Roseville City Council
January 21, 2026

Roseville Electric Building
116 S. Grant Street, 1st Floor
roseville.ca.us
The City of Roseville welcomes your participation.

Meeting Schedule: Regular meetings of the City Council are held on the first and third Wednesday of each month at 6:00 p.m.

Two Public Comment Periods for Non-Agenda Items: A total of twenty-five (25) minutes is allotted for public comments. At the beginning and end of the meeting, each speaker has three (3) minutes to address the Mayor/Chair on issues that are not listed on the agenda and are within the City’s jurisdiction. Please submit a yellow speaker card to the City Clerk before the item is heard if you wish to make a comment. You will still have an opportunity to comment if you haven’t filled out a yellow speaker card.

Brown Act: The City Council cannot discuss or act on items not listed on the agenda. Public Comment on Agenda Items: Each speaker has five (5) minutes to address items that are listed on the agenda.

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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
AGENDA
City Council Regular Meeting
January 21, 2026
6:00 PM
Roseville Electric Building
116 S. Grant Street, 1st Floor
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. MEETING PROCEDURES
V. PRESENTATIONS

1. Roseville Chamber of Commerce - SPLASH Proceeds
Summary: Presentation to the City Parks, Recreation and Libraries Department of the proceeds from the 2025 SPLASH event to benefit youth programs within the City.

CONTACT: Jill Geller 916-774-5249 [email protected]

2. Resolution - Roseville High School Varsity Football Team Summary: Recognize and commend Roseville High School Tigers Football Team, its administration, its coaches, student-athletes, and supporters, for winning the Sacramento-San Joaquin Section Championship, for achieving historic milestones during the 2025 season, and for representing the City of Roseville with distinction, grit, and Tiger pride.

CONTACT: Arleta Wagenhals 916-774-5200 [email protected] VI. PUBLIC COMMENTS
This is the first opportunity to make a public comment on non-agenda items.

VII. CONSENT CALENDAR

3. Roseville Transit Safety Plan Update (PUBLIC WORKS DEPARTMENT - TRANSPORTATION)

Summary: Staff recommends approval of the 2026 Roseville Transit Agency Safety Plan. This plan is required by federal law in order for the local agency to receive funding from the Federal Transit Agency. This year's plan approval has a couple of minor changes: safety committee member changes and minor formatting changes, which required updating the table of contents.

Approval of the safety plan has no impact on the General Fund but will allow for additional federal funding for transit services in Roseville.

CONTACT: Ed Scofield 916-774-5449 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-011 approving the 2026 Roseville Transit Agency Safety Plan, and authorizing the City Manager to execute it on behalf of the City of Roseville.

4. Stoney Point Way Drainage Repair Project - Approval of Plans and Specifications and Authorization to Call for Bids (PUBLIC WORKS DEPARTMENT - ENGINEERING - CITY PROJECT'S) Summary: Staff recommends approval of plans and specifications for the Stoney Point Way Drainage Repair Project and authorization for staff to call for bids. The project scope consists of rehabilitating approximately 1,427 linear feet of existing 54-inch corrugated metal storm drain pipe with a concrete spray applied liner, along with the rehabilitation of two manhole bases. The construction of the project is estimated to cost $1.5 million and will be funded through the Highway Users Tax Fund. No General Fund resources will be used for the project.

CONTACT: Laura Salcedo 916-774-5437 [email protected] The City Council will consider the recommendation to:
a. Approve plans and specifications and authorize staff to call for bids.

5. Fairway Drive and Junction Boulevard Arterial Resurfacing Project - Award of Construction Contract and Budget Adjustments (PUBLIC WORKS DEPARTMENT - ENGINEERING - CITY

PROJECT'S)
Summary: Staff recommends approval of a construction agreement with McGuire and Hester in the amount of $3,452,605 for the Fairway Drive and Junction Boulevard Arterial Resurfacing Project and associated budget adjustment. The project scope includes replacement of failed sections of asphalt pavement and placement of a preventative maintenance surface treatment.

Roadway segments include the entirety of Fairway Dr. from Blue Oaks Blvd. to Stanford Ranch Rd. and Junction Blvd. from Washington Blvd. to Foothills Blvd. Construction is anticipated to begin in April 2026, with completion in the summer of 2026. The project construction is estimated to cost $4,350,000 and will be funded with federal Regional Surface Transportation Program funds, state CalRecycle funds, Roseville Finance Authority Capital Project funds and Highway User Tax funds. The budget adjustments will increase project funding from the Roseville Finance Authority Capital Project fund and reduce Highway User Tax funding for a net reduction in total funding. No General Fund resources will be used for this project.

CONTACT: Nick Bumb 916-746-1313 [email protected]

The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-007 approving an agreement, by and between the City of Roseville and McGuire and Hester, and authorizing the City Manager to execute it on behalf of the City of Roseville;
b. Adopt Finance Authority Resolution No. 26-1 authorizing amendments to the FY2025-26 budget;
c. Adopt Ordinance No. 7031 authorizing certain amendments to the fiscal year 2025-26 budget and declaring this ordinance to be immediately effective as an appropriation measure.

6. Roseville Soccer Complex Intersection Improvement Project - Notice of Completion (PUBLIC

WORKS DEPARTMENT - ENGINEERING - CITY PROJECT'S)
Summary: Staff recommends approval of the Notice of Completion for the Roseville Soccer Complex Intersection Improvement Project. The project included the construction of four (4) new traffic signals along with roadway widening to support the opening of the new Placer Valley Soccer Complex. The total cost of the construction contract with Mountain Cascade, Inc. is $7,515,054.54. The project was funded by the Blue Oaks Blvd. Fee fund, Westpark Drive Fee fund, Traffic Mitigation fund, and an interfund loan from the General Fund Capital Reserve Fund (approved by Council June 21, 2023).

CONTACT: Brian Gulewich 916-746-1376 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-005 accepting the Public Work known as Roseville Soccer Complex Intersection Improvement Project, approving the "Notice of Completion", and authorizing the Public Works Director to execute said notice on behalf of the City of Roseville.

7. Church Street and Pump Station 26 Collections System Improvements Project - Notice of Completion (ENVIRONMENTAL UTILITIES DEPARTMENT - TECHNICAL SERVICES) Summary: Staff recommends approval of the Notice of Completion for the Church Street and Pump Station 26 Collections System Improvements Project. The total cost of the construction contract with Mountain Cascade, Inc. including all change orders was $7,812,060. The project was funded by the Wastewater Rehabilitation Fund and the South Placer Wastewater Authority.

CONTACT: William Montz 916-774-5545 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-001 accepting the public work known as the Church Street and Pump Station 26 Collections System Improvements Project, approving the “Notice of Completion”, and authorizing the Environmental Utilities Director to execute said notice on behalf of the City of Roseville.

8. 2022 Sewer Collection System Cured-in-Place Pipe Rehabilitation Project - Notice of Completion (ENVIRONMENTAL UTILITIES DEPARTMENT - TECHNICAL SERVICES) Summary: Staff recommends approval of the Notice of Completion for the 2022 Sewer Collection System Cured-in-Place Pipe Rehabilitation Project. The total cost of the construction contract with Express Sewer & Drain, Inc. was $2,782,579. Funding for this project was provided by the Wastewater Rehabilitation Fund.

CONTACT: Jonathan Cummings 916-774-5566 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-003 accepting the Public Work known as the 2022 Sewer Collection System Cured-In-Place Pipe Rehabilitation Project, approving the “Notice of Completion”, and authorizing the Environmental Utilities Director to execute said Notice on behalf of the City of Roseville.

9. Utility Exploration Center Exhibit Fabrication and Installation Project - Notice of Completion (ENVIRONMENTAL UTILITIES DEPARTMENT - TECHNICAL SERVICES) Summary: Staff recommends approval of the Notice of Completion for the Utility Exploration Center Exhibit Fabrication and Installation Project. The total cost of the construction contract, including all change orders, was $1,462,227.23. The payment of final retention will be in the amount of $41,141.96. The project was funded by the Electric Fund, Water Rehabilitation Fund, Wastewater Rehabilitation Fund, and Waste Services Rehabilitation Fund.

CONTACT: Rana Moore 916-774-5581 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-009 accepting the Public Work known as The Utility Exploration Center Exhibit Fabrication and Installation Project, approving the “Notice Of Completion”, and authorizing the Environmental Utilities Director to execute said Notice on Behalf of the City of Roseville.

10. Dry Creek Wastewater Treatment Plant Operations and Laboratory Building Project – Professional Design Services Agreement Amendment (ENVIRONMENTAL UTILITIES

DEPARTMENT - TECHNICAL SERVICES)
Summary: Staff recommends approval of an amendment to the professional design services agreement with 19six Architects, Inc. to add $194,086, for a total not-to-exceed contract amount of $1,043,870, to provide design services during construction for the Dry Creek Wastewater Treatment Plant Operations and Laboratory Building Design Project (Project). The Project is being funded from available resources in the Wastewater Regional Rehabilitation Fund for the rehabilitation portion of the project (approximately 31%) and from the capital improvement project budget approved by the South Placer Wastewater Agency for the building expansion (approximately 69%).

CONTACT: Inderpreet Chaggar 916-774-5553 [email protected]

The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-002 approving a second amendment to professional design services agreement, by and between the City of Roseville and 19six Architects, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.

11. Generation Maintenance Support Services - Contract Purchase Agreement Amendment (ELECTRIC DEPARTMENT - RESOURCE PLANNING & GENERATION)
Summary: Staff recommends approval of a contract purchase agreement amendment with Performance Mechanical, Inc. to provide maintenance support services to Roseville Electric Utility's generation facilities. The amendment will increase the first year of the contract from $2,000,000 to $3,000,000. Funding is included in the Electric Department's FY2025-26 budget in the Electric Fund.

CONTACT: Nathan Ribordy 916-746-1673 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-008 approving amendment 1 to contract purchase agreement, by and between the City of Roseville and Performance Mechanical, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.

12. Pad Mount Transformers (RFQ 10-3431) - Purchase Orders (FINANCE DEPARTMENT -

PURCHASING)
Summary: Staff recommends approval of purchase orders with General Pacific and Hyundai Corporation USA, as the lowest responsive and responsible bidders, for the purchase of pad mount transformers for the Roseville Peaker Plant (RPEAK) facility in response to Request for Quotations No. 10-3431. Funding is included in the Electric Department’s FY2025-26 budget in the Electric Fund. Staff also requests authority for the City Manager or his designee to approve change orders not to exceed five percent (5%), for a total amount of $169,151.

CONTACT: Sue Jessup 916-746-1107 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-010 approving purchases order for Pad Mount Transformers.

13. Judicial Foreclosure of Delinquent Special Taxes Pursuant to the Mello-Roos Community Facilities Act 1982, as Amended (FINANCE DEPARTMENT)
Summary: Staff recommends that the City Council, acting as the governing body for its Community Facilities Districts (individually, "CFD" and collectively, "CFDs"), adopt a resolution ordering the judicial foreclosure of delinquent special taxes pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, and ordering the Placer County Tax Collector remove current and future delinquent taxes for the CFD from the tax roll. Certain property owners have become delinquent in payments of special taxes associated with a few of the City's CFDs. To comply with the City's bond covenants, when certain delinquency thresholds have

been met, the City is required to commence foreclosure actions against any delinquent parcel(s).

There is no fiscal impact on the City's General Fund. All legal fees are borne by the property owners and all penalties and interest collected will be credited to the subject CFDs.

CONTACT: Jeannine Thrash 916-774-5473 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-012 resolution of the City Council of the City of Roseville acting as the governing body of all of its Community Facilities Districts Ordering Judicial Foreclosure of Delinquent Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982 and Ordering that the Placer County Tax Collector Remove Current And Future Delinquent Speical Taxes For The Community Facilities Districts From The Tax Roll.

14. Golf Maintenance Services - Agreement Amendment (PARKS, RECREATION, AND LIBRARIES

DEPARTMENT - RECREATION)
Summary: Staff recommends approval of the seventh amendment to the agreement with Brightview Golf Maintenance, Inc. to extend the term of the agreement for an additional five (5) year period commencing January 1, 2026 and ending on December 30, 2030. This agreement provides for golf course maintenance services at Woodcreek Golf Club and Diamond Oaks Golf Course at a cost not to exceed $10,727,700 for the term of the agreement. Funding is included in the Golf Course Funds, in which golf revenues offset expenses including maintenance, utilities and internal service fee expenses.

CONTACT: Rob Nakamura 916-774-5135 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-013 approving a seventh amendment to agreement, by and between the City of Roseville and Brightview Golf Maintenance, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.

15. Pump Services - Contract Purchase Agreement Amendment (PARKS, RECREATION, AND

LIBRARIES DEPARTMENT - PARK MAINTENANCE)
Summary: Staff recommends approval of an amendment to the contract purchase agreement with Commercial Pump & Mechanical Inc. for pump services, increasing the total not-to-exceed amount from $58,318.84 to $81,321.25 for the purpose of pump rebuilds. Funding for these services is through two capital improvement projects in the Equipment Replacement Fund.

CONTACT: Brian Castelluccio 916-746-1755 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-006 approving amendment 1 to contract purchase agreement, by and between the City of Roseville and Commercial Pump & Mechanical Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.

16. Assistance to Firefighters Grant Program - Grant Acceptance, Approval of New Non-Capital Multi-Year Project, and Budget Adjustment (FIRE DEPARTMENT) Summary: Staff recommends the City Council accept the FY2024 Federal Emergency Management Agency Assistance to Firefighters Grant, approve the establishment of a new noncapital multi-year project and adopt an ordinance approving a budget adjustment in the amount of $131,520. The Fire Department was awarded a federal grant of $119,564 to provide specialty physicals for Fire Department staff. There is a requirement for matching funds of 10% ($11,956).

Since the grant will only reimburse 90% ($119,564) of the project costs, the budget adjustment will decrease General Fund resources by $11,956 from the General Fund Contingency budget.

CONTACT: Jamie Pepin 916-774-5400 [email protected] The City Council will consider the recommendation to:
a. Accept the FY2024 Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant; and
b. Approve the establishment of a new non-capital multi-year project for the FY2024 FEMA Assistance to Firefighters Grant; and
c. Adopt Ordinance No. 7032 authorizing certain amendments to the fiscal year 2025-26 budget and declaring this ordinance to be immediately effective as an appropriation measure.

17. Sacramento Urban Area Security Initiative - Capital Improvement Project, Grant Award, Contract Purchase Agreement, and Budget Adjustment (POLICE DEPARTMENT) Summary: Staff recommends authorization of a new Capital Improvement Project, acceptance of the 2024 Urban Area Security Initiative Subward, approval of a budget adjustment to appropriate $86,500 of grant funding in the City's Grants Fund, and approval of a contract purchase agreement with Peregrine Technologies Inc. for the purchase of Peregrine platform software. The total amount of the 3-year contract purchase agreement with Peregrine Technologies Inc. is $259,635. The annual costs for the Peregrine platform software are: Fiscal Year (FY) 2025-26, $84,000; FY2026-27, $86,520; and FY2027-28, $89,115. Future year purchases will be contingent upon approval of the Police Department's budget each fiscal year.

CONTACT: Mark Peinado 916-774-5021 [email protected] The City Council will consider the recommendation to:
a. Authorize the establishment of a new Capital Improvement Project, FY2024 Urban Area Security Initiative; and
b. Adopt Resolution No. 26-014 approving a subaward grant agreement, by and between the City of Roseville and the City of Sacramento, and authorizing the City Manager to execute it on behalf of the City of Roseville; and
c. Adopt Ordinance No. 7030 authorizing certain amendments to the fiscal year 2025-26 budget

and declaring this ordinance to be immediately effective as an appropriation measure; and d. Adopt Resolution No. 25-015 approving an agreement, by and between the City of Roseville and Peregrine Technologies Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.

18. Baseline Road & Watt Avenue - Notice of Completion (DEVELOPMENT SERVICES DEPARTMENT -

ENGINEERING DIVISION)
Summary: Staff recommends approval of the Notice of Completion for the Baseline Road & Watt Avenue Project as complete. The Engineering Division has made final inspection of the project and has found the roadway infrastructure work complete in accordance with the improvement plans and City specifications. This action has no impact to the City's General Fund. Construction costs were paid by the developer.

CONTACT: Andrew Druck 916-774-5577 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-004 accepting the Public Work known as Baseline Road & Watt Avenue Project, approving the "Notice of Completion", and authorizing and directing the City Engineer to execute said Notice on behalf of the City of Roseville, therefore, and accepting a portion of the dedications offered on ohe recorded map of the subdivision.

19. Fair Political Practices Commission Model Conflict of Interest Code Update (CITY CLERK

DEPARTMENT)
Summary: Staff recommends that the City Council adopt a resolution amending the Fair Political Practices Commission Model Conflict of Interest Code and Repealing Resolution No. 24-018.

CONTACT: Helen Dreyer [email protected]
The City Council will consider the recommendation to:
a. Adopt resolution 26-016 amending the Fair Political Practices Commission Model Conflict of Interest Code and Repealing Resolution No. 24-018.

20. Second Reading - Backflow Prevention Inspection and Cross-Connection Control - Municipal Code Amendment (ENVIRONMENTAL UTILITIES DEPARTMENT)
Summary: Staff recommends approval of a second reading of an ordinance amending Chapter

14.10 of the Roseville Municipal Code, which prescribes regulations governing Backflow Prevention and Cross-Connection Control.

CONTACT: Rachel Tooker 916-746-1712 [email protected] The City Council will consider the recommendation to:

a. Adopt Ordinance No. 7027 amending Chapter 14.10 of Title 14 of the Roseville Municipal Code regarding Backflow Prevention Inspection and Cross-Connection Control.

21. Second Reading - Park and Park Facility Exclusions - Municipal Code Amendment (CITY

ATTORNEY DEPARTMENT)
Summary: Staff recommends the City Council approve an ordinance for second reading amending Roseville Municipal Code Section 8.02.316, “Park and park facility exclusions." City staff is proposing modifications to the existing park and park facility exclusion ordinance to provide clarity to staff and the public and increase operational efficiencies.

CONTACT: Joseph Speaker 916-774-5325 [email protected] The City Council will consider the recommendation to:
a. Adopt Ordinance No. 7028 amending Section 8.02.316 of Chapter 8.02 Of Title 8 of the Roseville Municipal Code Regarding Park And Park Facility Exclusions.

22. Second Reading - Use Type Classifications and Definitions - Municipal Code Amendment (DEVELOPMENT SERVICES - PLANNING)
Summary: Staff recommends the City Council approve the second reading ordinance amending Sections 19.08.080 and 19.95.030 of the Roseville Municipal Code regarding Use Type Classifications and Definitions clarifying the City's definitions for "kitchens" with the purpose of defining how dwelling units are classified in the Municipal Code.

CONTACT: Eric Singer 916-774-5536 [email protected] The City Council will consider the recommendation to:
a. Adopt Ordinance No. 7029 amending Section 19.08.080 of Chapter 19.08 and Section

19.95.030 of Chapter 19.95 of Title 19 of the Roseville Municipal Code Regarding Residential Use Types And Definitions.

23. Resolution - Rachel Tooker
Summary: Commend Rachel Tooker for her 12 years of outstanding service and dedication to the City of Roseville and the Environmental Utilities Department, congratulate her for her accomplishments and lasting contributions to the organization and the community, and wish her a long, healthy, and well-deserved retirement.

CONTACT: Arleta Wagenhals 916-774-5200 [email protected]

24. Staffing Changes and Side Letter Agreement with Roseville Police Association (HUMAN

RESOURCES DEPARTMENT)
Summary: As part of an ongoing assessment of the appropriate staffing levels to provide a high level of service to the community, staff recommends City Council approve the Seasonal/Temporary salary schedule reflecting an update to the Soccer Official pay structure. In addition, staff recommends that the City Council approve the side letter agreement between the

City of Roseville and the Roseville Police Association related to classifications eligible for certification/training special pay. For the remainder of FY2025-26, the estimated financial impact of these recommendations is $12,200 to the General Fund. Beyond this fiscal year, the recommended changes will have an estimated annual ongoing impact of $17,700.

CONTACT: Macy Dippert 916-774-5215 [email protected] The City Council will consider the recommendation to:
a. Adopt Ordinance No. 7033 amending Ordinance No. 7025, the salary ordinance for seasonal/temporary employees, as amended by appendix "A" to be effective January 24, 2026, as an urgency measure;
b. Adopt Resolution No. 26-017 approving a side letter to the Memorandum of Understanding for employees represented by the Roseville Police Association, and authorizing the City Manager to execute it on behalf of the City of Roseville.

25. Minutes of Prior Meetings (CITY CLERK DEPARTMENT)
Summary: Staff recommends approval of the minutes of the December 17, 2025 City Council Meeting.

CONTACT: Adilia Keller 916-774-5265 [email protected] The City Council will consider the recommendation to:
a. Approve the minutes of the December 17, 2025 City Council Meeting.

END OF CONSENT CALENDAR
VIII. PRESENTATIONS/REPORTS

26. Council Discretionary Funds Request - PRIDE Industries (CITY MANAGER DEPARTMENT -

ASSISTANT CITY MANAGER)
Summary: Memo from Executive Assistant Heather Blanco and City Clerk Carmen Avalos requesting the City Council consider a request for a $2,500 sponsorship from Council Discretionary Funds for PRIDE Industries' 60th Anniversary Gala on February 28, 2026, at PRIDE Industries' Roseville headquarters. This milestone event supports the 60 years of inclusion, innovation, and impact, bringing together leaders, change makers, and community supporters.

The event will spotlight the contributions of the Honorable Tony Coelho, former U.S.

Congressman and architect of the American Disabilities Act, who will receive the Lifetime Achievement Award. Guests and sponsors will champion PRIDE Industries' mission to create employment opportunities for people with disabilities, making this event a tribute to the past and a commitment to the future. The balance remaining in the Council’s Discretionary Funds for FY2025-26 is $11,321.

CONTACT: Heather Blanco 916-746-1171 [email protected]

The City Council will consider the recommendation to:
a. Consider a request for $2,500 sponsorship from Council Discretionary Funds for PRIDE Industries' 60th Anniversary Gala.

27. Council Discretionary Funds - Spanger Elementary Parent-Teacher Club (CITY MANAGER

DEPARTMENT - ASSISTANT CITY MANAGER)
Summary: Staff recommends the City Council consider a request for a $500 sponsorship from Council Discretionary Funds for Spanger Elementary Parent-Teacher Club to support its annual Pancakes & PJ’s community fundraiser on March 19, 2026. The event typically serves more than 400 attendees and is designed to be inclusive and affordable for all families. Proceeds from the 2026 event will help to upgrade the 20-year-old bookroom, which provides class sets of books for all grade levels to support reading instruction. The balance remaining in the Council’s Discretionary Funds for FY2025-26 is $11,321.

CONTACT: Heather Blanco 916-746-1171 [email protected] The City Council will consider the recommendation to:
a. Consider a request for a $500 sponsorship from Council Discretionary Funds for Spanger Elementary Parent-Teacher Club.

28. Development Impact Fee Reports for Fiscal Year Ended June 30, 2025 (FINANCE DEPARTMENT) Summary: Staff recommends Council accept the informational Development Impact Fee Reports prepared for the fiscal year that ended June 30, 2025. California state legislation sets certain legal and procedural parameters for the charging of development impact fees. This legislation was passed as AB1600 by the State Legislature and is now codified as California Government Code Sections 66000 through 66008.

CONTACT: Jeannine Thrash 916-774-5473 [email protected] The City Council will consider the recommendation to:
a. Accept the Informational Development Impact Fee Report.

29. Park Naming Policy Review (PARKS, RECREATION, AND LIBRARIES DEPARTMENT - PARK

DEVELOPMENT)
Summary: Staff recommends Council review of the Parks, Recreation & Libraries Department’s Park Naming Policy, and requests direction for revision if desired.

CONTACT: Tara Gee 916-774-5253 [email protected]
The City Council will consider the recommendation to:
a. Review the current Park Naming Policy and provide direction for revision.

IX. PUBLIC COMMENTS

This is the second opportunity to make a public comment on non-agenda items.

X. STAFF/COUNCIL REPORTS
XI. ADJOURNMENT

City Council
Communication
Meeting Date: 1/21/2026
Item #: V.2
File #: 0102-10
Item ID: 2026-2
Title: Resolution - Roseville High School Varsity Football Team Contact: Arleta Wagenhals 916-774-5200 [email protected]

SUMMARY
Recognize and commend Roseville High School Tigers Football Team, its administration, its coaches, student-athletes, and supporters, for winning the Sacramento-San Joaquin Section Championship, for achieving historic milestones during the 2025 season, and for representing the City of Roseville with distinction, grit, and Tiger pride.

RECOMMENDATION
Recognize and commend Roseville High School Tigers Football Team, its administration, its coaches, student-athletes, and supporters, for winning the Sacramento-San Joaquin Section Championship, for achieving historic milestones during the 2025 season, and for representing the City of Roseville with distinction, grit, and Tiger pride.

BACKGROUND
Not applicable

FISCAL IMPACT
Not applicable

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378.

Council approval of a resolution meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS

5. Support community engagement and advocacy
Respectfully Submitted,
Arleta Wagenhals, City Clerk Technician
Carmen Avalos, City Clerk
ATTACHMENTS:

1. Resolution - Roseville High School Football Team

REVIEWERS:

Arleta Wagenhals, City Clerk Department Created/Initiated - 1/9/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 1/9/2026 Michelle Sheidenberger, City Attorney Department Approved - 1/9/2026 Katrina Six, City Clerk Department Final Approval - 1/9/2026

City Council
Communication
Meeting Date: 1/21/2026
Item #: VII.3
File #: 0721
Item ID: 2025-943
Title: Roseville Transit Safety Plan Update
Contact: Ed Scofield 916-774-5449 [email protected]

SUMMARY
Staff recommends approval of the 2026 Roseville Transit Agency Safety Plan. This plan is required by federal law in order for the local agency to receive funding from the Federal Transit Agency. This year's plan approval has a couple of minor changes: safety committee member changes and minor formatting changes, which required updating the table of contents. Approval of the safety plan has no impact on the General Fund but will allow for additional federal funding for transit services in Roseville.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to approve the 2026 Roseville Transit Agency Safety Plan and authorize the City Manager to execute it on behalf of the City of Roseville.

BACKGROUND
On August 19, 2020, the City Council approved Roseville Transit's Agency Safety Plan. This plan was developed in response to the passage of the Moving Ahead for Progress in the 21s Century (MAP-21) Act, which required recipients of 49 U.S.C. Chapter 53 funding to develop and implement a Public Transportation Agency Safety Plan (PTASP). The City continues to receive transit funding under the following Chapter 53 programs:
• Urbanized Area Formula Program (5307 Funds)
• Buses and Bus Facilities Program (5339 Funds)
The purpose of the PTASP is to improve public transportation safety by guiding transit agencies to manage safety risks more effectively and proactively in their systems.

Since the approval of Roseville Transit's Agency Safety Plan in 2020, staff conducts regular reviews of the document to ensure accuracy and inclusion of the most updated information. On December 18, 2024, the City Council approved the latest version of the PTASP to satisfy additional requirements that were established for the PTASP, as part of the Bipartisan Infrastructure Law signed into law on November 15, 2021. Through the PTASP regulation (49 C.F.R. § 673), the FTA requires transit agencies to form a safety committee to implement a safety management system to manage safety risk, and to help agencies maintain or improve their safety performance. As part of this process, the Bipartisan Infrastructure Law requires transit agencies to review and seek annual approval of the latest PTASP from its governing body, which in this case is the Roseville City Council. The Safety Committee, which consists of Roseville staff and employees from MV Transit, which operates day-to-day service under contract with the City of Roseville, reviewed the most recent PTASP version and had some minor updates to the previous version.

Those edits consist of:

1. Safety Committee Member Changes (pg.17)

2. Minor Formatting Changes, which required updating the Table of Contents (pg.2) To satisfy FTA requirements, staff is seeking Council approval of the attached PTASP to satisfy the annual update requirement for 2026. If approved, the City Manager will sign the document as the Accountable Executive.

FISCAL IMPACT
This amendment will not result in a direct fiscal impact. However, having an updated Agency Safety Plan allows the City to maintain compliance with FTA requirements to receive funding under 49 U.S.C. Chapter

53. ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS

1. Ensure a safe and healthy community

2. Remain fiscally responsible in a changing world
Respectfully Submitted,
Ed Scofield, Alternative Transportation Planner
Jason Shykowski, Public Works Director
ATTACHMENTS:

1. Resolution 26-011

2. Roseville Transit Safety Plan
REVIEWERS:

Ed Scofield, Public Works Department - Transportation Created/Initiated - 12/22/2025 Ed Scofield, Public Works Department - Transportation Approved - 12/22/2025 Jason Shykowski, Public Works Department - All Approved - 12/23/2025 Kelly Aye, City Attorney Department Approved - 1/5/2026 Katrina Six, City Clerk Department Approved - 1/5/2026
Ryan DeVore, City Manager Department - Assistant City Manager Approved - 1/6/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 1/7/2026 Michelle Sheidenberger, City Attorney Department Approved - 1/7/2026 Dominick Casey, City Manager Department - City Manager Approved - 1/8/2026 Katrina Six, City Clerk Department Final Approval - 1/8/2026

RESOLUTION NO. 26-011
APPROVING THE 2026 ROSEVILLE TRANSIT AGENCY SAFETY PLAN, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, on August 19, 2020, the City Council approved Roseville Transit’s Agency Safety Plan; and
WHEREAS, this plan was developed in response to the passage of the Moving Ahead for Progress in the 21st Century (MAP-21) Act, which required recipients of 49 U.S.C. Chapter 53 funding to develop and implement a Public Transportation Agency Safety Plan (PTASP); and WHEREAS, staff provides regular reviews of the document to ensure accuracy and inclusion of the most updated information; and
WHEREAS, on December 18, 2024, the City Council approved the latest version of the PTASP to satisfy additional requirements that were established for the PTASP, as part of the Bipartisan Infrastructure Law signed into law on November 15, 2021; and WHEREAS, the 2026 Roseville Transit Agency Safety Plan has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said 2026 Roseville Transit Agency Safety Plan is hereby approved and the City Manager is hereby authorized to execute it as the Accountable Executive on behalf of the City of Roseville.

BE IT FURTHER RESOLVED, that the City Manager is authorized to approve future minor and non-substantive changes to this document without further City Council approval.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2026, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk

CITY OF ROSEVILLE

ROSEVILLE TRANSIT

AGENCY SAFETY PLAN

City of Roseville
Roseville Transit Agency Safety Plan 1
City of Roseville
316 Vernon Street, Suite 150
Roseville, CA 95678
Roseville Transit
Agency Safety Plan
Adopted: 8/19/2020
Amended: 12/18/2025

_____________________________ ____________
Signature of Accountable Executive Date

City of Roseville
Roseville Transit Agency Safety Plan 2

Table of Contents
Executive Summary ............................................................................................................................ 3

1. Transit Agency Information .......................................................................................................... 4

2. Plan Development, Approval, and Updates ................................................................................. 5

3. Safety Performance Targets ........................................................................................................ 7

4. Safety Management Policy .......................................................................................................... 9

5. Safety Risk Management ........................................................................................................ 133

6. Safety Assurance .................................................................................................................... 166

7. Safety Promotion ....................................................................................................................... 19

8. Additional Information ................................................................................................................ 21

9. Definitions ................................................................................................................................ 211

10. Attachments ............................................................................................................................... 23

City of Roseville
Roseville Transit Agency Safety Plan 3
Executive Summary
Moving Ahead for Progress in the 21st Century (MAP-21) grants the Federal Transit Administration (FTA) the authority to establish and enforce a comprehensive framework to oversee the safety of public transportation throughout the United States. As a component of this safety oversight framework, MAP-21 requires recipients of FTA Chapter 53 funding to develop and implement a Public Transportation Agency Safety Plan (PTASP) based on the Safety Management Systems (SMS) approach. As a recipient of FTA Chapter 53 funding, the City of Roseville is required to develop and implement a PTASP.

This document serves as the City of Roseville’s PTASP required by 49 U.S.C. § 5329. The purpose of this PTASP is to be a comprehensive agency safety plan that is consistent with FTA’s PTASP final rule under 49 C.F.R. § 673. The plan includes the following requirements:
 An approval by the agency’s Accountable Executive and the City Council;  The designation of a Chief Safety Officer;
 The documented processes of the City’s SMS, including the City’s Safety Management Policy (SMP) and processes for Safety Risk Management (SRA), Safety Assurance (SA), and Safety Promotion (SP);
 An Employee Safety Reporting Program (ESRP);
 Performance targets based on the safety performance measures established in FTA’s National Public Transportation Safety Plan (NSP);
 Criteria to address all applicable requirements and standards set forth in FTA’s Public Transportation Safety Program and the NSP; and
 A process and timeline for conducting an annual review and update of the safety plan.

City of Roseville
Roseville Transit Agency Safety Plan 4

1. Transit Agency Information
Transit Agency Name City of Roseville
Transit Agency
Address 316 Vernon Street, Suite 150, Roseville, CA 95678 Name and Title of
Accountable
Executive
Dominick Casey, City Manager
Name of Chief Safety
Officer
Dominick Casey, City Manager – Delegated to the Alternative Transportation Manager
Mode(s) of Service
Covered by This Plan
Fixed Route Bus
Service (Commuter &
Local),
Complementary
Paratransit and
Demand Response
Service
List All FTA
Funding Types 5307, 5339(a), 5339(b),
5310
Mode(s) of Service
Provided by the
Transit Agency
(Directly operated or
contracted service)
Fixed Route Bus Service (inclusive of Local and Commuter Service), Complementary Paratransit and Demand Response Service
(Transit operation services are contracted.)
Does the agency
provide transit
services on behalf of
another transit
agency or entity?
Yes

No

Description of
Arrangement(s)
N/A
Name and Address of
Transit Agency(ies) or
Entity(ies) for Which
Service Is Provided
N/A

City of Roseville
Roseville Transit Agency Safety Plan 5

2. Plan Development, Approval, and Updates
Name of Entity That
Drafted This Plan
City of Roseville, Public Works Department – Alternative Transportation Division
Signature by the
Accountable
Executive
Signature of Accountable Executive Date of Signature
See page #1 See page #1
Approval by the
Board of Directors or
an Equivalent
Authority
Name of Entity That Approved This
Plan Date of Approval
Roseville City Council See Attachment #1
Relevant Documentation (Title and Location)
Resolution is found in Attachment #1
Certification of
Compliance
Name of Entity That Certified This Plan Date of Certification City of Roseville See Attachment #2
Relevant Documentation (Title and Location)
Annual Certs & Assurances is located in FTA Transit Award Management System (TrAMS)
Version Number and Updates
Version
Number
Section/Pages
Affected Reason for Change Date Issued
Rev. 2
Minor Edits
Section 6-Safety
Committee
Attachment 3
Update includes Safety Committee information
and an updated Attachment 3 (City of Roseville
Injury and Illness Prevention Program).
1/18/23
No changes Annual Council Approval 12/20/23
No changes Annual Council Approval 12/18/24
Rev. 3
Safety Committee
Members: Page
17 Annual Council Approval 1/21/26

City of Roseville
Roseville Transit Agency Safety Plan 6
Annual Review and Update of the Roseville Transit Agency Safety Plan This plan addresses all applicable requirements and standards as set forth in FTA’s Public Transportation Safety Program and the National Public Transportation Safety Plan.

This Plan will be jointly reviewed and updated by key staff with the assistance of subject matter experts, each year. Beginning in 2023, the Safety Committee will approve the plan and any changes annually, then forward to the Accountable Executive and the City Council for approval.

In addition to the annual review and update process, the Roseville Transit Agency Safety Plan is also reviewed or updated on an ad-hoc basis when there is a determination made that the approaches in this plan are ineffective in mitigating safety deficiencies, there are significant changes to service delivery, there are new processes or procedures implemented that impact safety, there is a substantial change in financial resources available to the City of Roseville, and/or there is a significant change in the City’s organizational structure.

The Roseville Transit Agency Safety Plan is a living document that is updated annually and incorporates by reference the following City policies and procedures:
 City of Roseville Injury and Illness Prevention Program (Attachment #3)  Chapter 3.16 of the Roseville Municipal Code
The City of Roseville’s contracted transit operator, MV Transportation, Inc. (MV), has established safety policies and procedures, identified in its Safety Policy Manual (Attachment #4).

City of Roseville
Roseville Transit Agency Safety Plan 7

3. Safety Performance Targets
The City of Roseville has developed Safety Performance Targets consistent with performance measures established by FTA in the National Public Transportation Safety Plan. In the most recent version, the 2017 NSP3, FTA adopted four initial Safety Performance Measures: (1) Fatalities, (2) Injuries, (3) Safety Events, and (4) System Reliability. These targets were developed based data specific to Roseville, the region, and the state of California.

The Roseville Short Range Transit Plan 2018-2025 (SRTP) identifies safety performance goals, objectives and standards related to Safety Performance Targets. The SRTP identifies the following standards under the goal to provide safe, reliable, and high-quality transportation:
 passenger injuries = <1 per 100K boardings (~ 250,000 Vehicle Revenue Miles (VRM))  all accidents = < 1per 25K miles
 reliable transit service = >10,000 miles per road call Per the California State Highway Safety Report (2018) the State target is 0.995 traffic fatalities per 100M vehicle miles traveled.

This information was used to develop the Safety Performance Targets below.

Safety Performance Targets for all Roseville Transit modes Fatalities Injuries Safety Events System Reliability
Total Rate Total Rate Total Rate
0 <1 per
100,000,000
VRM
0 < 1 per
250,000
VRM
0 < 1 per
25,000 VRM
>10,000 miles between
major mechanical failures
Fatalities & Injures: transit customers, transit employees, and any public involved in related safety events.

Safety Events: Collisions (vehicle-to-vehicle, vehicle-to-person, vehicle-to-object), Fires, and Evacuations for life safety reasons.

Major Mechanical System Failures: Major mechanical system failures prevent a vehicle from completing or starting a scheduled revenue trip because actual movement is limited or because of safety concerns.

Examples of major bus failures include breakdowns of brakes, doors, engine cooling systems, steering, axles, and suspension.

The contracted transit operator provides monthly Incident Report Logs and Daily Breakdown Logs to the City of Roseville Alternative Transportation Division. This information is available on an internal shared drive and the Alternative Transportation Division reviews this data and reports safety performance measures to the National Transit Database (NTD) as required. The current safety measures reported to NTD include number of fatalities, injuries and safety events for all Roseville modes.

City of Roseville
Roseville Transit Agency Safety Plan 8
Safety Performance Target Coordination
MPO Coordination: The Sacramento Area Council of Governments (SACOG), the City’s MPO, receives and reviews the City of Roseville’s Transit Asset Management (TAM) Plan annually, which includes performance targets related to safety. The TAM Plan must also be approved and adopted by the City of Roseville. The City’s Alternative Transportation Manager attends bimonthly SACOG meetings where SACOG staff are updated regarding safety performance targets on an as-needed basis.

State DOT Coordination: The California DOT conducts regular audits of the City of Roseville related to public transportation safety. These include: Motor Carrier Unit of the California Highway Patrol (CHP) annual Safety Compliance Report (CHP-343), and State of California Department of Motor Vehicles “Driver Pull Notice Program”.

Targets
Transmitted to
the State
State Entity Name Date Targets Transmitted
CA DOT
______________________
Targets will be shared with the State
Annually/Upon Request.

Targets
Transmitted to
the Metropolitan
Planning
Organization
Metropolitan Planning Organization
Name Date Targets Transmitted
SACOG
______________________
Targets will be shared with the MPO
Annually/Upon Request.

City of Roseville
Roseville Transit Agency Safety Plan 9

4. Safety Management Policy
Safety Management Policy Statement
The City of Roseville is committed to public transportation safety. We will continue to implement, develop, and improve strategies, management systems, and processes to ensure that all our public transportation activities uphold the highest level of safety performance and meet required safety standards.

We will develop and embed a safety culture in all our activities that recognizes the importance and value of effective safety management and acknowledges at all times that safety is paramount.

We will clearly explain for all staff their accountabilities and responsibilities for the development and operation of the Safety Management System (SMS).

For passengers and employees, we will minimize the safety risk associated with transit service to as low as reasonably practicable and we will work to comply with all legislative and regulatory requirements and standards. We also will work to ensure that all employees are provided with adequate and appropriate safety information and training, are competent in safety matters, and are only allocated tasks commensurate with their skills.

We have established safety performance targets to help us measure the overall effectiveness of our processes and ensure we meet our safety objectives. We will keep employees informed about safety performance goals and objectives to ensure continuous safety improvement.

Safety Management Policy Communication
During the initial implementation of the Roseville Transit Agency Safety Plan, the Safety Management Policy will be communicated to all transit-involved employees, including contract staff, to explain the agency’s safety culture and describe how the SMS works under the plan.

The City’s Injury and Illness Prevention Program and safety culture is communicated upon hire, and is assigned and tracked through RoseU, the City’s online training platform.

The Chief Safety Officer, or designee, is the resource person for providing a transit agency-wide perspective on the City’s approach to safety management policy communication. The extent of the safety training needs will depend on the safety responsibilities of the individual staff members and the nature of tasks performed.

City of Roseville
Roseville Transit Agency Safety Plan 10
Authorities, Accountabilities, and Responsibilities
Accountable
Executive
City Manager - As established under RMC Sec. 2.10, the City manager shall supervise the administrative affairs of the City. The City manager shall be charged with the preservation of the public peace and health, the safety of persons and properties, the enforcement of law, and the development and utilization of the City’s resources. The City manager shall keep the council informed of the condition and needs of the City and shall make such reports and recommendations as the City manager may deem desirable and perform such other duties as may be prescribed by the City charter or required by ordinance or resolution of the council not inconsistent with the charter.

The City Manager serves as the Accountable Executive, meeting the requirements of 49 C.F.R. §673.5 and §673.23(d)(1). This individual:
 has the responsibility for carrying out the Roseville Transit Agency Safety Plan (ASP) and Transit Asset Management (TAM) Plan;  has control or direction over the human and capital resources needed to develop and maintain both the Roseville Transit ASP, in accordance with 49 U.S.C. 5329(d), and the Roseville’s TAM Plan in accordance with 49 U.S.C. 5326; and
 is accountable for ensuring that the Roseville Transit Safety Management System (SMS) is effectively implemented, and action is taken, as necessary, to address substandard performance in Roseville Transit’s SMS.

The City Manager may delegate specific responsibilities, but the ultimate accountability for the City of Roseville’s transit safety performance cannot be delegated and always rests with the City Manager.

Chief Safety Officer
The City Manager serves as the Chief Safety Officer, meeting the requirements of 49 C.F.R. §673.5 and §673.23(d)(2). This individual has the authority and responsibility for day-to-day implementation and operation of Roseville Transit’s SMS.

The City Manager has designated responsibilities of this role to the Alternative Transportation Manager, which holds a direct line of reporting to the Accountable Executive.

Agency Leadership
and Executive
Management
City Council - The City of Roseville is a Council-Manager form of government in which responsibilities are vested in the City Council and the City Manager. In this form of government, the City Council’s role is that of a legislative policy-making body which determines not only the local laws that regulate community life but also determines public policy and gives direction to the City Manager.

Transportation Commission – This eight-member commission is established by the City Council to study various issues that affect Roseville residents. The Transportation Commission reviews and makes

City of Roseville
Roseville Transit Agency Safety Plan 11
recommendations to the City Council related to the community’s transportation needs. The Transportation Commission also reviews Roseville Transit’s performance measures.

Key Staff
City Attorney - plans, organizes, directs and reviews the activities and operations of the City Attorney’s Office including civil and criminal matters; to coordinate assigned activities with other departments and outside agencies; and to provide highly responsible and complex legal support to the City Council, boards and commissions, the City Manager and City department heads.

Human Resources Director - plans, organizes, and directs the City’s Human Resources Department services in the areas of recruitment and selection, classification and compensation, employee and labor relations including collective bargaining, organizational and employee development, policy development and administration, benefits, legal compliance, and risk management; provides expert professional assistance to City Executives and departmental management in areas of responsibility; and coordinates assigned activities with other departments, outside agencies, and the community. The Human Resources Director is designated as the Program Administrator of the City’s Injury and Illness Prevention Program (IIPP).

Public Works Director - plans, organizes, directs and reviews the activities and operations of the Public Works Department including the City’s Engineering Division, Street Maintenance Division, Fleet Services Division Facilities Services Division, and Alternative Transportation Division; coordinates assigned activities with other departments and outside agencies; and provides highly responsible and complex administrative support to the Assistant City Manager.

Alternative Transportation Manager - plans, organizes, directs and coordinates the public transportation activities of the Alternative Transportation Division with the Public Works Department.

Transit Operations Supervisor (previously known as the Alternative Transportation Analyst) - provides highly responsible administrative and technical duties for development, administration, and implementation of transit-related programs.

Fleet Manager - plans, organizes, directs and coordinates the activities of the Fleet Services Division within the Public Works Department and coordinates fleet maintenance activities with other divisions and departments.

Risk Manager - plans, organizes, directs and coordinates the activities of the Risk Management Division within the Human Resources Department including safety, liability, property, workers’ compensation and unemployment programs.

City of Roseville
Roseville Transit Agency Safety Plan 12
Public Information Officer - plans, organizes, coordinates and implements City-wide communications program operations within the Public Affairs & Communications Department; serves in Emergency Operations Center public information section in the event of emergency in Roseville; directs communication content with print, electronic, video, and news media.

Transit Operator - General Manager (Contractor) - provides overall management and supervision of transit operations under the terms of the transit operator contract.

Transit Operator - Safety & Training Manager (Contractor) - ensures agency safety compliance and regulations are met on behalf of the contracted transit operator.

Occupational Health and Safety (OHS) Committee - a working group of management employees that recommend policy direction, provide oversight on the implementation of established procedures and identify safety related resources within individual departments to be used throughout the organization.

Employee Safety Reporting Program
Per City’s Injury and Illness Prevention Program (IIPP), employees are encouraged to promptly report any and all hazards and/or safety issues to management in order to assure that hazards and safety issues are addressed and corrected in a timely manner. It is the intent of the City to encourage and solicit employee input and participation in the Safety Program by identifying hazards and safety issues without fear of reprisal. However, should employees wish to remain anonymous, the City has provided mechanisms by which employees can report hazards or safety issues without identifying themselves.

Confidential hazard reporting can be accomplished through written reports. Anonymous reporting can be mailed to the Chief Safety Officer, or designee, via internal mail or regular mail.

The City’s Anti-Reprisal Policy, per the Injury and Illness Prevention Program, states that employees shall not be discharged or discriminated against in any manner for reporting of health and safety hazards to the City of Roseville or to appropriate governmental agencies. Managers and supervisors shall inform employees of this policy and encourage reporting of workplace hazards to management.

Roseville Municipal Code Chapter 3.16 outlines the City’s personnel discipline policy and describes employee behaviors that may result in disciplinary action.

The City’s contracted transit operator provides policies and procedures for employee safety reporting in its employee handbook. Employees are encouraged to promptly report safety concerns to appropriate management, who then are responsible to communicate the concerns to the Chief Safety Officer, or designee. Key city management and transit operator management communicate safety concerns on a continued basis, which include bi-monthly transit coordination meetings and vehicle coordination meetings.

City of Roseville
Roseville Transit Agency Safety Plan 13

5. Safety Risk Management
Safety Risk Management Process
Safety Hazard Identification
FTA defines a hazard in 49 C.F.R. § 673.5 as “any real or potential condition that can cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment.” Employing this terminology for this PTASP, the City of Roseville uses both external and internal sources to identify safety hazards.

External Sources
State: External sources from the State of California include CHP reports and DMV driver pull reports. These reports are reviewed by the Chief Safety Officer, or designee, and oversight agencies.

FTA: Key Staff review safety guidance published by the FTA such as general directives, safety advisories, and safety bulletins and make recommendations to the Chief Safety Officer or designee, Accountable Executive and Agency Leadership as necessary.

Other: Other external hazard identification sources include reports from the public, regional alerts, and information from the industry and oversight authorities.

Internal Sources
The City of Roseville uses the following internal safety hazard identification methods:
 Employee Safety Reporting
 Safety Coordination Meetings
 The City of Roseville Website & City Alerts (Traffic, Transit, Roadway, Weather, Flood, Special Events, etc.)
 Individual Vehicle Records & Inspection Reports
 Road Operation Reports – Spot Checks and Ride Checks
 Facility Inspection Records
 On-board Radio Communication System
 On-board Video System
 Real-time and Historical Operational Performance Monitoring  Dispatch/Breakdown Logs
 Equipment Inspection Records
 Drug and Alcohol Testing Procedures

City of Roseville
Roseville Transit Agency Safety Plan 14
 Training Records
 Intelligent Transportation System Monitoring (Street cameras)  Investigation Reports
Hazards shall be prioritized and corrected when observed or discovered. Hazards that cannot be corrected with the resources available to managers or supervisors shall be reported to the Chief Safety Officer, or designee, and may be recorded in a Hazard Log.

Any identified hazard that poses an immediate risk to transit operations, the health and safety of employees or the public, or equipment must immediately be brought to the attention of the Chief Safety Officer, or designee, and placed through the Safety Risk Management process for safety risk assessment and mitigation. Otherwise, hazards that do not pose an immediate safety risk will be evaluated through the Safety Risk Management process.

The Chief Safety Officer, or designee, will investigate hazards per the procedures outlined in the City’s Injury and Illness Prevention Program (IIPP).

Safety Risk Assessment
Once hazards have been identified, the Chief Safety Officer, or designee, will conduct an assessment to determine potential consequences and risk level. Factors to be considered are the likelihood of occurrence, the severity of the consequences should there be an occurrence, and the level of exposure to the hazard. The Chief Safety Officer, or designee, will assess risks subjectively by experienced personnel using a Safety Risk Assessment Matrix.

The following hazard severity levels apply:
 Catastrophic (1) - Could Result in one or more of the following: death, permanent total disability, irreversible significant environmental impact, or monetary loss equal to or exceeding $10M.
 Critical (2) - Could result in one or more of the following: permanent partial disability, injuries or occupational illness that may result in hospitalization of at least three personnel, reversible significant environmental impact, or monetary loss equal to or exceeding $1M but less than $10M.
 Marginal (3) - Could result in one or more of the following: injuries or occupational illness resulting in one or more lost work day(s), reversible moderate environmental impact, or monetary loss equal to or exceeding $100k but less than $1M.  Negligible (4) - Could result in one or more of the following: injuries or occupational illness not resulting in lost work day, minimum environmental impact. Or monetary loss less than $100k.

Safety Risk probability and Safety Risk severity are combined into the Safety Risk Assessment Matrix to help prioritize safety risks according to the following Safety Risk Assessment Matric table.

Safety Risk Assessment Matrix
Likelihood/
Severity
Catastrophic
(1)
Critical
(2)
Marginal
(3)
Negligible
(4)
Frequent (A) HIGH HIGH HIGH MEDIUM

City of Roseville
Roseville Transit Agency Safety Plan 15
Probable (B) HIGH HIGH MEDIUM MEDIUM
Occasional (C) HIGH MEDIUM MEDIUM LOW
Remote (D) MEDIUM MEDIUM LOW LOW
Improbable (E) LOW LOW LOW LOW
Safety Risk Index Criteria by Index
HIGH Unacceptable – Action Required:

Safety risk must be mitigated or eliminated.

MEDIUM
Undesirable – Management Decision:

Executive management must decide
whether to accept safety risk with
monitoring or require additional action.

LOW
Acceptable with Review:

Safety risk is acceptable pending
management review.

Safety Risk Mitigation
The City of Roseville will use the results of safety risk assessments to help prioritize safety risks.

Results of the risk assessment process will help determine whether the risk is being appropriately managed or controlled. If the risks are acceptable, the hazard will simply need monitoring. If the risks are unacceptable, steps will be taken to lower the risk to an acceptable or tolerable level, or to remove or avoid the hazard. The level of risk can be lowered by reducing the severity of the potential consequences, by reducing the likelihood of occurrence and/or by reducing the exposure to that risk.

Key strategies to minimize the types of risks that potentially exist include:
 Development and deployment of policies and procedures that address known hazards and risks,
 Discussion of other actions, strategies and procedures that might help safeguard against unknown/unforeseen risks,
 Training of drivers and other agency staff on all safety policies and procedures,  Training of drivers and other agency staff on methodologies for handling emergencies, and  Training of drivers and staff on proper and effective use of emergency equipment and communication technologies and protocol.

City of Roseville
Roseville Transit Agency Safety Plan 16

6. Safety Assurance
Safety Performance Monitoring and Measurement
As part of the Safety Assurance Process, the City of Roseville:
 Monitors Safety Management System Compliance through:
o Safety audits,
o Informal inspections,
o Regular review of on-board camera footage to assess drivers and specific incidents, o Employee safety reporting program,
o Employee accountability processes,
o Investigation of safety occurrences,
o Safety review prior to the launch or modification of any facet of service, o Daily data gathering and monitoring of data relating to the delivery of service, o Regular vehicle inspections and preventative maintenance, and o Continuous feedback between leadership at all levels of the agency.  Develops Effective Safety Risk Mitigations by:
o Monitoring safety risk mitigations to determine if they have been implemented and are effective, appropriate, and working as intended;
o Establishing mechanisms for monitoring safety risk mitigations as part of the mitigation implementation process and assigns monitoring activities to the appropriate director, manager, or supervisor;
o Reviews the performance of safety risk mitigations during bimonthly safety coordination meetings and determines if specific safety risk mitigation is not implemented or performing as intended;
o Implementing actions to modify mitigations not performing as intended; o Monitoring transit operations on a large scale to identify mitigations that may be ineffective or not implemented as intended by:
 Reviewing results from accident, incident, and occurrence investigations,  Monitoring employee safety reporting,
 Reviewing results of internal safety audits and inspections, and  Analyzing operational and safety data to identify emerging safety concerns.  Conducts investigations of safety events to identify causal factors by; o Maintaining documented policies and procedures for conducting safety investigations for events (accidents, incidents, and occurrences, as identified by FTA) ; o Reviewing existing mitigation measures in place at the time of an event per investigation policies;
o Maintaining documentation of results of investigations, including determination of whether:
 The accident was preventable or non-preventable,
 Personnel requiring discipline or retraining;
 Casual factors indicate that a safety hazard contributed or was present; and  The safety event was appeared to involve an underlying organization casual factor beyond individual employee behavior.

City of Roseville
Roseville Transit Agency Safety Plan 17
 Monitors Information Reported through Internal Safety Reporting Programs. o Key Staff routinely review safety data captured in employee safety reports, safety meeting minutes, customer complaints, and other safety communication channels.

When necessary, the Chief Safety Officer, or designee, ensure that the issues and concerns are investigated or analyzed through the safety risk assessment process. o Key staff also review the results of internal and external reviews, including audits and assessments, with findings affecting safety performance, compliance with operations and maintenance procedures, or the effectiveness of safety risk mitigations. Key staff and the Chief Safety Officer, or designee, discuss relevant safety issues and concerns with the Accountable Executive and executive management and documents the results of these reviews in the Hazard Log.

Safety Committee
The Safety Committee approves the agency’s PTASP and any updates to this document. This approval must occur before Roseville’s City Council approves any PTASP updates.

The Safety Committee will be responsible for the following:

1. Identifying and recommending risk-based mitigations and strategies necessary to reduce the likelihood and severity of consequences identified through Roseville’s risk assessment process.

2. Identifying mitigations or strategies that may be ineffective, inappropriate, or were not implemented as intended.

3. Identifying safety deficiencies for purposes of continuous improvement.

Appointments to the Safety Committee have been coordinated with our local labor organizations. The Committee will consist of an equal number of management/supervisory positions with frontline workers. The following positions have been assigned to Roseville’s Safety Committee:

Front Line Workers: Dispatcher (Union - MV), Driver (Union - MV) and Transportation Technician (Union - COR)
Management/Supervisor: Safety Manager (MV), Fleet Supervisor (COR) and Transit Operations Supervisor (COR).

Fatalities
In the event of a fatality, the City of Roseville complies with all FTA drug and alcohol requirements.

In California, every driver involved in an accident that results in death, injury, or property damage over $1000, effective January 1, 2017, must report the accident on a Report of Traffic Accident Occurring in California (SR 1) form to DMV. The report forms are available at www.dmv.ca.gov, by calling 1-800- 777-0133, and at CHP and DMV offices. Also, under California Vehicle Code §16002(b) the driver of a vehicle that is owned or operated by a publicly owned or operated transit system, or that is operated under contract with a publicly owned or operated transit system, and that is used to provide regularly scheduled transportation to the general public or for other official business of the system shall, within 10 days of the occurrence of the accident, report to the transit system any accident of a type otherwise required to be reported pursuant to subdivision (a) of Section 16000. MV requires driver notification to

City of Roseville
Roseville Transit Agency Safety Plan 18
MV Dispatch immediately in the event of an accident and maintains records of any report filed pursuant to this paragraph. The MV General Manager notifies the City of Roseville immediately, or within 24 hours, based on the severity of the event.

Management of Change
The City of Roseville is a Small Public Transportation Provider and, therefore, is not required to have a management of change process.

Continuous Improvement
The City of Roseville is a Small Public Transportation Provider and, therefore, is not required to have a continuous improvement process.

City of Roseville
Roseville Transit Agency Safety Plan 19

7. Safety Promotion
Competencies and Training
The Chief Safety Officer, or designee, ensures that all employees receive the training provided to understand their specific roles and responsibilities for the implementation of the Safety Management System (SMS).

All employees are required to acquire the competencies and knowledge for the consistent application of their skills as they relate to safety performance objectives. The City of Roseville dedicates resources to conduct effective safety-related skill training. The scope of the safety training is appropriate to each employee’s individual safety-related job responsibilities and their role in SMS. The City’s Injury and Illness Prevention Program (IIPP) describes the City’s Safety Training Program for City Employees. The City may have additional training requirements for contractors, which are described in any agreements between the City and the contractor. This includes training as described in the contract between the City of Roseville and the transit operator and identified in the transit operator’s Safety Policy Manual. The contracted transit operator provides ongoing training, retraining, and safety education for all safety sensitive positions, including but not limited to vehicle operators, dispatchers, and supervisory personnel, which conform to regulation agency requirements, e.g., Federal and State Departments of Transportation, California Highway Patrol and other applicable agencies.

Vehicle maintenance safety-related skill training includes the following:
 Ongoing skill training
 Hazardous material spill prevention & control
 Training provided by vendors
 Heat illness prevention
 Back injury prevention
 Equipment safety training, including but not limited to:
o Forklift
o Aerial
o Crane
 Traffic control & flagging
 Welding safety
 Fire extinguisher
 Injury & Illness prevention
 Bloodborne pathogen exposure control
 Outdoor smoke protection plan
 Drug & alcohol recognition
 Fall protection
 CPR/AED & first aid
 Hearing conservation

The operations skill training for safety-sensitive positions, provided by the contracted transit operator, includes the following:

City of Roseville
Roseville Transit Agency Safety Plan 20
 New-hire bus vehicle operator classroom and hands-on skill training, including but not limited to:
o Hazard communication,
o Drug and alcohol policies and procedures,
o Pre-trip and post trip inspections,
o Lift operations and securement systems,
o Onboard video systems,
o Defensive driving and road safety,
o Vehicle operations,
o Accident and emergency procedures,
o Fatigue management,
o Bloodborne pathogens,
o Road safety, and
o Americans with Disabilities Act
 Driver refresher training, under the following conditions:
o Return To Work (from inactive status) – Required when a driver/operator returns from “inactive” status (from a period of 30 days or more). In these cases, the driver must receive a one-day/8 hours “general purpose” refresher training designed to remind the driver of the general standards and defensive driving guidelines and to ensure his/her proficiency.
o Post Accident / For cause – Required after every “preventable” accident, or whenever mandated by management for retraining / corrective purposes. o Seasonal – Required annually at all divisions operating in seasonal adverse weather environments (i.e.: Winter driving, onset of adverse weather, etc.). o Biannually – At a minimum of every two years, each driver/operator shall receive a “general purpose” refresher training.
 Ongoing training for drug & policy procedures for safety sensitive positions.  Ongoing training for dispatchers, operations supervisors and managers.  Other safety-related training, including:
o System, security & emergency preparedness plan,
o Heat illness prevention plan,
o Injury prevention program, and
o Hazardous materials safety data sheets.

Safety Communication
The primary goal of safety promotion at the City of Roseville is to develop a positive safety culture that allows the SMS to succeed. A positive safety culture of the City of Roseville is one which is clearly communicated throughout the organization. This approach will foster informed employees that understand safety risks and are provided with the necessary knowledge, training, and resources that allow them to work continuously to identify risks and enhance safety.

The City of Roseville uses communication tools tailored to meet the needs of the public, employees, and contractors. Some of the tools the City of Roseville uses to communicate safety messages include:
 Email
 Bulletin board postings

City of Roseville
Roseville Transit Agency Safety Plan 21
 Posters
 Public service announcements
 Staff meetings
 Public meetings
 Social media posts
 City of Roseville website
 Internal employee website (HUB)
 Newsletters
Roseville Transit’s Public Participation Plan of the City of Roseville Title VI Program provides further guidance for public involvement associated with specified FTA funded activities. Additional information on employee safety communication is included in the IIPP.

The contracted transit operator may use the tools listed above or use other tools tailored specifically to meet the needs of the contracted transit employees to communicate safety messages.

8. Additional Information
The City of Roseville maintains documentation related to the implementation of its SMS; the programs, policies, and procedures used to carry out this ASP; and the results from its SMS processes and activities for three years after creation. They will be available to the FTA or other Federal or oversight entity upon request.

9. Definitions
Accident means an Event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of public transportation vehicles; and an evacuation for life safety reasons.

Accountable Executive means a single, identifiable person who has ultimate responsibility for carrying out the PTASP; responsibility for carrying out the agency's Transit Asset Management (TAM) Plan; and control or direction over the human and capital resources needed to develop and maintain both the agency's PTASP, in accordance with 49 U.S.C. 5329(d), and the City’s TAM Plan in accordance with 49 U.S.C. 5326.

Chief Safety Officer means an individual who has responsibility for safety and meets the requirements specified at 49 C.F.R.§673.5 and §673.23(d)(2).

Event means any Accident, Incident, or Occurrence.

FTA means the Federal Transit Administration, an operating administration within the United States Department of Transportation.

Hazard means any real or potential condition that can cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment.

Incident means an event that involves any of the following: a personal injury that is not a serious injury; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of Roseville Transit.

Investigation means the process of determining the causal and contributing factors of an accident, incident, or hazard, for the purpose of preventing recurrence and mitigating risk.

City of Roseville
Roseville Transit Agency Safety Plan 22
National Public Transportation Safety Plan means the plan to improve the safety of all public transportation systems that receive Federal financial assistance under 49 U.S.C. Chapter 53.

National Transit Database: means Nation’s source for information and statistics on the transit systems of the United States.

Occurrence means an Event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of Roseville Transit.

Performance Measure means an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets.

Performance Target means a quantifiable level of performance or condition, expressed as a value for the measure, to be achieved within a time period required by the Federal Transit Administration (FTA).

Public Transportation Agency Safety Plan means the documented comprehensive agency safety plan for a transit agency that is required by 49 U.S.C. 5329.

Risk means the composite of predicted severity and likelihood of the potential effect of a hazard.

Risk Mitigation means a method or methods to eliminate or reduce the effects of hazards.

Roseville Transit Agency Safety Plan means the City of Roseville’s Public Transportation Agency Safety Plan.

Safety Assurance means processes within the City’s Safety Management System that functions to ensure the implementation and effectiveness of safety risk mitigation, and to ensure that the City meets or exceeds its safety objectives through the collection, analysis, and assessment of information.

Safety Management Policy means the City’s documented commitment to safety, which defines the City’s safety objectives and the accountabilities and responsibilities of its employees in regard to public transportation safety.

Safety Management System (SMS) means the formal, top-down, organization-wide approach to managing safety risk and assuring the effectiveness of the City’s public transportation safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards.

Safety Performance Target means a Performance Target related to safety management activities.

Safety Promotion means a combination of training and communication of safety information to support SMS as applied to the transit agency's public transportation system.

Safety Risk Assessment means the formal activity whereby the City determines Safety Risk Management priorities by establishing the significance or value of its public transportation safety risks.

Safety Risk Management means a process within the City’s Public Transportation Agency Safety Plan for identifying hazards and analyzing, assessing, and mitigating safety risk.

Serious Injury means any injury which:
• Requires hospitalization for more than 48 hours, commencing within 7 days from the date of the injury was received;

City of Roseville
Roseville Transit Agency Safety Plan 23
• Results in a fracture of any bone (except simple fractures of fingers, toes, or noses); • Causes severe hemorrhages, nerve, muscle, or tendon damage; • Involves any internal organ; or
• Involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface.

Small Public Transportation Provider means a recipient or subrecipient of Federal financial assistance under 49 U.S.C. 5307 that has one hundred (100) or fewer vehicles in peak revenue service and does not operate a rail fixed guideway public transportation system.

State Safety Oversight Agency means an agency established by a State that meets the requirements and performs the functions specified by 49 U.S.C. 5329(e) and the regulations set forth in 49 CFR part 674.

Transit Asset Management Plan means the strategic and systematic practice of procuring, operating, inspecting, maintaining, rehabilitating, and replacing transit capital assets to manage their performance, risks, and costs over their life cycles, for the purpose of providing safe, costeffective, and reliable public transportation, as required by 49 U.S.C. 5326 and 49 CFR part 625.

Vehicle Revenue Miles means the hours that vehicles are scheduled to or actually travel while in revenue service. Vehicle revenue hours include: Layover / recovery time. Vehicle revenue hours exclude: Deadhead; Operator training; Vehicle maintenance testing; and School bus and charter services.

10. Attachments

1. City Council Approval (2020 & 2023)

2. Certification of Compliance (2024)

3. City of Roseville Injury and Illness Prevention Program (2019)

4. MV Safety Policy Manual

[insert Resolution]

[Insert Certification of Compliance]

City Council
Communication
Meeting Date: 1/21/2026
Item #: VII.4
File #: 0900-04
Item ID: 2025-638
Title: Stoney Point Way Drainage Repair Project - Approval of Plans and Specifications and Authorization to Call for Bids
Contact: Laura Salcedo 916-774-5437 [email protected]

SUMMARY
Staff recommends approval of plans and specifications for the Stoney Point Way Drainage Repair Project and authorization for staff to call for bids. The project scope consists of rehabilitating approximately 1,427 linear feet of existing 54-inch corrugated metal storm drain pipe with a concrete spray applied liner, along with the rehabilitation of two manhole bases. The construction of the project is estimated to cost $1.5 million and will be funded through the Highway Users Tax Fund. No General Fund resources will be used for the project.

RECOMMENDATION
Staff recommends the City Council approve the plans and specifications for the Stoney Point Way Drainage Repair Project and authorize staff to call for bids.

BACKGROUND
The Stoney Point Way Drainage Repair Project will rehabilitate approximately 1,427 linear feet of existing 54-inch corrugated metal storm drain pipe to proactively maintain aging storm drain infrastructure within the Maidu neighborhood.

The City will implement a trenchless rehabilitation method that minimizes surface disruption. This approach includes patching and applying a spray-on concrete liner to the interior of the pipes, restoring structural integrity and improving flow efficiency.

By opting for trenchless rehabilitation instead of full pipe replacement, the City expects to save approximately 30–40% in project costs while achieving a like-new condition. This cost-effective strategy allows the utility to maintain critical infrastructure while preserving surface features and reducing construction impacts.

Construction of the project is anticipated to begin and be completed in the summer of 2026. Staff has included a schedule within the contract that was created in coordination with the adjacent elementary school. The schedule will allow a majority of construction to take place while school is not in session to avoid impacts during the school year. Construction plans and specifications for the project have been completed and are attached.

PUBLIC OUTREACH
Public Works staff will work closely with our Public Affairs and Communications team to keep the community and stakeholders informed of the project and its impacts.

FISCAL IMPACT
Construction of the project is estimated to cost $1.5 million and will be funded by the Highway Users Tax Fund. It is anticipated a budget adjustment will be recommended to fund the project when staff returns to Council to award construction to the lowest responsible bidder.

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

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS

4. Invest in well-planned infrastructure and growth
Respectfully Submitted,
Laura Salcedo, Assistant Engineer
Jason Shykowski, Public Works Director
ATTACHMENTS:

1. Vicinity Map

2. Plans

3. Project Manual

4. Notice of Exemption - Class 1
REVIEWERS:

Laura Salcedo, Public Works Department - Engineering - City Project's Created/Initiated - 11/4/2025 Jesse Khatkar, Public Works Department - Engineering - City Project's Approved - 12/17/2025 Noah Siviglia, Public Works Department - Engineering - Traffic Engineering Approved - 12/17/2025 Stefanie Kemen, Public Works Department - Engineering - Traffic Engineering Approved - 12/18/2025 Gretchen Hakala, City Clerk Department Approved - 12/19/2025 Kelly Aye, City Attorney Department Approved - 1/5/2026 Katrina Six, City Clerk Department Approved - 1/5/2026
Ryan DeVore, City Manager Department - Assistant City Manager Approved - 1/6/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 1/7/2026 Michelle Sheidenberger, City Attorney Department Approved - 1/8/2026 Dominick Casey, City Manager Department - City Manager Approved - 1/8/2026 Katrina Six, City Clerk Department Final Approval - 1/8/2026

ROCKY RIDGE DRIVE

SOUTH CIRBY WAY

NORTH CIRBY WAY

JAMESTOWN
DRIVE
STONEY
C
H
A
M
PIO
N
O
A
K
S
D
RIV
E

EUREKA ROAD

PON TI W
AY

STONEY POINT WAY DRAINAGE

REPAIR PROJECT- LOCATION MAP

PROJECT

LOCATION
LEGEND

VERIFY SCALE

CITY OF ROSEVILLE CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100
6 2
G-2

STONEY POINT WAY DRAINAGE REPAIR PROJECT

GENERAL NOTES
GENERAL NOTES:

AIR QUALITY:

VERIFICATION-LOCATION:

EROSION/ / SEDIMENT CONTROL: LEGEND:

VERIFY SCALE

CITY OF ROSEVILLE CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100
6 3
G-3

STONEY POINT WAY DRAINAGE REPAIR PROJECT

CONSTRUCTION ACCESS & STAGING AREA
N
LEGEND:

SHEET C-2
SHEET C-3

VERIFY SCALE

CITY OF ROSEVILLE CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100
6 4
C-1

STONEY POINT WAY DRAINAGE REPAIR PROJECT

OVERALL SITE PLAN
N
N

VERIFY SCALE

CITY OF ROSEVILLE CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100
6 5
C-2

STONEY POINT WAY DRAINAGE REPAIR PROJECT

SITE PLAN
STA 10+00 to STA 32+69
N
CONSTRUCTION NOTES: PROPOSED CCCP QUANTITIES

VERIFY SCALE

CITY OF ROSEVILLE CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100
N
6 6
C-3

STONEY POINT WAY DRAINAGE REPAIR PROJECT

SITE PLAN
STA 40+00 to STA 60+41
CONSTRUCTION NOTES:

PROPOSED CCCP QUANTITIES

Streets & Bridges
Project Manual
Name of project:

Stoney Point Way Drainage Repair Project
City Project # 500494
Department:

Public Works—Engineering

Project No. 500494
The special provisions contained herein have been prepared by or under the direction of the following Registered Persons:

STORM DRAINS
Michael S. Massaro, Registered Engineer – C 64733

STONEY POINT WAY DRAINAGE REPAIR PROJECT
Project Approvals
APPROVAL RECOMMENDED BY:

NOAH SIVIG , .E., PRINCIPLE ENGINEER

PUBLIC WORKS - ENGINEERING

CITY OF ROSEVILLE
RCE 87197
APPROVED BY:

OWSKI, P.E.

C ORKS DIRECTOR

OF ROSEVILLE
RCE 58234

[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]

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

NTC - 1
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CITY OF ROSEVILLE

DEPARTMENT OF PUBLIC WORKS

STONEY POINT WAY DRAINAGE REPAIR PROJECT
City of Roseville Contract: 500494

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

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

A pre-bid meeting will be held at NOT APPLICABLE.

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

Bids shall be submitted on the City’s Proposal Forms included in the Project Manual, plainly endorsed with the Bidder’s name together with signed acknowledgement of any and all addenda. Proposal Forms shall be securely sealed in a suitable envelope marked with the name

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and address of the Bidder, and marked in capital letters on the front and back of the envelope as follows:

STONEY POINT WAY DRAINAGE REPAIR PROJECT
(Name of Bidder)
(Address of Bidder)
Whether mailed or personally delivered, all bids shall be addressed to the City of Roseville, Office of the City Clerk, 311 Vernon Street, Roseville, California, 95678.

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

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

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid by the submission deadline. Whether or not bids are opened exactly at the time fixed in the

NTC - 3
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public notice for opening bids, a bid will not be received after the deadline submission of bids nor may any bid be withdrawn after the time fixed in the public notice for deadline for submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and the City is under no obligation to return bids.

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

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

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

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

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

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

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All questions prior to the deadline for bid submissions shall be directed to the attention of Laura Salcedo via Public Purchase. The deadline for submissions of questions and clarifications regarding the Contract Documents is at 3:00 P.M. Only Addenda issued by the City are binding. ___________________________________
City Clerk, City of Roseville

Dated: _____________________________
Published: ________________________

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

The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of Work to be performed, the quantities of materials to be furnished, and as to the requirements of all the Contract Documents.
1-1.03 EXISTING INFORMATION. Where the Department has made investigations of site conditions, including subsurface conditions in areas where Work is to be performed under the Contract, such investigations are made only for the purpose of study and design. City does not represent that such conditions as found in these investigations or inferences or conclusions drawn as a result of these investigations will represent actual site

INT - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] conditions and hereby disclaims any liability as a result of Contractor’s or Bidder’s reliance on such investigations. City will presume that all Bidders have conducted their own site investigations, including investigations of subsurface conditions. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the Department as to such investigations subject to the conditions set forth in these Instructions to Bidders. Such inspection of records may be made only at the location noted above. The records of such investigations are not a part of the Contract Documents and are shown solely for the convenience of the Bidder or Contractor. The City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of the investigations made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. The City makes no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.

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

INT - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 2: BID REQUIREMENTS
2-1.01 PROPOSAL FORMS. The Department will furnish to each Bidder standard Proposal Forms, which, when filled out and executed may be submitted as the bid.

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

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

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

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

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

If the Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Proposal shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the Bidder other than an officer of a corporation or a member of a partnership, a notarized Power of

INT - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] Attorney must be on file with the City prior to opening of bids or must be submitted with the Proposal. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal. 2-1.02 SUBMISSION OF BIDS. Bids must be submitted at the prescribed time and location specified in the Notice to Contractors. Any submission received after the prescribed time shall be rejected, regardless of whether or not bids are opened exactly at the prescribed time.

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

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

INT - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 2-1.04 CONTRACTOR’S LICENSING LAWS. Attention is directed to the provisions of Business and Professions Code Chapter 9 of Division 3 concerning the licensing of Contractors.

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

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

Bidders shall submit a properly completed and executed “Noncollusion Declaration” in the form required by Public Contract Code Section 7106 and provided with the Proposal (PROP11). 2-1.06 DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any

INT - 6
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
2-1.07 PROPOSAL GUARANTY. All bids shall be accompanied by one of the following forms of Bidder's security: Cash, a cashier's check, a certified check, or a Bidder's bond executed by an admitted California surety insurer, made payable to the City of Roseville, or any other form of security deemed acceptable by the City Attorney. The security shall be in an amount equal to at least ten percent (10%) of the amount bid. A bid will not be considered unless one of the form of Bidder's security is enclosed with it.

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

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

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

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

INT - 7
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] The prices included within the Schedule of Bid Prices shall include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and all other costs necessary to perform the Work in accordance with the Contract Documents.

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

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

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

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

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

The City reserves the right to delete any bid item in its entirety and/or significantly reduce the quantity of Work under a bid item. The City makes no representation that any Work

INT - 8
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] under a bid item will be performed during the course of the Project or that the Work will be performed at the quantities included in the Schedule of Bid Prices. As provided in the Standard Construction Specifications, for any deleted Work, Contractor shall not be entitled to payment of the indirect costs and profit included for said bid item. All bid items shall be considered distinct and severable from the remaining bid items, and each Bidder acts at its peril if its bid is unbalanced.

The City shall compare bids on the basis of the Grand Total Bid Price, which includes the base bid and any alternates designated on the Schedule of Bid Prices. Alternates may or may not be awarded, or may be awarded in any combination, at the City’s discretion. 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the Notice to Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or its duly authorized representative, for the withdrawal of such bid is filed with the City Clerk. Facsimile and electronic mail requests are not acceptable. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. The withdrawal of any bid after the time fixed in the Notice to Contractors for the opening of bids will not be permitted.
2-1.10 ADDENDUM. Proposals shall include all costs and account for all Addenda issued prior to opening of bids. The Bidder is responsible for verifying that all issued Addenda have been received. An Addendum acknowledgment form for each Addendum shall be included as part of the Proposal submittal.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present.

INT - 9
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 2-1.12 TRENCHING AND EXCAVATION WORK. In accordance with the provisions of California Labor Code Section 6707, if the Work involves construction of a pipeline, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are five feet (5') or deeper, each bid submitted shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to all applicable safety orders.

INT - 10
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 3: EVALUATION OF BIDS
3-1.01 BID EVALUATION PROCESS. Bids will be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Grand Total Bid Price, as shown in the Schedule of Bid Prices. If additive or deductive alternates are used in the Schedule of Bid Prices, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for base contract items plus the alternates designated by the City as those that will be used for determining the lowest bid price. However, the City reserves the right to (1) not award any alternates or (2) award any combination of alternates.

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

INT - 11
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 3-1.03 COMPETITIVE BIDDING. If more than one proposal is offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or Work to a Bidder is not thereby disqualified from quoting prices to other Bidders, or from submitting a bid directly for the materials or Work.

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

INT - 12
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 4: AWARD AND EXECUTION OF CONTRACT
4-1.01 AWARD OF CONTRACT. The City reserves the right to reject any and all proposals and to award (or not award) any combination of bid items at its option. Any such award will be to the lowest responsible Bidder whose proposal complies with the requirements prescribed for the bid items awarded. Such award, if made, will be made within sixty (60) business days after the opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) business days after the opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred four (104) business days after the opening of the proposals. The above time periods within which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.
4-1.02 RETURN OF BIDDER’S SECURITIES. Within ten (10) Days after the award of the Contract, the City Clerk will return all Bidders' securities, other than Bidders' bonds, accompanying the proposals that are not to be further considered in making the award.

Retained Bidders' securities will be held until the Contract has been fully executed, after which all Bidders' securities, except Bidders' bonds and any Bidders' securities that have been forfeited, will be returned.

INT - 13
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 4-1.03 CONTRACT BONDS. The successful Bidder shall furnish two (2) bonds in the form contained in the section entitled Insurance Broker Information Packet and Bonds. One (1) bond shall secure the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract, and the other bond shall guarantee the faithful performance of the Contract.

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

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

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

INT - 14
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] certificates, within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City.

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

INT - 15
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] Bidder. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time prescribed.

INT - 16
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 5: BID PROTEST PROCEDURES
5-1.01 POLICY/PROCEDURES. It is the policy of the City to consider fully and adjudicate promptly protests filed by prospective Bidders relating to the City’s bidding procedure or award of the Contract. Protests shall be filed and processed in accordance with Section 4.12.150 of the Roseville Municipal Code. A Bidder’s failure to follow the bid protest procedures may result in rejection of the protest by the City.

PROP - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] PROPOSAL TO THE DEPARTMENT OF ________________________
Project:_______________________________________
Name of Bidder _________________________________ Business Phone ________________ Business Address _______________________________________________________________ Place of Business _______________________________________________________________ Contractor’s License No. ______________________________________ License Expiration Date_______________________________________ License Classification Type __________________________________________ DIR Registration No. _________________________________________ Type of business organization:
*If a Corporation, incorporated under the laws of the State of:

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

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

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

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

PROP - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] The undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposal, other than that requested, may render the bid non-responsive.

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

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

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

The prices included within the Schedule of Bid Items include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment,

PROP - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance with the Contract Documents.

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

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

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

PROP - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] If CORPORATION, execute here:

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

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

Joint Venture name composed of:

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

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

PROP - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws). [LIST OF SUBCONTRACTORS FOLLOWS ON NEXT PAGE.]

PROP - 6
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]

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

PORTION/

TYPE OF
WORK
% OF

CONTRACT
SUBCONTRACTOR’S
NAME

CONTRACTOR
LICENSE NO. DIR REG NO. BUSINESS ADDRESS (CITY, STATE)

PROP - 7
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]

SECURITY FOR COMPENSATION CERTIFICATE
(Required by California Labor Code Section 1861)
TO: City Council
City of Roseville
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. _________________________________
_________________________________
(Signature of Bidder)
_________________________________
_________________________________
Business Address
_________________________________
Telephone

PROP - 8
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] BIDDER’S BOND
City Council of the City of Roseville
KNOW ALL MEN BY THESE PRESENTS:

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

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned Bid to the City Council of the City of Roseville, as aforesaid, for certain construction specifically described as follows, for which Bids are to be opened at the Office of the City Clerk located at 311 Vernon Street, Roseville, California, on ____________________________, 20__ FOR (Copy here the exact title of work as it appears on the Proposal.)

PROP - 9
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] NOW, THEREFORE, IF THE AFORESAID PRINCIPAL is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented for signature, enters into a written Contract, in the prescribed form, in accordance with the Bid, and files all insurance and two (2) Bonds with the Department, one (1) to guarantee Faithful Performance and the other to guarantee Payment for Labor and Materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

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

[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 12/8/2025]

STONEY POINT WAY DRAINAGE REPAIR
CITY PROJECT NUMBER 500494
CONTRACTOR: __________________________

SCHEDULE OF BID ITEMS
ITEM
NO. DESCRIPTION

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT
1 Mobilization and Demobilization 1 LS $____________ $____________ 2 Water Pollution Control Plan (WPCP) 1 LS $____________ $____________ 3 Traffic Control 1 LS $____________ $____________
4 Centrifugally Cast Concrete Pipe 1,426 LF $____________ $____________ 5 Rehabilitate Storm Drain 10 CY $____________ $____________ 6 Manhole Rehabilitation and Grouting 2 EA $____________ $____________ TOTAL (BID ITEMS 1 TO 6) $_____________

REVIEW OF VIDEO FOOTAGE
By signing below, the Contractor confirms that the provided video footage of the existing pipe condition has been viewed in its entirety and that such review has been considered in the preparation of all bid item prices.

Contractor Name:_____________________ Signature:_______________________ Date:_____________ PROP - 10

PROP - 11
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]

NONCOLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

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

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________________ [date], at _____________________________ [city], ________________ [state]. ____________________________________
(Signature of Declarant)

PROP - 12
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]

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

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

NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________

PROP - 13
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]

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

NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________

PROP - 14
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]

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

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

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

Print Name Signature
Name of Business/Company/Corporation Date
Address Phone

PROP - 15
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END OF PROPOSAL

1 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]

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

WHEREAS, the City Council of the CITY, at a meeting held on the _____day of __________________, 20_____, approved plans and specifications for the ________________ ____________________________________________________________________________ and directed the City Clerk to advertise for sealed proposals for doing said work and providing that bids be submitted on the _____ day of ________________, 20_____; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, CONTRACTOR, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which bid is now on file in the office of the City Clerk, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a meeting of the City Council held on the _____ day of ___________________, 20_____, the Council found and

2 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] declared the bid of CONTRACTOR to be the lowest responsible bid and thereupon awarded a contract to CONTRACTOR to do the work referred to in the aforementioned specifications.

NOW, THEREFORE, the parties agree as follows:

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

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

3. CONTRACT DOCUMENTS. The complete Agreement between the parties hereto consists of the following documents:
a. The advertisement for bids (including the notice to bidders, instructions to bidders and proposals);
b. The accepted bid;
c. Plans and specifications (including standard construction specifications, special provisions and construction details);
d. Bonds and insurance required by the specifications; and

3 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] e. This contract.

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

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

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

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

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

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

CITY OF ROSEVILLE CONTRACTOR
______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________

4 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] CITY may also act through either its architect or construction manager if CITY expressly gives notice to CONTRACTOR, in writing, that CITY’s designee has authority to act for CITY in a specific capacity.

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

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

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

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

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

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

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

14. CONTRACTORS LICENSE LAW. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE

5 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]

BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST

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

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

BOX 26000, SACRAMENTO, CALIFORNIA 95826.

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

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

BY: ______________________________
its: _______________________________
BY: _______________________________

CARMEN AVALOS
City Clerk

6 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] APPROVED AS TO FORM:

BY: _______________________________

MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:

BY: _______________________________

JASON SHYKOWSKI
Public Works Director

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INSURANCE BROKER INFORMATION PACKET
Project:_______________________________________
NOTICE TO CONTRACTOR:

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

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TABLE OF CONTENTS
Page
Notice to Insurance Broker INS 1
Insurance Requirements INS 2
Public Works Faithful Performance Bond INS 7
Public Works Payment Bond INS 9

INS - 1
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NOTICE TO INSURANCE BROKER
Your client has been awarded a bid by the City Council of the City of Roseville to perform a public works project known as ___________________________________________.

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

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

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

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

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

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

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

Thank you.

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

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

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

C. Insurance Required.

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage for projects under One Million Dollars ($1,000,000) and

INS - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.

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

Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, crossliability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss.

INS - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] d. Such insurance shall specifically cover the contractual liability of the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.

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

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

4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the

Agreement. Coverage must commence from the first day that Contractor or any of its Subcontractors provided any design or engineering services in connection with the Project.

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

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

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

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

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

INS - 5
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INS - 6
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6. Pollution Coverage: Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damage arising out of the abatement, removal, storage, transportation, or other exposure to hazardous materials or pollutants, in limits not less than Two Million Dollars ($2,000,000). Contractor shall add the City and all parties required to be indemnified by Contractor as additional insured on all pollution liability policies.

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

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

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

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

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

INS - 7
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by City in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.

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

D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage

INS - 8
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.

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

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

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

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

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

INS - 9
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY

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

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PUBLIC WORKS

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

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

As condition precedent to the satisfactory completion of the contract, the obligation of the PRINCIPAL and SURETY under this Bond shall remain in effect for a period of one (1) year after the completion and acceptance of the WORK. During that time, if the PRINCIPAL, its heirs, executors, administrators, successors or assigns fails to make full, complete and satisfactory repair and replacement or totally protect the CITY from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the WORK, then the obligation shall remain in full force and effect. However, anything in Bond No. __________
Premium $_________

[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] this paragraph to the contrary notwithstanding, the obligation of the SURETY shall continue so long as any obligation of the PRINCIPAL remains.

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

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

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

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

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

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

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. [SIGNATURES NEXT PAGE]

[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the ____ day of __________________, 20___.

PRINCIPAL: SURETY:

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

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

BY: ________
City Attorney

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PUBLIC WORKS

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

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

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

Bond No. __________
Premium $_________

[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

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

PRINCIPAL: SURETY:

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

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

BY: ________
City Attorney

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CITY OF ROSEVILLE

STANDARD CONSTRUCTION SPECIFICATIONS

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

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ADOPTION OF STATE SPECIFICATIONS

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

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

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

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

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] DEPARTMENT. Shall mean the Department of Public Works of the City of Roseville, also referred to as the Department of Contract Administration. References made to the Department of Transportation otherwise shall mean the State of California Department of Transportation.

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

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

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

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

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] c. Construction Standards - The City of Roseville Design and Construction Standards.

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

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

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

All items shown on the schedule of bid items shall be properly filled in and shall include all costs of labor, materials, equipment, and State, Federal, or other taxes applicable to the transaction. The completed forms shall be without inter-lineations, erasures or alterations of any nature. If the proposal is made by an individual, his or her name and post office address must be shown; if made by a firm or partnership, the name and post office address of each member of the

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] firm or partnership must be shown; or if made by a corporation, the proposal shall show the name of the State under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer of said corporation. If the proposal is signed by an agent, a “Power of Attorney” must be filed with the proposal.

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] b. The security shall be in an amount equal to at least ten percent (10%) of the bid amount. A bid will not be considered unless one (1) of the forms of Bidder's security is enclosed with it.
c. A Bidder's bond will not be accepted unless it conforms to a bond form approved by the City Attorney. Upon request “Bidder's Bond” forms may be obtained from the Department.
2-1.04 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the Director. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline for submission of bids nor may any bid be withdrawn after the time fixed in the public notice for deadline for submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and City is under no obligation to return the bids.
2-1.05 RELIEF OF BIDDERS. If the Bidder claims a mistake was made in his or her bid, the Bidder shall give the Department written notice within five (5) calendar days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. No relief from a claimed mistaken bid shall be granted unless such mistake clearly appears on the face of the bid submitted to the City. Claimed mistakes on backup worksheets, spreadsheets, computerized bidding programs, or any other similar calculative bidding mistake which is not apparent on the face of the bid shall not under any circumstance be considered as a

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] basis for relief. The burden of proving the occurrence of a mistake entitling a Bidder to relief from its bid rests entirely on the Bidder. Relief from bids shall be in the City’s sole discretion. 2-1.06 PREVIOUS DISQUALIFICATION, REMOVAL OR OTHER
PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local project because of a violation of law or a safety regulation. 2-1.07 COMPETENCY OF BIDDERS. If two (2) or more prospective Bidders desire to bid jointly as a joint venture on a single project, they must file an affidavit of joint venture with the Bid on a form approved by the City Attorney, and such affidavit of joint venture will be valid only for the specific project for which it is filed. If such affidavit of joint venture is not filed as aforesaid and approved by the City Attorney prior to the time for awarding bids on the specific project for which it is submitted, a joint bid submitted by said Bidders will be disregarded. No bid will be accepted from or a Contract awarded to any Bidder to whom a proposal form has not been issued pursuant to Section 2-1.06. 2-1.08 GUARANTY AND WARRANTY. The Contractor shall guarantee and warrant all materials supplied as being fit for the purpose intended. The Contractor shall guarantee and warrant all work performed as having been accomplished in a proper and workman-like manner. The guarantee and warranty required by this section shall continue for a period of one (1) year after Acceptance of the Work.

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] The City is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) calendar days after being given written notice of such failure; provided, however, that in case of emergency where in the opinion of the Engineer, providing a reasonable attempt has been made to notify the Contractor, delay would cause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected without prior notice to the Contractor, and the Contractor shall pay the entire cost thereof. At the completion of the work the faithful performance bond may be reduced at the discretion of the City Council to not less than ten percent (10%) of the Contract price to cover said guarantee.

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

SECTION 3. CONTRACT AWARD AND EXECUTION
3-1.04 CONTRACT AWARD. The right is reserved to reject any and all proposals. The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within sixty (60) business days after the public opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, the Roseville City Council may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) business days after the public opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred and four (104) business days after public opening of the proposals. The above time periods within

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.

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

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

No proposal shall be considered binding upon the City until the execution of the Contract by the City.
3-1.20 FAILURE TO EXECUTE CONTRACT. Section 3-1.20, “Failure to Execute Contract” is added as follows:
“Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] and insurance as provided herein within fifteen (15) calendar days, or within a different timeframe specified by City in writing, after such Bidder has received notice that the Contract has been awarded to him or her, shall be just cause for the annulment of the award and the forfeiture of the Bidder’s security to the City as Liquidated Damages. The successful Bidder may file with the Roseville City Council a written notice, signed by the Bidder or his or her authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to him or her. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds and insurance within the time prescribed by Section 3-1.18.” SECTION 4. SCOPE OF WORK
There are no amendments to the Standard Specifications.

SECTION 5. CONTROL OF WORK
5-1.02 CONTRACT COMPONENTS. These Standard Construction Specifications, the Standard Specifications, the Standard Plans, the Improvement Plans, Construction Standards, Project Plans, project Special Provisions (and any addenda), the Agreement, Contract Change Orders, and all supplementary documents are all essential parts of the Contract between Contractor and the City. A requirement occurring in one (1) is as binding

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] as though occurring in all. They are intended to be complementary, and to describe and provide for a complete work.

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

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

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

1.20B(5), “City of Roseville Encroachment Permits” is added as follows:
“The Contractor need not obtain a separate encroachment permit from the City prior to construction within street rights-of-way or other City rights-of-way. Execution of the Contract by the City shall be deemed an encroachment permit for work required by

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] the Contract within rights-of-way. All work shall conform to the rules and regulations of encroachment permits and shall be subject to the inspection and approval of the Director.”
5-1.20B(6) CITY OF ROSEVILLE BUSINESS LICENSE. Section 5-1.20B(6), “City of Roseville Business License” is added as follows:
“The Contractor shall obtain a business license from the City prior to commencing work.”
5-1.20B(7) OTHER PERMITS. Section 5-1.20B(7), “Other Permits” is added as follows:
“The Contractor in coordination with the Director shall procure any necessary permits which the City has not specifically mentioned as obtaining.” 5-1.31 JOB SITE APPEARANCE. The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply:

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

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 5-1.38 MAINTENANCE AND PROTECTION RELIEF. Section 5-1.38 is deleted.
5-1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION. Section 5-

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

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

If the Notice of Potential Claim does not include complete information about the claim or the parties do not execute a Contract Change Order in connection with the Notice of Potential Claim, Contractor shall submit a complete information about its claim for additional compensation and/or extension of time for performance within fifteen (15) calendar days after such work is performed. Failure to provide written notice of claim prior to undertaking such work or failure to timely submit a complete and specific information about the claim for

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] additional compensation and/or extension of the time for performance shall be deemed a waiver and abandonment of such claim.

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

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

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

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

Contractor shall provide a clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of time and/or compensation sought pursuant to the claim; if Contractor’s claim arises from an ongoing occurrence, Contractor shall so state in its claim, including a description of the specific Work activities

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] affected by the claim. All costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the circumstances together with complete supporting documentation.

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

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed forty-five (45) calendar days, or such further time as mutually agreed upon or necessary pursuant to Public Contract Code Section 9204, the City shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. If the City does not respond to a Claim from the Contractor within the time specified herein, such Claim shall be deemed rejected in its entirety.

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

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

Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claims that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claims shall be processed and made within sixty (60) calendar days after the public entity issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall be responsible for the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be resolved in accordance with Section 9-1.22. 5-1.46 FINAL INSPECTION AND CONTRACT ACCEPTANCE. When the Director has made the final inspection and determines that the Contract work has been completed in all respects in accordance with the Plans and specifications, the Director will recommend that the Roseville City Council formally accept the work, and immediately upon and after such Acceptance by the City, the Contractor will be responsible for the work done for a period of one (1) year.

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

SECTION 7. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 7-1.02K(2) WAGES. The provisions of paragraphs 1and 2 of Section 7-1.02K(2) of the Standard Specifications are amended to read as follows:
“Pursuant to the provisions of California Labor Code Section 1773, the City has identified the source, stated below, of the general prevailing rate of wages applicable to the

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

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

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] “In order to expedite the passage of public traffic through or around the work, the Contractor shall install signs, lights, flares, temporary railing (type K), barricades, and other facilities for the sole convenience and direction of public traffic as may be required.

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

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

2. Add a paragraph at the end of the section to read as follows:
“In addition to the requirements hereinbefore specified for furnishing facilities and flaggers for expediting the passage of public traffic through or around the work, the Contractor shall furnish and erect, within or adjacent to the limits of the Contract, such warning, regulatory, and guide signs as may be required. The Contractor shall furnish, install and remove all such signs. Payment for furnishing, installing and removing all such signs shall be included in the lump sum price paid for traffic control and no additional compensation will be allowed therefor.”
7-1.04 PUBLIC SAFETY. It is the intent of the parties that the City is not an exposing, creating, controlling, or correcting employer under California Labor Code Section 6400. In accordance with generally accepted construction practices and State law, the Contractor

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] shall have the authority and be solely and completely responsible for conditions on the job site, including safety of all persons and property during performance of the Work. Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce worksite safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and violations are abated. The Contractor is responsible for assuring that all subcontractors adhere to the minimum CAL/OSHA safety requirements and that each subcontractor has an effective CAL/OSHA IIP (Illness and Injury Protection Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.

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

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

All Work and materials shall be in strict accordance with all applicable State, City, County, and Federal Rules, Regulations, and Codes, and attention is drawn to the requirements

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] of CAL/OSHA. The Contractor shall be solely responsible for compliance with all City, County and State blasting requirements and for any damages caused by his or her operations.

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

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

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] Nothing in these Standard Construction Specifications is to be construed to permit Work not conforming to governing codes. When Contract Documents differ from governing codes, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor tight or explosion proof electrical installation is required by code, this shall be provided. In accordance with the provisions of Labor Code Section 6707, the Contractor shall provide adequate sheeting, shoring and bracing for employee protection, as provided in the proposal as separate Bid Items.
7-1.05 INDEMNIFICATION. The City of Roseville and its officers, agents, employees, and volunteers, including but not limited to the Director, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or any things used or employed in performing the work; for injury to or death of any person, either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, his or her workers, or anyone employed by the Contractor or his or her subcontractors.

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

To the fullest extent allowed by law, the Contractor shall defend (through counsel acceptable to the City), indemnify, and save harmless the City of Roseville and its officers, agents, employees, and volunteers from all claims, suits, or actions of every name, kind, and description, brought forth, or on account of, injuries to or death of any person including, but not

SCS – 24
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] limited to, workers and the public, or damage to property resulting from the performance of the Contract, except as otherwise provided by statute.

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

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

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

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

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

A. The City will give the Contractor thirty (30) calendar days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] to Acceptance of the Contract. Retention of funds from any payment made after Acceptance of the Contract may be made without such prior notice to the Contractor.

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

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

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

B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies acceptable to the

SCS – 26
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 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.

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, crossliability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.

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

3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers'

SCS – 28
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 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

SCS – 29
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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.
7-1.06A OTHER INSURANCE PROVISIONS.

A. The requirements of the Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to, and shall not in any manner limit or qualify the liabilities and

SCS – 30
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 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.

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 selfinsured retention applicable to the insurance it is required to procure under the Contract. All deductibles or self-insured retentions over five hundred thousand dollars ($500,000) must be approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.

SCS – 32
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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.

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

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 9. PAYMENT
9-1.11C PAYMENT INCLUSIONS. The following is added to Section 9-1.11C Payment Inclusions:
“No additional compensation will be made to the Contractor for claims of increased overhead costs occurring within the originally specified construction Contract period plus any time extensions granted by Change Order. No compensation for extended performance will be granted unless the delay exceeds more than half of the float time available at the time of the delay.”
9-1.16E(4) STOP NOTICE WITHHOLDS. The City may, at its option and at any time, retain out of amounts due the Contractor, sums sufficient to cover claims (including costs and attorneys’ fees), filed pursuant to California Civil Code Section 9350 et seq. 9-1.16F RETENTIONS. The Department shall retain five percent (5%) of the Contract price as part security for the fulfillment of the Contract by the Contractor. 9-1.16G PAYMENT OF WITHHELD FUNDS. Section 9-1.16G, “Payment of Withheld Funds” is added as follows:
“Except as otherwise prohibited by law, the Contractor may elect to receive all payments due under the Contract pursuant to without any retention. If the Contractor so elects, a deposit with the City of securities with a value equivalent to the retention that would otherwise be withheld by the City shall be made. Said security shall be as provided in California Public Contract Code Section 22300, and shall be approved by the City both as to sufficiency and form. In the alternative, the Contractor may elect to deposit such securities in an escrow account and enter into a standard form Escrow

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] Agreement for Security Deposits in Lieu of Retention. Blank Agreements are available from the Public Works Director and the City Attorney's Office.” 9-1.17 PAYMENT AFTER CONTRACT ACCEPTANCE. “Final Payment” shall be made in accordance with this section. The Contractor shall, after the completion of the Contract, submit a final estimate of the amount of work done thereunder and the value of such work. Upon approval of the estimate by the Director, the City of Roseville shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty five (35) calendar days from the date of Acceptance of the work by the City Council, and thirty-five (35) calendar days after filing of the Notice of Completion with the County of Placer.

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 14. ENVIRONMENTAL STEWARDSHITP
14-8.02 NOISE CONTROL. The provisions of Section 14-8.02 of the Standard Specifications are amended by adding the following:
“The Contractor shall additionally conform to the provisions of Roseville Municipal Code Chapter 9.24 where such provisions are more restrictive than these specifications.”
14-9.01 AIR QUALITY GENERAL. The provisions of Section 14-9.01, “Air Quality General” of the Standard Specifications are amended by adding the following:
“Material to be disposed of shall not be burned unless the Contractor has obtained a permit to burn combustible material resulting from clearing and grubbing operations from the Placer County Air Pollution Control District and City of Roseville Fire Marshall. A copy of the permits shall be filed with the Director
before beginning any burning. All such burning shall be conducted in strict conformance with the provision stipulated in said permits and at such times and in such manner as to prevent fire from spreading to areas adjoining the right-of-way.” 14-11.02A ASBESTOS REMOVAL AND DISPOSAL. Section 14-11.02A, “Asbestos Removal and Disposal” is added as follows:
“The Contractor shall comply with all rules, regulations, statutes and ordinances regarding asbestos removal and disposal, including but not limited to, 42 U.S.C. Sections 7401, 7412 and 7601 and 40 C.F.R. Part 61, Subpart M.

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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] If the Contractor discovers that a building to be demolished or renovated contains asbestos containing material, the Contractor shall immediately cease work and notify the City.”

END OF STANDARD SPECIFICATIONS

AB 626 - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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\streets & bridges project manual.docx; 1/18/2024] By increasing the duties of local agencies and officials, this bill would impose a statemandated local program.

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

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

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

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

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

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

AB 626 - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] (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\streets & bridges project manual.docx; 1/18/2024] 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.

AB 626 - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

SECTION 2.

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

SECTION 3.

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

SPECIAL PROVISIONS

FOR THE

CITY OF ROSEVILLE

STONEY POINT WAY DRAINAGE REPAIR PROJECT
SCOPE
The work described in these Special Provisions must be done in conformance with the latest editions of the City of Roseville Design and Construction Standards, and 2015 State Standard Specifications and Plans, unless otherwise noted in these Special Provisions or Plans, except insofar as they may be modified by these Special Provisions

ORGANIZATION
Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to section 1-1.07B:

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: City of Roseville
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: Department of Public Works, City of Roseville 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 SP - 1

Office Engineer: City of Roseville, Department of Public Works Transportation Building: Department of Public Works, City of Roseville Replace the following definitions in section 1-1.07B:

Director: Director of Public Works, City of Roseville
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
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 5 CONTROL OF WORK
Add to section 5-1.01:

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. Requests for authorization to perform work outside the hours of 7:30 a.m. to 4:30 p.m., Monday through Friday, must be made in writing at least 48 hours in advance.

Designated holidays are 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.

Provide a competent person during normal working hours to assist the Engineer, when required, in 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.

Replace section 5-1.04 with:
5-1.04 Order of Work
The work shall be performed in a manner that complies with the time constraints set forth in Section 8-1.10C.

The Contractor shall prepare a written schedule denoting locations and times of planned activities, and other impacts. The schedule for planned activities shall be submitted to the Engineer before or at the time of the preconstruction meeting. Contractor shall note that Work shall not start unless a schedule has been submitted and accepted by the Engineer. The schedule shall be prepared and submitted using either Microsoft Project or Primavera P6, or similar software acceptable to the City.

Prior to any excavation, the Contractor must field verify (USA) all existing utilities and shall submit the report to the Engineer prior to beginning any Work at each site. After the construction, the Contractor shall remove all USA markings. Removal shall be completed by pressure washing all markings.

The Work shall be performed in conformance with the phases of construction shown on the Contractor's Traffic Control Plan and Stage Construction Plan as approved by the Engineer. At the discretion of the Engineer non conflicting Work in subsequent phases may proceed concurrently with Work in preceding phases.

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

General order of Work shall be as follows:

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

2. Prepare and submit WPCP, Stage Construction Plan, and Traffic Control Plan

3. Place and maintain erosion control Best Management Practices (BMP), the BMP’s shall remain in place until SP - 2

work is complete.

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. Install traffic controls according to approved plan

7. Complete Work per Contractor’s stage construction plans Add to the end of section 5-1.09A:

The Department encourages the project team to exhaust the use of partnering in dispute resolution before you submit any potential claims.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to section 7-1.03:

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 or 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 below for City lane 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 below becomes necessary, request authorization from the Engineer to perform work outside of these hours at least 10 working days in advance.

Chart No. 1
Location: Direction: Working Hours: Description:

Stoney Point Way &
Jamestown Drive
1 Both Directions 7:30 AM – 4:30 PM Hours for entire project duration. 1 : Reversing Control may be allowed with flaggers and appropriate traffic control devices in the intersection of Stoney Point Way and Jamestown Drive.

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. You shall provide and maintain all traffic control and safety items. You will provide flaggers as required and you will be responsible for the entire cost of flaggers. You will assume the sole and complete responsibility for job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously 24 hours/day and shall not be limited to normal working hours.

The Contractor shall coordinate and maintain communication with local authorities and service providers regarding construction operations and traffic control changes. Notification shall be provided to the local police department, City public information office, public works and fire departments, ambulance services, post office, and Waste Services Department (trash and green waste collectors) at least three (3) business days before work is to begin or any SP - 3

traffic modifications. The Contractor shall cooperate with local authorities relative to handling traffic through the area.

Unless otherwise approved by the Engineer, or as described in Chart No. 1, a minimum of one through lane in each direction, not less than 11’ wide, shall be maintained at all times on all roads within the construction limits. You shall submit a traffic control plan to the Engineer for acceptance. The traffic control plan shall include the anticipated limits and time required as described in Chart No. 1. The Contractor cannot begin any work until the Traffic Control Plan has been accepted by the City and the Contractor has notified adjacent residents and school of the work and impacts.

Minimum traveled way described above shall be open for use by public traffic on Saturdays, Sundays, designated holidays, after 4:30 p.m. on Fridays and the day preceding designated holidays, and when construction operations are not actively in progress. Designated holidays are listed in Section 5-1.01 of these Special Provisions.

Whenever vehicles or equipment are parked within the shoulder area of a roadway, the shoulder area shall be closed with fluorescent traffic cones or portable delineators; placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or a C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags.

The flag tree shall be placed in a location approved by the Engineer.

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 public traffic 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.

Contractor shall ensure that access to all driveways remains unobstructed at all times. This requirement shall apply continuously 24 hours/day and shall not be limited to normal working hours.

Personal vehicles of your employees shall not be parked on the traveled way at any time. No equipment shall be parked within any traffic lane after work hours.

You shall notify the Engineer of your intent to begin work at least 3 business days before work begins. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 8 PROSECUTION AND PROGRESS
Replace paragraphs of section 8-1.04B with:

The Contractor shall begin work no later than 15 calendar days after receiving the "Notice to Proceed" letter executed by the Director of Public Works or authorized staff representing the City of Roseville.

This work shall be diligently prosecuted to completion before the expiration of 25 Working Days beginning after receiving the "Notice to Proceed" letter. Completion of Punch List items is included in the Working Days.

A preconstruction meeting shall be held between you 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. Your representative at this conference shall include all major superintendents for the work and may include major subcontractors and material suppliers.

Add to section 8-1.10:

The Contractor shall be liable for liquidated damages for any delay, regardless of weather conditions, beyond the number of working days allocated to complete the entire project, as specified in Section 8-1.10A.

The engineer will provide the Contractor with a written notice of nonconformance to contract. Any payment made after the completion date shall not be construed as a waiver of liquidated damages.

SP - 4

Add to section 8-1.10C:

The Contractor shall complete the contract work between MH A07-148 to MH A07-147, no later than July 31, 2026, regardless of the number of working days specified elsewhere in the Contract. The date is a fixed deadline and is not subject to extension. Failure to meet this requirement will result in the assessment of liquidated damages of $1,000 per day and access to those manholes and pipe segment will not be allowed until the following summer vacation for George Sargeant Elementary.

Replace section 8-1.10D with: 8-1.10D Securing Access Points The Contractor shall not leave any manhole, vault or similar access point open and unattended at any time. All such opening must be properly covered, barricaded, or otherwise secured in accordance with Section 7-1.04.

If a noncompliance incident occurs, the Contractor will be liable for liquidated damages of $1,000 per access point per incident. Liquidated damages will be assessed per calendar day for each day the violation persists, regardless of whether the violation causes delay.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 9 PAYMENT
Add to the beginning of section 9-1.00:

The Contractor shall furnish to the Engineer a cost break-down and schedule of values as specified in these Special Provisions and the State Standard Specifications.

Add to the end of section 9-1.02:

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

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

Replace the 1st paragraph of section 9-1.16A with:

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 section 9-1.17D(1):

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

SP - 5

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

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.

If you damage any irrigation component or system you will replace it to latest City Standards at your cost.

Replace section 10-1.02C(3) with:

You must protect all existing landscaping, including trees, decorative rocks, irrigation 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 to the latest City Standards.

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.

SP - 6

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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 7-1.03.

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

Replace the section 12-1.04 with:

The payment for furnishing flaggers is included in the payment for Traffic Control System.

Add to section 12-1.01:

At the pre-construction meeting, the Contractor shall submit a traffic control plan showing traffic control measures and/or, if approved, detours for pedestrians affected by the construction work. A minimum of five (5) business 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) Lane 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 school of the proposed construction. Notifications shall be distributed to residents and school directly fronting or having ingress/egress for pedestrians or vehicles on streets impacted by the traffic control for the construction, as determined by the City. (Consider placement of first and last temporary traffic control signage)
Notifications to affected residents and businesses within the Project area shall consist of two (2) phases.

The first phase notifies the affected residents and school of the upcoming construction through the use of “door hanger” type formatted notifications. The Contractor shall distribute the “door hanger” notifications a minimum of five (5) business days in advance of the work. The City will provide a digital copy of “door hanger” for use by the Contractor, which is included in Appendix B.

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

The second phase consists of the Contractor posting temporary “No Parking” signs on barricades in affected street parking areas at least three (3) calendar days in advance of work. The “No Parking” signs shall also include the exact working day(s) on which the parking restrictions will be in effect and a warning indicating that vehicles will be towed away at the owner’s expense. In addition, the Contractor shall make available a 24-hour telephone number in case of emergencies and/or problems and shall post the telephone number on the “No Parking” signs. At the preconstruction meeting, Contractor shall submit to the Engineer a sample “No Parking” sign for acceptance. The Contractor shall be responsible for placing temporary “No Parking” signs in advance of any construction activity.

SP - 7

Barricades shall be placed a maximum of 100 feet apart, on both sides of the affected street. (Not required for streets already marked “No Parking”).

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

Lane closure shall not be allowed without proper advance warning devices and signing in conformance with the State Standard Specifications and these Special Provisions.

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

Replace section 12-3.11D with:

Payment for construction area signs is included in the payment for Traffic Control System.

Add between the 1st and 2nd paragraphs of section 12-4.04C:

A pedestrian facility closure on the same side of the roadway is limited to no more than 1 block. When working on one side of the roadway, the pedestrian facility on opposite side of the roadway within the same block must be open for a sufficient pedestrian detour.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 15 EXISTING FACILITIES
Add to the end of section 15-1.01:

Work around and protect existing improvements including landscaping and appurtenances that are within or adjacent to the construction area.

Replace section 15-1.03D with:
15-1.03D EXISTING LANDSCAPING
You are responsible for repairing, replacing, or modifying all landscape and irrigation systems within and outside the right-of-way and within new and existing easement areas that are damaged, capped, or removed during construction. Damage shall include all that is caused as a result of any and all work associated with the contract.

All repairs to both landscape and irrigation systems owned and maintained by the City shall be done in accordance with the latest City Standards. All repairs to both landscape and irrigation systems owned and maintained privately shall be done in accordance with best practices and to the satisfaction of the engineer and the property owner.

In areas where work will be within or adjacent to landscape areas, you should identify the existing irrigation sprinkler heads and try to protect in place. No additional compensation will be provided to the contractor for capping, relocating or placing a sleeve on the irrigation system.

If an irrigation line is damaged during excavation or other works, you will be responsible for replacing the damaged irrigation line and no additional compensation will be provided. If irrigation systems are damaged during construction activities, you will repair the damage within two (2) calendar days in order to maintain full operation of the system. Any loss and/or subsequent replacement of plant material due to damage of the irrigation system or the neglect to repair it promptly shall be the sole responsibility of the Contractor. Landscape and irrigation replacement or repair shall be completed as soon as it will not be damaged by further construction activities.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals in doing all work involved in the protection of existing facilities shall be in compliance with the plans, specifications, Special Provisions, Section 15, "Existing Facilities," of the State Standard Specifications, and as directed by the City Engineer, and shall be included in the various bid items and no additional compensation will be allowed therefore.

SP - 8