Roseville City Council
March 4, 2026

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

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

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

When standards or test designations of the Federal Government, trade societies, or trade associations are referred to in the Contract Documents by specific date of issue, these shall be considered as part of the Contract. When such references do not bear a date of issue, the edition in effect on the day the Notice to Contractors for the Work is dated shall be considered as part of the Contract.
4-1.03 SAMPLING AND TESTING OF MATERIALS. Unless otherwise specified, all tests shall be performed in accordance with the methods used by the State

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Department of Transportation (Caltrans) and shall be made by the Director or his or her designated representative.

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

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

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

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

When requested by the Director, the Contractor shall furnish, without charge, samples of

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] all material entering into the Work, and no material shall be used prior to approval by the Director, except as provided in Section 4-1.04, “Certificates of Compliance,” of these General Conditions.

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

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

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

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

If the Engineer, Architect, or Director considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Director's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Director may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] satisfactory reconstruction. If, however, such Work is not found to be defective and the Work was not covered without favorable review of the Director, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to cover its costs directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate Change Order shall be issued.

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Upon Final Completion of the construction Work and request by the Contractor, the Director will conduct a final inspection as a basis for recommending to the City that the Work be accepted.

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

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

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

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

C. Costs of Testing.

1. Initial Services: The City shall furnish and pay for all initial testing services required by the Contract Documents. When initial tests indicate non-compliance with the Contract Documents, the cost of initial tests associated with that non-compliance will be

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] deducted by the City from the balance owed the Contractor. The Contractor shall furnish samples of materials for testing as may be required by the Director. Such samples shall be furnished without cost to the City.

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

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

4. Additional Tests and Inspections: When in the opinion of the Director additional tests or inspections are required because of the manner in which the Contractor executes its Work, such tests and inspections shall be paid for by the City, but will be deducted from the Contract Price. Examples of such tests and inspections are tests of materials substituted for previously accepted materials or substituted for specified materials, retests made necessary by failure of material to comply with the requirements of the Specifications, load tests made necessary because of portions of the structure not fully meeting Specifications or plan requirements, etc.
4-1.04 CERTIFICATES OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Supplemental Conditions require that such a Certificate be furnished. In addition, the Director may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] respects with the requirements of the Supplemental Conditions. A Certificate of Compliance shall be furnished with each lot of such materials delivered to the Work and the lot so certified shall be clearly identified in the Certificate.

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

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] XVII. SECTION 5

LEGAL RELATIONS AND RESPONSIBILITY
5-1.01 LAWS TO BE OBSERVED. The Contractor shall keep informed of and observe, and comply with and cause all of its agents and employees to observe and comply with, all prevailing Federal and State laws, and rules and regulations made pursuant to said Federal and State laws, and county and municipal ordinances, and regulations, which in any way affect the conduct of the Contract. If any conflict arises between provisions of the Contract and any such law above referred to, the Contractor shall notify the Director at once in writing. To the fullest extent allowed by law, the Contractor shall defend, indemnify, and save and hold harmless the City or any of its officers, agents, employees, and volunteers against any claim or liability arising from or based on the violation of any such law, rule, or regulation, whether by itself or its agents or employees.
5-1.02 HOURS OF LABOR. Eight (8) hours labor constitutes a legal Day's work. The Contractor or Subcontractor shall, as a penalty to City, forfeit Twenty-five Dollars ($25) for each worker employed in the execution of the contract by the respective Contractor or Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that Work performed by employees of Contractors in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay, as provided in said

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Section 1815. In addition, Contractor and/or its Subcontractors may be required to pay double the basic rate of pay for all hours worked in excess of twelve (12) hours in any workday and under other circumstances. (See California Code of Regulations, Title 8, Sections 16100(c)(6) and (16200(a)(3)(F) and applicable Department of Industrial Relations prevailing wage determinations.)
5-1.03 NONDISCRIMINATION.

A. Attention is directed to Labor Code Section 1735, which reads as follows:
“A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.” B. During the performance of this Contract, Contractor and its Subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Contractor and Subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Contractor and Subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Government Code §12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285.0 et seq.) and other applicable State and Federal regulations and City

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] policies pertaining to nondiscrimination and affirmative action which are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Contractor and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Contractor or Subcontractor has been assessed penalties within the previous three (3) years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.

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

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

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

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

If a worker employed by a Subcontractor on a public works project is not paid the general prevailing per diem wages by the Subcontractor, the Contractor is not liable for any penalties described above unless the Contractor had knowledge of that failure of the Subcontractor to pay

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements:

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

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

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

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

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

Pursuant to the provisions of California Labor Code Section 1773, the City has obtained

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] obliterated to prevent disclosure of an individual's name, address and social security number.

The name and address of the Contractor awarded the Contract or Subcontractor performing the Contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent the disclosure of an individual’s name and social security number. A joint labor-management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labormanagement committee reasonable attorneys’ fees and costs incurred in maintaining the action.

An action under this subdivision may not be based on the employer’s misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this section.

F. The Contractor shall inform the City of the location of the records enumerated under subdivision (A), including the street address, city and county, and shall, within five (5) business days, provide a notice of a change of location and address.

G. The Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice requesting the records enumerated in subdivision (A). In the event that the Contractor or Subcontractor fails to comply within the ten (10) Day period, the Contractor shall, as a penalty to the State or City, forfeit twenty-five ($25) Dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any progress payment or final payment then due. A contractor

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.
5-1.07 SAFETY REQUIREMENTS. It is the intent of the parties that the City is not an exposing, creating, controlling, or correcting employer under California Labor Code Section 6400. In accordance with generally accepted construction practices and State law, the Contractor shall have the authority and be solely and completely responsible for conditions on the Work Site, including safety of all persons and property during performance of the Work.

Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce Work Site safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and violations are abated. The Contractor is responsible for assuring that all Subcontractors adhere to the minimum Cal/OSHA safety requirements and that each Subcontractor has an effective Cal/OSHA IIPP (Illness and Injury Prevention Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.

The Contractor shall designate a safety officer and have in place a health and safety plan in accordance with the laws of State of California and conduct safety meetings and document them in accordance with the law. The Contractor shall have the safety record available for inspection during working hours and shall submit job site safety meeting reports with each Application for Payment.

Prior to Contractor commencing construction project work on City property, Contractor

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

1. Bloodborne Pathogens Exposure Control Plan;

2. Confined Space Entry Procedure;

3. Electrical Safety Program (Lockout/Tagout);

4. Emergency Action Plans (Site Specific);

5. Fire Prevention Plans (Site Specific);

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

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

8. Heat Illness & Prevention Plan;

9. Hearing Conservation Program;

10. Hot Work/Welding Procedure;

11. Job Hazard Analyses/Standard Operating Procedures;

12. Traffic Control & Flagging;

13. Excavation/Dig Safe Procedure;

14. Fall Protection Plan;

15. Personal Protective Equipment Plan;

16. Respirable Crystalline Silica Exposure Control Plan;

17. Respirator Program;

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

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

19. Transite (Asbestos) Pipe Work Procedure.

Additionally, Contractor shall be responsible for complying with all City-wide and departmental specific safety requirements as identified in the Supplemental Conditions or presented at a pre-construction meeting.

Contractor shall inform City in advance of the quantity of chemical(s) to be used for the project and the total quantity of chemical(s) that will be brought onto City property. In addition, Contractor shall provide City with one copy of the Safety Data Sheet (SDS) for each chemical expected to be used to complete the project and for each chemical brought to the Work Site, regardless of whether such chemicals are ultimately used for the project.

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

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

All Work and materials shall be in strict accordance with all applicable State, City, County, and Federal Rules, Regulations, and Codes, and attention is drawn to the requirements of Cal/OSHA. The Contractor shall be solely responsible for compliance with all City, County and State blasting requirements and for any damages caused by its operations.

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

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

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

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

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

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

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

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

GC - 5:15
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] officers, agents, employees, and volunteers from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by the Contractor. Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of required regulatory documentation including copies of final manifests shall be supplied to the City.

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

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

GC - 5:16
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County, or local agency that owns the right-of-way.

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

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

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

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

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

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

GC - 5:17
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] facilities, adjacent property and trees, shrubs, and other plants that are not to be removed.

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

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

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

GC - 5:18
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Work, or adjoining property, the Contractor, without special instructions or authorization from the City, shall act at its discretion to prevent such threatened loss or injury. In such an Emergency, the Contractor may perform such additional work as is reasonably required. Any compensation claimed by the Contractor on account of Work performed to an Emergency shall be determined in accordance with the provisions relating to Force Account payment contained elsewhere in the Contract Documents.
5-1.11 APPRENTICES. Attention is directed to Labor Code Sections 1777.5, 1777.6 and 1777.7 and Title 8, California Code of Regulations Section 200 et seq. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, a provided therein. The Contractor shall require each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to fully comply with Sections 1777.5 and 1777.6 of the Labor Code. To insure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or Subcontractor should, where some questions exist, contact the Division of Apprenticeship Standards, , or one of its branch offices prior to commencement of Work on the public works Contract. Responsibility for compliance with this section lies with the prime Contractor.

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

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

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

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

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

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

GC - 5:20
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] regarding asbestos removal and disposal, including but not limited to, 42 U.S.C. Sections 7401, 7412 and 7601, 40 C.F.R. Part 61, Subpart M, and California Code of Regulations Section 1529, Title 8.

If the Contractor discovers that a building to be demolished or renovated contains asbestos containing material, the Contractor shall immediately cease Work and notify the City. 5-1.15 USE OF PESTICIDES. The Contractor shall comply with all local, state and federal rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required in the performance of the Work.

Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.

Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weed, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered as pesticide.
5-1.16 SOUND AND LIGHT CONTROL REQUIREMENTS. The
Contractor shall comply with all local sound control, light control, and noise level rules, regulations and ordinances which apply to any Work performed pursuant to the Contract. Work shall not begin before 7 a.m. nor occur after 7 p.m., unless otherwise permitted by the City.

Each internal combustion engine, used for any purpose on the Work or related to the Work, shall be equipped with a muffler, in good working order, of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said

GC - 5:21
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] muffler.
5-1.17 WEIGHT LIMITATIONS. Unless expressly permitted elsewhere in the Contract Documents, the Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the Vehicle Code over completed or existing base, surfacing, pavement or structures.

XVIII. 5-1.18 ENVIRONMENTAL CLEARANCES; MITIGATION
MONITORING PROGRAMS; AND REGULATORY AGENCY PERMIT
REQUIREMENTS. The Department will obtain all environmental clearances and other authorizations necessary for this project as set forth in the Contract Documents. The Contractor shall comply with the provisions, including giving notices during construction when required, of said authorizations. In the event the obtaining of said authorizations delays completion of all or any portion of the Work, an extension of time determined pursuant to the provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions will be granted.

Contractor shall comply with: (1) all mitigation identified in the mitigation monitoring program (attached to and adopted as a component of the mitigated negative declaration or Environmental Impact Report) to mitigate impacts to protected natural resources; and (2) all related permit requirements issued by the regulatory agencies authorizing the project. Contractor shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any fines, claims, suits, actions or regulatory sanctions of every name, kind and description brought forth, or on account of, damage to protected natural resources from or arising out of Contractor’s negligence or willful misconduct in the performance of this Agreement. 5-1.19 PERMITS AND LICENSES. The Contractor acknowledges and agrees that, prior to the submission of its bid for the Work, it fully familiarized itself with the

GC - 5:22
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] requirements of all applicable federal, state, county and municipal laws, codes, rules, and regulations, as well as the conditions of any required licenses and permits.

The Contractor shall procure all permits and licenses, including any applicable building permits (except those procured or to be procured by the City which are listed elsewhere in the Contract Documents), in coordination with the Director, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the Work. Contractor shall be responsible for applying, paying all fees, and coordination for obtaining all permits for completion of the Work. All permits and licenses shall be obtained in sufficient time to prevent delays to the Work. Contractor will apply to the City for reimbursement for such permits costs.

Accordingly, Contractor should not include the anticipated costs for permits in its bid, as the necessary permit costs will be reimbursed by the City.

The California Environmental Quality Act (Public Resources Code, Section 21000 to 21177) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the Work. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations, and all permits, licenses and other authorizations shall be obtained in sufficient time to prevent delays to the Work.

The Contractor shall maintain the applicable Contractor’s license as identified in the Notice to Contractors and City business license for the duration of the Work. 5-1.20 WATER POLLUTION. The Contractor shall comply with all water pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any water pollution control rules, regulations, and statutes, specified by the most current State of California NPDES General Permit for Stormwater

GC - 5:23
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Discharges Associated with Construction Activity.

The Contractor shall take all necessary precaution to protect streams, vernal pools, ponds, reservoirs, and lakes from pollution with fuels, oils, bitumen, calcium chloride, and other harmful materials as consistent with the law. Also, the Contractor shall conduct and schedule operations so as to avoid discharging pollutants, such as but not limited to: sediment and silt to the storm drain system. The storm drain system consists of all facilities that are designed to convey stormwater to the Waters of the State as defined in the California Water Code. The storm drain system includes, but is not limited to, all streets, gutters, drain inlets, roadside ditches, streams, vernal pools, ponds, and lakes. Care shall be exercised to preserve roadside vegetation beyond the limits of construction.
5-1.21 PROTECTION AND USE OF PROPERTY. The Contractor shall be responsible for and provide and maintain all proper temporary walkways, covered walkways, barriers, roads, guards, railings, lights, warning signs, and take precaution at all times to avoid injury or damage to any person or any property, and upon completion of the Work, or at other times as directed, restore Premises and adjacent property to a proper condition. In the event of such injury or damage, Contractor shall report such injury and damage to City within forty-eight (48) hours of occurrence.

The Contractor shall protect adjoining property and nearby buildings, including City buildings, City roads, and public streets or roads, from dust, dirt, debris, or the nuisance arising out of the Contractor's operations or storage practices, and, if ordered by the Director, the Contractor shall provide and Install suitable safeguards, approved by the Director, to protect such objects from damage. If such objects are damaged by reason of the Contractor's operations, they shall be replaced or restored at the Contractor's expense.

GC - 5:24
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] If the Contractor damages any buildings, roads, utilities, or other property which belong to the City, or any Department or agency thereof, then the Director, at his or her option, may retain from the money due under the Contract an amount sufficient to insure repair of the damage.

The Director may make or cause to be made such temporary repairs as are necessary to restore to service any such damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due the Contractor under the Contract.
5-1.22 RESPONSIBILITY FOR DAMAGE AND INDEMNIFICATION.

The City of Roseville, its officers, agents, employees, and volunteers, including but not limited to the Director and his or her designee, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person, either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, its workers, or anyone employed by the Contractor or the Contractor's Subcontractors.

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

To the fullest extent allowed by law, the Contractor shall defend (through counsel acceptable to the City), indemnify, and save and hold harmless the City, and its respective officers, agents, Subcontractors, employees, and volunteers, and the successors and assigns of

GC - 5:25
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] any of them, (hereinafter referred to as “Indemnitees”) from and against all claims, demands, liability, suits, actions, costs or expenses for any and all loss or damage, including but not limited to, personal injury, property damage, or economic loss, arising out of or resulting from allegations of (1) Contractor’s use of the City’s property or any activities or Work performed hereunder by the Contractor; (2) the Contractor’s performance of the Work under the Agreement; or (3) the Contractor’s breach of any provision of the Agreement. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Civil Code Section 2778. The only exception to these provisions is that the Contractor’s obligations under this section will not apply to the extent that the claims, demands, liability, suits, actions, costs or expenses are caused by Indemnitees’ active negligence, willful misconduct, criminal acts, or for defects in design furnished by the Indemnitees, misconduct, criminal acts, or for defects in design furnished by the Indemnitees.

The Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers, agents, employees, or volunteers.

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

Any person, firm or corporation that Contractor authorizes to Work on the City’s property including Subcontractors, shall be deemed to be an agent of the Contractor for purposes herein, shall be subject to all the applicable terms herein, and shall be within the scope of the Contractor’s indemnity obligation described herein.

GC - 5:26
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the Department may be retained by the City until disposition has been made of such suits or claims for damages.

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

A. The City will give the Contractor thirty (30) Days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to Acceptance of the Contract. Retention of funds from any payment made after Acceptance of the Contract may be made without such prior notice to the Contractor.

B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 7-1.07, “Progress Payments,” of these General Conditions.

C. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with matter for which such retention was made, the Department shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. 5-1.23 INSURANCE COVERAGE.

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

GC - 5:27
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] provide ten (10) days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Roseville as Certificate holder.

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

C. Insurance Required.

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

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

GC - 5:28
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.

Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, 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

GC - 5:29
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

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

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

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

The Contractor shall secure “All Risk” type of builder's Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards

GC - 5:30
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.

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

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

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

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

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

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

GC - 5:31
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 5-1.24 OTHER INSURANCE PROVISIONS.

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

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

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

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

C. The Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work. Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these

GC - 5:32
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.

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

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

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

G. Contractor shall be responsible for all premiums, deductibles, and 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

GC - 5:33
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.

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

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

J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY

PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
5-1.25 THIRD PARTY BENEFICIARY. No provisions in the Contract Documents shall in any way inure to the benefit any third party (including the public at large or any member thereof) so as to constitute such person a third party beneficiary of the Contract, or of any term or condition or other provision of the Contract or otherwise give rise to any cause of action in any person not a party to the Agreement, except as expressly provided elsewhere in the Contract Documents.
5-1.26 COORDINATION AND ACCESS. The Contractor acknowledges that the City may award, or has already awarded, other construction contracts for additional work or may perform additional work with its own forces and that such work may affect the Work under this Agreement. Additionally, the Contractor acknowledges that the State and other public and private agencies may be granted a right-of-entry by the City for the purpose of constructing

GC - 5:34
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] facilities within and adjacent to the Work Site. It is the obligation of the Contractor to coordinate its Work with the work of others working within or adjacent to the City’s property.

During performance of its Work, the Contractor shall not have exclusive access to or use of the work areas. The City may also require that certain facilities and areas be used concurrently by the Contractor and by other contractors working in the area. When two (2) or more contractors are employed on related or adjacent City work, each shall conduct its operations in such a manner as not to cause any unnecessary delay or hindrance to the other.

Each contractor shall be responsible to the other for all damage to any work, to persons or property caused to the other by its operations, and for loss caused the other due to any unnecessary delays or failure to finish the work within the time specified for completion.

If any party of the Contractor’s Work depends on the work of any other contractor and/or the City for proper execution and/or results, the Contractor shall promptly notify the City of any discrepancies and/or defects in said other work that would render its work unsuitable for proper execution and/or results prior to proceeding with the Contractor’s own Work. If it becomes necessary, the City will resolve coordination and access problems.

The Contractor and its representative in charge of the Work shall familiarize themselves with the City’s property and Work Site, and adjacent surroundings in the vicinity of said Wok, and any private or public operations on adjoining properties.

XIX. 5-1.27 OCCUPANCY BY THE DEPARTMENT PRIOR TO
ACCEPTANCE. The City may at any time notify the Contractor in writing that it intends to take Beneficial Occupancy of any portion of the Work even though the Work may not be substantially complete. Unless the reason for the City’s taking Beneficial Occupancy is that the Contractor has not completed the Work (or portions thereof) in accordance with the Contract

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Time, the City’s Beneficial Occupancy shall relieve the Contractor from its responsibility for maintenance, loss or damage to that portion of the Work for which the City has taken Beneficial Occupancy other than that resulting from the Contractor’s act or omission, negligence, willful misconduct or breach of warranty.

Should the Work (or portion thereof) not be completed in accordance with the Construction Schedule within the Contract Time (as adjusted under the terms of the Contract Documents), the City shall have the right, but not the obligation, to take Beneficial Occupancy of the Work. In such event, the Contractor shall not be entitled to any additional compensation on account of said occupancy by the City, nor shall the Contractor be relieved of any of its responsibilities under the Contract Documents, including, without limitation, Contractor’s obligation to complete the Work in accordance with the Construction Schedule.

Beneficial Occupancy shall not be deemed an Acceptance by the City either of the Work or of any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective Work or materials found at any time before the formal written Acceptance of the entire Contract by the Director or during the full warranty period after such Acceptance, as provided in Section 7-1.12, “Warranty,” of these General Conditions.

The City’s Beneficial Occupancy shall not relieve the Contractor of its responsibility to maintain all insurance and bonds required under the Contract Documents until the entire project is accepted by the City.
5-1.28 RIGHT TO OPERATE UNSATISFACTORY FACILITIES AND
EQUIPMENT. If, after Installation, the operation or use of the facilities or equipment to be furnished under this Contract proves to be unsatisfactory to the Director, the City shall have the right to operate and use such facilities or equipment until they can, without damage to the City,

GC - 5:36
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] be taken out of service for correction or replacement. Such period of use of the defective facilities or equipment, pending correction or replacement, shall in no way decrease the warranty period required for the acceptable corrected or replaced facilities or equipment. 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK. Except as otherwise provided herein, the Contractor shall have the charge and care of the Work and shall bear the risk of injury or damage to any part of the Work by the action of the elements or from any other cause whether arising from the execution or from the nonexecution of the Work until the Acceptance of the Contract by the Director. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and Acceptance, and shall bear the expense thereof. In case of suspension of Work from any cause whatever, the Contractor shall be responsible for the Work and it shall also be responsible for all materials, and shall properly store them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.

The Contractor will be relieved of responsibility for any injury or damage to the Work caused by the following:

A. An earthquake in excess of a magnitude of 3.5 on the Richter Scale or a tidal wave, when the effect of such has been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or was of such magnitude at the site of the Work as to have been sufficient to have caused a proclamation of disaster or state of emergency, had it occurred in a populated area.

B. Occupancy and use by the Department or the public prior to the completion of the entire project.

C. Acts of the Federal Government or the public enemy.

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 5-1.30 RESPONSIBILITY FOR UTILITIES. The Contractor shall be responsible at its own cost for any and all Work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the Work, including without limitation, repair of any or all damage and all hand or exploratory excavation required.

The Contractor is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and when working or excavating in the vicinity of such cables, or the ducts enclosing such cables, the Contractor shall undertake at its own cost any special precautions required. Suitable warning signs, barricades, and safety devices shall be erected as necessary or required.

However, if during the course of the Work the Contractor encounters utility Installations which are not shown or indicated in the Contract Documents or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination, then the Contractor shall promptly notify the Director in writing. Where necessary for the Work of the Contract, the Director shall issue a written order to the Contractor to make such adjustments, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. The Contractor shall perform the Work described in such written order, and compensation therefor will be made in accordance with Section 3 of these General Conditions relating to changes in the Work. Except for the items of cost specified in said Section 3, the Contractor shall receive no compensation for any other cost, damage, delay, interference, or hindrance to him or her due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions for the Director, then the Contractor shall be liable for any or subsequent to discovery thereof, and the Contractor shall repair and make good such damage at its own cost.

GC - 5:38
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The precise location of underground facilities can only be determined by careful probing or hand digging in compliance with Article 6 of the Cal/OSHA Construction Safety Orders which states in part:
“Prior to opening an excavation, effort shall be made to determine whether underground installations, i.e., sewer, water, fuel, electric lines, etc., will be encountered, and if so, where such underground installations are located. When the excavation approaches the approximate location of such an installation, the exact location shall be determined by careful probing or hand digging, and, when it is uncovered, adequate protection shall be provided for the existing installation.” The location of known existing utilities and pipelines are shown on the Contract Drawings in their approximate locations. Some of the locations include multiple conduits. The Contractor shall exercise care in avoiding damage to those facilities which are to remain in service subsequent to the construction of the particular new facility involved and the Contractor will be held responsible for any repairs if damaged. The Contractor shall also exercise care in maintaining those pipes and facilities required for continuing operation of the existing facilities until such time as they can be abandoned. There is no guarantee that all utilities or obstructions are shown on the Contract Drawings or that the locations indicated are accurate.

The Contractor shall exercise extreme caution in working in the area adjacent to the existing pipelines and utility services. It is essential that all the existing facilities be maintained in service. Construction of the connections between the existing facilities and the new facilities shall be at times and during periods acceptable to the City. The Contractor shall advise the Director in writing of its proposed Construction Schedule for these connections at least fortyeight (48) hours in advance.

GC - 5:39
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The Contractor shall uncover all piping and conduits, to a point one foot (1') below the pipe, where crossings, interferences, or connections are shown on the Contract Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service. If the Contractor does not expose all required utilities, it shall not be entitled to additional compensation for Work necessary to avoid interferences nor for repair to damaged utilities. Excavations around underground electrical ducts and conduits shall be performed using extreme caution to prevent injury or damage to workers and to the electrical ducts or conduits. 5-1.31 PROPERTY RIGHTS IN MATERIALS. Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or soil or after partial payment has been made as provided in Section 7-1.07, “Progress Payments,” of these General Conditions for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in said Section 7-1.07.
5-1.32 COURT ORDERED DELAY. If, pursuant to court order, the Department temporarily suspends performance of all or any portion of the Work, an extension of time determined pursuant to the provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions will be granted.
5-1.33 NO PERSONAL LIABILITY. Neither the Director, nor any other officer or authorized employee of the City, shall be personally responsible for any liability arising under or by virtue of the Contract.

GC - 5:40
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS. The Contractor shall make no arrangements with any person or entity to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any third party owner, former owner, or tenant of such land, structure or buildings. The Contractor shall not occupy City-owned property outside the limit of the Work shown on the Contract Drawings unless it obtains prior approval.
5-1.35 ANTITRUST CLAIMS. The Contractor’s attention is directed to the following provision of Public Contract Code Section 7103.5(b), which is applicable to the Contractor and its Subcontractors:
“ In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.

This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties.”
XX. 5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS. Shop

GC - 5:41
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Drawings and Working Drawings submitted to the City by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Agreement, are the property of the City and the City may use, and disclose in any manner and for any purpose, Shop Drawings and Working Drawings delivered under the Contract.

Technical Data including manuals or instructional materials, computer or microprocessor software which are delivered or submitted to the City by the Contractor, Subcontractor, or any lower tier Subcontract pursuant to the Contract are the property of the City, and the City may use or disclose same in any manner and for any purpose.

The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the Work, and shall defend, indemnify and save and hold harmless the City, and its duly authorized representatives, from all suits at law, or in equity, and actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes. In case some materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall:

1. Secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses; or

2. Replace such materials, equipment, devices, processes; or

3. Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City.
5-1.37 PAYMENT OF TAXES. Contractor shall pay all taxes and duties applicable to and assessable against any Work, equipment, materials, services, processes, and

GC - 5:42
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] operations incidental to or involved in the Agreement, including but not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay them. The Contractor will maintain records that are auditable records, and these records shall be subject to the City’s review to verify that Contractor’s tax payments are current at all times.

The Contract Price paid for the Work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the Department, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.

The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State, or local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
5-1.38 GRATUITIES AND CONFLICT OF INTEREST. The Contractor shall not offer or provide gratuities in the form of gifts, entertainment, loans, meals, rewards, and/or services to representatives of the City, including but not limited to, officers, employees, agents, Engineering Service Consultants, Consulting Engineers and Architects, Inspectors and/or Testing Agencies retained by the City. If it is found that the Contractor has violated this provision, the Contract may be subject to termination for default as defined elsewhere in these General Conditions.

GC - 5:43
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] During the term of the Contract and until the final payment has been made to the Contractor, the Contractor shall not employ or compensate in any manner whatsoever, the City’s officers, employees and authorized representatives, agents, and any Engineering Service Consultants, Consulting Engineers and Architects, Inspectors, and/or Testing Agencies retained by the City. Any exception to the employment or compensation to any of the above named parties must be made in writing by the City. If the Contractor offers or provides employment or compensation to those named above during the term of the Contract, the Contract may be subject to termination for default.
5-1.39 COOPERATION. Should construction be under way by City forces or other forces or by other Contractors within or adjacent to the limits of the Work or should Work of any other nature be under way by such forces within or adjacent to said limits, the Contractor shall cooperate with all such forces to the end that any delay, interference or hindrance to their Work will be avoided. The right is reserved to perform other or additional Work at or near the site at any time, by the use of such forces.
5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS. In the event any work involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, City and Contractor shall comply with the following:

A. The Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:

1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

GC - 5:44
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

2. Subsurface or latent physical conditions at the site differing from those made available to Contractor for inspection as provided in the project proposal.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract.

B. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a Change Order under the procedures described in the Contract.

C. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. However, no claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. 5-1.41 CONTRACTOR REGISTRATION. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Contract, the Contractor and its subcontractors shall have a continuing legal obligation to maintain current

GC - 5:45
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] registration with the Department of Industrial Relations. The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
RIGHTS-OF-WAY. The Contractor need not obtain a separate encroachment permit from the City prior to construction within street rights-of-way or other City rights-of-way. Execution of the Contract by the City shall be deemed an encroachment permit for work required by the Contract within rights-of-way. All work shall conform to the rules and regulations of encroachment permits and shall be subject to the inspection and approval of the Director and City Engineer.

To the extent indicated in the Contract Drawings, the City will provide the rights-of-way over private lands or the site to enable the Contractor to perform its work. The Contractor shall be solely responsible for securing any additional rights-of-way desired by the Contractor. The City will not be a party to nor assume any liability for any separate agreements reached between the Contractor and any third parties with respect to these additional rights-of-way. The Contractor shall procure evidence that agreements are in place with said third parties before the Contractor uses those areas covered by the agreements. Any damage to such private lands caused by the Contractor’s operations shall be the sole responsibility of the Contractor.

XXI. 5-1.43 CALIFORNIA AIR RESOURCES BOARD REGULATIONS. The Contractor shall comply with any applicable regulations of the California Air Resources Board (“CARB”) set forth below.

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

GC - 5:46
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Certificate of Reported Compliance to the City as provided in § 2449(n).

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

GC - 6:1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] XXII. SECTION 6

PROSECUTION AND PROGRESS
6-1.01 SUBLETTING AND SUBCONTRACTING. The Contractor shall be responsible for all Work performed under the Contract. The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its control. Nothing in the Contract Documents shall create any contractual relationship between the City and any Subcontractor. The Contractor is fully responsible to the City for the acts and omissions of its Subcontractors of any tier. When any Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Director, that Subcontractor shall not again be employed on the Work.

Although the sections of the Contract may be arranged according to various trades, or general grouping of the Work, the Contractor is not obligated to sublet the Work in such manner. The Director will not arbitrate disputes among Subcontractors or between Contractor and one or more Subcontractors concerning responsibility for performing any part of the Work.

The on-site production of materials produced by other than the Contractor’s own forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the Work shall conform to the requirements relating to labor set forth in the Contract Documents.

The Contractor shall also be responsible for coordinating the Work performed by Subcontractors and Suppliers.

The Contractor shall not substitute any person as Subcontractor in place of a Subcontractor listed on its bid proposal without the written approval of the Director.

Substitutions must be in accordance with the provisions of the “Subletting and Subcontracting

GC - 6:2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Fair Practices Act” beginning with Public Contract Code Section 4100. Violations of this Act by the Contractor may subject it to penalties which may include cancellation of Contract, Assessment of ten percent (10%) of the Subcontractor's bid, and disciplinary action by the Contractors State License Board.

The Contractor shall pay any Subcontractors approved by the City for work that has been satisfactorily performed no later than seven (7) Days from the date of Contractor’s receipt of progress payments by the City. Within seven (7) Days after receipt from the City of funds attributable to work performed by a Subcontractor, Contractor shall release any retainage payments withheld to the Subcontractor. In the event Contractor does not make progress payments or release retention to Subcontractors in accordance with the time period specified herein, Contractor may be subject to prompt payment penalties per statute. 6-1.02 ASSIGNMENT. The performance of this Contract may not be assigned, except upon the written consent of the City Council of the City of Roseville. Consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of their responsibilities under the Contract nor will the City consent to any assignment of a part of the Work under the Contract.

The Contractor may assign moneys due or to become due to it under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the Work in the event that the Contractor should be in default therein. 6-1.03 BEGINNING OF WORK. After the execution of the Contract by both

GC - 6:3
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] parties, the City will issue the Notice to Proceed upon its determination that it is appropriate for the Contract Time to commence.

The Contractor shall begin Work within fifteen (15) Days after receiving the Notice to Proceed from the Director, subject to the requirements stated elsewhere in the Contract Documents regarding, among other things, the submittal of Baseline Schedule, and shall diligently prosecute the same to completion within the time limit provided in the Supplemental Conditions. Contractor shall also achieve any and all Contract milestones as described elsewhere in the Contract Documents.

The Contractor shall notify the Director, in writing, of its intent to begin Work at least seventy-two (72) hours before Work is begun. The notice shall be delivered to the Director and shall specify the date the Contractor intends to start. If the project has more than one (1) location of Work, a separate notice shall be given for each location.

The Contractor is not authorized to perform any Work until it has received a Notice to Proceed from the City. Should the Contractor begin Work in advance of receiving notice that the Contract has been approved as above provided, any Work performed by it in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer unless said Contract is so approved thereafter. 6-1.04 PROGRESS SCHEDULE.

A. Preliminary Progress Schedule. The Contractor shall submit to the Director, within twenty (20) Days after date of the Notice to Proceed, a Preliminary Progress Schedule covering the Contractor's activities over the first three (3) months of operation in detail and the remainder of the project in summary. The Preliminary Progress Schedule shall schedule the project within the Contract Time for completion of the Work, and shall be subject to

GC - 6:4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] favorable review by the Director.

B. CPM Schedule. The Contractor shall submit an acceptable Critical Path Method (CPM) Schedule to the Director within thirty (30) Days after the receipt of the Notice to Proceed. Subsequent revisions to said schedule shall be submitted as set forth hereinafter. The requirement for the CPM schedule is included to allow for adequate planning and execution of the Work, to determine the critical nature of delays, and to assist the Director in appraising the reasonableness of the proposed schedule and evaluating progress of the Work. The CPM schedule submitted under this Section shall utilize a CPM format, either the precedence or arrow diagramming method. The definitions of CPM terms and functions shall be as provided in the Associated General Contractors of America book CPM in Construction, A Manual for General Contractors, or a favorably reviewed alternative publication or reference. No progress payment will be made prior to submission and acceptance of the CPM Schedule.

1. The CPM schedule system shall consist of diagrams and accompanying mathematical analyses. The diagrams shall show elements of the project in detail and an entire project summary. Diagrams shall show the order and interdependence of activities and sequence in which the Work is to be accomplished as planned by the Contractor. The basic concept of a network analysis diagram shall be followed to show how the start of a given activity is dependent on the completion of preceding activities and its completion restricts the start of following activities. Detailed network activities shall include, in addition to construction activities, the submittal and favorable review of samples of material and Shop Drawings, the procurement of critical materials and equipment, fabrication of special material and equipment, and their Installation and testing. All activities of the City and the Director that affect progress and required Contract dates for completion of all or parts of the Work shall be shown. The

GC - 6:5
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] selection and number of activities shall be subject to favorable review by the Director. Summary networks shall be time scaled. Durations shall be in Days and shall not exceed fifteen (15) Days, except for submittal and delivery items. Where the duration of continuous Work exceeds fifteen (15) Days, Work items in the Construction Schedule shall be subdivided by location, approximate stationing or other sub-element of the Work.

The graphic network diagram shall include for each activity, the description, activity number, the estimated duration in Days, and all activity relationship lines.

The network diagram shall be drawn for the early start of activities. All significant Submittals shall be scheduled along with manual Submittals and training on all large or critical pieces of equipment. If the precedence technique is utilized, the schedule project shall include a calendar in Work Days, a network report sorted by early start and a logic table report sorted by preceding Work item. If the arrow technique is utilized, the schedule report shall include a calendar in Work Days, a network report sorted by early start, a network report sorted by I-J numbers, and a network sorted by slack time and I-J numbers.

2. The critical path shall be shown on all reports and on the graphic network diagram. The activities which constitute the critical path shall be identified.

3. The mathematical analysis of the network diagram shall include a tabulation of each activity. The following information shall be furnished as a minimum for each activity:
(a) preceding and following event numbers
(b) activity description and number
(c) estimated duration of activities
(d) earliest start date (by calendar date)

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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (e) earliest finish date (by calendar date)
(f) actual start date (by calendar date)
(g) actual finish date (by calendar date)
(h) latest start date (by calendar date)
(i) latest finish date (by calendar date)
(j) slack or float
(k) percentage of activity completed

4. The program shall be capable of accepting revised completion dates as modified by approved time adjustments and recomputations of all tabulation dates and float accordingly.

5. Submission and review of the system shall be as follows:
(a) The complete network analysis system, consisting of the detailed network mathematical analysis and network diagrams, shall be submitted within thirty (30) Days after receipt of the Notice to Proceed.
(b) The Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the Director. Any revisions necessary as a result of this review shall be resubmitted for review by the Director within ten (10) Days. When completed, the favorably reviewed schedule shall then be the schedule to be used by the Contractor for planning, organizing and directing the Work and for reporting progress. If the Contractor thereafter desires to make significant changes in its method of operating and scheduling, the Contractor shall notify the Director in writing stating the reasons for the change. (c) The Contractor shall submit at monthly intervals a report of the actual construction progress. Each monthly report shall cover a period of approximately thirty

GC - 6:7
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (30) Days ending around the 20th of each month. The monthly reports shall be submitted within ten (10) Days of the end of the reporting period.
(1) If the project is proceeding on schedule, the monthly update report may consist of a marked-up copy of the graphical network diagram. This submittal shall clearly indicate the status of any minor shifts in sequence or schedule and the estimated completion date or percent complete of all activities currently in progress. The Contract completion date shall also be indicated. The Contractor shall submit a narrative report relating to status of construction, the schedule, and factors which may affect the remainder of the schedule. The report shall show the activities or portions of activities completed during the reporting period. The report shall state the percentage of the Work actually completed and scheduled as of the report date and the progress along the critical path in terms of Days ahead or behind the allowable dates. (2) If, in the opinion of the Director, the project is behind schedule, the monthly report shall include a revised network diagram and/or mathematical analysis showing the Contractor's proposed revised schedule. An analysis of the effect that the delay has on progress along other paths shall also be included in the report. The Contractor shall also submit a narrative report with each updated analysis which shall include but not to be limited to a description of current and anticipated problem areas, delaying factors and their impact, and an explanation of corrective actions taken or proposed.
(3) Periodic report shall be submitted in sufficient copies to cover Contractor needs plus five (5) copies and an available electronic copy to be retained by the Director.

GC - 6:8
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

6. To the extent that the favorably reviewed initial Construction Schedule, or revisions thereto, indicate anything not jointly agreed upon, it shall be deemed to be not favorably reviewed by the Director. Any omission of Work from the detailed schedule, otherwise required for Contract compliance, will not excuse the Contractor from completing such Work within any applicable completion date. The CPM schedule shall be generated by computer methods.

C. Schedule Review. Once each month, on a date mutually agreed upon, but no later than seven (7) business days after the monthly schedule progress report date, a Work Site meeting will be held to review the Construction Schedule and job progress. The Contractor shall also attend weekly meetings scheduled by the Director to review the progress of the Work in the preceding week and in the subsequent week, coordinate the Work with public agencies or other Contractors as required, and allow the Director to plan his or her activities for testing, inspection, etc.

D. Schedule Revisions. The conditions under which the Director will require revisions of the Construction Schedule include the following:

1. When delay in completion of any Work item or sequence of Work items results in an estimated extension of project completion by either twenty (20) business days or by ten percent (10%) of the remaining duration of time to complete the Contract, whichever is less.

2. When delays in Submittals or deliveries make replanning or rescheduling of the Work necessary.

3. When the schedule does not represent actual prosecution and progress of the Work.

GC - 6:9
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

4. When any change to the sequence of activities, the completion date for major portions of the Work, or when changes occur which affect the critical path.

5. When Contract Amendments or a Change Order necessitates schedule revision, the Contractor shall submit a schedule analysis of all Change Order Work with its proposal.

E. Cash Flow Projection. A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.

F. Schedules showing project completion dates earlier than specified in the Supplemental Conditions will be rejected unless justification can be provided for early completion.
6-1.05 SCHEDULE OF VALUES. Prior to preparation of the first estimate for a progress payment, the Contractor shall submit for favorable review by the Director a detailed Schedule of Values or cost breakdown of the Work under each bid item awarded. The breakdown will then become the basis for partial payment determination. Elements of Work shall be grouped by structure, pipeline, system, etc. Within each grouping, Work should be itemized by readily measurable quantities of Work complete in place. For example, concrete should be in units of cubic yards including form Work and reinforcing steel. Move-on costs, bond and insurance costs, and Overhead costs shall not be considered an item of cost for this purpose but shall be prorated over items of Work. In the event the Schedule of Values is not favorable reviewed by the Director, another Schedule of Values shall be submitted that is mutually acceptable to the Contractor and the Director. 6-1.06 CITY’S RIGHT TO STOP WORK. The Director shall have the

GC - 6:10
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] authority to order the Contractor, in writing, to suspend the Work wholly or in part, for such period as the Director may deem necessary due to the failure on the part of the Contractor to correct Work that is not in accordance with the requirements of the Contract Documents or if Contractor persistently fails to carry out Work in accordance with the Contract Documents.

The Contractor shall immediately comply with the written order of the Director to suspend the Work wholly or in part. The suspended Work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Director.

Any stoppage of work under this section shall be at the Contractor’s sole expense, and the Contractor shall have no claim against the City based on the Contractor’s failure to perform the Work in accordance with the Contract Documents.

In addition to the City’s right to stop Work, the City may order the Contractor to submit to the City at no additional cost to the City, additional information concerning Contractor’s planned Work if the Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents. The additional information ordered by the City may include, but is not limited to, preparation of Submittals or Working Drawings not otherwise required to be submitted under the Contract Documents.

In the event the City discovers that the Contractor has created an unsafe condition the City may arrange for other work forces to remedy the condition. Such remedial work shall be at the sole discretion of the City. If this action is required, the City may unilaterally terminate Work under the Contract, and will pay only for the quantities of Work actually performed, less the cost of the City’s remedial Work. In the event that Work is not halted, the Contractor must take immediate steps to correct the situation. There will be no extra payment for Work required

GC - 6:11
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] to correct unsafe conditions.

The right of the City to suspend the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to and not in restriction or derogation of the City’s other rights under the Contract Documents.

In the event of a suspension of Work under any of the conditions set forth in this Section 6-1.06, such suspension of Work shall not relieve the Contractor of its legal responsibilities as set forth in these General Conditions.
6-1.07 TIME OF COMPLETION. The Contractor shall complete the entire Work, including Installation, repairs, startup, troubleshooting, painting, and touchup, training, submittal or record drawings, and manuals, cleanup, demobilization, and all other Work within the number of Days set forth in the Supplemental Conditions. The time for completion includes an allowance for working time lost due to normal inclement weather.

Extensions of time may be allowed for unusual inclement weather under the provisions hereinafter described. Unusual inclement weather is weather which adversely affects “controlling” operations or the critical path of construction and which meets one of the following criteria:

A. For the particular calendar month in question, the number of individual Days with rainfall exceeding 0.10 inches exceeds the average number of such Days for that month over the immediately preceding five (5) years of record by at least three (3) Days.

B. For the particular calendar month in question, the total cumulative rainfall for that month exceeds the average cumulative rainfall for that month over the immediately preceding five (5) years of record by at least two inches (2”).

GC - 6:12
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Rainfall shall be measured at a publicly operated, maintained, and reported station in reasonable proximity to the construction site. A claim for delay shall indicate the period of rainfall which is claimed as “unusual,” the specific dates during which the unusual rainfall and subsequent wet soil conditions prevented Work, and the specific critical path tasks adversely affected by such unusual weather. A claim for delay due to unusual inclement weather shall be filed within ten (10) Days of the apparent end of the unusual inclement rainfall period, whether or not the monthly totals are available at that time. The burden of proof that weather meets the criteria for unusual weather shall be solely the responsibility of the Contractor.

It is the responsibility of the Contractor to order materials required for the Work properly and promptly on a Notice to Proceed. If evidence presented demonstrates that, in spite of the Contractor's efforts, government-established priorities controls delay material deliveries, suitable extension of time will be made.

If performance of extra Work ordered by the City or failure of the City to provide the necessary site for Installation affects construction tasks which are “controlling” or which are on the “critical path” of the Construction Schedule, suitable extensions of time will be made.

The Contractor shall not be entitled to a time extension for delays in activities on non-critical paths of the favorably reviewed schedule unless the duration of the excusable delay exceeds the total float of the activities being delayed. If the duration of an excusable delay does exceed the total float of the activities affected by the delay, the Contractor shall be entitled to an extension equal to the difference.

C. Determination that a day is a non-working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Director. 6-1.08 LIQUIDATED DAMAGES. It is agreed by the parties to the Contract

GC - 6:13
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] that in case all the Work called for under the Contract in all parts and requirements is not completed within the number of Days as set forth in the Supplemental Conditions, damage will be sustained by the City and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the monetary amount indicated in the Supplemental Conditions in dollars (U.S.) per day for each and every calendar day of delay in completing the Work in excess of the number of Days prescribed and the number of additional calendar days, if any, authorized by Contract Change Order; and the Contractor agrees to pay said Liquidated Damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the Contract.

It is further agreed that in case the Work is not finished and completed in all parts and requirements within the number of Days specified, the City shall have the right to increase the number of Days or not, as it may deem best to serve the interest of the City, and if it decides to increase the said number of Days, it shall further have the right to charge to the Contractor, its heirs, assigns or sureties and to deduct from the final payment for the Work all of any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other Overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension, except that cost of preparation of final statement shall not be included in such charges.
6-1.09 DELAYS AND EXTENSIONS TO THE WORK. The Contractor must complete all Work within the time specified in the Agreement. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering

GC - 6:14
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] and inspection for any delay in substantially completing the Work (or parts thereof) beyond the time set forth in the Agreement, provided that such delay was caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of public enemy, fire, floods, abnormal weather (as described below), earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes, fire, changes made pursuant to the provisions of “Changes in the Work” under Section 3 of these General Conditions or acts or neglect of the City not contemplated by the Contract Documents.

In all cases, any extension of time is conditioned on the following:

1. That the cause is not due to the fault or negligence of the Contractor, and the Contractor has taken reasonable precautions to prevent and minimize the effects thereof; and

2. That the Contractor notifies the Director in writing within three (3) Days from the beginning of such delay specifying the nature of the delay and the measures that have been or will be taken to prevent or minimize the delay. Failure to submit written notice within this time period shall constitute an absolute waiver of any claim for a time extension.

No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the City documentary proof that it has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, as acceptable to the Director, that the inability to obtain such materials when originally planned did in fact cause a delay in Final Completion of the entire Work which could not be compensated for by revising the sequence of the Contractor’s operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration

GC - 6:15
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the City that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.

No extension of time will be granted for a delay caused by Contractor’s staff turnovers, understaffing or insufficient quantity of qualified staff able to perform the necessary work.

The term “shortage of materials,” as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract Documents.

No extensions of time will be granted for delays that have no measureable impact on the completion of the Work (or parts thereof) under the Contract Documents. When extensions of time are granted, they will be limited to the period equivalent to the actual number of Days lost on the critical path or controlling operations of the Construction Schedule, taking into account the extent to which that delay could be decreased by reasonable mitigation measures by the Contractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it. Contractor’s failure to submit this analysis will be sufficient cause for denial of any request for a time extension.

Within a reasonable period of time after the Contractor submits the notice and information required by this section, the City will determine whether an extension of time is justified and, if so, the number of days for the extension.

Abnormal weather may be a valid basis for a time extension under the Agreement. “Abnormal Weather” occurs when the number of days of rain above 0.5 inches in a 24 hour

GC - 6:16
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] period exceeds the average for such rainfall in a particular month as determined by the National Weather Service. The Contractor will only be entitled to, at most, a time extension for the number of days of rain exceeding the average for that month in the locale where the Work is to be performed. If delays are caused by the Contractor or those for whom the Contractor is responsible, the Contractor will only be entitled to, at most, a time extension for the number of rain days exceeding the average for the month when the Work should have been performed.

In addition, before a time extension may be granted for abnormal weather, the Contractor must establish that the rain either significantly impacted at least sixty percent (60%) of the planned work of the controlling operations for a particular day or prohibited at least five (5) hours of work on the controlling operations planned for that day. Contractor shall employ reasonably methods to mitigate the impact of abnormal weather (i.e., dewatering, protection of site, etc.) The occurrence of rain during non-work hours or having minimal impact to work on the controlling operation shall not constitute a day of abnormal weather.

In the event that the project experiences favorable weather for a particular month (e.g., the number of actual rain days in a month less than that indicated above for allowable rain days per months), the additional float resulting from such favorable weather shall accrue to the project.

Any Contractor claim for damages or additional compensation based on delay shall be limited to only those circumstances where the Contractor has fulfilled each of the following three (3) requirements:

1. Contractor has established its entitlement to a time extension pursuant to the provisions described above regarding delay and extensions to the Work.

2. The delay was caused solely by the City’s issuance of changes made pursuant to the

GC - 6:17
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] provisions of “Changes in the Work” under Section 3 of these General Conditions or by acts or neglect of the City.

3. The delay was unreasonable under the circumstances and not within the contemplation of the parties.

It is expressly understood and agreed that delays caused by the City will be noncompensable when there are concurrent delays caused by the Contractor. Also, the Contractor shall have no entitlement to additional compensation for any delay where there have been concurrent delays caused by non-compensable delays, including, but not limited to, fire, floods, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, and freight embargoes.

Contractor’s damages and/or additional compensation for delays will consist solely of the extended costs of maintaining the Contractor’s Work Site presence. The Contractor will not be entitled to any extended home office overhead.

Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a Force Account basis with the following exceptions:

1. The time for which compensation will be paid will be the actual normal working hours during which such delay conditions exists, but in no case will exceed eight (8) hours in any one day.

2. The days for which compensation will be paid will be each calendar day of the work week (defined elsewhere in the Contract Documents) and Legal Holidays, during the existence of such delay, except that when rental of the equipment is paid for under the provisions in Section 3-1.06C, “Force Account Payment – Equipment,” of these General Conditions, no payment will be made for delays in accordance with the

GC - 6:18
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] provisions of this section.

Actual loss shall be understood to include no items of expense other than idle time of personnel, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this section and compensation for idle time of personnel will be determined pursuant to Section 3-1.06A, “Force Account Payment – Labor,” of these General Conditions. No markup will be added in either case for Overhead and profit.

The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided pursuant to “Changes to the Work” elsewhere in the Contract Documents. 6-1.10 TERMINATION.

XXIII. 6-1.10A TERMINATION OF AGREEMENT – CONVENIENCE OF CITY. The Department reserves the right to terminate the Contract at any time and for any reason if the Director determines that to do so would be in the best interest of the City. Any termination which is not based on the circumstances set forth in Section 6.1-10B below shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of Work under the Contract is terminated, and the date upon which such termination becomes effective.

Upon the Contractor’s receipt of a written Notice of Termination for convenience, the Contractor shall cease Work as to those portions of the project so terminated and shall undertake the steps outlined in Section 6-1.10B below.

1. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials except as follows:
a. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 7-1.07, “Progress

GC - 6:19
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Payments,” of these General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Director certifies that such materials have been stored in the manner and at the locations he or she has directed.
b. The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City.
c. When the Director determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, the Contractor will recommend that the City formally accept the Work, and immediately upon and after such Acceptance by the City, the Contractor will not be required to perform any further Work thereon and shall be relieved of its contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the City.

2. The total compensation to be paid to the Contractor shall be determined by the Director on the basis of the following:
a. The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general

GC - 6:20
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] administrative Overhead not to exceed a total of seven percent (7%) of Direct Costs of such Work.
b. A reasonable allowance for profit on the cost of the Work performed as determined under subsection (a), provided the Contractor establishes to the satisfaction of the Director that it is reasonably probable that it would have made a profit had the Contract be completed and provided further, that the profit allowed shall in no event exceed four percent (4%) of said cost. c. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the Department or otherwise disposed of as directed by the Director.
d. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.

All records of the Contractor and the Contractor's Subcontractors, necessary to determine compensation in accordance with this Section, shall be open to inspection or audit by representatives of the Department at all times after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, and such records shall be retained for that period.

After Acceptance of the Work by the Director, the Director may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.

GC - 6:21
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] In the event that the City terminates this Contract under Section 6-1.10B below and it is determined for any reason that there was not sufficient cause to do so, the City’s termination automatically will convert to a termination for convenience under this section and the terms and conditions outlined in this section automatically will be applied to effectuate the Contract termination. Thus, damages to which a Contractor may be entitled as a result of an improper default termination will be limited to the amounts provided for in this section.

The provisions of this section shall be included in all subcontracts. 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE. An
“Event of Default” as referred to in this section shall occur if the Contractor:

1. Fails to maintain progress of the Work in accordance with the requirements of the Contract Documents; or

2. Fails to prosecute the Work or any of its components in accordance with the Contract Documents; or

3. Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper material to permit the performance of the Work in accordance with the Contract Documents; or

4. Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and the Subcontractor and Contractor and Supplier; or

5. Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the Work; or

6. Abandons, assigns or sublets the Contract without approval of the City; or

7. Becomes bankrupt or is subject to appointment of a receiver on behalf of the

GC - 6:22
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Contractor; or

8. Otherwise is guilty of a substantial breach of a provision of the Contract Documents.

Upon the City’s reasonable belief that there has been an Event of Default by the Contractor, the City may elect to give the Contractor written notice thereof. The Contractor thereafter shall cure the default as soon as possible and in no event after ten (10) Days from the Contractor’s receipt of the City’s written notice.

If the Contractor does not timely cure its default, the City may, without waiver of any of its other rights and remedies, elect to terminate the Contract, or portion thereof.

Upon the City’s election to terminate the Contract, or portion thereof, the City shall have the right to complete the Work, or portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor’s materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the Work, or a portion of them, without being responsible to the Contractor for wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City’s sole judgment, best accomplish such completion.

The expense of completing such Work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Agreement, then the Contractor or its surety or sureties shall promptly pay the amount of

GC - 6:23
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] such excess so due. When the City terminates the Contract under this section, the Contractor shall not be entitled to receive any further payments until the Work is completed and there has been a final settlement of costs of completing the Work covered by such notice of default.

The City will issue to the Contractor a written notice specifying that the Contract, or portion thereof, is terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the City, the Contractor shall:

1. Stop all Work under the Contract; or if partial termination, stop Work relating to the terminated portion of the Agreement;

2. Perform Work the City deems necessary to secure the Work Site for termination including measures to leave the Work Site in a safe condition;

3. Remove equipment from the site of Work, as specified by the City;

4. Take such action as is reasonably necessary to protect materials from damage;

5. Notify all Subcontractors and Suppliers that the Contract or portion thereof is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the City;

6. Provide the City with an inventory list of all materials previously produced, purchased or ordered from Suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the City may request;

7. Dispose of materials not used in the Work as directed by the Director. It shall be the Contractor’s responsibility to provide the City (a) with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made by the City and (b) with bills of sale or other documents of title for such

GC - 6:24
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] materials;

8. Subject to the prior written approval of the City, settle all outstanding liabilities and all claims arising out of Subcontractors or orders for materials terminated hereunder.

To the extent directed by the City, the Contractor shall assign to the City all rights, title and interests of the Contractor under subcontracts or orders for materials terminated hereunder. The City shall be at liberty to negotiate with and engage any Subcontractors who had contracted with the Contractor for the Work;

9. Furnish the City with the documentation required to be furnished by the Contractor under the provisions of the Contract Documents, including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Agreement; and

10. Take such other actions as the City may direct.

If only a portion of the Work has been terminated, the Contractor shall perform the remainder of the Work in conformity with the Contract Documents and in such a manner as not to interfere with the City or others in their performance and completion of the portion of the Work which was terminated.

The City may recover from the Contractor the amount of any loss or damage, including consequential damages, suffered or incurred as a result of the Contractor’s default.

GC - 7:1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] XXIV. SECTION 7

ACCEPTANCE AND PAYMENT
7-1.01 ACCEPTANCE. When the Contractor believes that the entire Work is fully and finally completed, including the satisfactory completion of inspections, tests, and documentation specified in the Contract Documents and completion of all punch list and cleanup items, the Contractor shall submit to the City a written request for final Acceptance within fifteen (15) Days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed. Within thirty (30) Days after receipt of the request for final Acceptance, the City will inspect the Work and will either:

1. Reject the request for final Acceptance, specifying the defective and/or uncompleted portions of the Work; or

2. Notify the Contractor that the Work will be accepted by Resolution of the City Council of the City of Roseville, and a Notice of Completion will be caused to be recorded by the City Clerk; or

3. Notify the Contractor that the Work has been accepted by the City but no Notice of Completion will be recorded.

If the City rejects the request for final Acceptance, the Contractor shall promptly remedy the defective and/or uncompleted portions of the Work. Thereafter, the Contractor shall again submit a written request for final Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the Work were corrected. Thereafter, the foregoing procedure shall apply successively until the City has verified that the Work is fully and finally completed and accepted the Work by Resolution of the City Council or by written

GC - 7:2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] notification from the Director. Immediately upon such Acceptance, the Contractor shall be relieved of the duty of maintaining the Work as a whole.

All warranties commence upon final Acceptance of the Work. The City’s final Acceptance of the Work shall not be construed as an acceptance by the City of any latent defects discovered with regard to the Contractor’s work. Furthermore, Contractor’s obligations under Section 5-1.22 “Responsibility for Damage and Indemnification” shall still remain applicable after the City’s grant of final Acceptance of the Work.

Prior to final Acceptance, the Contractor shall submit to the City the Record Documents and Operation and Maintenance Manuals as specified in the Contract Documents. 7-1.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed Work and for performing all Work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the Work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the Director and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the Work as provided in the Contract; and for completing the Work according to the Contract. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective Work or material.

No compensation will be made in any case for loss of anticipated profits. 7-1.03 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the payment of any additional compensation for any act or failure to act by the City,

GC - 7:3
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] including failure or refusal to issue a Change Order, or for the happening of any event, thing, occurrence or other cause unless the Contractor has given the City due written Notice of Potential Claim as hereinafter specified, provided, however, that compliance with this Section 7-

1.03 shall not be a prerequisite as to matters within the scope of the notice provisions in Section 6-1.07, “Time of Completion,” or the notice provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions, nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.

The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The said Notice as above required must have been given to the Director prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Director, or in all other cases within seven (7) Days after the happening of the event, thing, occurrence or other cause giving rise to the potential claim.

If the Notice of Potential Claim does not include complete information about the claim or the parties do not execute a Contract Change Order in connection with the Notice of Potential Claim, Contractor shall submit complete information about its claim for additional compensation and/or extension of time for performance within fifteen (15) Days after such work is performed.

Failure to provide written notice of claim prior to undertaking such work or failure to timely submit a complete and specific information about the claim for additional compensation and/or extension of the time for performance shall be deemed a waiver and abandonment of such claim.

If there is a dispute over any claim, the Contractor shall continue to Work during the dispute resolution process in a diligent and timely manner as directed by the City, and shall be

GC - 7:4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] governed by all applicable provision of the Agreement.

The Contractor shall maintain cost records of all Work that is the basis of any dispute.

On a daily basis, Contractor shall submit to City completed daily forms, the format of which will be acceptable to the City, with respect to the Contractor’s costs of performing the disputed work.

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

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

Contractor shall provide a clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of time and/or compensation sought pursuant to the claim; if Contractor’s claim arises from an ongoing occurrence, Contractor shall so state in its claim, including a description of the specific Work activities affected by the claim. All costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the circumstances together with complete supporting documentation.

The City will review any timely Notice of Potential Claim and supporting information

GC - 7:5
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] submitted by Contractor. In conducting this review, the City shall have the right to require the Contractor to submit such additional or supporting documents, data and other information as the City may require.

If an agreement can be reached which resolves the Contractor’s claim, the parties will execute a Contract Change Order to document the resolution of the claim. If the parties cannot reach agreement with respect to the Contractor’s claim, the Contractor shall still be obligated to comply with the claim identification provisions identified in these General Conditions, including but not limited to Section 7-1.04.

It is the intention of this Section 7-1.03 that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Director at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that it shall have no right to additional compensation for any Claim that may be based on any such act, failure to act, event, thing or occurrence for which no timely written Notice of Potential Claim as herein required was filed. 7-1.04 CLAIMS. Contractor must submit all Claims, for which it has previously submitted a Notice of Potential Claim, prior to Acceptance of the Work. Each such Claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the Claim.

Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed forty-five (45) Days, or such further time as mutually agreed upon or necessary pursuant to Public Contract Code Section 9204, the City shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. If the City does not respond to a Claim from the Contractor within the time

GC - 7:6
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] specified herein, such Claim shall be deemed rejected in its entirety.

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

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

Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be resolved in accordance with Section 7-1.05 below.
7-1.05 DISPUTE RESOLUTION PROCEDURE. All Claims not resolved

GC - 7:7
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] pursuant to Section 7-1.04, shall be resolved pursuant to Public Contract Code Section 10240, et seq.
7-1.06 STOP PAYMENT NOTICES. The City, by and through the Department or other appropriate office or officers, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims, filed pursuant to Civil Code Section 9350, et seq., including an amount to provide for the reasonable cost of any litigation thereunder. 7-1.07 PROGRESS PAYMENTS. Within fifteen (15) Days after the effective date in the Notice to Proceed, but in any event prior to Contractor’s first Application for Payment, the Contractor shall submit to the City a detailed Schedule of Values.

Upon its approval, the Schedule of Values will form a basis for determining the compensation payable to the Contractor based on its actual progress of Work with respect to each Lump Sum bid item. The City, prior to any progress payment being made, must approve the Schedule of Values.

At the Director’s discretion the approved Schedule of Values may be used as the basis for calculating the adjustment in compensation for a lump sum bid item due to changes ordered by the Director. When an ordered change increases or decreases the quantities shown in an approved Schedule of Values, at the Director’s discretion, the adjustment in compensation may be determined in the same manner specified for increases and decreases in the quantity of a bid item of work in accordance with Section 3-1.05(B), “Contract Price Adjustment,” of these General Conditions.

The Contractor once in each month shall submit an Application for Payment, for approval by the Director. Contractor’s Applications shall be based on the Schedule of Values submitted to the City. These applications shall be supported by: (1) documentation requested by the City to

GC - 7:8
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] substantiate the payment request; (2) statutory releases from Contractor and all Subcontractors and suppliers pursuant to Civil Code Sections 8132 and 8138; and (3) certified payroll records for the period for which payment is requested. Specifically, the Contractor will submit conditional waivers upon progress payment executed by all contractors and suppliers that will be receiving sums sought in the instant payment request and also submit unconditional waivers upon progress payment executed by all contractors and suppliers that have been paid to the date of the payment request. The Contractor shall certify that the Work for which payment is requested has been accomplished. When requested by the City, the Contractor shall submit receipts, invoices and other documentation that the City requires to be furnished for purpose of evaluating the application.

The City will pay the Contractor within thirty (30) Days after its receipt of an undisputed and properly submitted Application for Payment, after deducting all previous payments, retention, and other sums as described in the Contract Documents. Within seven (7) Days of its receipt of the Contractor’s Application for Payment, the City will determine whether it complies with the provisions of the Contract Documents. As appropriate, the City will return the application to the Contractor accompanied by a document prepared by the City setting forth the reasons for the rejection. Thereafter, the Contractor shall correct and resubmit the Application for Payment. Progress payments may be withheld for Work that is not performed in accordance with the Contract Documents.

The City may deduct the following from each progress payment:

1. An amount equal to one hundred and twenty-five percent (125%) of the amount claimed under any stop payment notice or other lien filed against the Contractor, which includes an amount to provide for the reasonable cost of any litigation

GC - 7:9
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] thereunder.

2. Any Liquidated Damages or Assessments that have accrued as of the date of the Application for Payment.

3. Any sums expended by the City in performing any of the Contractor’s obligations under the Agreement that the Contractor has failed to perform.

4. Any other sums that the City is entitled to recover from the Contractor under the terms of the Contract including damages to the City’s property.

5. The failure of the City to deduct any of the above identified sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

No such estimate or payment shall be construed to be an acceptance of any defective Work or improper materials.

Under no circumstances will the City make payment to unlicensed Contractors. As a condition of payment, the Contractor is required to maintain the applicable Contractor’s license as identified in the Notice to Contractors for the duration of the Work. 7-1.08 PAYMENT FOR MATERIALS AND EQUIPMENT ON HAND.

Partial payments may be made to the extent of seventy-five percent (75%) of the cost of materials and equipment plus delivery to be incorporated in the Work, provided that such materials and equipment meet the requirements of the Contract Documents and are delivered to acceptable sites on the plant site or at other sites in the vicinity that are acceptable to the City and only with the prior written approval by the City. Such delivered costs of stored or stockpiled materials and equipment may be included in the next progress payment after the following conditions are met:

A. Equipment and materials will only be eligible if given conditional or final

GC - 7:10
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Acceptance by the Director and are in apparent compliance with favorably reviewed Submittals.

B. Only equipment or materials which have received favorable review of Shop Drawings will qualify.

C. The material or equipment has been stored or stockpiled adequately protected against damage in a manner acceptable to the Director at an approved site.

D. The Contractor has furnished the Director with acceptable evidence of the quantity and the quality of such stored or stockpiled materials or equipment with identification of where they will be incorporated into the project with Specification reference.

E. The Contractor has furnished the Director with satisfactory evidence that the material or equipment and transportation costs have been paid.

F. The Contractor has furnished the City legal title (free of liens or encumbrances of any kind) and lien releases to the material or equipment so stored or stockpiled.

G. The Contractor has furnished the City evidence that the material or equipment so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the Work.

It is understood and agreed that the transfer of title and the City payment for such stored or stockpiled materials or equipment shall in no way relieve the Contractor of its responsibility for furnishing and placing such materials or equipment in accordance with the requirements of the Contract Documents.

In no case will the amount of progress payments for materials or equipment on hand exceed the Contract Price for such materials or equipment or the Contract Price for the Contract item in which the material is intended to be used.

No partial payment will be made for stored or stockpiled living or perishable plant

GC - 7:11
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] materials.

The Contractor shall bear all costs associated with the progress payment of stored or stockpiled materials or equipment in accordance with the provisions of this Section. 7-1.09 RETENTION ON PROGRESS PAYMENTS. From each progress payment estimate, five percent (5%) will be deducted and held in retention by the City. The remainder, less any deductions described in Section 7-1.07, “Progress Payments,” of these General Conditions, will be paid to the Contractor as progress payments.

Pursuant to Public Contract Code Section 22300, the successful Bidder may submit Securities in lieu of retention payments by the City. Upon the Contractor’s request, the City will make payment of funds withheld from progress payments, pursuant to the requirements of California Public Contract Code Section 22300, if the Contractor deposits in escrow with the City or with a bank acceptable to the City, securities eligible for investment under California Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions:

1. The Contractor shall bear the expenses of the City and the escrow agent in connection with the escrow deposit made.

2. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section.

3. Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall be substantially similar to the form provided in California Public Contract Code section 22300.

GC - 7:12
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

4. The Contractor shall obtain the written consent of the surety to such agreement.
7-1.10 FINAL PAYMENT. Final payment will be made only after Contractor has achieved Final Completion of the Work pursuant to the provisions of Section 7-1.01, “Acceptance,” of these General Conditions. Before final payment can be made, the Contractor shall have furnished the City with the following:

1. All Record Documents, catalogues, instruction sheets and information as required by the Contract Documents.

2. Conditional Waivers and Releases Upon Final Payment executed by Contractor and all Subcontractors and Suppliers, as provided by Civil Code Section 8136. Unconditional Waivers and Releases Upon Final Payment, as provided in Civil Code Section 8138, executed by Contractor and all Subcontractors and Suppliers, must be provided for all Subcontractors and Suppliers that have been paid in full.

Within thirty (30) Days of the date of the City’s Acceptance of the Work, the Contractor shall prepare and submit a Final Invoice, showing the proposed total amount due the Contractor, segregated by Bid item quantities, Change Order Work, and other basis for payments; deductions made or to be made for prior payment; and amounts previously retained. Prior invoices and payments shall be subject to correction in the proposed Invoice for Final Payment. Payments to the Contractor will be made only for actual quantities of the Contract items of work constructed in accordance with the Contract Documents.

The City will review the Contractor’s proposed Final Invoice and necessary changes or corrections will be forwarded to the Contractor. Within ten (10) Days thereafter, the Contractor

GC - 7:13
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] shall submit a revised proposed Final Invoice incorporating changes or corrections made by the City together with any new claims resulting therefrom. Upon approval by the City, the corrected proposed Final Invoice will become the approval Final Invoice.

If agreements are reached on all questions regarding the Final Invoice, the City will pay the entire sum found due on the approved application. However, the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Section 9350, et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.

Final payment will be made within thirty (30) Days after receipt of an approved Final Invoice and other required Submittals referenced above or within sixty (60) Days after Acceptance of the work by the City, whichever is later, provided, however, that if an approved Final Invoice has not been submitted within sixty (60) Days after Acceptance of the Work by the City, the City may elect to make payment of sums not in dispute without prejudice to the right of either the City or the Contractor in connection with such disputed sums. Notwithstanding the foregoing, if a Notice of Completion is recorded, final payment shall not be made prior to the expiration of the thirty-five (35) calendar day lien period. The start of this lien period is the date the Placer County Recorder’s Office records the Notice of Completion.

The City may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of any amount in dispute between the City and the Contractor.

The making of Final Payment shall not operate to release the Contractor or its sureties from obligations arising under the Contract, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of claims by the City arising from:

GC - 7:14
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]

1. Unsettled or future liens;

2. Failure of the Work to comply with the requirements of the Contract Documents;

3. The terms of any warranties required by or contained in the Contract Documents;

4. The right to any insurance proceeds or the right to make any insurance or bond claims;

5. Any claims with respect to Contractor’s obligations of indemnity with respect to claims asserted by third parties; or

6. Any latent deficiencies with the Work or Contractor’s fraud. 7-1.11 CLERICAL ERRORS. Notwithstanding the provisions of Section 7-

1.10 , “Final Payment,” of these General Conditions, for a period of three (3) years after Acceptance of the Work, all estimates and payments made pursuant to said Section 7-1.10, are subject to correction for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City agree to pay to the other any sum due under the provisions of this Section 7-1.11, provided, however, if the total sum to be paid is less than $100, no such payment shall be made.
7-1.12 WARRANTY. Notwithstanding inspections and Acceptance by the City of Work furnished under the Contract Documents, the Contractor hereby unconditionally guarantees that all materials and equipment furnished will be of good quality and new, that the Work will be free from defects in workmanship and materials and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

GC - 7:15
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] This warranty by the Contractor is in addition to any warranties or guarantees required elsewhere in the Contract Documents. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.

The Contractor hereby agrees to repair or replace any and all Work, together with any other adjacent Work which may be displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or material during the greater of a period of one (1) year after Acceptance of the Work by the City or the period specified in the Special Conditions, without any expense whatsoever to the City, ordinary wear and tear and unusual abuse or neglect excepted.

The Contractor further agrees, that within ten (10) Days after being notified in writing by the Department of any Work not in accordance with the requirements of the Contract Documents or of any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of this warranty, and to complete such Work within a reasonable period of time. In the event Contractor fails to comply, it does hereby authorize the Department to proceed to have such Work done at the Contractor's expense and the Contractor will honor and pay the cost and charges therefore upon demand. The Department shall be entitled to all costs and expenses, including reasonable attorneys’ fees, necessarily incurred upon the Contractor's refusal to honor and pay the above costs and charges.

All warranties set forth in the Contract Documents shall be deemed cumulative and not alternative or exclusive. Nothing contained in this section shall be construed to establish a period of limitation with respect to any other obligation, which Contractor has under the Contract Documents or under any separate warranty or guaranty required thereby. The establishment of a

GC - 7:16
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] specific warranty period relates only to the specific obligation of Contractor to correct defective Work, and it has no relationship to the time within which its obligation to comply with the Contract Documents or applicable provision of law may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the Work. Without limiting the foregoing, it is understood and agreed that Contractor shall remain responsible for latent defects with its work, regardless of the expiration of any warranty period set forth in the Contract Documents. 7-1.13 WARRANTY OF TITLE. No material, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment Installed or incorporated in the Work and agrees upon completion of all Work to deliver the Premises, together with all improvements and appurtenances constructed or placed thereon by it, to the City free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by this Contract shall have any right to a lien upon the Premises or any improvement or appurtenances thereon. Provided, that this shall not preclude the Contractor from Installing metering devices and other equipment of utility companies, the title of which is commonly retained by the utility company. In the event of the Installation of any such metering device or equipment, the Contractor shall advise the City as to the legal owner thereof. Nothing contained in this paragraph, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection or any rights under any law permitting such persons to look to funds due the Contractor in the hands of the City.

[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The provisions of this paragraph shall be inserted in all subcontracts and material Contracts, and notice of its provisions shall be given to all persons furnishing materials for the Work when no formal Contract is entered into for such materials.
[END OF GENERAL CONDITIONS]
GC - 7:17

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

SUPPLEMENTAL CONDITIONS
Project: Spare Substation Transformer Civil Construction

SC - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Scope of Supplemental Conditions

1. The Work shall be performed in accordance with the General Conditions and Department Standards, except as the General Conditions may be modified by the following additional City Standards, incorporated herein by this reference, if so indicated.

COMMUNITY DESIGN GUIDELINES
311 Vernon Street, Roseville, CA 95678
X

SPECIFICATIONS FOR COMMERCIAL

CONSTRUCTION (ELECTRIC)
2090 Hilltop Circle, Roseville, CA 95747

PARKS CONSTRUCTION STANDARDS
316 Vernon Street, Suite 400, Roseville, CA 95678

DESIGN AND CONSTRUCTION STANDARDS
311 Vernon Street, Roseville, CA 95678
OTHER
Above documents are available at: www.roseville.ca.us.

2. Numbering in these Supplemental Conditions conforms to that in the General Conditions. The existence of a section in these Supplemental Conditions means that the corresponding section in the General Conditions is modified in some respect. Unless otherwise specified, the modified General Condition is deleted entirely and the provisions of these Supplemental Conditions are substituted.

SC - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] XXV. SECTION 1. DEFINITIONS AND TERMS
1-1.24 DEPARTMENT. Section 1-1.24 of the General Conditions is amended to include the following:

The Department for Contract Administration is the Electric Department of the City of Roseville.

SC - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] XXVI. SECTION 2. CONTROL AND SCOPE OF THE WORK
2-1.08 SUBMITTALS. Section 2-1.08 of the General Conditions is amended to include the following:

The time allowed for review of each submittal is 5 Days after receipt of the submittal by the Director.

SC - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] XXVII. SECTION 3. CHANGES IN THE WORK
There are no amendments to the General Conditions.

SC - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] XXVIII. SECTION 4. CONTROL OF MATERIALS
There are no amendments to the General Conditions.

SC - 6
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] XXIX. SECTION 5. LEGAL RELATIONS AND RESPONSIBILITY
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. Section 5-1.14 of the General Conditions is amended to include the following:

To the best of the City's knowledge, asbestos is not present in the vicinity of the Project. Additional information shall be made available to Contractor upon request.

SC - 7
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] XXX. SECTION 6. PROSECUTION AND PROGRESS
6-1.04 PROGRESS SCHEDULE. Section 6-1.04F of the General Conditions is amended to include the following:

Progress schedules showing project completion dates more than Days earlier than specified in Section 6-1.07 shall be rejected. 6-1.07 TIME OF COMPLETION. Section 6-1.07 of the General Conditions is amended to include the following:

The Contractor shall begin Work within 5 business days after receiving a Notice to Proceed and shall diligently prosecute the Work to completion. The Work shall be completed within 65 business days of the Notice to Proceed.

If landscaping plants require an establishment period, that period will be 60 calendar days. Start of the establishment should be as outlined in the Specifications. 6-1.08 LIQUIDATED DAMAGES. Section 6-1.08 of the General Conditions is amended to include the following:

The amount of Liquidated Damages is the sum of $ 500 per Day.

SC - 8
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] XXXI. SECTION 7: ACCEPTANCE AND PAYMENT
There are no amendments to the General Conditions.
[END OF SUPPLEMENTAL CONDITIONS]

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

SPECIFICATIONS

SPARE SUBSTATION TRANSFORMER CIVIL CONSTRUCTION SPECIFICATION

TABLE OF CONTENTS

1. SCOPE OF WORK

2. GENERAL PROVISIONS

3. DRAWING LIST

4. EXISTING SITE CONDITIONS

5. CONSTRUCTION SURVEYING

6. SITE PREPARATION AND GRADING

7. EARTHWORK AND COMPACTION

8. EXCAVATION AND BACKFILLING FOR TRENCHES AND FOUNDATIONS

9. UNDERGROUND CABLE CONDUITS AND TRENCHES

10. GROUNDING SYSTEM

11. REINFORCED CONCRETE FOUNDATIONS

12. CAST-IN-PLACE CONCRETE

13. CRUSHED ROCK SURFACING

14. AGGREGATE BASE

15. EROSION AND SEDIMENT CONTROL

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

1. SCOPE OF WORK

1.1 This specification covers the labor, supervision and materials required for the following projects:

1.1.1 Construct a concrete foundation for the 60/12-kV transformer at Fiddyment Substation. This project consists of the following: construction of a new reinforced concrete foundation, installation of underground electrical conduits, grounding and grounding pigtails as shown on drawings and as needed.

1.1.2 Expand the substation transformer oil spill containment pit at Sierra Vista Substation. This project consists of the following: construct a new oil spill containment pit adjacent to an existing pit; intertie the new and existing containment pits; redirect conduit, grounding and grounding pigtails as shown on drawings and as needed.

1.2 Work Included: Contractor shall perform all labor, coordination, supervision, surveying, inspection, site, and laboratory testing that is required to construct the needed items. All labor, material, testing and associated construction costs are the responsibility of the Contractor unless specifically stated otherwise.

The principal components of the work include, but are not limited to the following:

1.2.1 Establish the reference and boundary lines.

1.2.2 Protect nearby substation equipment from damage during demolition and construction.

1.2.3 Construct concrete foundations for the new equipment as shown on the drawings

1.2.4 Furnish and install underground low voltage control wiring conduits, junction boxes, and reconfigure existing conduits as shown on drawings.

1.2.5 Repair substation grounding system as necessary for excavation and construction of concrete foundation.

1.2.6 Remove and dispose of all surplus materials including surplus excavated materials from sites.

1.2.7 Extend/modify the existing concast trench system as shown on the drawings.

1.2.8 Install new grounding and grounding pigtails as shown on the drawings.

1.2.9 Supply and implement necessary BMP’s for erosion and sediment control.

1.3 This specification shall be used together with the following:

1.3.1 Construction drawings listed in Section 3.

1.3.2 The Supplemental Conditions.

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

1.3.3 Roseville Electric Specifications for Commercial Construction.

1.3.4 Other standard specifications.

1.3.5 General Conditions for Buildings and Grounds.

In case of any conflicts between the requirements stated above, the order of precedence shall be as follows:

A. Construction drawings listed in Section 3 (highest)
B. The Supplemental Conditions.

C. This Specification.

D. Other standard specifications.

E. General conditions for Buildings and Grounds.
2 GENERAL PROVISIONS

2.1 Contractor shall examine the site and determine the amount, nature and difficulty of the proposed work. Contractor shall evaluate the requirements of the plans, specifications, bid package and existing conditions and bid accordingly.

Contractor shall satisfy himself/herself of the soil conditions prior to bidding this project. The contract price shall be based on a lump sum basis.

2.2 If there is any doubt as to the true meaning of any part of the plans, specifications, or the contract documents or if discrepancies in or omissions from the drawings or specifications are found, a written request should be made to the City for interpretation. No payment will be made to the Contractor because of error, negligence or failure to become familiar with the existing conditions or requirements of the plans, specifications and bid package.

2.3 The safety of all materials and labor used in this project is left solely to the Contractor. Any loss due to weather, acts of God, vandalism, theft, poor workmanship, or any other loss is the responsibility of the Contractor, and it is assumed to be part of this bid and bid price. City will not be responsible for the loss of any material and/or labor.

2.4 Appropriate tarps and covers shall be used to protect all open trenches, excavations and removed materials that are planned to be used for backfill from wind, rain and other weather conditions.

2.5 Underground Service Alert (USA) must be called before any digging is started. The phone number of USA is 1-800- 642-2444. There are existing underground installations in the working area including electrical power cables installed by

SPEC
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] the City, water and sewer lines, gas and telephone facilities. The as-built drawings are available for inspection at the Electric Department. These drawings are not exact and the Contractor agrees to hold the City harmless for any errors that may be on the plans or for any damage that the Contractor may do to existing facilities due to the plans. Any damage to existing underground facilities including the electrical power cables or to the conduit system done by the Contractor is the complete responsibility of the Contractor. There are existing underground conductors energized at 12,000 volts on and adjacent to these sites.

2.6 There are existing exposed 230-kV and 60-kV energized conductors above the working areas at Fiddyment Substation, and existing exposed 60-kV energized conductors above the working areas at Sierra Vista Substation. All work under these exposed conductors shall be restricted at ground level only. Outage and clearance must be pre-arranged with Roseville Electric before working in close proximity to the live conductors. Overhead conductors will not be removed to allow access for drilling equipment. Drilling equipment must be of a height as to not interfere with or damage overhead conductors.

2.7 All work inside the existing energized Sierra Vista Substation and the Fiddyment Substation will be under the supervision of City of Roseville Electric Department's representative to ensure all relevant safety procedures are followed.

2.8 If work is performed within 10 feet of normally energized equipment, suitable type of protective clothing shall be used by all persons per specification 2.9 below. The 10 feet is not the reach distance. It is measured as a footprint with a 10- foot perimeter around all normally energized equipment including wire, overhead line, bus and underground cable.

Inside this perimeter, approved FR protective clothing shall be worn. When working at ground level only in an area without any aboveground energized conductors, if the work does not dig in or expose any underground live cables, the FR clothing requirement may be waived with the approval from Roseville Electric site supervisor or Engineer.

2.9 When working within the 10-foot perimeter of energized equipment as defined by 2.8 above, no clothing made from acetate, nylon, polyester, and rayon alone or in blends shall be worn. Clothing or underwear worn next to the skin shall be made of FR material or natural fibers. Caution – some of the new synthetic materials melt at temperatures as low as 140 deg. C. Personnel that may be exposed to an electric arc shall wear the FR shirt rated at 8 ATPV over 100% cotton T-shirt in conjunction with FR pants rated at 8 ATPV. Worn and threadbare denim pants that do not have the ignition or

SPEC
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] protective level required shall not be worn. The FR shirt sleeves shall be rolled down and secured at the wrist when exposed to the potential thermal hazard area.

2.10 Contractor shall coordinate and comply with the statutory requirements of all relevant authorities for the due and lawful prosecution of the work. The contractor shall be liable for all monetary fines assessed during construction due to noncompliance on the part of the contractor and subcontractors.

2.11 Unless otherwise approved by the Engineer, the normal working hours shall be limited to Monday through Friday, excluding City's holidays, between 7 a.m. and 3:30 p.m.

2.12 Contractor shall preserve the existing landscape surrounding the substation site. Any damage done to the landscaping in the surrounding area by the Contractor shall be repaired to the City’s satisfaction at the cost of the Contractor. This cost is assumed to be part of this bid and bid price.

2.13 Except as otherwise provided in Section 2.14, Contractor shall furnish all materials, utilities, electrical power, supplies, tools, construction equipment, temporary traffic facilities, and all items of consumable nature that are required to complete the work.

2.14 The following lists the items that will be furnished by the City:

2.14.1 Anchor Bolts for the 60/12kV transformer at Fiddyment Substation

2.15 A mandatory prebid meeting will be held in accordance with meeting details posted on the Public Purchase website which will include an inspection of the project sites. FR clothing per sections 2.8 and 2.9 shall be required for the on-site inspection.

2.16 Contractor Submittals and Qualification- Along with the bid submittal, contractor shall provide a list of substation projects for Electric Utilities only that have been completed in last fifteen years. The project list shall include scope of work, total contract amount, change orders and number of weeks to complete the entire project. The client list shall include the name, address and contact phone numbers of all companies for which the contractor has previously built related projects. Contractor and its foreman or supervisor assigned for this project must have performed construction projects in at least three electric substations at 60- kV or above, during the last fifteen years. Please identify the name and location of your three most recent electric substation projects. Bids will be rejected by any Contractor that does not meet these requirements/qualifications.

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

2.17 Time of Completion: The Contractor shall perform all specified work within the following number of days after the date on the Notice to Proceed.

2.17.1 Work at Fiddyment Substation shall take place approximately between early July and late August 2026:

Begin Site Construction
Transformer Foundation
Complete all work
5 calendar days
45 calendar days
60 calendar days

2.17.2 Work at Sierra Vista Substation shall take place approximately between late August and late September 2026:

Begin Site Construction
Containment Pit Extension
Complete all work
5 calendar days
30 calendar days
35 calendar days

2.18 Prevailing Wages and DIR Registration Notice - A portion of the services described herein are for publicly funded projects, considered “public works” as defined by California Labor Code Section 1720 et seq. Any Contractor awarded a contract as the result of this bid shall be responsible for compliance with all applicable prevailing wage laws, as well as any and all applicable state or federal wage laws, for services performed under any resulting contract. Fee schedules must differentiate hourly rates for public works and private development projects and be consistent with applicable prevailing wage requirements.

Provide documentation verifying that your firm and any sub-consulting firm is registered with the Department of Industrial Relations (DIR), including the Public Works Contractor (PWC) Registration Number for all firms.

Consultants are hereby notified that this agreement and task agreements hereunder are, as applicable, subject to compliance monitoring and enforcement by DIR.

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

2.19 Mitigation Monitoring and Reporting –
Mitigation Measure CR-1 (Previously Unidentified Cultural Resources) (a) Construction shall stop if potential cultural resources are encountered. It is possible that previous activities have obscured surface evidence of cultural resources. If signs of an archeological site, such as any unusual amounts of stone, bone, or shell, are uncovered during grading or other construction activities, work 7 shall be halted within 100 feet of the find and the Roseville City Manager’s Office shall be notified. A qualified archeologist shall be consulted for an on-site evaluation. If the site is or appears to be eligible for listing in state or federal registers, additional mitigation, such as further testing for evaluation or data recovery, may be necessary. (b) In the event resources are discovered, the City shall request a qualified archaeologist assess the find, and determine whether the resource requires further study. Any previously undiscovered resources found during construction should be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated for significance under all applicable regulatory criteria. (c) No further grading shall occur in the area of the discovery until the City approves the measures to protect the resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study.

Mitigation Measure CR-2 (Previously Unidentified Paleontological Resources) If substantial fossil remains (particularly vertebrate remains) are discovered during earth-disturbing activities on the project site, activities will stop immediately until a state-registered professional geologist or qualified professional paleontologist can assess the nature and importance of the find and a qualified professional paleontologist can recommend appropriate treatment. Treatment may include preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds. The applicant will be responsible for ensuring that

SPEC
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] recommendations regarding treatment and reporting are implemented.

Mitigation Measure CR-3 (Inadvertent Discovery of Human Remains) If human remains are discovered during any phase of construction, including disarticulated or cremated remains, the construction contractor shall immediately cease all ground-disturbing activities within 100 feet of the remains and notify Jessica Lynch, Environmental Coordinator, City of Roseville Development Services.

In accordance with California State Health and Safety Code Section 7050.5, no further disturbance shall occur until the following steps have been completed:
(a) The County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code (PRC) § 5097.98.
(b) If the remains are determined by the County Coroner to be Native American, the NAHC shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. It is further recommended that a professional archaeologist with Native American burial experience conduct a field investigation of the specific site and consult with the Most Likely Descendant (MLD), if any, identified by the NAHC. As necessary and appropriate, a professional archaeologist may provide technical assistance to the MLD, including but not limited to, the excavation and removal of the human remains. 3 DRAWING LIST
325C1-01 Fiddyment Substation Vicinity and Site Location 325C1-03 Fiddyment Substation Site and Grading Plan
325C1-26 Fiddyment Substation Grounding Plan
326C1-01A Fiddyment Substation Transformer and Switchgear Layout 326C1-04 Fiddyment Subsbation Spare Transformer Foundation and Conduit Plan 326C1-05 Fiddyment Substation Transformer Pad and Sump Pump Details

SPEC
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Fiddyment Substation Geotechnical Report
395C1-00 Sierra Vista Substation Location
395C1-02 Sierra Vista Substation Electrical Plan
395C2-01 Sierra Vista Substation Precise Grading Plan
395C4-04 Sierra Vista Substation Transformer Foundation Details 395C5-01 Sierra Vista Substation Conduit Plan
395C7-01 Sierra Vista Substation Grounding Plan
Sierra Vista Substation Geotechnical Report
4 EXISTING SITE CONDITIONS

4.1 Existing underground electrical cables energized at 12,000 volts and other control cables are on both sites. Existing overhead electrical cables energized at 60,000 volts are on both sites, and existing overhead electrical cables energized at 230,000 volts are on site at Fiddyment Substation.

4.2 The existing sites have been graded. After modification work for the project, all area must be restored to the original grading.

4.3 Soils investigation has been carried out at Fiddyment Substation and Sierra Vista Substation.

4.4 Topographic Survey has not been conducted on the sites.

4.5 A copy of the Geotechnical Report is included in this manual for Fiddyment Substation and Sierra Vista Substation.

5. CONSTRUCTION SURVEYING

5.1 The Contractor shall lay out all proposed improvements in accordance with the plans and these specifications.

5.2 The Contractor shall layout all proposed improvements from lines established by the drawings.

6. SITE PREPARATION AND GRADING

6.1. Contractor shall prepare the site in accordance with the drawings and these specifications. Site preparation shall include clearing of existing debris, grading and sub-grade preparation. All trench work must be inspected by Roseville Electric before backfilling.

6.2. Sub-grade preparation shall include areas that will receive crushed rock and aggregate base.

SPEC
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6.3. The area within the limits of the substation site shall be cleared and graded.

6.4. Clearing shall consist of removal of debris, vegetation, waste, or other unacceptable subgrade material.

6.5. Grading shall include construction of embankment, cutting, shaping, blading, and rolling and all other operations necessary to achieve the proposed elevations, slope and compaction.

6.6. The intent of the grading information shown on the drawings is to provide for a free draining surface.

6.7. Grade tolerance for sub-grade and cut or fill slopes shall be plus or minus one inch from the finished elevation shown on the drawings. However, the tolerance shall not create small pools or otherwise affect the intent of the free draining surfaces.

7. EARTHWORK AND COMPACTION

7.1. Immediately prior to surfacing, the sub-grade shall be shaped to the grade and cross section indicated on the drawings.

The top six inches of the sub-grade shall be compacted to 95 percent of maximum density at optimum moisture content as determined by ASTM D698 when that test is appropriate, or to 70 percent relative density as determined by ASTM D4253 and D4254 when these tests are appropriate. This operation shall include any scarifying, reshaping, and wetting required to obtain proper compaction. Soft, organic, and otherwise unsuitable material shall be removed from the subgrade and replaced with suitable material approved by the Engineer.

7.2. Any deviation of the sub-grade surface in excess of one inch as indicated by a sixteen-foot straightedge, or template cut to typical section, shall be corrected by loosening, adding or removing material, reshaping, and recompacting.

7.3. In cut areas and in areas of less then six inches of compacted fill, the top six inches shall be scarified and thoroughly mixed by discing or blading and watered or aerated as necessary to achieve optimum moisture content. It shall be compacted to 95% relative density.

7.4. Where compacting earth materials is required, materials shall be deposited in horizontal layers and compacted as specified.

7.5. The soil compaction tests shall be performed by an independent testing laboratory approved by the Engineer. The laboratory shall be retained by the Contractor and all costs for laboratory services shall be paid by the Contractor.

8. EXCAVATION AND BACKFILL FOR TRENCHES AND FOUNDATIONS

SPEC
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8.1. Excavation, backfill, and compaction for trenches and structures shall be in accordance with the drawings and these specifications

8.2. All excavation shall be to the lines and grades required for foundations, conduits, grounding and other facilities.

Excavation shall be large enough to allow form removal and working space to backfill and compact.

8.3. The bottom of excavations for foundations shall be a smooth plane with the top six inches compacted to 95 percent relative density. The bottom of drilled holes shall be free of loose or disturbed soil.

8.4. Any over excavation and resultant backfilling, compacting, or concreting will be considered as incidental work and included in the bid prices.

8.5. Backfill shall be free of organic matter, large rocks or any other deleterious material. Rocks or clods larger than 1-1/2 inches in diameter will not be allowed within 6 inches of any conduit or ground wire. All backfill will be subject to the approval of the Engineer. Backfill shall be watered and aerated to an optimum moisture content in successive lifts not to exceed six inches and compacted to relative density of 95 percent.

8.6. No backfill shall be made until the work to be covered has been approved by the Engineer. External back filling materials must be approved by the Engineer before use.

8.7. Contractor shall locate, protect, shore, brace, support, and maintain all existing underground pipes, conduits, drains, and other underground construction which may be uncovered or otherwise affected by the work.

8.8. Existing improvements and underground facilities have been plotted from the best information available. However, this information is not complete or accurate. There may be additional existing facilities. The utility information shown on the plans shall not relieve the Contractor of the responsibility of using caution and good judgment. It is the responsibility of the Contractor to ascertain the exact location of all existing facilities and to avoid damaging them.

8.9. Existing improvements that are damaged shall be replaced to an original or better condition. All repair and restoration shall be to the satisfaction of the City of Roseville.

8.10. Excavation by machinery shall be approved by the Engineer or City's Electric Department representative in consideration of the safe electrical working clearances and close proximity to the existing energized conductors and underground conduits. The contractor must pot-hole and locate the exact location of the underground 12-kV and 60- kV

SPEC
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] conduits before any excavation and drilling near the cable’s location identified by the Electric Department as part of the USA requirements.

8.11. All work shall be carried out effectively and tidily to ensure minimum inconvenience to the substation operation. All drains and gullies shall be kept clear of excavation materials at all times.

9. UNDERGROUND CABLE CONDUITS AND TRENCHES

9.1. The underground power cable and control cable conduits and trench system shall be installed as shown on the drawings and the requirements stated in the City of Roseville Specifications for Commercial Construction.

9.2. Power conduits and couplings shall be minimum Schedule 40 PVC. The solvent used shall be in accordance with ASTM-2564 for PVC. All conduits shall be blown free of water and debris. A 1/2" diameter nylon pull rope shall be provided for each conduit and shall comply with Page 2.1 of Roseville Electric’s Construction Standards.

9.3. All conduits shall be proven by a proving mandril equal to 80 percent of the conduit diameter. The proving tests shall be witnessed and approved by the Engineer or his representative.

9.4. Conduits that are encased in concrete shall be encased with a 3/8” aggregate concrete mix with a seven inches slump and with a normal strength of 25800lbs. The encasement shall cover at least three inches on any side of the conduits. All conduit outlets must be set perfectly vertical or inclined at an angle at the bottom of the trench to the direction as showed on the drawings.

10. GROUNDING SYSTEM

10.1. Contractor shall locate the existing grounding conductors as shown on the Drawings. The contractor shall provide the grounding conductors, welding materials and perform the connections to the ground grids.

10.2. The Contractor shall install ground rods, grounding conductors and pig-tails for the equipment structures as shown on the Drawings.

10.3. All grounding grid conductors and rods shall be connected by exothermal welding, e.g. Cadweld or approved equivalent.

10.4. If the location of any concrete foundations or piers conflicts with the existing grounding conductors, the location of the foundations shall have priority. The grounding conductors shall be rerouted so that they do not pass through any

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

10.5. The reconfiguration of any grounding conductors to avoid concrete foundations shall be approved by the Engineer or his representative.

11. REINFORCED CONCRETE FOUNDATIONS

11.1. The Contractor shall construct the reinforced concrete foundations in accordance with the drawings and these specifications.

11.2. The foundation shall be accurately located, sized and plumbed. The maximum variation of any foundation from its designed location shall not be more than two (2) inches. The variation of the top surface of all foundations shall not exceed 1/8 inch in 12 feet. All edges shall be chamfered. The Contractor shall employ a licensed surveyor to stake the foundation locations and to check the tolerance of the top surface of the foundations.

11.3. The surplus excavated materials shall become the property of the Contractor and shall be removed from the site. All excavation shall be made to the lines and grades shown on the drawings. The bottom surface of the excavation shall be free of loose or disturbed material. Any over excavation and resulting backfilling, compacting, or concreting shall be considered incidental. No separate payment will be made.

11.4. No classification of excavated materials will be made except for identification purposes. Foundation excavation shall include the removal and subsequent handling of all materials encountered in excavating the foundation to the depth required.

11.5. Blasting will not be permitted on the site.

11.6. Control joints shall be placed on foundations as shown on the drawings. The Burke "Key Kold Joint" compound or equal shall be used.

11.7. Concrete work for foundation shall conform to the requirements of the section entitled "Cast-in-Place Concrete" and to these additional requirements. Concrete shall reach a minimum compressive strength of 4,000psi in 28 days unless otherwise specified on the drawings. For each cement truck load only, Contractor shall employ an independent testing laboratory to take concrete samples at the job site and to perform compression testing at 14 and 28 days for compliance with these specifications. One test shall be performed on each batch of concrete. The testing laboratory shall be

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

11.8. All water and loose materials shall be removed from the holes before any concrete is placed. Foundation holes shall be dry except as specified hereinafter. No concrete shall be poured without prior inspection by City Engineer.

11.9. Concrete shall be placed with a tremie or funnel to prevent segregation and the top six feet shall be rodded or vibrated to provide a dense mass free of voids. As placed, the concrete shall have a slump between 2-1/2 and 4 inches. During the filling of the holes, if water begins to accumulate on the top of the concrete, the amount of water in succeeding batches shall be reduced. Should there be an accumulation of scum or laitance on the top of the concrete, it shall be removed and additional concrete shall be placed to bring the foundation back to the proper elevation.

11.10. When the concrete pour is started, it shall be completed in a continuous process. A sufficient quantity of concrete to fill the foundation shall be in delivery trucks at the foundation site when the first concrete is poured. If the pouring of any foundation is suspended for more than 30 minutes before the foundation is completed, laitance and water shall be removed from the joint surface and the joint surface shall be coated with epoxy bonding compound before concreting is resumed. In order to provide for an emergency stoppage, bonding compound shall be at the site before the concreting of foundations is started.

11.11. Foundations shall be reinforced as indicated on the drawings and all reinforcements shall be installed and secured to prevent shifting during the placement of concrete. Anchor bolt cages for steel pole foundations shall be installed plumb and within 1/8 inch of their specified plan location. The upper portion of the foundations shall be formed where indicated on the drawings. Shores and frames shall remain in place a minimum of two days and may be removed only when the concrete has reached a strength capable of supporting its weight safely. Each foundation shall be cured for at least 7 days by continuous saturation with water or the use of membrane curing compound as specified in the section entitled "Cast-in-Place Concrete" unless otherwise specified.

11.12. Records shall be kept by the Contractor indicating the exact volume of each foundation excavated and this volume shall then be compared to the volume of concrete actually placed in each foundation. A lesser amount of concrete placed than calculated may indicate faulty foundation construction. In the event of such an occurrence, the Engineer shall be notified, and immediate remedial action shall then be taken by the Contractor.

11.13. Concrete shall not be deposited under water except with specific permission of the Engineer. For concrete deposited

SPEC
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] under water, the limiting requirements shall be adjusted to provide not more than six inches of slump and to increase the cement factor by one sack per cubic 14 yard. Any extra charges for these changes by the concrete supplier shall be borne by the Contractor. Underwater concrete shall be placed through tremies. The tremies shall be equipped with a tremie seal at the lower end and a hopper at the upper end. The tremie shall be watertight and large enough to allow a free flow of concrete. After the flow of concrete is started, the lower end of the tremie shall be kept below the surface of the deposited concrete. Agitation of the deposited concrete shall be avoided. When necessary to move laterally, the tremie shall be lifted free of the concrete and lowered vertically at the new location. The entire mass of concrete shall be placed as quickly as possible so that it will flow into place without the necessity of horizontal shifting below water. The water shall be quiescent when concrete is deposited therein. After placing, the ground water level in the area adjacent to the foundation shall be kept static until the concrete has taken its initial set.

11.14. The anchor bolt cage and the rebar cage shall be clean, dry and free of rust, dirt and oil. Anchor bolt cage may be welded to hold its shape. The rebar cage shall NOT be welded. No welds will be permitted for the rebar cage.

11.15. Any Anchor bolts for the foundations supplied by the contractor shall conform to ASTM A-307 and be galvanized in accordance with ASTM A-153.

12. CAST-IN-PLACE CONCRETE

12.1. General. This section covers cast-in-place concrete and includes reinforcing steel, forms, finishing, curing, grouting, and other appurtenant work. Contractor shall submit concrete mix specifications prior to ordering to the City Engineer in order to confirm it complies with these specifications.

Cast-in-place concrete shall be in accordance with the latest applicable requirements of the Federal Specifications, ACI, ASTM, and CRSI, except as modified by these specifications.

12.2. Materials. Materials shall be in accordance with these requirements:

Cement: ASTM C150, Type I & II
Fine Aggregate: Clean natural sand, ASTM C-33
Coarse Aggregate: Crushed stone, washed gravel, or other acceptable inert granular material conforming to ASTM C-33.

Maximum size of aggregate to be 3/4".

SPEC
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Water: Clean and free from deleterious substances.

Air-entraining Agent: ASTM C260
Plasticizing Retarder: ASTM C494, Type B or D
Plasticizer: ASTM C494, Type A
Reinforcing Steel Bars: ASTM A615-85, Grade 60
Forms:

Plywood: Product Standard PSI, waterproof, resin-bounded, exterior type Douglas Fir.

Lumber: Straight, uniform width and thickness, and free from knots, offsets, holes, dents, and other surface defects.

Chamfer Strips: Clear pine, surface against concrete shall be planed.

Form Oil: Light colored paraffin oil or other acceptable non-staining material.

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

13. CRUSHED ROCK SURFACING

13.1. Contractor shall furnish and restore crushed rock in accordance with the drawings and these specifications. Rock shall be washed and a uniform size of 3/4-inch with 100% fractured faces. The rock shall be clean and free of deleterious materials for its intended use. The rock surfacing shall have a minimum thickness of six inches or as indicated on the drawings.

13.2. Prior to applying the crushed rock surfacing, the Contractor shall apply weed eradicator and soil fumigant in strict accordance with the manufacturer's instructions. Contractor is cautioned to apply weed eradicator and soil fumigant only to the crushed rock surfacing areas and to refrain from applying such material when conditions may cause drifting to areas which are not to be treated.

13.3. The rock surfacing shall be smooth, hard and tight and free draining. Rock shall be spread evenly without humps or depressions.

14. AGGREGATE BASE

14.1. Contractor shall furnish, place and compact aggregate base in accordance with the drawings if required for touch up area. The materials and application of aggregate base shall comply with Section 26 of the CALTRANS "Standard Specifications", latest edition, and these specifications.

14.2. The subgrade shall be prepared in accordance with Section 7, Earthwork and Compaction.

14.3. The aggregate base shall be compacted, trimmed and shaped by blading and rolling to produce a hard and tight surface.

The finish surface shall be true to grade and free of segregation, irregularities, depression, or loose material. The compacted aggregate base shall have a uniform thickness of six (6) inches. The surface of the aggregate base shall not vary more than 0.05-foot above or below the grades shown on the drawings. The relative compaction for aggregate base shall not be less than 95 percent. The maximum aggregate size shall be 3/4-inch.

15. EROSION AND SEDIMENT CONTROL

15.1. Contractor shall supply and implement all necessary Best Management Practices (BMP’s) in order to control erosion and prevent sediment from entering the stormwater system.

SPEC
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15.2. Measures shall include but not limited to the following:

15.2.1. Geotextiles and mats.

15.2.2. Velocity dissipation devices.

15.2.3. Silt fence.

15.2.4. Sediment basin or trap.

15.2.5. Fiber rolls.

15.2.6. Street sweeping and vacuuming.

15.2.7. Sand bag or straw bale barrier.

15.2.8. Storm drain inlet protection.

15.2.9. Biofilter bags.

15.2.10 Wind erosion control by applying water suppressants.

15.2.11 Entrance/outlet tire wash or wash station for necessary equipment.

DRAW
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DRAWINGS
Project: Spare Substation Transformer Civil Construction

AB 626 - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] TEXT OF AB 626
XXXII. Assembly Bill No. 626
CHAPTER 810
An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.
[Approved by Governor September 29, 2016. Filed with Secretary of State September 29, 2016.]
LEGISLATIVE COUNSEL’S DIGEST
AB 626, Chiu. Public contracts: claim resolution.

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

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

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

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

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

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

AB 626 - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] By increasing the duties of local agencies and officials, this bill would impose a 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:

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

AB 626 - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) ”Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) ”Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each

AB 626 - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is

AB 626 - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

XXXIV. 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.

XXXV. 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.

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LINE TABLE CURVE TABLE PRECISE GRADING PLAN

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Notice of Exemption
To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678
Project Title: Spare Substation Transformer Project
Project Location(s): Sierra Vista Substation, 1550 Westbrook Boulevard (APN 499-010-063-000) and Fiddyment Substation, 6821 Fiddyment Road (APN 478-440-004-000), Roseville, CA 95747.

Project Description: Roseville Electric is proposing to make improvements to the Sierra Vista Substation and Fiddyment Substation to support enhanced reliability of the existing power supply.

The project would expand the substation transformer containment pit at Sierra Vista Substation to meet transformer oil containment requirements. At the Fiddyment Substation, the project would also add a new concrete pad to site a new spare transformer used only to support reliability of the existing power supply and would not result in an expansion of use or capacity. All proposed improvements would be sited entirely within the substation parcels.

Public Agency Approving Project: Roseville City Council Agency/Individual Carrying Out Project: Roseville Electric Utility Reason why this Project is Exempt: The project qualifies for a Class 1 Categorical Exemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines which states:
“Class 1 consists of the…minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use… Examples include, but are not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; [and] (b) Existing facilities of both investor and publicly owned utilities used to provide electrical power, natural gas, sewerage, or other public utility services…” The project consists of expanding the containment pit at the Sierra Vista Substation to meet oil containment requirements and the addition of a new concrete pad and spare transformer, to the Fiddyment Substation. The project would not result in expansion of use or capacity. Consequently, the Class 1 Categorical Exemption applies.

Lead Agency Contact Person: David Angel-Jimenez, Roseville Electric (916-774-5698).

Signature: Date: 2/5/2026
Jessica Lynch, Environmental Coordinator
City of Roseville

City Council
Communication
Meeting Date: 3/4/2026
Item #: VII.12
File #: 0800-03
Item ID: 2026-130
Title: Renewable Energy Transaction Confirmation and Credit Support Addendum - Amendments
Contact: Petra Wallace 916-774-5510 [email protected]

SUMMARY
Staff recommends approval of an amendment to the existing renewable agreement with Shell Energy North America, L.P. and to execute an updated Credit Support Annex. The contract amendment will increase the contract term by one year for a new term totaling 11.5 years, and increase the cost of the contract by $6,951,000, up to a total of $84,125,000 over the amended term of the contract. The updated Credit Support Annex with Shell Energy North America, L.P. will increase credit limits for both parties from $25,000,000 to $35,000,000, for high investment grade ratings, to reflect the higher total control authority.

Funding for the cost of the amendment will be included in the Electric Department's proposed FY2026-27 budget and contingent on the City Council's approval.

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt a resolution authorizing the City Manager to execute the First Amendment to Transaction Confirmation with Shell Energy North America, L.P.; and

2. Adopt a resolution authorizing the City Manager to execute the Second Amendment to WSPP Agreement Credit Support Addendum with Shell Energy North America, L.P.

BACKGROUND
The State of California’s Renewable Energy Portfolio Standard (RPS) legislation requires electric utilities to increase the amount of energy they receive from renewable sources to 60% by 2030. This amendment with Shell Energy North America, L.P. is an extension of a ten-and-a-half-year purchase of renewable energy and renewable energy credits that Roseville executed in September 2024 that was scheduled to start delivering renewable energy to Roseville in 2028. This amendment moves the delivery start a year earlier to January 2027, and provides up to 100,000 mega-watt hours (MWh) of renewable energy at a fixed price of $69.51 per MWh for this first year; otherwise, the terms for the remaining previously-executed

10.5 year contract remain the same. This earlier delivery will help Roseville meet its RPS requirements for the current compliance period 5 (2025-2027).

In addition, the updated Credit Support Annex with Shell Energy North America, L.P. will increase credit limits for both parties from $25,000,000 to $35,000,000, for high investment grade ratings, to reflect the higher total control authority.

FISCAL IMPACT
The total cost of the amendment is up to $6,951,000 and will increase the total authority of the contract to $84,125,000. Funding for the cost of the amendment will be included in the Electric Department's proposed FY2026-27 budget and contingent on the City Council's approval.

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

Approval of this contract meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS

6. Deliver exceptional City services

2. Remain fiscally responsible in a changing world
Respectfully Submitted,
Petra Wallace, Power Supply and Portfolio Administrator Daniel Beans, Electric Utility Director
ATTACHMENTS:

1. Resolution 26-047

2. First_Amendment_SENA_Roseville_Rev1.3_PE

3. Resolution 26-048

4. Second_Amendment_CSA_SENA_Roseville_Rev1_PE
REVIEWERS:

Petra Wallace, Electric Department - Resource Planning & Generation Created/Initiated - 2/11/2026 William Forsythe, Electric Department - All Approved - 2/13/2026 Shawn Matchim, Electric Department - All Approved - 2/13/2026 Daniel Beans, Electric Department - All Approved - 2/13/2026 Kelly Aye, City Attorney Department Approved - 2/17/2026 Katrina Six, City Clerk Department Approved - 2/18/2026 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 2/19/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 2/19/2026 Michelle Sheidenberger, City Attorney Department Approved - 2/19/2026 Dominick Casey, City Clerk Department Approved - 2/23/2026 Katrina Six, City Clerk Department Final Approval - 2/23/2026

RESOLUTION NO. 26-047

APPROVING A FIRST AMENDMENT TO TRANSACTION CONFIRMATION, BY AND

BETWEEN THE CITY OF ROSEVILLE AND SHELL ENERGY NORTH AMERICA (US), L.P., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF

THE CITY OF ROSEVILLE
WHEREAS, a First Amendment to Transaction Confirmation for Bundled RECs and Resource Adequacy Capacity Products, by and between the City of Roseville and Shell Energy North America (US), L.P., has been reviewed by the City Council; and

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

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

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk

FIRST AMENDMENT TO

TRANSACTION CONFIRMATION
Bundled RECs and
Resource Adequacy Capacity Products
THIS AMENDMENT TO TRANSACTION CONFIRMATION (“First
Amendment”) is made and entered into as of March 4, 2026 (the “Effective Date”), by and between Shell Energy North America (US), L.P. (“Shell Energy” or “Seller”) and City of Roseville, California (“Roseville” or “Buyer”). The parties to this Amendment are referred to herein together as the “Parties” and individually as a “Party.” Recitals:

WHEREAS, the Parties have previously entered into that certain Transaction Confirmation for Bundled RECs and Resource Adequacy Capacity Products (“Confirmation”) dated September 18, 2024, governed by the terms and conditions of the WSPP Agreement, version dated effective September 11, 2023, including, without limitation, Schedule C and Schedule R, as such may have been amended, modified or restated from time to time (collectively, the “Master Agreement”); and WHEREAS, the Parties have now agreed to amend certain provisions of the Confirmation.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Amendment of the Confirmation. Effective as of the Effective Date, the following provisions set forth in the Confirmation shall be and are hereby amended as follows:
(a) In the table on the first page of the Confirmation:
i. delete “Rick Kunz” and replace with “Courtney Anderson” ii. delete “503.504.9505” and replace with “858.210.2682” iii. delete “[email protected]” and replace with
“[email protected]”
(b) Delete the entire paragraph in Contract Price, and replace it with the following:
“The Contract Price for each MWh of Product delivered to Buyer is:

Product (a) - Firm Bundled RECs: $69.51/MWh.

Product (b) - RA Product: $3.99/MWh.”
(c) Delete the entire paragraph in Delivery Term, and replace it with the following:
“Firm Bundled RECs – The delivery term for Product (a) under this Confirmation shall commence January 1, 2027 and continue through June 30, 2039, inclusive (the “Delivery Term”) provided that the RECs attributable to the energy generated Docusign Envelope ID: 02E00F7D-C205-4D46-95C4-4364B37CF1F6

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2 during the Delivery Term but created after the Delivery Term shall be transferred to and paid for by Buyer in accordance with the terms of this confirmation. “RA Product – The delivery term for Product (b) under this Confirmation shall commence January 1, 2028 and continue through June 30, 2038.” (d) Delete the table in Exhibit B – Portfolio Projects in its entirety, and replace it with the following:

No. Name of Facility Fuel
Source Location CEC RPS ID WREGIS ID
1 Sandrini Sol 2 Solar CA 64277A W21518
2 Maverick Solar 7, LLC Solar CA 64332A W11822
3 SunZia Wind North LLC Wind NM 65970C TBD
4 SunZia Wind South LLC Wind NM 65971C TBD
5 Shell Portfolio Additions Various TBD TBD TBD

2. Representations. Each Party hereby represents and warrants to the other Party that:
(a) it has the full power and authority to execute and deliver this First Amendment and to perform all of its obligations hereunder; (b) its obligations under the Master Agreement, as amended hereby, constitute its legal, valid and binding obligations, enforceable in accordance with its respective terms (subject to applicable bankruptcy, reorganization, insolvency, moratorium or similar laws affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of general application (regardless of whether enforcement is sought in a proceeding in equity or at law)); and
(c) all representations contained in the Master Agreement, as amended, are true and accurate as of the date of this First Amendment and that such representations are deemed to be given or repeated by each Party, as the case may be, on the date of this First Amendment.

3. Miscellaneous.
(a) Definitions. Capitalized terms used and not otherwise defined herein shall have the meanings specified in the Master Agreement.
(b) Entire Agreement. This First Amendment constitutes the entire agreement and understanding of the Parties with respect to its subject matter and supersedes all oral communication and prior writings (except as otherwise provided herein) with respect Docusign Envelope ID: 02E00F7D-C205-4D46-95C4-4364B37CF1F6

(11) SENA/SENAC (050317)
3 thereto. Except as expressly set forth in this First Amendment, all other provisions of the executed Confirmation and the Master Agreement remain unchanged, in full force and effect, and shall be binding upon the Parties, their representatives, successors and assigns. (c) Counterparts. This First Amendment may be executed in as many counterparts as are necessary and all executed counterparts together shall constitute one and the same First Amendment. The electronic transmission of a signed original counterpart of this First Amendment and transmission, or re-transmission, of an electronically-signed counterpart shall be deemed to be the same as delivery of a signed original counterpart of this First Amendment. At the request of either Party, the Parties will confirm an electronically signed or transmitted counterpart by signing an original counterpart for delivery between them by mail or courier service; provided, however, a Party’s failure to so confirm such a counterpart shall not affect the validity and enforceability of this First Amendment. (d) Governing Law. This First Amendment shall be governed by and construed in accordance with the applicable law governing the Master Agreement.

IN WITNESS WHEREOF, the Parties have executed this First Amendment on the dates specified below with effect from the Effective Date.

CITY OF ROSEVILLE SHELL ENERGY NORTH
AMERICA (US), L.P.

By: By:

Name: Name:

Title: Title:

Date: Date:

Docusign Envelope ID: 02E00F7D-C205-4D46-95C4-4364B37CF1F6 Martina De Luca
Feb 11, 2026
Vice President West Sales and Origination

RESOLUTION NO. 26-048

APPROVING A SECOND AMENDMENT TO WSPP AGREEMENT CREDIT SUPPORT

ADDENDUM, BY AND BETWEEN THE CITY OF ROSEVILLE AND SHELL ENERGY NORTH AMERICA (US), L.P., AND AUTHORIZING THE CITY MANAGER TO EXECUTE

IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Second Amendment to WSPP Agreement Credit Support Addendum to increase credit limits, by and between the City of Roseville and Shell Energy North America (US), L.P, has been reviewed by the City Council; and

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

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

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk

SECOND AMENDMENT TO

WSPP AGREEMENT CREDIT SUPPORT ADDENDUM

THIS AMENDMENT TO WSPP AGREEMENT CREDIT SUPPORT
ADDENDUM (“Second Amendment”) is made and entered into as of March 3, 2026 (the “Effective Date”), by and between Shell Energy North America (US), L.P. (“Shell Energy” or “Seller”) and City of Roseville, California (“Roseville” or “Buyer”). The parties to this Amendment are referred to herein together as the “Parties” and individually as a “Party.”
Recitals:

WHEREAS, the Parties have previously entered into that certain WSPP Agreement Credit Support Addendum (“CSA”) dated October 6, 2010, as amended by the Amendment to WSPP Agreement Credit Support Addendum (“First Amendment”) dated September 18, 2024, as such may have been additionally amended, modified or restated from time to time (collectively, the “Master Agreement”); and WHEREAS, the Parties have now agreed to amend certain provisions of the Confirmation.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Amendment of the Confirmation. Effective as of the Effective Date, the following provisions set forth in the Master Agreement shall be and are hereby amended as follows:
(a) In Section (A)(a) Security Threshold,
i. Under Section (y), delete the Party or Credit Support Provider’s Credit Rating table in its entirety and replace it with the following:

Party or Credit Support Provider’s Credit Rating
S&P Credit Rating Moody’s Credit Rating Threshold Amount A- or above A3 or above $35,000,000
BBB+ Baa1 $30,000,000
BBB Baa2 $25,000,000
BBB- Baa3 $20,000,000
BB+ Ba1 $15,000,000
BB Ba2 $10,000,000
BB- Ba3 $5,000,000
Below BB- Below Ba3 $0

2. Representations. Each Party hereby represents and warrants to the other Party that:

Docusign Envelope ID: 7D5FF468-0D7F-499F-95F8-5B055A605094

(11) SENA/SENAC (050317)
2 (a) it has the full power and authority to execute and deliver this Second Amendment and to perform all of its obligations hereunder; (b) its obligations under the Master Agreement, as amended hereby, constitute its legal, valid and binding obligations, enforceable in accordance with its respective terms (subject to applicable bankruptcy, reorganization, insolvency, moratorium or similar laws affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of general application (regardless of whether enforcement is sought in a proceeding in equity or at law)); and
(c) all representations contained in the Master Agreement, as amended, are true and accurate as of the date of this Second Amendment and that such representations are deemed to be given or repeated by each Party, as the case may be, on the date of this Second Amendment.

3. Miscellaneous.
(a) Definitions. Capitalized terms used and not otherwise defined herein shall have the meanings specified in the Master Agreement.
(b) Entire Agreement. This Second Amendment constitutes the entire agreement and understanding of the Parties with respect to its subject matter and supersedes all oral communication and prior writings (except as otherwise provided herein) with respect thereto. Except as expressly set forth in this Second Amendment, all other provisions of the Master Agreement remain unchanged, in full force and effect, and shall be binding upon the Parties, their representatives, successors and assigns. (c) Counterparts. This Second Amendment may be executed in as many counterparts as are necessary and all executed counterparts together shall constitute one and the same Second Amendment. The electronic transmission of a signed original counterpart of this Second Amendment and transmission, or re-transmission, of an electronically-signed counterpart shall be deemed to be the same as delivery of a signed original counterpart of this Second Amendment. At the request of either Party, the Parties will confirm an electronically signed or transmitted counterpart by signing an original counterpart for delivery between them by mail or courier service; provided, however, a Party’s failure to so confirm such a counterpart shall not affect the validity and enforceability of this Second Amendment.
(d) Governing Law. This Second Amendment shall be governed by and construed in accordance with the applicable law governing the Master Agreement.

IN WITNESS WHEREOF, the Parties have executed this Second Amendment on the dates specified below with effect from the Effective Date.

Docusign Envelope ID: 7D5FF468-0D7F-499F-95F8-5B055A605094

(11) SENA/SENAC (050317)
3 CITY OF ROSEVILLE SHELL ENERGY NORTH
AMERICA (US), L.P.

By: By:

Name: Name:

Title: Title:

Date: Date:

Docusign Envelope ID: 7D5FF468-0D7F-499F-95F8-5B055A605094 Vice President West Sales and Origination
Feb 11, 2026
Martina De Luca

City Council
Communication
Meeting Date: 3/4/2026
Item #: VII.13
File #: 0800-03
Item ID: 2026-133
Title: Main Gas Supplier - Agreement Confirmation
Contact: Petra Wallace 916-774-5510 [email protected]

SUMMARY
Staff recommends approval of a three-year main gas supplier agreement with ConocoPhillips Company to provide natural gas balancing services to the City. The agreement supports the Electric Department's operation of its natural gas generating facilities by scheduling the daily natural gas deliveries for planned electricity production. The annual cost of the agreement is estimated to be approximately $30,000.

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

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Main Gas Supplier Agreement Confirmation with ConocoPhillips Company (Conoco), effective June 1, 2026 through May 31, 2029. Staff further requests that the City Manager or his designee be authorized to execute up to two (2) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.

BACKGROUND
To operate the Roseville Energy Park and Roseville's peaking power plants, the City purchases more than $25 million in natural gas annually. This gas is transported through the Pacific Gas and Electric (PG&E) pipeline system, which imposes operational balancing requirements that can result in significant penalties if scheduled volumes differ from actual daily usage. To mitigate this risk, smaller gas purchasers like the City participate in a supplier pool by executing a Main Gas Supplier Agreement with a large, experienced gas trading company. These companies provide greater operational flexibility, scheduling expertise, market access, and risk protection than the City could achieve independently.

Under the Agreement, the Main Gas Supplier manages Roseville’s natural gas supply by purchasing or selling gas based on operational needs and oversees the transportation and balancing of gas deliveries through the PG&E pipeline system. The Agreement establishes the terms and conditions under which Conoco will provide natural gas delivery and balancing services for the Roseville Energy Park, RPEAK, and the Sunset Energy Center (formerly Roseville Power Plant 2). All transactions will be executed pursuant to Roseville’s Energy Trading Authority Policy.

In December 2025, staff issued a Request for Proposals and received responses from seven qualified firms. Conoco’s proposal received the highest overall ranking based on the City’s evaluation criteria.

The proposed Agreement will be effective June 1, 2026, and may extend for up to five years, through May 31, 2031, including optional extensions. The Agreement includes a 120-day termination provision. This Agreement replaces the current Main Gas Supplier Agreement with Shell Energy North America L.P.,

authorized under City Council Resolution 24-197, which expires on May 31, 2026.

FISCAL IMPACT
The annual cost of the Agreement is estimated to be approximately $30,000. Funding is included in the Electric Department's FY 2025-26 budget in the Electric Fund. Future funding is contingent on the City Council's approval of the respective annual budgets.

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

Approval of this amendment meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS

2. Remain fiscally responsible in a changing world

6. Deliver exceptional City services
Respectfully Submitted,
Petra Wallace, Power Supply and Portfolio Administrator Daniel Beans, Electric Utility Director
ATTACHMENTS:

1. Resolution 26-043

2. Agreement Confirmation
REVIEWERS:

Petra Wallace, Electric Department - Resource Planning & Generation Created/Initiated - 2/11/2026 William Forsythe, Electric Department - All Approved - 2/11/2026 Shawn Matchim, Electric Department - All Approved - 2/13/2026 Daniel Beans, Electric Department - All Approved - 2/13/2026 Kelly Aye, City Attorney Department Approved - 2/17/2026 Katrina Six, City Clerk Department Approved - 2/18/2026 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 2/19/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 2/19/2026 Michelle Sheidenberger, City Attorney Department Approved - 2/19/2026 Dominick Casey, City Manager Department - City Manager Approved - 2/19/2026 Katrina Six, City Clerk Department Final Approval - 2/19/2026

RESOLUTION NO. 26-043

APPROVING A MAIN GAS SUPPLIER AGREEMENT CONFIRMATION, BY AND

BETWEEN THE CITY OF ROSEVILLE AND CONOCOPHILLIPS COMPANY, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF

THE CITY OF ROSEVILLE

WHEREAS, the Main Gas Supplier Agreement Confirmation for the sale and purchase of natural gas, by and between the City of Roseville and ConocoPhillips Company, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Contract is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute two (2) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.

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

Roseville_COP_Draft TC Jun26 - May29_Executable.docx

Date: February 12, 2026
Transaction Confirmation #: 5095847
This Transaction Confirmation between Seller and Buyer, (the “Confirmation”) is governed by the terms and conditions set forth in the 1992 ISDA Master Agreement (including the Schedule thereto, the Credit Support Annex, and the ISDA North American Gas Annex, dated as of November 24, 2009, (collectively, the “Base Contract”) , except as such provisions are expressly modified herein.

If any inconsistency exists between the provisions of the Base Contract and the terms specified in this Confirmation, then this Confirmation will prevail. The terms of this Confirmation will be binding upon execution of this Confirmation by both parties.

SELLER:

ConocoPhillips Company
16930 Park Row Drive (77084)
P.O. Box 2197, Spirit 1-20th Floor
Houston, TX 77252-2197
Attn: Contract Administration - Gas & Power
Phone: (281) 293-3196
Fax: (281) 293-6303
Email: [email protected]
Base Contract No. _____22254______________________
Transporter: _ Pacific Gas and Electric (“PG&E”)
Transporter Contract Number: _______________________
BUYER:

City of Roseville
311 Vernon Street
Roseville, CA 95678
Attn: _Power Supply Manager (or Settlements)_______
Phone: _(916) 774-5658_______
Email: [email protected]______
Base Contract No.

Transporter: __ Pacific Gas and Electric (“PG&E”)
Transporter Contract Number: _______________________
Definitions:

In addition to the terms defined in the Base Contract, the terms set forth below shall have the meaning ascribed to them below. “Contract Index” means the price published by S&P Global Platts Gas Daily for the applicable Gas Day under the headings “Final Daily Price Survey – Platts Locations ($/MMBtu)”, Southwest, PG&E CityGate. “Daily Estimation Deadline” means 6:30 am PPT on the Business Day that Platts Gas Daily collects pricing data to determine the midpoint price for the flow date(s).
“Daily Nominated Quantity” means, for each Day, the forecasted Daily Usage. “Daily Nomination Deadline” means 7:00 am PPT on the Business Day that Platts Gas Daily collects pricing data to determine the midpoint price for the flow date(s).
“Daily Usage” means the Facilities’ actual Gas usage, as metered by Transporter for each Day. “Facilities” means Buyer’s power generation facilities: Roseville Energy Park (Transportation ID: 7080034), Sunset Energy Center (previously known as Roseville Power Plant 2)(Transportation ID: 7090091), and RPEAK (Roseville Peakers)(Transportation ID:
7080034)
“Involuntary Diversion and Local Curtailment” means the mechanisms used by Transporter if deliveries to core customers, as classified by Transporter, are threatened due to supply and/or capacity shortages.

Operational Flow Order (“OFO”), Emergency Flow Order (“EFO”), or Curtailment of Standby Procurement Services (“CSPS”) means the mechanisms used by PG&E to protect the operational integrity of the pipeline by requiring Scheduled Gas and Daily Usage to be within a specified daily tolerance.
“PPT” means standard time or daylight savings time, as applicable to the Pacific Time Zone.

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Delivery Period: Begin: June 1, 2026 End: May 31, 2029
Thereafter, the Delivery Period may be extended for up to two (2) successive one (1) year terms upon mutual written agreement of Seller and Buyer no later than six (6) Months prior to the expiration of the then current Delivery Period.

Either Buyer or Seller may terminate at any time, if at least six (6) Months’ written notice is provided to the other party, with such termination being effective as of the last day of the Month of the applicable Delivery Period.

Performance Obligation and Contract Quantity: On a Firm basis, Seller agrees to deliver and sell, and Buyer agrees to receive and purchase, one hundred percent (100%) of Buyer’s Gas requirements for the Facilities, as metered by Transporter, less any Gas supply contracted by Buyer outside of this Confirmation (“Buyer Self-Supply”).

Delivery Point(s): PG&E Citygate
Contract Price:

1. Daily Quantity Price: The “Daily Quantity” means, for each Day, the sum of the Buyer Self-Supply minus the Daily Nominated Quantity, each as provided by Buyer by the Daily Nomination Deadline. When the Daily Quantity is negative, Buyer will purchase such quantity from Seller at the Contract Index Midpoint minus $0.01 per MMBtu, and when the Daily Quantity is positive, Buyer will sell such quantity to Seller at the Contract Index Midpoint minus $0.01 per MMBtu; provided that Buyer and Seller may mutually agree upon a fixed price alternative price prior to the Daily Nomination Deadline for next Day or balance of the Month.

The Daily Quantity shall be constant for all flow Days subject to a single Platts Gas Daily Midpoint price.

2. Late/Intraday/Non-Ratable Price: The “Late/Intraday/Non-Ratable Quantity” is that quantity nominated after the Daily Nomination Deadline or that quantity elected that is not constant for all flow Days subject to a single Platts Gas Daily Midpoint price. The Late/Intraday/Non-Ratable Quantity Price will be determined promptly following notification of the Late/Intraday/NonRatable Quantity election.

3. Negotiated Price: Buyer may request Seller to provide a price (which may be (i) index based, (ii) a Fixed Price, or (iii) a fixed basis) for a portion of its estimated consumption for a term equal to or less than the Delivery Period. If Buyer accepts the price quoted by Seller, or the parties agree on any other price, the agreement to such price, and the quantity and term will be confirmed pursuant to the Base Contract, and the performance obligations of the parties thereunder shall be Firm.

4. Daily Imbalance Price: The “Daily Imbalance Quantity” for each Day is the positive or negative sum of the Daily Nominated Quantity for such Day minus the Daily Usage for that same Day. The Daily Imbalance Quantity will be priced, per MMBtu, as follows:
(a) Positive Daily Imbalance Quantity (Daily Nominated Quantity greater than Daily Usage) (i) Each Day, that portion of the positive Daily Imbalance Quantity to be priced at the Contract Index Midpoint minus $0.01 per MMBtu will be the more restrictive of: (1) five (5%) percent of the Daily Usage: or, (2) the percent tolerance specified by Transporter due to a high OFO, if applicable, of the Daily Usage. (ii) Each Day, that portion of the positive Daily Imbalance Quantity that exceeds the applicable tolerance determined in accordance with paragraph 4(a)(i), if any, will be priced at the lower of: (1) the Contract Index Common low for the Day the imbalance was incurred or (2) the next posted Contract Index Common low for the Trade Date following the Day the imbalance was incurred. “Trade Date” will have the meaning as ascribed by Platts Gas Daily.
(b) Negative Daily Imbalance Quantity (Daily Nominated Quantity less than Daily Usage) (i) Each Day, that portion of the negative Daily Imbalance Quantity to be priced at the Contract Index Midpoint will be the more restrictive of: (1) negative five (5%) percent of the Daily Usage: or, (2) the percent tolerance specified by Transporter due to a low OFO, if applicable, of the Daily Usage. (ii) Each Day, that portion of the negative Daily Imbalance Quantity that exceeds the applicable tolerance determined in accordance with paragraph 4(b)(i), if any, will be priced at the higher of: (1) the Contract Index Common high for the Day the imbalance was incurred or (2) the next posted Contract Index Common high for the Trade Date following the Day the imbalance was incurred.

5. Metered Volume Adjustment Price: The “Metered Volume Adjustment” is that quantity which results from Transporter revising the Daily Usage after the eleventh (11th) Business Day following the Month of delivery. The Metered Volume Adjustment quantity is determined by subtracting the revised Daily Usage from the original Daily Usage. Notwithstanding anything in the Base

Roseville_COP_Draft TC Jun26 - May29_Executable.docx

Contract to the contrary, any Metered Volume Adjustment will be subject to Transporter’s time period limitations per Transporter’s Tariff. The Metered Volume Adjustment will be priced, on a MMBtu basis, at NGI’s Bidweek Survey, Spot Gas Prices for PG&E Citygate (avg) under the designation California for the Month following the Month Seller receives notification of the revision to the Daily Usage via Transporter’s transportation invoice(s) and the imbalance statement(s).

Special Conditions:

1. Scheduling, Notifications, and Reporting:
(a) Seller will schedule the Buyer Self-Supply from the Delivery Point to the Facilities on behalf of Buyer. (b) Buyer shall provide Seller, on or before the Daily Estimation Deadline, an estimate of the Daily Nominated Quantity and Buyer Self‑Supply, in MMBtu. Buyer may revise and shall finalize such estimate at any time up to the Daily Nomination Deadline. After the Daily Nomination Deadline, Buyer will notify Seller of any material changes to the Daily Nominated Quantity as soon as practicable via email to [email protected]. (c) Buyer will inform Seller of any operational issues and planned outages that may have a material impact on the Daily Nominated Quantity. Each planned outage will be communicated to Seller no later than seven (7) Business Days prior to the beginning of the Month of such planned outage. Each operational issue will be communicated to Seller as soon as practicable.
(d) If Buyer or Seller receives notice from Transporter of an Involuntary Diversion or Local Curtailment of Gas, then it will immediately communicate such notice to the other party to this Confirmation. Seller shall bear no responsibility for any costs and penalties associated with an Involuntary Diversion or Local Curtailment by Transporter.

2. Balancing and Penalties:
(a) Buyer has appointed Seller to act as Buyer’s “Nominating Marketer” and “Balancing Agent” (each as defined by Transporter) for nominations and balancing of Gas to be delivered to Buyer’s Facility under the terms of this Confirmation. As such, Seller assumes the risk for imbalances and penalties including penalties resulting from an OFO and/or EFO so long as Buyer communicates usage accurately and within the nomination deadline. Should penalties be assessed by Transporter because of Buyer’s failure to provide such timely and/or accurate information, Buyer will fully reimburse Seller for all such penalties. (b) If Transporter invokes an OFO and/or EFO, then Seller shall provide Buyer timely notice of the applicable OFO and/or EFO affecting Buyer’s Facility, and Buyer will provide timely notification to Seller of any nomination changes necessary to comply with the balancing tolerance prescribed by Transporter. Buyer and Seller will document notification of any OFO and/or EFO and corresponding nomination changes via email. Should Seller fail to either provide Gas supply and/or make the nomination changes requested by Buyer, Seller will be responsible for resulting penalties assessed by Transporter. However, if Buyer fails to provide timely notification of changes required or if requested changes result in non-compliance, Buyer will be responsible for resulting penalties assessed by Transporter and reimburse Seller. (c) Seller will waive up to twenty-five thousand dollars ($25,000) of OFO, EFO or CSPS penalties incurred because of the action or inaction of Buyer during each successive twelve-Month (12) period of the Delivery Period.

3. Billing: All Gas sold under this Confirmation will be billed on an as-used basis as metered by Transporter. Seller will invoice Buyer each Month for the Monthly Payment Obligation of the preceding Month. The applicable fee(s) and charge(s) to be paid by Buyer in connection with Buyer’s Facility will be detailed in a support spreadsheet provided by Seller to Buyer each Month.

4. Involuntary Diversion & Local Curtailments: If either Seller or Buyer receives notice from Transporter of an Involuntary Diversion or Local Curtailment that affects Gas deliveries to Buyer’s Facility in accordance with the terms of this Confirmation, then it will immediately notify the other party to this Confirmation of such notice. Seller shall bear no responsibility for any costs associated with an Involuntary Diversion or Local Curtailment.

5. Intrastate Transportation: Seller will deliver the Gas pursuant to Buyer’s gas transportation service agreement with Transporter (the “PG&E Gas Transportation Agreement”). Seller shall not be liable for any curtailments under such PG&E Gas Transportation Agreement. Buyer is responsible for all PG&E Gas Transportation Agreement costs from the Delivery Point to Buyer’s Facility.

6. No Modification of Rights Under Base Contract: This Confirmation does not constitute an amendment, waiver or modification of the Base Contract and neither party waives any rights it may have under the Base Contract, including but not limited to, any rights related to any pricing or balancing disputes, except as expressly provided in the Confirmation.

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7. Utility User’s Tax: Unless stated otherwise herein, to the extent required and/or permissible, including allowable pre-payment, under the applicable statute, ordinance, or other applicable law, Buyer will directly self-remit to the appropriate taxing authority any Utility User’s Tax (“UUT”) related to the Gas purchase under this Confirmation. It is Buyer’s responsibility to determine if it is required or allowed to self-remit the UUT and to notify Seller of any changes that would prevent Buyer from self-remitting the UUT. If payment of the UUT by Buyer is not permissible, Seller will collect the UUT from Buyer and remit to the appropriate taxing authority. Any late fees or penalties assessed by the taxing authority will be Buyer’s sole responsibility and Buyer will reimburse Seller if Seller incurs any such late fees or penalties unless such late fees and penalties are attributable to Seller, in which case Seller shall be responsible for such late fees and penalties.

At the date of this Confirmation, Buyer does not require Seller to collect and remit UUT.

8. Regulatory Change: If any law or regulation affecting the economic interests of a party to this Confirmation changes so as to substantially change the benefits of this transaction to such party (“Affected Party”), Buyer and Seller shall use commercially reasonable endeavors to negotiate provisions within sixty (60) Days of the effective date of such change in law or regulation so as to restore the original economic value of Buyer’s and Seller’s obligations hereunder. If an agreement cannot be reached between the parties on replacement provisions within such sixty (60) Day period, the Affected Party will have the right to terminate this Confirmation with at least sixty (60) Days’ Notice given within one hundred and twenty (120) Days after the effective date of the change in law or regulation. Upon an early termination due to a regulatory change, the affected transaction will be subject to the liquidation and other applicable provisions of Section 6 of the Base Contract, with the non-Affected Party acting as the Non-Defaulting Party.

ConocoPhillips Company (SELLER)
By:

Name: Jennifer Vaughn
Title: Manager, West
Date: February 12, 2026
City of Roseville (BUYER)
By:

Name:

Title:

Date:

City Council
Communication
Meeting Date: 3/4/2026
Item #: VII.14
File #: 0704-01-01
Item ID: 2026-120
Title: JM-51 Park Project - Approve Plans and Specifications and Authorize Staff to Call for Bids Contact: Joel De Jong 916-774-5924 [email protected]

SUMMARY
Staff recommends City Council approval of the plans and specifications for the JM-51 Park Project and authorize staff to call for bids. The project scope includes grading and utilities, a playground, shaded picnic area, walking paths, turf area, planting and irrigation. The project is estimated to cost $715,000 for the base bid and will be funded by the JM-51 Neighborhood Park project budget in the Neighborhood Park - Sierra Vista Fund.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the plans and specifications for the JM-51 Park Project; and

2. Authorize staff to call for bids.

BACKGROUND
JM-51 Park is a 2.6-acre neighborhood park is located at Shimmer Falls Drive and Lakehaven Drive in Sierra Vista. This park backs up to an open space area. The master plan for this park was approved by the City Council on June 18, 2025. Amenities planned for the park include a playground, shaded picnic area, walking paths, turf area, planting and irrigation. Additive alternates have been identified for budget purposes to allow for “menu style” bidding, and include a half-court basketball court, additional turf and irrigation, sod in lieu of seeded turf, and additional concrete pathways. Bids are scheduled to be opened later in March 2026. Staff plans to return to Council in May to seek approval to award the project.

The architect’s estimate for construction for the base bid is $715,000.

FISCAL IMPACT
Funding for construction of this park was included in the FY2025-26 capital improvement project (CIP) budget in the JM-51 Neighborhood Park project in the Neighborhood Park - Sierra Vista Fund.

Maintenance costs will be approximately $16,000/acre/year and will be funded by the Sierra Vista Community Facilities District No. 2 (Public Services). There will be no General Fund impact.

ENVIRONMENTAL REVIEW
Development of the JM-51 Neighborhood Park master plan was previously evaluated in the Sierra Vista Specific Plan EIR (certified May 5, 2010, SCH No. 2008032115) and identified in the associated Sierra Vista Specific Plan. As proposed, construction of the JM-51 Park is within the scope of the project covered by the SVSP Final EIR. As discussed in the Specific Plan EIR, the EIR provides environmental analyses of community infrastructure and facilities, including parks, pedestrian bridges, and bike trails, to the extent applicable. Because the project is consistent with the SVSP Final EIR and Specific Plan, no new effects would be expected to occur and all applicable mitigation measures from the SVSP EIR will be

implemented during the design and construction of the JM-51 Park. The proposed project meets the requirements identified in Section 15183 of the State CEQA Guidelines, therefore, no additional CEQA review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS

1. Ensure a safe and healthy community

2. Remain fiscally responsible in a changing world

4. Invest in well-planned infrastructure and growth

6. Deliver exceptional City services
Respectfully Submitted,
Joel De Jong, Park Development Project Manager
Jill Geller, Parks Recreation and Libraries Director
ATTACHMENTS:

1. Vicinity Map

2. Project Manual

3. Plans
REVIEWERS:

Joel De Jong, Parks, Recreation, and Libraries Department - Park Development
Created/Initiated -
2/10/2026
Tara Gee, Parks, Recreation, and Libraries Department - Park Development Approved - 2/11/2026 Jill Geller, Parks, Recreation, and Libraries - All Approved - 2/13/2026 Kelly Aye, City Attorney Department Approved - 2/17/2026 Katrina Six, City Clerk Department Approved - 2/17/2026 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 2/17/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 2/17/2026 Michelle Sheidenberger, City Attorney Department Approved - 2/18/2026 Dominick Casey, City Manager Department - City Manager Approved - 2/18/2026 Katrina Six, City Clerk Department Final Approval - 2/19/2026