmental Coordinator
City of Roseville

City Council
Communication
Meeting Date: 7/16/2025
Item #: VII.35
File #: 0203-13
Item ID: 2025-444

Title: Old Fiddyment Road Culvert Repair Project - Contract Purchase Agreement Amendment Contact: Jesse Khatkar 916-774-5434 [email protected]

SUMMARY
Staff recommends approval of an amendment to a contract purchase agreement with DeSilva Gates Construction, LLC extending the end date of the agreement from June 30, 2025 to June 30, 2026, for the repairs associated with the Old Fiddyment Road Culvert Repair Project. The project is funded by the General Fund and Local Transportation Funds, and there are sufficient funds budgeted for the project. No additional funds are necessary at this time. The project is anticipated to be completed this summer.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving a Contract Purchase Agreement (3004406) Amendment 1 with DeSilva Gates Construction, LLC, and authorize the City Manager to execute it on behalf of the City of Roseville.

BACKGROUND
In late December 2024, maintenance staff were notified of a sinkhole adjacent to a bike path which crosses Pleasant Grove Creek north of Orchard View Road within west Roseville. The sinkhole was adjacent to a set of two culverts constructed with corrugated metal panels. The total creek crossing is approximately 70 feet. By reviewing record drawings, staff determined the culverts were originally constructed within then-unincorporated Placer County in 1976 as the creek crossing of the original alignment of Fiddyment Road. Fiddyment Road has since been rerouted as part of the West Roseville Specific Plan and the original crossing was converted to a bike trail crossing of Pleasant Grove Creek.

The sinkhole was determined to be caused by a hole in a section of deteriorated corrugated metal culvert which allowed for soil to be pulled into the creek during high water events. Staff began planning for a rehab project for the summer, once the rain season ended. Staff performed a temporary repair and simultaneously engaged a structural engineer to help identify options for future repairs to the culverts. Staff also continued to monitor the structure to determine if more immediate action was needed.

During a post-storm event inspection on February 5th, a new sinkhole was identified, and signs of structure failure were noted. Due to the magnitude of damage observed, staff closed the creek trail crossing to the public and determined that an emergency repair was necessary prior to the next forecasted rain to prevent complete failure of the culvert. Failure of the culvert could result in its collapse, which would partially block the creek and could result in upstream flooding. This could put homes and properties at risk if a high-water event were to occur concurrent with structure failure. Additionally, taking emergency action yielded greater potential for the structure to be salvaged and repaired rather than fully replaced.

Complete structural failure has since been mitigated, and an initial attempt to repair the structure was made. However, a more robust plan is still needed. Staff have been working with a structural engineer to

develop a revised plan, which has necessitated multiple site visits and coordination with permitting agencies. The new plan is currently under review by De Silva Gates, Inc and the repair is anticipated to be completed this summer, prior to the next rainy season.

FISCAL IMPACT
The project is funded by the General Fund and Local Transportation Funds. There are sufficient funds within the project budget and no additional funds are required at this time.

ENVIRONMENTAL REVIEW
The proposed project involves the replacement or reconstruction of existing structures and facilities. This activity is categorically exempt from CEQA as a Class 1 exemption (State CEQA Guidelines Section 15301) and 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

1. Ensure a safe and healthy community

4. Invest in well-planned infrastructure and growth

Respectfully Submitted,
Jesse Khatkar, Associate Engineer

Jason Shykowski, Public Works Director

ATTACHMENTS:

1. Resolution 25-246

2. Contract Purchase Agreement Amendment

3. Notice of Exemption

4. Item 7.14 - Council Communication, Resolution, Original CPA, and CEQA Exemption

REVIEWERS:

Jesse Khatkar, Public Works Department - Engineering - Traffic Engineering Created/Initiated - 6/26/2025 Noah Siviglia, Public Works Department - Engineering - Traffic Engineering Approved - 6/26/2025 Stefanie Kemen, Public Works Department - Engineering - Traffic Engineering Approved - 6/27/2025 Gretchen Hakala, City Attorney Department Approved - 7/1/2025 Katrina Six, City Clerk Department Approved - 7/1/2025
Ryan DeVore, City Manager Department - Assistant City Manager Approved - 7/2/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 7/3/2025 Michelle Sheidenberger, City Attorney Department Approved - 7/3/2025 Dominick Casey, City Clerk Department Approved - 7/3/2025 Katrina Six, City Clerk Department Final Approval - 7/3/2025

RESOLUTION NO. 25-246
APPROVING AMENDMENT 1 TO CONTRACT PURCHASE AGREEMENT, BY AND

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
WHEREAS, Amendment 1 to Contract Purchase Agreement (3004406) for the Old Fiddyment Road Culvert Repair Project, by and between the City of Roseville and Desilva Gates Construction LLC, has been reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Amendment is hereby approved and the City Manager is authorized to execute it on behalf of the City of Roseville.

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

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk

Contract Purchase Agreement 3004406
Supplier Details:

Company Desilva Gates Construction LLC
Contact Jennifer VanWegen
Address 7700 College Town Dr
Sacramento, CA 95826
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: EF0AC858-00BD-4013-95F5-5D2FFF2889C5

Contract Purchase Agreement 3004406
Agreement 3004406
Agreement Date 07-FEB-2025
Change Order 5
Change Order Date 26-JUN-2025
Revision 3
Agreement Amount 600,000.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Desilva Gates Construction LLC
7700 College Town Dr
Sacramento, CA 95826
Phone:

Fax:

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

Fax:

Email:
()
()
[email protected]
Description of
Labor,
equipment
and/or materials
AMENDMENT 1
CONTRACT PURCHASE AGREEMENT 3004406 ("AGREEMENT"), WHICH WAS EXECUTED ON 2/7/25, IS HEREBY MODIFIED AS FOLLOWS: THE TERM OF THE

AGREEMENT IS INCREASED BY ONE YEAR AND THE EXPIRATION DATE OF THE AGREEMENT IS CHANGED FROM 6/30/25 TO 6/30/26.

PLEASE CONTACT JESSE KHATKAR IN THE PUBLIC WORKS DEPARTMENT AT (916) 774-5434 OR [email protected] FOR QUESTIONS REGARDING THIS AGREEMENT.
*All other provisions of the Agreement shall remain unchanged and in full force and effect.

Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 11271 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
07-Feb-2025 30-Jun-2026 "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: EF0AC858-00BD-4013-95F5-5D2FFF2889C5

Contract Purchase Agreement 3004406
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:__________________________________________________ 3 Docusign Envelope ID: EF0AC858-00BD-4013-95F5-5D2FFF2889C5 Vice President
Michael Gates
6/30/2025

Notice of Exemption

To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678

Project Title: Old Fiddyment Road Emergency Culvert Repair Project – Capital Improvement Project Approval, Contract Purchase Agreement, and Budget Adjustment

Project Location(s) : Bike trail crossing of Pleasant Grove Creek , north of Orchard View Road Roseville, California.

Project Description: The project would allow for the emergency repair and/or replacement of a 70- foot bridge over Pleasant Creek north of Orchard View Road. The bridge is built atop two culverts constructed with corrugated metal panels and was formerly the creek crossing of the original alignment of Fiddyment Road. Fiddyment Road was rerouted as part of the West Roseville Specific Plan and the original crossing was converted to a bike trail crossing of Pleasant Grove Creek.

A section of the corrugated metal forming the northern culvert developed a hole, which allowed for soil to be pulled into the creek during high water events and has resulted in two sinkholes adjacent to the bike trail, and staff determined that the structure is beginning to fail. Failure of the culvert could result in collapse of the bridge, which would block the creek and could result in upstream flooding. Staff has performed temporary repairs and has determined that the structure must be repaired or possibly replaced.

In coordination with staff and a structural engineer, the contractor is implementing a plan to repair and restore the structure. If it is determined that the structure cannot be salvaged, staff may be required to remove the structure and plan for a future replacement. Neither repair nor replacement of the structure would result in changes to the structure’s purpose or capacity.

Public Agency Approving Project: Roseville City Council

Agency/Individual Carrying Out Project: City of Roseville Public Works Department

Reason why this Project is Exempt: This project qualifies for Class 1 and Class 2 Exemptions as described in Sections 15301 and 15302 of the California Environmental Quality Act (CEQA) guidelines which state:

“Class 1 consi sts of the…repair…of existing private or public struc tures [or] facilities involving negligible or no expansion of use…Ex amples include but are not limited to: (c) Existing highways and streets, sidewalks, gutters, bic ycle and pedestrian trails, and similar facilities … and (d) Restoration or rehabilitation of deteriorated or damaged str uctures, facilities , or mechanical equipment to meet current standards of public health and safety…” and

“Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced…”

The project would either repair or replace the existing bridge, which includes repairs to the bike trail and the damaged cul vert. If it is determined that the str ucture cannot be salvaged with repairs, the bridge and bike trail will be replaced with a like -for-like structure in the same location with the same purpose as the existing bridge. As mentioned above, the project would not result in an expansion or change in use.

Lead Agency Contact Person: Jesse Khatkar, Public Works Department, 311 Vernon Street, Roseville, CA 95678 (916) 774-5434.

Signature: Date: 3/6/2025
Jessica Lynch, Environmental Coordinator
City of Roseville

City Council
Communication
Meeting Date: 7/16/2025
Item #: VII.36
File #: 0102-03
Item ID: 2025-448

Title: Minutes of Prior Meetings
Contact: Melissa Lipp 9167745268 [email protected]

SUMMARY
Staff recommends approval of the minutes of the June 4, 2025 City Council/Housing Authority Meeting, the June 18, 2025 City Council Closed Session Meeting, and the June 18, 2025 City Council/Housing Authority/Finance Authority/Natural Gas Financing Authority Meeting.

RECOMMENDATION
Approve the minutes of the June 4, 2025 City Council/Housing Authority Meeting, the June 18, 2025 City Council Closed Session Meeting, and the June 18, 2025 City Council/Housing Authority/Finance Authority/Natural Gas Financing 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

6. Deliver exceptional City services

Respectfully Submitted,
Melissa Lipp, City Clerk Technician

Carmen Avalos, City Clerk

ATTACHMENTS:

1. June 4, 2025 Minutes

2. June 18, 2025 Closed Session Minutes

3. June 18, 2025 Minutes

REVIEWERS:

Melissa Lipp, City Clerk Department Created/Initiated - 7/2/2025 Melissa Lipp, City Clerk Department Final Approval - 7/2/2025

Krista Bernasconi, Mayor
Karen Alvord, Vice Mayor
Bruce Houdesheldt, Councilmember
Tracy Mendonsa, Councilmember
Pauline Roccucci, Councilmember
Dominick Casey, City Manager
Michelle Sheidenberger, City Attorney
Carmen Avalos, City Clerk

MINUTES
City Council / Housing Authority Meeting
June 4, 2025
6:00 PM
City Council Chambers, 311 Vernon Street
I. CALL TO ORDER
Mayor Bernasconi called the meeting to order at 6:03 PM.

II. ROLL CALL

Present: Vice Mayor Alvord, Councilmember Mendonsa, Councilmember Roccucci, Mayor Bernasconi.

Absent: Councilmember Houdesheldt.

III. PLEDGE OF ALLEGIANCE
Derek Anganes led the Pledge of Allegiance.

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

V. PUBLIC COMMENTS
This is the first opportunity to make a public comment on non-agenda items.

No public comment received.

VI. CONSENT CALENDAR
Motion by Councilmember Mendonsa, seconded by Councilmember Roccucci to pull item 16 from the Consent Calendar for further discussion, and approve the remaining items as recommended. The Motion Passed.

Ayes: Alvord, Mendonsa, Roccucci, Bernasconi

Absent: Houdesheldt

1. Western System Power Pool Agreement Collateral Annex (ELECTRIC DEPARTMENT - FINANCIAL & ADMINISTRATIVE)
Summary: Staff recommends approval of the Western Systems Power Pool (WSPP) Collateral Annex, including the Cover Sheet Elections, with Altop Energy Trading LLC (“Altop”). These documents supplement the WSPP Agreement previously executed by the City and establish

industry-standard credit and collateral provisions that would apply to any future wholesale physical power transactions with Altop under the WSPP framework. There is no cost associated with the execution of these documents.

CONTACT: Glenn Hoffman 916-746-1670 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-185 approving the Western Systems Power Pool Collateral Annex and Cover Sheet Elections, by and between the City of Roseville and Altop Energy Trading, LLC, and authorizing the City Manager to execute them on behalf of the City of Roseville.

2. Silver Spruce (KT-52) Park – Award of Contract and Budget Adjustment (PARKS, RECREATION,

AND LIBRARIES DEPARTMENT - PARK DEVELOPMENT)
Summary: Staff recommends approval of an agreement with TJR Resources, Inc. in the amount of $2,822,254 for the KT-52 School Park Project. Staff also recommends approval of a budget adjustment in the amount of $45,000 for the KT-52 School Park Project. Funding for this project was approved in the FY2022-23 budget (for design) and in the FY2023-24 budget (for construction) through the Neighborhood Park - Sierra Vista Fund.

CONTACT: Heather Buck 916-774-5254 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-175 approving an agreement, by and between the City of Roseville and TJR Resources, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville; and

b. Adopt Ordinance No. 6946 authorizing certain amendments to the Fiscal Year 2024-25 budget and declaring this ordinance to be immediately effective as an appropriation measure.

3. Lower Bank Park (C-63) - Award of Contract and Budget Adjustment (PARKS, RECREATION, AND

LIBRARIES DEPARTMENT - PARK DEVELOPMENT)
Summary: Staff recommends approval of an agreement with Brightview Landscape Development, Inc. in the amount of $1,190,741 for the Lower Bank Park Project. Staff also recommends approval of a budget adjustment in the amount of $350,000 from the General Fund for the Lower Bank Park Project. Funding for construction of this park was included in the FY2023-24 capital improvement project budget in the Neighborhood Park - Creekview Fund.

CONTACT: Joel De Jong 916-774-5924 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-179 approving an agreement, by and between the City of Roseville and Brightview Landscape Development, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville; and

b. Adopt Ordinance No. 6950 authorizing certain amendments to the fiscal year 2024-25 budget and declaring this ordinance to be immediately effective as an appropriation measure.

4. Winding Creek Adventure Club - Reimbursement Agreement (PARKS, RECREATION, AND

LIBRARIES DEPARTMENT - RECREATION)
Summary: Staff recommends approval of a reimbursement agreement with Roseville City School District for architectural and civil design services, DSA (Division of State Architect) permitting and construction administration services, plumbing and electrical services, and DSA inspection services to connect and install a City of Roseville purchased modular building to operate a new Adventure Club at Winding Creek Elementary School opening in fall of 2026. The reimbursement agreement should not exceed $234,508, including contingencies, and is funded by a General Fund subsidy to the Youth Development Fund.

CONTACT: Rob Nakamura 916-774-5135 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-184 approving a Reimbursement Agreement, by and between the City of Roseville and Roseville City School District, and authorizing the City Manager to execute it on behalf of the City of Roseville.

5. Roseville Aquatics Complex - Woodcreek SeaWolves Joint Use Agreement (PARKS,

RECREATION, AND LIBRARIES DEPARTMENT - RECREATION)
Summary: Staff recommends approval of an agreement with the Woodcreek SeaWolves for the purpose of joint use of the Roseville Aquatics Complex. The Woodcreek SeaWolves will pay the City an annual rental fee over the term of this agreement in addition to fees for their use in excess of the agreement. The total General Fund revenues from the agreement are expected to be $57,802.

CONTACT: Jeff Nereson 916-774-5974 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution 25-180 approving a Joint Use Agreement, by and between the Woodcreek Seawolves and the City of Roseville, and authorizing the City Manager to execute it on behalf of the City of Roseville.

6. Permit Center Renovation (RFQ 10-3406) - Spending Authority Increase (PUBLIC WORKS

DEPARTMENT - FACILITIES)
Summary: Staff recommends approval to increase the change order authority to a 20% construction contingency for the contract purchase agreement with JPB Designs Inc. The cost of the agreement is $532,000. An authorized change order authority of up to 20% ($106,400) as a construction contingency, would bring the total contract amount to $638,400. The Permit Center Remodel Project is budgeted in the General Fund.

CONTACT: Lori Crittenden 916-774-5707 [email protected]

The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-185 approving an increase in spending authority.

7. 116 S. Grant Building Façade and Envelope Design - Professional Design Services Agreement and Budget Adjustment (PUBLIC WORKS DEPARTMENT - FACILITIES) Summary: Staff recommends approval of a professional design services agreement with Heller Manus Architects in the amount of $489,745 for the 116 S. Grant Building Facade and Envelope Project. Additionally, staff recommends approval of a budget adjustment of $565,000. The budget adjustment will appropriate available resources in the Electric Fund to the 116 S. Grant Building and Envelope Project for the design contract and staff time.

CONTACT: Lori Crittenden 916-774-5707 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-181 approving a Professional Design Services Agreement, by and between the City of Roseville and Heller Manus, Inc. dba Heller Manus Architects, and authorizing the City Manager to execute it on behalf of the City of Roseville; and

b. Adopt Ordinance No. 6951 authorizing certain amendments to the Fiscal Year 2024-25 budget and declaring this ordinance to be immediately effective as an appropriation measure.

8. Parking Garage Elevator Rehabilitation Project - 405 Vernon Street Elevator Upgrade (RFQ 10- 3394) - Notice of Completion (PUBLIC WORKS DEPARTMENT - FACILITIES) Summary: Staff recommends that the City Council accept the Parking Garage Elevator Rehabilitation Project as complete and adopt a resolution authorizing the Public Works Director to execute the Notice of Completion. The total cost of the construction contract with Specialized Elevator Services was $100,885. Funding for this project was included in the General Fund budget during the 2024-25 fiscal year.

CONTACT: Andre Baranov 916-774-5342 [email protected] The City Council will consider the recommendation to:

a. Accept the Parking Garage Elevator Rehabilitation Project as complete; and

b. Adopt Resolution No. 25-182 accepting the public work known as the Parking Garage Elevator Rehabilitation Project, approving the “Notice of Completion”, and authorizing the Public Works Director to execute said notice on behalf of the City of Roseville.

9. Edward Byrne Memorial Justice Assistance Grant Program - Approval of Non-Capital Project, Grant Award, and Budget Adjustment (POLICE DEPARTMENT)
Summary: Staff recommends that the City Council authorize a new non-capital project, accept the FY2024 Edward Byrne Memorial Justice Assistance Grant, and approve a budget adjustment to appropriate $17,653 of grant funding in the City's Grants Fund.

CONTACT: Mark Peinado 916-774-5021 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-176 accepting a Grant Award from the United States Department of Justice, Office of Justice programs, and authorizing the City Manager to execute the required documents on behalf of the City of Roseville; and

b. Adopt Ordinance No. 6947 authorizing certain amendments to the Fiscal Year 2024-25 budget and declaring this ordinance to be immediately effective as an appropriation measure.

10. Website Redesign and Content Management System (RFP 12-032) - Contract Purchase Agreement (INFORMATION TECHNOLOGY DEPARTMENT - STRATEGIC PLANNING) Summary: Staff recommends approval of a contract purchase agreement with Revize, LLC in the amount of $245,019 in the current fiscal year to provide a replacement of the Content Management System and the Website Redesign. Additionally, staff requests the City Council to authorize the City Manager or his designee to approve change orders up to an additional 10% to cover unexpected changes to the project scope or schedule. Staff requests authorization for three optional renewal years without further Council approval, pending Council’s approval of the yearly budget. Funding is included in the Citywide Content Management System Replacement Project budget in the Information Technology Replacement Fund.

CONTACT: Sydney Finch 916-774-1175 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-191 approving a contract purchase agreement, by and between the City of Roseville and Revize LLC, and authorizing the City Manager to execute it on behalf of the City of Roseville.

11. Sierra View Country Club Project - Notice of Completion (DEVELOPMENT SERVICES

DEPARTMENT - ENGINEERING DIVISION)
Summary: Staff recommends that the City Council accept the Sierra View Country Club project as complete and adopt a resolution to authorize the City Engineer to execute the Notice of Completion. This action has no impact to the City's General Fund. Construction costs were paid by the developer.

CONTACT: Daniel Jacobo 916-774-5486 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-177 accepting the public work known as Sierra View Country Club 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.

12. Westbrook - WB-42 Parcel 2 - Final Map and Subdivision Agreement (DEVELOPMENT SERVICES

DEPARTMENT - ENGINEERING DIVISION)
Summary: Staff recommends approval of the Westbrook - WB-42 Parcel 2 final map and approval of a Subdivision Agreement with Taylor Morrison of California, LLC. The Engineering Department has completed its review of the final map and found that it is in compliance with the approved tentative map. This map will create 53 residential lots and 5 landscape lots. The actions requested have no fiscal impact on the City's General Fund.

CONTACT: Darren Ertis [email protected]
The City Council will consider the recommendation to:

a. Approve the final map on file with the City Clerk and accept, on behalf of the public, the public utility easements offered thereon, and accept, subject to improvement, the public rights of way and Lots A and B offered thereon, and approve the abandonment of the rights of way and easements listed thereon; and

b. Adopt Resolution 25-178 approving a Subdivision Agreement, by and between the City of Roseville and Taylor Morrison of California, LLC, and authorizing the City Manager to execute it on behalf of the City of Roseville.

13. Water Security Project – Budget Adjustment (ENVIRONMENTAL UTILITIES DEPARTMENT -

TECHNICAL SERVICES)
Summary: Staff recommends approval of a budget adjustment in the amount of $300,000 to cover the costs of the Water Security Project. Funding is available from the Water Operations Fund.

CONTACT: William Montz 916-774-5545 [email protected] The City Council will consider the recommendation to:

a. Adopt Ordinance No. 6948 authorizing certain amendments to the Fiscal Year 2024-25 budget and declaring this ordinance to be immediately effective as an appropriation measure.

14. On-Call Construction Fencing Services - Contract Purchase Agreement Amendment (ENVIRONMENTAL UTILITIES DEPARTMENT - TECHNICAL SERVICES) Summary: This item requests City Council approval to increase the On-Call Construction Fencing Contract Purchase Agreement for Crusader Fence Company for fiscal year 2024-25, from a not- to-exceed cost for the services of $350,000 per year up to $750,000 per year, for up to three years. The fencing projects may be funded by the Environmental Utilities Rehabilitation Program, operating budgets, or capital improvement projects.

CONTACT: William Montz 916-774-5545 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-189 approving amendment #1 to contract purchase agreement, by and between the City of Roseville and Crusader Fence Company, LLC, and authorizing the City Manager to execute it on behalf of the City of Roseville.

15. Church Street and Pump Station 26 Collection System Improvements Project – Increase in Spending Authority and Budget Adjustment (ENVIRONMENTAL UTILITIES DEPARTMENT -

TECHNICAL SERVICES)
Summary: Staff requests authorization for the City Manager or his designee to approve and pay for contract change orders for the Construction Agreement with Mountain Cascade, Inc. for the Church Street and Pump Station 26 Collection System Improvements Project (Project) that could increase the original contract amount for Schedule A by no more than 17%, or $718,360. This item also requests approval of a $400,000 budget adjustment for the Project using available resources in the Wastewater Rehabilitation Fund.

CONTACT: William Montz 916-774-5545 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-188 approving an increase in spending authority; and

b. Adopt Ordinance No. 6952 authorizing certain amendments to the Fiscal Year 2024-25 budget and declaring this ordinance to be immediately effective as an appropriation measure.

16. Second Reading - Roseville Designation of Fire Hazard Severity Zone Map (FIRE DEPARTMENT) Summary: Approve an ordinance for second reading and adoption designating moderate, high and very high fire hazard severity zones within the City of Roseville as required by California Government Code section 51179.

CONTACT: Michael Bradley 916-774-5400 [email protected] The City Council will consider the recommendation to:

a. Adopt Ordinance No. 6949 designating moderate, high and very high fire hazard severity zones within the City of Roseville.

Item pulled by Jennifer Chapman who spoke on concerns of the item.

No additional public comment received.

Motion by Councilmember Mendonsa, Seconded by Councilmember Alvord to Approve Ordinance No. 6949 of the City Council of the City of Roseville designating moderate, high, and very high fire hazard severity within the City of Roseville. The Motion Passed.

Ayes: Alvord, Mendonsa, Roccucci, Bernasconi.

Absent: Houdesheldt.

17. Second Reading - Water, Wastewater, and Waste Services - Proposed Utility Rate Adjustments and Municipal Code Revisions for Fiscal Year 2025-26 and Fiscal Year 2026-27 (ENVIRONMENTAL UTILITIES DEPARTMENT)
Summary: Approve an ordinance for second reading and adoption for proposed rate adjustments effective July 4, 2025, and July 1, 2026, for water, wastewater, and waste services utility rates and associated amendments to the Roseville Municipal Code.

CONTACT: Shane Whittington 916-774-5557 [email protected] The City Council will consider the recommendation to:

a. Adopt Ordinance No. 6953 amending Sections 9.12.030, 9.12.070, 9.12.090, 9.12.130 of Chapter 9.12 of title 9, sections 14.08.090 and 14.08.100 of Chapter 14.08, Section 14.16.200 of Chapter 14.16 and Section 14.17.080 of Chapter 14.17 of title 14 of the Roseville Municipal Code regarding Waste, Wastewater, and Waste Services rates.

18. HOUSING AUTHORITY/CITY COUNCIL – Quarterly Status Update 1st Qtr 2025 (ECONOMIC

DEVELOPMENT DEPARTMENT - HOUSING)
Summary: Staff recommends the City Council, acting as the Roseville Housing Authority Board, receive a quarterly report on the Housing Authority’s Housing Choice Voucher Program. This report is for informational purposes only and has no impact on the City's General Fund.

CONTACT: Danielle OConnell 916-774-5277 [email protected]

a. This is an informational item and requires no City Council action.

END OF CONSENT CALENDAR
VII. PRESENTATIONS/REPORTS

19. Council Discretionary Funds - Roseville Community Crime Stoppers (CITY MANAGER

DEPARTMENT - CITY MANAGER)
Summary: Staff recommends City Council consider providing sponsorship to Roseville Community Crime Stoppers for its annual Fourth of July Fun Run. The City Council has funded prior years' requests at $2,000. The balance remaining in the Council Discretionary Funds for FY2024-25 is $7,821.

CONTACT: Heather Blanco 916-746-1171 [email protected] The City Council will consider the recommendation to:

a. Consider providing sponsorship to Roseville Community Crime Stoppers for its annual Fourth of July Fun Run in the amount of $2,000.

City Clerk Carmen Avalos made the presentation to the City Council.

Hallie Romero spoke in support of the item.

Motion by Councilmember Roccucci, seconded by Councilmember Roccucci to Approve $2,000 to Roseville Community Crime Stoppers for the annual Fourth of July Fun Run. The Motion Passed.

Ayes: Alvord, Mendonsa, Roccucci, Bernasconi

Absent: Houdesheldt

20. Roseville Municipal Code Update - Revised Fine Schedule and Bail Schedule (CITY ATTORNEY

DEPARTMENT)
Summary: Staff recommends the City Council introduce for first reading an ordinance amending Chapters 1.20 and 2.50 of the Roseville Municipal Code regarding general penalties and administrative citations. Staff further recommends the City Council adopt a resolution, which shall be contingent upon and will only take effect if the ordinance amending Chapters 1.20 and

2.50 is fully adopted, establishing a new fine schedule and bail schedule, and repealing Resolution 24-114 and Resolution 24-159.

CONTACT: Travis Cochran 916-774-5325 [email protected] The City Council will consider the recommendation to:

a. Introduce for first reading an ordinance amending Chapters 1.20 and 2.50 of the Roseville Municipal Code regarding general penalties and administrative citations; and

b. Adopt Resolution No. 25-190 adopting a fine schedule and bail schedule for enforcement of municipal code violations and repealing resolutions 24-114 and 24-159.

Senior Deputy City Attorney Travis Cochran made the presentation to the City Council.

No public comment was received.

Motion by Vice Mayor Alvord, seconded by Councilmember Mendonsa to Introduce for first reading an ordinance amending Chapter 1.20 and 2.50 of the Roseville Municipal Code regarding general penalties and administrative citations; and Adopt Resolution No. 25-190 adopting a fine schedule and bail schedule for enforcement of municipal code violations and repealing resolutions 24-114 and 24- 159, all approved

Ayes: Alovord, Mendonsa, Roccucci, Bernasconi

Absent: Houdesheldt
VIII. PUBLIC HEARINGS
NOTICE TO THE PUBLIC: Public Hearing Process
City Council, when considering the matter, will take the following actions:

1. Open the Public Hearing

2. Presentation by staff

3. Presentation by applicant or appellant

4. Accept public testimony

5. Appellant or applicant rebuttal period

6. Close the Public Hearing

7. City Council comments and questions

8. City Council action
Any challenges in court about public hearing matters noticed on this agenda may be limited to only those issues, that were raised orally at the public hearing or in written form received by the City on or before the hearing.

Public Hearings listed for continuance will be continued and posting of this agenda will serve as notice of continuation.

21. Social Connection - 350 Conference Center Drive - Fee Deferral (ECONOMIC DEVELOPMENT

DEPARTMENT)
Summary: Staff recommends approval of a fee deferral for Social Connection, a restaurant/brewery container park with beer garden within the Roseville Junction development, in the amount of approximately $247,876, until final of building permit/building occupancy. An annual interest rate equivalent to the city's pooled interest rate, prorated based on the length of the deferral, will be charged on the monies deferred to cover the City's cost of loss of interest income on the fee deferrals and an administrative processing fee is to be charged to each building permit.

CONTACT: Gina McColl 916-774-5452 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-183 approving a Fee Deferral for the Social Connection, 350 Conference Center Drive.

Mayor Bernasconi opened the public hearing at 6:45 p.m.

Economic Development Manager Wayne Wiley introduced Economic Development Analyst Gina McColl, who made the presentation to the City Council.

Rohit Ranchhod with Roseville Junction, LLC spoke on the timeline of the project.

Mayor Bernasconi closed the public hearing at 6:49 p.m.

Motion by Councilmember Roccucci, seconded by Councilmember Roccucci to adopt Resolution No. 25-183 approving a Fee Deferral for the Social Connection, 350 Conference Center Drive. The Motion Passed.

Ayes: Alvord, Mendonsa, Roccucci, Bernasconi

Absent: Houdesheldt

22. Roseville Municipal Code Updates - Zoning and Subdivision Ordinance (DEVELOPMENT

SERVICES - PLANNING)
Summary: Staff recommends the City Council introduce for first reading an Ordinance amending Chapters 19.08, 19.10, 19.12, 19.14, 19.22, 19.26, 19.28, 19.33, 19.60, 19.76, and 19.82 of the Roseville Municipal Code regarding Commercial, Residential, and Industrial Zones, Use Type Classifications, Accessory Uses, Parking Requirements, Density Bonus Regulations, Accessory Dwelling Units, Permit Requirements, and Major Project Permit Processing; introduce for first reading an Ordinance amending Chapter 18.05 of the Roseville Municipal Code regarding Ministerial Multifamily Maps; and adopt a resolution affirming the City's ministerial process for the approval of affordable housing projects.

CONTACT: Eric Singer 916-774-5536 [email protected] The City Council will consider the recommendation to:

a. Introduce for first reading an Ordinance amending Chapters 19.08, 19.10, 19.12, 19.14, 19.22,

19.26, 19.28, 19.33, 19.60, 19.76, and 19.82 of the Roseville Municipal Code regarding Commercial, Residential, and Industrial Zones, Use Type Classifications, Accessory Uses, Parking Requirements, Density Bonus Regulations, Accessory Dwelling Units, Permit Requirements, and Major Project Permit Processing; and

b. Introduce for first reading an Ordinance amending Chapter 18.05 of the Roseville Municipal Code regarding Ministerial Multifamily Maps; and

c. Adopt Resolution No. 25-187 of the City Council affirming the City's ministerial process for the approval of affordable housing projects.

Mayor Bernasconi opened the public hearing at 6:50 p.m.

Planning Manager Greg Bitter introduced Associate Planner Eric Singer, who made the presentation to the City Council.

Jennifer Chapman requested clarification on various aspects of the proposed changes.

Mayor Bernasconi closed the public hearing at 7:08 p.m.

Motion by Vice Mayor Alvord, seconded by Councilmember Roccucci to adopt 2 findings of fact; and Introduce for first reading an Ordinance amending Chapters 19.08, 19.10, 19.12, 19.14, 19.22, 19.26,

19.28, 19.33, 19.60, 19.76, and 19.82 of the Roseville Municipal Code regarding Commercial, Residential, and Industrial Zones, Use Type Classifications, Acessory Uses, Parking Requirements, Density Bonus Regulations, Accessory Dwelling Units, Permit Requirements, and Major Project Permit Processing; and Introduce for first reading an Ordinance amending Chapter 18.05 of the Roseville Municipal Code regarding Ministerial Multifamily Maps; and Adopt Resolution No. 25-187 of the City Council affirming the City's ministerial process for the approval of affordable housing projects. The motion passed.

Ayes: Alvord, Mendonsa, Roccucci, Bernasconi

Absent: Houdesheldt
IX. PUBLIC COMMENTS
This is the second opportunity to make a public comment on non-agenda items.

No public comment was received.

X. STAFF/COUNCIL REPORTS
Northern California Water Association Meeting - Councilmember Pauline Roccucci reported on attendance.

Councilmember Pauline Roccucci reported on various community events.

Mayor Krista Bernasconi reported on various community events.

XI. ADJOURNMENT
Mayor Krista Bernasconi adjourned the meeting at 7:15 p.m.

Krista Bernasconi, Mayor
Karen Alvord, Vice Mayor
Bruce Houdesheldt, Councilmember
Tracy Mendonsa, Councilmember
Pauline Roccucci, Councilmember
Dominick Casey, City Manager
Michelle Sheidenberger, City Attorney
Carmen Avalos, City Clerk

MINUTES
City Council Closed Session Meeting
June 18, 2025
5:00 PM
City Council Chambers, 311 Vernon Street
I. CALL TO ORDER
Mayor Bernasconi called the meeting to order at 5:00 p.m.

II. ROLL CALL

Present: Vice Mayor Alvord, Councilmember Houdesheldt, Councilmember Mendonsa, Councilmember Roccucci, Mayor Bernasconi.

III. PUBLIC COMMENTS
No public comment was received.

IV. CLOSED SESSION

1. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2)
Significant exposure to litigation – one case
CONTACT: Michelle Sheidenberger 916-774-5325 [email protected] Closed Session Disclosure: No reportable action taken.

2. Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Nina Easton v. City of Roseville
Placer County Superior Court, Case Number: S-CV-0046742 CONTACT: Michelle Sheidenberger 916-774-5325 [email protected] Closed Session Disclosure: No reportable action taken.

V. ADJOURNMENT
Mayor Bernasconi adjourned the meeting at 5:38 p.m.

Krista Bernasconi, Mayor
Karen Alvord, Vice Mayor
Bruce Houdesheldt, Councilmember
Tracy Mendonsa, Councilmember
Pauline Roccucci, Councilmember
Dominick Casey, City Manager
Michelle Sheidenberger, City Attorney
Carmen Avalos, City Clerk

MINUTES
City Council /Housing Authority/Finance Authority/
Natural Gas Financing Authority Meeting
June 18, 2025
6:00 PM
City Council Chambers, 311 Vernon Street
I. CALL TO ORDER
Mayor Bernasconi called the meeting to order at 6:02 p.m.

II. ROLL CALL

Present: Vice Mayor Alvord, Councilmember Houdesheldt, Councilmember Mendonsa, Councilmember Roccucci, Mayor Bernasconi.

III. PLEDGE OF ALLEGIANCE
Police Captain Jeff Beigh led the Pledge of Allegiance.

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

V. PUBLIC COMMENTS
This is the first opportunity to make a public comment on non-agenda items.

No public comment received.

VI. PRESENTATIONS

1. Annual Placer Mosquito and Vector Control District Presentation Summary: Presentation from Public Information Officer Meagan Luevano from Placer Mosquito & Vector Control District with a recap of last year's efforts and an update on mosquitos and other vectors this summer.

CONTACT: Carmen Avalos 916-774-5269 [email protected] Placer Mosquito & Vector Control District Public Information Officer Megan Luevano made the presentation to the City Council.

VII. CONSENT CALENDAR

Motion by Councilmember Houdesheldt, seconded by Councilmember Roccucci to approve the Consent Calendar as recommended. The Motion Passed.

Ayes: Alvord, Houdesheldt, Mendonsa, Roccucci, Bernasconi

2. Utility Tree Trimming Services - Contract Purchase Agreement (ELECTRIC DEPARTMENT -

DISTRIBUTION & OPERATIONS)
Summary: Staff recommends approval of a contract purchase agreement with Wright Tree Service of the West, Inc. for utility tree trimming services. The cost of the initial year of the agreement is $1,261,206.74. Funding is included in the Electric Department's proposed FY2025- 26 budget in the Electric Fund. Staff also requests authorization to utilize up to three (3) optional renewal years without further City Council approval, provided that the applicable budget is approved by the City Council each year, and City staff determines that continuing with the same vendor is in the City’s best interest.

CONTACT: Tom Pontes 916-774-5550 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-192 approving a contract purchase agreement, by and between the City of Roseville and Wright Tree Services of the West, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.

3. Electric Industry Online Resource Library and Research Services - Contract Purchase Agreement (ELECTRIC DEPARTMENT - CUSTOMER & GOVERNMENT RELATIONS) Summary: Staff recommends approval of a contract purchase agreement with E Source Companies, LLC in the amount of $99,200 to provide electric industry online resource library and research services. Additionally, staff requests one additional optional renewal year without further Council approval, provided that the applicable budget is approved by the City Council, or until staff determines that continuing with this vendor is not in the best interest of the City.

Funding is included in the Electric Department’s proposed FY2025-26 budget in the Electric Fund.

CONTACT: Susan Hernandez 916-774-5623 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-193 approving a contract purchase agreement, by and between the City of Roseville and E Source Companies, LLC, and authorizing the City Manager to execute it on behalf of the City of Roseville.

4. Substation Power Transformers (RFP 07-102) - New Capital Improvement Project Approval, Contract Purchase Agreement, and Budget Adjustment (ELECTRIC DEPARTMENT -

ENGINEERING)
Summary: Staff recommends approval of the creation of a new Capital Improvement Project - Spare Substation Transformer and approval of a budget adjustment appropriating $3,000,000 in

the Electric Fund to the project. Staff also recommends approval of a contract purchase agreement with GE-Prolec Transformers, Inc. in response to Request for Proposals No. 07-102 for a not-to-exceed amount of $15,000,000 for the initial contract period and optional renewal years through FY2028-29. The bid allowed for four optional renewal years at one-year intervals.

Staff recommends authorization to continue utilizing the remaining optional renewal years without further Council approval until the contract expires, or until City staff determines that continuing with the same vendor is not in the City's best interest. Staff also declares its intention to reimburse expenditures and activities related to the Spare Substation Transformer project and procurement of substation transformers from bond proceeds in the event that bonds are issued in the future to fund project costs.

CONTACT: Ozro Corulli 916-774-5586 [email protected] The City Council will consider the recommendation to:

a. Approve the establishment of a new Capital Improvement Project - Spare Substation Transformer; and

b. Adopt Resolution No. 25-220 approving a contract purchase agreement, by and between the City of Roseville and GE-Prolec Transformers, Inc. and authorizing the City Manager to execute it on behalf of the City of Roseville; and

c. Adopt Ordinance No. 6964 authorizing certain amendments to the FY2024-25 budget and declaring this ordinance to be immediately effective as an appropriation measure.

5. Roseville Energy Park Turbine Repairs - Budget Adjustment (ELECTRIC DEPARTMENT -

FINANCIAL & ADMINISTRATIVE)
Summary: Staff recommends approval of a budget adjustment in the amount of $12,628,000 with offsetting insurance reimbursement revenue in the amount of $11,465,500 for repairs to Combustion Turbine No. 2 at the Roseville Energy Park. Funding for the $1,162,500 insurance deductible is coming from available resources in the Electric Fund.

CONTACT: Matt Nelson 916-774-5618 [email protected] The City Council will consider the recommendation to:

a. Adopt Ordinance No. 6959 authorizing certain amendments to the fiscal year 2024-25 budget and declaring this ordinance to be immediately effective as an appropriation measure.

6. Home Energy Report - Public Sector Agreement and Ordering Document (ELECTRIC

DEPARTMENT - CUSTOMER & GOVERNMENT RELATIONS)
Summary: Staff recommends approval of a five-year Public Sector Agreement and a two-year Ordering Document with Oracle America, Inc., totaling $676,259.96, for Oracle Cloud Services to continue supporting Roseville Electric Utility’s Home Energy Reports program. The total cost of the initial agreement, covering the period from July 1, 2025 through June 30, 2027, will not

exceed $676,259.96. Funding for this agreement is provided through public benefit funds and is included in the Electric Department’s proposed FY2025–26 budget in the Electric Fund.

CONTACT: Susan Hernandez 916-774-5623 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-194 approving a public sector agreement and ordering document, 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.

7. Production Cost Modeling Software - Contract Purchase Agreement (ELECTRIC DEPARTMENT -

RESOURCE PLANNING & GENERATION)
Summary: Staff recommends approval of a five-year contract purchase agreement with cQuant.io, Inc. in the amount of $988,768 to provide production cost modeling software services. The software provides budgeting, financial forecasting, power supply portfolio management, resource planning, project evaluation, and risk management, supporting the identification, quantification, and analysis of exposure to market volatility, regulatory changes, and operational uncertainties. The initial year's cost is $190,000 and funding is included in the Electric Department's proposed FY2025-26 budget in the Electric Fund. Future funding is contingent on the City Council's approval of the respective yearly budgets.

CONTACT: Long Zhang 916-774-5652 [email protected] The City Council will consider the recommendation to:

a. Adopt Resolution No. 25-201 approving a contract purchase agreement, by and between the City of Roseville and cQuant.io, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.

8. American Public Power Association / Department of Energy Cybersecurity Grant Award - Approval of New Capital Improvement Project, Subaward Agreement, Sole Source Vendor Agreement, and Budget Adjustment (ELECTRIC DEPARTMENT - DISTRIBUTION & OPERATIONS) Summary: Staff recommends approval of the establishment of a new Capital Improvement Project (CIP) called the Electric Industrial Control Systems Cybersecurity Technologies Project; approval of an agreement with the American Public Power Association (APPA) for a $174,255 Department of Energy (DOE) grant subaward and a two-year sole-source vendor agreement with Dragos, Inc. for Industrial Control Systems (ICS) Cybersecurity Technologies, including network hardware, support, and maintenance. As an APPA member, Roseville Electric Utility has the opportunity to acquire a Dragos cybersecurity appliance self-contained computing system at a minimal cost, enhancing the resilience of its critical infrastructure against evolving cyber threats.

Staff also recommends approval of a $255,000 budget adjustment to fund the CIP. The total cost of the CIP will not exceed $255,000. Funding for the budget adjustment for this CIP is available in the Electric Fund. A total of $174,255 will be reimbursed to the CIP from the APPA/DOE grant revenue. There is no fiscal impact on the General Fund.