The volume to be paid for will be calculated on the basis of the dimensions shown on the plans adjusted by the amount of any change ordered by the Engineer. No allowance will be made for concrete pavement placed outside those dimensions unless otherwise ordered by the Engineer.
Full compensation for the pavement test section as required by these specifications shall be considered as included in the contract price paid for other items of work and no additional compensation will be allowed.
The Contract unit price paid per cubic yard for Roller Compacted Concrete & Roller Compacted Concrete with Admixtures shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all Work involved in constructing Roller Compacted Concrete & Roller Compacted Concrete with Admixtures, complete in place, including but not limited to mixing, admixture, hauling, placement, compaction, finishing, curing, sawing concrete, cleaning and sealing concrete joints, furnishing and placing all expansion joints, sawed joints, construction joints, joint sealants, other type required joints, or load bearing devices, test panels, quality control testing, and repair of any damage or deficiencies, as shown on the drawings, as specified in these specifications and as directed by the Engineer. All pavement accepted by the Engineer will be paid at the Contract unit price for this Item, except for lots requiring price adjustments for deficiencies.
The Contract unit price paid per square yard for Trowel and Broom Finish Concrete Pavement shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in finishing the concrete pavement, complete in place, as shown on the drawings, as specified in these specifications and as directed by the Engineer.
The Engineer adjusts payment for each primary area deficient in average thickness in compliance with the following:
Pay Adjustments for Deficient Thickness
Average Thickness
Deficiency (foot)
Deficiency
Adjustment ($/sq yd)
0.01 0.90
0.02 2.30
0.03 4.10
0.04 6.40
0.05 9.11
If the average thickness deficiency is less than 0.01 foot, the Engineer does not adjust payment for thickness deficiency. If the average thickness deficiency is more than 0.01 foot, the Engineer rounds to the nearest 0.01 foot and uses the adjustment table.
Full compensation for core drilling and backfilling the cores ordered by the Engineer for measuring concrete pavement thickness and determining full-depth cracks is included in the contract price paid per cubic yard for concrete pavement and no additional compensation will be allowed therefor. The Department does not pay for additional concrete pavement thickness measurements requested by the Contractor.
The Department does not pay for the portion of concrete that penetrates treated permeable base.
Full compensation for the quality control plan is included in the contract price paid per cubic yard for concrete pavement and no separate payment will be made therefor.
Full compensation for furnishing and applying asphaltic emulsion on cement treated permeable base is included in the contract price paid per cubic yard for concrete pavement and no separate payment will be made therefor.
Full compensation for repairing joints is included in the contract price paid per cubic yard for concrete pavement and no separate payment will be made therefor.
Full compensation for furnishing, calibrating, and operating profilograph equipment for Profile Index, for submitting profilograms, and for performing corrective work is included in the contract price paid per cubic yard for concrete pavement and no separate payment will be made therefor.
Full compensation for removing and replacing slabs is included in the contract price paid per cubic yard for concrete pavement and no separate payment will be made therefor.
Full compensation for drilling holes and bonding tie bars with chemical adhesive is included in the contract price paid per cubic yard for concrete pavement and no additional compensation will be allowed therefor.
Full compensation for repairing damage caused by operating paving equipment on new concrete pavement is included in the contract price paid per cubic yard for concrete pavement and no separate payment will be made therefor.
The material and work necessary for the construction of crossings for public convenience, and their subsequent removal and disposal, will be paid for at the contract prices for the items of work involved and if there are no contract items for the work involved, payment for concrete pavement crossings will be made by extra work as specified in Section 4-1.03D, "Extra Work." Work involved in maintaining public convenience shall be compensated as specified in section 40-3.15.
Full compensation for performing concrete pavement smoothness tests, furnishing the electronic files to the Engineer, and for performing corrective work is included in the contract price paid per cubic yard for the type of concrete pavement and no additional compensation will be allowed therefor. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION VI STRUCTURES
47 EARTH RETAINING SYSTEMS
Add to section 47-2.01A:
You may use an alternative earth retaining system for the mechanically stabilized embankment at RW1 or RW2. The alternative system must comply with section 47-6.
Add to section 47-2.02C:
Structure backfill for mechanically stabilized embankment must comply with the requirements shown in the following table:
Quality characteristic Test method Requirement
Resistance (R-value, min) California Test 301 35
Add to section 47-6.01A:
The alternative earth retaining system must be one of the systems shown in the following table:
Web site/e-mail Address Telephone no.
Reinforced Earth – 5 ft
cruciform
(Steel strap soil
reinforcement with 5 ft
cruciform concrete face
panels)
http://www.reinforcedearth.com THE REINFORCED EARTH
COMPANY
1660 HOTEL CIR N STE 304
SAN DIEGO CA 92108-2803
(619) 688-2400
Reinforced Earth – 5 ft
square
(Steel strap soil
reinforcement with 5 ft
square concrete face
panels)
http://www.reinforcedearth.com THE REINFORCED EARTH
COMPANY
1660 HOTEL CIR N STE 304
SAN DIEGO CA 92108-2803
(619) 688-2400
Retained Earth
(Steel mesh soil
reinforcement with 5 ft
square concrete face
panels)
http://www.reinforcedearth.com THE REINFORCED EARTH
COMPANY
1660 HOTEL CIR N STE 304
SAN DIEGO CA 92108-2803
(619) 688-2400
MSE Plus – 5 ft square
(Steel mesh soil
reinforcement with 5 ft
square concrete face
panels)
http://www.mseplus.com SSL
4740 SCOTTS VALLEY DR
STE E 209
SCOTTS VALLEY CA 95066-
4240
(831) 430-9300
MSE Plus – 5 by 6 ft
(Steel mesh soil
reinforcement with 5 ft
high by 6 ft wide concrete
face panels)
http://www.mseplus.com SSL
4740 SCOTTS VALLEY DR
STE E 209
SCOTTS VALLEY CA 95066-
4240
(831) 430-9300
ARES – 9 by 5 ft
(Geogrid soil
reinforcement with 9 ft
wide by 5 ft high concrete
face panels)
http://www.tensarcorp.com TENSAR INTERNATIONAL
CORPORATION
2500 NORTHWIND PKWY STE
500
ALPHARETTA GA 30009-2247
(770) 344-2000
Landmark Reinforced Soil
Wall System
(Geogrid soil
reinforcement with
modular concrete block
facing at a 4 degree
batter)
[email protected] ANCHOR WALL SYSTEMS
INC
2525 COSTERO
MAGESTUOSO
SAN CLEMENTE CA 92673-
6424
(949) 363-6663
KeySystem 1
(Steel wire grid soil
reinforcement with a
modular concrete block
facing.)
http://www.keystonewalls.com KEYSTONE RETAINING WALL
SYSTEMS
4444 W 78TH ST
MINNEAPOLIS MN 55435-
5406
(952) 897-1040
Mesa Retaining Wall
System
(Geogrid soil
reinforcement with
modular concrete block
facing at a 4 degree batter
or vertical.)
http://www.tensarcorp.com TENSAR INTERNATIONAL
CORPORATION
2500 NORTHWIND PKWY STE
500
ALPHARETTA GA 30009-2247
(770) 344-2000
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
48 TEMPORARY STRUCTURES
Add to section 48-2.01C(2):
The review time for shop drawings for specific structures or portions of structures is shown in the following table:
Structure or portion of structure Total review time
Br. No. 19C-0281 Bent 2 and Bent
3 Columns and Bent Cap
65 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
49 PILING
Add to section 49-1.03:
Expect difficult pile installation due to the conditions shown in the following table:
Pile location
Bridge no. Support location Conditions
Br. No.
19C0281
Abutment 1 and
Abutment 4
Varying layers of very dense and sometimes
cemented soils as well as presence of soils that
exhibit strong cementation. Variable drilling
conditions may include alternating between soft
and hard drilling techniques.
Add to section 49-3.02B(6)(c):
The synthetic slurry must be one of the materials shown in the following table:
Material Manufacturer
SlurryPro CDP KB INTERNATIONAL LLC
735 BOARD ST STE 209
CHATTANOOGA TN 37402
(423) 266-6964
Super Mud PDS CO INC
105 W SHARP ST
EL DORADO AR 71731
(870) 863-5707
Shore Pac GCV CETCO CONSTRUCTION DRILLING PRODUCTS
2870 FORBS AVE
HOFFMAN ESTATES IL 60192
(800) 527-9948
Terragel or Novagel
Polymer
GEO-TECH SERVICES LLC
220 N. ZAPATA HWY STE 11A-449A
LAREDO TX 78043
(210) 259-6386
BIG FOOT MATRIX CONSTRUCTION PRODUCTS
50 S MAIN ST STE 200
NAPERVILLE IL 60540
(877) 591-3137
POLY-BORE BAROID INDUSTRIAL DRILLING PRODUCTS
3000 N SAM HOUSTON PKWY EAST
HOUSTON TX 77032
(877) 379-7412
Use synthetic slurries in compliance with the manufacturer's instructions. Synthetic slurries shown in the above table may not be appropriate for a given job site.
Synthetic slurries must comply with the Department's requirements for synthetic slurries to be included in the above table. The requirements are available from the Offices of Structure Design, P.O. Box 168041, MS# 9-4/11G, Sacramento, CA 95816-8041.
SlurryPro CDP synthetic slurry must comply with the requirements shown in the following table:
SlurryPro CDP
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf) ≤ 67.0a
Before final cleaning and immediately
before placing concrete (pcf)
≤ 64.0a
Viscosity Marsh funnel and cup.
During drilling (sec/qt) API RP 13B-1, section 6.2 50–120 Before final cleaning and immediately
before placing concrete (sec/qt)
≤ 70
pH Glass electrode pH meter
or pH paper
6.0–11.5
Sand content, percent by volume Sand,
Before final cleaning and immediately API RP 13B-1, section 9 before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. a
If authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
Super Mud synthetic slurry must comply with the requirements shown in the following table:
Super Mud
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf) ≤ 64.0a
Before final cleaning and immediately
before placing concrete (pcf)
≤ 64.0a
Viscosity Marsh funnel and cup.
During drilling (sec/qt) API RP 13B-1, section 6.2 32–60 Before final cleaning and immediately
before placing concrete (sec/qt)
≤ 60
pH Glass electrode pH meter
or pH paper
8.0–10.0
Sand content, percent by volume Sand,
Before final cleaning and immediately API RP 13B-1, section 9 before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. a
If authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
Shore Pac GCV synthetic slurry must comply with the requirements shown in the following table:
Shore Pac GCV
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf) ≤ 64.0a
Before final cleaning and immediately
before placing concrete (pcf)
≤ 64.0a
Viscosity Marsh funnel and cup.
During drilling (sec/qt) API RP 13B-1, section 6.2 33–74 Before final cleaning and immediately
before placing concrete (sec/qt)
≤ 57
pH Glass electrode pH meter
or pH paper
8.0–11.0
Sand content, percent by volume Sand,
Before final cleaning and immediately API RP 13B-1, section 9 before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. a
If authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
Terragel or Novagel Polymer synthetic slurry must comply with the requirements shown in the following table:
Terragel or Novagel Polymer
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf) ≤ 67.0a
Before final cleaning and immediately
before placing concrete (pcf)
≤ 64.0a
Viscosity Marsh funnel and cup.
During drilling (sec/qt) API RP 13B-1, section 6.2 45–104 Before final cleaning and immediately
before placing concrete (sec/qt)
≤ 104
pH Glass electrode pH meter
or pH paper
6.0–11.5
Sand content, percent by volume Sand,
Before final cleaning and immediately API RP 13B-1, section 9 before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. a
If authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
BIG-FOOT synthetic slurry must comply with the requirements shown in the following table:
BIG-FOOT
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf) ≤ 64.0a
Before final cleaning and immediately
before placing concrete (pcf)
≤ 64.0a
Viscosity Marsh funnel and cup.
During drilling (sec/qt) API RP 13B-1, section 6.2 30–125 Before final cleaning and immediately
before placing concrete (sec/qt)
55-114
pH Glass electrode pH meter
or pH paper
8.5–10.5
Sand content, percent by volume Sand,
Before final cleaning and immediately API RP 13B-1, section 9 before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. a
If authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
POLY-BORE synthetic slurry must comply with the requirements shown in the following table:
POLY-BORE
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf) 62.8-65.8a
Before final cleaning and immediately
before placing concrete (pcf)
62.8-64.0a
Viscosity Marsh funnel and cup.
During drilling (sec/qt) API RP 13B-1, section 6.2 50–80 Before final cleaning and immediately
before placing concrete (sec/qt)
50-80
pH Glass electrode pH meter
or pH paper
7.0–10.0
Sand content, percent by volume Sand,
Before final cleaning and immediately API RP 13B-1, section 9 before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. a
If authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
51 CONCRETE STRUCTURES
Add to the list in the 2nd paragraph of section 51-1.01A:
8. Drainage inlets
Add to section 51-1.01A:
The concrete at concrete barriers and wingwalls must be integrally pigmented colored concrete. The color must match color no. C-16 Winter Beige by LM Scofield.
The concrete at stamped concrete median must be integrally pigmented colored concrete. The color must match color no. Schooner Beige by LM Scofield.
Add to the list in the 6th paragraph of section 51-1.01A:
7. Drainage inlets
Add to section 51-1.01A:
Drop inlet (Type C) must comply with City of Roseville Design Standards DR-1, DR-9, and DR-20, and section 101 of City of Roseville Construction Standards.
Drop inlet (Type F) must comply with City of Roseville Design Standard DR-3 and section 101 of City of Roseville Construction Standards.
Iron and steel items used for inlet metal plate cover, frame and grate must comply with section 75-2.
Replace the 2nd paragraph of section 51-1.01C(1) with:
Submit a deck placement plan for concrete bridge decks. Include in the placement plan your method and equipment for ensuring that the concrete bridge deck is kept damp by misting immediately after finishing the concrete surface.
Add to section 51-1.02B:
Concrete for concrete bridge decks must contain polymer fibers. Each cubic yard of concrete must contain at least 1 pound of microfibers and at least 3 pounds of macrofibers.
Concrete for concrete bridge decks must contain a shrinkage reducing chemical admixture. Each cubic yard of concrete must contain at least 3/4 gallon of a shrinkage reducing admixture. If you use the maximum dosage rate shown on the Authorized Material List for the shrinkage reducing admixture, your submitted shrinkage test data does not need to meet the shrinkage limitation specified.
Add to section 51-1.03C(2)(c)(i):
You must use permanent steel deck forms for the deck slabs between the girders of Roseville Pkwy Overhead on span 2. You may use permanent steel deck forms for the deck slabs between the girders of Roseville Pkwy Overhead on spans 1 and 3.
Add to section 51-1.01B:
Architectural treatment: concrete surface texture.
Add to section 51-1.03G(1):
Concrete surface textures listed below are required at concrete surfaces as shown on the plans:
1. Architectural treatment
Add to last paragraph of section 51-1.03G(2):
Architectural treatment must be a Class 1 finish.
Add to the second paragraph of section 51-1.03G(1):
Test panels for concrete surface textures shall use approved integral color mix design when applicable.
Add to section 51-1.03G(1):
The rock texture concrete surface texture at Roseville Parkway Overhead Br. No. 19C0281 must match the texture, and pattern of the model/style #17067 Kentucky Drystack available for inspection by bidders at Fitzgerald Formliners, 714-547-6710. The rock texture concrete surface texture must be stained in a varied pattern to mimic the natural tonal discoloration of natural stone. The stain must be Lithochrome Chemstain (or approved equal) and must match the model/style # CS-14 Dark Walnut available for inspection by bidders at LM Scofield.
The bent cap end treatment concrete surface texture at Roseville Parkway Overhead Br. No. 19C0281 must match the pattern of the referee sample # Q-1857 available for inspection by bidders at Fitzgerald Formliners, 714-547-6710.
The stamped concrete surface texture at Roseville Parkway Overhead Br. No. 19C0281 must match the texture, and pattern of the model/style Bavarian Castle Stone available for inspection by bidders at Matcrete, 800-777-7063. The stamped concrete surface texture must be stained in a varied pattern to mimic the natural tonal discoloration of natural stone. The stain must be Lithochrome Antiquing Release Pro (or approved equal) and must match the model/style # A-25 La Crescenta Brown available for inspection by bidders at LM Scofield.
The fractured fin finish concrete surface texture at Roseville Parkway Overhead Br. No. 19C0281 must match the texture, and pattern of model/style # 18015 Coastal Fin available for inspection by bidders at Fitzgerald Formliners, 714-547-6710.
The bridge stamp concrete surface texture at Roseville Parkway Overhead Br. No. 19C0281 must match the texture, of the referee sampleavailable for inspection by bidders at the existing Oak Ridge Drive Bridge over Linda Creek (Bridge No. 19C-0278).
Replace the 2nd paragraph of section 51-1.03H with:
Cure the top surface of bridge decks by (1) misting and (2) the water method using a curing medium under section 90-1.03B(2). After strike off, immediately and continuously mist the deck with an atomizing nozzle that forms a mist and not a spray. Continue misting until the curing medium has been placed and the application of water for the water method has started. At the end of the curing period, remove the curing medium and apply curing compound on the top surface of the bridge deck during the same work shift under section 90-1.03B(3). The curing compound must be curing compound no. 1.
Delete the 4th paragraph of section 51-1.03H.
Add to section 51-1.04:
The payment quantity for Architectural Treatment does not include the area of rock texture on the concrete barriers or the area of stamped concrete on the concrete median.
Add to section 51-4.03B:
Except for box girders and double T girders, provide temporary lateral bracing for girders over UPRR and Industrial Ave. Install bracing at each end of the girder segments and at the midspan. Bracing must be in place before releasing erection equipment and must remain in place until 48 hours after concrete diaphragms are placed.
Design temporary bracing to prevent overturning and resist the lateral pressures shown in the following table:
Structure height, H (feet above ground) Lateral pressurea (psf)
0 < H ≤ 30 15
30 < H ≤ 50 20
50 < H ≤ 100 25
H > 100 30
aApply the lateral pressure at the top of the girder in either direction.
Replace section 51-7.01A with:
51-7.01A GENERAL
Section 51-7 includes specifications for constructing minor structures.
Minor structures include:
1. Pipe culvert headwalls and endwalls for a pipe with a diameter less than 5 feet
2. Drainage inlet per City of Roseville Standards
3. Other structures described as minor structure
Replace section 51-7.01D with:
The price per each shall include all work and materials necessary to furnish and install inlets and manholes as detailed in the Specifications, Plans, and as directed by the Engineer. The price shall be full compensation for installing inlets and manholes, complete in place, including all excavation, backfill, metal frames, covers, frames, grates, and any other miscellaneous metal.
The PER EACH price for “Drain Inlet (Type C)” and “Drain Inlet (Type F)” shall be full compensation for all labor, equipment, tools, and incidentals to complete each item. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
52 REINFORCEMENT
Add to section 52-1.04:
Payment for steel reinforcement used for various types of drainage inlets is included in the payment for various types of drainage inlets involved.
Payment for steel reinforcement used for drainage manhole is included in the payment for drainage manhole.
Replace section 52-4 with:
52-4 ELECTRIC-RESISTANCE WELDED STIRRUPS FOR CONCRETE BARRIER REINFORCEMENT CAGES
52-4.01 GENERAL
52-4.01A Summary
Section 52-4 includes specifications for welding longitudinal support wire to stirrups using electricresistance welding (ERW) to partially fabricate reinforcing cages for concrete barriers.
Electric-resistance welded supports may be used only for concrete barrier stirrups on structures.
You may use ERW to weld support wire to no.5 reinforcing bars or smaller. The support wire must be W
6.5 or smaller.
52-4.01B Definitions
partially fabricated reinforcing cage: Stirrups for concrete barrier reinforcing cages held in position by welded longitudinal support wires.
lot: 150 count, or fraction thereof, of welds for each size of reinforcing bar and support wire and for each change to the welding equipment settings.
52-4.01C Submittals
52-4.01C(1) General
Not Used
52-4.01C(2) Certificate of Compliance
Submit a certificate of compliance for each shipment of partially fabricated cages. Include with the submittal:
1. Identification of each cage including lot numbers, welds traceable by welding clamp, and location tracking information.
2. Grade and size of welded reinforcement used for the stirrups and support wire.
3. For the reinforcing bar and support wire:
3.1. Heat number
3.2. Mill certificate
52-4.01C(3) Test Samples
Submit QA test samples to METS.
Include copies of certificates of compliance with the test samples. 52-4.01C(4) Welding Quality Control Plan
Submit 2 copies of a welding QC plan for each subcontractor or supplier performing ERW. The QC plan must include:
1. WPSs
2. Names and certifications of welding personnel
3. Welding procedures including current setting, welding clamp force, weld time, and hold time for each size of reinforcement to be welded
4. Welding equipment manufacturer's operating instructions including the recommended calibration frequency of the welding equipment
5. Documentation of ERW equipment calibration
6. Fabricator's QC Process Control Manual
7. Method for identifying welds and tracking lots
For the contents, format, and organization required for a welding QC plan, go to the METS website. 52-4.01C(5) Shop Drawings
Submit shop drawings showing the stirrup positioning, welded connections of the support wire to the stirrups, and welding equipment layout. Allow 15 days for the Engineer's review. 52-4.01C(6) Prefabrication Test Results
Submit the prefabrication test results within 3 days of prefabrication testing. The prefabrication test results must include:
1. Contract number
2. Bridge number
3. Welds identified by welding clamp
4. Reinforcement and support wire sizes
5. Test specimen length
6. Physical condition of test samples
7. Notable defects
8. Ultimate tensile strength of each sample
9. Location of necking area of each sample
Allow 3 business days for the Engineer's review.
52-4.01C(7) Quality Control Test Reports
Submit a QC test report within 7 days of testing for each lot. The report must be prepared by the authorized laboratory performing the testing. The report must be signed by the QC manager. For each lot, the report must include:
1. Contract number
2. Bridge number
3. Lot numbers with welds identified by welding clamp
4. Installed location of completed cages
5. Reinforcement and support wire sizes
6. Cage types
7. Cage lengths
8. Test specimen length
9. Physical condition of test samples
10. Notable defects
11. Ultimate tensile strength of each sample
12. Location of necking area of each test sample
Allow 3 business days for the Engineer's review.
52-4.01D Quality Assurance
52-4.01D(1) General
Provide a welding QC manager. The QC manager must be registered as a civil engineer in the State or currently certified as a CWI.
52-4.01D(2) Prewelding Meeting
Before submitting a welding QC plan, hold a prewelding meeting to discuss the work and the requirements for the welding QC plan. The meeting attendees must include the Engineer, your welding QC manager, and a representative from each entity performing welding or welding inspection. 52-4.01D(3) Test Samples
Samples must be a minimum length of 4 feet of bar reinforcing steel with a support wire welded at midpoint. You may furnish shorter length samples if authorized.
Prepare the samples using the same materials, procedures, equipment, and equipment settings used in the work.
The welding clamps that produce the samples are determined by the Engineer.
Prepare QC test samples and the Department acceptance test samples concurrently:
1. During fabrication of samples representing the 1st lot
2. From 1 of every 5 subsequent lots, or fraction thereof, randomly selected by the Engineer After receiving notification that lots are ready for QC testing, the Engineer (1) randomly selects test samples to represent each lot and (2) places tamper-proof markings or seals on the test samples.
Before transporting test samples to an authorized laboratory and METS:
1. Securely bundle and package the test samples for each test in a way that preserves their condition during transportation
2. Identify each test sample by lot number and Contract number using weatherproof markings
3. Attach a completed Sample Identification Card to each bundle If a sample show signs of tampering before testing, the sample is rejected. 52-4.01D(4) Quality Control
52-4.01D(4)(a) General
Test the samples for tensile strength under California Test 670, Section E, Part III, Tensile Test.
Tensile testing must be performed by an authorized laboratory. The laboratory must be on the Authorized Laboratories List for testing reinforcing steel splices. 52-4.01D(4)(b) Prefabrication Testing
Before the start of fabrication of production cages, prepare 4 samples from each welding clamp.
Notify the Engineer at least 5 business days before fabricating the samples.
If 3 or more of the 4 samples from each welding clamp attain the specified minimum tensile strength, the Department accepts the prefabrication test results.
If 2 of the 4 samples attain the specified minimum tensile strength, determine the cause of the failure and take corrective action as specified in section 52-4.01D(4)(c). Fabricate 4 additional samples from the clamp that produced the noncompliant samples, and perform tensile tests until at least 3 of the 4 samples attain the specified minimum tensile strength.
Do not start fabrication of production cages until the Department accepts the test results. 52-4.01D(4)(c) Fabrication Testing
During fabrication of production cages, for each lot prepare 8 test samples.
At least 5 business days before performing fabrication testing, notify the Engineer of:
1. Date of the testing
2. Location of the authorized laboratory where the tests will be conducted
3. Number of lots to be tested
Do not perform tests on test samples from bundles containing fewer than 8 samples. Test 4 of the samples. The Engineer determines the samples to be tested.
If 3 or more of the 4 samples from a lot attain the specified minimum tensile strength, the Department accepts the lot.
If 2 of the 4 samples from a lot attain the specified minimum tensile strength, perform additional tests on the remaining samples. If any of the additional samples do not attain the specified minimum tensile strength, the Department rejects the lot.
If a lot is rejected, stop production until the following corrective actions have been performed:
1. QC manager reviews your QC process
2. You have prepared a welding rejection mitigation report describing:
2.1. Cause of the failure
2.2. Method used to identify the cause of failure
2.3. Identification of affected lots
2.4. Provisions for preventing similar failures in future lots
2.5. Procedure for repairing or replacing the welded connections in the rejected lot
3. Engineer has notified you that the welding rejection mitigation report is authorized 52-4.01D(5) Department Acceptance
The Department accepts lots based on your QC tension test results specified in section 52-4.01D(4)(c).
The Department performs tensile test on samples from the 1st lot and from 1 of every 5 subsequent lots, or fraction thereof, randomly selected by the Engineer.
If 3 or more of the 4 samples attain the specified minimum tensile strength, the Department accepts the lot.
If 2 of the 4 samples attain the specified minimum tensile strength, fabricate 4 additional samples using the same materials and welding machine settings as the noncompliant lot. If any of the 4 additional samples do not attain the minimum specified tensile strength, the Department rejects the lot.
If QC and Department acceptance testing results have different compliance determinations, the Department will perform QA testing for all subsequent lots until QC testing and the Department testing are consistent for 2 consecutive lots before resuming testing for 1 of every 5 lots, or fraction thereof, as determined by the Engineer.
52-4.02 MATERIALS
52-4.02A General
Reinforcing bars must comply with ASTM A706, Grade 60.
Support wire must comply with the specifications for plain wire in ASTM A1064.
The tensile strength of reinforcing bars with the support wire welded to the bar must be at least 80,000 psi.
52-4.02B Fabrication
Perform ERW at a fabrication shop using computer-controlled equipment.
Weld the support wire to the stirrups. The stirrups must be positioned as shown. The support wire must be capable of maintaining the dimensions, position, and shape of the stirrups until the cage is complete. 52-4.03 CONSTRUCTION
Provide bracing to avoid collapse of the cage during assembly, transportation, and placement as needed.
Field tack welding of support wire to reinforcement is not allowed.
Wiring longitudinal reinforcement at each stirrup intersection is not required. 52-4.04 PAYMENT
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 70 MISCELLANEOUS DRAINAGE FACILITIES
Add to section 70-1.01A:
Miscellaneous drainage facilities include storm drain manhole. Storm drain manhole must comply with City of Roseville Standard Detail DR-4 and section 101 of City of Roseville Construction Standards.
Steel reinforcement for drainage manhole must comply with section 52.
Add to section 70-1.04:
Payment for connecting drainage pipes to storm drain manhole is included in the payment for storm drain manhole.
Add to section 70-5.05A:
Drainage inlet markers for City of Roseville drop inlet (type C) must comply with City of Roseville Standard Detail DR-20 and section 101 of City of Roseville Construction Standards.
Add to section 70-5.05A:
Drainage inlet markers for City of Roseville drop inlet (type C) must comply with City of Roseville Standard Detail DR-20 and section 101 of City of Roseville Construction Standards.
Replace Not Used in section 70-5.05D with:
Payment for drainage inlet marker is included in the payment for type of drainage/drop inlet involved. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION VIII MISCELLANEOUS CONSTRUCTION
72 SLOPE PROTECTION
Replace Reserved in section 72-11.01A(3) with:
Contractor must submit to the Engineer the manufacturer's literature for exterior stain and certification the materials are in compliance with specification requirements.
Replace Reserved in section 72-11.01A(4):
For the following slope paving locations, construct a test panel at the job site before placing the permanent slope paving:
1. Roseville Pkwy Overhead Abutment 4
The test panel must be:
1. At least 4 feet by 6 feet
2. Constructed with the same materials as the permanent work
3. Finished and cured using the same methods as the permanent work
4. Included a stained area measuring 1 ft by 5 ft using the same color and finish methods as the permanent work
If the test panel is rejected, construct another test panel.
Replace the 3rd paragraph in section 72-11.01B with:
For Concrete Banding of slope paving, concrete stain shall be Revive Exterior Stain by Sika Corporation (LM Scofield) or approved equal. Concrete stain color shall be Dark Gray (C-34) by Sika Corporation (LM Scofield) or approved equal.
Replace the 2nd paragraph in section 72-11.01C(1) with:
For staining of Concrete Banding of slope paving, apply to concrete finished surface as per manufacturer's specifications. Contractor must take measures to ensure no stain is applied to other concrete areas.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
73 CONCRETE CURBS AND SIDEWALKS
Add to section 73-1.02A:
Concrete must be minor concrete complying with section 90-2 and may contain returned plastic concrete complying with section 90-9.
Replace Not Used in section 73-1.04 with:
The price per linear foot shall include all work and materials necessary to construct Minor Concrete (Retaining Curb (MOD)) as detailed in the Specifications, Plans, and as directed by the Engineer. The price shall be full compensation for constructing the retaining curb, excavation, backfill, compaction, steel reinforcement, surface restoration.
The PER LINEAR FOOT price for “Minor Concrete (Retaining Curb (MOD)) shall be full compensation for all labor, equipment, tools, and incidentals to complete each item.
Replace Not Used in section 73-2.04 with:
Payment for the Concrete Slurry Wall is included in the bid item of “Minor Concrete (Type 2 Barrier Curb)”.
Payment for the bike ramp and bus stop shelter pad are included in the bid item of “Minor Concrete (Sidewalk)”.
Add to section 73-3.01C:
Within 2 business days of completing the surveys, submit preconstruction and post-construction surveys sealed and signed by one of the following:
1. Land surveyor licensed in the State
2. Engineer who is registered as a civil engineer in the State Replace Reserved in section 73-3.01D(3) with:
For locations shown, perform a preconstruction survey to ensure forms and job site constraints will allow for compliance with required design dimensions and slopes shown. Upon completing the work, perform a post-construction survey to verify design dimensions and slopes requirements are met. The postconstruction survey must include a minimum of 3 measurements for each dimension and slope requirement shown. Individual measurements must be equally distributed across the specified slope or dimensional surface. Document and submit these measurements on the Americans with Disabilities Act Compliance Inspection Report form for the facility type shown. Include the equipment and control used to conduct the survey.
Add to the beginning of section 73-3.03:
Before placing concrete, verify that forms and job site constraints allow the required dimensioning and slopes shown. Immediately notify the Engineer if you encounter job site conditions that will not accommodate the design details. Ordered modifications are change order work.
Replace Not Used in section 73-3.04 with:
Payment for detectable warning surface and curb is included in the payment for Minor Concrete (Curb Ramp).
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
75 MISCELLANEOUS METAL
Add to section 75-2.01:
Miscellaneous iron and steel includes drainage inlet metal plate cover, frame and grate, and manhole frame and cover.
Drainage frame and grate for Drop Inlet (Type C) must comply with City of Roseville Standard Detail DR-9 and section 101 of City of Roseville Construction Standards.
Drainage manhole frame and cover for Drainage Manhole must comply with City of Roseville Detail DR-6 and section 101 of City of Roseville Construction Standards.
Replace section 75-2.04 with:
Payments for metal plate cover, frame and grate, and manhole frame and cover are included in the payments for various types of drainage inlets, manholes, and miscellaneous drainage facilities including area drains.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
78 INCIDENTAL CONSTRUCTION
Replace section 78-4.06B with:
Anti-graffiti coating must:
1. Be a non-sacrificial, water-based coating designed for protecting concrete from graffiti
2. Be compatible with the concrete surface treatment
3. Be clear drying
4. Be PRMAKOTE, Blok-Guard & Graffiti Control II or approved equal Add to the end of section 78-4.06C:
Apply anti-graffiti coating to the following surfaces:
Roseville Pkwy Overhead Br. No.19C0281 exposed concrete surfaces of abutment 1 and 4 slope abutments, columns, monuments and concrete barriers.
Roseville Pkwy MSE Wall exposed concrete surfaces.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
79 WATER DISTRIBUTION SYSTEM
79-1 POTABLE WATER PIPE
79-1.01 GENERAL
Section 79-1 includes general specifications for the water distribution system. 79-1.01A Summary
This work shall consist of furnishing and installing 4-inch, 10-inch, and 12-inch potable water pipe. This work shall be in conformance with the current City of Roseville Design Standards, Section 8 and City of Roseville Construction Standards, Section 81. Installing potable water pipe includes excavation, backfill, fittings, earthwork, and connection of new pipe to new or existing facilities.
Smaller piping for water services shall comply with requirements elsewhere in these Specifications.
Pressure testing and chlorine disinfection shall comply with requirements elsewhere in these Specifications. 79-1.01B Definitions
Not Used
79-1.01C Submittals
The Contractor shall provide a materials list and catalog data sheets naming each product to be used identified by manufacturer and type number.
The Contractor shall submit a pipe lay diagram for all piping larger than 4 inches installed as part of this project.
79-1.01D Quality Assurance
79-1.02B Ductile Iron Pipe
Ductile iron pipe shall conform to the City of Roseville Design Standards, Section 8 and the City of Roseville Construction Standards, Section 81.
Pipe shall conform to American Water Works Association (AWWA) C150 and AWWA C151 as appropriate. Flanged pipe shall conform to AWWA C115.
Buried ductile iron pipe shall be wrapped in 8 mil minimum thickness polyethylene encasement with ends taped off with vinyl pipe wrap tape in accordance with AWWA C105. 79-1.02C Fittings
Unless otherwise specified or shown on the project plans, all fittings to be used with ductile iron pressure pipe shall conform to the standard for “Ductile-Iron Compact Fittings for Water and Other Liquids” (ANSI/AWWA C-153/A21.53). Approved fitting manufacturers include Tyler and US Pipe. All fittings shall be made in USA.
a) Ductile iron fittings shall be cement mortar lined in accordance with the standard for “Cement Mortar Lining for Ductile-Iron Pipe and Fittings for Water” (ANSI/AWWA C-104/A21.4 and AWWA C-110) and manufacturer’s recommendations.
b) Fittings shall be wrapped and sealed in clear polyethylene encasement in accordance with the City of Roseville Construction Standards.
79-1.02D Pipe Restraints
Thrust blocks shall be used where specified on the Plans. Ductile iron pipe installed as part of this project shall be fully restrained. Joint restraint shall be achieved by means of a mechanical joint restraint device per Section 8 of the City of Roseville Design Standards. 79-1.02E Tracing Wire
A continuous number 12 insulated tracing wire shall be attached to mains, service lines, and appurtenances per the City of Roseville Construction Standard Details and the following:
1. Tracing wire through valve boxes shall be placed outside of riser, but inside the box.
2. Wire splices shall be located above ground and inside of valve boxes, per City Standard Details W-16, W-17, and as follows:
a. Install a copper split bolt connector on the splice. b. Twist the wire together with a minimum of 5 twists.
c. Solder all connections.
d. Cover the splice with mastic tape and wrap with vinyl tape.
3. A 12-inch wide, blue plastic non-detectable water pipe marking tape, marked “Buried Water Main Below,” shall be placed in all main line trenches, 12 to 24 inches from the surface. 79-1.03 CONSTRUCTION
4. Ductile pipe installation shall be in accordance with Section 81 of the City of Roseville Construction Standards and the Specifications herein.
5. Bell and Spigot Ductile Iron Pipe. Where bell and spigot joints are used for joining ductile iron pipe, the joints shall be made using rubber rings, US "Tyton", Clow "Super Bell Tite" joint, or approved equal. Gasket seat, gasket, and spigot shall be thoroughly cleaned before assembly of joint. The entire procedure shall be in strict accordance with manufacturer's recommendations.
6. Mechanical Joint Ductile Iron Pipe. Mechanical joints in ductile iron pipe shall be made as follows:
Gland shall be placed on spigot end of pipe with lip extension toward the joint. The rubber gasket shall then be slipped on the pipe with its thick edge toward the gland. The gasket and joint surfaces shall then be thoroughly wetted using a soapy solution made with vegetable soap or similar soap as recommended by the manufacturer. The spigot end of the pipe shall then be inserted to full depth of the mechanical joint socket and the gasket pressed firmly into place in the bell in order to obtain an even "set" all around the joint. The gland shall then be moved into place, the bolts inserted, and the nuts taken up tightly with fingers. The nuts shall then be tightened gradually by wrench a half turn at a time, moving wrench from one nut to another repeating until all nuts are uniformly tight. Final tightness shall be with a torque wrench as follows: three quarter inch bolts 60 to 90 pounds torque, half inch bolts 10 to 30 pounds torque.
7. Flanged Pipe. Flanged joints shall be made up square, with even pressure on the gaskets, and shall be watertight.
8. Grooved Coupling. Grooved couplings shall be prepared or painted as necessary to obtain a leak free seal.
79-1.04 PAYMENT
The price per linear foot shall include all work and materials necessary to furnish and install 4-inch, 10- inch, and 12-inch ductile iron pipe as detailed in the Specifications, Plans, and as directed by the Engineer. The price shall be full compensation for furnishing and installation of pipe, trenching, excavation, backfill, compaction, surface restoration, fittings, restraints, temporary plating, and tie-ins.
The PER LINEAR FOOT price for “Install 4-inch Ductile Iron Pipe”, “Install 10-inch Ductile Iron Pipe”, and “Install 12-inch Ductile Iron Pipe” shall be full compensation for all labor, equipment, tools, and incidentals to complete each item.
79-2 VALVES AND APPURTENANCES
79-2.01 GENERAL
This work shall consist of furnishing and installing gate valves and related appurtenances. 79-2.02 SUBMITTALS
Submit materials list and catalog data sheets naming each product to be used identified by manufacturer and type number.
Submit Operations and Maintenance Manuals for approval for all valves. 79-2.03 MATERIALS
Valves shall be in conformance with American Water Works Association (AWWA) C500 and C509, as appropriate. Materials and installation shall comply with Section 81 of the City of Roseville Construction Standards.
Gate valves for 2-inch services shall be Nibco T-113 Bronze or approved equal. Gate valves to be used on pipe diameters ranged from 3-inch to 12-inch shall be resilient seated or wedge type and meet AWWA C509 Class C Specifications. The gate valve body, bonnet, and O-ring plate shall be fusion-bonded epoxy coated, both interior and exterior on body and bonnet. Epoxy shall be applied in accordance with AWWA C550 and be NSF 61 Certified. A list of approved gate valves includes: M&H 4067 RW Gate Valve, Mueller A-2360 RS Gate Valve, US Pipe-Metro Seal 250, or approved equal. All gate valves shall be made in USA.
Materials such as valve boxes, valve covers, concrete blocking, riser stock, valve lock-out, nuts and bolts, and any other materials necessary for the installation of valves and appurtenances shall conform to Section 8 “Domestic Water Supply System” of the City of Roseville Design Standards.
Pipe tapping sleeve shall be Romac FTS425 or approved equal. 79-2.04 PAYMENT
The price per each shall include all work and materials necessary to furnish and install valves and appurtenances as detailed in the Specifications, Plans, and as directed by the Engineer. The price shall be full compensation for installing valves, complete in place, including all excavation, backfill, valve boxes, valve covers, concrete blocking, concrete collar, riser stock, operating nut extension, valve lockout, fittings, nuts and bolts, and any necessary pavement or landscape restoration.
The PER EACH price for “Install 10-inch Gate Valve” and “Install 12-inch Gate Valve” shall be full compensation for all labor, equipment, tools, and incidentals to complete each item. 79-3 FIRE PROTECTION
79-3.01 GENERAL
This work shall consist of furnishing and installing the backflow device and related valves. 79-3.02 SUBMITTALS
Submit materials list and catalog data sheets naming each product to be used identified by manufacturer and type number.
Submit Operations and Maintenance Manuals for approval for backflow device and related valves. 79-3.03 MATERIALS
Materials and installation of backflow device shall be in accordance with Section 81 of the City of Roseville Construction Standards.
Backflow device shall be 10-inch Watts 709 DCDA Series or approved equal. The backflow device shall be insulated with a freeze protection bag. Fittings shall be flange by flange or fully restrained. Buried nuts and bolts and bare metal shall be coated with bituminous material. Pipe and fittings shall be ductile iron.
Pipe supports shall be Placer Waterworks Bolt to Flange Pipe Support Saddle or approved equal.
No water shall be drawn through the backflow device until it has been tested by the City of Roseville Environmental Utilities Department.
79-3.04 PAYMENT
The price per each shall include all work and materials necessary to furnish and install the backflow device and related appurtenances as detailed in the Specifications, Plans, and as directed by the Engineer. The price shall be full compensation for installing the backflow device, complete in place, including all excavation, backfill, pipe and fittings, pipe supports, strainer, valve lock-out, freeze protection bag, and nuts and bolts.
The PER EACH price for “Install Backflow Device” shall be full compensation for all labor, equipment, tools, and incidentals to complete this item.
79-4 WATER SERVICES AND METERS
79-4.01 GENERAL
This work shall consist of installing new domestic and irrigation water services, meters, and related appurtenances.
Pressure testing and chlorine disinfection shall comply with Section 79-5 of these Specifications. 79-4.02 SUBMITTALS
The Contractor shall provide a materials list and catalog data sheets naming each product to be used identified by manufacturer and type number.
79-4.03 MATERIALS
Domestic and irrigation water services shall be 2" diameter brass piping, in conformance with American Society for Testing and Materials (ASTM) B43 Standard Specification for Seamless Red Brass Pipe, Standard Sizes.
Materials such as brass materials, corporation stops, curb stops, dielectric tape, meters, meter setters, meter couplings, nuts and bolts, polyvinyl chloride (PVC) pressure pipe service saddles, service boxes, services and meters shall conform to Section 8 of the City of Roseville Design Standards, Section 81 of the City of Roseville Construction Standards, and AWWA Standard C800 Underground Service Line Valves and Fittings.
Water meters shall be installed per American Water Works Association (AWWA) Manual M6 and the City of Roseville Construction Standards, Section 81. Water service lines and appurtenances shall be installed per City of Roseville Construction Standards, Section 81.
Buried metal pipe shall be wrapped in 8 mil minimum thickness polyethylene encasement with ends taped off with vinyl pipe wrap tape.
79-4.04 PAYMENT
The price per each shall include all work and materials necessary to furnish and install 2-inch water service pipe, water service meters, and appurtenances as detailed in the Specifications, Plans, and as directed by the Engineer. The price shall be full compensation for furnishing and installation of pipe, meter boxes, meter setters, freeze protection bag, corporation stops, trenching, excavation, backfill, compaction, surface restoration, fittings, restraints, temporary plating, tie-ins, and other appurtenances related to water service pipe and meter box installation.
The PER EACH price for “Install 2-inch Water Service” shall be full compensation for all labor, equipment, tools, and incidentals to complete this item.
79-5 PRESSURE TESTING AND PIPE DISINFECTION
79-5.01 GENERAL
This work shall consist of pressure testing new water pipes and disinfecting new potable water pipes.
Inspection and hydrostatic pressure testing of installed ductile iron pipe shall comply with American Water Works Association (AWWA) Standard C600 for Installation of Ductile-Iron Mains and Their Appurtenances.
Chlorine disinfection shall comply with the AWWA Standard C651 for Disinfecting Water Mains and Section 81 of the City of Roseville Domestic Water Supply System Design Standards. 79-5.02 SUBMITTALS
An accuracy certification by approved independent testing laboratories for flow meters and test gauges shall be submitted to the Engineer. Certifications shall be dated no more than 90 days prior to actual system testing.
Prior to testing, Contractor shall provide the following information:
1. Describe precautions that will be taken to protect system equipment that might be damaged under test pressures, and the proposed method for rerouting reclaimed water or sewer flows where the systems must remain in service.
2. Describe the proposed method for disposal of water used in line testing.
3. Submit test bulkhead locations and design calculations, pipe attachment details, and methods to prevent excessive pipe wall stresses.
Prior to disinfection, Contractor shall provide the following information:
1. Testing Schedule and Notification of Disinfection: Submit advance written notice a minimum of 72 hours prior to conducting pipe disinfection.
Testing Plan: Submit a written plan that identifies the methods for water disinfection in compliance with AWWA C651
79-5.03 MATERIALS
79-5.03A MANUAL AIR RELEASE VALVES FOR BURIED PIPING
Provide temporary manual air release valves for pipeline test. Construct the pipe outlet in the same manner as for a permanent air valve and after use, seal with a blind flange, pipe cap, or plug and coat the same as adjacent pipe.
79-5.04 TEST BULKHEADS
Design and fabricate test bulkheads per Section VIII of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code. Materials shall comply with Part UCS of said code. Design pressure shall be at least 2.0 times the specified test pressure for the section of pipe containing the bulkhead. Limit stresses to 70% of yield strength of the bulkhead material at the bulkhead design pressure. Include air release and water drainage connections. 79-5.05 PROJECT CONDITIONS
Pressure testing shall not be performed until each system has been flushed or thoroughly cleaned in accordance with procedures in the section that describes pipeline installation.
Water for flushing and testing shall be provided by the City. The Contractor shall obtain a hydrant permit from the City and pay all costs associated with the meter use. The Contractor shall provide all necessary labor and equipment to extra the water and shall be responsible for the repair of any damage to the existing facilities which can be attributed to this operation. 79-5.06 DISINFECTION REQUIREMENTS
Contractor shall furnish personnel, materials, bulkheads, test plugs, restraints, anchors, temporary connections, pumps, pressure gauges, and other equipment needed to perform disinfection.
Regarding water for disinfection, the Contractor shall:
1. Use potable water for disinfection of pipelines.
2. Coordinate with Construction Manager for specific points from which to draw water.
3. Supply and install all pipe, fittings, valves, coupling, and other materials needed to fill the test lines with water. Care shall be taken not to contaminate the existing system.
4. Supply pipe connection and all necessary apparatus and equipment needed for the test.
Contractor shall disinfect all portions of the pipe that have been installed as part of this Contract and installed by others to be included within the finished pipeline. Disinfection shall occur in all new pipe sections prior to making final connection to existing active operating piping. 79-5.07 PRESSURE TESTING
79-5.07A GENERAL
Perform testing in the presence of the Engineer/Inspector after backfill and proper compaction of trenches. Where lines are installed under roadways and parking areas, perform tests before and after completion of final subgrade preparation and prior to application of surface courses. Notify Engineer in writing at least 48 hours prior to testing. Notification shall be by the Contractor submitting a test form which shall indicate test date, pipeline to be tested, test requirements, and requirements of the Owner.
Prepare each section for testing, using adequate bracing; protect system equipment susceptible to damage by test pressures; make provision for installation of Owner’s pressure gauge in parallel with Contractor’s gauge, if so requested; and maintain services where required.
Testing requirements are stipulated in the AWWA M41 Manual, assorted AWWA Standards based on the various types of piping, and specified herein. Requirements in the AWWA M41 Manual and Standards supersede other requirements of Contract Documents, except where requirements of Contract Documents are more stringent, including higher test pressures, longer test times, and lower leakage allowances.
79-5.07B TESTING PROCEDURE
1. After completion of the installations, Contractor shall test all piping and pipework as herein specified. The Contractor shall furnish all material, equipment, and labor for testing the piping systems. Each system may be tested as a unit or in sections as directed by the Engineer, but each complete system shall successfully meet the requirements specified herein before acceptance by the Engineer.
2. Clean piping before pressure or leak tests.
3. For water testing, the test shall be made by closing valves or providing bulkheads or plugs and filling the pipelines with water, with provisions made for the release of all air in the lines. Lines shall be filled with water 24 hours prior to testing for leakage to allow for absorption of water by pipe or joint material.
4. Specified pressures or heads of water shall be maintained for the periods of time tabulated herein, except where indicated to be air or vacuum, and the leakage determined. Leakage shall not exceed the tabulated values.
5. Test pressures shall be as indicated herein and by the City. The pressure shall be maintained at all times during the test by restoring it whenever it falls an amount of 5 psi for test pressures above 20 psi and 2 psi for test pressures below 20 psi.
6. No leakage is allowed. If leakage is detected, the Contractor shall repair or replace the pipeline and retest it. Do not use paints, asphalts, tars, or other type of pipe compounds to eliminate leaks.
7. The Contractor shall take all necessary precautions to prevent any joints from drawing while the pipelines and their appurtenances are being tested and he shall, at his own expense, repair any damage to the pipes and their appurtenances, or to any other structures, resulting from or caused by these tests.
8. Where any section of the piping contains concrete thrust blocks or encasement, wait at least 10 days after the pour to begin testing.
9. After a satisfactory test, remove the testing fluid, remove test bulkheads and other test facilities, and restore the pipe coatings.
79-5.07C RECORDS
Provide records of each piping installation during the testing. These records shall include:
1. Date of test.
2. Identification of pipeline, or pipeline section, tested or retested.
3. Identification of pipe material.
4. Identification of pipe specification.
5. Test fluid.
6. Test pressure.
7. Remarks: Leaks identified (type and location), types of repairs, or corrections made.
8. Certification by Contractor that the leakage rate measured conformed to the specifications. 79-5.08 PIPELINE DISINFECTION
79-5.08A GENERAL
Pipe disinfection shall be in accordance with the most recent edition of AWWA C651.
Following chlorination, thoroughly flush all treated water from the mains until the replacement water, upon both chemical and biological tests, is proved equal to the water quality at the point of supply. All bacteriological tests shall be in accordance with AWWA “Standard Methods for the Examination of Water and Wastewater”.
Disposal of chlorinated water is not allowed. Dechlorinate all water prior to disposal as reviewed by the Engineer.
79-5.08B DISINFECTION PROCEDURE
1. Disinfect the newly installed potable water pipelines by the use of calcium hypochlorite tablets or the slug method in accordance with AWWA C651. Disinfection inspections shall begin only after passing the pressure test.
2. The Tablet Method consists of placing calcium hypochlorite granules and tablets in a device that prohibits their entry into the pipe, then inserting the device with the tablets into the pipe as it is being installed and filling the water main with potable water when the installation is completed. This method may be used only if the pipes and appurtenances are kept clean and dry during construction. This method cannot be used on solvent-welded plastic or on screwed-joint steel pipe because of the danger of fire or explosion from the reaction of the joint compounds with the calcium hypochlorite.
3. Position valves so that the strong chlorine solution in the treated main will not flow into water mains in active service. Open and close valves and hydrants while the system is being disinfected. The City shall verify that a minimum chlorine residual of 50 parts per million (ppm) has been achieved.
Retain treated water at least 24 hours after which time it shall be tested for residual chlorine. If less than 25 parts per million is indicated, additional chlorine in solution shall be added until disinfection satisfactory to the Engineer is obtained.
4. Flush and fill the system with clear water when disinfection has been completed and approved by the Engineer. Chlorinated water shall be neutralized to 1 ppm chlorine residual or less prior to discharge. Discharge location and neutralization methods shall be coordinated with and approved by the City. 72-hour notification to the City is required prior to any discharge of chlorinated water.
5. Chlorinated water resulting from flushing newly installed water lines may be discharged to the City’s sewer system. Permission to discharge chlorinated water into the sewer system shall be granted by the City on a case-by-case basis. Prior to discharging into the sewer system, the Contractor shall sign a form authorizing the City’s Environmental Utilities Department to bill for the amount of water discharged into the system. Contractor shall adhere to terms of hydrant permit acquired by the City.
6. A bacteriological test will be performed after refilling the line and, if not found to be of safe bacteriological quality, Contractor will re-chlorinate the line until the quality of the water is proven to be satisfactory at no additional expense to the City.
7. Where connections are to be made to an existing potable water system, the interior surfaces of all pipe and fittings used in making the connections shall be swabbed or sprayed with a one percent hypochlorite solution before they are installed. Start thorough flushing as soon as the connection is completed continue until all discolored water is eliminated. 79-5.09 PAYMENT
The lump sum amount shall include all work and materials necessary to perform pressure testing and pipeline disinfection as detailed in the Specifications, Plans, and as directed by the Engineer.
The LUMP SUM price for “Pressure Testing and Pipeline Disinfection” shall be full compensation for all labor, equipment, tools, and incidentals to complete this item. 79-6 EXISTING WATER FACILITIES
79-6.01 GENERAL
This work shall consist of abandoning existing water pipes and removing existing water infrastructure. 79-6.02 SUBMITTALS
Submit a flowable fill mix design report that includes the following:
• flowable fill type and production method
• aggregate gradation of fill
• fill mix constituents and proportions by weight and volume, and air content • fill densities and viscosities, including wet density at point of placement • initial time of set
• bleeding and shrinkage
• compressive strength
Submit technical information for equipment and operation procedures including projected injection rate, grout pressure, method for controlling grout pressure, bulkhead and vent design and number of stages for grout application.
79-6.03 MATERIALS
79-6.03A FLOWABLE FILL
Flowable fill mix design shall include the following:
• Cement: ASTM C150 Type I or II. Volume and weight per cubic yard of fill. Provide minimum cement content of 50 pounds per cubic yard.
• Fly ash: ASTM C618, Class C or F. Volume and weight per cubic yard of fill. Provide minimum fly ash content of 200 pounds per cubic yard.
• Potable water: Volume and weight per cubic yard of fill. Amount of water determined by mix design testing.
• Aggregate gradation: 100 percent passing 3/8-inch sieve and not more than 10 percent passing No. 200 sieve. Mix design report shall define pilot gradation based on following sieve sizes: 3/8 inch, No. 4, 8, 16, 30, 50, 100, and 200. Do not deviate from pilot gradation by more than plus or minus 10 percentage points for any sieve for production material. • Aggregate source material: Screened or crushed aggregate, pit or bank run fine gravels or sand, or crushed concrete. If crushed concrete is used, add at least 30 percent natural aggregate to provide workability.
• Admixtures: Use admixtures meeting ASTM C494 and ASTM C1017 as needed to improve pumpability, to control time of set and to reduce bleeding. • Fluidifier: Use fluidifier meeting ASTM C937 as necessary to hold solid constituents in suspension.
Add shrinkage compensator if necessary.
• Performance additive: Use flowable fill performance additive, if needed, to control fill properties.
Placement for flowable fill shall be self-leveling. Flowable fill shall be non-shrink and minimum wet density shall be 90 pounds per cubic foot. Water bleeding for fill to be placed by grouting method in pipes not to exceed 2 percent according to ASTM C940.
Grout plugs shall be cement-based dry-pack grout conforming to ASTM C1107, Grade B or C. 79-6.04 ABANDON PIPE
Existing water pipes shall not be abandoned until the corresponding new water pipe is fully in service.
Pipes 12 inches in diameter and larger shall be abandoned with flowable fill; pipes less than 12 inches in diameter shall be abandoned without flowable fill.
The water pipe to be abandoned shall be removed (not abandoned) when any of the following conditions exist:
1. The alignment of the existing water pipe falls within the trench excavation of the new pipe.
2. When called out on the Plans.
Abandonment of a water pipe shall be accomplished by disconnecting the pipe from intersecting pipes that are to remain in service and installing a blind flange on the tee and/or cross to remain at the point of intersection. Drain water pipes to be abandoned. If a valve is located at the tee/cross for the line being abandoned, it shall be removed and a blind flange shall be installed in its place. In no instance will water pipes be abandoned by valve closure.
Abandoned pipelines 12 inches and larger in diameter shall be completely filled with flowable fill.
Temporarily plug or cap pipe segments which are to remain in operation during filling to keep lines free of flowable fill. Pump flowable fill through bulkheads or use other suitable construction methods to contain flowable fill in lines to be abandoned. Place flowable fill under pressure flow conditions into properly vented open system until flowable fill emerges from vent pipes. Pump flowable fill with sufficient pressure to overcome friction. Collect and dispose of excess flowable fill material and debris. 79-6.05 REMOVE WATER SERVICES AND BACKFLOW DEVICE
Existing water service meters, meter boxes, valves, valve boxes, 10-inch backflow device, and all related piping and appurtenances shall be removed per the Plans. The Contractor shall be responsible for appropriate disposal of materials.
79-6.06 PAYMENT
The linear foot price shall include all work and materials necessary to abandon 2-inch water service pipes, including all excavation, backfill, pipe cutting, caps, and any necessary landscape restoration, as specified in the Specifications, Plans, and as directed by the Engineer.
The PER LINEAR FOOT price for “Abandon 2-inch Water Service” shall be full compensation for all labor, equipment, tools, and incidentals to complete this item.
The linear foot price shall include all work and materials necessary to abandon 12-inch water service pipes, including all excavation, backfill, grout plugs, caps, flowable fill, and any necessary landscape restoration, as specified in the Specifications, Plans, and as directed by the Engineer.
The PER LINEAR FOOT price for “Abandon 12-inch Water Service” shall be full compensation for all labor, equipment, tools, and incidentals to complete this item.
The lump sum price shall include all work and materials necessary to remove existing water meters and boxes, valves and boxes, backflow device, aboveground and underground piping, and related appurtenances as specified in the Specifications, Plans, and as directed by the Engineer.
The LUMP SUM price for “Remove Water Services and Backflow Device” shall be full compensation for all labor, equipment, tools, and incidentals to complete this item. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
80 FENCES
Add to section 80-3.02B with:
Place 3M white retroreflective tape, or equal, to fence post as noted on the plans.
Replace medium or dark green in the 1st paragraph of section 80-3.02C with:
black
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION IX TRAFFIC CONTROL DEVICES
81 MISCELLANEOUS TRAFFIC CONTROL DEVICES
Replace section 81-3.04 with:
Payment for pavement markers is included in the payment for traffic stripe. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
82 SIGNS AND MARKERS
Add to section 82-1.01A:
Signs must be constructed in accordance with the section 56 of City of Roseville Construction Standards.
Replace Reserved in section 82-3.01C with:
Submit shop drawings for the non-standard roadside signs. The shop drawing must include:
1. Sign panel, with letters and symbols, for each sign type.
2. Color
3. Material
Add to section 82-3.02A:
Roadside sign must comply with section 56-2.02 of City of Roseville Construction Standards.
Replace paragraphs of section 82-3.02B with:
Metal posts must comply with City of Roseville Standard Drawing TS-17A and must conform to section 56-2.02A of City of Roseville Construction Standards.
Replace paragraphs of section 82-3.02C with:
Not Used
Replace paragraphs of section 82-3.02D with:
Not Used
Replace paragraphs of section 82-3.02E with:
Sign panel fastening hardware must comply with section 56-2.02D of City of Roseville Construction Standards.
Replace paragraphs of section 82-3.03A with:
Sign panel installation must comply with section 56-2.04 of City of Roseville Construction Standards.
Replace paragraphs of section 82-3.03B with:
Not Used
Replace paragraphs of section 82-3.04 with:
Payment for furnishing sign panels is included in the payment for roadside sign. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
83 RAILINGS AND BARRIERS
Replace section 83-2.10 with:
83-2.10 ORNAMENTAL RAILING
83-2.10A General
83-2.10A(1) Summary
Section 83-2.10 includes specifications for constructing ornamental railings. 83-2.10A(2) Definitions
Not Used
83-2.10A(3) Submittals
83-2.01A(3)(a) General
Not used
83-2.10(A)(3)(b) Shop Drawings
Submit shop drawings for the ornamental railing. Shop drawings must include:
1. Ornamental railing.
2. Details for venting and pickup holes in posts, rails and pickets.
3. Complete details for the construction of work, including construction methods, sequence of shop and field assembly, and installation sequence and procedures for the ornamental railing.
Submit 7 copies of the shop drawings. Allow 25 days for review. Upon authorization, the Engineer returns 2 copies to you for use during construction.
83-2.01A(3)(c) Certificate of Compliance
Submit a certificate of compliance signed by the supplier's QC representative for the ornamental railing. 83-2.10A(4) Quality Assurance
Not used
83-2.10B Materials
The materials for ornamental railing must comply with section 83-2.05B(3). 83-2.10C Construction
Construction of ornamental railing must comply with 83-2.05C.
Powder coating of the ornamental railing must use the following procedure.
1. All surfaces to be sandblasted to a while metal surfaces to achieve a 1 MIL surface profile.
2. Apply epoxy powder coat primer at 1-1.5" MIL thickness.
3. Apply Tiger Series38 super durable topcoat or approved equal.
Powder coating product must be certified for a 3000-hour salt spray test per ASTM B117.
Follow all manufacturer's instructions for surface preparation, primer application, and topcoat application. 83-2.10D Payment
The payment for powder coating is included in the payment for ornamental railing.
Add to section 83-3.01A:
Rock texture must comply with section 51-1.03G.
Conduit and pull boxes must comply with section 86.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
84 MARKINGS
Replace Reserved in section 84-2.02H with:
All traffic stripes and pavement markings on concrete pavement shall be 3M tape or approved equal in place of thermoplastic, in conformance with the provisions in Section 84, "Traffic Stripes and Pavement Markings," of the City of Roseville Design and Construction Standards, the State Standard Specifications and these Special Provisions.
All 4” to 8” pavement stripes shall require 1” black borders when located on concrete pavement. The 1” black borders shall be in addition to required width of the stripe.
All pavement markings shall require 1” black borders when located on concrete pavement. The 1” black borders shall be in addition to required dimensions of the marking.
Contractor shall remove all existing striping and pavement markers as shown on the plans.
Traffic stripes and pavement markings shall be replaced at all locations where existing traffic stripes and pavement markings are obliterated or covered as a result of the project.
Unless otherwise noted on the plans, the Contractor shall replace all pavement delineation on the same alignment and location.
Should the Contractor be unable to place Traffic Stripe and Pavement Markings due to unsuitable weather conditions, the Engineer can temporarily suspend work as allowed in Section 8-1.05 of the State Standard Specifications. Should the work be suspended for greater than 14 days, Temporary Pavement Stripe and Markings should be placed in lieu of Painted Traffic Stripes and Pavement Markings.
Placement and removal of Temporary Stripe and Pavement Marking shall be considered Extra Work as allowed in Section 4-1.03D, or as directed by the Engineer.
Add to section 84-2.03C(3):
All striping or pavement markings damaged during construction must be repaired at your expense.
Repairs must consist of complete replacement of striping or markings as directed by the Engineer.
When you are unable to place traffic stripes and marking due to unsuitable weather conditions, the Engineer can temporarily suspend work per section 8-1.06. When the work is suspended for greater than 14 days, install temporary traffic stripe and pavement markings. Placement of temporary traffic strip and temporary pavement marking is considered extra work per section 4-1.05.
Add to section 84-2.04:
The contract price paid for Tape Traffic Stripes and Tape Pavement Markings shall be included in the contract lump sum price paid for “Tape Traffic Stripe with Black Border" and "Tape Pavement Markings” and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in applying tape traffic stripes and pavement markings, complete in place, including removing existing traffic striping or markings, installing temporary pavement delineation, establishing alignment for stripes, and layout work, as shown on the plans, and as specified in these Special Provisions, and as directed by the Engineer.
Full compensation for furnishing, placing, and maintaining traffic stripes shall be considered as included in the contract prices paid “Tape Traffic Stripe with Black Border" and "Tape Pavement Markings”, and no separate payment will be made therefor.
Add to section 84-10:
84-10 Pavement Marking (Green)
84-10.01 General
Pavement Marking (Green) shall consist of methyl methacrylate resins with hardwearing aggregate and premium pigments, MMax EF Green Corundum by Ennis-Flint or approved equal. Color lane treatment shall be applied per manufacturer’s instructions.
84-10.2 Measurement and Payment
The contract price paid per square foot for Pavement Marking (Green) shall be considered full compensation for meeting all of the provisions of this section, furnishing all labor, materials and equipment necessary to complete the work, as shown on the plans and specified herein. No additional compensation will be made therefor.
Replace Reserved in section 84-9.03C with:
Residue from the removal of painted or thermoplastic traffic stripes and pavement markings contains lead from the paint or thermoplastic. The average lead concentrations are less than 1,000 mg/kg total lead and 5 mg/L soluble lead. This residue:
1. Is a nonhazardous waste
2. Does not contain heavy metals in concentrations exceeding the thresholds established by the Health and Safety Code and 22 CA Code of Regs
3. Is not regulated under the Federal Resource Conservation and Recovery Act (RCRA), 42 USC § 6901 et seq.
Management of this material exposes workers to health hazards that must be addressed in your lead compliance plan.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION X ELECTRICAL WORK
86–88 RESERVED
Add to the end of 1st paragraph in section 86-1.01A of RSS:
All street lighting work must conform to the latest editions of the City of Roseville Design and Construction Standards (including the latest amendments), Roseville Electric's Specifications For Commercial Construction, and Standard Construction Specifications.
Add to section 86-1.02A of RSS:
Enclosed waterproof in-line fuse holders rated 600 volts, Bussmann Mfg. Div. McGraw-Edison Co.'s TRON waterproof fuse holder Symbol HEB with fuses rated 600 volts, Buss Symbol KTK.
Replace Not Used in section 86-1.03 of RSS with:
86-1.03A General
Not Used
86-1.03B Lighting Standard Foundations
Install light standard on concrete foundation where indicated in plan.
City Engineer must approve foundation location prior to excavation.
Prepare a level surface on compacted earth, or level undisturbed earth for concrete foundation.
Foundation must be checked and approved by the City Engineer for level, and elevation prior to final concrete pour.
Install lighting standard vertical. Grout voids between metal bases of lighting standard and concrete base. 86-1.03C Direct Burial
Refer to City of Roseville Parks, Recreation & Libraries Department Technical Specifications for direct burial.
86-1.03D Grounding
Provide a bare copper equipment grounding conductor (same size as phase conductors) installed within the conduit. Terminate and bond equipment grounding conductor with suitable fitting in panel.
Bond lighting standards, conduit and equipment grounding conductors in lighting standard base with indent type splice connectors, insulated grounding bushings and ground lug on standard. 86-1.03E Fuse Holder and Fuses
Install in base of lighting standard per Roseville Electric recommendation for quick disconnect an inline fuse holder and 10 ampere fuse for each ungrounded conductor. Install fuse holders so that fuse is not energized when fuse holder is uncoupled.
Replace Not Used in section 86-1.04 of RSS with:
Payment for street lights, pull boxes and controllers for street lighting are included in the payment for "Street lighting".
Add to the end of 1st paragraph in section 87-1.01A of RSS:
All electrical work must conform to the latest editions of the Roseville Electric's Specifications For Commercial Construction (including the latest amendments), unless otherwise directed by specific comments or details in the electrical plans.
Replace Not Used in section 87-1.04 of RSS with:
The contract unit price paid lump sum for "Trenching, Conduit, and Boxes" includes excavation/bedding/backfill and restore, all equipment labor, materials, tools and incidentals, including control of water, shoring and bracing, all safety measures required, furnishing, placing and compacting sand bedding and encasement, trench backfill materials, and offsets and kicks to avoid obstructions, complete in place, as shown on the plans, per these special provisions, per the City Requirements, and as directed by the Engineer.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION XI MATERIALS
90 CONCRETE
Add to section 90-1.01A:
Any concrete surfaces that are to receive rock texture, including concrete barriers and wingwalls, shall be constructed using integrally colored concrete. Concrete for concrete barrier caps and sidewalk combined with concrete barrier shall also be constructed using integrally colored concrete. Integral color shall match model/style # C-16 Winter Beige available for inspection by bidders at LM Scofield.
Stamped concrete median shall be constructed using integrally colored concrete. Integral color shall match model/style # Schooner Beige available for inspection by bidders at LM Scofield.
You must not use SCM or admixtures that will inhibit beige concrete being achieved.
Replace Reserved in section 90-1.01C with:
Construct three test panels to demonstrate three different concrete mix designs that can achieve integrally colored concrete for each color.
The Engineer determines the authorized test panel.
Test panels must comply with section 51-1.01D(2)(c).
Add to section 90-1.01C:
90-1.01C(11) Polymer Fibers
Submit fiber manufacturer's product data and instructions for use.
Submit a certificate of compliance for each shipment and type of fibers.
Replace the row for bridge deck concrete in the table in the 1st paragraph of section 90-1.02A with:
Bridge deck concrete 0.032
Add to section 90-1.02G(6):
For concrete at locations shown in the below table, the ratio of the quantity of free water to the quantity of cementitious material must not exceed 0.45.
Location: Element:
Roseville Pkwy Overhead Br. No.19C0281 Abutment 1 and Abutment 4 footings, stems and wingwalls and Bent 2 and Bent 3 footings and
columns.
Add to section 90-1.02:
90-1.02K Polymer Fibers
Fibers must comply with ASTM D7508. Microfibers must be from 1/2 to 2 inches long. Macrofibers must be from 1 to 2-1/2 inches long.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
96 GEOSYNTHETICS
Add to section 96-1.02B:
Filter fabric for Roseville Pkwy Overhead abutment drain outlets must be Class A. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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COUNCIL COMMUNICATION
CC #: 2167
File #: 0704-01
Title: Audrey Huisking Park (formerly W-50D) - Award of Contract Contact: Ken Peterson 916-774-1233 [email protected] Meeting Date: 7/6/2022
Item #: 7.3.
RECOMMENDATION TO COUNCIL
Staff recommends City Council adopt a resolution to award the project to the apparent low bidder, Abide Builders, Inc., authorize the City Manager to execute the agreement, and authorize staff to approve change order requests in an amount not to exceed 10%.
BACKGROUND
Audrey Huisking Park (formerly, W-50D) is a 1.2-acre neighborhood park site located at the intersection of Garland Way and Meeker Way in the West Roseville Specific Plan. The park master plan was approved by City Council on July 21, 2021. Park amenities planned include a grass area for casual play with a large number of shade trees plantings, a children’s playground structure and a zip-line, concrete paved walking paths, a drinking fountain, multiple picnic tables and benches, security lighting, drought tolerant landscape areas and high efficiency irrigation. City Council approved the plans and specifications and authorized the call for bids at the April 20, 2022, meeting. Bids were opened on May 24, 2022 and staff received three bids. The bid results and architect’s estimate are as follows:
Bidder Total Lump Sum Bid
Abide Builders, Inc. $848,000
Brightview Landscape Development, Inc. $933,000
TJR Resources, Inc. $992,865
Architect's Estimate $919,000
Abide Builders, Inc.'s Total Lump Sum Bid for the park project including accepting the Base Bid and Add Alternative No. 1, which includes installation of sod turf grass, is 7.72% under budget.
Staff recommends award of the project to Abide Builders, Inc., in the amount of $848,000 for the Base Bid and Additive Alternative No. 1.
Contingency
During the course of a construction project, it is common to encounter unanticipated or changed conditions in the field which necessitate additions or other changes to the project and the contract.
Due to the complexity of this project, staff requests authorization to approve change order requests in an amount not to exceed 10% (up to $84,800) of the contract price in accordance with the terms and conditions of the contract.
FISCAL IMPACT
Funding for the park construction is provided through the West Roseville Neighborhood Park Fund and was appropriated in the FY2021-22 budget. Staff will recommend a budget adjustment for City Council approval if approved change orders result in the project costs exceeding the current budget. Maintenance of the park will be funded from the Westpark Community Facilities District No. 2 (Public Services). There will be no General Fund impact.
ENVIRONMENTAL REVIEW
Development of the W-50D Neighborhood Park] was previously evaluated in the West Roseville Specific Plan (WRSP) EIR (certified February 4, 2004, SCH No. 2002082057), and identified in the associated WRSP Specific Plan. Construction of the W-50D Neighborhood Park is within the scope of the project covered by the WRSP Final EIR. As discussed in the WRSP 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 WRSP Final EIR and Specific Plan, no new effects would be expected to occur and all applicable mitigation measures from the WRSP EIR will be implemented during the design and construction of the W-50D Neighborhood Park]. As such, no additional environmental documentation is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Ken Peterson, Park Development Project Manager
Jill Geller, Director, Parks, Recreation & Libraries
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Vicinity Map
Resolution 22-237
Audrey Huisking Park_Agreement
Audrey Huisking Park Bid Summary Sheet
Audrey Huisking Park (Formerly W-50D)
Copyright nearmap 2015, City of Roseville, City of Roseville, Maxar City Boundary
Planimetric Detail
Driveway
Pavement
Ramp
Sacramento Parcel
Roseville Parcel
Roseville Street Label
Park
3/3/2022, 2:34:42 PM
0 0.05 0.1 0.2 mi
0 0.07 0.15 0.3 km
1:9,028
Copyright: City of Roseville
Disclaimer: This map was prepared for general inquires only. The City is not liable for errors or omissions. Off icial informat ion should be obt ained f rom recorded or adopted City documents Audrey Huisking Park
Pleasant Grove
Wastewater Plant
Sierra Crossing
Park
Astill Family Park
RESOLUTION NO. 22-237
APPROVING AN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND ABIDE BUILDERS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an Agreement regarding the Audrey Huisking (formerly W-50D) Park Project, by and between the City of Roseville and Abide Builders, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville, as well as any addenda or documents necessary to fulfill its purpose.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to approve change orders for the project, consistent with the contract terms, provided that the net cost of all change orders shall not exceed ten percent (10%) of the contract price.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #: 2190
File #: 0203-09
Title: Water Meters and Related Parts - Sole Source Purchase Order Contact: Michael Simi 916-774-5753 [email protected] Meeting Date: 7/6/2022
Item #: 7.4.
RECOMMENDATION TO COUNCIL
Staff recommends City Council adopt a resolution approving a Sole Source Purchase Order with Thirkettle Corporation dba Aqua-Metric Sales Company for Sensus water meters and related parts for $3,000,000 in FY2022-23. In addition, staff requests this purchase order be renewed annually as follows, subject to budget approval: FY2023-24 estimated at $900,000. FY2024-25 estimated at $950,000; and FY2025-26 estimated at $975,000.
BACKGROUND
There are approximately 48,000 meters in the City’s water distribution system. Environmental Utilities (EU) uses Sensus water meters for all domestic, commercial, and irrigation consumption. This decision originated with a sole-source justification approved by City Council in 1990. Staff recommends continuing this product line because Sensus meters have proven reliable over the last 31 years and costs related to staff training, labor, and materials will be predictable and minimized. EU’s water utility regularly reviews other manufacturers, but trials have resulted in unacceptable failure rates and potential issues related to unproven technology. The only authorized local representative for Sensus meters is Thirkettle Corporation dba Aqua-Metric Sales Company who provide excellent customer service and work closely with EU’s Water Utility staff on all orders, including delivering critical products on short notice in emergency situations.
FISCAL IMPACT
For FY2022-23, funding for the purchase of new Sensus water meters ($250,000) through Thirkettle Corporation dba Aqua-Metric Sales Company will be from appropriations in the Water Operations Fund and reimbursed via meter sales to new development resulting in no change to the available resources in that fund.
Funding for the portion of the new meters slated to replace existing malfunctioning meters and those no longer supported by the manufacturer ($2,750,000) will be as follows: $1,500,000 from appropriations in the Water Rehabilitation Fund (a reduction in that fund’s available resources); $1,150,000 from the Advanced Metering Infrastructure (AMI) project; and $100,000 from appropriations in the Recycled Water operating budget in the Wastewater Operations Fund (a reduction to that fund’s available resources). Spending for future purchase order renewals will be contingent upon annual City Council budget approvals.
The table below shows the spending plan on these meters through FY2025-26:
FY2022-23 FY2023-24 FY2024-25 FY2025-26
Water
Operations
Fund
(to be
reimbursed by
$250,000 $250,000 $250,000 $250,000
reimbursed by
meter sales to
new
development)
$250,000 $250,000 $250,000 $250,000
Water
Rehabilitation
Fund
$1,500,000 $550,000 $600,000 $625,000
Wastewater
Operations
Fund
(Recycled
Water
operating
budget)
$100,000 $100,000 $100,000 $100,000
AMI project $1,150,000 TBD based on project TBD based on project TBD based on project Total $3,000,000 estimated $900,000 estimated $950,000 estimated $975,000
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. A purchase order meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E: Deliver exceptional City services
Goal F: Invest in well-planned infrastructure and growth Respectfully Submitted,
Michael Simi, Water Distribution Superintendent
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-260
RESOLUTION NO. 22-260
APPROVING A PURCHASE ORDER FOR THE PURCHASE OF
WATER METERS AND RELATED PARTS
WHEREAS, a purchase order for the purchase of water meters and related parts, between the City of Roseville and Thirkettle Corporation dba Aqua-Metric Sales Company, has been reviewed by the Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said purchase order renewal approved.
BE IT FURTHER RESOLVED that three (3) additional one (1) year renewals are hereby approved 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 ofRoseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #: 2180
File #: 0203-09 & 0201-01
Title:
Wastewater Treatment Plants Programmable Logic Controllers Rehabilitation Project – Contract Purchase Agreement and Budget Adjustment
Contact: Blaine Wiegel 916-746-1833 [email protected] Meeting Date: 7/6/2022
Item #: 7.5.
RECOMMENDATION TO COUNCIL
Staff recommends City Council adopt a resolution authorizing the City Manager to execute a contract purchase agreement with EMA, Inc. to provide programmable logic controllers (PLC) replacement, testing, panel installation/fabrication, programming integration, and engineering for EU’s Wastewater Treatment Plants PLC Rehabilitation project and adopt the associated budget adjustment ordinance.
BACKGROUND
The Environmental Utilities Department (EU) released RFP 08-093 Control Panel Upgrades to solicit proposals for programmable logic controllers (PLC) replacement, testing, panel installation/fabrication, programming integration, and engineering. EU’s wastewater staff evaluated the qualified vendors on overall proposals, cost, qualifications and experience. EMA Inc. was ranked first in overall scoring. The Wastewater Treatment Plant PLC Rehabilitation Project was initiated to replace end-of-life PLCs at both the Dry Creek and Pleasant Grove Wastewater Treatment Plants. These PLCs control vital automated processes that ensure the quality and compliance of wastewater treatment. During the course of the project, staff determined it was necessary to replace more PLCs than originally identified and to upgrade related equipment to ensure the compatibility between the automated processes.
FISCAL IMPACT
EU’s Wastewater Treatment Plants PLC Rehabilitation project requires an additional $1,800,000 from the available resources in the Wastewater Rehabilitation Fund for an increased scope of work. This brings the project’s approximate remaining budget to $4,550,300, which is enough to cover the new contract with EMA, Inc. (contract of $3,810,836.45 plus contingency of $381,083.65 totals $4,191,920.10) and $300,000 of new staff secondary labor charges. The project’s total lifetime budget will be $5,432,103. Since this is a regional wastewater project, the Wastewater Rehabilitation Fund will be reimbursed for approximately 35 percent (35%) of the project’s actual cost from its partners, the South Placer Municipal Utility District and Placer County.
For this $1,800,000 budget request, EU will be reimbursed approximately $630,000. This means the actual fiscal impact of this budget request to the available resources in the Wastewater Rehabilitation Fund will be $1,170,000 instead of $1,800,000. Overall, the City’s share of the project’s total lifetime budget will be approximately $3.5 million, which is the total lifetime budget less the estimated 35 percent reimbursement from the regional partners.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)). EMA Inc. Control Panel Upgrades does not include the potential for a significant environmental effect, and therefore is not subject to CEQA.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Blaine Wiegel, Preventative Maintenance Coordinator
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-248
Ordinance 6530
Budget Adjustment Project 400064
RESOLUTION NO. 22-248
APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THECITY OF ROSEVILLE AND EMA INC. DBA EMA OF MINNESOTA INC., AND AUTHORIZING
THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OFROSEVILLE WHEREAS, a contract purchase agreement (3002208), for the Wastewater Treatment Plants Programmable Logic Controllers Rehabilitation Project, by and between the City of Roseville and EMA Inc. dba EMA of Minnesota Inc., has been reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said contract purchase agreement is 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 , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
ORDINANCE NO. 6530
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCALYEAR 2022-23
BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2022-23, is hereby amended as listed on the attached budget adjustment for the Wastewater Treatment Plants Programmable Logic Controllers Rehabilitation Project.
SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.
SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.
PASSED AND ADOPTED by the Council of the City ofRoseville, this _ day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
6/15/20221:10 PM
1 REQUEST FOR BUDGET ADJUSTMENT
REQUESTER NAME & TITLE: Blaine Wiegel, Preventative Maintenance Coordinator FISCAL YEAR: 2022-23 PREPARER NAME & TITLE: Teri Quinlan, EU Business Analyst COUNCIL DATE (if applicable): 7/6/2022 DEPARTMENT/DIVISION: EU/Wastewater ORDINANCE:
EXPENDITURES/EXPENSES/TRANSFERS OUT
BUDGET ($)
Fund Account Center Project Adjustment
6230 5417 84001 400064 1,500,000
6230 5080 84001 400064 300,000
1,800,000
REVENUES/TRANSFERS IN
BUDGET ($)
Fund Account Center Project Adjustment
-
1,800,000
FUND BALANCE
BUDGET ($)
Fund Account Center Project Adjustment
6230 3601 0 (1,800,000)
(1,800,000)
Justification for Budget Adjustment:
REQUESTING DEPARTMENT HEAD / DESIGNEE DATE BUDGET MANAGER / DESIGNEE DATE
CHIEF FINANCIAL OFFICER / DESIGNEE DATE CITY MANAGER / DESIGNEE DATE
POSTED BY DATE
Revised: June 24, 2019
ACCOUNT STRING DESCRIPTION
TOTAL
REQUIRED APPROVALS:
BUDGET DEPARTMENT USE ONLY:
Project 400064 - Wastewater Treatment Plants Programmable Logic Controllers (PLC) Rehabilitation requires an additional $1,800,000 to complete remaining work including replacing additional PLCs and upgrading related equipment at both the Dry Creek and Pleasant Grove Wastewater Treatment Plants.
This budget adjustment requests the use of $1,800,000 of Wastewater Rehabilitation Fund available resources to cover the cost of a new contract with EMA, Inc. (contract amount is $3,810,836.45 with a contingency of $381,083.65 for a total of $4,191,920.10) plus additional staff secondary labor of $300,000. This adjustment brings the project's estimated remaining budget to $4,550,300 and its total lifetime budget to $5,432,103.
The reimbursement for this new secondary labor is already included in various Wastewater Operations Fund budgets for FY2022-23. Since this is a regional wastewater project, the City will be reimbursed approximately 35% of project costs from its partners, South Placer Municipal Utility District and Placer County.
Increase secondary labor budget for project #400064
TOTAL
TOTAL
ACCOUNT STRING DESCRIPTION
Increase repairs and maintenance budget for project
#400064
Reduce Wastewater Rehab Fund balance
NET ADJUSTMENT
ACCOUNT STRING DESCRIPTION
6/15/22
COUNCIL COMMUNICATION
CC #: 2175
File #: 0203-03
Title: Liquid Cationic Polymer (RFQ 10-3315) - Contract Purchase Agreement Contact: Becky Philipp 916-774-5724 [email protected] Meeting Date: 7/6/2022
Item #: 7.6.
RECOMMENDATION TO COUNCIL
Staff recommends City Council adopt a resolution to approve a contract purchase agreement (3002304) with Polydyne, Inc. for the supply and delivery of Liquid Cationic Polymer to be purchased on an as-needed basis, and authorize the City Manager to execute the agreement on behalf of the City of Roseville. Staff further requests authorization for the City Manager to execute four (4) additional one (1) year renewals without further Council approval, provided that the applicable budget is approved, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
BACKGROUND
The Dry Creek Wastewater Treatment Plant has an ongoing requirement for liquid cationic polymer. This chemical is used to dewater anaerobically digested sludge produced during wastewater treatment, which reduces the overall weight of the sludge, thus allowing for removal to the landfill at a reduced cost to the City. This chemical will be purchased by the Environmental Utilities Department as needed.
The bid award is based on the lowest annual total cost product after adding together three variables: polymer dosage, dewatering recovery and disposal costs. A formal request for bids was issued and the vendor responses are listed on the attached bid summary sheet.
FISCAL IMPACT
The estimated total award through June 30, 2023 is $400,000. Funding is included in the Environmental Utilities Department's FY2022-23 Dry Creek Wastewater Treatment Plant budget in the Wastewater Operations Fund. Spending for future renewals will be contingent upon Council approval of budgets. Projected spending for the optional renewal years is as follows: FY2023-24, $420,000; FY2024-25, $441,000; FY2025-26, $463,000; FY2026-27, $486,000.
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 (CEQA Guidelines §15061(b)(3)). The hauling and delivery of hazardous substances is regulated by the state.
Hazardous material transport consistent with applicable safety regulations should not result in a significant environmental effect. Therefore, the proposed Contract Purchase Agreement does not include the potential for significant environmental effect and is not subject to CEQA.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Becky Philipp, Buyer
Dennis Kauffman, Assistant City Manager/Chief Financial Officer _____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-244
Contract PurchaseAgreement
Bid Summary Sheet
RESOLUTION NO. 22-244
APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND POLYDYNE, INC., AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a contract purchase agreement (3002304) for the supply and delivery of liquid cationic polymer to the Dry Creek Wastewater Treatment Plant on an as-needed basis, between the City of Roseville and Polydyne, Inc., has been reviewed by the Council;and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is approved and the City Manager is authorized to execute it and all other related documents on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute four (4) 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 ofRoseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
Contract Purchase Agreement 3002304
Supplier Details:
Company Polydyne Incorporated
Contact Charles Scott
Address P O Box 279
1 Chemical Plant Road
Riceboro, GA 31323
Submit your response to:
Company City of Roseville
Contact "Becky" Rebecca Philipp
Address Purchasing Division
2075 Hilltop Circle
Roseville, CA 95747
Phone (916) 774-5724
Fax (916) 774-5736
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.
Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.
The following guidelines must be followed for the signature block on the agreement:
Sole proprietorship - By owner
Partnership - Any general partner
Corporation - Two options:
(1) A signature from the President and the corporate seal; OR (2) One signature from the Chairman of the Board, President, or any Vice President AND one signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation
*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.
Insurance requirements:
The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 DocuSign Envelope ID: 8D6944A0-6BAE-49B7-8540-562C627B8C81 Contract Purchase Agreement 3002304
Agreement 3002304
Agreement Date 03-JUN-2022
Revision 0
Agreement Amount 400,000.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Polydyne Incorporated
P O Box 279
1 Chemical Plant Road
Riceboro, GA 31323
Phone:
Fax:
Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:
Fax:
Email:
(916) 202-6191
()
[email protected]
Description of
Labor,
equipment
and/or materials
VENDOR SHALL SUPPLY AND DELIVER CLARIFLOC WE-2 TO THE DRY CREEK
WASTEWATER TREATMENT PLANT ON AN AS NEEDED BASIS AT A COST OF $1.55 PER POUND IN ACCORDANCE WITH ALL SPECIFICATIONS,
ATTACHMENTS, TERMS AND CONDITIONS OF RFQ 10-3315.
START DATE: UPON EXECUTED AGREEMENT
END DATE: 6/30/23
CONTACT JASON FICK AT THE DCWWTP AT 916-746-1940 OR
[email protected] FOR QUESTIONS REGARDING THIS CONTRACT. *The total amount listed is an approximation only. The City does not guarantee whatsoever the actual value of this contract.
Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 10689 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
"Becky" Rebecca Philipp Phone 1-916-774-5724
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office. 2 DocuSign Envelope ID: 8D6944A0-6BAE-49B7-8540-562C627B8C81 Contract Purchase Agreement 3002304
Contract Terms and Conditions
COR General
1. To the fullest extent allowed by law, Contractor shall defend, indemnify, and save and hold harmless City, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of Contractor's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from City's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
2. Contractor is an independent contractor, and shall not be considered an officer, agent or employee of the City.
3. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.
4. Time is of the essence of this Agreement.
5. At any time during the term of this Agreement, the City has the right to terminate this Agreement, provided Contractor is given thirty (30) days written notice. City's termination shall be without further liability to City; however, Contractor shall be entitled to all costs reasonably incurred prior to the date of termination. Contractor acknowledges that City may terminate this Agreement should funds not be appropriated by its governing body to continue services under this Agreement.
6. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties.
7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.
8. Unless notified to the contrary, in writing, the City assumes that the Contractor has accepted the work in accordance with the plans and specifications (if any) and agrees to do the work in compliance with this Agreement.
9. All fair employment practices must be adhered to. In addition, if the project referenced on this service agreement is a Public Works project, all prevailing wage laws must be complied with. For prevailing wage contracts over $25,000, copies of certified payroll must be submitted with invoices. Prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir. ca.gov/dlsr/DPreWageDetermination.htm.
10. Contractor agrees to the below insurance requirements:
a. Unless otherwise specified, the Contractor shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance coverage.
b. Form. Contractor shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney.
3 DocuSign Envelope ID: 8D6944A0-6BAE-49B7-8540-562C627B8C81 Contract Purchase Agreement 3002304
c. Additional Insureds. Contractor shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insureds for each type of coverage, except for Workers' Compensation. Such insurance shall specifically cover the contractual liability of Contractor. The additional insured coverage under the Contractor's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from City's insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (ISO) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be:
(1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.
d. Cancellation/Modification. Contractor shall provide ten (10) days written notice to City prior to cancellation or modification of any insurance required by this Agreement.
e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract) before City's own insurance shall be called upon to protect it as a named insured.
f. Subcontractors. Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor's work. Furthermore, Contractor shall require its subcontractors to agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement.
Additionally, Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of City's indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
g. Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
h. Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees and volunteers for all work performed by Contractor, its employees, agents and subcontractors. i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other provisions of this Agreement or law.
11. Contractor shall comply with all federal, state and local laws and ordinances, including but not limited to the City's storm water regulations, as may be applicable to the 4 DocuSign Envelope ID: 8D6944A0-6BAE-49B7-8540-562C627B8C81 Contract Purchase Agreement 3002304
performance of services under this Agreement. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. Refer to www.roseville. ca.us/stormwater for links to more information on the City's storm water regulations.
12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of this Agreement shall control.
13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by email delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original hereof.
14. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorneys' fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
15. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
16. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
17. For purposes of this Agreement, the terms "Contractor," "Consultant," and "Supplier" are used interchangeably.
18. If the project referenced on this agreement is a Public Works project, then the following shall apply: No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this agreement, Contractor and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
19. If the project referenced on this agreement is a Public Works project, then the following shall apply: Contractor must submit all claims as defined in and in accordance with the claim resolution process set forth in Section 9204 of the Public Contract Code. Each such claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the claim. All claims must be received prior to acceptance of the work.
20. Contractor certifies that Contractor, its employees, directors, officers, agents, subcontractors, vendors, and volunteers are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension or ineligibility by any federal, state, or local department or agency.
21. This Agreement may be amended via change order, but only if such change order is made in writing, approved by the City, and signed by both parties.
22. CONTRACTOR agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONTRACTOR and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONTRACTOR and CITY agree that: (a) CONTRACTOR is free from the control and direction of CITY in connection with the performance of the work; (b) CONTRACTOR is providing services directly to CITY; (c) CONTRACTOR has and will maintain at all 5 DocuSign Envelope ID: 8D6944A0-6BAE-49B7-8540-562C627B8C81 Contract Purchase Agreement 3002304
relevant times a business license; (d) CONTRACTOR maintains a business location that is separate from CITY; (e) CONTRACTOR is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONTRACTOR actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONTRACTOR advertises and holds itself out to the public as available to provide the same or similar services; (h) CONTRACTOR provides its own tools, vehicles, and equipment to perform the services; (i) CONTRACTOR has negotiated its own rates; (j) CONTRACTOR set its own hours and location of work in accomplishing CITY's on-call needs; and (k) CONTRACTOR has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
The supplier named hereon by the acceptance of this order agrees to the provisions of this document titled "Contract Purchase Agreement" and all accompanying terms, conditions, and attachments.
Roseville Business License No. ____________________________________ Contractor License No. ____________________________________________ DIR Registration No. _______________________________________________ Check mark the applicable company type below:
___________ Corporation
___________ Limited Liability Company
___________ Partnership
___________ Sole Proprietor
City Reserves the right to withold any payments to contractor in the event of noncompliance with insurance requirements or if required by law.
General T&C
REV 3/2/21 JS
6 DocuSign Envelope ID: 8D6944A0-6BAE-49B7-8540-562C627B8C81 X
N/A
N/A
R92JKJA
Contract Purchase Agreement 3002304
ATTACHMENT A
HUMAN RESOURCES/RISK MANAGEMENT DIVISION
INSURANCE REQUIREMENTS
AGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIES General - Required Coverage/Documentation
● General Liability: $1 Million per occurrence /$2 Million aggregate ● Automobile Liability: $1 Million combined single limit ● Workers' Compensation: Statutory *Must provide a Waiver of subrogation ● Additional Insured Endorsement (AIE) - General Liability policy: CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, its officers, agents, employees and volunteers as additional insured. ● Policies must be primary and non-contributory
● A 30 day notice of cancellation must be provided
● List certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth, GA 30096
Additional Liability/Insurance Requirements if required by Agreement (and marked below):
Construction:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:____
Professional Liability:
$1 Million/occurrence
No auto required
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
7 DocuSign Envelope ID: 8D6944A0-6BAE-49B7-8540-562C627B8C81 Contract Purchase Agreement 3002304
Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:__X__
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.
How It Works
● The vendor's contact information is entered into EBIX. EBIX will contact the vendor to request proof of insurance.
● The Vendor can forward the request to their Insurance Agent(s) if necessary. ● Vendor/Insurance Agent submits insurance to EBIX by email to [email protected] or by fax to (770) 325-5727. After faxing or emailing the certificate, please DO NOT send the certificate by mail to EBIX.
Please do not mail, email or fax any certificates to the City of Roseville. ● Once submitted, EBIX reviews the insurance documentation. If there are deficiencies, EBIX will send a follow up letter or email requesting additional information.
Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202 8 DocuSign Envelope ID: 8D6944A0-6BAE-49B7-8540-562C627B8C81 Contract Purchase Agreement 3002304
9 DocuSign Envelope ID: 8D6944A0-6BAE-49B7-8540-562C627B8C81 Assistant Secretary
Sr. Vice President
Boyd Stanley
Mark Schlag
COUNCIL COMMUNICATION
CC #: 2174
File #: 0203-07
Title: Energy Profiler Online System - Sole Source Contract Purchase Agreement Contact: Joanna Cucchi 916-746-1609 [email protected] Meeting Date: 7/6/2022
Item #: 7.7.
RECOMMENDATION TO COUNCIL
Staff recommends City Council adopt a resolution authorizing the City Manager to execute the attached three-year sole source contract purchase agreement, totaling $167,987, with Schneider Electric Smart Grid Solutions, LLC.
BACKGROUND
In 2001, the California Energy Commission identified a statewide need to provide certain electric customers with internet-based access to their electric usage to assist them in understanding and reducing energy consumption through energy efficiency programs. For Roseville Electric Utility, all large business and commercial customers with a peak demand above 250 KW are required to have access to this system.
Roseville Electric Utility has provided this service through the Energy Profiler Online (EPO) system. This software system is a Schneider Electric hosted internet based interactive system that provides electric customers with a website to view detailed electric usage data online. The program provides a valuable operations and maintenance tool to manage electricity usage, and provides the ability to quickly verify the results of energy efficiency retrofits and operational changes.
The EPO services provided by Schneider Electric will be ultimately provided by the City’s Advanced Metering Infrastructure (AMI) platform. Electric customers will transition to the AMI platform upon completion. AMI project scope changes and schedule delays have pushed the estimated completion date to mid-2024 and beyond the current Schneider Electric July 1, 2022 contract expiration date.
Changes to the service provider, Schneider Electric, at this time would require extensive staff time and additional costs to customers. These include, but are not limited to, setting up a new software system, retraining of staff and customers, possible loss of the customers’ historical data, risks associated with customer migration to the new software and service, and technical resources would need to be diverted from the City’s AMI project, creating further delays and increased costs.
FISCAL IMPACT
The total cost for the three-year service agreement is $167,987. The service agreement costs are $54,905 in FY2022-23, $55,989 in FY2023-24, and $57,093 in FY2024-25. Funding for the service agreement is included in the FY2022-23 Electric Fund budget. Future funding for FY2023-24 and FY2024-25 will be contingent on City Council approval of the respective Electric Fund 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.The approval of a contract purchase agreement meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
A - Remain fiscally responsible in a changing world.
Respectfully Submitted,
Joanna Cucchi, Senior Electric Business Analyst
Daniel Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-243
Schneider Contract - 3002313
RESOLUTION NO. 22-243
APPROVING A SOLE SOURCE CONTRACT PURCHASE AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND SCHNEIDER ELECTRIC SMART GRID
SOLUTIONS, LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON
BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a sole source contract purchase agreement (3002313) for the Energy Profiler Online System, between the City of Roseville and Schneider Electric Smart Grid Solutions, LLC, has been reviewed by the Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said sole source contract purchase agreement is 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 , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
Contract Purchase Agreement 3002313
Supplier Details:
Company Schneider Electric Smart Grid Solutions LLC
Contact Brinda Manian
Address 2620 East Prospect Rd
Ste 130
Fort Collins, CO 80526
Submit your response to:
Company City of Roseville
Contact "Becky" Rebecca Philipp
Address Purchasing Division
2075 Hilltop Circle
Roseville, CA 95747
Phone (916) 774-5724
Fax (916) 774-5736
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.
Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.
The following guidelines must be followed for the signature block on the agreement:
Sole proprietorship - By owner
Partnership - Any general partner
Corporation - Two options:
(1) A signature from the President and the corporate seal; OR (2) One signature from the Chairman of the Board, President, or any Vice President AND one signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation
*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.
Insurance requirements:
The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Contract Purchase Agreement 3002313
Agreement 3002313
Agreement Date 08-JUN-2022
Change Order 1
Change Order Date 15-JUN-2022
Revision 1
Agreement Amount 167,987.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Schneider Electric Smart Grid Solutions LLC
2620 East Prospect Rd
Ste 130
Fort Collins, CO 80526
Phone:
Fax:
Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:
Fax:
Email:
()
()
[email protected]
Description of
Labor,
equipment
and/or materials
VENDOR SHALL PROVIDE ENERGY PROFILER ONLINE IN ACCORDANCE WITH
THE ATTACHED NEGOTIATED SCHNEIDER ELECTRIC INTERNET BASED SOFTWARE LICENSE AND TERMS AND CONDITIONS.
START DATE: UPON EXECUTED AGREEMENT
END DATE: 6/30/25
PLEASE CONTACT PATRICK ZANARDELLI IN ELECTRIC AT (916) 774-5673 OR [email protected] FOR QUESTIONS REGARDING THIS AGREEMENT.
Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 15012 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
"Becky" Rebecca Philipp Phone 1-916-774-5724
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office. 2 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Contract Purchase Agreement 3002313
ATTACHMENT A
HUMAN RESOURCES/RISK MANAGEMENT DIVISION
INSURANCE REQUIREMENTS
AGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIES Negotiated for Schneider Electric Smart Grid Solutions, LLC 6/14/22 mtd General - Required Coverage/Documentation
● General Liability: $1 Million per occurrence /$2 Million aggregate ● Automobile Liability: $1 Million combined single limit ● Workers' Compensation: Statutory *Must provide a Waiver of subrogation ● Additional Insured Endorsement (AIE) – Only General Liability policy: CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, its officers, agents, employees and volunteers as additional insured. ● Policies must be primary and non-contributory
● A 30 day notice of cancellation must be provided
● List certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth, GA 30096
Additional Liability/Insurance Requirements if required by Agreement (and marked below):
Construction:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:__X__
Professional Liability:
$1 Million/occurrence
No auto required
Cyber Liability:
$1 Million/occurrence
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Contract Purchase Agreement 3002313
Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:____
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.
How It Works
● The vendor's contact information is entered into EBIX. EBIX will contact the vendor to request proof of insurance.
● The Vendor can forward the request to their Insurance Agent(s) if necessary. ● Vendor/Insurance Agent submits insurance to EBIX by email to [email protected] or by fax to (770) 325-5727. After faxing or emailing the certificate, please DO NOT send the certificate by mail to EBIX.
Please do not mail, email or fax any certificates to the City of Roseville. ● Once submitted, EBIX reviews the insurance documentation. If there are deficiencies, EBIX will send a follow up letter or email requesting additional information.
Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Contract Purchase Agreement 3002313
DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B CFO
Global Director of Operations
Drew Ditter
Greg McLellan
Rev 6/14/22 mtd Negotiated for Schneider Electric Smart Grid Solutions LLC Information Technology In the event of a conflict between the below Terms and Conditions and the Negotiated Schneider Electric Internet Based Software License, the Negotiated Schneider Electric Internet based Software License terms shall control.
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2. Consultant is an independent contractor, and shall not be considered an officer, agent or employee of the City.
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5. At any time during the term of this Agreement, the City has the right to terminate this Agreement, provided Consultant is given thirty (30) days’ written notice. City’s termination shall be without further liability to City, however Consultant shall be entitled to all costs reasonably incurred prior to the date of termination. Consultant acknowledges that City may terminate this Agreement should funds not be appropriated by its governing body to continue services under this Agreement.
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7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.
8. Unless notified to the contrary, in writing, the City assumes that the Consultant agrees to do the work in compliance with this Agreement.
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10a. Unless otherwise specified, the Consultant shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance coverage it requests from its Consultants. Should the City determine that Consultant’s insurance is not adequate, it has the option of terminating the contract.
10b. Form. Consultant shall submit a certificate evidencing such coverage for the period covered by this Agreement prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. If Risk Management and the City Attorney do not approve, the Agreement shall be terminated. 10c. Additional Insureds. Consultant shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insureds only for General Liability Such insurance shall specifically cover the contractual liability of Consultant. The additional insured coverage under the Consultant’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from City’s insurance or selfinsurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement.
10d. Cancellation/Modification. Consultant shall provide ten (10) days written notice to City prior to cancellation or reduction of any insurance required by this Agreement. 10e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance.
10f. Subconsultants. Consultant agrees to include in its contracts with all subconsultants the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subconsultant’s work. Furthermore, Consultant shall require its subconsultants to agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Additionally, Consultant shall obligate its DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Rev 6/14/22 mtd Negotiated for Schneider Electric Smart Grid Solutions LLC Information Technology subconsultants to comply with these same provisions with respect to any tertiary subconsultant, regardless of tier. A copy of City’s indemnity and insurance provisions will be furnished to the subconsultant or tertiary subconsultant upon request.
10g. This section is intentionally left blank
10h. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees and volunteers for all worked performed by Consultant, its employees, agents and sub consultants.
10i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be preclude City from taking such other actions as are available to it under any other provisions of this Agreement or law.
11. Consultant shall comply with all federal, state, local laws, ordinances and policies as may be applicable to the performance of services under this Agreement. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement.
12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of Schneider Electric Internet Based software License Agreement shall control.
13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof.
14. This section is intentionally left blank.
15. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
16. This section is intentionally left blank.
17. For purposes of this Agreement, the terms “Contractor” and “Consultant” are used interchangeably.
18. Consultant agrees that any and all information furnished by City shall be deemed proprietary and confidential. All such information, to the extent previously, presently or subsequently disclosed to Consultant and/or processed and derived by Consultant services is the property of City and such property shall be deemed and treated as “Confidential Information” of City. Consultant acknowledges that such Confidential Information may contain information provided and/or generated by third-parties. Consultant agrees that such Confidential Information shall not be disclosed to any third party without written permission from City, except as required by law. Consultant shall not use the Confidential Information except to perform Consultant’s services as directed by City.
19. All facilities, devices, networks and services used to store, deliver, process, backup or purge Confidential Information will employ administrative, physical, technical, and procedural safeguards and best practices at a level sufficient to secure Confidential Information from unauthorized access, destruction, use, modification, or disclosure. Such measures will be no less protective than those used to secure Consultant’s own information of a similar type, and in no event less than reasonable in view of the type and nature of the information involved. It is the City’s expectation that Consultant, at its own expense, shall perform annual audits for any data centers that house Confidential Information, using an independent third-party audit that meets industry standards applicable to the services under this Agreement, and provide the audit report or certification upon request to City.
DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Rev 6/14/22 mtd Negotiated for Schneider Electric Smart Grid Solutions LLC Information Technology
20. Consultant will retain Confidential Information until deleted by City or City-authorized third party, or for a time period mutually agreed upon by the parties to this Agreement.
21. Upon termination or expiration of this Agreement, Consultant will ensure that all Confidential Information is securely transferred to City within thirty (30) calendar days. Consultant will ensure that any transfer of Confidential Information is accomplished by methods that are compatible with the relevant City systems, and that City will have access to all Confidential Information during any such transfer. Consultant shall securely dispose of all Confidential Information when requested by City and Consultant will provide written notification to City once all Confidential Information has been securely disposed of.
22. Consultant shall report to City any data compromise or unauthorized access to Confidential Information within seventy-two (72) hours after Consultant discovers such data compromise or unauthorized access.
Consultant will take commercially reasonable measures to address any such data compromise or unauthorized access in a timely manner. Except as otherwise required by law, Consultant will not provide notice to end users or other entities of any such data compromise or unauthorized access without written permission from City.
23. Consultant may not advertise that City is a client, list City as a reference or otherwise use City’s name, logos, trademarks, or service marks without prior written permission from City.
24. Consultant acknowledges that services rendered under this agreement (including but not limited to service levels and operational levels) shall be performed in accordance with industry standards.
25. This section is intentionally left blank.
26. This section is intentionally left blank.
City reserves the right to withhold any payments to Consultant if required by law.
DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
SCHNEIDER ELECTRIC
INTERNET BASED SOFTWARE LICENSE
This Internet Based Software License (“Agreement”), between The City of Roseville, CA (“Purchaser”) and Schneider Electric Smart Grid Solutions, LLC (“Consultant” or “Schneider Electric”) is effective as of , 2022 (“Effective Date”). Purchaser and Consultant may sometimes hereinafter be referred to individually as a “Party” or collectively as “the Parties.” The specific terms which will apply to this Agreement are described below:
1. Definitions. The following definitions govern the meaning of these capitalized terms used in this Agreement. Other capitalized terms may be defined in an Exhibit to this Agreement or where first used in this Agreement.
(a) “Application Hosting Service” means the service by which the Software and Customer Data hosted or stored on servers or other equipment located within a datacenter facility, is made available through the Internet for remote use by Purchaser and Customers. (b) “Customer” means a customer of Purchaser.
(c) “Customer Data” means all Customer energy usage data or other Customer information provided to Schneider Electric hereunder for storage and access through the Application Hosting Service.
(d) “Software Documentation” means the standard documentation containing instructions for the operation and use of the Software and Application Hosting Service. (e) “Expiration Date” means the actual calendar date upon which the license granted under this Agreement expires. The Expiration Date may be extended by the Parties. (f) “Application Hosting Hardware” means servers or other equipment maintained by Schneider Electric, or partner, located within a datacenter facility controlled by Schneider Electric, or partner, and used for Application Hosting Service. (g) “Licensors” mean Schneider Electric together with third parties who have provided portions of the Software and Application Hosting Hardware, including, without limitation, Microsoft Corporation.
(h) “Meter” means an energy recording device providing data to the Application Hosting Service for the purpose of delivering the software service defined in Exhibit 1. (i) “Software” means all or any portion of the computer program(s) specified herein and as described more particularly in Exhibit 1. “Software” also includes all copies of any part of the Software, including upgrades, updates enhancements, new functionality, and modifications as well as the manual(s) and other printed materials accompanying the Software.
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(j) “Software Acceptance” means the date and time at which Purchaser has accepted or begins using the Application Hosting Service in its normal business processes, but, in any event, no sooner than after the Software has been loaded onto the Application Hosting Service’s servers or other equipment and linked to the internet and, with respect to any enhancements or updates to the Software, Software Acceptance shall be deemed to occur on the tenth day after such enhancements or updates to the Software have been loaded onto the Application Hosting Service’s servers or other equipment, linked to the internet, and made available to Purchaser for use (Schneider Electric must notify Purchaser in writing regarding availability) unless Purchaser notifies Schneider Electric in writing of its rejection of the Software prior to such date.
(k) “Sublicense Agreement” means a written agreement between Purchaser and a Customer whereby Purchaser grants to such Customer a limited, non-exclusive license to use the Software and the Application Hosting Services solely in connection with suchCustomer’s normal business purposes. Such Sublicense Agreement shall contain, at a minimum, the provisions of Sections 2(c), 4, 5, 6, 9, 10, 11, 12, 13 and 15. Such Sublicense Agreement shall prohibit Customers from further sublicensing the Software and the Application Hosting Service.
2. License
(a) Schneider Electric hereby grants Purchaser a personal, non-transferable (except as provided herein), non-exclusive, royalty free license during the term of this Agreement to use the Software only through the Application Hosting Service, and reproduce, publicly display and publicly perform the Software only as necessary in the course of such permitted use in connection with Purchaser’s normal business purposes.
Schneider Electric warrants and covenants that it holds all requisite rights to grant the foregoing license and has obtained any and all third party authorizations necessary to license the Software and provide the Application Hosting Service to Purchaser and Customers without infringing any intellectual property rights of any third party. (b) In connection with its authorized use of the Software and the Application Hosting Services, Purchaser shall have the right to sublicense the Software and Application Hosting Services to its Customers pursuant to a valid Sublicense Agreement. (c) Except as expressly permitted herein, Purchaser shall not have the right to (a) to give, sell, sub-license, lease, or distribute any portion of the Software, Application Hosting Service, or the license granted herein to any third party unless expressly authorized in advance and in writing by Schneider, or (b) to offer service bureau, out-sourcing or other similar services or products using the Software or the Application Hosting Service, without first obtaining Schneider’s prior written consent, which may be withheld at Schneider’s sole discretion. Except for the license rights expressly granted by Schneider to Purchaser pursuant to this Section 2, Purchaser shall acquire no right, title or interest of any kind or nature whatsoever in or to the Software, Application Hosting Service or any patent, copyright, trade secret or trademark of Schneider Electric or Schneider Electric’s Licensors. Nothing in this Agreement shall be deemed to convey to Purchaser any title or ownership whatsoever in or to the Software, the Application Hosting Service or any individual part thereof.
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(d) Subject to the confidentiality provisions set forth in the Agreement, Purchaser hereby grants to Schneider Electric a limited, non-exclusive, non-transferable license to use, upload, display, copy, and store Customer Data for the term of this Agreement solely for the purpose of delivering the Application Hosting Service pursuant to this Agreement.
Purchaser agrees that it shall have sole responsibility and liability for: (i) acquiring any and all authorization(s) necessary for use of Customer Data as contemplated by this Agreement; (ii) the completeness and accuracy of all of Customer Data and other materials provided to Schneider Electric by Purchaser pursuant to this Agreement; and (iii) ensuring that Customer Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property rights, or misappropriate the trade secret, of any third party. Purchaser retains all rights not expressly conveyed to Schneider Electric hereunder. Purchaser shall retain ownership of Customer Data. (e) Each party hereby grants the other party a limited, non-exclusive, non-transferable license to use and display its insignia logos, trademarks, trade name or service marks (collectively, the “Marks”) solely for the purpose of using, developing and delivering the Application Hosting Service pursuant to this Agreement. No use or display of a party’s Marks shall be made by the other party without prior written approval from the party owning the Marks. All use of a party’s Marks will inure to the benefit of the party owning the Marks.
Upon termination of this Agreement, each party shall immediately cease all of use of the other party’s Marks.
(f) Use and True Ups. Purchaser may not exceed by twenty percent (20%) the total number of Meters for which Purchaser has paid the applicable fees at any time for a period greater than two (2) consecutive months. In the event that Schneider Electric learns of such an occurrence, Schneider Electric shall have the right to invoice Purchaser for the additional Meters and Purchaser will pay no later than thirty (30) days from the date of the invoice.
Amount paid shall be prorated and coterminous with existing subscriptions. Purchaser may at any time may exceed the total number of Meters for which Purchaser has paid the applicable fees for on a temporary basis in order to address the Purchaser’s needs to gather information resulting from unplanned or catastrophic circumstances.
Prior to the end of an annual subscription term, Schneider Electric will analyze the Purchaser’s actual usage of Software or Application Hosted Service for the entire term. If Purchaser’s average usage during the term exceeds by ten percent (10%) the total number of Meters for which Purchaser has paid the applicable fees, Schneider Electric shall have the right to automatically true up Purchaser’s subscription count and invoice Purchaser for those additional Meters. Purchaser will pay no later than thirty (30) days from the date of the invoice.
3. Software and Data Delivery
(a) Schneider Electric will design, develop and operate the Software that will run the Application Hosting Service in accordance with the Software Documentation. Purchaser and Customers will access and use the Software through the Application Hosting Service as described in this Agreement. Exhibit 1 hereto more fully describes the Software and any associated material and services provided to Purchaser under this Agreement. 3 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
(b) Purchaser shall deliver Customer Data in accordance with the specifications set forth in Exhibit 3. Should Purchaser deliver the Customer Data in a format other than as so specified, Schneider Electric reserves the right to collect additional fees from Purchaser.
Such fees must be pre-approved in writing by Purchaser and, if based on time and material rates, shall not exceed the hourly rate set forth in Exhibit 2 times the hours of work performed.
4. Copyright/Proprietary Protection.
Purchaser acknowledges and agrees that Schneider Electric or its Licensors own all right, title and interest in and to the Software, including all codes, techniques, software tools, formats, designs, structures, interactions, concepts, methods and ideas associated therewith and all patents, copyrights, trademarks and trade secrets relating thereto and that the Software is protected by United States and International copyright laws and international trade provisions.
Purchaser shall not alter or remove any copyright notice or any proprietary legend contained in or located on any part of the Software and shall reproduce and maintain all such copyright notices or proprietary legends in and on any copies of the Software that Purchaser makes as permitted by this Agreement. Subject to the license granted to Purchaser in Section 3 and Purchaser’s rights in the Customer Data and the Marks, there is no transfer to Purchaser of any right, title to or ownership of the Software, or any component thereof, or any patent, copyright, trade secret, trade name, trademark, and other proprietary rights related to the Software, regardless of the form in which the original or other copies may exist. Schneider Electric may replace, modify, alter, improve, enhance, or change the Software at any time provided that 1) such changes do not result in a material decrease in the level of service or Software capability; 2) Schneider Electric provides Purchaser with thirty (30) days advance notification; and 3) such changes are adequately documented in writing and provided to Purchaser.
5. Prohibited Uses
Except as expressly permitted herein, Purchaser may not:
(a) Modify the Software or merge it with another program or any part thereof for any purpose whatsoever. Notwithstanding the foregoing, any modified or merged portion of the Software shall become the sole and exclusive property of Schneider Electric, and shall be subject to the terms and conditions of this Agreement. Purchaser shall execute such documents as are reasonably necessary to transfer and validate Schneider Electric’s ownership of the Software.
(b) Operate the Software beyond the Expiration Date, if any, or after any termination of the license granted in this Agreement.
(c) Translate or create derivative works based on the Software.
Because a violation of Purchaser’s obligations under this provision could cause injury to Schneider Electric which could not be remedied adequately by an action at law for damages, in the event of such violation, Schneider Electric may seek and receive injunctive and other equitable relief in addition to damages and other available relief. In addition, should Purchaser or any third party use the Software in a manner other than as permitted hereunder, or under this Agreement, Schneider Electric may, without prejudice to any other rights it may have, terminate Purchaser’s rights 4 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
hereunder. In such a case, Purchaser must immediately void all use of the Software that Purchaser has access.
6. Warranties.
(a) Schneider Electric warrants that the Software and Application Hosted Services will perform its essential functions as specified herein and in the Software Documentation for ninety (90) days after Software Acceptance. If such Software or Application Hosted Services fail to conform to such warranty, Schneider Electric will, at Purchaser’s option, either promptly provide an update to correct the non-conformance, replace the Software or Application Hosted Service with the latest available version containing a correction, or refund all fees paid by Purchaser pursuant to this Agreement. (b)Schneider Electric warrants that neither the Software nor the Application Hosting Service will (i) infringe any patents, copyrights, trademarks or other intellectual property rights, or misappropriate the trade secrets, of any third party; (ii) violate any rights of publicity or privacy of any third party, (iii) violate any law, statute, ordinance or regulation (including, without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination and false advertising), (iv) be defamatory, trade libelous, threatening, harassing or illegal, (v) be obscene, child pornographic or indecent, or (vi) contain any malicious software intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Schneider Electric further warrants that none of its Marks will infringe any patents, copyrights, trademarks or other intellectual property rights, or misappropriate the trade secrets of any third party. (c) No written or oral information or advice given by Schneider Electric, its agents or employees will in any way increase the scope of the warranties set forth herein. Nor may Purchaser rely on any such written or oral communication, unless such written communication is in the form of an amendment to this Agreement. (d) EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SOFTWARE AND THE APPLICATION HOSTING SERVICE ARE PROVIDED “AS IS” AND SCHNEIDER
ELECTRIC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. SCHNEIDER ELECTRIC DISCLAIMS ALL OTHER
WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIESOF
MERCHANTABILITY, ACCURACY, PERFORMANCE, EFFORT, FITNESS FOR A PARTICULAR PURPOSE. SCHNEIDER ELECTRIC MAKES NO WARRANTY AGAINST INTERFERENCE WITH PURCHASER’S ENJOYMENT OF THE SOFTWARE OR THE APPLICATION HOSTING SERVICE. SCHNEIDER ELECTRIC DOES NOT WARRANT THAT PURCHASER’S USE OF THE SOFTWARE OR THE APPLICATION HOSTING
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND SCHNEIDER
ELECTRIC DOES NOT WARRANT AS TO ANY RESULTS THAT MAY BE OBTAINED BY PURCHASER’S USE OF THE SOFTWARE OR THE APPLICATION HOSTING SERVICE. SCHNEIDER ELECTRIC DOES NOT WARRANT THAT EVERY FEATURE
OR ERROR IN THE SOFTWARE OR THE APPLICATION HOSTING SERVICE WILL BE
CORRECTED, OR THAT THE SOFTWARE OR THE APPLICATION HOSTING SERVICE WILL MEET PURCHASER’S REQUIREMENTS.
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(e) Schneider Electric specifically disclaims any warranty as to the accuracy of Customer Data.
(f) Purchaser warrants that none of the Customer Data will (i) infringe any patents, copyrights, trademarks or other intellectual property rights, or misappropriate the trade secrets, of any third party; (ii) violate any rights of publicity or privacy of any third party, (iii) violate any law, statute, ordinance or regulation (including, without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination and false advertising), (iv) be defamatory, trade libelous, threatening, harassing or illegal, (v) be obscene, child pornographic or indecent, or (vi) contain any malicious software intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate the Software, Application Hosting Service or any system, data or personal information. Purchaser further warrants that none of its Marks will infringe any patents, copyrights, trademarks or other intellectual property rights, or misappropriate the trade secrets of any third party.
7. Monthly Licensing, Maintenance and Operations
The following services are included in Licensing, Maintenance and Operations Fees set forth in Exhibit A1:
(a) Schneider Electric shall provide telephone and email support to Purchaser in the form of advice and counsel on Purchaser’s use of the Software and the Application Hosting Service. Support by Schneider Electric shall be provided Monday through Friday from 8:00 a.m. to 5:00 p.m. (PT), exclusive of those holidays observed by Schneider Electric.
Schneider Electric shall have no obligation to provide any support or maintenance with respect to the Software or the Application Hosting Services directly to Purchaser’s Customers. Purchaser shall provide such support to its Customers with respect to the Software and the Application Hosting Service.
(b) Schneider Electric shall use commercially reasonable efforts to provide solutions, changes and corrections to the Software or the Application Hosting Service as are required to correct software bugs that are either identified and reported by Purchaser to Schneider Electric or are diagnosed by Schneider Electric.
(c) Schneider Electric shall provide upgrades enhancements, documentation and other items relating to the Software, which Schneider Electric makes available to its general client base for no additional charge.
Notwithstanding anything to the contrary in this Agreement, Schneider Electric shall have the right to terminate all maintenance and support for the Software and/or the Application Hosting Service upon one hundred eighty (180) days’ prior written notice to Purchaser. In the event Schneider Electric terminates maintenance and support for which Purchaser has already paid, Schneider Electric will promptly refund such pro-rated funds to Purchaser.
8. Pricing, Invoicing and Taxes.
As full consideration for the satisfactory performance of Schneider Electric’s obligations under this Agreement, Purchaser will pay Schneider Electric in accordance with Exhibit 2 which describes the fees and schedule of payment with respect to the Software, Application Hosted Service agreed by the parties to be provided to Purchaser as of the execution date of this Agreement. 6 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
Should Purchaser elect to expand the scope of the use of the Software, Application Hosted Service and/or hardware beyond the scope of the licenses granted as of the time of the execution of this Agreement, the prices and payment terms therefore will be negotiated at that time.
The price excludes all present or future sales taxes, excise taxes, value-added taxes, import and export duties and any other taxes, surcharges or duties now existing or hereafter imposed by Government authorities upon equipment and/or services quoted by the Consultant. Purchaser shall be responsible for all such taxes and duties resulting from this agreement. The Consultant is required to impose taxes on orders and shall invoice the Purchaser for such taxes and/or fees according to state and local statute, unless the Purchaser furnishes the Consultant at the time of order with a properly completed exemption certificate(s) acceptable to the authorities imposing the tax or fees.
9. Term and Interruptions.
(a) The initial term of this Agreement shall commence on the Effective Date and continue in force for thirty-six (36) months.
(b) Upon any expiration or termination of this Agreement, Purchaser’s right to use the Software or Application Hosted Service shall terminate immediately, all Sublicense Agreements between Purchaser and its Customers shall terminate immediately, and Purchaser shall cease use of the Software and Application Hosted Service. Following termination of this Agreement, unless otherwise prohibited by applicable law or regulation, Purchaser shall destroy or return to Schneider Electric all materials related to this Agreement including, but not limited to, copies of Schneider Electric Confidential Information within fifteen (15) days after receipt of written notice. (c) Service Interruption. Purchaser's access to and use of Software or Application Hosted Service may be temporarily unavailable, without prior notice, for any unanticipated or unscheduled downtime or unavailability of all or any portion of Software or Application Hosted Service, including system failure or other events beyond the reasonable control of Schneider Electric or its affiliates.
(d) Service Suspension. Schneider Electric and its affiliates shall be entitled, without any liability to Purchaser, to suspend access to any portion or all of Software or Application Hosted Service at any time on a service-wide basis (a) if Purchaser breaches the Agreement, exceeds Purchaser's usage limits, and fails to purchase additional license capacity sufficient to support Purchaser's continued use of Software or Application Hosted Service as described in Article 5 of this Addendum; (b) if there is reason to believe that Purchaser's use of Software or Application Hosted Service will adversely affect the integrity, functionality, or usability of the Software or Application Hosted Service or that Schneider Electric and its licensors may incur liability by not suspending Purchaser's account; (c) for scheduled downtime to conduct maintenance or make modifications to Software or Application Hosted Service; (d) in the event of a threat or attack on Software or Application Hosted Service (including a denial-of-service attack) or other event that may create a risk to the applicable part of Software or Application Hosted Service; or (e) in the event that Schneider Electric or its licensors determine that Software or Application Hosted Service (or portions thereof) are prohibited by law or otherwise that it is necessary or prudent to do so for legal or regulatory reasons. If warranted under these circumstances, Purchaser will be notified of any Service Suspension beforehand and allowed reasonable opportunity to take remedial action.
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(e) Schneider Electric is not responsible for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Purchaser or any Purchaser customer may incur as a result of any service interruption or service suspension. (f) The provisions of Sections 4, 10, 11, 12, 13 and 15 will survive the expiration or termination of this Agreement.
10. Export Restrictions and Government Rights
Purchaser agrees that it does not intend to, nor will it knowingly, directly or indirectly, export or transmit the Software or related documentation and technical data (or any part thereof) to any country to which the export or transmission is restricted by any applicable U.S. regulation or statute, without the prior, express written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other government entity as may have or obtain jurisdiction over such export or transmission. The Software and Application Hosting Service are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure of the Software by any department or agency of the federal government is subject to restriction as set forth in subparagraph (b)(3) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or in the Commercial Computer Software License at 48 CFR 52.227-19, as applicable. For purposes thereof, "Contractor" is Schneider Electric.
11. Confidentiality
Purchaser acknowledges that the Software and Software Documentation constitutes the proprietary and confidential information of Schneider Electric. Without the prior written approval of Schneider Electric, Purchaser shall not disclose any confidential information to any third party or allow any person to have access to the Software and Software Documentation or any portion thereof except for such of its employees and Contractors who:
(i) need access to such information for purposes related to their employment with Purchaser;
(ii) have been informed of the Purchaser's obligation of confidence under this Agreement; and
(iii) are subject to either a binding and enforceable agreement with Purchaser to be bound by such obligation of confidence or a written agreement of confidentiality directly with Schneider Electric.
a. Exceptions. The obligations of this provision shall not apply to information:
(i) which was in Purchaser's possession without any obligation of confidentiality prior to the disclosure thereof by Schneider Electric to Purchaser and was not acquired by Purchaser directly or indirectly from Schneider Electric; (ii) which is or later becomes a matter of public knowledge without any fault or negligence on the part of Purchaser;
(iii) which Purchaser receives without any obligation of confidentiality from a third party who is rightfully in possession of such information; or (v) which Purchaser is required by law to disclose.
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b. Remedies for Breach. Purchaser acknowledges and agrees that disclosure of any of the confidential information of Schneider Electric would cause serious and irreparable harm to Schneider Electric which could not adequately be compensated for in damages and, in the event of a breach, or an anticipated breach, by Purchaser of any of the provisions of this Agreement, Purchaser hereby consents to an injunction being issued against it restraining it from such anticipated breach or any further breach of such provision (as applicable), but such action shall not be construed so as to be in derogation of any other remedy which may be available in the event of such breach or anticipated breach.
Purchaser shall immediately notify Schneider Electric of any unauthorized possession, use or knowledge of Schneider Electric’s confidential information which becomes known to a responsible officer of Purchaser.
12. Limitation of Liability
a. IN NO EVENT SHALL SCHNEIDER ELECTRIC BE LIABLE TO THE PURCHASER FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY
BUSINESS, LOSS OF ANY GOODWILL, OR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PURCHASER’S ACCESS TO OR INABILITY TO ACCESS THE APPLICATION HOSTING SERVICE OR THE PURCHASER’S USE OR INABILITY TO
USE THE SOFTWARE OR DOCUMENTATION OR ANY MATERIAL, DOCUMENT OR
INFORMATION MADE AVAILABLE OR OTHERWISE PROVIDED TO PURCHASER FROM THE PURCHASER’S USE OF THE SOFTWARE OR DOCUMENTATION,
WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL GROUND
AND EVEN IF SCHNEIDER ELECTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. EXCEPT IN CASE OF (i) SCHNEIDER ELECTRIC’S FRAUD OR FRAUDULENT MISREPRESENTATION, (ii) SCHNEIDER ELECTRIC’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (iii) DEATH OR INJURY TO AN INDIVIDUAL PERSON WHERE NO LIMITATION OF LIABILITY SHALL APPLY, SCHNEIDER ELECTRIC’S
TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
THE APPLICATION HOSTING SERVICE, THE SOFTWARE OR DOCUMENTATION OR
ANY COMPONENT THEREOF, SHALL BE LIMITED TO AND SHALL IN NO EVENT
EXCEED THE TOTAL AMOUNT PAID BY THE PURCHASER FOR THE SOFTWARE
OR DOCUMENTATION UNDER THIS AGREEMENT
c. SCHNEIDER ELECTRIC SHALL NOT BE LIABLE TO THE PURCHASER FOR ANY
DAMAGE, LOSS, PENALTY, SURCHARGES, INTEREST OR MONETARY LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE PURCHASER’S ACCESS TO OR
INABILITY TO ACCESS THE APPLICATION HOSTING SERVICE OR THE PURCHASER’S USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION
OR ANY MATERIAL, DOCUMENT OR INFORMATION MADE AVAILABLE OR
OTHERWISE PROVIDED TO THE PURCHASER FROM ITS USE OF THE SOFTWARE OR DOCUMENTATION, THAT IS DUE TO (i) THE SUPPLY BY THE PURCHASER OF INCORRECT OR INCOMPLETE INFORMATION, (ii) THE FAILURE BY THE
PURCHASER TO SUPPLY ANY REQUISITE INFORMATION REQUESTED BY SCHNEIDER ELECTRIC, OR (iii) ANY WILLFUL ACT, OMISSION, NON9 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
PERFORMANCE OR DELAY ATTRIBUTABLE TO OR CAUSED BY THE PURCHASER,
ITS SUBCONTRACTORS, EMPLOYEES OR ANY OTHER THIRD PARTY BEING UNDER THE PURCHASER’S CONTROL.
d. SCHNEIDER ELECTRIC’S LIABILITY ARISING OUT OF THESE TERMS &
CONDITIONS IS REDUCED PROPORTIONALLY TO THE EXTENT TO WHICH THE WILLFUL ACT OR OMISSION IS THE RESPONSIBILITY OF PURCHASER.
THE EXCLUSIONS, LIMITATIONS AND DISCLAIMERS OF WARRANTY OR LIABILITY
STATED IN THESE TERMS & CONDITIONS SHALL APPLY ONLY TO THE EXTENT
PERMITTED BY THE LAW APPLICABLE TO THESE TERMS & CONDITIONS AND DO
NOT AFFECT OR PREJUDICE STATUTORY RIGHTS WHICH, AS THE CASE MAY BE,
BENEFIT PURCHASER UNDER MANDATORY OR PUBLIC ORDER LAWS OR
REGULATIONS APPLICABLE IN ANY COUNTRY WHERE PURCHASER WILL
DOWNLOAD, INSTALL OR USE THE SOFTWARE OR APPLICATION HOSTING SERVICE.
13. Indemnification.
a. Purchaser shall defend, indemnify, and hold harmless Schneider Electric, its Affiliates and each of their respective officers, directors, employees, licensors, contractors, successors and assigns from and against any and all claims, actions, suits, demands, proceedings, judgments, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising from Purchaser’s sole negligence related to (i) any Purchaser Data; (ii) any breach by Purchaser of any of Purchaser obligations under this Agreement such as but not limited to any unauthorized access to the Application Hosting Service and/or any unauthorized use of the Software or Documentation; (iii) any failure by Purchaser to comply with any applicable law and/or regulation including without limitation any failure of Purchaser to obtain all legally required consents to upload and/or otherwise use Purchaser Data in connection with Purchaser use of the Software, (iv) any use of the Software in combination with any equipment, software or solution not supplied, not specified or otherwise not approved by Schneider Electric; (v) any modification or alteration of the Application Hosting Service or Software by anyone other than Schneider Electric without the written approval of Schneider Electric; and/or (vi) any claim that any information (including but not limited to Purchaser Data), designs, specifications, instructions, software, service, data, hardware or material furnished by Purchaser or otherwise used or uploaded by Purchaser in connection with the Software or Documentation infringes or misappropriates the Intellectual Property Rights of any third-party.
b. Subject to the limitations set forth in Section 12, Schneider Electric will defend and indemnify Purchaser against a third-party claim that the Software, Documentation or Application Hosting Service infringe any Intellectual Property Right hereinafter the “IP Claim”, provided that (i) Purchaser notify Schneider Electric of the IP Claim in writing immediately upon Purchaser awareness of such IP Claim; (ii) Purchaser give Schneider Electric authority and control of the defense of such IP Claim and all related settlement negotiations; and (iii) Purchaser provide the assistance, information and authority necessary in order for Schneider Electric to handle the defense and settlement of such IP Claim and perform its obligations under this Section 13.b. If the the Application Hosting Service, Software and/or Documentation is held or believed by Schneider Electric 10 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
to constitute an infringement or misappropriation as per this Section 13.b, then Schneider Electric promptly: (i) obtain for Purchaser the right to continue using the Application Hosting Service and/or as applicable, the Software or Documentation; (ii) replace or modify the Application Hosting Service, Software and/or Documentation to make it noninfringing; or (iii) if it is not economically or commercially reasonable to perform either (i) or (ii) above then Schneider Electric may require Purchaser, upon advance written notice, to stop using such Application Hosting Service, Software and/or Documentation and refund to Purchaser any amount for the Software that Purchaser would have pre-paid to Schneider Electric on a pro-rated basis for the corresponding unused portion of the Term.
This Section 13.b. states Purchaser’s sole and exclusive remedy against Schneider Electric and Schneider Electric’s liability for any IP Claim under this Section 13.b. c. To the extent permitted by law, Schneider Electric will have no liability to the Purchaser under Section 13.b of this Agreement for any IP Claim that arises from Purchaser’s sole negligence related to: (i) any Purchaser Data; (ii) any breach by Purchaser of any of Purchaser obligations under this Agreement such as but not limited to any unauthorized access to the Application Hosting Service and/or any unauthorized use of the Software or Documentation; (iii) any misuse by Purchaser of the Application Hosting Service and/or the Software or Documentation such as but not limited to Purchaser use of the Application Hosting Service and/or the Software or Documentation in a manner contrary to the Software or Documentation instructions as provided to Purchaser by Schneider Electric; (iv) any failure by Purchaser to comply with any applicable law and/or regulation including without limitation any failure of Purchaser to obtain all legally required consents to upload and/or otherwise use the Purchaser Data in connection with Purchaser use of the Software or Documentation; (v) any use of the Application Hosting Service or Software in combination with any equipment, software or solution not supplied, specified or otherwise approved by Schneider Electric; (vi) any modifications to the Application Hosting Service or Software made by a party other than Schneider Electric, unless such modification is approved by or recommended by Schneider Electric; (vii) any modifications to the Application Hosting Service or Software made by Schneider Electric pursuant to Purchaser’s specifications (except where Schneider Electric knew or should have known that such modification was likely to result in a Claim, or where the Claim is the result of Schneider Electric’s choice of the method of implementation from among competing methods of implementation and the method selected by Schneider Electric was within Schneider Electric’s discretion); (viii) the continued access to the Application Hosting Service and/or the use of the Software or Documentation by the Purchaser after notice by Schneider Electric or any appropriate authority to the Purchaser of the alleged or actual infringement or misappropriation of any third-party’s Intellectual Property Right by the Application Hosting Service and/or the Software or Documentation, or (ix) Purchaser failure to use corrections or enhancements made available by Schneider Electric.
14. Customization Charges
(a) Purchaser may request and Schneider Electric agrees to negotiate in good faith any customization changes to the Application Hosting Service, and for assistance in Purchaser’s related services (collectively “Added Services”). In the event Purchaser requests any Added Services, and Schneider Electric agrees to provide any such Added Services, Schneider Electric’s agreement to undertake any Added Services may be conditioned on Purchaser’s agreement in the form of an addendum to this Agreement to pay for all work related to any such Added Services. Unless otherwise agreed to by the 11 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
parties, Schneider Electric’s fees for any Added Services shall be based on Schneider Electric’s Time and Materials rates set forth in Exhibit 2. (b)Purchaser shall not acquire any ownership to any component or part of the Software, including the source code and documentation, or arising as a result of any and all Added Services performed by Schneider Electric, and Purchaser shall execute such documents as are reasonably necessary to transfer and confirm Schneider Electric’s ownership therein. All customized software shall be subject to the terms and conditions of this Agreement unless otherwise agreed to by the parties.
(c) Unless otherwise agreed to by the parties, Schneider Electric may offer software developed as a result of Added Services previously requested and paid for by Purchaser as a Software enhancement to third parties.
15. General Provisions
(a) In the event legal action is required to enforce or interpret this Agreement, the prevailing party will be entitled to recover reasonable costs it incurred in such action, including reasonable attorneys’ fees.
(b) Purchaser and its Customers may use the Software and Application Hosting Service only for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening, obscene, pornographic, or profane, or material protected by trade secrets.
(d) Neither the Agreement nor any interest therein nor any claim arising therefrom shall be assigned by either party to any person, firm or corporation without the written consent of the other party. Notwithstanding any other terms or provisions to the contrary, no provision of this Agreement shall be construed to limit Purchaser's authority or right to assign all of its authority, rights or obligations under this Agreement to any corporation or any other business entity which is the result of or the survivor of a merger, consolidation or other business combination to which Purchaser is a party. Nothing herein shall be construedto give any rights or benefits hereunder to anyone other than the Purchaser and Schneider Electric.
Subject to the licensing grant and restrictions provided herein, no provision of this contract shall be construed as limiting Purchaser’s right to permit its divisions, affiliates, and subsidiary companies to use or benefit from the Software or Application Hosted Services provided for in this Agreement.
(e) The validity, construction, and interpretation of the terms and conditions herein and all rights and duties of the parties shall be governed by the substantive laws of the State of California without regard to conflict of laws rules. Each party further agrees that any legal action filed against the other party will be venued only in State of California, unless otherwise mutually agreed upon between the parties. Any conflict between the terms of 12 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
this Agreement and any Purchase Order or other terms shall be resolved in favor of the terms of this Agreement.
(f) This Agreement shall constitute the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto.
(g) Additional Software: Additional Software purchased by Purchaser shall be governed by the terms and conditions of the Agreement and may be purchased without an amendment. (h) Severability: If any provision or portion of a provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected, and the remaining terms will continue in effect and be binding on the Parties, provided that such holding of invalidity or unenforceability does not materially affect the essence of theAgreement. (i) No Implied Waivers: No failure or delay by Schneider Electric in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Schneider Electric. (j) Order of Precedence: Any conflict between the terms of this License Agreement and any Purchase Order or other terms shall be resolved in favor of the terms of this License Agreement.
(k) Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the State of California without reference to conflict of laws principles. (l) Entire Agreement and Amendments: This Agreement and the Attachments, which are incorporated by reference, constitute the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto. Except as otherwise expressly provided herein, any Amendments to this Agreement must be in writing and signed byan authorized representative of each party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective, valid, and binding upon the parties as of the date below as executed by their duly authorized representatives.
The City of Roseville, CA Schneider Electric Smart Grid Solutions, LLC
By: By:
Print: Print:
Title: Title:
Date: Date:
13 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
EXHIBIT 1
Scope of Work
Energy Profiler Online (EPO) is a cloud-hosted energy management information and demand response system for end use customers of utilities. EPO allows both utilities and their customers to view accurate, detailed energy usage data, which can help identify cost savings opportunities and support participation in automated demand response programs. It also helps utilities to meet government energy efficiency mandates and easily manage peak demands-no installation required. What’s more, EPO’s accuracy and scalability make it an easy way to improve utilities’ power reliability and customer service.
A complete list of EPO Services is outlined below. The modules noted with an “X” in the “Service Provided Under this Agreement” column are being licensed under this Agreement.
EPO Service Modules Service Provided
Under this
Agreement
EPO Professional: Provides Purchaser’s customers with energy usage, demand, and energy-related information through intuitive interfaces that require minimal training.
EPO Pro is the core module by which data is imported and exported, and it serves as the framework for other enabled modules.
X
Bill Estimation: Used by Purchaser’s customers to estimate their bills prior to receiving a hard copy from the Purchaser. Estimated bills can be normalized by normalization factors such as square foot and users can perform rate comparisons.
Users can estimate energy costs by applying various options such as rate changes or adjustments in load/usage.
Essentials: Provides an engagement portal for purchaser’s commercial customers that are small to medium in size. These customers still desire information but are not going to do complex analysis with their energy data. This interface can be delivered to purchaser’s commercial customers as a stand-alone portal or in conjunction with EPO Professional.
Curtailment: Supports load curtailment agreements with Purchaser’s customers.
Various curtailment programs/contracts can be initiated and messages sent to customers or groups of customers. Responses, curtailment performance, and settlement data are tracked and saved. End users are provided an interface to participate in curtailment events and track their performance.
Diagnostics: Provides a series of reports designed to analyze large sets of time-series data looking for energy use anomalies. These anomalies can translate into energy saving (kWh) or demand reduction (kW) opportunities.
X
Real-Time Pricing: Imports market-prices of energy data, exposing these prices to end users, and allowing users to understand cost of energy based on these market values.
Weather: Imports observed and, when supported, forecasted weather conditions and makes this data available to the various modules in EPO where integrated.
X
Utility Administration Portal: A segregated web site dedicated to the administrative tasks of the utility as it manages its customers. Administrative level accounts have X
14 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
15 access to manage users, meter/account/customer relationships, troubleshoot issues, configure EPO modules, and support end users when issues arise.
DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
EXHIBIT 2
Pricing and Payment Terms
Licensing Period: 36 months, beginning 07/01/2022
Invoicing Period: Annually. Full annual amount will be invoiced at the beginning of each annual period (July 1)
Services and Fees: Monthly Licensing, Operations and Maintenance Fees EPO Service Modules Number of
Meters
2022 Annual
Fees
2023 Annual
Fees
2024 Annual
Fees
EPO Professional 183 $35,155 $35,858 $36,575
Bill Estimation 0 $0 $0 $0
Essentials 0 $0 $0 $0
Curtailment 0 $0 $0 $0
Diagnostics 183 $7,031 $7,172 $7,315
Real-time Pricing 0 $0 $0 $0
Weather 183 $11,979 $12,219 $12,463
Utility Admin Portal
(Included – no cost) NA $0 $0 $0
Services
Annual Rates Price(s) - defined below $740 $740 $740
Total Annual Fees 2022 =
$54,905
2023 =
$55,989
2024 =
$57,093
Fees are based on the number of Meters which are providing data to the Software, as well as the selected modules. Fees are subject to adjustment depending upon the number of Meters which provide data. For the purposes of this Agreement, a Meter is defined to mean a mechanism, piece of equipment or other mechanical apparatus that transmits energy usage data to EPO. Each Meter may have up to four channels for use in the transmission of such data. The number of meters or devices will be determined by the number of unique Recorder IDs in the database.
Web hosting and Level 2 support services are included in the price of this agreement. 16 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
2022 EPO Price Schedule
Number of
Devices Professional Module Bill Estimation Module Diagnostics Weather Module Monthly Annual Monthly Annual Monthly Annual Monthly Annual 51-100 $1,953 $23,437 $1,107 $13,281 $391 $4,687 $998 $11,979 101-250 $2,930 $35,155 $1,237 $14,843 $586 $7,031 $998 $11,979 251-500 $4,557 $54,686 $1,367 $16,406 $911 $10,937 $998 $11,979 501-750 $5,176 $62,108 $1,553 $18,640 $1,035 $12,422 $1,283 $15,401 2023 and 2024 prices escalate 2% per year.
Services
Rate Price(s) Update - once per year: $740/year
Price update to existing rates only. Additional rates and rate structure changes will be scoped and priced as an additional fee at T&M rates.
Schneider Electric Time and Materials (T&M) Rates
Blended Rate (Senior & Support Staff): $195/hour
The pricing listed above shall be reviewed and adjusted for meter count accuracy, if necessary, every twelve (12) months for the term of the Agreement. 17 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B Internal
EXHIBIT 3
Data Specifications
All data up-loaded to the EPO server under this Agreement shall be in formats noted in the table below. Any exceptions to currently supported data formats listed in this table may incur additional charges.
Data Formats Supported Under this
Agreement
Lodestar Direct Output
Enhanced Lodestar
California Metering Exchange Protocol
(CMEP)
MV-90 Mainframe
MDEF
18 DocuSign Envelope ID: 9EDE5876-1D32-490D-9C76-F02A6C05CC0B
COUNCIL COMMUNICATION
CC #: 2176
File #: 0900-02-02-2
Title:
Pleasant Grove Wastewater Treatment Plant Expansion Project - Professional Design Services Agreement Amendment
Contact: Tracie Mueller 916-774-5688 [email protected] Meeting Date: 7/6/2022
Item #: 7.8.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve the Second Amendment to Professional Design Services Agreement with Kennedy/Jenks Consultants, Inc. and authorize the City Manager to execute it.
BACKGROUND
Project Background
The Pleasant Grove Wastewater Treatment Plant (PGWWTP) Expansion Project is currently under construction to add new primary clarification, additional solids handling, and new anaerobic digestion of primary solids and waste-activated sludge. The two new anaerobic digesters will produce digester gas that will be supplied to the PGWWTP Energy Recovery Project (which is being constructed as a separate project) for generation of renewable compressed natural gas (rCNG) to be used by the City’s Waste Services collection vehicles as fuel, and production of electrical power to offset a portion of the PGWWTP’s power demands.
The City awarded the Design-Assist and Construction contract on November 6, 2019.
Construction of the PGWWTP Expansion Project was expected to be completed in June 2022; however, based on the Contractor’s progress, it is currently estimated that the project completion is being delayed to June 2023.
Professional Design Services Agreement Background
On January 29, 2015, the SPWA Board approved both the initial project funding and a request to retain an engineer to provide engineering services for the PGWWTP Expansion Project. On July 15, 2015, Kennedy/Jenks Consultants was awarded a professional design services agreement (PDSA) in the amount of $6,667,827 to provide design and engineering services during construction (ESDC) services.
During execution of the design phase of the Expansion Project, there was a need for scope adjustments due to factors that were unforeseen when developing the original scope of work. The First Amendment to the PDSA was approved by Council on March 4, 2020, which allowed for procurement of project funding, additional environmental and permit support, and added and revised facilities amongst additional items. In addition, the duration of the PDSA services was extended due to the addition of loan funding and the assumed duration of the construction phase from 24 months to 30 months.
The Second Amendment to the PDSA for Kennedy/Jenks Consultants is required for their team to provide additional ESDC Services during the projected 12-month construction schedule extension, and to add professional services scope for preparation of the construction ready documents, geotechnical observations during construction, updating of the existing plant’s Operations and Maintenance manual, and for modifications of the scopes of services included in the first amendment to and the original PDSA.
FISCAL IMPACT
The additional cost for the work included in the Second Amendment is $1,459,762. The Second Amendment increases the previous contract amount of $9,645,938 to a revised total contract cost of $11,105,700. Funding for this work will be covered under the capital improvement projects for the South Placer Wastewater Authority and will be jointly funded between Roseville and the other SPWA Regional Partners (i.e. Placer County and the South Placer Municipal Utility District).
ENVIRONMENTAL REVIEW
Implementation of the PGWWTP Expansion Project was previously evaluated in the Pleasant Grove Wastewater Treatment Plant Expansion and Energy Recovery Project Final Initial Study/Mitigated Negative Declaration (IS/MND) (SCH# 2016122040) (certified by the City Council on April 6, 2017), and the Addendum to the IS/MND (SCH# 2016122040) (certified by the City Council on November 7, 2018). The improvement plans included in the design-assist and construction agreement are consistent with the project evaluated in the certified Final IS/MND and the Addendum, and consequently no additional CEQA action is required for the Second Amendment approval.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Tracie Mueller, Senior Engineer
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-245
SecondAmendment to Professional Design Services Agreement RESOLUTION NO. 22-245
APPROVING A SECOND AMENDMENT TO PROFESSIONAL DESIGN SERVICES
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND KENNEDY/JENKS CONSULTANTS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Second Amendment to Professional Design Services Agreement for the Pleasant Grove Wastewater Treatment Plant Expansion Project, by and between the City of Roseville and Kennedy/Jenks Consultants, Inc., 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 , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #: 2196
File #: 0800-02
Title: Western Placer Waste Management Authority - Agreement Amendment Contact: Devin Whittington 916-774-5783 [email protected] Meeting Date: 7/6/2022
Item #: 7.9.
RECOMMENDATION TO COUNCIL
Staff recommends that City Council adopt a resolution authorizing the City Manager to execute the First Amendment to Agreement for Delivery of Solid Waste Between the Western Placer Waste Management Authority and the City of Roseville, and all other documents necessary to effectuate said Amendment on behalf of the City Of Roseville, concerning our flow control commitment for the delivery of waste materials thereunder.
BACKGROUND
On April 20, 2022, the City Council approved an Agreement for Delivery of Solid Waste between the Western Placer Waste Management Authority (WPWMA) and the City of Roseville, in order for the WPWMA to secure debt related to the construction of facility and processing improvements to meet SB 1383 regulatory requirements. The original Agreement committed Roseville to bring the following quantities of solid waste to the WPWMA:
· Minimum of thirty-eight thousand (38,000) tons of Municipal Solid Waste (MSW), · Minimum of nine thousand (9,000) tons of co-collected residential greenwaste and foodwaste, and
· All Construction and Demolition (C&D) waste.
This First Amendment would revise the above commitment for the first three years and guarantee that all solid waste generated within the City of Roseville go to the WPWMA. The additional flow commitment from the City of Roseville could potentially provide a better bond rating for the WPWMA. If so, this would result in a reduced financing rate which would ultimately help keep tipping fees lower for the entire region and utility rates for our City customers.
While Roseville had originally committed the median flow to allow flexibility in our operations, staff also recognized the regional concerns for securing the best financing option. To continue being a beneficial WPWMA partner, staff is proposing this increased tonnage commitment to support the region.
The term for this First Amendment will commence on July 6th, 2022 and continue through June 30, 2025, for a term not to exceed three years. Following the three-year period, commencing on July 1, 2025, the Agreement would revert to the minimum quantities noted above, thus preserving our future flexibility.
Flow Control Commitments have been the primary source of debt collateral since WPWMA constructed the current Materials Recovery Facility (MRF) and other facility upgrades. The site needs to upgrade infrastructure to process organics to comply with SB 1383. Staff recommends executing the First Amendment to the Agreement with WPWMA to help the region secure better financing options, thus reducing the regions tipping fees.
FISCAL IMPACT
The fiscal impact will be the future tipping fees multiplied by the tonnage. The costs are budgeted in the FY2022-23 Waste Services Operation Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines §15061(b)(3)). Execution of the First Amendment to Agreement would not result in a potential environmental impact. Consequently, no CEQA action is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A: Remain fiscally responsible in a changing world Respectfully Submitted,
Devin Whittington, Environmental Utilities Assistant Director Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-265
Amendment
RESOLUTION NO. 22-265
APPROVING A FIRST AMENDMENT TO AGREEMENT, BY AND BETWEEN THE CITY
OF ROSEVILLE AND THE WESTERN PLACER WASTE MANAGEMENT AUTHORITY,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
WHEREAS, a First Amendment to Agreement for Delivery of Solid Waste between the Western Placer Waste Management Authority and the City of Roseville, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said first amendment is hereby approved and that the City Manager is authorized to execute it and all other documents on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
1 FIRST AMENDMENT TO AGREEMENT FOR DELIVERY OF SOLID WASTE
BETWEEN THE WESTERN PLACER WASTE MANAGEMENT AUTHORITY
AND THE CITY OF ROSEVILLE
This First Amendment to Agreement for Delivery of Solid Waste Between the Western Placer Waste Management Authority and the City of Roseville (“First Amendment”) is made as of ____________ ____, 2022 by and between the Western Placer Waste Management Authority (the “WPWMA”) and the City of Roseville (the "City”).
RECITALS
WHEREAS, WPWMA and City entered into that certain Agreement for Delivery of Solid Waste Between the Western Placer Waste Management Authority and the City of Roseville dated April 22, 2022 (“Original Agreement”); and WHEREAS, the parties wish to amend the Original Agreement to provide that Roseville will deliver all of its solid waste to WPWMA for the initial three (3) years of the Original Agreement term while retaining provisions regarding delivery of solid waste from Roseville to WPWMA after the initial three year period.
Now, therefore, in consideration of the mutual promises and covenants contained in this First Amendment, and for other good and valuable consideration, the Parties agree as follows:
1. Section 3 of the Original Agreement is hereby amended and restated in its entirety to read as follows:
3. DELIVERY OF SOLID WASTE
A. For the period of July 6, 2022 until June 30, 2025, the City shall deliver, or cause to be delivered, to the Facility all Mixed Solid Waste (MSW), cocollected residential greenwaste, all foodwaste, and all Construction and Demolition (C&D) waste collected within the geographic jurisdiction of the City (collectively, the “City Initial Amounts”) by 1) City-operated programs and 2) any franchise or other contractual agreements between the City and a Solid Waste Enterprise. All Solid Waste so collected shall be delivered to the Facility without any Processing after having been collected, except as provided for herein. WPWMA shall provide quarterly tonnage reporting to the City for tracking and verification purposes. City shall be entitled to deliver co-collected residential greenwaste and foodwaste to another facility 2 if WPWMA is unable to accept such waste. For the purposes of this Agreement, permissible bases for non-acceptance shall be: 1) if WPMWA’s permit to accept and process such waste is conclusively revoked; or, 2) if WPWMA’s equipment to process such waste is significantly damaged or otherwise rendered non-functional by fire or other event.
B. From July 1, 2025 until the expiration of this Agreement, the City shall deliver, or cause to be delivered, to the Facility per fiscal year (July 1 to June 30) a minimum of thirty-eight thousand (38,000) tons of Mixed Solid Waste (MSW), a minimum of nine thousand (9,000) tons of co-collected residential greenwaste and foodwaste, and all Construction and Demolition (C&D) waste collected within the geographic jurisdiction of the City collectively, the “City Minimum Amounts”) by 1) City-operated programs and 2) any franchise or other contractual agreements between the City and a Solid Waste Enterprise. All Solid Waste so collected shall be delivered to the Facility without any Processing after having been collected, except as provided for herein. WPWMA shall provide quarterly tonnage reporting to the City for tracking and verification purposes. City shall be entitled to deliver co-collected residential greenwaste and foodwaste to another facility if WPWMA is unable to accept such waste. For the purposes of this Agreement, permissible bases for non-acceptance shall be: 1) if WPMWA’s permit to accept and process such waste is conclusively revoked; or, 2) if WPWMA’s equipment to process such waste is significantly damaged or otherwise rendered non-functional by fire or other event.
C. If, in the future, the City elects to replace the City-operated Solid Waste collection program, in whole or in part, with a program operated by a Solid Waste Enterprise, it shall require such Solid Waste Enterprise to continue to deliver, Unprocessed, all Solid Waste collected to the Facility for the Term of this Agreement.
2. Section 4(C) of the Original Agreement is hereby amended and restated in its entirety to read as follows:
C. The Parties agree that Sections 4(A)(1) and 4(B) shall apply only to the City Initial Amounts and City Minimum Amounts. City agrees to notify WPWMA in writing at least ninety (90) days in advance of any material changes in either quantity or composition of Solid Waste above the City Minimum Amounts delivered to WPWMA.
Except as expressly amended by this First Amendment, the Original Agreement remains unchanged and in full force and effect.
3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the day and year first above written.
WESTERN PLACER WASTE
MANAGEMENT AUTHORITY
CITY OF ROSEVILLE
By: By:
Chair Dominick Casey
City Manager
ATTEST:
By: ____________________________
Carmen Avalos
City Clerk
APPROVED AS TO FORM:
WPWMA Counsel Michelle Sheidenberger
City Attorney
COUNCIL COMMUNICATION
CC #: 2170
File #: 0110
Title:
Roseville Advantage Financing Program - Banking Services Agreement Amendments
Contact: Melissa Anguiano 916-774-5284 [email protected] Dennis Kauffman 916-774-5313 [email protected]
Meeting Date: 7/6/2022
Item #: 7.10.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt resolutions authorizing the City Manager to execute First Amendments to Banking Services Agreements between the City of Roseville and three banks: Five Star Bank, River City Bank, and First Northern Bank.
BACKGROUND
In December 2018, the City Council approved and released a Request for Proposals (RFP) for the design and implementation of the Roseville Advantage Financing Program. The RFP was sent to four locally headquartered banks that are located within a 40 mile radius of the region (American River Bank, First Northern Bank, Five Star Bank, and River City Bank). The RFP outlined that the City would deposit funds in the Program banks, refer business owners with credit needs to the Program banks, perform joint marketing, and promote the Program banks. In return, the Program banks would lend 75% of the funds to businesses within the Roseville community.
The City also included a requirement that the City's short-term investment funds earn a rate of return similar to the Local Agency Investment Fund (LAIF) which is a State pooled money investment account.
On January 25, 2019, the City received a joint community bank response from all four banks. The City's Economic Development and Finance Departments evaluated the proposals, met with the Banks, and negotiated program terms and agreed to an initial total City investment of $10 million dollars (approx. 25% of the City's short-term investment funds). As negotiations were coming to a close, the City's Economic Development Department inquired if Program banks would agree to the requirement that 100% of City funds be loaned to Roseville-based businesses and all four banks unanimously agreed to this request. Additionally, to ensure no loss of City investment income, the Program banks proposed to match the LAIF rate plus 1 basis point. One basis point is equal to one one-hundredth of one percentage point (0.01%).
On June 19, 2019, City Council approved the Roseville Advantage Financing Program and authorized the City Manager to execute Banking Services Agreements with all four banks.
Following Council approval, the City made the following allocations from short-term investment funds:
$3 million to American River Bank
$3 million to Five Star Bank
$3 million to River City Bank
$1 million to First Northern Bank
Under the terms of the agreement, the City reserved its right to withdraw its funds at any time (provision #4c of Banking Service Agreements). Additionally, City deposits are fully insured or collateralized pursuant to state law (provision #4b of Banking Services Agreement).
Since implementation, American River Bank withdrew from participation in the program. In accordance with the agreement, the City’s deposit to American River Bank was returned without penalty or liability. The remaining three banks have continued to participate under the terms of the agreements.
The continued goal of the Program is to provide an opportunity for locally headquartered banks to work collaboratively with the City in:
Helping our existing businesses grow and prosper,
Pursuing new business development, and
Diversifying our business community.
Although the Program does not provide a measurable financial benefit to the City, it provides an economic and marketing benefit to the City and partner banks, demonstrating our collaboration and efforts to assist and promote entrepreneurship and small business development within the City of Roseville. Since its implementation the Roseville Financing Program has leveraged over $200 million in additional lending for business development and growth in the city. Given the need to continue supporting entrepreneurs and small businesses in Roseville, staff is requesting Council approve amendments to Banking Services Agreements between the City and Five Star Bank, River City Bank, and First Northern Bank to extend participation in the Roseville Advantage Financing Program for one year.
FISCAL IMPACT
Implementation of this Program and the Banking Services Agreements resulted in a one-time reinvestment of $10 million of the City's short-term investment funds being deposited into locally headquartered banks, with no loss of City investment income. Since its implementation the Roseville Financing Program has leveraged over $200 million in additional lending for business development and growth in the city. Extending participation in the Program has no impact on the General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal D - Enhance economic vitality
Respectfully Submitted,
Melissa Anguiano, Economic Development Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-238
RosevilleAdvantage Financing Program Agreement 1st Amendment – Five Star Bank Resolution 22-239
RosevilleAdvantage Financing Program Agreement 1st Amendment – River City Bank Resolution 22-240
RosevilleAdvantage Financing Program Agreement 1st Amendment – First Northern Bank RESOLUTION NO. 22-238
APPROVING A FIRST AMENDMENT TO BANKING SERVICES AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND FIVE STAR BANK, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a First Amendment to Banking Services Agreement regarding the Roseville Advantage Financing Program, by and between the City of Roseville and Five Star Bank, 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 to Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
RESOLUTION NO. 22-239
APPROVING A FIRST AMENDMENT TO BANKING SERVICES AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND RIVER CITY BANK, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a First Amendment to Banking Services Agreement regarding the Roseville Advantage Financing Program, by and between the City of Roseville and River City Bank, 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 to Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D026\P004\00067452.DOCX:06/02/2022]
FIRST AMENDMENT TO
BANKING SERVICES AGREEMENT
Roseville Advantage Financing Program
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this ___ day of __________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and River City Bank, a California corporation (“BANK”); and W I T N E S S E T H:
WHEREAS, CITY and BANK previously entered into a Banking Services Agreement dated June 19, 2019 (“Agreement”) regarding banking services consistent with the Roseville Advantage Financing Program (“Program”); and
WHEREAS, CITY desires to exercise its option to extend the Agreement for an additional one (1) year term; and
WHEREAS, BANK is willing and able to provide such additional services.
NOW, THEREFORE, the parties agree as follows:
1. Section 1 of the Agreement is amended by adding an additional paragraph to read as follows:
“CITY is exercising its option to extend the term of the Agreement for an additional one (1) year period commencing July 1, 2022 and ending on June 30, 2023”.
2. Section 16 of the Agreement is amended by adding an additional paragraph to [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D026\P004\00067452.DOCX:06/02/2022] read as follows:
“Any notices to parties required by this First Amendment to Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:
CITY OF ROSEVILLE BANK
Melissa Anguiano Patricia Lewis
Economic Development Director Executive Vice President - COO 311 Vernon Street 2485 Natomas Park Drive
Roseville, CA 95678 Sacramento, CA 95833”
3. All other provisions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this First Amendment to Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. _________, adopted by the Council of the City of Roseville on the ___ day of ___________, 2022, and BANK has caused this First Amendment to Agreement to be executed.
CITY OF ROSEVILLE, a RIVER CITY BANK, a California
municipal corporation corporation
BY: _______________________________ BY: _______________________________ DOMINICK CASEY its: _______________________________
City Manager
and
ATTEST:
BY: _______________________________
its: _______________________________
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
EVP - COO on 06/16/2022
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D026\P004\00067452.DOCX:06/02/2022] BY: _______________________________
CARMEN AVALOS
City Clerk
APPROVED AS TO FORM:
BY: _______________________________
MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
BY: _______________________________
MELISSA ANGUIANO
Economic Development Director
RESOLUTION NO. 22-240
APPROVING A FIRST AMENDMENT TO BANKING SERVICES AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND FIRST NORTHERN BANK, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
WHEREAS, a First Amendment to Banking Services Agreement regarding the Roseville Advantage Financing Program, by and between the City of Roseville and First Northern Bank, 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 to Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #: 2194
File #: 0721 & 0214
Title:
Roseville Transit Comprehensive Operational Analysis Study – Sustainable Communities Competitive Grant Agreement
Contact: Ed Scofield 916-774-5449 [email protected] Meeting Date: 7/6/2022
Item #: 7.11.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager or his designee to execute a Sustainable Communities Competitive Grant agreement with the California Department of Transportation (Caltrans) for the Roseville Transit Comprehensive Operational Analysis (COA), and to execute all related forms and agreements.
BACKGROUND
The Sustainable Communities Transportation Planning Grant program is administered by Caltrans and requires a match of 11.47% from the local agency. The mission of the grant program is to provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability.
On November 3, 2021, Council approved a Resolution authorizing the City Manager to submit a Sustainable Communities competitive grant application for a Roseville Transit COA (Attachment 1). On April 4, 2022, staff was informed by Caltrans that the City was successful in securing the grant and that the next step was for the City to pass a resolution for the City Manager or his designee to execute the grant agreement (Attachment 2).
The COA will begin in November of 2022 and is anticipated to be completed in approximately 18 months. Upon completion of the COA, the City will conduct any needed environmental reviews and begin the process of implementing the recommendations.
FISCAL IMPACT
The total cost of the COA is estimated to be $350,000. The grant amount is $309,846. The required local match of $40,154, or 11.47% of the total cost, will come from a combination of Local Transportation Funds and costs from staff time spent on the project. No General Fund resources will be used for this project.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378.
The Sustainable Communities Strategies Grant Agreement meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal D - Enhance economic vitality
Goal E - Deliver exceptional city services
Respectfully Submitted,
Ed Scofield, Transit Operations Analyst
Jason Shykowski, Public Works Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-263
Attachment 2-Caltrans Award Letter
RESOLUTION NO. 22-263
APPROVING A GRANT AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE
AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE IT AND ALL RELATED FORMS
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Sustainable Communities Competitive Grant Agreement for the Roseville Transit Comprehensive Operational Analysis study, by and between the City of Roseville and The California Department of Transportation, has been reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said grant agreement is hereby approved and that the City Manager is authorized to execute it and all related forms on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
“Provide a safe and reliable transportation network that serves all people and respects the environment”
DIVISION OF TRANSPORTATION PLANNING
P.O. BOX 942873, MS–32 SACRAMENTO, CA 94273–0001
(916) 261-3326 | TTY 711
www.dot.ca.gov
SENT VIA E-MAIL
Date
On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, we are pleased to congratulate you on your Sustainable Transportation Planning Grant award.
Sustainable Transportation Planning Grant Program
Grant Award
Fiscal Year
Grant
Category
Grant Fund
Source
Project Title
Grantee/Agency
Executive Director
Grantee/Agency
Contact
Sub-Recipient(s)
Caltrans District
Contact(s)
Caltrans District
Contact(s) E-mail
Grant Award Local Match
(Cash)
Local Match
(In-Kind)
Total
Local Match
%
Local Match
Total
Project Cost
Conditions of Award Due to Caltrans Grant Expiration Date Final Invoice Due * The final contractually agreed upon Local Match and Fund Source are located on the Grant Application Cover Sheet and Project Cost and Schedule. Any change in Local Match that increases/decreases the Total Project Cost must be approved by Caltrans and may require a Formal Amendment. Each invoice must include the contractual/agreed upon local match % - any deviation to this amount requires an approved Tapered Local Match Amendment prior to invoice submittal. Any change to the Local Match Fund Source requires prior Caltrans approval and an Administrative Amendment. 2022-23 Sustainable Communities Competitive SHA Roseville Transit Comprehensive Operational Analysis City of Roseville Dominick Casey, City Manager Ed Scofield, Transit Operations Analyst NADavid Dosanjh [email protected] $309,846 $20,077 $20,077 $40,154 11.47% $350,000 06/03/22 02/28/25 04/29/25 Caltrans Sustainable Transportation Planning Grant Program Grant Award
“Provide a safe and reliable transportation network that serves all people and respects the environment” Next Steps
1. The Caltrans District Grant Manager will schedule a Conditional Award Teleconference, with your agency soon.
A list of conditions and project revisions necessary to accept grant funding will be provided at this meeting as well as a follow-up email outlining the discussion.
2. The required conditions must be submitted to the Caltrans District Grant Manager no later than the date listed in the table above.
Failure to satisfy these conditions will result in the forfeiture of grant funds.
3. The Caltrans District Grant Manager will review and approve all items required to fulfill the Conditions of Grant Acceptance outlined in the teleconference and follow-up email.
4. Once the required conditions are met and agreements in place, the Caltrans District Grant Manager will:
Send a Notice to Proceed letter (for MPO/RTPAs, this will happen after the OWP/OWPA formal amendment is processed). Grant work cannot begin until the Notice to Proceed letter is received by your agency. Coordinate and schedule a grant kick-off meeting with your agency.
If you have questions concerning your Conditional Grant Award, please reach out to your Caltrans District contact listed in the table above.
Sincerely,
ERIN THOMPSON
Chief, Office of Regional and Community Planning
COUNCIL COMMUNICATION
CC #: 2185
File #: 0709-05 & 0214
Title: Homeless Prevention and Rapid Rehousing - Grant Agreements Contact: Suzanne Acrell 916-774-5469 [email protected] Meeting Date: 7/6/2022
Item #: 7.12.
RECOMMENDATION TO COUNCIL
Staff requests that the City Council adopt resolutions to approve Grant Agreements between the City of Roseville and ASK (AMI Housing, Saint Vincent de Paul, Kids First), Stand Up Placer & Lighthouse Counseling, and The Gathering Inn for Homeless Prevention and Rapid Rehousing services, and authorize the City Manager to execute them.
BACKGROUND
On May 18, 2022, City Council approved the FY2022-23 Homeless Prevention and Rapid Rehousing Funding Allocations and Budget Adjustment, which included the following:
Recipient Approved
ASK (AMI Housing, Saint Vincent de Paul, Kids
First) $ 500,000
Stand Up Placer with Lighthouse $ 125,000
The Gathering Inn $ 221,700
Salvation Army $ 60,000
City Administration $ 39,639
Total $ 946,339
The Homeless Prevention and Rapid Rehousing (HPRR) agreements are funded with $250,000 of Low and Moderate Income Housing Asset Fund (Low/Mod funds) being held by the City as the Housing Successor for homeless prevention programs and $696,339 in State of California Permanent Local Housing Allocation (PLHA) funding for the Cities of Roseville and Rocklin.
The goals of Roseville’s HPRR program are to provide temporary assistance to prevent an individual or family from losing permanent housing and to provide temporary assistance to homeless individuals and families in obtaining permanent housing. Eligible services for this grant funding include temporary rental assistance, short-term hotel vouchers, housing relocation and stabilization services, housing navigation services, mediation and outreach to property owners, credit repair, security deposits, utility payments, and case management related to these activities.
Supportive case management services allow people to obtain and retain housing. These services are extremely effective in reducing the financial burden and trauma of homelessness.
Grantees are required to submit reporting every six months on specific program outcomes including total residents served and leveraging of funds to ensure efficient delivery of services.
The City continues to work to improve collaboration, efficiency, and outcomes by managing grants with performance-based measurements. Staff continues to see increased collaboration that reaches beyond city grant contracts due to this local policy.
FISCAL IMPACT
The Homeless Prevention and Rapid Rehousing grant program is funded with $250,000 of Low and Moderate Income Housing Asset Fund (Low/Mod funds) and $696,339 in State of California Permanent Local Housing Allocation (PLHA) funding for the Cities of Roseville and Rocklin. The program significantly reduces instances and durations of homelessness in Roseville and Rocklin and has reduced costs to the cities and to the community as a whole. The recommended actions do not result in any costs to the General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of the Homeless Prevention and Rapid Rehousing program grant agreements do not include the potential for a significant environmental effect, and therefore are not subject to CEQA.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal D - Enhance economic vitality
Respectfully Submitted,
Suzanne Acrell, Housing Analyst
Melissa Anguiano, Economic Development Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-253
AMI Housing
Resolution 22-254
Stand Up Placer
Resolution 22-255
The Gathering Inn
RESOLUTION NO. 22-253
APPROVING A GRANT AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND AMI HOUSING, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE
IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Grant Agreement for Homeless Prevention and Rapid Rehousing Services, by and between the City of Roseville and AMI Housing, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said grant agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
RESOLUTION NO. 22-254
APPROVING A GRANT AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND STAND UP PLACER, INC., AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Grant Agreement for Homeless Prevention and Rapid Rehousing Services, by and between the City of Roseville and Stand Up Placer, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said grant agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
RESOLUTION NO. 22-255
APPROVING A GRANT AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE
AND THE GATHERING INN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Grant Agreement for Homeless Prevention and Rapid Rehousing Services, by and between the City of Roseville and The Gathering Inn, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said grant agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #: 2171
File #: 0707
Title:
Roseville Aquatics Complex Slide Procurement and Installation Project - Notice of Completion
Contact: Heather Buck 916-774-5254 [email protected] Meeting Date: 7/6/2022
Item #: 7.13.
RECOMMENDATION TO COUNCIL
Staff recommends that City Council accept the Roseville Aquatics Complex (RAC) Slide Procurement and Installation Project as complete and adopt a resolution authorizing the Parks, Recreation & Libraries Director to execute the attached Notice of Completion.
BACKGROUND
The Roseville Aquatics Complex (RAC) is located off Woodcreek Oaks Boulevard, south of Pleasant Grove Boulevard. The project included removal and replacement of the existing water slide as the structure is more than 25 years old and had reached the end of its useful life.
On November 3, 2021, the City Council authorized award of two contracts for improvement to the Roseville Aquatics Complex: one for the slide procurement and installation with Western Water Features, Inc., and the second for the general construction, splash pad, and pool plaster with Waterworks Industries, Inc. The RAC Slide Procurement and Installation Project is now complete. The second contract includes the replastering of the recreation pool and the replacement of the existing water play feature with a new spray ground. Due to supply chain issues and unforeseen site conditions related to certain mechanical equipment, the second contract is not yet complete, but is anticipated to be completed by August 2022, at which time staff will bring that Notice of Completion to Council for acceptance. However, the replastering of the recreation pool is complete and opened for use on June 9, 2022.
The Parks, Recreation & Libraries Department, in addition to state and county health and safety officials, has made final inspections of the RAC Slide Installation and Procurement Project and has found that all contract work has been completed in accordance with the improvement plans and specifications. The project was deemed substantially complete in June 2022 and opened for use. In accordance with City specifications, the contractor shall guarantee the installation of these improvements for a period of twelve (12) months from the date of substantial completion. The Notice of Completion will formalize release of any liens.
FISCAL IMPACT
Funding for the Roseville Aquatics Complex improvements was provided through the Parks, Recreation & Libraries Capital Projects Fund approved in the FY2019-20 budget. Maintenance of the existing aquatics complex is provided by the General Fund and will remain unchanged.
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.
This Notice of Completion meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal D - Enhance economic vitality
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Heather Buck, Park Development Project Manager
Jill Geller, Director, Parks, Recreation & Libraries
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-241
Notice of Completion
RESOLUTION NO. 22-241
ACCEPTING THE PUBLIC WORK KNOWN AS THE ROSEVILLE AQUATICS COMPLEX (RAC) SLIDE PROCUREMENT AND INSTALLATION PROJECT, APPROVING THE “NOTICE OF COMPLETION”, AND AUTHORIZING THE PARKS, RECREATION AND
LIBRARIES DIRECTOR TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF
ROSEVILLE
BE IT RESOLVED by the City Council of the City of Roseville as follows:
1. The “Notice of Completion” on file in the City Clerk’s Department relative to that public work known as the Roseville Aquatics Complex (RAC) Slide Procurement and Installation Project, has been approved and the public work accepted.
2. The Parks, Recreation and Libraries Director is hereby authorized and directed to execute said Notice on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
CITY CLERK
CITY OF ROSEVILLE
311 VERNON STREET
ROSEVILLE, CA 95678
Exempt from recording fees
Pursuant to Gov’t Code §27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the public work of improvement known as the Project was completed and
accepted by the City of Roseville on . The location is
situated in the City of Roseville, County of Placer, State of California and is indicated on the attached map, marked as Exhibit “A” and incorporated herein by this reference. The real property herein described is owned by the City of Roseville, 311 Vernon Street, Roseville CA 95678.
The direct/general contractor on said project was .
The surety on said project was
.
___________________________________
City of Roseville
Owner
ATTEST:
________________________________ _
Carmen Avalos, City Clerk
State of California )
County of Placer )
I, , being first duly sworn, depose and say: I am the
of the City of Roseville, a municipal corporation in the State of California, owner of the property described in the above Notice. I am duly authorized to make this verification for and on behalf of the City of Roseville. I have read the Notice of Completion and know its contents and the facts stated therein are true.
___________________________________
City of Roseville
State of California )
County of Placer )
Subscribed and sworn to (or affirmed) before
me on this _____ day of ,
20___,
proved to me on the basis of satisfactory
evidence to be the person(s) who appeared
before me.
____________________________________
Place Notary Seal and/or Stamp Above Signature of Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
MCANALLY DR
SNAPDRAGON LN
DANIELLE DR
SPANISH
BAY CT
MORNING
GLORY LN MERCEDES DR
CARAGH ST
CALLAWASSIE WY
WOODCREEK
OAKS
BL
Roseville Aquatics
Complex
PROJECT SITE
The project included procurement and installation of a new waterslide.
Roseville Aquatics Complex (RAC)
3051 Woodcreek Oaks Blvd
Exhibit A
COUNCIL COMMUNICATION
CC #: 2172
File #: 0704
Title: Child Care Software - Professional Services Agreement Amendment Contact: Rob Nakamura 916-774-5135 [email protected] Meeting Date: 7/6/2022
Item #: 7.14.
RECOMMENDATION TO COUNCIL
Recommend City Council adopt a resolution to approve the second amendment to the professional services agreement with Cirrus Group, LLC, and authorize the City Manager to execute it.
BACKGROUND
DayCare Works is a cloud-based software solution for managing Adventure Club and Preschool registration, billing, accounts receivable, reporting and analytics of program participation and revenues. The Parks, Recreation & Libraries Department selected this software solution on May 20, 2015 and entered into a five-year agreement. The first amendment extended the agreement through June 2022. This second amendment extends the agreement for an additional two years, through June 2024. The Adventure Club and Preschool programs are dependent upon this registration software to provide online registration and to manage family accounts.
FISCAL IMPACT
The professional services agreement second amendment will not exceed $76,560 and is funded within the operating budget of the Youth Development Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal D - Enhance economic vitality
Goal E - Deliver exceptional city services
Respectfully Submitted,
Rob Nakamura, Parks, Recreation & Libraries Superindendent Jill Geller, Parks, Recreation & Libraries Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-242
Child Care Software 2ndAmendment
RESOLUTION NO. 22-242
APPROVING A SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT,
BY AND BETWEEN THE CITY OF ROSEVILLE AND CIRRUS GROUP, LLC, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
WHEREAS, a second amendment to professional services agreement for Child Care software, by and between the City of Roseville and Cirrus Group, LLC, 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 , 20 , by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #: 2178
File #: 0206
Title:
Special Tax and Assessment District Administration - Professional Services Agreement Amendment
Contact: Jeannine Thrash 916-774-5473 [email protected] Dennis Kauffman 916-774-5313 [email protected]
Meeting Date: 7/6/2022
Item #: 7.15.
RECOMMENDATION TO COUNCIL
Staff recommends City Council adopt a resolution to approve the fifth amendment to the professional services agreement with Willdan Financial Services, and authorize the City Manager to execute it on behalf of the City.
BACKGROUND
On December 19, 2018 City Council approved a professional services agreement with Willdan Financial Services to handle all of the City's Community Facilities District and Lighting and Landscaping District administrative services. Since the agreement was executed, there have been several amendments to the contract taken to Council for approval. The City wishes to amend the current agreement again to include administration of a newly formed Community Facilities District as well as increase the not-to-exceed amount of the agreement for inflationary adjustments to the annual fees.
FISCAL IMPACT
The not-to-exceed contract amount is recommended to be increased by $28,700 per year, up to a total annual not-to exceed amount of $365,000. Each special tax district will generate special taxes that will be paid by the property owners sufficient to pay the costs of its administration. The amended professional services agreement will have sufficient contract amount authority to cover the costs of the newly added district as well as any inflationary adjustments to the annual fees.
There will be no impact to the General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Respectfully Submitted,
Jeannine Thrash, Management Analyst
Dennis Kauffman, Assistant City Manager/ Chief Financial Officer _____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-246
5th amended Professional Services Agreement
RESOLUTION NO. 22-246
APPROVING A FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT, BY
AND BETWEEN THE CITY OF ROSEVILLE AND WILLDAN FINANCIAL SERVICES,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
WHEREAS, a fifth amendment to professional services agreement for special tax and assessment district administration, by and between the City of Roseville and Willdan Financial Services, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said fifth amendment is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #: 2161
File #: 0307
Title: Resolution Proclaiming the Termination of Local Emergency Contact: Joseph Speaker 916-774-5325 [email protected] Dion Louthan 916-774-5362 [email protected]
Meeting Date: 7/6/2022
Item #: 7.16.
RECOMMENDATION TO COUNCIL
The Director of Emergency Services recommends that the Council for the City of Roseville adopt a resolution Proclaiming the Termination of the Local Emergency related to COVID-19, effective immediately.
BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency as part of the State of California’s (State’s) response to the developing COVID-19 pandemic. On March 17, 2020, a “Proclamation of the Existence of a Local Emergency and Authorization for the Director of Emergency Services/City Manager to Undertake Emergency Measures on Behalf of the City of Roseville” in response to COVID-19 (hereinafter “Local Emergency”) was approved by the Council of the City of Roseville at a special meeting.
Under Roseville Municipal Code Chapter 9.28, the Local Emergency conferred on the City Manager, as the Director of Emergency Services, certain rights, duties, and obligations to issue any order or regulation necessary to enforce Federal, State, County, and/or local requirements, orders, and/or regulations, including any orders and regulations necessary to provide for the protection of life and property.
During the Local Emergency, the Director of Emergency Services issued a total of eighteen (18) Executive Orders (hereinafter “Executive Orders”) reasonably necessary to the protection and preservation of life, property, and continuity of government. These Executive Orders included:
Issuing small business loans to assist employees and business owners; Increased noticing to citizens of the ever changing COVID-19 regulatory landscape; Allowing restaurants and businesses to expand outdoor operations, including outdoor dining and increased parking for to-go and curbside pick-up in Downtown Roseville; Suspending bus fares, utility shut-offs, and administrative hearings due in part to financial hardships;
Modifying City of Roseville purchasing and contract requirements to ensure necessary equipment, services, and supplies were provided for City of Roseville operations (including our first responders);
Measures to maintain City of Roseville employee staffing levels, to ensure continued levels of service to citizens.
Each of the eighteen (18) Executive Orders were filed with the City Clerk and made publicly available through widespread publication, including on the City of Roseville’s website, and in updates to the Council of the City of Roseville. The City Manager, as Director of Emergency Services, and the Council for the City of Roseville continually reviewed the need for the Local Emergency, and the Director of Emergency Services provided regular updates to the Council of the City of Roseville and citizens on efforts undertaken in relation to the Local Emergency.
Upon termination of the Local Emergency, all of the Executive Orders, except Executive Order 20-15, will terminate. Executive Order 20-15, which permits outdoor operations for certain local businesses, will remain in place for 90 days after the termination of Local Emergency to assist local businesses and customers and to give adequate time to adjust their operations.
The Governor of the State of California has terminated the Stay at Home Order and the Blueprint for a Safer Economy as of June 15, 2021 and, as of February 25, 2022, has announced a movement into the next phase of the pandemic and removed all but five percent (5%) of the State's COVID-19 executive orders.
Additionally, the City of Roseville has been extremely proactive in ensuring adequate staffing, supplies, and resources to address the ongoing effects of COVID-19. Therefore, while COVID19 is still present in California, the emergency powers established by the proclamation of a local emergency are no longer needed at this time. Based on the State’s actions and the City of Roseville's efforts, conditions warrant the termination of the Local Emergency proclaimed on March 17, 2020. As such, the Director of Emergency Services recommends the Council for the City of Roseville adopt a Resolution Proclaiming the Termination of the Local Emergency, effective immediately.
FISCAL IMPACT
There is no fiscal impact associated with terminating the local emergency.
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 Section 21065 and CEQA State Guidelines Section 15060(c)(3) and Section 15378. This Resolution meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C – Maintain a safe and healthy community.
Respectfully Submitted,
Joseph Speaker, Assistant City Attorney
Michelle Sheidenberger, City Attorney
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-235
RESOLUTION NO. 22-235
PROCLAIMING A TERMINATION OF LOCAL EMERGENCY
WHEREAS, the Council of the City of Roseville convened a special meeting on March 17, 2020, and pursuant to Roseville Municipal Code Chapter 9.28 and California Government Code Section 8630, adopted a “Resolution Proclaiming a Local Emergency and Authorizing the Director of Emergency Services/City Manager to Undertake Emergency Measures on Behalf of the City of Roseville” in relation to the COVID-19 pandemic (hereinafter “Local Emergency”); and
WHEREAS, the City Manager, as Director of Emergency Services, and the Council for the City of Roseville continually reviewed the need for the Local Emergency, and the Director of Emergency Services provided regular updates to the Council of the City of Roseville and citizens on efforts undertaken in relation to the Local Emergency; and WHEREAS, during the Local Emergency, the Director of Emergency Services issued a total of eighteen (18) Executive Orders (hereinafter “Executive Orders”), pursuant to the authority under Roseville Municipal Code Chapter 9.28, reasonably necessary to the protection and preservation of life, property, and continuity of government; and WHEREAS, each of the eighteen (18) Executive Orders were filed with the City Clerk and made publically available through widespread publication, including on the City of Roseville’s website, and in updates to the Council of the City of Roseville; and WHEREAS, during the Local Emergency the Director of Emergency Services regularly re-evaluated the continuing need for each of the Executive Orders and modified or rescinded them, as necessary; and
WHEREAS, Government Code Section 8630(d) requires the governing body to proclaim the termination of the local emergency at the earliest possible date that conditions warrant; and WHEREAS, the Governor of the State of California has terminated the Stay at Home Order and the Blueprint for a Safer Economy as of June 15, 2021 and, as of February 25, 2022, has announced a movement into the next phase of the pandemic and removed all but five percent (5%) of the State COVID-19 executive orders; and
WHEREAS, based on the State’s actions, the Council for the City of Roseville now finds that conditions warrant the termination of the Local Emergency proclaimed on March 17, 2020.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roseville proclaims the termination of the Local Emergency; and
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council of the City of Roseville that City of Roseville Director of Emergency Services Executive Orders 20-01, 20-02, 20-03, 20-04, 20-05, 20-06, 20-07, 20-08, 20-09, 20-10, 20-11, 20-12, 20-13, 20-14, 20- 16, 20-17, and 20-18 are all hereby approved, ratified, confirmed, and immediately rescinded in their entirety; and
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council of the City of Roseville that City of Roseville Director of Emergency Services Executive Order 20-15 is hereby approved, ratified, confirmed, and shall be rescinded 90 days from the date of this resolution to allow local businesses to wind down outdoor operations; and NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council of the City of Roseville that this resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED by the Council of the City of Roseville this 6th day of July, 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #: 2186
File #: 0200
Title: Bond Trustee Services - Professional Services Agreement Contact: Nick Rosas 916-774-5314 [email protected] Meeting Date: 7/6/2022
Item #: 7.17.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Agreement for Bond Trustee Services with U.S. Bank Trust Company, National Association. Staff also requests authorization for three (3) one (1) year renewals without further 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
The City of Roseville at times will issue bonds for the purpose of funding the construction of infrastructure related to utility services it provides, and for infrastructure in new development areas through various community facilities districts. These bonds are secured by utility revenue or by special taxes on parcels within specific community facilities districts.
A bond trustee is hired by a bond issuer and oversees the implementation of a bond or trust indenture, which is a contract between a bond issuer and a bondholder. The trustee has a fiduciary responsibility to act on behalf of the issuer, rather than in its own interests. The trustee facilitates debt service payments between Issuer and bond holders, tracks compliance items, and maintains a registry of bondholder information. Including conduit debt, the City currently has approximately 45 bond issuances for which it requires the services of a bond trustee. To engage a bank for these services, the City issued a Request for Proposals (RFP), requesting responses from qualified banking institutions. Of the two proposals received, U.S. Bank was ranked highest by the review committee based on the established criteria in the RFP.
FISCAL IMPACT
The contract for bond trustee services shall not exceed $85,000 per year, or $255,000 for the three-year contract period. The annual fee of approximately $1,600 is charged for each currently outstanding bond series. In addition, new transactions will be billed at a rate of $2,000 per bond series. Payment for these services will be paid mostly by the Environmental Utilities Department, the Electric Department, and community facilities districts. There is currently one outstanding bond issuance paid by the General Fund which requires bond trustee services. As such, the impact to the General Fund is approximately $1,600 per year.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of a professional services agreement for bond trustee services does not include the potential for a significant environmental effect and therefore is not subject to CEQA.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Respectfully Submitted,
Nick Rosas, Accounting Manager
Dennis Kauffman, Assistant City Manager/Chief Financial Officer _____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-256
Bond Trustee Services - Contract
RESOLUTION NO. 22-256
APPROVING A PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF
OF THE CITY OF ROSEVILLE
WHEREAS, a Professional Services Agreement for bond trustee services, by and between the City of Roseville and U.S. Bank Trust Company, National Association, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said professional services agreement 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 three (3) 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 , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #: 2179
File #: 0215
Title: User and Regulatory Fees - Correction and Clarification Contact: Jeannine Thrash 916-774-5473 [email protected] Dennis Kauffman 916-774-5313 [email protected]
Meeting Date: 7/6/2022
Item #: 7.18.
RECOMMENDATION TO COUNCIL
Staff recommends the City Council adopt a resolution to adopt an amended Schedule of User and Regulatory Fees adjusting various building permit fees to correct a mathematical error and to clarify hourly billing rates to be used for development related cost recovery billings.
BACKGROUND
The City's schedule of user and regulatory fees identifies fees for services and activities provided at the request of, or on behalf of, a single party as opposed to the public at large. The fee schedule is intended to be reviewed annually, with staff conducting bi-annual studies to identify the City’s costs of providing fee-related services based on current labor rates and service delivery methods.
On April 20, 2022 the City Council adopted an updated schedule of fees for use in Fiscal Year 2022-23. The adopted schedule of fees intended to apply a 5% inflationary adjustment to most development related fees. However, the building permit fee table included in the fee schedule and adopted by the City Council inadvertently included an inflationary adjustment of less than 5%. The amended fee schedule reflects the correct amounts. Additionally, since many of the City’s fees are collected via a deposit-based cost recovery billing system, staff intends to clarify that the factor used for hourly billings are adjusted by the same inflationary adjustment of 5%.
FISCAL IMPACT
The fiscal impact for FY2022-23 fee updates was included as part of the April 20, 2022 agenda item. Since this is simply a correction and clarifying item, there is no additional fiscal impact associated with this change.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The approval of the resolution meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Respectfully Submitted,
Jeannine Thrash, Management Analyst
Dennis Kauffman, Assistant City Manager/Chief Financial Officer _____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-247
Redline of fee updates
Amended Master Schedule of User and Regulatory Fees
RESOLUTION NO. 22-247
ADOPTING AN AMENDED SCHEDULE OF USER AND REGULATORY FEES WHEREAS, user and regulatory fees are established by the City Council; and WHEREAS, on April 20, 2022, the City Council adopted an updated schedule of fees for use in Fiscal Year 2022-23; and
WHEREAS, the adopted schedule of fees intended to apply a 5% inflationary adjustment to most development related fees; and
WHEREAS, the adopted scheduled inadvertently contained some errors and therefore staff is adjusting various building permit fees to correct a mathematical error and to clarify hourly billing rates to be used for development related cost recovery billings; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that the amended Schedule of User and Regulatory Fees is hereby adopted; and BE IT FURTHER RESOLVED that these fees are incorporated into the City’s current master Schedule of User and Regulatory Fees.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
1 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
Total Valuation
Y'rly
In'fltr
$1 to $500 $61.10 Y
$501 to $1,000 $61.10 for the first $500 plus $2.94
$3.06
for each add'l $100 or
fraction thereof, to and
including $1,000
Y
$1,001 to $3,000 $75.82
$76.40
for the first $1,000 plus $3.24
$3.37
for each add'l $100 or
fraction thereof, to and
including $3,000
Y
$3,001 to $25,000 $140.53
$143.80
for the first $3,000 plus $12.94
$13.44
for each add'l $1,000 or
fraction thereof, to and
including $25,000
Y
$25,001 to $50,000 $425.23
$439.48
for the first $25,000 plus $10.59
$11.00
for each add'l $1,000 or
fraction thereof, to and
including $50,000
Y
$50,001 to $100,000 $689.88
$714.48
for the first $50,000 plus $7.35
$7.63
for each add'l $1,000 or
fraction thereof, to and
including $100,000
Y
$100,001 to $500,000 $1,057.39
$1,095.98
for the first $100,000 plus $5.88
$6.10
for each add'l $1,000 or
fraction thereof, to and
including $500,000
Y
$500,001 to $1,000,000 $3,407.04
$3,535.98
for the first $500,000 plus $4.42
$4.59
for each add'l $1,000 or
fraction thereof, to and
including $1,000,000
Y
$1,000,001 and up $5,616.14
$5,830.98
for the first $1,000,000 plus $2.35
$2.44
for each additional $1,000 or
fraction thereof
Y
Total Valuation
Y'rly
In'fltr
$0 to $120,000 $1,445.77 Y
$120,001 and up $1,445.77 for the first $120,000 plus $9.78 for each add'l $11,000 or fraction thereof
Y
Table B - Permit Fees
FY 22-23 Permit Fee
Table B.1 - Production Home Permit Fees
FY 22-23 Permit Fee
E. Permit Fees - Subject to any applicable minimum permit fees stated elsewhere in this schedule, Table B and B.1, shall apply for the purpose of establishing minimum permit fees.
Production Home Permit Fees - Building permits for production homes (those homes that are one and two family homes having an approved master plan, which is a complete set of building plans from which multiple homes may be constructed) shall have a minimum permit fee as calculated in Table B.1. 2 City of Roseville
Schedule of User and Regulatory Fees
Bill Factor for Cost Recovery Hourly Billing Rates
Fee Description FY 21-22 FY 22-23 Change Note
Y'rly
In'fltr
1 Development Services - Planning 3.15 3.31 5.00% N
2 Development Services - Engineering 3.13 3.29 5.00% N
Schedule of User and Regulatory Fees
Effective July 1, 2022 through June 30, 2023
Appoved with Resolution 22-100
Amended July 6, 2022
City of Roseville
Schedule of User and Regulatory Fees
Fee Category Page
1 Administrative Fees 3
2 Revenue and Finance Fees 5
3 Utility Customer Billing, Accounting, and Service Fees 7 4 Planning (Entitlement) Fees 8
5 Development Services Engineering and Encroachment Permit Fees 12 6 Trench Cut Recovery Fees 13
7 Building Fees 14
8 Development Impact Fee Deferral Fees 24
9 Housing Fees 25
10 Electric Fees 26
11 Environmental Utilities Fees 27
12 Fire & Life Safety Fees 29
13 Emergency Medical Services First Responder Fee 34
14 Police Department Fees 35
15 Animal Licensing and Permit Fees 38
16 Oversize Vehicle Permit Fees and Building Moving Permit Fees 39 17 Parking Permit Fees 40
18 Special Event, Film, and Banner Permit Fees 41
19 Parks, Recreation, & Libraries Department Fees 42
3 City of Roseville
Schedule of User and Regulatory Fees
Administrative Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
City-Wide Records
1 Documents
a) 8.5 x 11 - Black and White
i) 0 - 9 Copies No Charge N
ii) 10+ Copies $0.10 per page N
b) 8.5 x 14 and 11 x 17 - Black and White $0.20 per page N c) Color Copies
i) 8.5 x 11 $0.50 per page N
ii) 11 x 17 $1 per page N
iii) 18 x 24 $2 per page N
iv) 24 x 36 $3 per page N
2 Photos $0.50 per copy N
3 Recordings $6 each N
4 Digital Media (e.g. USB Flash Drive) $8 each N
5 Agenda Subscription
a) 6 Months $20 N
b) 12 Months $40 N
6 Budget Book
a) Available on City website No charge N
b) Hardcopy Actual cost
or per page fee
N
7 Requests Requiring Special Programming or Formatting Actual cost [a] N Passport
8 Passport Processing Fee $35 [b] N
9 Passport Photo Fee $12 Y
10 Passport Express Postage Actual postage cost N
Notary
11 Notary Charge $15 each N
Subpoena
12 Subpoena Fees Fees Vary - See Note [b] N
Election
13 Candidate Nomination Filing Fee $25 per filing [b] N 14 Fee for Late Filing of Reports of Campaign Contributions and Expenditures
See Note [c] N
4 City of Roseville
Schedule of User and Regulatory Fees
Administrative Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
Amplified Sound
15 Sound Permit $25 Y
Franchise Application
16 Franchise Application Fee
a) Refuse Hauler $260 two-year term N
b) Community Antenna Television System $100 N
c) All Others $150 N
[b] Maximum fees established by State/Federal agencies. [c] See Roseville Municipal Code Fine Schedule and/or Roseville Municipal Bail Schedule. [a] Fee for preparation of reports/formats that need to be generated by the City because they are not typically maintained.
Amounts charged will include a pass-through of any vendor costs incurred. 5 City of Roseville
Schedule of User and Regulatory Fees
Revenue and Finance Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Finance Administrative Fee - Special Financing District Formation or Annexation
$2,500 per request [a] N
[a] Amount represents initial, upfront fee amount collected. Additional fees will apply depending on district type and requested action.
6 City of Roseville
Schedule of User and Regulatory Fees
Revenue and Finance Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Short Term Rental Application Fee $185 per application N 2 Short Term Rental Renewal Fee $85 per application N
3 Delinquent fee (percentage of renewal fee) 60% (or $51) [a] N [a] Delinquent fees are charged if the renewal fee is received more than 30 days past original expiration date. 7 City of Roseville
Schedule of User and Regulatory Fees
Utility Customer Billing, Accounting, and Service Fees
Fee Description FY 22-23 Fee
Y'rly
In'fltr
1 Reestablishment Fee - Residential Electric
a) During Normal Hours $40 N
b) After Hours $85 N
2 Reestablishment Fee - Commercial Electric
a) During Normal Hours $150 N
b) After Hours $175 N
3 Reestablishment Fee - Water $150 N
4 Returned Check/ABD/ACH Fee (for first dishonored check or EFT) $25 N 5 Subsequent Returned Check/ABD/ACH Fee (after the first dishonored check or EFT)
$35 N
6 Late Payment Fee 5% of late balance N
7 Unauthorized Service Reconnect Fee $50 N
8 Utility Bill Reprint Fee $1 N
9 Access Fee $50 N
10 Same Day Service Equal to Reestablishment Fee N
8 City of Roseville
Schedule of User and Regulatory Fees
Planning (Entitlement) Fees
Fee Description
FY 22-23
Fixed Fee
FY 22-23
Deposit Note
Y'rly
In'fltr
Appeals
1 Planning Director's Decision $1,648 [a] Y
2 PC/DC Decision to City Council $1,543 [a] Y
Annexations
1 Annex/PZ/Detach/SOI $20,000 Y
Development Agreements (DA)
1 Adoption of DA $20,000 Y
2 Amendment of DA $20,000 Y
3 Associated with Affordable Housing $3,003 Y
4 Associated with Single Topic Item $6,796 Y
5 Development Agreement Review/Compliance Fee $1,925 [b] Y Environmental Review
1 Exemption Without Initial Study $419 Y
2 Exemption With Initial Study $1,021 Y
3 Negative Declaration with No Mitigation $1,567 Y
4 Tiered Negative Declaration with Mitigation $3,122 Y
5 EIR Deposit $20,000 Y
General Plan Amendment (GPA)
1 GPA 10 Acres or Less, Map/Text $10,000 Y
2 GPA 10+ Acres, Map/Text $17,000 Y
3 GPA - Text Policy Amend $15,000 Y
Public Utility Easement Abandonment
1 Summary Vacation $3,472 Y
2 General Vacation $5,181 Y
Signs
1 Standard Sign Permit $288 Y
2 Planned Sign Permit Program $1,171 Y
3 Sign Permit/Program - Public Hearing Required $2,519 Y 4 Administrative Permit for Sign Exception (Variance) $2,320 Y 5 PSP Minor Modification $329 Y
Specific Plan Amendment (SPA)
1 SPA Adoption, Map/Text $30,000 Y
2 SPA 10 Acres or Less, Map/Text $10,000 Y
3 SPA 10+ Acres, Map/Text $20,000 Y
4 SPA Text/Policy Deposit $15,000 Y
Subdivisions/Condominiums
1 Grading Plan - Minor $3,617 Y
2 Grading Plan - Major $8,000 Y
3 Lot Line Adjustment $3,617 Y
4 Extension to a Tentative Map $3,617 Y
5 Voluntary Merger $3,617 Y
6 Reversion to Acreage $5,282 Y
9 City of Roseville
Schedule of User and Regulatory Fees
Planning (Entitlement) Fees
Fee Description
FY 22-23
Fixed Fee
FY 22-23
Deposit Note
Y'rly
In'fltr
7 Minor Modification to a Tentative Map $2,000 Y
8 Major Modification to a Tentative Map $10,000 Y
9 Tentative Parcel Map, 4 or Fewer Lots $6,000 Y
10 Tentative Parcel Map, 5 - 99 Lots $11,000 Y
11 Tentative Parcel Map, 100 - 499 Lots $16,000 Y
12 Tentative Parcel Map, 500+ Lots $24,000 Y
Zoning Ordinance Entitlements
1 Administrative Permit $1,445 Y
2 Conditional Use Permit $9,000 Y
3 CUP Modification $5,000 Y
4 CUP Extension $6,419 Y
5 Design Review Permit (DRP) $8,000 Y
6 DRP - Modification $5,000 Y
7 DRP - Extension $5,804 Y
8 DRP - Minor $244 Y
9 DRP - Additions or New Construction (DTSP Only) $244 Y 10 DRP - Façade Improvements (DTSP Only) $244 Y
11 DRP - Predesign (DTSP Only) $244 Y
12 DRP - Residential Subdivision with Other Permit $6,419 Y 13 Flood Encroachment Permit $8,000 Y
14 MPP Stage 1 or Stages 1 & 2 $20,000 Y
15 MPP Modification $7,000 Y
16 MPP Stage 2, Extend of Stage 1 and/or 2 $7,000 Y
17 MPP Administrative Modification $1,879 Y
18 Planned Development Permit $11,000 Y
19 TP Admin - Approved at Public Counter $240 Y
20 TP - Req. Public Hearing for SFD or 10 Trees or Less $4,333 Y 21 TP - Req. Public Hearing for DRP/TM or 11+ Trees $6,671 Y 22 Administrative Variance $1,443 Y
23 Variance to Develop Standards - Req. Public Hearing $4,834 Y 24 Variance to Parking Standards $6,081 Y
25 Wireless Telecommunications Facilities Permit $1,200 Y 26 Zoning Clearance $165 Y
27 Zoning Interpretation - Hearing Required $3,832 Y
28 Zoning Interpretation - Non Hearing Item $150 Y
Zoning Ordinance Amendments
1 Ordinance Text Amend (Zoning, Subdivision, Sign) $10,000 Y 2 Zoning Map Change (RZ) 10 Acres or Less $10,000 Y
3 Zoning Map Change (RZ) 10+ Acres $17,000 Y
10 City of Roseville
Schedule of User and Regulatory Fees
Planning (Entitlement) Fees
Fee Description
FY 22-23
Fixed Fee
FY 22-23
Deposit Note
Y'rly
In'fltr
Other
1 Pre-Application Meetings $4,000 [c] Y
2 New Non-Residential Plan Check [d] N
3 Commercial Plan Check - TI [d] Y
4 Change of Address Fee Y
5 Street Name Change Fee Y
6 Planning Department Plot Plan Review (Bundles of 10) Y 7 Radius List Prep-Previously Developed Area Y
8 Preparation Undeveloped Area/Mailing Y
9 Farmer's Market Permit Y
10 Home Occupation Permit Y
11 Parking In-Lieu Fee (DTSP Only) [e] N
12 In-Lieu Tree Mitigation Fee (Per Inch) [f] N
13 CUP - Vernon St. and Historical District Only Y
14 Technology Fee N
15 ICR for Full Cost Recovery Billings
15% of Bldg PC
$184
$460
$828
$184
$152
$392
$575
$165
$9,680
$118
$1,644
3.0%
3.31 N
As may be required by the Development Services Department for project evaluation or environmental review, all payment for consultant work shall be the responsibility of the applicant. * Note regarding annual inflationary adjustment: The Initial deposit amounts will not be inflated annually, but the underlying hourly billing rates should inflate annually by the change in hourly labor rates and/or indirect cost rate multipliers.
Full Cost Deposits and Deposit Replenishment
When more than one Full Cost application is submitted, the sum total of the initial full cost deposit amount can be reduced by 20%.
Applicants for Full Cost Entitlement Applications shall pay for all City staff time required to process the application. A full cost reimbursement agreement shall be included with the project application submittal package. Projects outside the scope of this fee schedule (as determined by the Development Services Director) will be subject to a full cost reimbursement agreement to be approved by the City Council. This reimbursement agreement will include the identification of a work program and will include cost estimates for both City staff time and consultant services based on a defined scope of work.
Initial deposits as shown on the fee schedule will be collected and held by the City in a deposit account at the time the application is submitted. The cost of staff time will be drawn from the deposit account. A positive account balance shall be maintained at all times during the review process. No work will be performed on a project with a negative fund balance. If the deposit is reduced to below 20% of the initial deposit amount, the applicant will be notified and required to supplement the deposit account with an additional amount no less than 50% of the original deposit.
Funds expended for staff time shall not be dependent upon the City’s approval or disapproval of the application request. The deposit account will be held open for 90 days after project approval for City to complete any miscellaneous clean up items and to account for all project related costs. Any deposit amounts remaining after final project close out will be returned to applicant.
In the event that the deposit account is exhausted prior to final close out, the balance owed to the City will be credited against the plan check and inspection fee deposit at time of improvement plan review. 11 City of Roseville
Schedule of User and Regulatory Fees
Planning (Entitlement) Fees
Application fees are not refundable except as follows:
[c] Pre Application Meetings – The City will provide up to 2 meetings with staff to discuss the initial project review and City policies relative to the proposed project. Additional meetings and staff review prior to a formal application shall be billed on a time and material basis. The project proponent will be asked to submit the pre application deposit and a full cost reimbursement agreement.
Staff will record all time against the deposit account. Balances remaining in the deposit account will be applied to the application deposit account or refunded within 60 days. Negative balances will be due in full along with the application deposit or fee at time of Entitlement Application submittal.
[d] Non-Residential - Per Building Code, this includes Commercial and Multi-family developments. Plan Check Fees to be assessed as part of Building Department Plan Check Fee. This fee shall be 15% of the building Plan Check Fee for New Non-Residential construction (Commercial and Multi-family). Fee to be collected with Building's Plan Check Fee. [e] Parking In-Lieu Fee is an optional fee that non-residential uses in the Downtown Specific Plan Area can utilize instead of providing required parking on-site. Fees for the 1st stall will be 10% of the parking in-lieu fee, 2nd stall 25%, 3rd Stall 50%, 4th stall 75% and 5 or more stalls 100% of the in-lieu fee.
[f] In-Lieu Tree Mitigation Fee for the removal of protected trees is calculated per inch of the diameter at breast height of the tree.
Refund Policy
A. Refund of 100% shall be made if a determination is made by the Development Services Director that the permit and associated fee are not required by the City of Roseville Municipal Code or adopted City Resolution.
B. If an applicant requests to withdraw a fixed fee application prior to the PEM, refund of 50% of the applicable fee shall be refunded.
C. No refund of application fees shall be made after a Project Evaluation Meeting has been held, unless a fee waiver is approved by the Roseville City Council.
[b] Development Agreement Review/Compliance Fee pertains to individual development agreements. Fee will be distributed to landowners on a pro-rata basis.
[a] Appeals - This fee reimburses the administrative costs associated with an appeal. Applicants for Citywide Full Cost Entitlements shall continue to pay for all City staff time and materials, consistent with the full cost reimbursement agreement, required to complete the processing of an application in the event of an appeal. 12 City of Roseville
Schedule of User and Regulatory Fees
Development Services Engineering and Encroachment Permit Fees Fee Description FY 22-23 Fee
Initial
Deposit
Fee
Paid
Bond
Amount [a] Note
Y'rly
In'fltr
1 Final Subdivision Map Billed hourly based on
total labor hrs
$2,500 plus
$10 per lot
At submittal Y
2 Final Parcel Map
a) base fee $1,528 At submittal [b] Y
b) per lot fee $61 At submittal [b] Y
3 Lot Line Adjustment
(per adjusted line)
$275 At submittal [c] Y
4 Improvement Plan
Check/Inspection
Billed hourly based
on total labor hrs
$1,000 minimum
5% of Eng. cost est.
2.5% at submittal
2.5% at plan approval
2.5% at submittal
2.5% at plan approval
100% of
improvements
Y
5 Grading Plan
a) Subdivision,
Commercial, or
Industrial Sites
Billed hourly based
on total labor hrs
$1,000 minimum
5% of Eng. cost est.
2.5% at submittal
2.5% at plan approval
2.5% at submittal
2.5% at plan approval
10% of erosion
control and
grading
Y
b) All Other Sites
i) Up to 500 Cubic
Yards
$367 $100 at submittal $100 at submittal
remainder due at
permit issuance
10% of erosion
control and
grading
Y
ii) Greater than 500
Cubic Yards
Billed hourly based
on total labor hrs
$1,000 at submittal $1,000 at submittal
balance due prior
to final signoff
10% of erosion
control and
grading
Y
6 Encroachment Permit:
a) Dumpster $73 At submittal $0 Y
b) Sidewalk 5% of Project Cost
$150 minimum
At submittal $1,000 /
contractor
N
c) Driveway 5% of Project Cost
$150 minimum
At submittal $500/resident
$1,000/c'ntrctr
N
d) Lane Closure $183 At submittal $0 Y
e) Swim Pool Access $183 At submittal TBD by Director Y f) Monitoring Wells 5% of Project Cost
$150 minimum
At submittal $2,000 per well N
g) All Others Billed hourly based
on total labor hrs
5% of Eng. cost est.
2.5% at submittal
2.5% at plan appr'vl;
$1,000 minimum
2.5% at submittal
2.5% at plan appr'vl
100% of
improvements
Y
7 Technology Fee 3% of permit fee At permit issuance N
8 ICR for Full Cost
Recovery Billings
3.29 N
[a] Bond amounts paid at permit issuance.
[b] Final parcel map fee collected as base fee plus per lot fee. [c] Lot line adjustment fee is fee for each adjusted line. * Note regarding annual inflationary adjustment: The Initial deposit amounts will not be inflated annually, but the underlying hourly billing rates should inflate annually by the change in hourly labor rates and/or indirect cost rate multipliers. 13 City of Roseville
Schedule of User and Regulatory Fees
Trench Cut Recovery Fees
Fee Description
FY 22-23
Permit Fee
FY 22-23
Trench Cut Fee
Cut
Fee Unit Note
Y'rly
In'fltr
Trench Cuts Requiring Pmt. of Admin. Permit Fee Only
1 Street scheduled for resurfacing within next fiscal year $367 $0.00 Y 2 Proposed excavation includes an overlay $367 $0.00 Y
3 Proposed excavation for a CIP $367 $0.00 Y
4 Street pavement quality index (PQI) 0-4 $367 $0.00 Y
All Other Trench Cuts
5 Longitudinal Cut
a) Cut within 3' of lane line
i) PQI: 4.1 - 6.5 $367 $15.84 per LF Y
ii) PQI: 6.6 - 8.4 $367 $21.12 per LF Y
iii) PQI: 8.5 or greater $367 $26.40 per LF Y
b) Cut within one lane width
i) PQI: 4.1 - 6.5 $367 $11.88 per LF Y
ii) PQI: 6.6 - 8.4 $367 $15.84 per LF Y
iii) PQI: 8.5 or greater (moratorium street) $367 $19.80 per LF [a] Y 6 Traverse Cut
i) PQI: 4.1 - 6.5 $367 $9.66 per LF Y
ii) PQI: 6.6 - 8.4 $367 $12.87 per LF Y
iii) PQI: 8.5 or greater (moratorium street) $367 $16.08 per LF [a] Y 7 Cut is a Patch
i) PQI: 4.1 - 6.5 $367 $10.69 per LF Y
ii) PQI: 6.6 - 8.4 $367 $14.25 per LF Y
iii) PQI: 8.5 or greater (moratorium street) $367 $17.82 per LF [a] Y [a] Moratorium streets require director approval for trenching. 14 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
Group FY22/23 Valuation Unit
Y'rly
In'fltr
A B
1 A-1 Assembly, theaters, with stage $93.60 $46.80 per SF N 2 A-1 Assembly, theaters, without stage $93.60 $46.80 per SF N 3 A-2 Assembly, nightclubs $93.60 $46.80 per SF N
4 A-2 Assembly, restaurants, bars, banquet halls $111.80 $55.90 per SF N 5 A-3 Assembly, churches $93.60 $46.80 per SF N
6 A-3 Assembly, general, community halls, libraries, museums $88.40 $44.20 per SF N 7 A-4 Assembly, arenas $105.30 $52.65 per SF N
8 B Business $88.40 $44.20 per SF N
9 E Educational $94.90 $47.45 per SF N
10 F-1 Factory and Industrial, moderate hazard $49.40 $24.70 per SF N 11 F-2 Factory and Industrial, low hazard $49.40 $24.70 per SF N 12 H-1 High Hazard, explosives $49.40 $24.70 per SF N
13 H-2,3,4 - High Hazard $49.40 $24.70 per SF N
14 H-5 - HPM $79.30 $39.65 per SF N
15 I-1 Institutional, supervised environment $126.72 $63.36 per SF N 16 I-2 Institutional, hospitals $131.29 $65.65 per SF N 17 I-2 Institutional, nursing homes $249.09 $124.55 per SF N 18 I-3 Institutional, restrained $145.80 $72.90 per SF N 19 I-4 Institutional, day care facilities $126.72 $63.36 per SF N 20 M Mercantile $62.40 $31.20 per SF N
21 R-1 Residential, hotels $97.50 $48.75 per SF N
22 R-2 Residential, multiple-family $100.18 $50.09 per SF N 23 R-3 Residential, one- and two-family $110.00 $55.00 per SF N 24 R-4 Residential, care/assisted living facilities $106.60 $53.30 per SF N 25 S-1 Storage, moderate hazard $42.90 $21.45 per SF N
26 S-2 Storage, low hazard $41.60 $20.80 per SF N
27 U Utility, miscellaneous $32.50 $16.25 per SF N
A. Construction Valuation Table - Table A is the construction valuation table adopted for the purpose of establishing permit fees as construction valuation is a factor in the cost of providing permitting services. These valuations correlate to the square footage costs of permitting, plan review, and inspection services based upon the hourly rate for building services identified in this fee schedule.
Table A - Construction Valuation
15 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
1 2
1 2
3 4
5 6
7 8
9 10
11 12
13 B. Determination of Construction Valuations - The building official shall determine construction valuations as follows:
New Construction. New construction shall be based upon the square footage of the proposed project multiplied by the amount stated in Column A of Table A corresponding to the occupancy group, as determined by the building official, for a total construction value.
Improvements. Improvements to existing buildings shall be based upon the square footage of the proposed improvements multiplied by the amount stated in Column B of Table A corresponding to the occupancy group, as determined by the building official, for a total construction value.
C. Commercial Building Valuations - Minimum commercial building valuations are stated below for the purposes of establishing minimum permit fees to cover the cost of service for the project listed. The higher valuation shall be assessed unless otherwise stated.
Tenant Improvements Processed Over the Counter (OTC Permits). Tenant Improvement OTC permits shall have a minimum valuation of $8,000.
OTC Permits for Commercial Projects. OTC permits for commercial projects such as demolition, electrical, mechanical, plumbing and other work not otherwise defined shall have a minimum valuation of $3,000.
Cell Towers - Change out of Antennas Only. Cell towers requiring change-out of antennas only shall be considered a TI remodel with a minimum valuation of $3,000.
Cell Towers - Major Remodel. Cell towers undergoing a major remodel shall have a minimum valuation of $8,000.
Shelves and Racking. Permits for shelves and racking shall be considered a TI remodel. Construction valuation for fee setting purposes shall be the GREATER OF $8,000 OR the construction valuation calculated by multiplying the square footage by the amount stated in Column B of Table A for the U, Utility, Miscellaneous Occupancy Group.
Tenant Improvements Requiring Plan Submittal. Tenant Improvements (TIs) requiring plan submittal shall have a minimum valuation based upon Column B of Table A. For purposes of this section, a tenant improvement is defined as any improvement, maintenance or other updating on commercial property; improvement, maintenance or other updating on multi-family property; improvement, maintenance or other updating on residential care facilities and model home sales complexes, including sales trailers.
Commercial Photovoltaic. Commercial photovoltaic permits shall be based on a set valuation of $40,000.
Electrical Service Upgrade. Electrical service upgrade permit fees shall have a minimum valuation of $3,000.
Commercial Reroofing. Commercial reroofing permits shall have a minimum valuation of $423.17 per 100 square feet of roof area or a total minimum valuation of $20,000.
OTC Permits for Commercial Projects. OTC permits for commercial projects such as demolition, electrical, mechanical, plumbing and other work not otherwise defined shall have a minimum valuation of $3,000.
Pool Replaster and Repairs. For permits for commercial pool replaster and/or repairs, the construction valuation for fee setting purposes shall be the GREATER OF $8,000 OR the construction valuation calculated by multiplying the pool square footage by the amount stated in Column B of Table A for the U, Utility, Miscellaneous Occupancy Group.
Stucco or Siding on Multi-Family. For permits for stucco or siding on multi-family units, construction valuation for fee setting purposes shall be the GREATER OF $8,000 OR the construction valuation calculated by multiplying the linear footage of exterior home and garage x 1 SF (= remodel SF) by the amount stated in Column B of Table A for the R-2, Residential Multi-Family Occupancy Group.
Stair Repair on Multi-Family. For permits for stair repair on multi-family units, construction valuation for fee setting purposes shall be the GREATER OF $8,000 OR the construction valuation calculated by multiplying the square footage of the stair area(s) x number of floors of the building(s) by the amount stated in Column B of Table A for the R-2, Residential Multi-Family Occupancy Group.
16 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
14 15
16 17
18 19
20 21
22 23
24 1
2 3
4 5
6 7
8 Electronic Gates. For permits for electronic gates, the construction valuation for fee setting purposes shall be the GREATER OF $8,000 OR the construction valuation calculated by multiplying the lineal footage of the gate and replacement fence x 1 SF (=SF) by the amount stated in Column A of Table A for the U, Utility, Miscellaneous Occupancy Group.
Facade Remodel. For permits for facade remodel, the construction valuation for fee setting purposes shall be the GREATER OF $8,000 OR the construction valuation calculated by multiplying the lineal footage of the facade x 1 SF (=SF) by the amount stated in Column B of Table A for the Occupancy Group listed on the certificate of occupancy.
Reroof. Reroof permits for residential structures shall have a minimum valuation of $239.49 per 100 square feet of roof area or a total minimum valuation of $2,400.
Custom, Non-listed Patio Covers. Custom, non-listed patio covers shall have minimum valuation based upon new construction valuation of Column A of Table A.
Swimming Pools. Swimming pools shall have a set valuation of $25,000 for the purposes of establishing the building permit fee. The swimming pool construction contract valuation shall be reported on the permit application if such amount exceeds $25,000.
Residential Remodel. Residential remodel permits shall have a minimum valuation based upon Column B of Table A.
Residential Additions. Residential additions shall have a minimum valuation based upon Column A of Table A (new construction).
Spray Booth. For permits for spray booth installation, the construction valuation for fee setting purposes shall be the GREATER OF $8,000 OR the construction valuation calculated by multiplying the square footage of the booth area by the amount stated in Column B of Table A for the F, Factory and Industrial Occupancy Group.
Parking Lot Restriping: Site Work. Permits for parking lot restriping shall have a minimum valuation of $8,000.
ADA Upgrades. Permits for ADA upgrades shall have a minimum valuation of $8,000.
Barrier Removal. Permits for barrier removal shall have a minimum valuation of $8,000.
Crane install runways. Permits for crane install runways shall have a minimum valuation of $8,000.
Construction Trailer. For permits for construction trailers hooking up to water/sewer and/or electric, the construction valuation for fee setting purposes shall be calculated by multiplying the trailer square footage by the amount stated in Column B of Table A for the B, Business Occupancy Group.
Commercial Charging Station. For permits for commercial charging stations, the construction valuation for fee setting purposes shall be based on the construction valuation provided by the applicant with a minimum valuation of $8,000.
Emergency Generator to Cell Site. Permits for emergency generators to cell sites shall have a minimum valuation of $8,000.
Pumpkin Lot/Tree Lot. Permits for pumpkin or tree lots shall have a minimum valuation of $8,000.
Combination of Residential Remodel and Residential Addition. With respect to a permit application for a combination residential remodel and residential addition subsection (D)(3) shall apply with respect to the residential remodel portion and subsection (D)(4) shall apply with respect to the residential addition (new construction) portion for a total construction valuation for the permit.
Photovoltaic. Photovoltaic permits shall be based upon a set valuation of $18,000 for the purposes of establishing the permit fee.
D. Residential Building Valuations - Minimum residential building valuations are stated below for the purposes of establishing minimum permit fees to cover the cost of service for the project listed. The higher valuation shall be assessed unless otherwise stated.
Pre-Engineered, Listed Patio Covers. Pre-engineered, listed patio covers shall have a set valuation of $3,000 for the purposes of establishing the building permit fee. The patio construction contract valuation shall be reported on the permit application if such amount exceeds $3,000.
17 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
9 10
11 12
13 14
15 16
17 18
19 Shed. For permits for residential sheds, the construction valuation for fee setting purposes shall be the GREATER OF $2,400 OR the construction valuation calculated by multiplying the square footage of the shed (= SF) by the amount stated in Column A of Table A for the U, Utility, Miscellaneous Occupancy Group.
Stucco or Siding. For permits for stucco or siding on residential units, construction valuation for fee setting purposes shall be the GREATER OF $2,400 OR the construction valuation calculated by multiplying the linear footage of exterior home and garage x 1 SF (= remodel SF) by the amount stated in Column B of Table A for the R-3, Residential, One- and Two-Family Occupancy Group.
Fence or Retaining Wall. For permits for residential fences or retaining walls, the construction valuation for fee setting purposes shall be the GREATER OF $2,400 OR the construction valuation calculated by multiplying the linear footage of fence or wall x 1 SF (= SF) by the amount stated in Column A of Table A for the U, Utility, Miscellaneous Occupancy Group.
Windows. Permits for residential windows shall have a minimum valuation of $2,400.
Plumbing OTC Permits. OTC permits pertaining to plumbing shall have a minimum valuation of $900.
Mechanical, Electrical, Car Charging Stations, Demolition and Other OTC Permits Not Specified in this Section. OTC permits for mechanical, electrical, car charging stations, demolition, and other permits not specified in this section shall have a minimum valuation of $2,400.
Fire Repair. For permits for residential fire repair, the construction valuation for fee setting purposes shall be calculated in the same manner as a residential remodel.
Deck Repair. For permits for deck repair, the construction valuation for fee setting purposes shall be the GREATER OF $2,400 OR the construction valuation calculated by multiplying the square footage of the deck area being repaired (= SF) by the amount stated in Column B of Table A for the U, Utility, Miscellaneous Occupancy Group.
Freestanding Fireplace. Permits for a freestanding fireplace shall have a minimum valuation of $2,400.
BBQ. Permits for a barbeque (BBQ) shall have a minimum valuation of $2,400.
Pool Replaster and Repairs. For permits for residential pool replaster and/or repairs, the construction valuation for fee setting purposes shall be the GREATER OF $2,400 OR the construction valuation calculated by multiplying the pool square footage by the amount stated in Column B of Table A for the U, Utility, Miscellaneous Occupancy Group. 18 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
Total Valuation
Y'rly
In'fltr
$1 to $500 $61.10 Y
$501 to $1,000 $61.10 for the first $500 plus $3.06 for each add'l $100 or fraction thereof, to and
including $1,000
Y
$1,001 to $3,000 $76.40 for the first $1,000 plus $3.37 for each add'l $100 or fraction thereof, to and
including $3,000
Y
$3,001 to $25,000 $143.80 for the first $3,000 plus $13.44 for each add'l $1,000 or fraction thereof, to and
including $25,000
Y
$25,001 to $50,000 $439.48 for the first $25,000 plus $11.00 for each add'l $1,000 or fraction thereof, to and
including $50,000
Y
$50,001 to $100,000 $714.48 for the first $50,000 plus $7.63 for each add'l $1,000 or fraction thereof, to and
including $100,000
Y
$100,001 to $500,000 $1,095.98 for the first $100,000 plus $6.10 for each add'l $1,000 or fraction thereof, to and
including $500,000
Y
$500,001 to $1,000,000 $3,535.98 for the first $500,000 plus $4.59 for each add'l $1,000 or fraction thereof, to and
including $1,000,000
Y
$1,000,001 and up $5,830.98 for the first $1,000,000 plus $2.44 for each additional $1,000 or fraction thereof
Y
Total Valuation
Y'rly
In'fltr
$0 to $120,000 $1,445.77 Y
$120,001 and up $1,445.77 for the first $120,000 plus $9.78 for each add'l $11,000 or fraction thereof
Y
E. Permit Fees - Subject to any applicable minimum permit fees stated elsewhere in this schedule, Table B and B.1, shall apply for the purpose of establishing minimum permit fees.
Production Home Permit Fees - Building permits for production homes (those homes that are one and two family homes having an approved master plan, which is a complete set of building plans from which multiple homes may be constructed) shall have a minimum permit fee as calculated in Table B.1.
Table B - Permit Fees
FY 22-23 Permit Fee
Table B.1 - Production Home Permit Fees
FY 22-23 Permit Fee
19 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
Fee Description FY 22-23 Fee
Y'rly
In'fltr
1 Permits Requiring Plan Submittal for Review 95% of the Building Permit Fee N 2 Over the Counter Permits Requiring Minimal or No Plan Review 25% of the Hourly Rate or Actual Cost (for time in excess of 1/2 hour)
N
3 Tenant Improvement Environmental Utilities Review
a) Same Use1 $376 Y
b) Change of Use2 $1,026 Y
4 Production Home Permits 37% of the Building Permit Fee N 5 Plans Submitted for the Purposes of Being Mastered 95% of the Building Permit Fee (based on SF valuation of proposed design)
N
6 Emergency Water Heater Repair Exempt From the Admin Fee (allocated one inspection visit. If add'l visits are
required re-inspection fees apply for add'l visits)
N
F. Administration Fee - In addition to the permit fee, an administration fee is established for the city to recover the cost of permit application processing, permit issuance, and plan review and shall be applied as follows:
1 “Same Use” fee applies to any tenant improvement that requires review (by applicable statute) by the Placer County Department of Environmental Health (typical uses include restaurants, hair salons, and medical/dental offices), or tenant improvements that result in changes to equipment such as (but not limited to) triple compartment sinks, sewer lines within kitchen and maintenance areas, grease waste capturing equipment and tanks, water services including fire, domestic and irrigation, and exterior trash enclosures, etc. The fee does not apply to tenant improvements that do not involve new or modifications to existing plumbing. Examples of tenant improvements where the same use fee would not apply include:
addition of new fixtures (sinks, toilets, etc) where no modification to plumbing is proposed, and addition or relocation of interior walls where no new or modification to existing plumbing is proposed. The fee shall also not apply to minor tenant improvements charged the minimum building permit fee based on project valuation. 2 “Change of Use” fee applies to tenant improvements that result in a change from one use to another, such as (but not limited to) office/retail to restaurant, or office/retail to dental/medical office. The change in use fee also applies to plan review of modifications to commercial landscaping for compliance with water efficient landscape requirements.
Determination of Tenant Improvement (TI) Environmental Utilities Review Fee:
20 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Additional Services (1/2 hour minimum) $190 per hour [a] Y 2 Re-inspections (per scheduled stop) $111 per stop [b] Y 3 Inspections Outside of Normal Business Hours $190 per hour [c] Y 4 Work Commenced without a Permit $190 minimum [d] Y
5 Certificate of Occupancy (1 hour minimum) $190 per hour [e] Y 6 Permit Extension or Reinstatement of an Expired Permit $190 per hour [f] Y 7 Third Party Plan Review
(fee is in addition to City Administration Fee in Section F) pass through
of consultant fee
[g] N
8 Fees for Services Not Listed in this Schedule Actual Cost [h] N 9 Refunds and Appeals
a) Fees erroneously paid by applicant or collected or
charged by the agency
100% refund [i][l] N
b) When no work has been commenced up to 75% refund [j][l] N c) Expired permit applications and permits 0% refund [k][l] N G. Additional Time and Materials Fees and Refunds and Appeals - Building permits are subject to additional time and material fees where the cost of service provided by city exceeds the amount collected at application. Such fees shall be calculated as follows:
3. Inspections additional to the inspection with respect to emergency water heater permits. [a] Additional Services (e.g. administrative and plan review) Fees shall be assessed at time of permit issuance and/or prior to final inspection at application. Additional service is defined as follows:
1. Plan Reviews in excess of three (3) submittals to city for review and approval.
2. Plan Review by city departments other than the development services department for projects affecting other City services and not covered by any fees set forth in this section.
3. Other staff time and resources for the purposes of facilitating and approving permit applications and permits.
4. Expedited plan review, when available, and additional resources required to facilitate the expedited plan review process, including consultants and/or other city departments and divisions whose assistance is required for plan approval. [c] Inspections outside of normal business hours will be subject to a 2-hour minimum for evening work and a 4-hour minimum for weekend work.
[d] Whenever any work for which a permit is required has been commenced without first applying for a building permit and receiving permission by the building official, a minimum fee for investigation and administration shall be assessed in addition to the full cost of any required permits.
[e] The fee for a certificate of occupancy shall be a minimum of one hour, and any additional costs beyond one hour of staff time to approve such certificates.
[b] Re-inspections may be assessed based on any of the following:
1. Inspections which are not ready at the time of the scheduled inspection, as determined by a city inspector.
2. Failure by applicant to complete inspection items from previous correction notices. 21 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
[k] Permit applications and building permits that have expired as defined in the California Building Code shall not be subject to any refund.
[l] A building permit applicant may, upon payment of the requested permit fees to city and otherwise complying with California Government Code Section 66022, protest the requested amount to the city council by lodging an appeal with the building official.
City staff shall schedule the appeal to be heard by the city council as soon as reasonably practicable. [f] Permit applications and permits shall expire per the provisions of the California Building Code. Reinstatement and extensions may be granted provided that all costs incurred by the city to date of the request are paid for by the permit applicant. For this purpose, cost is defined as the hours expended for review and administration multiplied by the hourly rate. [g] Third party plan review, when available, shall be assessed and paid at time of permit application. The fee for this service is the hourly or flat rate charged by the consulting firm performing the review. This fee is in addition to the permit Administration Fees identified in "Section F" of this fee schedule for the additional resources required to facilitate the process. [h] Fees for services not otherwise listed in this schedule shall be determined by the building official and based upon the actual cost of providing the service.
[i] The building official may authorize refunding of any fee paid, or portion thereof, which was erroneously paid by applicant or collected by city.
[j] The building official may authorize refunding of not more than seventy-five percent (75%) of fees paid when no work has been done under a permit application or an issued permit in accordance with the adopted California Code of Regulations. In no case shall the refund exceed the cost of services provided to date of cancellation of permit issuance. 22 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
Fee Description FY 22-23 Fee Note
Y'rly
In'fltr
1 Technology Fee (applicable to building permits, fire
permits, improvement plan, and entitlement fees)
3% [a] N
2 General Plan Update Fee $0.50 per $1,000 valuation,
not to exceed $20,000
N
3 Strong Motion Impact (SMI) Fee Calculation
a) Residential $0.50 or valuation x .00013 [b] N
b) Commercial $0.50 or valuation x .00028 [b] N
4 Building Standards Administration Special Revolving Fund (SB 1473) Fee Calculation
Valuation:
a) $1 - $25,000 $1 [b] N
b) $25,001 - $50,000 $2 [b] N
c) $50,001 - $75,000 $3 [b] N
d) $75,001 - $100,000 $4 [b] N
e) Every $25,000 or fraction thereof above $100,000 Add $1 [b] N 5 "SCIP" Administrative Fee
a) Per Single Family Dwelling Permit $515 [c] Y - See Note b) Per Non-Residential Building Permit $1,441 [c] Y - See Note [b] Fee set by State.
H. Technology Fee, General Plan Maintenance Fee, Strong Motion Impact Fee, SB 1473 Fee [a] “Building permit” means the permit issued or required by the city for the construction or modification of any structure pursuant to and as defined by the building code. “Fire permit” means the permit issued or required by the city for the construction or ongoing operations of a structure or business pursuant to and as defined by the fire code. “Improvement plan” means the permit issued or required by the city for the construction of any public or private site improvements as defined by the city’s improvement and construction standards. “Entitlement” means those approvals provided under Title 19, Zoning. [c] In accordance with Resolution No. 19-92, the Statewide Community Infrastructure Program "SCIP" Administrative Fee shall increase annually by 2% or the change in the consumer price index from October to October. 23 City of Roseville
Schedule of User and Regulatory Fees
Building Fees
1 One-half (1/2) hour administration time for application and data input 2 1/2 hour administration time for permit issuance and one hour plan review time including up to two (2) submittals 3 Typically 2 inspections at a minimum of 1/2 hour of staff time 4 Other applicable fees assessed by the State of California and by the Roseville Electric Department pursuant to the Roseville Electric Solar Energy Program Meter Upgrade Charges, as amended from time to time I. Findings Regarding Permit Fees for Residential Rooftop Solar Energy Systems - Pursuant to Section 66015 of the California Government Code (Fees for Rooftop Solar Energy Systems), the city council finds that the reasonable cost to issue a permit for a residential rooftop solar energy system exceeds $450 plus $15 per kilowatt (kW) for each kW above 15 because issuance of the permit requires all of the following:
This higher fee results in a quick and streamlined approval process. 24 City of Roseville
Schedule of User and Regulatory Fees
Development Impact Fee Deferral and SCIP Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Development Impact Fee Deferral
a) Residential $312 per deferral Y
b) Non-Residential
i) Administrative Fee $873 per deferral Y
ii) Interest Charge on Deferred Fees equal to unearned
interest based on
City's 10-yr avg
pooled interest rate
per deferral [a] N
[a] Fee deferral will result in a loss of interest income on monies deferred over the construction timeframe. The interest charge is intended to cover these costs.
25 City of Roseville
Schedule of User and Regulatory Fees
Housing Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Reconveyance Fee $359 per occurrence Y
2 Subordination Fee $417 per occurrence Y
26 City of Roseville
Schedule of User and Regulatory Fees
Electric Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
Solar Energy Program - Meter Upgrade Charges
1 Residential PV Net-Meter $856.54 N
2 Business PV Net-Meter (<10kW system size) $2,028.76 N 3 Business PV Net & PBI Meter (10-100kW system size,
up to 200amp PBI panel)
$2,756.27 [a] N
4 Business PV Net & PBI Meter (10-100kW system size,
>200amp PBI panel)
$4,535.68 [a] N
5 Variance Review Request $211.40 per hour N
6 Plan Reviews or Field Meets Exceeding the Initial and Subsequent Submittal Limit
$211.40 per hour [b] N
Other Service Fees
7 Pedestal Meter Fee $584.35 N
8 Temporary Power Meter Set
a) Temp Power Meter Set Fee - Residential $584.35 N
b) Temp Power Meter Set Fee - Commercial Actual Cost N
9 Extension of Facilities Actual Cost N
10 Svc Connections and Facilities on Customer's Premises Actual Cost N 11 Meter Test
a) Test - More than six-months since prior test $0.00 N b) Test - Within six-months of meter install or prior test Actual Cost N 12 Overhead-to-Underground Conversion of Overhead Utilities Actual Cost N 13 Small Cell Plan Check Fee $782.12 N
14 Technology Fee 3% N
* Note regarding annual inflationary adjustment: For items billed at actual cost or items billed at average labor and material rates, the underlying hourly billing rates should inflate annually by the change in hourly labor rates and/or indirect cost rate multipliers. * All meter upgrade costs must be paid prior to receiving interconnection approval to operate the PV system. [a] Customer is required to supply a dedicated working phone line and monitoring for the duration of the PBI payment term. See the construction standards for phone line requirements. [b] The initial and first resubmittal plan review and the initial and first resubmittal field inspections are included in the basic Meter Upgrade Charge.
27 City of Roseville
Schedule of User and Regulatory Fees
Environmental Utilities Fees
Fee Description FY 22-23 Fee Note
Y'rly
In'fltr
Water
1 Construction Water
a) Fire Hydrant Application Fee $267 Y
b) Usage Rate Current rate per Ccf N
c) Meter and Backflow Rental
i) Monthly Rental Charge $104 Y
ii) Initial Deposit $2,518 Y
2 Meter Installation Actual Cost Y
3 Service Connections Actual Cost Y
4 Tap Actual Cost Y
5 Abandon Water Service Line Actual Cost Y
6 Installation of Facilities in Subdivisions/Other Dev'lpmts Actual Cost Y Water Conservation
7 Water - Water Efficient Landscape Review Actual Cost Y Backflow Prevention Inspection and Cross-Connection Control 8 Backflow Prevention Assembly - Installation, Repair, Replacement Actual Cost [a] Y 9 Backflow Prevention Assembly - Reinspection Fee $71 [b] Y Well Water
10 Well Permit
a) First Well $296 [c] Y
b) Each Additional Well $148 [c] Y
c) Soil Boring (no well) $296 Y
Sewer
11 Private Sewage Disposal System - Plan Review and Inspection Actual Cost Y 12 Building Sewers and Connections
a) Residential and Commercial Service Actual Cost Y
b) Service Establishments Producing Industrial Waste Actual Cost Y 13 Review of Grease, Oil, and Grit Interceptors Actual Cost Y 14 Rate-of-Flow Controller Facility
a) Installation Actual Cost Y
b) Re-inspection Actual Cost Y
15 Industrial Waste Manhole - Plan Review and Inspection Actual Cost Y 16 Closed Circuit TV for Inspection and Warranty Service Actual Cost Y 17 Vactor Service for Cleaning of New Infrastructure for Final Acceptance Actual Cost Y 18 Fabrication of Special Fittings Actual Cost Y
19 Fats, Oils, and Grease Program (FOG) - Costs incurred by the City as a result of required on-site sampling and analysis
Actual Cost Y
20 FOG Program Violation Appeal Cost Reimbursement
a) Public Utilities Commission Actual Cost Y
b) City Council Actual Cost Y
28 City of Roseville
Schedule of User and Regulatory Fees
Environmental Utilities Fees
Fee Description FY 22-23 Fee Note
Y'rly
In'fltr
Recycled Water
21 Recycled Water - Cost of Meter and Installation Actual Cost Y 22 Recycled Water for Construction
a) Fire Hydrant Application Fee $267 Y
b) Usage Rate Current rate per Ccf N
c) Meter Rental
i) Monthly Rental Charge $104 Y
ii) Initial Deposit $2,090 Y
23 Recycled Water - Plan Review and Inspection Actual Cost Y Industrial Wastewater
24 On-Site Sampling Actual Cost Y
Other Fees
25 Plan Review Actual Cost Y
26 On-site Inspections Actual Cost Y
27 Water Warranty Inspections Actual Cost Y
28 Wastewater Warranty Inspections Actual Cost Y
29 Cross Connection Testing Actual Cost Y
30 Cross Connection Testing for Backflows Actual Cost Y 31 Water Continuity Testing Actual Cost Y
32 Spark Testing Actual Cost Y
33 Mapping Actual Cost Y
34 Standby Actual Cost Y
35 Disposal of Chlorinated or Contaminated Water Actual Cost Y 36 Tee Installation Actual Cost Y
37 401 Transition Pipe Actual Cost Y
38 Pipe Coating Actual Cost Y
* Note regarding annual inflationary adjustment: For items billed at actual cost, the underlying hourly billing rates should inflate annually by the change in hourly labor rates and/or indirect cost rate multipliers. [a] Installation, repair, or replacement of a backflow prevention assembly shall be performed by a licensed contractor, or with customer approval, by City personnel. The cost to the City for materials and labor at the prevailing wage shall be paid by the owner [b] Reinspection fee is the fee required to be paid upon finding by an inspector that the backflow prevention assembly is defective or not in compliance backflow prevention assembly standards. [c] Fee is 50% refundable if denied.
29 City of Roseville
Schedule of User and Regulatory Fees
Fire & Life Safety Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
Permits to Operate (Type of Permit Activity)
1 Amusement Building $356 Y
2 Carnivals and Fairs $356 Y
3 Combustible Dust Operations $356 Y
4 Covered Mall Buildings $356 Y
5 Exhibits and Trade Shows $356 Y
6 Explosives or Blasting Agents $890 Y
7 Mobile Fueling $356 Y
8 Recreational or Bon Fire $180 Y
9 Theatrical Fire Performance $356 Y
10 High Pile Storage $356 Y
11 Hot Work Operations $356 Y
12 Industrial Ovens $356 Y
13 Lumber Yards $356 Y
14 Misc. Combustible Storage $356 Y
15 Places of Assembly
a) Less than 300 occupant load $356 Y
b) 300 - 999 occupant load $534 Y
c) 1,000 or more occupant load $710 Y
16 Commercial Day Care Facility
a) 7 - 49 persons $356 Y
b) 50 - 149 persons $534 Y
c) 150 or more persons $710 Y
17 Institutional
a) Less than 6 patients $356 Y
b) 6 or more patients $534 Y
c) Detention facilities $710 Y
18 Apartments/Hotels/Motels
a) 3 - 16 units $270 Y
b) 17 - 32 units $356 Y
c) 33 or more units $534 Y
19 Large Family Day Care
a) Pre-inspection (at hourly rate) $180 per hour Y
20 850 Inspections
a) 850 Inspection (at hourly rate) $180 per hour Y
21 Residential Care Facilities
a) 7 or more residents $534 Y
b) Pre-inspection (at hourly rate) $180 per hour Y
22 Temporary Membrane Structures (Tents/Canopies)
a) 401 - 1,499 SF $270 Y
b) 1,500 - 2,999 SF $356 Y
c) 3,000 - 5,999 SF $534 Y
d) 6,000 or more SF $710 Y
30 City of Roseville
Schedule of User and Regulatory Fees
Fire & Life Safety Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
Plan Review
● Including Inspection Service
● Plan Review Conducted by City Staff
23 Fire Alarm System
a) New Installation $1,596 Y
b) New installation with Two Way Communication $1,596 Y c) Tenant Improvement $710 Y
d) Tenant Improvement: One Device Only $180 Y
e) Large Project > 50 Notification Devices $4,246 Y
f) High Rise $6,366 Y
24 Fire Sprinkler System - New Installation
a) 1 - 99 heads $2,126 Y
b) 100 - 199 heads $2,654 Y
c) 200 or more heads $3,540 Y
25 Fire Sprinkler System - Tenant Improvement
a) < 5 Sprinkler Heads Only $180 Y
b) 6 - 50 heads $710 Y
c) 51 or more heads $1,418 Y
26 Fire Stand Pipe System $1,418 Y
27 Fire Pump System $2,654 Y
28 Hood and Duct System
a) New System $1,240 Y
b) Tenant Improvement $358 Y
29 Special Suppression System (Clean agent, Co2, etc.) $1,772 Y 30 Compressed Gas System
a) Hazardous Material $710 Y
b) Medical Gas $710 Y
31 Smoke Management Systems $4,246 Y
32 Spray Booths (Includes fire protection system) $1,418 Y 33 Radio Amplification System $4,246 Y
Plan Review
● Including Inspection Service
● Plan Review Conducted by City Approved Consultant
34 Third Party Plan Review (fee is in addition to fees shown below in this section)
pass-through of
consultant fee
[a] N
35 Fire Alarm System
a) New Installation $1,076 Y
b) New Installation with Two Way Communication $1,076 Y c) Tenant Improvement $478 Y
d) Large Project > 50 Notification Devices $2,868 Y
e) High Rise $4,296 Y
31 City of Roseville
Schedule of User and Regulatory Fees
Fire & Life Safety Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
36 Fire Sprinkler System - New Installation
a) 1 - 99 heads $1,434 Y
b) 100 - 199 heads $1,792 Y
c) 200 or more heads $2,388 Y
37 Fire Sprinkler System - Tenant Improvement
a) 6 - 50 heads $478 Y
b) 51 or more heads $958 Y
38 Fire Stand Pipe System $958 Y
39 Fire Pump System $1,792 Y
40 Hood and Duct System
a) New System $838 Y
b) Tenant Improvement $242 Y
41 Special Suppression System (Clean agent, Co2, etc.) $1,196 Y 42 Compressed Gas System
a) Hazardous Material $478 Y
b) Medical Gas $478 Y
43 Smoke Management Systems $2,868 Y
44 Spray Booths (Includes fire protection system) $958 Y 45 Radio Amplification System $2,868 Y
Fireworks
46 Fireworks - Public Display (High/Low Level & Ground Devices) a) 200 or less devices $1,066 Y
b) 201 or more devices $1,240 Y
47 Fireworks - Retail Stand $356 Y
48 Fireworks - Special Pyrotechnic Effects $710 Y
Hazardous Materials
49 Flammable or Combustible Liquids/Solids
a) Class I > 5 gal, II or IIIA > 25 gal (inside storage) $356 Y b) ≥ 100 lbs $356 Y
50 Hazardous Materials Storage, Use, or Handling (55 Gallons Liquid, 200 Cu Ft Gas, 500 Lbs. Solid)
[b]
a) Carbon Dioxide System $356 Y
b) 1 - 10 chemicals $356 Y
c) 11 - 20 chemicals $710 Y
d) 21 or more chemicals $1,066 Y
51 Hazardous Waste Generator
a) Hazardous Waste Generator Fee < 55 gal $356 Y
b) Hazardous Waste Generator Fee 55 - 500 gal $534 Y
c) Hazardous Waste Generator Fee 501 - 2,500 gal $710 Y d) Hazardous Waste Generator Fee > 2,500 gal $1,066 Y
32 City of Roseville
Schedule of User and Regulatory Fees
Fire & Life Safety Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
52 Tiered Permitting
a) Permit by Rule (PBR) $1,066 Y
b) Conditionally Authorized $534 Y
c) Conditionally Exempt $534 Y
53 Liquefied Petroleum Gas (LPG)
a) Annual tank ≥ 499 gal $356 Y
b) Tank installation (plan review and inspection)
i) Commercial $710 Y
ii) Residential $356 Y
54 State of California Surcharge CALARP $270 N
55 State of California Surcharge Hazardous Materials $84 N 56 Review of Hazardous Materials Risk Management Plans $180 per hour Y 57 Review of Hazardous Materials Emergency Response Plans $180 per hour Y 58 Hazardous Materials Emergency Spill Response Actual Cost Y 59 Hazardous Materials Oversight of Remediation $180 per hour Y Underground Storage Tanks
60 Annual Permit $1,772 Y
61 Tank Installation (plan review and inspection)
a) First tank $3,540 Y
b) Each additional tank $534 Y
62 Transfer of Ownership $356 Y
63 Tank Removal or Abandonment $1,772 Y
64 System Modification $710 Y
65 UST System Cold Start $356 Y
66 UST Piping Upgrade $1,418 Y
67 State of California UST Surcharge (per tank) $20 N
Aboveground Storage Tanks
68 Annual Permit
a) Annual Permit: 1,320 to 10,000 gallons $356 Y
b) Annual Permit: 10,000 to 100,000 gallons $534 Y
c) Annual Permit: 100,000 to 1,000,000 gallons $710 Y
d) Annual Permit ≥ 1,000,000 gallons $1,066 Y
69 Tank Installation (plan review and inspection)
a) First tank $710 Y
b) Each additional tank $180 Y
70 Transfer of Ownership $356 Y
71 Tank Removal or Abandonment $710 Y
72 System Modification $534 Y
73 State of California APSA Surcharge $26 N
33 City of Roseville
Schedule of User and Regulatory Fees
Fire & Life Safety Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
Administrative Fees
74 Copy of Incident Report (per incident) $18 Y
75 Media Reproduction (audio, video, photographic) Actual Cost Y 76 Emergency Response Caused by DUI Actual Cost Y
77 Weed Abatement Administrative Parcel Fee $356 Y
78 Code Appeal (per hour) $180 Y
79 Fire Flow / Hydrant Test $534 Y
80 Fire & Life Safety Division Hourly Rate $180 per hour Y 81 Minimum Intake Fee $180 Y
82 Voluntary Inspection $356 Y
83 Technical Report (alternate material or method request) $710 Y 84 Inspection Requests (after normal business hours) $534 Y 85 Administrative Fee (excessive resubmittals and inspections) $448 Y 86 Expedited Plan Review Fee (per hour) $202 per hour Y 87 Re-inspection Fee $356 Y
88 Administrative Fee (work without a permit) $534 Y
89 Code Review or Design Consultation (per hour) $180 Y 90 False Alarm Fee $448 Y
91 Fire Extinguisher Training $534 Y
92 Late Payment Penalty for Permits
a) 30 days past due $50 N
b) 60 days past due $100 N
c) 90 days past due $200 N
[b] Fee includes Hazardous Waste Generator < 55 gal.
[a] Third party plan review, when available, shall be assessed and paid at time of permit application. The fee for this service is the hourly or flat rate charged by the consulting firm performing the review. This fee is in addition to the permit Administration Fees identified in the "Plan Review (Including Inspection Service) Plan Review Conducted by City Approved Consultant" of this fee schedule for the additional resources required to facilitate the process.
General Information
* All fees or charges shall be calculated at one (1) hour minimum unless otherwise specified. * All fees for specified services shall be calculated by the Fire Department. * When a requester fails to cancel a requested inspection prior to the scheduled time of inspection, the standard inspection fee shall be charged, with a one hour minimum fee.
* When required, no permit or approval shall be issued until facility or process is brought into compliance with applicable codes and the required service fee is paid in full.
34 City of Roseville
Schedule of User and Regulatory Fees
Emergency Medical Services First Responder Fee
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Emergency Medical Services First Responder Fee $353.71 Y 35 City of Roseville
Schedule of User and Regulatory Fees
Police Department Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Alarm Permit Application
a) Initial permit application $35 for two-year permit N b) Renewal permit application $15 for two-year permit N c) Late Filing Fees
i) Less than 30 days late $5 N
ii) 30 Days $20 N
iii) 60 Days $40 N
iv) 90 Days $80 N
v) 91+ Days
a) Base Fee $80 N
b) Administrative Citation TBD N
c) Fine $100 N
2 Excessive False Alarms:
a) First false alarm
i) Burglary $0 flat fee [a] N
ii) Duress/robbery $0 flat fee [a] N
b) Second false alarm
i) Burglary $60 flat fee [a] N
ii) Duress/robbery $60 flat fee [a] N
c) Third false alarm
i) Burglary $85 flat fee [a] N
ii) Duress/robbery $85 flat fee [a] N
d) Fourth false alarm
i) Burglary $100 flat fee [a] N
ii) Duress/robbery $150 flat fee [a] N
e) Fifth and subsequent false alarms
i) Burglary $150 flat fee [a] N
ii) Duress/robbery $200 flat fee [a] N
3 Appeal of Decision to Deny, Suspend, or Revoke an
Alarm Permit
$75 flat fee N
4 Citation Sign-Off (Non-Roseville Issued Citations) $10 per request Y 5 Traffic Collision Report $10 per request Y
6 Traffic Camera Footage & Photos
a) Footage and Photos $25 per request Y
b) Digital Storage Device $8 per request Y
7 Digital Media Storage Device
a) CD / DVD $2 per request Y
b) Flash Drive $8 per request Y
8 Impounded Vehicle Release Fee $185 per vehicle [b] Y
9 Vehicle Tow Hearing $90 per request Y
10 Criminal Background / Good Conduct Letter
(aka Records Check and Clearance Letter)
$20 per request N
11 Commercial Indoor Firing Range Permit $118 flat fee Y 36 City of Roseville
Schedule of User and Regulatory Fees
Police Department Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
12 Retail Firearms Dealer License
a) Initial permit application $118 flat fee Y
b) Renewal permit application $118 flat fee Y
13 Adult-oriented Business
a) Initial permit application
i) Permit fee $308 flat fee Y
ii) Dept of Justice fee $32 flat fee [c] N
iii) LiveScan fingerprint rolling fee actual cost flat fee N iv) Additional FBI fingerprinting fee, if applicable $17 flat fee [c] N b) Renewal permit application
i) Permit fee $308 flat fee Y
14 Entertainment Permit
a) Initial permit application
i) Permit fee $236 flat fee Y
ii) Dept of Justice fee $32 flat fee [c] N
iii) LiveScan fingerprint rolling fee actual cost flat fee N iv) Additional FBI fingerprinting fee, if applicable $17 flat fee [c] N b) Renewal permit application
i) Permit fee $236 flat fee Y
15 Ice Cream Vendor Permit Application
a) Initial permit application
i) Permit fee $47 flat fee Y
ii) Dept of Justice fee $32 flat fee [c] N
iii) LiveScan fingerprint rolling fee actual cost flat fee N iv) Additional FBI fingerprinting fee, if applicable $17 flat fee [c] N b) Renewal permit application
i) Permit fee $47 flat fee Y
16 Massage Business Permit Application [d]
a) Initial permit application
i) Permit fee $145 flat fee Y
ii) Dept of Justice fee $32 flat fee [c] N
iii) LiveScan fingerprint rolling fee actual cost flat fee N iv) Additional FBI fingerprinting fee, if applicable $17 flat fee [c] N b) Renewal permit application
i) Permit fee $35 flat fee Y
17 Pawnbroker/Secondhand Dealer
a) Initial permit application
i) Permit fee $118 flat fee Y
ii) Dept of Justice fee $32 flat fee [c] N
iii) LiveScan fingerprint rolling fee actual cost flat fee N iv) Additional FBI fingerprinting fee, if applicable $17 flat fee [c] N b) Renewal permit application
i) Permit fee $76 flat fee Y
37 City of Roseville
Schedule of User and Regulatory Fees
Police Department Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
18 Taxicab Driver Permit Application
a) Initial permit application
i) Permit fee $50 flat fee N
ii) Dept of Justice fee $32 flat fee [c] N
iii) LiveScan fingerprint rolling fee actual cost flat fee N iv) Additional FBI fingerprinting fee, if applicable $17 flat fee [c] N b) Renewal permit application
i) Permit fee $50 flat fee N
19 Range Rental
a) 4 hour rental $212 per 4-hr rental Y
b) 8 hour rental $425 per 8-hr rental Y
20 Noise Violation actual cost of
enforcement
per separate offense
following first citation
Y
21 Extraordinary Law Enforcement Services
(multiple responses to disturbance w/in 12-hrs)
actual cost of
enforcement
per separate offense
following first warning
Y
22 Supplemental Law Enforcement Services
a) Hourly Rates for Police Dept Personnel
i) Community Service Officers $50 per hour Y
ii) Police Officers $86 per hour Y
iii) Sergeants $104 per hour Y
iv) Dispatchers $67 per hour Y
b) Hourly Rates for Marked Vehicles
i) Base Rate $25 per hour N
ii) Per mile rate, for each mile over 50 $0.585 per mile [e] N 23 Concealed Weapon License n/a - issued by Placer
County Sheriff
[f] N
* Note regarding annual inflationary adjustment: For items billed at actual cost, the underlying hourly billing rates should inflate annually by the change in hourly labor rates and/or indirect cost rate multipliers. [b] This fee shall be collected only from the registered owner or agent of the registered owner. This fee shall not apply to vehicles impounded as the result of automobile accidents, abatement program, or lien sale, unless the sale is sufficient in amount to pay the lienholder’s total charges and administrative costs. [d] Fee amounts shown are for non-state certified massage therapist applications. There is no fee for State-certified massage therapists/practitioners registering to provide massage services or activities within the City of Roseville. [f] Any Roseville resident wishing to apply for a license to carry a concealed weapon shall be directed to the Placer County Sheriff's Office for permit application and the permit process. [a] Fines are determined by the combined number of both burglary and duress/robbery false alarms. Reimbursement may be waived by the police chief where uncommon circumstances not considered an emergency resulted in false alarm and where the permittee has undertaken to correct alarm system deficiencies. [c] This fee is not established by the City of Roseville. It may be collected on behalf of, or directly by, a third party (e.g. vendor; other public agency). The fee schedule is intended to mirror amounts adopted by third parties. If the amount charged by a third party changes, the amounts collected by the City on behalf of the third party are presumed to change simultaneously. Amounts shown in the fee schedule will be updated as soon as practicable after the City receives notice of the fee change. [e] Set to match IRS standard mileage rates.
38 City of Roseville
Schedule of User and Regulatory Fees
Animal Licensing and Permit Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Animal License (Dog or Cat)
a) 1 Year
i) Certified altered animal $24 each Y
ii) Non-altered animal $48 each Y
iii) Senior Discount $5 off standard fee each N
b) 2 Years
i) Certified altered animal $47 each Y
ii) Non-altered animal $95 each Y
iii) Senior Discount $10 off standard fee each N
c) 3 Years
i) Certified altered animal $70 each Y
ii) Non-altered animal $142 each Y
iii) Senior Discount $15 off standard fee each N
d) Transfer of active license from other jurisdiction $0 each Y 2 Delinquent Penalty for Failure to Renew License within 15 days of Expiration
a) Altered dog $5 flat fee N
b) Unaltered dog $10 flat fee N
3 Lost License or Tag $5 flat fee N
4 Rabies Test Pass-through of actual
cost
flat fee N
5 Kennel License
a) Initial $127 each Y
b) Renewal $63 each Y
6 Special Animal Permit
a) Initial $63 each Y
b) Renewal $63 each Y
7 Voluntary Disposal Fee
a) Dogs and Other Animals Commonly Considered Pets $42 per animal/litter Y b) Wild Animals $42 per animal Y
8 Appeal of Decision to Destroy Vicious Animal $100 flat fee N * Per RMC 7.16.070, license fees are waived for: service dog owned by a person with a need for assistance; dog used by any law enforcement personnel; dog owned by any government entity or political subdivision 39 City of Roseville
Schedule of User and Regulatory Fees
Oversize Vehicle Permit Fees and Building Moving Permit Fees Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Oversize Vehicle Permit
a) Single trip permit $16 per vehicle [a] N
b) Annual permit $90 per vehicle [a] N
2 Building Moving Permit
a) Base Fee $30 per request Y
b) Costs of plan review, utility and street light moving, tree trimming, traffic directing, etc.
actual costs per request Y
[a] Oversize vehicle permit fees set to match fees adopted by California Department of Transportation (CalTrans). * Note regarding annual inflationary adjustment: For items billed at actual cost, the underlying hourly billing rates should inflate annually by the change in hourly labor rates and/or indirect cost rate multipliers. 40 City of Roseville
Schedule of User and Regulatory Fees
Parking Permit Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Residential Parking Permit $0 per vehicle N
2 Merchant Parking Permit
a) January 1st through December 31st $20 per vehicle N
b) July 1st through December 31st $10 per vehicle N
* Permit is valid only for the calendar year issued. A merchant parking permit is issued to a specific vehicle and is not transferable. A valid merchant parking permit decal must be appropriately displayed on the left rear bumper or left rear window of the permittee's vehicle.
41 City of Roseville
Schedule of User and Regulatory Fees
Special Event, Film, and Banner Permit Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Special Event Permit
a) Application Fee
i) Event that requires limited site/plan review, no closures, etc. (i.e. park rentals/activities, misc. events, etc.)
$160 per event [a] Y
ii) Event that requires, but not limited to, street/parking lot closures, site/plan review, trail use, etc. (i.e. fun runs, festivals, parking garage, etc.)
$300 per event [a] Y
b) Service Charges actual costs Y
c) Park/facility rental fee varies by location per event N 2 Photography and Filming Permit
a) Application Fee
i) Cast and Crew Totaling One to Three Persons $160 per permit [a],[b] Y ii) Cast and Crew Totaling Four or More Persons; or with Street Closure
$300 per permit [a],[b] Y
b) Service Charges actual costs
Y
3 Banner Permit $70 Y
[a] Application fees are non-refundable.
* Note regarding annual inflationary adjustment: For items billed at actual cost, the underlying hourly billing rates should inflate annually by the change in hourly labor rates and/or indirect cost rate multipliers. [b] Non-commercial photography and photography/film not requiring exclusivity does not need a permit. The Department Director may waive fees for bona fide student film/photography projects and non-profit projects. The permitting process for filming/photography is still applicable for these projects (i.e. permit is required). Service charges are still applicable. 42 City of Roseville
Schedule of User and Regulatory Fees
Parks, Recreation, & Libraries Department Fees
Fee Description FY 22-23 Fee Unit Note
Y'rly
In'fltr
1 Parks, Recreation, & Libraries Department Program, Class, Facility Use, and Service Fees
See Note [a] N
2 Capital Replacement Fee Not to exceed 10% of
program fee
per registration N
[a] See Department for Recreation Guide and Programs, Events, and Classes information, Facility Use, and Service Fees.
Information is updated seasonally. Fees are approved by the Department Director. Fees are established and updated using the Departmental Pricing Policy.
COUNCIL COMMUNICATION
CC #: 2193
File #: 0600
Title: Workers’ Compensation Claims Administration Services - Agreement Contact: Stacey Peterson 916-774-5374 [email protected] Meeting Date: 7/6/2022
Item #: 7.19.
RECOMMENDATION TO COUNCIL
Staff recommends the City Council adopt the attached resolution authorizing the City Manager to execute an agreement with LWP Claims' Solutions, Inc. (LWP), for Workers’ Compensation Third Party Administration (TPA) effective September 1, 2022, through August 31, 2025.
BACKGROUND
The City has been under contract with Tristar Risk Management to provide workers’ compensation administrative services since 2015. The current contract expires August 31, 2022. With the upcoming expiration of the existing contract, staff initiated a request for proposals (RFP) for third party administrators on April 5, 2022.
Based on the proposals received and the City's RFP process, LWP was selected to provide the TPA services for the City. LWP offers a dedicated adjustor to handle the City’s Workers’ Compensation Claims which will provide an increased level of customer service to our employees.
FISCAL IMPACT
Staff negotiated a fee of $265,000 for the first year with a 3% increase for year two and year three, and optional extensions for year four and five with a 2.5% increase each year, for comprehensive workers’ compensation claim handling. Additional costs include bill review fees of $8.50 per bill and $300 per specialty bill (such as hospital bills). Based on the previous three-year average, staff anticipates the approximate costs of bill review fees to be $55,000 annually. The purpose of bill review services is to review medical bills to confirm that doctors are charging only for authorized services and to verify the amount charged is correct. Where necessary, cost of services are reduced to comply with the State mandated fee schedule.
The costs of Workers’ Compensation Claims Administration Services have been budgeted in the FY2022-023 Workers’ Compensation Fund budget.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The Agreement for Workers' Compensation Claims Administration Services services meet the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Respectfully Submitted,
Stacey Peterson, Human Resources Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 22-262
Agreement with LWP for Workers Compensation TPA Services RESOLUTION NO. 22-262
APPROVING AN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND LWP CLAIMS SOLUTIONS, INC., AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an Agreement for workers’ compensation claims administration services, by and between the City of Roseville and LWP Claims Solutions, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved 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 , 2022, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX: 6/20/22] AGREEMENT FOR WORKERS’ COMPENSATION
CLAIMS ADMINSTRATION SERVICES
THIS AGREEMENT is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation ("CITY"), and LWP Claims Solutions, Inc., a California corporation ("ADMINISTRATOR"); and W I T N E S S E T H:
WHEREAS, CITY has undertaken to self-insure its liability to its employees pursuant to the workers’ compensation laws of the State of California and desires the services of an administrator to administer the workers’ compensation self-insurance program; and WHEREAS, ADMNISTRATOR has prepared a proposal dated May 6, 2022, which describes the scope of work to be performed by ADMINISTRATOR, the compensation for the work, and the schedule for performance of the work; and WHEREAS, ADMINISTRATOR is qualified and experienced to provide workers’ compensation claims administration services;
NOW, THEREFORE, the parties agree as follows:
1. Term. The term of this Agreement shall be for three (3) years commencing September 1, 2022 and expiring August 31, 2025 (notwithstanding, ADMINISTRATOR agrees to begin accepting new claims from CITY two (2) weeks prior to September 1, 2022, in an effort to effectuate the transition of services – all terms herein apply during this transition period – covered in part by the Transition Fee described herein). At the conclusion of the initial three (3) years, the CITY shall have two (2) options to renew this Agreement for additional one (1) year terms. If the terms, conditions and pricing of any renewal remain as set forth herein, the parties shall execute an amendment to this Agreement approved by the City Manager. If the parties [\\Rosenet\rosenetdfs\CITY
ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX;06/20/2022] 2 renegotiate the terms, conditions or pricing of the Agreement, the parties shall execute an amendment to this Agreement approved by the City Council. If after the conclusion of the initial or renewed term the parties decide to renew but have not completed renegotiations on a renewed agreement, the term of this Agreement or renewed agreement, as applicable, shall be on a monthto-month basis until a renewed agreement becomes effective. The month-to-month term shall be on the same terms and conditions of this Agreement or renewed agreement, as applicable.
2. Services. ADMINISTRATOR shall perform, at the direction of City, the scope of services as described in EXHIBIT “A” in accordance with the LAWCX Performance Standards described in EXHIBIT “B,” both of which are attached hereto and incorporated herein by this reference.
3. Compensation. CITY shall pay to ADMINISTRATOR an annual fee of two hundred sixty-five thousand dollars ($265,000) for year one (1); two hundred seventy-two thousand, nine hundred and fifty dollars ($272,950) for year two (2); two hundred eighty-one thousand, one hundred and thirty-nine dollars ($281,139) for year three (3); two hundred eightyeight thousand, one hundred sixty-eights dollars ($288,168) for optional renewal year four (4), should the City exercise that option; and two hundred ninety-five thousand, three hundred seventy-two dollars ($295,372) for optional renewal year five (5), should the City exercise that option; for a dedicated Claims Adjustor as set forth in EXHIBIT “C,” attached hereto and incorporated herein by this reference. Additionally, there will be a one-time Transition Fee of five thousand dollars ($5000) and an annual administration fee of five thousand dollars ($5000).
CITY and ADMINISTRATOR will evaluate the work load of the Claims Adjustor annually to determine if a dedicated adjustor is warranted. If not warranted, the CITY has the right to renegotiate the annual fee for the remaining years of the Agreement. If there is an increase or [\\Rosenet\rosenetdfs\CITY
ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX;06/20/2022] 3 decrease of greater than ten percent (10%) in the claim volume measured against the claim volume at the time of contract inception, the ADMINISTRATOR has the right to renegotiate the annual fee for the remaining years of the Agreement.
Additionally, CITY and ADMINISTRATOR have agreed to streamline the managed care costs associated with all workers’ compensation claims. Therefore, fees for managed care services will be charged in accordance with EXHIBIT “C” and may be in addition to the annual fee described above.
During the term of this Agreement, ADMINISTRATOR shall submit a billing for services to CITY on a monthly basis. Payment by CITY shall be made within a reasonable period of time, not to exceed thirty (30) days.
It is hereby mutually understood by CITY and ADMINISTRATOR that the fees specified in this Agreement for ADMINISTRATOR’s services are all-inclusive. Accordingly, there will be no additional payments made to ADMINISTRATOR for additional services, supplies, etc., other than as set forth in this Agreement.
4. Indemnification. To the fullest extent allowed by law, ADMINISTRATOR shall defend, indemnify, and save and hold harmless CITY, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of ADMINISTRATOR's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from CITY's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.
[\\Rosenet\rosenetdfs\CITY
ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX;06/20/2022] 4 ADMINISTRATOR agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that ADMINISTRATOR and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
ADMINISTRATOR’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
5. Insurance. ADMINISTRATOR agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.
COVERAGE LIMITS OF LIABILITY
Workers’ Compensation Statutory
Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability $1,000,000 combined single limit
Professional Liability (errors and $1,000,000 per claim omissions) $2,000,000 aggregate
a. Form. ADMINISTRATOR shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. ADMINISTRATOR shall also provide a separate [\\Rosenet\rosenetdfs\CITY
ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX;06/20/2022] 5 endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of ADMINISTRATOR. The additional insured coverage under the ADMINISTRATOR’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. c. Cancellation/Modification. ADMINISTRATOR shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. Subcontractors. ADMINISTRATOR agrees to include in its contracts with all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the [\\Rosenet\rosenetdfs\CITY
ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX;06/20/2022] 6 subcontractor’s work. Furthermore, ADMINISTRATOR shall require its subcontractors to agree to be bound to ADMINISTRATOR and CITY in the same manner and to the same extent as ADMINISTRATOR is bound to CITY under this Agreement. Additionally, ADMINISTRATOR shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
f. Self-Insured Retentions. All self-insured retentions (“SIR”) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
g. Waiver of Subrogation. ADMINISTRATOR hereby agrees to waive subrogation which any insurer of ADMINISTRATOR may acquire from ADMINISTRATOR by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by ADMINISTRATOR, its employees, agents and subcontractors.
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve ADMINISTRATOR of liability in excess of such [\\Rosenet\rosenetdfs\CITY
ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX;06/20/2022] 7 coverage, nor shall it preclude CITY from taking such other actions as are available to it under any other provisions of this Agreement or law.
6. Access to Records. Duly authorized representatives of CITY shall have right of access during normal business hours to ADMINISTRATOR’s files and records relating to the services performed hereunder, and may review the files and records at appropriate stages during performance of the services.
7. Time is of the Essence. Time is of the essence of this Agreement.
8. Compliance with Laws. ADMINISTRATOR shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.
9. Ability to Perform. ADMINISTRATOR agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement.
10. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern.
11. Assignment. ADMINISTRATOR is employed to perform unique personal services. ADMINISTRATOR shall not assign this Agreement without the prior written consent of City. ADMINISTRATOR shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY.
12. Independent Contractor. ADMINISTRATOR, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it [\\Rosenet\rosenetdfs\CITY
ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX;06/20/2022] 8 will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
ADMINISTRATOR and CITY agree that: (a) ADMINISTRATOR is free from the control and direction of CITY in connection with the performance of the work; (b) ADMINISTRATOR is providing services directly to CITY; (c) ADMINISTRATOR has and will maintain at all relevant times a business license; (d) ADMINISTRATOR maintains a business location that is separate from CITY; (e) ADMINISTRATOR is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) ADMINISTRATOR actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) ADMINISTRATOR advertises and holds itself out to the public as available to provide the same or similar services; (h) ADMINISTRATOR provides its own tools, vehicles, and equipment to perform the services; (i) ADMINISTRATOR has negotiated its own rates; (j) ADMINISTRATOR set its own hours and location of work in accomplishing CITY’s on-call needs; and (k) ADMINISTRATOR has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
13. Representations and Warranties. ADMINISTRATOR warrants that it has not employed or retained any company or person, other than a bona fide employee working for ADMINISTRATOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the [\\Rosenet\rosenetdfs\CITY
ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX;06/20/2022] 9 Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
14. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
15. Confidential Information. All data, documents, discussions, or other information developed or received by or for ADMINISTRATOR in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by CITY, or as required by law.
16. Copyright, Ownership and Use of Materials. All tangible material (“Material”) created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire, ADMINISTRATOR hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by ADMINISTRATOR in its performance under this Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by ADMINISTRATOR is, and shall remain, the property of CITY.
ADMINISTRATOR shall execute any documents necessary to effectuate such assignment. In the event that ADMINISTRATOR uses, employs, designates, or retains any person or entity who is not an employee of ADMINISTRATOR, to perform any work required [\\Rosenet\rosenetdfs\CITY
ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX;06/20/2022] 10 of it pursuant to this Agreement, ADMINISTRATOR shall require said person or entity to execute an agreement containing the preceding paragraph.
17. Termination of Agreement. The City may terminate this Agreement without cause by giving ADMINISTRATOR ten (10) days advance written notice from the City Manager. ADMINISTRATOR may terminate this Agreement without cause by giving CITY thirty (30) days advance written notice. In the event of termination through no fault of ADMINISTRATOR, CITY shall compensate ADMINISTRATOR for services performed as of the date of termination, upon the release to CITY of all Material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any MATERIAL, notwithstanding any termination or any dispute regarding the amount to be paid.
18. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
19. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
20. Severability. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
21. Notices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:
CITY OF ROSEVILLE
City of Roseville
Risk Management
311 Vernon Street
Roseville, CA 95678
ADMINISTRATOR
L WP Claims Solutions, Inc.
Judy Adlam
2710 Gateway Oaks Dr. Ste. 3 l0S
Sacramento, CA 95833
Either party may amend its address for notice by giving notice to the other party in writing.
22. .mtegrated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. ___ , adopted by the Council of the City of Roseville on the_ day of ____ ---J 20_, and ADMINISTRATOR has caused this Agreement to be executed.
CITY OF ROSEVILLE, a
municipal corporation
BY: ----------- DOMINICK CASEY
City Manager
ATTEST:
BY: -------------
CARMEN AVALOS
City Clerk
L WP CLAIMS SOLUTIONS, INC.,
a California corporation
and
BY:~~
name: ~ En'c,J,::..~v,,.,,.
title: CFO --=-'----'----------
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
[\\Rosenet\rosenetdfs\CITY 11
A TTORNEY\CYCOM\WPDOCS\D0 l 7\P004100067894.DOCX;06/20/2022] [\\Rosenet\rosenetdfs\CITY
ATTORNEY\CYCOM\WPDOCS\D017\P004\00067894.DOCX;06/20/2022] 12 APPROVED AS TO FORM:
BY: _____________________________
MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
BY: _____________________________
STACEY PETERSON
Human Resources Director
EXHIBIT "A"
Response to RFP – City of Roseville