Roseville City Council
August 17, 2022

TABLE OF CONTENTS

TABLE OF CONTENTS
SECTION 00 31 46 PERMITS
SECTION 01 10 00 SUMMARY OF WORK
SECTION 01 57 23 STORM WATER POLLUTION CONTROL
SECTION 03 30 00 SITE CONCRETE
SECTION 05 12 00 STRUCTURAL AND MISCELLANEOUS STEEL (GENERAL) SECTION 09 91 00 PAINTING AND FINISHES (GENERAL)
SECTION 12 93 00 SITE FURNISHINGS
SECTION 26 00 00 SITE ELECTRICAL
SECTION 26 56 68 SPORTS FIELD LIGHTING
SECTION 31 10 00 CLEARING AND GRUBBING
SECTION 31 20 00 EARTHWORK
SECTION 32 12 16 ASPHALT CONCRETE PAVING
SECTION 32 15 40 DECOMPOSED GRANITE PAVING
SECTION 32 18 23 PICKLE BALL COURT SURFACING
SECTION 32 31 13 CHAIN LINK FENCING
SECTION 32 84 00 IRRIGATION SYSTEM
SECTION 32 90 00 PLANTING
SECTION 33 00 00 UTILITIES

APPENDICES
A: Irrigation Schedules 1 pages
B: Soils Fertility Report # pages
D: Geotechnical Report 60 pages
Not for Construction
For Council Approval
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 00 31 46: Permits

SECTION 00 31 46

PERMITS
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.

C. The intent of this Section is to furnish bidders with the known list of required permits for the Work under the Contract Documents. Bidders should note that the list is not necessarily complete and that additional requirements may exist or arise.

1.02 Permits
A. The Contractor shall obtain copies of the following permits from the Project Manager. Copies of these shall be obtained prior to start of work and shall be kept on the jobsite.

1. State Water Resources Control Board General Permit for Discharges of Storm Water Associated with Construction Activity:

The City has prepared and submitted the SWPPP and Notice of Intent (NOI) to the State Water Resources Control Board. Prior to starting construction, Contractor shall obtain coverage under and comply with the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ). The City will prepare and submit the NOT when permanent BMP’s have been installed.

2. City of Roseville Department of Development Services, Encroachment Permit for all Work related to this project.

3. City of Roseville Department of Development Services, Grading Permit for all Work related to this project.

4. City of Roseville Department of Development Services, Building Permit for all structural items associated with this project, including, but not limited to, lighting, backstops, restrooms, shade structures, drinking fountain (plumbing code), and miscellaneous electrical.

Not for Construction
For Council Approval
Gibson Park
January 14, 2022
Section 00 31 46: Permits

B. Contractor shall comply with the conditions of these permits, and will be solely responsible for all costs associated with meeting permit conditions unless specifically specified otherwise in these Contract Documents.

C. A copy of the permit is included in the Appendix of the Project Manual. A trench/excavation permit must be on file with the City. Submit a copy of the notification letter to CAL OSHA, which outlines the project, and contracted scope of work.

PART 2 - PRODUCTS
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PART 3 - EXECUTION
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END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 01 10 00: Summary of Work

SECTION 01 10 00

SUMMARY OF WORK
PART 1 - GENERAL

1.01 General
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Special Conditions shall be in addition to the standards provided herein.

1.02 Project Description
A. Project Name and address:

Gibson Park
1099 Roseville Parkway, Roseville
B. Project description/scope of work:

The scope of this project includes but is not limited to the following: site demolition, clear and grub of undeveloped lot and saw cut and partial removal of existing parking lot. Proposed improvements include construction of three (3) pickle ball courts (courts 1, 2, & 3) with perimeter fencing, city standard comfort station #2 with stand alone drinking fountain, new hardscape, landscape, site utilities, and path of travel and accessible parking for accessibility requirements. Sports lighting for three (3) pickle ball courts, sports lighting infrastructure, underground utility and electrical infrastructure for future phases also to be installed.

Bid Alternate #1: Construction of two (2) spectator shade structures, one on the west side of court 1 and one on the east side of court 3 and related improvements including but not limited to, hardscape, utilities and electrical.

Bid Alternate #2: Construction of three (3) additional pickleball courts with perimeter fencing (courts 4, 5, & 6) located to the north of courts 1-3. Including two (2) spectator shade structures one located on the west side of court 4 and the other on the east side of court 6, sports court lighting and related improvements including, but not limited to, hardscape, furnishings, utilities and electrical.

Bid Alternate #3: Construction of three (3) additional pickleball courts with perimeter fencing (courts 7, 8, & 9) located to the north of courts 4-6. Including Not for Construction
For Council Approval
Gibson Park
January 14, 2022
Section 01 10 00: Summary of Work

two (2) spectator shade structures one located on the west side of court 7 and the other on the east side of court 9, sports court lighting and related improvements including, but not limited to, hardscape, furnishings, utilities and electrical.

C. The Contractor, prior to submission of his bid, shall visit the site and become familiar with the physical site conditions, the plans and specifications. All existing site conditions, apparent in a detailed, on-site inspection, shall be a part of the project. Submission of a bid shall represent the Contractor’s acknowledgment of the existing site conditions and its effect on the implementation of the contract documents.

1.03 Engineering
A. Field Engineering, as a part of this contract, shall include:

1. Layout of the work and establishment of lines and grades.

2. Said work to be performed by a California Registered Civil Engineer or a California licensed Land Surveyor.

3. When discrepancies between the drawings and actual site conditions are discovered, notify the Inspector for instruction on how to proceed.

4. All work shall:
a) Establish indicated layout in relation to the property survey and existing reference points.
b) Establish and preserve permanent reference points during the course of construction.
c) Set locations and elevations of all site elements as required for proper completion of the work.

1.04 Permits, Fees and Notices
A. The Contractor and/or his assigned Subcontractors shall obtain any and all required permits (beyond those provided in the Appendix) from all governing authorities, including other City Departments, prior to start of construction.

1.05 Construction Plans
A. Any discrepancies or omissions found in the Contract Documents shall be reported to the City’s project manager immediately. The City’s project manager will clarify discrepancies or omissions, in writing, within a reasonable time.

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

1. Notice to Contractors

2. Special Provisions

3. City of Roseville Parks Construction Standards
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 01 10 00: Summary of Work

4. City of Roseville Design and Construction Standards

5. Drawings
Addenda shall take precedence over all sections referenced therein. Figure dimensions on Drawings shall take precedence over scale dimensions.

Detailed Drawings shall take precedence over general Drawings.

1.06 Definitions
A. The term “accepted” where used within, shall mean accepted in writing by the City of Roseville’s Project Manager.

B. The term “Inspector”, where noted, shall mean the project representative, appointed by the City of Roseville, who will oversee the project on a day-today basis.

C. The term “Project Manager”, where noted, shall mean the project representative appointed by the Parks Department.

D. The term “Consultant”, where noted, shall mean the prime Consultant listed on the cover sheet of these Specifications.

E. The term “accepted equal”, where used herein, shall mean the equal in the opinion of the Project Manager, in consultation with the Consultant, when necessary, and as accepted in writing by the Project Manager.

F. The term “Project Owner”, where used herein, shall mean the landowner or developer.

G. The term “provide”, where used herein, shall mean furnish and install complete.

H. The term “as selected”, where used herein, shall mean as selected by the Consultant and as accepted by the Project Manager.

I. The term “substantially complete”, where used herein, shall mean the state of which the project can be used in the manner of which it is intended with the exception of minor items as determined by the Project Manager.

J. See Section 1 of the General Conditions for additional definitions and terms.

1.07 Standards
A. Numerous standards are referenced in these contract documents. The referenced standards shall be the current edition as of the date of these contract documents. Also, see Section 4 - 1.02 of the General Conditions.

B. The codes adopted by the City, County, State and federal agencies shall govern minimum requirements for this project. Where codes conflict with these Specifications, the more stringent shall apply, and such conflicts shall be brought to the attention of the Project Manager. Caltrans Standards shall be applied where specifically referenced. In the absence of specific reference requirements in the contract documents, the applicable codes shall govern.

C. In addition to the standards noted in individual sections of these Specifications, standards of the following organizations shall be noted by initials only.

Not for Construction
For Council Approval
Gibson Park
January 14, 2022
Section 01 10 00: Summary of Work

1. ANSI: American National Standards Institute.

2. ASTM: American Society for Testing and Materials.

1.08 Submittals
A. All submittals shall be submitted at one time within ten (10) working days from issuance of Notice to Proceed. The review time for submittals shall be as noted in Section 2 - 1.04 of the Special Conditions. Items returned for re- submittal shall be returned to the City within two weeks
B. The Contractor shall include a cover sheet indicating the following (A sample is provided in Section 5: Forms):

1. Drawing sheet or specification section reference (by section, paragraph and sub-paragraph numbers);

2. Item description;

3. Indication whether this item is “as specified” or “proposed substitution” and

4. A space for itemized response summary, e.g. “reviewed” or “resubmit”.

C. Contractor shall provide submittals electronically in PDF file format and physical product samples as required in specifications. It shall be the Contractor’s responsibility to ensure that the summary sheet is included in the submittal package. Incomplete submittal packages (i.e., the lack of a summary sheet or lack an appropriate product sample) will not be reviewed.

D. Proposed substitution requests must include a comparison between the originally specified item and the proposed substitute. The burden of proof of compliance for proposed substitutions with project requirements rests with the Contractor. Coordination of the installation of accepted substitutions, including incidental changes/modifications to accommodate proposed products shall be at no additional cost to the Owner.

E. Where required in specified Section of these Specifications, submittals shall include proof of order of site furnishings, play equipment or other materials within two weeks (ten working days) of receipt of the returned, approved submittal. Submittals of orders shall be made at one time. Exceptions will be considered, with justification.

1.09 Tests
A. In addition to Section 4 - 1.03 of the General Conditions, testing and inspections may be performed by a private testing laboratory. The testing laboratory, provided by the City, shall be under the direction of a California registered civil engineer. All work shall conform to requirements set forth by ASTM B329, and shall be acceptable to the City.

B. Copies of the laboratory reports/results of each test or inspection shall be provided to the Project Manager, Inspector and Contractor.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 01 10 00: Summary of Work

1.10 Temporary Facilities
A. Sanitary provisions shall be the responsibility of the Contractor. Existing restroom facilities shall be not utilized by the Contractor, his Sub-contractors, or employees thereof, unless specifically accepted by the Project Manager.

Provide chemical toilets or water closets and urinals connected to the sewer in a location accepted by the Project Manager.

B. Barricades shall be the responsibility of the Contractor and shall be erected as necessary to protect the property, the construction and the public from hazards due to construction.

C. Signs, other than those identified in these Specifications, shall be prohibited.

Notices, required by law, shall be posted and maintained.

1.11 Utilities
A. All utility fees, including, but not limited to, connection fees, installation fees, meters, monthly service fees and cost of utilities used during the course of construction and establishment are considered a direct cost and are the responsibility of the Contractor until project acceptance by City Council.

1.12 Dust/Noise Control Requirements
A. Dust and other air pollution nuisances on or adjacent to the site shall be abated, per Section 2 - 1.07 of the General Conditions. Dirt shall not be allowed to accumulate on streets or sidewalks nor be washed into sewer.

B. Noise from construction operations shall be kept to a minimum. Allowable hours of operations shall be from 7 a.m. to 7 p.m. Monday through Friday. Work on weekends and holidays must be approved by the project manager. Work on weekends and holidays shall not begin before 8 a.m. and must be completed by 8 p.m.

1.13 Tree Replacement Schedule
A. Trees damaged or removed without prior approval shall be replaced at an inch per inch basis on-site, except otherwise accepted. New stock shall follow the table provided:

Plant Size Inch Value
3 Five Gallon Stock One Inch
1 Fifteen Gallon Stock One Inch
1 24” Box Stock Two Inches
1 36” Box Stock Three Inches

1.14 Inspection of Construction
A. In addition to the routine inspections performed by the Parks Inspector, portions of work may be inspected by the other city departments. Notify the Parks Not for Construction
For Council Approval
Gibson Park
January 14, 2022
Section 01 10 00: Summary of Work

Inspector and Project Manager a minimum of 48 hours prior to date of inspection.

B. The Parks Inspector shall be the main line of communication between the site superintendent, the project manager and other City department inspectors.

Changes in scope of work or standards shall be approved by the project manager.

C. Refer to the parks inspection record. This shall be issued at the PreConstruction meeting and shall be utilized by the Contractor throughout the course of construction. A completed “hard card” shall be submitted to the Project Manager along with required turn in items (See 1.19 this Section) upon final acceptance of the project. The Notice of Completion shall not be filed until all record documents have been received and accepted.

1.15 Adverse Impacts to Site Conditions Due to Construction A. Impacts that affect the site conditions to the detriment of the park or streetscape Impacts that affect the site conditions to the detriment of the park or streetscape construction or long term viability of the site shall be mitigated by the contractor prior to acceptance of the project. Such impacts shall include, but are not limited to:

1. Soil compaction in non-structural areas;

2. Diesel or gas fuel leaks/spillage;

3. Buried concrete or other construction debris;

4. Hazardous material contamination;

5. Lime treatment in planting areas;

6. and more.

1.16 Pre-final (Punch List) Review
A. Notify, in writing, to the Parks Construction Inspector, that the work is substantially complete. Substantially complete is defined as “the state of work where it may be used in a suitable and intended manner with exception of minor corrections”. Partial acceptances will not be granted. Items to be reviewed as a part of substantial completion include:

1. All construction items

2. Installation of all site furnishings, including lights and signs

3. Seeding or sodding of all turf areas

4. All planting, including weeding of planted areas

5. The irrigation system is fully functioning as designed and as confirmed by the landscape irrigation audit.

B. Within five workings days of receipt of notification, the Parks Construction Inspector will confirm substantial completion. The Parks Construction Inspector will schedule the punch list walk (pre-final review) within five working Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 01 10 00: Summary of Work

days after the project has been determined as substantially complete. A formal punch list will be developed at the punch list walk. The Parks Construction Inspector will provide a copy of the formal punch list to the Contractor within five working days of punch list walk. Performance of the punch list walk does not automatically trigger the start of establishment.

1. If at any point during this review that it becomes apparent that the Contractor has not properly prepared for the site review, the inspection shall immediately be terminated and re-scheduled at such a time as the site has been readied for a review. Any costs for the re-scheduling of the review shall be the responsibility of the Contractor. Lack of site preparation could delay start of the establishment period.

C. Concurrent to the pre-final review, the City will make a formal request for all required turn-in items to be submitted to the City. All turn-in items shall be submitted to the City (single point of contact), at one time and only by appointment. Do not drop off the turn-in items at the front counter and without an appointment.

D. Once all turn-in items have been confirmed to be complete and accurate, the establishment period may be considered to begin. The City shall have sole discretion in determining the appropriateness of the commencement of the establishment period and shall notify the developer/contractor in writing of the start and end dates. Portions of the project will not be accepted for establishment prior to the substantial completion of the entire project.

1.17 Establishment Period
A. The duration of the establishment period shall be:

1. For seeded turf in parks: Ninety (90) calendar days, minimum, and until the Notice of Completion (NOC) for City-built parks has been approved by the City Council, or the deed transferring property ownership, has been recorded at the County for Developer-built parks.

2. For sodded turf in parks: Forty-five (45) calendar days commencing between March 1st and October 31st and sixty (60) calendar days commencing between November 1st and February 28th, and until the Notice of Completion (NOC) for City-built parks has been approved by the City Council, or the deed transferring property ownership, has been recorded at the County for Developer-built parks.

3. For streetscapes: Thirty (30) calendar days, minimum, and until final acceptance of all related street improvements subject to approval of a Notice of Completion by the City Council.

B. Active maintenance is required throughout the entire establishment period.

Active maintenance is defined as:

Not for Construction
For Council Approval
Gibson Park
January 14, 2022
Section 01 10 00: Summary of Work

1. All areas within the project site shall be protected against damage including vandalism, erosion, trespass, rodents and other acts. Immediately repair all damaged areas.

2. All walkways and paved areas shall be kept clean and all debris within planting and turf areas shall be immediately removed.

3. Automatic irrigation controller shall be fully utilized and irrigation system monitored and adjusted as described in Section 32 84 00 4.03.

4. All plant and turf maintenance as described in Section 32 90 00 3.11 C. Prior to the start of the final thirty (30) days of establishment:

1. All punch list items shall be completed.

2. All certifications and testing shall be completed.

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

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

1.18 Final Review
A. One (1) week prior to the end of the establishment period, a final on-site review shall be conducted to review project readiness for final turn-over. All punch list items must be satisfactorily addressed prior to the final review.

B. The project shall be prepared and cleaned per Section 2 - 1.12 of the General Conditions; the turf shall be mowed; and the irrigation heads shall be adjusted appropriately one day prior to the scheduled final review.

C. Acceptance of the project shall be considered “field accepted” and a recommendation will be forwarded to the City Council for “final acceptance” per Section 7 - 1.01 of the General Conditions.

D. An unaccepted project shall extend the establishment period until such time as the unaccepted portions of the project have been reviewed and field accepted by the Inspector and Project Manager.

E. Turn over for City maintenance shall occur only after:

1. The specified duration of the establishment period has been successfully completed.

2. If required, the deed transferring property ownership, has been recorded at the County.

3. A Notice of Completion (NOC) for city-built parks and for streetscapes has been approved by the City Council.

F. Contractor shall provide a written guarantee covering all improvements associated with this project. See 1.19 – Warrantees and Guarantees.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 01 10 00: Summary of Work

1.19 Record Documents
A. Record documents or as-built plans shall be maintained on-site and updated routinely as specified in Section 2 - 1.13 of the General Conditions. Record documents shall include all items under the contracted scope of work.

B. Record documents shall be submitted:

1. one full size set of final as-built drawings (verified/initialed by the Parks Inspector during the establishment period)

2. one set of 11 x 17 reductions of the complete as-built package; and

3. two sets 11 x 17 laminated reductions of the irrigation plan illustrating with colors the individual controller stations; and

4. one USB storage device containing PDF scanned images (in color) of the verified/initialed as-built drawings.

5. For City of Roseville CIP projects, SWPPP binder.

1.20 Warranties and Guarantees
A. Warranties are required under various Sections of these Specifications. Prior to final acceptance, the Contractor shall assemble all warranties into a single, bound or stapled package. All warranties shall be clearly labeled and the number of years highlighted. Also, see Sections 7 - 1.10 and 7 - 1.11 of the General Conditions.

1. Warranties for equipment shall be submitted in the manufacturer’s standard form and shall be countersigned by the subcontractor or supplier and the Contractor.

2. All other warranties shall be provided in the following format, written on subcontractor’s or supplier’s letterhead, signed by the subcontractor or supplier and countersigned by the Contractor:

WARRANTY FOR YEARS
“We hereby warrant that the product which we have installed at project name has been done in accordance with the contract documents, and that the work, as installed will fulfill the warranty requirements included in the Specifications.

We agree to repair or replace any or all of our work, together with any other adjacent work which may be displaced by so doing, that may prove to be defective in its workmanship or material within the warranty period stated above commencing from the date of final acceptance of the above named project by the City of Roseville’s City Council, without additional expense to the City, ordinary wear and tear and unusual abuse or neglect excepted.

Not for Construction
For Council Approval
Gibson Park
January 14, 2022
Section 01 10 00: Summary of Work

In the event of failure to comply with the above conditions within thirty (30) days of notification by the City, we collectively or separately do hereby authorize the City to proceed with the repairs or replacement of such defects at our expense. Payment of said costs and charges will be forwarded to the City upon demand.

Signed:

Subcontractor or Supplier Date
Countersigned:

Contractor Date
B. Guarantees shall be a minimum of one (1) year for all plant material, including trees and shrubs. The guarantee shall state that plant materials (trees & shrubs) to be free of all defects or disease and all plants are in a healthy and thriving condition at the completion of the contract. Deciduous plant material shall be warranted beyond the time of contract completion until such time as growth becomes evident.

PART 2 - PRODUCTS
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PART 3 - EXECUTION
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END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 01 57 23: Storm Water Pollution Control

SECTION 01 57 23

STORM WATER POLLUTION CONTROL
PART 1 - GENERAL

1.01 General
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Special Conditions shall be in addition to the standards provided herein.

1.02 References
A. State Water Resources Control Board Order No. 2009-0009-DWQ National Pollutant Discharge Elimination System General Permit No. CAS0000002, for Storm Water Discharges Associated with Construction and Land Disturbance Activities.

B. CASQA California Stormwater BMP Handbook – Construction, November 2009

1.03 Definitions
A. NOI: Notice of Intent
B. NOT: Notice of Termination
C. QSP: Qualified SWPPP Practitioner
D. QSD: Qualified SWPPP Developer
E. SWPPP: Storm Water Pollution Prevention Plan
F. SWRCB: State Water Resources Control Board
G. NPDES: National Pollutant Discharge Elimination System General H. WDID: Waste Discharger Identification number
I. BMP: Best Management Practices
PART 2 - PRODUCTS
Intentionally left blank.

PART 3 - EXECUTION

3.01 SWPPP
A. Comply with State Water Resources Control Board Order No. 2009-0009- DWQ National Pollutant Discharge Elimination System General Permit No.

CAS0000002, for Storm Water Discharges Associated with Construction and Land Disturbance Activities.

Not for Construction
For Council Approval
Gibson Park
January 14, 2022
Section 01 57 23: Storm Water Pollution Control

B. A SWPPP has been developed for this project. The SWPPP is a dynamic document and will change as conditions (weather or construction phases) warrant.

C. Implementation of the SWPPP is the responsibility of the Contractor and a part of this project. Costs associated with implementation and maintenance of the BMPs per the SWPPP shall be included in the lump sum base bid.

D. Major changes to the SWPPP shall be reviewed by the City’s QSD prior to implementation. Cost associated with the major changes will be paid for using the unit cost listed in the Additions or Deletions Sheet of the Proposal E. The City’s QSP will perform weekly inspections of the jobsite. Implementation of and minor changes to the SWPPP as directed by the City’s QSP shall be incidental to the Work. Contractor shall start all inspection corrective actions within 72 hours of observation, and complete as soon as possible.

F. All BMPs installed will be inspected by the City’s QSD/QSP for compliance with the SWPPP and BMP Fact Sheets. BMPs that are not in compliance shall be brought into compliance by the Contractor at no cost to the City.

G. Keep one copy of the SWPPP and amendments at the project site.

H. The SWPPP shall be readily available throughout the course of construction and until the NOT has been accepted by SWRCB. The SWPPP shall be made available upon request by a representative of the Regional Water Quality Control Board, State Water Resources Control Board, United States Environmental Protection Agency, or City’ storm water staff.

I. At the end of the establishment period, the Contractor shall submit the project site copy of the SWPPP including copies of all inspections, Rain Event Action Plans (REAPs), reports, and sampling and analysis results to the City’s Project Manager.

3.02 Schedule
A. Contractor shall develop a Water Pollution Control Schedule that describes the timing of grading or other work activities that could affect water pollution. The schedule shall be updated by the Contractor to reflect changes in the Contractor’s operations that would affect the necessary implementation of water pollution control practices. The typical sequence of work shall be adjusted by the Contractor based on weather conditions and forecasted rain events. The schedule is considered an appropriate and applicable BMP.

3.03 Penalties and fines
A. Contractor is responsible for all penalties and fines assessed to or levied on the project related to the implementation of the SWPPP.

B. In an effort to maintain compliance with the General Permit, the Contractor may be asked to make changes to the BMPs. If the Contractor is unable to perform Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 01 57 23: Storm Water Pollution Control

these services in a timely manner the City reserves the right to address any areas of concern and deduct the cost from the contract.

3.04 BMP’s
A. Construction BMP’s shall be installed per the Erosion / Sediment Control Plan and project SWPPP, and in accordance with the CASQA California Stormwater BMP Handbook. Use of alternative BMP’s will be reviewed and accepted at the discretion of the City’s QSD.

3.05 Cleaning
A. Thoroughly clean all areas where work has occurred. Remove from the site excess material, debris and rubbish.

B. Take all precautions to protect completed work. Immediately repair or replace all damaged areas due to tire ruts, erosion, compaction failure, etc. Keep all erosion control measures intact.

3.06 Winter Construction Suspension
A. Contractor shall include a winter construction suspension as part of the construction schedule. The counting of working days will be suspended during the winter suspension period. It is at the City’s sole and complete discretion to determine the start and end dates of the winter construction suspension. The City will notify the Contractor 10 working days before the start of the winter construction suspension. The City will notify the Contractor 10 working days before the end of the winter construction suspension. The Contractor shall begin work within 15 calendar days after receiving the notice of the end of the winter construction suspension.

B. Contractor shall include an allowance of ($15,000) for the winter construction suspension. Costs associated with preparing the site for the winter construction suspension and costs associated with corrective actions required during the winter construction suspension will be paid for using the allowance on a Time & Materials Basis according to the allowable mark-ups in the project’s General Conditions, or per an approved lump sum or unit price quote. Costs to implement and maintain the BMPs per the Erosion and Sediment Control Plan are excluded from the winter suspension allowance and shall be included in the lump sum base bid.

C. Prior to the winter construction suspension, stabilize all exposed soils at the direction of the City’s QSD/QSP. In addition, all adjacent drainage inlets shall be protected and perimeter control shall be installed and in good repair.

D. Traffic on the construction site shall be kept to minimum. All traffic entering or exiting the site must use the stabilized construction entrance.

Not for Construction
For Council Approval
Gibson Park
January 14, 2022
Section 01 57 23: Storm Water Pollution Control

E. Where there are areas of concentrated runoff flows, Contractor shall protect the soil from erosion.

F. Per the Construction General Permit Requirements, inspections by the City’s QSD/QSP will continue into and through the winter suspension period.

Inspections will occur before, during, and after each qualifying storm event (0.5” or more precipitation) and at least once per week. Contractor shall start all inspection corrective actions within 72 hours of observation, and complete as soon as possible.

G. Should rain be forecast at 50% or better by NOAA, the City’s QSD/QSP will prepare a Rain Event Action Plan (REAP) and email such document to the Contractor. Contractor shall complete all corrective actions within the REAP prior to the start of precipitation.

H. The City’s QSD/QSP will be sampling all discharge to ensure compliance with runoff standards for pH and turbidity. If the water sampling indicates compliance issues, Contractor shall make repairs or adjustments to BMPs immediately, and respond to any such requests within 24 hours.

END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 04 20 00: Unit Masonry (General)

SECTION 03 30 00

SITE CONCRETE
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.

C. The standards set forth in the City of Roseville Design and Construction Standards and the City of Roseville Parks Construction Standards, latest editions, shall be in addition to the standards provided herein.

1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of all concrete work, flatwork and poured-in-place as shown in the Plans and as specified herein.

1.03 References
A. Caltrans Standard Specifications, latest edition.

B. California Building Code (CBC) and California Administrative Code (Title 24), latest editions.

1.04 Quality Assurance
A. For all flatwork, the Contractor shall pour a six-foot by six-foot (6‟ x 6‟) sample of each type of finish specified for review and acceptance by the Project Manager prior to pouring any concrete. The accepted samples shall remain onsite and intact until all concrete work has been completed. The quality of the concrete work shall be measured by the accepted samples.

B. During the course of construction, a qualified testing laboratory shall obtain samples as determined by the Inspector and conforming to federal and state codes and standards. Such costs shall be paid for by the City. Re-tests and removal of below acceptable strength concrete shall be borne by the Contractor.

The Contractor shall cooperate with the testing during the course of obtaining such samples.

C. Variances in surface grades of more than 1/8”, as measured by a straight edge ten feet (10‟) long, shall be corrected to the satisfaction of the Inspector.

Remove all areas where standing water occurs, including any surface irregularities.

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For Council Approval
Gibson Park
January 14, 2022
Section 04 20 00: Unit Masonry (General)

1.05 Handling and Storage
A. Comply with ATSM C-94, “Specifications for Ready Mix Concrete” for the batch, mix and transport of concrete.

B. Mix and deliver only the amount that will be poured immediately.

1.06 Record Drawings
A. The Contractor shall keep an accurate record of the as-built conditions of the site concrete. These records shall be updated daily and kept at the construction site. At any time, the Inspector may examine the conditions of the “as-builts” to ensure compliance of the above.

PART 2 - PRODUCTS

2.01 Concrete
A. Concrete for play area curbs, sidewalks, and accessible ramps shall conform to the provisions of Section 90-2 “Minor Concrete” of the Caltrans Standard Specifications. Cementitious material shall be „Type II Modified” and shall contain no less than 505 pounds of cementitious material per cubic yard.

Aggregate shall be not greater than one-inch or smaller than 3/8-inch. Submit concrete analysis for review and acceptance prior to placement of concrete.

2.02 Fiberglass Reinforcement
A. Fibers for concrete shall be Fibermesh 150, as manufactured by Propex Operating Company; or accepted equal. Fibers shall contain 100 percent virgin polypropylene multifilament fibers, e3 patented technology, containing no reprocessed olefin materials. The fibers shall conform to ASTM C1116 Type III and manufactured specifically for the secondary reinforcement of concrete.

2.03 Expansion Joint Material
A. Fiber expansion joint shall conform to ASTM-1751 and shall be a nonextruding resilient filler. Filler shall have preserve attributes and high quality bituminous materials.

B. Apply Sikaflex elastomeric sealant, or accepted equal, over all expansion joints.

2.04 Concrete Forms
A. All forms shall be new at the start of the project and shall be construction grade Douglas Fir. Minimum size lumber shall be 2 x 6.

B. Radius bends shall be formed by spring steel forms or laminated boards, as required.

C. Plywood shall be 5/8”, Class I, exterior grade as outlined in APA “Guide to Plywood Grades”. Omit mill oiling treatment.

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For Council Approval
Gibson Park
May 20, 2022
Section 04 20 00: Unit Masonry (General)

PART 3 - EXECUTION

3.01 Poured-In-Place Concrete Forms
A. Concrete for hardscape or flatwork shall be placed on subgrade compacted to 95% relative compaction. Prior to placement of concrete, a soils compaction test must be performed by an accepted soils testing professional on a representative number of locations along the flatwork area. The City or project owner shall provide the initial test. The results of these tests must be available and meet acceptable levels prior to pouring. Re-tests and re-work of any area, as directed by the soils professional, shall be the responsibility of the Contractor.

B. Construct forms to conform to the shapes, dimensions and details shown on the Plans. All forms shall be true to lines, plumb, level and square.

C. Forms shall not leak, spread, shift or settle when concrete is placed.

D. All forms shall carry dead and live loads and shall not deflect more than 1/8” between supports after placement of concrete.

E. All forms shall be thoroughly soaked a minimum of twelve (12) hours prior to pouring of concrete. Forms shall be treated per manufacturer’s recommendations.

F. Reuse of forms may be allowed at the discretion of the Inspector. Reused forms shall be cleaned and free of defects that would affect the final concrete finish.

G. Concrete footings shall be formed only when excavations slump or cave in.

Over-excavate the trench or footing diameter to accommodate the forms’ installation and removal. Apply water to moisten soil. Do not allow water to create mud or ponding.

3.02 Fiberglass Reinforcement
A. Install per manufacturer’s instructions. Apply at the batch plant prior to delivery.

Thoroughly mix fiber material to avoid “clumping”.

3.03 Expansion Joints
A. Expansion joints shall be placed where vertical elements meet horizontal paving unless otherwise noted on the Plans. This shall include vertical expansion joints on play area curb walls, buildings, shade structures, walls and/or planters. The corners of the paving shall be tooled at the expansion joints. Trim exposed fibers which protrude above or beyond the finish surface of paving or the finish surface of the wall.

3.04 Control Joints for Concrete Sidewalks
A. Control joints shall be per detail PK-32 with deep, straight and finished with rounded edges. Control joints shall be placed (on-center) a distance equal to the width of the concrete walkway, unless otherwise shown on the Plans. For Not for Construction
For Council Approval
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January 14, 2022
Section 04 20 00: Unit Masonry (General)

example a ten-foot wide walkway shall have control joint placed ten feet on center.

3.05 Placement of Concrete
A. Do not pour concrete in weather below 40 degrees F. or when temperatures are predicted to fall below freezing within 24 hours, except with prior authorization.

B. Concrete shall be transit mixed according to ASTM C-94. Limit the quantity of water to the required strength. Concrete shall be of a consistency that it flows slowly into the forms.

C. Mixing of concrete shall be continuous commencing from the time water is added to the mix until such time that the concrete is poured. All concrete shall be placed within an hour of the time when water is first added.

D. Concrete shall be deposited up to the finished height of the forms and up to the adjacent joint. No partial pours will be allowed. Excess material shall be dumped on-site and later removed by the Contractor.

E. Thoroughly compact the concrete manually spading and tamping concrete into all corners of the forms and by utilizing a high-speed mechanical vibrator.

Retain a standby vibrator on-site during the course of concrete work. When utilizing the vibrator, take precautions to avoid impact on the forms.

F. After obtaining uniform compaction, screen tamper all flatwork surfaces, screed and bull float to ensure that large aggregates are pushed below the surface.

When it is practical to work on the surface, wood float, steel trowel paving to a uniform surface.

G. Concrete elements shall not exceed the following tolerances:

1. Linear: 1/8”

2. Slab deviation: 1/8” in 10‟

3.06 Finishes
A. Finishes shall be as shown on the Plans and shall be consistent in quality throughout the project. Medium broom finished concrete shall have clean, deep control joints spaced appropriately. No visible cracks or discoloration will be accepted. Finishes on vertical surfaces shall be consistent throughout. Vertical expansion joints are spaced as identified on the plans and are smooth with the finish surfaces. All edges for flatwork and vertical surfaces shall be eased at a consistent radius.

B. Upon completion of float finishing, provide the final finish as follows:

1. Medium Broom Finish: shall be accomplished by pulling a stiff bristle broom across a floated surface. The direction of the broom shall be perpendicular to the path of travel, unless otherwise shown on the Plans.

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Section 04 20 00: Unit Masonry (General)

3.07 Removal of Forms
A. Forms shall remain in place as follows:

1. For mass concrete work: 5 days.

2. For other flatwork and other concrete work: 3 days.

B. Remove all bolts, nails, ties, wires, etc. a minimum of one inch (1”) below the surface of the concrete. Remove imprints, irregularities or other such defects and patch as directed by the Inspector.

3.08 Curing and Protection
A. Allow adequate time for the concrete to cure. In temperatures above 75 degrees F., ensure that the concrete surface remains wet for a period of seven (7) days minimum.

B. Protect all concrete from damage during the curing period. This shall include damage from sun, rain, flowing water, frost, mechanical injury, tire tracks, footprints, oil stains, etc. Should such damage occur, Contractor shall take immediate action to repair damage to the satisfaction of the City.

3.09 Clean-Up
A. During the course of this work, the area shall be kept clear and free of debris as realistically possible. Upon completion of concrete work, completely remove from the site all used forms, hardware, spillage, rejected work and other materials.

B. Remove from site furnishing posts all concrete “slobber”. Re-touch posts as necessary for a clean finish.

END OF SECTION
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Not for Construction
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Gibson Park
May 20, 2022
Section 05 12 00: Structural and Miscellaneous Steel (General)

SECTION 05 12 00

STRUCTURAL AND MISCELLANEOUS STEEL (GENERAL)
PART 1 - GENERAL

1.01 Conditions
A. The general provisions of the Contract, including General and Special Provisions apply to the work specified in this Section.

1.02 Scope of Work
A. Furnish all labor, materials, and equipment as required to fabricate and install all structural and miscellaneous steel work as indicated on Drawings and specified herein.

B. Although such work or materials are not specifically indicated, furnish and install all supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a secure and complete installation.

C. Provide shop drawings for all work.

D. Completely coordinate with work of all other trades.

1.03 References (Latest Edition)
A. AISC: Standard Specifications for the Design, Fabrication and Erection of Structural Steel for Buildings by the American Institute of Steel Construction (AISC).

B. AISC – Code of Standard Practice – Manual of Steel Construction – Allowable Stress Design (ASD).

C. AISC – Code of Standard Practice of Steel Buildings and Bridges.

D. ASTM A36 – Structural Steel.

E. ASTM A-53: Black and Hot Dipped Zinc – Coated Welded and Seamless Steel Pipe.

F. ASTM A-120: Black and Hot Dipped Zinc – Coated Welded and Seamless Steel Pipe.

G. ASTM A307 – Carbon Steel Externally Threaded Standard Fasteners.

H. ASTM A500 – Cold Formed Welded and Seamless Carbon Steel Structural Tubing in Round and Shapes.

I. ASTM A501 – Hot Formed Welded and Seamless Carbon Steel Structural Tubing.

J. AWS A2.4 – Symbols of Welding, Brazing, and Nondestructive Examination.

K. AWS D1.1 – Structural Welding Code.

L. SSPC (Steel Structures Painting Council) – Painting Manual.

M. California Building Code (CBC), latest edition.

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May 20, 2022
Section 05 12 00: Structural and Miscellaneous Steel (General)

1.04 Regulatory Requirements
A. Safety Requirements: Work shall comply with all Federal, State and municipal regulations regarding safety, including the requirements of the following:

1. William-Steiger Occupational Safety & Health Act of 1970

2. State of California, California Administrative Code, Title 8 Industrial Relations, Chapter 4, Subchapter 4, “Construction Safety Orders” and other State and local agencies having jurisdiction.

B. California Building Code (CBC), latest edition.

1.05 Submittals
A. Shop Drawings: General

1. Before any structural steel is fabricated or delivered to jobsite, submit Shop Drawings in accordance with the General Conditions of these specifications.

2. Shop Drawings shall clearly show all pieces with all pertinent dimensions, data, layout, sizes and weights, connections, and all controlled dimensions and elevations. Drawings shall clearly distinguish between shop and field bolts and welds. Errors in dimensions shown on shop drawings shall be responsibility of Contractor.

3. Show details, including cuts, copes, connections, holes, threaded fasteners, and welds in accordance with AWS.

4. Indicate which structural units, members or brackets require field cuts or welds due to construction techniques.

5. Indicated metal fabricator’s method for radius form bents of pipe or tubing.

6. All shop and field welds shall be indicated by AWS Welding Symbols. a) Indicate size, length and type of each weld.
b) Special Inspection required by CBC and Building Department.

B. Welding:

1. Certification of Welder’s Qualifications.

2. Welding Procedure: Submit descriptive data to illustrate welding procedures to be performed.

1.06 Quality Assurance
A. Fabricated structural steel members in accordance with AISC Code of Standard Practice.

B. Perform Work in accordance with AISC Section 10.

C. Perform Work in accordance California Building Code (CBC), latest edition.

D. All welding procedures, welders, welding operation, and tackers shall be qualified in accordance with AWS Standard Code D1.1.

E. Maintain one copy of each document on site.

F. Fabricator: Company specializing in performing the work of this section.

G. Erector: Company specializing in performing the work of this section.

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Section 05 12 00: Structural and Miscellaneous Steel (General)

H. All construction shall conform to applicable building codes, project specifications and applicable regulations. Where the provisions of applicable codes, material manufacturer’s requirements, and project specifications conflict, the more stringent provision shall govern.

I. Certification: Furnish, before fabrication, a mill certified report (in duplicate) of the tests for ach heat of steel or iron from which the material is to be fabricated, containing the results of chemical and physical tests required by the ASTM specifications for the materials.

J. Qualify welding processes and welding operators in accordance with AWS “Standard Qualifications Procedure”. Provide certification that welders to be employed in work have satisfactorily passed AWS qualification test within the previous twelve (12) months. If recertification of welders is required, retesting will be Contractor’s responsibility.

K. Work shall comply with the Drawings, Specifications and accepted Shop Drawings in every aspect. All errors of fabrication and connections, defective materials, fasteners, and workmanship shall be replaced at the expense of the Contractor.

1.07 Delivery, Storage and Handling
A. Deliver anchor bolts and anchorage devices which are to be embedded in castin-place concrete or masonry in ample time so as not to delay that Work.

B. Store materials to permit easy access for inspection and identifications. Keep steel members off the ground using pallets, platforms, or other supports.

Protect steel members and packaged materials from corrosion and deterioration. Remove any damaged items from the site and replace at no cost to the Owner.

C. Use all means necessary to protect structural steel before, during and after installation.

1.08 Coordination
A. Coordinate and furnish all required anchorages, templates, and patterns, setting drawings, and installation directions for all built-in items. Supervise the proper location and the installation of all built-in items. Deliver all items required to be embedded in concrete, masonry or built into other material to their respective Contractor. Provide holes and connections for Work of others Contractors.

1.09 Field Measurements
A. Take field measurements prior to preparation of Shop Drawings and metal fabrication. Proper fit and attachments of all items is required; allow for trimming and fitting when taking field measurements before metal fabrication.

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Section 05 12 00: Structural and Miscellaneous Steel (General)

1.10 Shop Assembly
A. Preassemble items in shop to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Clearly mark units for reassembly and coordinated installation.

PART 2 - PRODUCTS

2.01 General
A. Use materials of size and thickness indicated or, if not indicated, as required to produce strength and durability in finished product for use intended.

B. Metal surfaces used for fabrications of miscellaneous metal items which will be exposed to view shall be smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness.

C. All other materials not specifically described, but required for a complete and proper installation, shall be new, free from rust, best quality of their respective kind, and subject to the approval of the Project Inspector.

2.02 Steel Plates, Shapes and Bars
A. All miscellaneous steel shall be standard cold-rolled sections, new, free from rust, and conforming to ASTM A-36.

2.03 Steel Pipe
A. All steel pipe shall be black steel pipe, except where indicated to be galvanized, complying with provisions of:

1. ASTM A-120, Schedule 40 for pipe less than four (4) inch diameter.

2. ASTM A-53 ERW for pipe greater than four (4) inch diameter.

2.04 Steel Tubing
A. All steel tubing shall be cold-formed steel tubing conforming to ASTM A-500, Grade B.

2.05 Fasteners
A. General: Provide electro-zinc plated fasteners for exterior use or where built into exterior walls or slabs. Select fasteners for the type, grade and class specified.

B. Bolts and Nuts: Regular hexagon-head carbon steel type conforming to ASTM A-307, Grade A with electro-zinc plating.

C. Flat Washers: U.S.S. standard round carbon steel type conforming to FS FFW-92 with electro-zinc plating.

D. Lock Washers: Helical spring carbon steel type conforming to FS FF-W-84 with electro-zinc plating.

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Section 05 12 00: Structural and Miscellaneous Steel (General)

E. Anchor Bolts: Nonheaded “J” bolt type, unless otherwise indicated on Drawings, conforming to ASTM A-307, Grade A with electro-zinc plating.

2.06 Shop Paint
A. Primer shall be Red Oxide Primer, conforming to Federal Specification TT-P31 for steel surfaces and Federal Specifications TT-P-64b for galvanized surfaces.

2.07 Grout
A. Pre-mixed, factory packaged, non-shrinking, non-metallic, non-staining, noncorrosive and non-gaseous group complying with CE CRD-C588. Provide grout specifically manufactured for exterior applications.

PART 3 - EXECUTION

3.01 General
A. Comply with AISC Code and Specifications and maintain Work in safe and stable conditions during erection. Provide temporary bracing and shoring as required; remove when final connections are in-place.

B. Execute all Work using skilled metal workers only. Do all welding as per AWS Specifications with certified welders.

C. When possible, fit and shop assemble all metal Work, ready for installation, with shop and field connections welded or attached with fasteners as indicated on Drawings.

D. Prior to all work of this Section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where fabrication and installation of the work of this section may properly commence.

E. Make all required measurements in the field to ensure proper and adequate fit of miscellaneous metal items.

F. It is the intent of the Drawings to indicate detail connections. Where connection detail is not shown, detail shall be patterned after a connection similar condition, or an AISC standard type.

3.02 Fabrication
A. General

1. Use materials of size and thickness indicated on Drawings or on accepted Shop Drawings to produce strength and durability in finished product for use intended. Work to dimensions are indicated on drawings or on accepted Shop Drawings, using proven details of fabrication and support.

2. All fabrication shall be in accordance with AISC Specifications for fabrication of structural steel, California Building Codes, and requirements of regulatory agencies.

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May 20, 2022
Section 05 12 00: Structural and Miscellaneous Steel (General)

3. Do not field cut or alter structural metal units, members or brackets without accepted Shop Drawings.

4. Fabricate and pre-assemble work in shop to greatest extent possible.

5. Fabricate exposed work true to line, shape and level with accurate angles and radiuses. Ease exposed metal edges to a radius of approximately 1/32 inch.

6. Make cuts, bends, punching and drilling accurate, neat and properly located.

Grind and file smooth all parts exposed to view; leave exposed surfaces free of fabrication marks. Mark and match-mark units requiring field assembly.

7. All welds shall be continuous, unless otherwise indicated, complying with AWS Specifications. Form exposed connections with tight, flush and smooth hairline joints. Grind exposed welds smooth and flush to match and blend with adjoining surfaces.

8. Cut, reinforce, drill and tap fabricated metal work as indicated on Drawings to receive finish hardware, fasteners and similar items.

B. Bolted Connections:

1. Punch or drill holes 1/16 inch larger than bolt size and spear-ream before inserting bolts.

2. Ream unfair holes, but only up to next larger bolt size. Where unfairness exceeds maximum, weld hole in base material solid and drill hole of proper size.

3. As erection progresses, bolt up work to take care of dead load, lateral forces, and erection stresses. Provide any additional bracing necessary to resist all possible forces during erection. Contractor is entirely responsible for the stability of the structural steel work until the job is complete.

C. Assembly with Standard Threaded Fasteners:

1. Beveled Washers: Provide under bolt heads or nuts resting on surfaces exceeding 5 percent slope with respect to head or nut.

2. Draw up tight, check threads with chisel, or provide approved lock washers or self-tightening nuts.

D. Welded Connections:

1. Perform welding using shielded metal arc, submerged arc, gas metal arc, or flux cored arc methods in accordance with appropriate sections of AWS D1.1 and CBC Chapter 27.

2. In addition to specific requirements of Drawings, details of welded joints shall comply with all requirements for joints which are accepted without qualification tests under the AWS Code. If sizes of fillet welds are not shown on Drawings, use AWS minimum weld size, but not less than thinnest part thickness minus 1/16 inch.

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Section 05 12 00: Structural and Miscellaneous Steel (General)

3. Plan welding operations to eliminate stress build-up.

4. Field Welding:
a) Perform field welding in accordance AWS D1.1.
b) Where field welding is applied to existing flexural members involving application of significant amounts of heat to member, provide temporary shoring to prevent deflections.
c) Provide Special Inspection per the CBC, latest edition.

E. Column Bases:

1. Finish in accordance with AISC. Lack of contact bearing with column shall not exceed 1/16 inch.

F. Bearing Plates:

1. Finish in accordance with AISC. Provide for attachment as shown on Drawings.

2. Cut, drill (tap where indicated or required), or punch holes perpendicular to metal surfaces. Do not flame cut holes or enlarge holes by burning. Drill holes in bearing plates.

3.03 Shop Painting
A. Shop paint all metal Work, except members or portions of members to be embedded in concrete or masonry, surfaces and edges to be field welded, stainless steel, and galvanized surfaces, unless otherwise indicated.

B. Clean all metal work to be primed and painted in accordance with Section 09 91 00 – Painting and Finishes.

C. Immediately after surface preparation brush or spray on primer in accordance with manufacturer’s instruction at a rate to provide uniform dry film thickness of 20 mils for each coat. Use painting methods which will result in full coverage of joints, corners, edges and exposed surfaces.

D. Apply one (1) shop coat to fabricated metal items, except apply two () coats of primer to surfaces inaccessible after assembly or installation.

E. Give any painted built-in portions one (1) field coat of primer on all abraded areas after installation.

3.04 Galvanizing
A. All metal fabrications intended for exteriors use or for use in high moisture areas are to be hot-dip galvanized, unless otherwise noted.

B. Hot dip galvanizing or zinc coatings, applied on products fabricated from rolled, pressed and forged steel shapes, plates, bars and strips shall comply with ASTM Specification A123-73.

C. Hot dip galvanizing or zinc coatings on assembled steel products shall comply with ASTM Specifications A386.

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Section 05 12 00: Structural and Miscellaneous Steel (General)

D. The weight of coatings shall be as designated in Table 1 for the class and thickness of material to be coated. Galvanized surfaces for which a shop coat of paint is specified shall be chemically treated to provide a bond for the paint.

E. Except for bolts and nuts, all galvanizing shall be done after fabrication.

3.05 Installation
A. General:

1. Compliance: Erect and install all miscellaneous metal in strict accordance with the Drawings, the reviewed shop drawings, and the referenced standards, aligning straight, plumb, and level within a tolerance of one in 200. Accurately assemble structural steel to lines and elevations indicated, within specified AISC tolerances.

2. Splice metal work only where indicated and approved on shop Drawings.

3. Install anchorage devices and fasteners where required for securing miscellaneous metal fabrications to in-place construction; including anchorage devices and fasteners that require to be cast into concrete or masonry. Provide temporary bracing or anchors in formwork for items cast into concrete or similar construction.

4. Perform cutting, drilling, and fitting required for installation of miscellaneous metal fabrications. Set Work accurately in location, alignment and elevation.

Install items plumb, level, true and free of rack; measured from established lines and levels.

5. Fit exposed connections accurately together to form tight hairline joints.

Weld connections which are not to be left as exposed joints, but cannot be shop welded due to shipping size limitations. Grind exposed joints smooth and touch-up shop paint coat.

6. Do not weld, cut or abrade the surfaces of exterior units which have been hot-dip galvanized after fabrication, and are intended for bolted or screwed field connections.

7. All field welds shall conform to AWS Specifications. Grind all exposed welds smooth and flush to match and blend with adjoining surfaces.

8. Clean and touch-up all field welds and scratches with shop paint as specified.

3.06 Finishes
A. Finish all fabricated metal Work as per Section 09 91 00: Painting and Finishes

END OF SECTION
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Gibson Park
May 20, 2022
Section 09 91 00: Painting and Finishes (General)

SECTION 09 91 00

PAINTING AND FINISHES (GENERAL)
PART 1 - GENERAL

1.01 Conditions
A. The general provisions of the Contract, including General Conditions and Special Provisions apply to the work specified in this Section.

1.02 Description
A. Work includes, but is not limited to the following:

1. Provide all materials, tools, equipment, appliances, labor and supervision required to paint and finish all surfaces and/or components as specified herein and as indicated on the Drawings, including all miscellaneous items and labor required to complete the Work of this Section.

2. Surface preparation, priming and painting of all metal surfaces as indicated on Drawings or as follows:
a) Miscellaneous surfaces.

3. All surfaces that are left unfinished by the requirements of other sections shall be painted or finished as part of this contract.

B. Related Work described elsewhere.

1. Section 05 12 00: Structural and Miscellaneous Steel C. Definition: The term “paint”, as used herein, shall mean all coating systems materials, including primers, emulsions, enamels, stains, sealers and fillers, and other applied materials whether used as prime intermediate or finish coats.

1.03 Work Not Included
A. Pre-Finished Items: Unless otherwise specified or indicated on the Drawings, do not include the painting of items that are specified to receive manufacturer’s factory finish, i.e. such items as site furnishings, irrigation equipment, electrical equipment, etc. See applicable Sections.

B. Finished Metal Surfaces: Unless otherwise specified, all metal surfaces or anodized aluminum, stainless steel, chromium plate, copper, bronze or similar finished materials do not require painting.

1.04 Submittals
A. Provide in accordance with the General Conditions prior to ordering material, a complete, detailed list of materials proposed for use on work. Include affidavit from manufacturer stating that proposed materials are the best of their Not for Construction
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May 20, 2022
Section 09 91 00: Painting and Finishes (General)

respective kinds and suitable for intended purpose. Submit in ample time to avoid delays in work if the list, or portions thereof, are rejected.

B. Painter shall prepare and submit color samples to match color chips in 12- inch square size and must receive approval from Project Inspector before applying final paint coats to finish surfaces. Approved samples shall be retained at the Project Inspector’s office for record.

1.05 Paint Coordination
A. Provide prime coats which are compatible with finish paints used. Review other Sections of these specifications in which prime paints are to be provided to ensure compatibility of total painting system for various surfaces. Upon request from other trades, furnish information and specifications for finish materials proposed for use, to ensure compatible prime coats are used. Provide barrier coats over incompatible primers or remove and reprime as required. Notify Project Inspector in writing of any anticipated problems using specified painting systems with surfaces primed by others.

1.06 Job Conditions
A. Applicator shall examine areas, surfaces and conditions under which painting Work is to be applied and notify the Project Inspector in writing of conditions detrimental to proper and timely completion of Work. Do not proceed with Work until unsatisfactory conditions have been corrected in a manner acceptable to Project Inspector and Applicator, or Applicator shall assume responsibility for and rectify any unsatisfactory finish resulting.

B. Starting of painting Work shall be construed as Applicator’s acceptance of surfaces and conditions.

1.07 Weather Conditions
A. Apply water base paints only when temperature of surfaces to be painted and surrounding air temperature are between fifty (50) degrees F (10 degrees C) and ninety (90) degrees F (32 degrees C), unless otherwise permitted by paint manufacturer’s printed specifications.

B. Apply solvent-thinned paints only when temperature of surfaces to be painted and surrounding air temperatures are between forty-five (45) degrees F (7 degrees C) and ninety-five (95) degrees F (35 degrees C), unless otherwise permitted by paint manufacturer’s printed specifications.

C. Do not apply paint in rain, fog or mist; or when relative humidity exceeds eightyfive (85) percent; or to damp or wet surfaces.

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Section 09 91 00: Painting and Finishes (General)

1.08 Delivery and Storage
A. Deliver materials to job site in original, new and unopened packages or containers bearing manufacturer’s name and label, and the following information:

1. Manufacturer’s Name

2. Manufacturer’s stock number and date of manufacture

3. Special color mix: name and number

4. Contents by volume for major pigment and vehicle constituents

5. Thinning instructions

6. Application instructions
B. Store materials and equipment as approved by applicable codes and enforce good housekeeping practices. Any soiled or used rags waste, etc., shall be removed from the site every night and every precaution shall be taken to avoid the danger of fire. No paint materials shall be washed or emptied on the site or into any sewer drains, storm drains or street gutters.

1.09 Protections
A. Protection Work of other trades, whether to be painted or not, against damage by painting and finishing Work. Provide suitable covering or other methods of protection during progress of this Work. Correct any damage by cleaning, repairing or replacing, and repainting, as acceptable to the Project Inspector.

B. Provide “Wet Paint” signs as required to protect newly painted surfaces.

Remove all protective materials upon completion of the Work and touch-up and restore all damaged or defaced surfaces, including the removal of paint spots from other surfaces.

1.10 Guarantee
A. Adhesion: All materials applied shall be guaranteed for a period of two (2) years against failure due to surface conditions, materials, or application. There shall be no evidence of fingerprints blisters, running, peeling, scaling, chalking, streaks or stains.

PART 2 - PRODUCTS

2.01 Color Schedule
A. Project Inspector shall furnish to the Contractor a color schedule of paints to be used based on one of the approved manufacturer’s color charts or requirements for specially mixed colors. Use of one of the other approved manufacturer’s requires the Contractor to match the color schedule provided by the Project Inspector.

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Section 09 91 00: Painting and Finishes (General)

B. Manufacturers names used to designate colors of color schedule is not intended to imply that products names are required to the exclusion of equivalent products of other manufacturers.

C. All colors and manufacturers shall be approved and authorized by the Project Inspector before commencing work.

2.02 Materials Quality
A. Provide best quality grade of various types of paints as regularly manufactured by acceptable paint materials manufacturer. Materials not displaying manufacturer’s identification as a standard, best-grade product will not be acceptable. Acceptable paint manufacturers include:

1. Kelley-Moore

2. Benjamin Moore Company

3. The Glidden Company

4. Pratt and Lambert, Inc.

5. Dunn and Edwards

6. Sherwin-Williams

7. W.P. Fuller Company

8. Tiger Drylac
B. Provide primer and undercoat paint produced by the same manufacturer as finish paint. Use only thinners approved by paint manufacturer, and use only within recommended limits.

C. Epoxy paints and wood stains for use in standard comfort stations shall be as specified on plans.

2.03 Metal Primer
A. Primer for metal surfaces shall be Red Oxide Primer, conforming to Federal Specification TT-P-31 for metal surfaces and Federal Specification TT-P-64b for galvanized surfaces.

PART 3 - EXECUTION

3.01 Surface Preparation
A. General: Perform preparation and cleaning procedures in accordance with paint manufacturer’s instructions, and as herein specified, for each particular surface condition.

B. Paint no items fitted with finish hardware or other similar items until hardware has been removed or provided with surface-applied protection prior to surface preparation and painting operations. Install hardware or remove surfaceapplied protection after paint has dried.

Not for Construction
For Council Approval
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May 20, 2022
Section 09 91 00: Painting and Finishes (General)

C. Metal Surfaces: Clean all metal surfaces, which are not galvanized or shoppainted, of scale, dirt, rust and other deleterious materials before priming.

Clean metal in accordance with Steel Structures Painting Council (SSPC) Specifications.

1. SP-2: Hand Tool Cleaning

2. SP-3: Power Tool Cleaning

3. SP-7: Brush-off Blasting Cleaning
Remove oil, grease, and similar contaminants in accordance with:

1. SP-1: Solvent Cleaning
D. Galvanized Surface: Clean all galvanized surfaces of oil and other surface contaminants with a crystalline zinc phosphate pretreatment (phosphoric acid etch). Remove pretreatment solution by thoroughly washing with clean water and wipe dry.

3.02 Materials Preparation
A. Mix and prepare painting materials in accordance with manufacturer’s specifications.

B. Stir materials before application to produce a mixture of uniform density, and stir as required during application. Do not stir surface film into materials.

Remove film and if necessary, strain materials before using.

3.03 Application of Primer Coat
A. Apply primer coast to all surfaces which are required to be painted or finished, and which have not been prime coated or shop-painted by others. For metal surfaces, tough up shop-painted coats as required.

B. Immediately after surface preparation brush or spray on primer in accordance with manufacturer’s instructions at a rate to provide uniform dry film thickness of two (2.0) mils for each coat. Use painting methods which shall result in full coverage of joints, corners, edges and exposed surfaces.

C. All primer coats shall be free from runs, sags, and other defects. All coats shall be thoroughly dry before applying succeeding coats.

D. Apply one (1) coat of metal primer for metal surfaces, as specified and/or as recommended by manufacturer’s instructions.

3.04 Application of Paint
A. Apply paint in accordance with manufacturer’s instructions. Use applicators and techniques best suited for each surface and type of materials being painted.

B. All painting Work shall be done by skilled workman in a professional manner.

All coats shall be evenly spread and shall be free from run, sags and other defects. All coats shall be thoroughly dry before applying succeeding coats.

Not for Construction
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May 20, 2022
Section 09 91 00: Painting and Finishes (General)

C. All individual coats of paint shall be inspected and approved by the Project Inspector before application of the succeeding specified coat; otherwise no credit for the coat applied shall be given, and the Applicator shall automatically assume responsibility to recoat the Work. The applicator shall provide the Project Inspector a report of each coat applied when completed for inspection and approval to comply with the above.

D. Where coverage is incomplete, not uniform, or not to the required dry film thickness, provide an additional coat at no extra cost to the Developer.

E. Apply finish coats of paint to all exposed surfaces as follows:

1. For primed metal surfaces, apply two (2) coats of 100% acrylic latex base paint, per manufacturer’s recommendations. Apply first coat of paint within 72 hours of primer application. If first coat of finish paint cannot be applied within the specified application time, the contractor shall re-clean and reprimer all exposed metal surfaces prior to start of metal paining operations.

F. Give special attention to ensure that surfaces, including edges, corners, crevices, welds, and exposed fasteners, receive a dry film thickness equivalent to that of flat surfaces.

G. Apply first-coat material to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practical after preparation and before subsequent surface deterioration’s.

H. Allow sufficient time between successive coatings to permit proper drying. Do not recoat until pain has dried to where it feels firm, does not deform or feel sticky under moderate thumb pressure and application of another coat of paint does not cause lifting or loss of adhesion of the undercoat.

I. Apply all coating without reduction, except as specifically required by label directions, or required by this Section.

J. Sand carefully between all coats on smooth surfaces for good adhesion of subsequent coats.

K. Paint all exposed surfaces and anything inaccessible after installation prior to installation, if required to be painted.

3.05 Application of Epoxy Paint
A. Use epoxy paint for floor and wall in restrooms up to ADA height.

END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 12 93 00: Site Furnishing

SECTION 12 93 00

SITE FURNISHINGS
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.

1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of all site furniture, including play equipment and play surfacing, as shown on the Plans and as specified herein.

1.03 References
A. Nothing in the Plans or Specifications is to be construed to permit work not conforming to regulating codes and standards. The Contractor shall furnish without extra charge any material and labor, when required, by the compliance with these rules and regulations, even though the work was not mentioned in these particular Specifications or shown on the Plans.

B. The product manufacturer shall supply complete Specifications for the installation of all site furnishings, including play equipment and play surfacing.

1.04 Submittals
A. Submittals for specified items are required. The Contractor shall submit a materials summary sheet indicating which items will be installed as specified and which items are proposed for substitutions. The Contractor shall submit proof of order within ten (10) working days of the Notice to Proceed, indicating all specified materials have been ordered, noting “as specified” or “substitution proposed”. For the following items, also provide:

1. Leaning Rails

2. Shade Structure

3. Drinking Fountain

4. Trash Receptacle

5. Guard Rail Padding

6. Windscreen

7. Pickle Ball Paddle Rack

8. Court Identification Sign
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Section 12 93 00: Site Furnishing

9. Trellis System
All items with “color as selected by City” shall include color samples.

B. On the date of the Notice to Proceed, the Contractor shall immediately place the order to purchase all site furnishings and as outlined herein. Proof of all orders shall be submitted to the Project Manager within ten (10) working days of the Notice to Proceed.

1.05 Record Drawings
A. The Contractor shall keep an accurate record of the as-built conditions of the miscellaneous site amenities. These records shall be updated daily and kept at the construction site. At any time, the Inspector may examine the conditions of the “as-builts” to ensure compliance of the above.

PART 2 - PRODUCTS

2.01 Materials
A. Drinking Fountain shall be MDF #10145 SM (bottle filler, dual bowl and accessible) and stainless steel surface carrier as distributed by Husbands and Associates (800) 821-9838 and as manufactured by Most Dependable Fountains or accepted equal. Color to be stainless powder coated black or as approved. Include recessed hose bib with locking cover. Install with a sand strainer when sand amenities are included in the park design.

B. Park Identification Sign shall be fabricated by Quick Crete Products Corp., Norco, CA, (916) 447-8644, or by Outdoor Creations, Inc., Anderson, CA, (530) 365-6106, or accepted equal.

C. Line Paint (for pickle ball courts): Hawker - Laykold; Koch Materials - Decocolor; Extol - Color; L&M - Nova acrylic; California Products Corp - Plexicolor Laykold; or accepted equal.

D. Trash Receptacle shall be 32 gallon receptacle with liner, dome top (model # TG3D33S) as fabricated by Wabash Valley, (260) 352-2102, or accepted equal.

E. Pickleball Post shall be as shown on the Plans and as specified herein. The Pickleball Post PPR-10 shall be as distributed by Jeanette Lewis 925-667-6862 and as manufactured by Jaypro Sports 800-243-0533 or accepted equal. Color as selected by the City.

F. Pickleball Net shall be as shown on the Plans and as specified herein. The Pickleball Net PT-21N shall be as distributed by Jeanette Lewis 925-667-6862 and as manufactured by Jaypro Sports 800-243-0533 or accepted equal. Color as selected by the City.

G. Pickleball Court Surfacing shall be as shown on the Plans and as specified herein. The Plexipave Court Surfacing shall be as distributed by and as Not for Construction
For Council Approval
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May 20, 2022
Section 12 93 00: Site Furnishing

manufactured by California Sports Surfaces 978-623-9980 or accepted equal.

Color as selected by the City (refer to detail for color selection).

H. Top Rail Padding shall be as shown on the Plans and as specified herein. The BGRPSG Basezone Round Guard Rail Padding shall be distributed by Sportsfield Specialties, Alex Fletcher 408-728-0482 and as manufactured by Sportsfield Specialties or accepted equal. Color to be selected by the City.

I. Chain link fence windscreen shall be as shown on the Plans and as specified in. Windscreen shall be ten-ari pro custom height as fabricated by putterman athletics, (800-621-0146 and as manufactured by putterman athletics or accepted equal. Color to be green and selected by the City.

J. Pickle ball paddle rack shall be as shown on the Plans and specified herein.

Paddle rack shall be Boomer HS Paddle Rack as fabricated by Boomer Pickleball (800) 970-0308 or accepted equal.

K. Court Identification Sign shall be as shown on the plans and as specified herein.

The 5.5’x3’ Custom Sign shall be distributed by Christopher Kershaw 916-443- 3761 and as manufactured by Capital Sheet Metal or approved equal.

L. Penn Leaning Rail shall be as shown on the plans and specified herein. The PNL8 Penn Leaning Rails shall be distributed and manufactured by Keystone Ridge 724-284-1213 or approved equal. Color and finish to be selected by the City.

M. Trellis System shall be as shown on the Plans and as specified herein. Trellis System shall be Omega II – Eco System with 8-foot tall panels as fabricated by Omega II Fence Systems. Trellis system shall be distributed by MJB Corporation, Nicole Meenan, (530) 272-8005 or accepted equal. Color to be selected by the City.

N. Cantilever Shade Structure shall be as shown on the Plans and as specified herein. Shade structure shall be Model MC10X0 Cantilever Monoslope distributed by Park Planet, Gary Kimbrough, (530) 244-6116 and manufactured by Icon Shelter Systems Inc. or accepted equal. Color to be selected by the City.

PART 3 - EXECUTION

3.01 Installation
A. Contractor to provide experienced workers or subcontractors to install all site furnishings, including the play equipment and play surfacing described in these Specifications. The workers or subcontractor must demonstrate that at least five (5) similar play structures and five (5) play surface applications similar to that specified for this project have been installed in the last three (3) years.

B. All site furnishing shall be installed per manufacturer’s instructions.

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Section 12 93 00: Site Furnishing

C. Heights of tables and benches shall be as follows, unless otherwise required by ADA; California Title 24 or other code requirements:

Description Height Above Finish Grade
Table Surface Height 34” Maximum
Knee Space Height 27” Minimum Clear Space
Knee Space Depth 17” Minimum from edge of table to nearest obstruction under table top
Width of Knee Space 30” Minimum clear width beneath table Bench Surface Height 16” Minimum, 18” Maximum
D. All footings shall be Class A concrete with 3/4” maximum size aggregate, unless otherwise noted. Footings shall be in accordance with Caltrans Standard Specifications, Section 90. Install all footings below finish surface. In paved areas, install paved surface over footing for a clean finished surface as shown on the Plans.

E. Carefully install all furnishings and equipment without disturbance to adjacent finishes. Contractor shall be responsible for the damage and subsequent repairs of damaged finished product.

3.02 Cleaning
A. Thoroughly clean all areas where work has occurred. Remove from the site excess material, debris and rubbish.

B. Take all precautions to protect completed work. Immediately repair or replace all damaged areas due to tire ruts, erosion, compaction failure, etc. Keep all erosion control measures intact.

PART 4 - WARRANTY

4.01 General
A. Contractor shall warranty all site amenities included under this Section.

B. Contractor shall also provide a written warranty covering all materials, equipment and workmanship furnished by him to be free of all defects after installation is accepted, including all defective parts that may have been found.

C. Submit written warranty on company letterhead addressed to the City when providing As-built drawings.

D. Contractor shall submit to the City, upon completion of work, a Certificate of Compliance by a third party certified playground inspector for the installation of the play structure and safety surfacing. Certification shall include testing for compliance of ASTM 1292 (Impact Attenuation of Surfacing Systems under and around Play Equipment). All tests, including re-tests, shall be the responsibility of the Contractor. Submit all test results to the City.

E. Submit maintenance manual for poured-in-place resilient surfacing.

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Section 12 93 00: Site Furnishing

F. Contractor shall submit to the City, upon completion of work, a Certificate of Compliance from the manufacturer of the play structure for the installation of the play structure.

G. Contractor shall submit to the City, upon completion of work, critical fall criterion used to certify all play surfacing material.

H. Attach cut sheets of installed items to the warranty.

END OF SECTION
Not for Construction
For Council Approval
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 26 00 00: Site Electrical

SECTION 26 00 00

SITE ELECTRICAL
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Special Conditions shall be in addition to the standards provided herein.

C. The standards set forth in the City of Roseville Design and Construction Standards, latest edition and requirements outlined by the City of Roseville Electric Department shall be in addition to the standards provided herein.

D. The standards set forth in the latest edition of the California Electrical Code (CEC), incorporating the latest edition of the NEC with City of Roseville amendments shall be in addition to the standards provided herein.

1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of site electrical as shown in the Plans and as specified herein.

B. Submittals shall be required for requested substitutions or plan deviations ONLY. The Contractor shall install all specified electrical fixtures, poles and equipment, unless otherwise accepted and determined as an equivalent.

1.03 References
A. Conform to requirements outlined in the latest editions of the California Electrical Code (CEC), California Administrative Code (Title 24), California Building Code (CBC), California Administrative Code (Title 22) and other applicable codes.

B. Conform to requirements outlined in the latest edition of the Roseville Electric Specifications for Commercial Construction.

1.04 Record Drawings
A. Record drawings are required as a part of this work. At all times, the Contractor shall maintain accurate information of the work in progress. Deviation in layout of conduit or other materials shall be recorded to the satisfaction of the Inspector. Upon completion of the project, as-builts shall be submitted to the City on reproducible plan sheets and shall depict all changes in a neat and legible manner.

Not for Construction
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May 20, 2022
Section 26 00 00: Site Electrical

PART 2 - PRODUCTS

2.01 Service Panels
A. Service panels shall meet the Roseville Electric approved sections of the EUSERC requirements. The list of acceptable panels can be found at https://the.euserc.org/s/Roseville-City-of-Acceptability-Pages.pdf B. Service panel shall be:

1. Built to UL508A standards

2. Metered

3. Single phase or three phase application

4. Rated for 120 to 480 volts

5. Color: Hunter Green

2.02 Conduit and Fittings
A. For primaries (12,000 volts), conform to Roseville Electric’s Specifications for Commercial Construction, latest edition.

B. All other conduit and fittings shall conform to the California Electric Code, latest edition.

2.03 Wires and Cables
A. Conform to the California Electric Code, latest edition.

B. All wires shall be copper only, 90-degree-C THHN/THWN insulation.

2.04 Wire Connections and Devices
A. Conform to the California Electric Code, latest edition.

B. Splices and joints for #10 AWG or smaller wiring shall be twisted together electrically and mechanically strong and insulated with approved type insulated electrical spring connectors, Scotchlok or Ideal. Joints and connections for #8 AWG or larger shall be made with Burndy, T & B, or approved equal, solderless tool applied pressure lugs and connectors. Uninsulated lugs and wire ends shall be insulated with layers of plastic tape equal to insulation of wire and with all irregular surfaces properly padded with "Scotchfil" putty prior to application of tape. Tape shall be equal to Scotch #33, General Electric #AW-1, or approved equal. Feeder splicing is not permitted.

C. Receptacles: 15 & 20 Amp 125 Volt receptacles shall be "Specification" grade, duplex, UL Listed, rated Weatherproof where installed outdoors or in damp or wet locations. Where only one receptacle is connected to a 20 ampere circuit, a 20 ampere receptacle shall be used. Receptacles to be Hubbell 5262 series, 5362 series, or equal. Provide an equipment grounding jumper (pigtail) connecting the grounding terminal of the receptacle to the grounded box.

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Section 26 00 00: Site Electrical

2.05 Outlet Boxes
A. Cast Metal boxes shall be cadmium plated, cast iron alloy by Crouse-Hinds Form 8 condulets, Appleton Form 35 Unilets or accepted equal.

B. Cast Metal Outlet boxes shall be four inch (4”) round, galvanized cast iron alloy with threaded hubs and mounting lugs as required. Boxes shall be furnished with cast cover plates of the same material as the box and neoprene gaskets by Crouse-Hinds VXF series, Appleton JBX series or accepted equal.

2.06 Pull and Junction Boxes
A. Per City of Roseville Electric Department’s Specifications for Commercial Construction, latest edition.

2.07 Parts Identification
A. Consistent with the City of Roseville Electric Department’s Specifications for Commercial Construction, latest edition.

2.08 Electrical Support Equipment
A. Concrete Fasteners shall be Philips “Red-Head” or accepted equal. Powder driven concrete pin fasteners, low velocity type shall be Remington, Ramset or accepted equal.

B. Conduit Straps shall be hot dipped galvanized, cast malleable iron, one hole type strap with cast clamp-backs and spacers (as required) by O-Z/Gedney No. 15-50G strap and #14G spacer, Efcor No. 231 strap and No.131 spacer or accepted equal.

C. Concrete Inserts shall be pressed galvanized steel, spot insert with oval slot capable of accepting support nuts of ¼ inch to ½ inch diameter thread by Unistrut No. M2506 series, Globestrut CSI series or accepted equal.

D. Construction Channel shall be 1-1/2 inch by 1-1/2 inch 12 gauge galvanized steel channel with 17/32 inch diameter bolt holes, 1-1/2 inch on center, in the base of the channel by Kindorf 905 series, Unistrut P-1000-HS or accepted equal.

E. Cable Ties and Clamps shall be one piece, nylon, reusable type lashing tiesby Thomas and Betts Co “Ty-Raps”, Panduit “Pan-Ty” or accepted equal.

F. General Fasteners shall be wood screws for fastening to work; machine screws for fastening to steel; toggle bolts for fastening to gypsum board or plaster walls; expansion anchors for attachments to pre-poured concrete.

G. GFI Outlet Cover shall be metal, lockable, and flush with the surface it is installed in. Cover must conform to the California Electric Code, latest edition.

2.09 Fixtures and Poles
A. Sports lights: Refer to Section 26 56 68 Sports Field Lighting Not for Construction
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Section 26 00 00: Site Electrical

B. Pathway/Security lights shall be:

1. LED: Hadco: RL54 B B N N 1 A W N N N A 2 N N N N SP1

2. Pod: die-cast aluminum housing with tool-less access

3. Globe: clear prismatic injection molded U.V. stabilized acrylic

4. Symmetric photometric distribution

5. Rated 120 volts
C. Poles shall be:

1. Whatley: TR34 16 DE BLK TXT 30-30 or accepted equal

2. Fiberglass, direct burial

3. Textured round, tapered

4. 16’ mounting height

5. Include –RC receptacle as shown on plans
D. Vandal resistant surface mounted fixture shall be:

Luminaire LED: SWP610 NODIM 15W 40K 120 CLP BLK CAB (PC) or accepted equal. Provide integral photocell where shown on plans.

1. Description: wall/ceiling mout, durable, polycarbonate housing supported by marine grade, die cast aluminum base plate.

2. Bezel: one piece injection molded UV stabilized polycarbonate mechanically interlocked to lens. Minimum wall thickness 0.140”.

3. Lens: one piece injection molded UV stabilized prismatic polycarbonate with minimum 0.140” wall thickness.

4. UL Listing: Wet Location Listing.

2.10 Tracer Wire
A. Insulated solid copper wire, minimum #12 gauge.

PART 3 - EXECUTION

3.01 Installation
A. Install (luminaire and poles) in accordance to manufacturer’s instructions.

B. Ensure proper handling and installation of fixtures including hardware necessary for a complete installation. Fixtures (luminaire and poles) shall be clean, plumb and level.

C. All lamps shall be new and in operating condition. New lamps shall have less than 100 hours of operation on-site.

D. All splices in exterior fixtures or fixture outlet boxes shall be made watertight, using specified epoxy resin splicing kits.

E. Operate the entire system, once complete, in the presence of the Inspector.

Immediately correct any improper connections or other items.

F. Install concrete collars around light poles. Concrete collars shall be per the Parks Construction Standards, latest edition.

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Section 26 00 00: Site Electrical

G. Install tracer wire on top of conduit for all up-lighting and sports field lighting.

3.02 Clean Up
A. At all times, maintain a safe and clean work site, free of debris and rubbish.

B. All electrical parts shall be clean of conductive and deleterious materials.

C. All enclosures shall be free of dirt and debris.

D. Clean all finishes and touch up damaged areas prior to pre-final inspection.

3.03 Excavation & Backfill
A. Refer to Section 33 00 00 Utilities.

3.04 Equipment Pads
A. Concrete reinforced pads for mounting of equipment (i.e. switchboard, transformers, freestanding panels, etc.) shall be minimum 3000psi, 6" thick with #4 rebars at 12" on center each way. Rebars shall be centered in pad. Pad shall extend 2" beyond equipment and 1.5" above surrounding area. Backfill and compact to 95% maximum dry density at optimum moisture content in layers not to exceed 6" when compacted.

3.05 Grounding
A. Grounding and ground bonding of the electrical installation shall be in accordance with CEC Article 250, and any applicable codes. Ground fittings shall be approved manufactured type, installed and connected to conform with Code requirements.

B. Neutral conductors and noncurrent-carrying parts of equipment at each installation shall be grounded in accordance with applicable code. Ground conductor shall be copper having a current capacity sized in accordance with CEC.

C. All equipment cases, motor frames, etc., shall be completely grounded to satisfy requirements of CEC. Install bond wire in flexible conduit. Install copper bond wire, sized in accordance with CEC, in all nonmetallic raceways and bond to all metallic parts using approved fittings.

D. Service ground conductor shall be connected to a "Ufer" encased ground and bonded to the metallic cold water pipe system and to the metallic natural gas line. 5/8” x 10 ft copper clad ground rods may be used in lieu of the Ufer ground where no footing is available.

E. All connections shall be made with solderless connectors or molded fusionwelding process.

F. Equipment grounding conductors shall be insulated with a continuous green outer finish along its entire length. Conductors size #4 AWG and larger may be identified (with green electrical tape applied half-lapped) at each end and at Not for Construction
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May 20, 2022
Section 26 00 00: Site Electrical

every point where the conductor is accessible. Tape shall be applied from its point of entry to point of exit or termination.

G. Insulated grounded (neutral) conductors shall be identified with a continuous white outer finish along its entire length. Neutral conductors #4 AWG or larger can be identified by a distinctive white marking (applied half-lapped with white electrical tape) for the last 12 inches at each end.

3.06 Field Testing
A. Perform Insulation Resistance (IR) "Megger" Testing per NETA Standards.

Submit test results. Provide testing for:

1. All feeders 100 Amps and higher.

2. Branch circuits 100 Amps and higher.

B. Each ground rod shall be tested. A ground rod which does not have a resistance to ground of 25 ohms or less shall be augmented by one additional ground rod at no less than 8 feet from each other.

END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 31 10 00 Clearing and Grubbing

SECTION 26 56 68

SPORTS FIELD LIGHTING
PART 1 - PART I - GENERAL

1.01 Related Documents
Drawings and general provisions of the bid documents, including general and supplementary conditions apply to this section.

1.02 Description of Work
A. The Sports Lighting section includes:

1. Galvanized steel pole and luminaire mounting crossarms

2. LED Luminaires, with appropriate glare/spill light control

3. Remote driver enclosure

4. Pole Foundations

5. Control System
B. The purpose of this specification is to define the performance standards, product values and features, required manufacturer's service responsibilities, and design standards for Gibson Park Pickleball in Roseville, CA.

1.03 Submittals
A. It has been predetermined that these project specifications are the minimum acceptable criteria for this project. Musco Sports Lighting LLC, Total Light Control – TLC for LED™ technology is the only pre-approved equipment supplier.

B. Manufacturers requesting approval shall provide submittal information as per Section

1.03 D. Submittal information must be received 10 days prior to bid opening, approved manufacturers will be notified by addendum.

C. Submit each item in this article according to the conditions of the contract and specification section. Any deviations to the specification require the manufacturer to list and describe in detail such deviations. Failure to provide this information shall be grounds for immediate rejection.

D. Submittal information required:

1. Light scans as per Section 1.04 of the specification.

2. Spill scans as per Section 1.05 of the specification.

3. Detailed warranty information as per Section 3.01 of the specification.

4. Detail foundation design as described in Section 2.01

5. Provide written information for the automated control system to include monitoring. Also provide examples of system reporting and access for numbers for personal contact to operate the system.

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6. The manufacturer must submit evidence in the form of a letter from a California Licensed structural engineer that the manufacturer has the ability to confirm to the California Title 24 structural design requirements. The manufacturer must provide five (5) similar pole submittal project reviews approved by the California Division of State Architecture’s office in the past two (2) years. The examples are to include the D.S.A. file numbers.

7. Lighting Manufacturer will supply certified photometric reports from Independent Testing Lab (ITL) or a Certified Lab along with an aiming angle summary for verification.

1.04 Sports Lighting Performance
A. Illumination Levels and Design Factors: The illumination levels specified shall be based on light levels for 25 years. Light levels shall not drop below specified targeted lighting levels during the specified warranty period. Appropriate light loss factors shall be applied and submitted for the basis of design.

Area of Lighting Light Levels Uniformity # of Points Size of Area Grid Spacing Pickleball Courts 1-3 45fc 2:1 60 102’ x 64’ 10’ x 10’
Pickleball Courts 4-6 45fc 2:1 60 102’ x 64’ 10’ x 10’
Pickleball Courts 7-9 45fc 2:1 60 102’ x 64’ 10’ x 10’

1.05 Spill and Glare Analysis
A. Submitted spill/glare computer models shall depict the field test stations at 150’ from the field line. The test stations shall be shown every 30’ along the line with the field lights on. Bidder shall submit, drawings reflecting 0 foot-candles horizontal and vertical at this line.

B. MATERIALS
A. Pole Structural Steel

1. The pole shafts shall be high strength low alloy tapered tubular steel that is equal to current ASTM A595 standards, with galvanized coating inside and out.

All connections of pole sections shall be by slip fitting the top section over the lower section by a length of at least 1.5 times the diameters.

2. Steel components of the poles shall be hot dip galvanized t current ASTM A-123.

Steel portions of the pole shall be constructed such that all segments of the pole can be readily heated to like temperatures in commercially available galvanizing methods.

3. To avoid problems of galvanize adherence to differing steel alloys, all steel components used for the pole must be of the same type steel.

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Section 31 10 00 Clearing and Grubbing

4. All exposed steel components of the pole shall be at least 18” above the surface of the ground to avoid exposure of the steel to the heavily moisture and oxygen laden air, both above and below the surface. There shall be a cap to cover the top of the pole so that rain will not enter the interior of the pole.

5. To avoid stress corrosion of the pole, there shall be no weld points of the steel portion of the pole within 18” of the ground. The pole shall be galvanized steel.

6. The poles for this project have been designed to withstand 110 mph winds based upon CBC-C standards. The premise of the wind speed criteria will be the 50 year mean recurrent isotach wind map. Applicable gust factors to be applied per code.

B. Foundation Design

1. The Manufacturer shall provide a stamped foundation design, prepared by a Structural Engineer, licensed in the State of California.

2. The foundation design shall be based upon recommendations contained in the Geotechnical Report furnished by the Owner. If a Geotechnical Report is not provided by the Owner, the foundation design shall be based on soils that meet or exceed those of a Class 5 material as defined by the 2010 CBC Table 1806.2.

3. It is the contractor’s responsibility to notify the owner of soil conditions other than the design criteria. The owner shall then be responsible and absorb the additional costs associated with: Providing engineered foundation embedment design by a registered engineer in the State of California for soils other than specified soil conditions. Additional materials required to achieve alternate foundation. No direct burial steel poles allowed.

4. Lightning Protection: Manufacturer shall provide integrated lightning grounding via concrete encased electrode grounding system as defined by NFPA 780 and be UL Listed per UL 96 and UL 96A. If grounding is not integrated into the structure, the Manufacturer shall supply grounding electrodes, copper down conductors and exothermic weld kits. Electrodes and conductors shall be sized as required by NFPA 780. The grounding electrode shall be not less than 5/8 inch diameter and 8 feet long, with a minimum of 10 feet embedment. Grounding electrode shall be connected to the structure by a grounding electrode conductor with a minimum size of 2 AWG for poles with 75 feet mounting height or less, and 2/0 AWG for poles with more than 75 feet mounting height.

C. LED Sports Lighting Fixtures:

The lens is permanently sealed to keep optics away from harmful environmental elements. Fixture is vented and filtered to adapt to environmental elements. Heat sink with a unique convective air cooling design with high thermal conductivity and corrosion resistant construction. Machine mounted surface for maximum heat transfer of diode assembly and maintains low LED junction temperature during high wattage operation. Custom high power diode package with a metal core printed circuit board. The light control visors are factory aimed. Controls and directs more light onto the field which reduced glare and spill and enhances the on-field playability. Fixture is powder coated gray.

D. Remote Electrical Enclosure:

Not for Construction
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May 20, 2022
Section 31 10 00 Clearing and Grubbing

Remote drivers and supporting electrical equipment shall be mounted approximately 10 feet above grade in aluminum enclosures. Drivers are remote for ease of installation and servicing. The enclosures shall be touchsafe and include drivers and fusing with indicator lights on fuses to notify when a fuse is to be replaced for each luminaire. Disconnect per circuit for each pole structure will be located in the enclosure.

E. Wire Harness: Spiral wound, abrasion protection sleeve, strain relief, plug-in connections
F. Energy Consumption: The average kWh consumption for the entire facility shall not exceed 10.32kW for the lighting system.

G. Controls and Monitoring System:

1. Factory assembled lighting control cabinet (LCC) – The LCC shall be assembled and wired by a UL listed panel builder. The LCC shall contain Contactors, Monitoring and Control System and door mounted Manual off-onauto selector switches. The LCC shall arrive at the job site ready to attach to an existing wall, switchgear, or a free standing enclosure. a. Control Wire Terminations - The Control Wire Terminations shall include UL listed terminal blocks mounted on a DIN rail and 250 volt, 16 amp, touch safe type fuse holders.
b. The ECE shall be constructed of aluminum and shall be powder coated gray. The cabinet door shall utilize a lockable, 3 point latching assembly that provides a NEMA 4 rated seal.
c. Contactor Modules – Contactors shall be UL listed for lighting applications. They shall be rated at full capacity, be electrically held, utilize a 120 volt coil and be rated for operation in a ambient temperature range from -40 degrees C to +70 degrees C.
d. Manual off-on-auto Selector Switches – For on site manual control, three position selector switches shall be factory mounted to the ECE door. The switches shall be keyed and maintain position, with make before break contacts. The switches shall be factory wired to control terminal blocks.
e. Warranty – The LCC shall be covered under the standard warranty for the accompanying lighting equipment.

2. Remote Monitoring System: System shall monitor lighting performance and notify manufacturer if individual luminaire outage is detected so that appropriate maintenance can be scheduled. The manufacturer shall notify the owner of outages within 24 hours, or the next business day. The controller shall determine switch position (manual or auto) and contactor status (open or closed). The Monitoring System shall be factory wired to control terminal blocks.

3. Remote Lighting Control System: The Lighting Control System shall allow owners and users with a security code to schedule on/off system operation via a web site, phone, fax or email up to ten years in advance. Manufacturer shall provide and maintain a two-way TCP/IP communication link. Trained Not for Construction
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May 20, 2022
Section 31 10 00 Clearing and Grubbing

staff shall be available 24/7 to provide scheduling support and assist with reporting needs. The Light Control System shall be factory wired to control terminal blocks.

3.01 Warranty
A. 25-Year Warranty: Each manufacturer shall supply a signed warranty covering materials and labor for the entire system for 25 years from the date of shipment.

Warranty shall specify light levels, system energy consumption, monitoring, maintenance and control services, spill light control, and structural integrity.

Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty does not cover weather conditions events such as lightning or hail damage, improper installation, vandalism or abuse, unauthorized repairs or alterations, or product made by other manufacturers.

3.02 Field Technician
A. Manufacturer shall have available a local factory trained technician to provide project support including but not limited to: Lamp replacement, confirm luminaire, aiming points, troubleshoot, and educate customer maintenance personnel.

END OF SECTION

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 31 10 00 Clearing and Grubbing

SECTION 31 10 00

CLEARING AND GRUBBING
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.

1.02 Description
A. Preserve and protect existing site amenities to remain, including, but not limited to, trees, shrubs, underground utilities and other improvements as shown on the Plans. Protection of work shall include affected improvements on adjoining properties.

B. Scope of work includes: site preparation, removal of debris, staging of equipment and materials and securing the site for construction.

1.03 Related Work
A. Section 31 20 00: Earthwork
B. Section 01 57 23: Storm Water Pollution Control

1.04 Protection/Replacement
A. Prior to demolition, erect protective fencing a minimum of one foot (1’) beyond the canopy of all trees to remain. The radius of the canopy shall be measured from the longest branch furthest from the trunk. Refer to the environmental document for additional requirements for protective fencing on other existing natural features. For work within or near protected trees, a tree permit may be required.

B. If public use is to be maintained on unaffected portions of the project site, the Contractor shall be responsible for directing pedestrian and vehicular traffic safely around the construction zone. Utilization of temporary fencing, barricades, signage, etc. shall be the responsibility of the Contractor. Safe detours shall be available to the general public at all times during the course of construction.

C. Protection of existing site improvements shown to remain, including, but not limited to, fencing, signs, benches, picnic tables, play structures, shade structures, drinking fountains, concrete paving, concrete wall and curbs, Not for Construction
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Gibson Park
May 20, 2022
Section 31 10 00 Clearing and Grubbing

decomposed granite paving, asphalt concrete paving, recreational site improvements, etc. are to be protected and preserved.

D. The Contractor shall be responsible for any damage to and maintenance of all existing street improvements, drainage facilities and irrigation systems and to re-establish these improvements to their original condition as soon as possible after completion of the work in the area, to the complete satisfaction of the Project Manager and Inspector. Realignments or modifications to the existing facilities as shown on the plans are accepted.

E. Survey monuments and markers either shown on the Plans or encountered during the course of construction shall be protected and preserved. The Contractor shall notify the Inspector upon discovery of an unmarked monument, at which time, arrangements for the relocation or adjustment of the monument will be determined. All costs associated with the relocation or adjustment of these monuments shall be the Contractor’s responsibility.

F. Burning or burying removed material on-site is prohibited.

G. Where the removal of specific material creates an open hole, pit, trench or other depression, the Contractor shall immediately backfill and compact the areas consistent with requirements outlined in Section 31 20 00 of these Specifications.

H. All items identified in the Plans to remain or identified in the field to remain, removed in error by the Contractor, shall be repaired or replaced to match in equal or better construction, at no cost to the City. The quality of the repair or replacement shall be measured as that existing at contract award.

PART 2 - PRODUCTS
Intentionally left blank.

PART 3 - EXECUTION

3.01 Pre-Construction Site Review
A. Contractor shall review existing site conditions with the Inspector prior to start of construction and document any conditions which adversely affect the satisfactory execution of the work and final acceptance of the project.

B. Commencement of work constitutes acceptance of existing conditions. The Contractor shall, at his expense, be responsible for correcting all unsatisfactory and defective work.

3.02 Clearing
A. Completely remove trees, shrubs, stumps, vines, rubbish/debris, undergrowth, deadwood, structures, and other elements identified to be removed and/or which interfere with the construction as shown on the Plans and as specified.

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Section 31 10 00 Clearing and Grubbing

B. Obtain verification from the Project Manager for non-identified items scheduled to be removed prior to actual removal.

3.03 Grubbing
A. Remove all stumps, roots, grasses and weeds in its entirety. Apply systemic weed killer. Confirm weed kill prior to removal.

B. Once surface material is removed, the Contractor shall stockpile the top twelve inches (12”) of topsoil for use during the final grading phase of work. This soil shall be free of rocks, debris, roots and other undesirable material.

3.04 Utilities
A. Contact USA Alert (800) 642-2444 prior to commencement of any demolition or excavation work. Provide a minimum of 48 hours’ notice. Verify all utilities entering into and their locations within the project site.

B. Where utilities lie within the project site, but are not a part of the project, the Contractor shall cooperate with the agency or utility company having jurisdiction to maintain its use and the integrity of the structure.

C. Where utilities enter into the project site and taps, connections to or extensions of the utility are identified in the Plans, the Contractor shall coordinate all work with the agency or utility company having jurisdiction to minimize or eliminate disruption of use by the adjacent properties.

D. Verify that all utilities, shown to be removed on the Plans, are inactive and turned off prior to disconnection and/or re-routing, prior to demolition.

3.05 Debris Removal
A. All materials removed as a part of this contract shall become the property of the Contractor and shall be legally disposed of off-site, unless otherwise noted on the Plans.

B. Where a portion of a concrete slab, curb or wall and asphalt concrete paving or curb is to be removed, the concrete shall be cut with a concrete saw at a 90 degree angle so that the edge of the remaining concrete shall form a neat, straight line. Conform to the City of Roseville Design and Construction Standards, latest edition.

END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 31 20 00: Earthwork

SECTION 31 20 00

EARTHWORK
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.

C. The standards set forth in the Caltrans Standard Specifications, latest edition, shall be in addition to the standards provided herein.

D. The requirements set forth by CAL OSHA shall be in addition to the standards provided herein.

1.02 Description
A. Provide all labor, operations and materials necessary for earthwork, including, but not limited to, staking and surveying, grading; excavating; installation of facilities necessary to perform excavation and subsequent removal of such facilities upon completion of work; subgrade preparation; backfilling; and other incidental items necessary for a complete project.

B. This project requires export of material. The export of material shall be a part of the Contractor’s bid price.

C. The intent of the grading plan is to provide positive drainage and to maintain slopes on walkways as required by the Americans with Disabilities Act and California Title 24 throughout the project site. The Project Manager shall be notified immediately of any discrepancies between the Plans and actual field conditions and/or conflicts between the design and code requirements.

1.03 Related Work
A. Section 31 10 00: Clearing and Grubbing
B. Section 33 00 00: Utilities
C. Section 32 84 00: Irrigation System
D. Section 32 90 00: Planting
E. Section 26 00 00: Site Electrical
F. Section 01 57 23 Storm Water Pollution Control

1.04 Quality Assurance
A. All work shall conform to local codes and regulations, including standards set forth in the Standard Specifications of the State of California, Business and Not for Construction
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Section 31 20 00: Earthwork

Transportation Agency, Department of Transportation (Caltrans), Chapter 70 of the Uniform Building Code and ASTM.

B. Relative compaction shall be the in-place dry density of soil denoted as a percentage of the maximum dry density of the same material. This shall be as determined by ASTM 1557. The optimum moisture is measured by the water content which corresponds to the maximum dry density.

C. Upon discovery of unforeseen subsurface site conditions, the Contractor shall notify the Inspector immediately.

D. Upon discovery of hazardous materials, cease all activity and immediately contact the Fire Department.

1.05 Protection
A. Provide and install all supports, shoring, bracing, underpinning, sheet piling and other methods for the sides of excavations necessary for ensuring safe working conditions for the workmen and to protect adjacent improvements to remain.

B. Provide any and all protection measures necessary to ensure the protection of the workmen, the general public, including children and the project site. These protection requirements remain the Contractor’s sole responsibility throughout the duration of the project, including non-working hours.

C. Do not obstruct vehicular, bicycle or pedestrian thoroughfares, unless previously accepted by the City. Provide safe and adequate detours around the construction as required by City and State regulations.

D. Trenches shall be covered at all times when work directly associated with the trenches is not occurring, including non-work hours.

E. During the course of construction, the Contractor shall ensure that surface drainage does not create a nuisance onto adjacent properties.

1.06 Erosion Control Measures
A. Construction sites shall have required erosion and sediment control measures in place as required by the SWPPP. If construction is in progress, the Contractor shall ensure that the construction site is prepared prior to the onset of any storm. At a minimum, erosion control measures shall include:

1. Broadcast seed

2. Drainage area protection

3. Dust/mud control

4. Drain inlet filters

5. Silt fence and straw wattles

6. Slope protection

7. Straw bales

8. Silt controlling devices
Not for Construction
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Gibson Park
May 20, 2022
Section 31 20 00: Earthwork

PART 2 - PRODUCTS

2.01 Base Rock
A. Class 2 aggregate base per Caltrans Standard Specifications, latest edition.

2.02 Drain Rock
A. Drain rock shall be Class 2 permeable, washed, unbroken stone or gravel.

Material gradation shall conform to the following:

Sieve Size Percent Passing
1 inch 100
No. 4 20-50
No. 50 0-10
No. 200 0-5

2.03 Pea Gravel
A. Pea gravel shall be natural stone, free of clay, shale or organic matter, and shall conform to the following:

Sieve Size Percent Passing
3/8 inch 100
No. 4 47
No. 8 2
No. 16 1

2.04 Fill
A. Structural Fill shall conform to Caltrans Standard Specifications or the accepted site-specific geotechnical report generated for the project.

B. Fill for non-structural areas shall conform to the following standards:

1. Plasticity: ASTM D4318-84

2. Expansion Index: No greater than twenty (20)

3. Testing: UBC 29-9 and ASTM D422-72

4. Particle Size: No greater than one inch (1”)

2.05 Topsoil
A. The top eight to ten inches (8” – 10”) of native soil containing more than three percent (3%) organic material. Topsoil shall be free of rocks no larger than one inch (1”) in diameter, free from subsoil, roots, heavy or stiff clay, course sand, destructive seeds, noxious chemicals, brush, debris, litter and other undesirable materials.

B. For any import soil to be used in turf/planting areas, submit a soils analysis with soil amendment recommendations (for plant growth) for review and acceptance prior to placement on-site. Soils test information shall be as outlined in Section 32 90 00: Planting – 1.06.

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Section 31 20 00: Earthwork

2.06 Soil Sterilant
A. Sterilizer shall be standard, quick-acting, short-lived and non-selective weed and grass killer, commonly used under roadway/transportation projects.

Application of the sterilant shall pose no short or long term health threats to the installer or the general public. Submit analysis for approval prior to applying.

2.07 Sand
A. Granular, fine, free of organic matter, mica, loam or clay material.

PART 3 - EXECUTION

3.01 Construction Staking
A. The layout of all work shall be performed by a California State licensed land surveyor provided by the Contractor.

B. Notify the Inspector immediately of any discrepancies between actual field conditions and the Plans. Minor field adjustments may be necessary in order to fulfill the intent of the Plans.

C. Non-notification of discrepancies between actual field conditions and the Plans by the Contractor, in writing, shall indicate his acceptance of such field conditions. Adjustments/modifications to the construction to accommodate the inconsistencies (without notification) shall be at no additional cost to the City.

3.02 Excavation
A. All excavations shall be as noted on the Plans. Excavations shall include accommodation of base material.

B. Do not over-excavate. Excavations shall provide appropriate space to install shoring, bracing, formwork, etc, as needed to ensure the safe and proper construction of the work.

C. Take every precaution to prevent water from entering, softening, and undercutting excavated areas, including, pits, footings, trenches, etc.

D. Notify the Inspector immediately upon discovery of unsatisfactory soils materials or unforeseen site conditions. Excavation shall include the complete removal of the unsatisfactory material and its legal disposal thereof.

3.03 Site Grading
A. A grading permit is required to be obtained by the Contractor prior to commencing any earthwork.

B. Grading shall include adjacent transition areas, new elevations/contours as shown on the Plans. All subgrade areas shall be graded parallel to the finish grades and contours and shall be uniform in slope. Transition areas shall provide a smooth connection between new and existing grades and shall not create additional drainage or ponding onto adjoining properties.

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Section 31 20 00: Earthwork

C. Surface grades shall provide for positive drainage away from structures and footings, and shall be uniformly smooth throughout.

D. Rough grading shall:

1. Be graded to a tolerance of 0.10 feet, plus or minus for planted and turf areas.

2. Be graded with a tolerance less than .04’ from specified grade and cross section for subgrade in which pavement, curbs and other structural elements are to be placed immediately above.

3. Provide a subgrade surface free of exposed rocks, stones and boulders.

4. Provide a subgrade surface free of depressions, pits, etc., with proper backfill and compaction. See paragraph 3.04 below.

3.04 Placement of Fill Material
A. Prior to placement of fill material, the Contractor shall:

1. Obtain approval of the subgrade surface from the Inspector.

2. Scarify, dry and compact soft and/or wet areas.

3. Remove and replace unsuitable subgrade material to the satisfaction of the Inspector.

4. Take all necessary corrective action.

B. Do not use topsoil as fill or backfill material, unless otherwise accepted in writing.

C. Fill shall be placed in the following manner:

1. Accepted engineered fill material for structural slabs and areas to be paved shall be placed in six-inch (6”) loose thickness, uniform layers over the entire area.

2. Fill material in planted areas shall be placed in twenty-four inch (24”) maximum loose thickness throughout the areas to receive fill.

D. Aerate or water each lift to obtain the required compaction rate indicated on the Plans. Thoroughly mix material to ensure proper moisture content for compaction. Repeat the operations until grades, as shown on the Plans, are obtained. Jetting of trenches shall be reviewed and accepted by the Inspector prior to performance of work.

E. Do not place fill when the subgrade is frozen, muddy or wet. Allow conditions to thaw and dry out before resuming operations.

F. Use hand tampers or vibrating compactors around foundations walls, retaining walls and other structural elements. Do not use large equipment in these areas and do not begin compaction operations until the bearing surfaces have reached its design strength.

G. Fill around existing trees to remain shall not exceed twelve inches (12”).

1. Minor fill (6” or less) shall utilize topsoil and shall be placed by hand. Do not cover crown of trunk. Feather grades to the extent possible.

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Section 31 20 00: Earthwork

2. Fills between 6” and 12” shall utilize 3/4” pea gravel on grade, placed up to three inches (3”) below finish grade. Apply topsoil, by hand, to meet finish grade elevations. Feather grades to the extent possible.

H. Construct mounds from on-site material. The core of the mound (1’ below finish elevations) shall be compacted to 90%. The top twelve inches (12”) shall be compacted to 85%. Place topsoil in the top twelve inches (12”).

I. Place topsoil in all turf and planting areas a minimum of twelve (12) inches deep.

See Section 31 10 00, 3.03-B: Clearing and Grubbing.

3.05 Trenching, Backfilling and Compacting
A. For trenches greater than five feet (5’) in depth, submit an OSHA permit related to the work.

B. All trenches shall be straight, true and cut vertical at 90 degrees to the surface plane.

C. For trenches through existing paved surfaces, use a concrete saw or other tool to achieve straight, clean lines. Replace paved surface to the same or better condition as existing prior to cut.

D. Do not over-excavate. Maintain bearing surfaces true, level and undisturbed to the extent possible.

E. Trenches shall be kept dry and frost-free. Do not allow standing water to collect.

F. Do not allow trenches to remain exposed at any time when work directly related is not occurring. Cover all trenches during non-work hours.

G. Bedding for all trenches to receive pipes shall be as follows:

1. Bedding material shall be consistent with the City of Roseville Design and Construction Standards, latest edition.

2. Pipe shall lie completely on bedding. Pipe fittings or joints shall not bear weight.

3. Bedding shall be uniform throughout the length of pipe.

H. Initial backfill for storm drains, sewer lines and electrical conduit shall conform the applicable City standard set forth by the Department having jurisdiction.

I. Backfill beyond the initial operations shall be native soil, placed in twelve-inch (12”) lifts. Compaction for trenched areas shall be 95% for parking lot, driveway and roadway areas; 90% for hardscape (i.e. walkways, picnic pads basketball and tennis courts); and 85% in areas to be planted. Place topsoil over trenches in planted areas. Upon completion, all trenches shall be filled flush with adjacent finish grades.

J. Compaction tests shall be required for trenched areas, hardscape areas and areas where fill over two feet in depth will be placed. The Inspector shall determine the number of tests and the locations. Re-tests shall be the Contractor’s responsibility.

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Section 31 20 00: Earthwork

K. Potholing shall be required in areas where existing utilities are indicated. Hand digging may be required.

3.06 Soil Sterilant
A. Soil sterilant shall be applied to areas where paving is to be installed. The worker applying the sterilant shall take every precaution to avoid overspray of sterilant onto areas to be planted. The sterilant shall be placed no further than six inches (6”) beyond the edge of pavement.

B. Soil sterilant shall not be applied in inclement weather and windy days.

3.07 Drainage Areas
A. All bare areas, regardless of slope, within 50 feet of natural drainages shall be covered with straw and pressed in place.

B. No grading or trenching, except as required for erosion or sediment control, shall occur within 35 feet from the centerline of perennial and intermittent drainage swales between October 5 and April 1 unless approved by the Engineering Division, as well as any other governmental agency which may have additional jurisdiction and/or requirements.

3.08 Dust/Mud Control
A. Adjacent Streets: Adjacent street frontages shall be swept at least once a day to remove silt and other dirt which is evident from construction activities.

B. Construction Vehicles: The Contractor is responsible for cleaning construction vehicles leaving the site on a daily basis to prevent dust, silt, mud and dirt from being released or tracked offsite. Adjacent streets shall be swept clean daily.

C. Grading Spoils: Dry stockpiles of soil shall be watered to prevent the generation of airborne dust. Trucks transporting dry soil shall be covered with tarpaulins.

D. Water: Water shall be sprayed on all exposed earth surfaces during clearing, grading, earth moving and other site preparation activities. The exposed earth shall be watered throughout the day to minimize dust. The Contractor shall obtain a hydrant permit from the Environmental Utilities Department.

E. Wind Allowances: Grading activities shall be restricted or halted when winds exceed 15 miles per hour as deemed necessary by the Public Works Inspector.

END OF SECTION
Not for Construction
For Council Approval
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 12 16: Asphalt Concrete Paving

SECTION 32 12 16

ASPHALT CONCRETE PAVING
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.

C. The standards set forth in the City of Roseville Design and Construction Standards and the City of Roseville Parks Construction Standards, latest editions, shall be in addition to the standards provided herein.

D. The standards set forth in the State of California, Title 24, Americans with Disabilities Act, latest edition, shall be in addition to the standards provided herein.

1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of asphalt concrete paving, including international disabled signs as shown in the City Standard, as shown on the Plans and as specified herein.

1.03 References
A. Caltrans Standard Specifications for asphaltic concrete, latest edition.

1.04 Tolerances
A. All surface areas shall drain. Ponding, puddling or birdbaths are not acceptable.

B. Surface grades shall conform to the following:

Description shall not exceed, ... from indicated
line, grade or thickness
Base Course 0.1 foot +/-
Finish Surface 0.05 foot +/-
Thickness of finished
pavement

0.01 foot less
C. Flatness: maximum variance of 1/8” as measured with a ten (10) foot straight edge.

1.05 Testing
A. Testing shall occur during the installation of pavement. The number and frequency of tests shall be as determined by the Inspector.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 12 16: Asphalt Concrete Paving

PART 2 - PRODUCTS

2.01 Aggregate Base
A. Conform to Caltrans Standard Specification, Section 26 paragraph 1.02B, Class 2.

2.02 Asphalt Concrete
A. Conform to Caltrans Standard Specification, Section 39 and the City of Roseville Design and Construction Standards, latest edition.

2.03 Soil Sterilant
A. Sterilizer shall be standard, quick-acting, short-lived and non-selective weed and grass killer, commonly used under roadway/transportation projects.

Application of the sterilant shall pose no short or long term health threats to the installer or the general public. Submit analysis for approval prior to applying.

2.04 Striping
A. Traffic marker paint, in accordance with Caltrans Standard Specifications, Section 83-3.02.

B. Thermoplastic marking tape in accordance with Caltrans Standard Specifications, Section 84-2.02. (Required for bike trails)

2.05 Header
A. Per City of Roseville Parks Construction Standards, latest edition.

2.06 Accessible Parking Signs
A. Signs for parking stalls shall conform to the California Manual on Uniform Traffic Control Devices (CMUTCD), the Standard Highway Signs manual with the Caltrans California Sign Specifications.

B. Notification sign: Notification sign shall read: “Unauthorized vehicles parked in designated handicapped spaces not displaying distinguishing placards or license plates issued for physically disabled persons may be towed at owner’s expense. Towed vehicles may be reclaimed at Roseville PD, 1051 Junction Blvd or by telephoning (916) 774-5000. CVC 22511.8”.

C. Sign posts: shall conform to Section 56 Signs in the City of Roseville Design and Construction Standards.

PART 3 - EXECUTION

3.01 Preparation
A. Upon completion of grading operations, compact the subgrade at the required elevation to a relative compaction density of 95%, unless otherwise noted on Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 12 16: Asphalt Concrete Paving

the Plans. A load or performance test shall be conducted in the presence of the Inspector prior to the placement of AC.

B. Apply soil sterilant per manufacturer’s directions. Limit the work zone of the sterilant application to the area to receive paving plus three feet (3’) on each side.

C. Completely install redwood header as shown in the City of Roseville Parks Construction Standards, latest edition, if shown on the Plans.

D. No material shall be placed in muddy conditions, nor shall any material be placed during or immediately after inclement weather, i.e. rain storms, temperatures below 35 degrees F, etc.

E. In areas where soil conditions are less than optimal, geotechnical tests shall be performed to verify compaction rates. The Inspector shall determine the number of tests necessary in order to verify conditions. Initial tests will be provided by the City. Re-tests shall be the Contractor’s responsibility.

3.02 Installation
A. Spread aggregate base material in six-inch (6”) lifts.

B. Compact base surface to a relative compaction of 95% and in accordance to the Caltrans Standard Specifications, Section 26.

C. Spread asphalt concrete material in accordance to the Caltrans Standard Specifications, Section 39.

D. Upon completion, apply water to the finished surface and allow water to runoff. All areas of ponding, puddling or birdbaths shall be filled with asphalt and fine aggregate. Conform fill surface with adjacent surface to the point edges are not visible.

E. Take every precaution to protect adjacent amenities or structures from material spillage or damage. In case of spillage or damage, the Contractor shall immediately repair or replace the damaged area to the satisfaction of the City.

F. Clean and oil all manhole covers, grates and other surface structures within the pavement area.

G. All new asphalt concrete paving shall receive a fog seal at a rate of 1/12 to 1/10 gallon of undiluted emulsion per square yard. All work shall conform to Caltrans Standard Specifications, Section 37. Once sealed, parking of vehicles and/or equipment or stockpiling of material on the finished surface is prohibited.

H. Clean all surface structures that lie within the asphalt concrete area.

3.03 Striping
A. Conform to the City of Roseville Design and Construction Standards, latest edition.

Not for Construction
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May 20, 2022
Section 32 12 16: Asphalt Concrete Paving

B. Ensure that all pavement to receive striping is completely cured. Clean all pavement surfaces.

C. Accurately lay out all pavement markings, including, parking stripes, centerline stripes, international disabled parking logo, striping for disabled access ramp, directional arrows, game court lines and other pavement markings as shown on the Plans or as required by code.

D. All pavement lines, striping and lettering shall be four inches (4”) in width, unless otherwise indicated on the Plans.

E. Lines painted with traffic paint shall receive two coats of paint. Allow each coat to dry completely prior to applying the second coat.

F. Apply all pavement markings on clean, dry surfaces, during weather conditions where temperatures are higher than 35 degrees F, no rain is occurring or predicted within the next twenty-four (24) hours, and the humidity is less than

80. G. Remove all excess adhesives and tracking onto unmarked areas.

H. All pavement striping applications shall conform to Caltrans Standard Specifications, Sections 84 and 85.

3.04 Accessible Parking Signs (For parking lots only)
A. Verify that the language on the signs meets with current laws and regulations prior to installation. Immediately notify project manager of discrepancies.

B. For signs at parking stalls: install one per space designated for disabled parking.

Locate sign as shown on the Plans. Verify location in the field prior to installation. Sign bottom shall be set at seven feet (7’) above finished grade.

C. For notification signs: install one per driveway entrance. Verify location in the field prior to installation. Sign bottom shall be set at two feet (2’) above finished grade unless otherwise directed.

D. Sign post installation shall conform to TS-17A of the City of Roseville Development Services Design and Construction Standards.

3.05 Protection and Cleaning
A. Do not allow equipment or vehicles to park on new asphalt surfaces upon completion of fog seal operations. At his discretion, the Contractor may allow the parking of equipment and vehicles on the asphalt concrete AFTER the asphalt concrete material has been laid, passing applicable compaction tests and PRIOR TO applications of fog seal and striping.

END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 15 40: Decomposed Granite Paving

SECTION 32 15 40

DECOMPOSED GRANITE PAVING
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.

C. The standards set forth in the City of Roseville Design and Construction Standards and the City of Roseville Parks Construction Standards, latest editions, shall be in addition to the standards provided herein.

1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of decomposed granite paving, including redwood headers as shown in the Plans and as specified herein.

1.03 References
A. Caltrans Standard Specifications, latest edition.

1.04 Submittals
A. Submittals for specified items are not required; however, submittals are required for any proposed substitutions or deviations from the Plans or Specifications. Additionally, submittals are required for the specific items listed below. The Contractor shall submit a materials summary sheet indicating which items will be installed as specified and which items are proposed for substitutions. The Contractor shall submit proof of order within ten (10) working days of the Notice to Proceed, indicating all specified materials have been ordered, noting “as specified” or “substitution proposed”. Submittals are required on the following items:

1. Decomposed granite material and binding material: provide a sample “brick” for review and approval.

PART 2 - PRODUCTS

2.01 Crushed Quarry Rock
A. Crushed rock, graded between #4 and #200. Rock shall be high quality and well-graded.

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Section 32 15 40: Decomposed Granite Paving

B. Hastie’s Capitol Sand and Gravel, Roseville, CA (916) 989-4600 or accepted equal.

2.02 Binding Material
A. PolyPavement, Los Angeles, CA (323) 954-2240 or accepted equal.

PART 3 - EXECUTION

3.01 Preparation
A. Upon completion of grading operations, compact the subgrade at the required elevation to a relative compaction density of 95%, unless otherwise noted on the Plans.

B. Completely install redwood header as shown in the City of Roseville Parks Construction Standards.

C. No material shall be placed in muddy conditions, nor shall any material be placed during or immediately after inclement weather, i.e. rain storms, etc.

D. Submit samples of crushed rock to a PolyPavement Certified Lab to prepare a laboratory “brick” to confirm that the quarry material has sufficient fines for good binding.

3.02 Installation
A. Provide a 10’ by specified width test sample, to be approved prior to installation.

This sample shall be the basis of overall approval.

B. Thoroughly combine binder per manufacturer recommendations.

C. Spread crushed granite fine/binder material in two (2) one and one half inch (1- 1/2”) lifts (thickness after compaction).

D. Wet and roll each lift to form a uniform, smooth surface with a cross slope of 2%. Compact each lift to a 95% relative compaction density.

E. Upon completion of the final lift, fill any depressions, holes or divots and re- roll using the above process.

F. Provide a Certificate of Compliance verifying that the binder/stabilizer has been mixed per manufacturer’s recommendations.

3.03 Clean Up and Protection
A. Thoroughly clean all areas where work has occurred. Remove from site excess material, debris and rubbish.

B. Take all precautions to protect completed work. Immediately repair or replace all damaged areas due to tire ruts, erosion, compaction failure, etc.

END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 15 40: Decomposed Granite Paving

SECTION 32 18 23

PICKLE BALL COURT SURFACING
PART 1 - GENERAL

1.01 GENERAL DESCRIPTION
A. Textured acrylic surfacing for asphalt pickle ball courts.

1.02 RELATED SECTIONS
A. Related Work

1. 32 12 16 Asphalt Concrete Paving

2. 09 91 00 Painting and Finishes

3. 12 93 00 Site Furnishings
B. References

1. National Asphalt Paving Association (NAPA)

2. United States Tennis Association (USTA)

3. International Tennis Federation (ITF)

4. American Sport Builders Association (ASBA)

1.03 QUALITY ASSURANCE
A. Surfacing shall conform to the guidelines of the ASBA for planarity.

B. All surface coatings products shall be supplied by a single manufacturer.

C. The contractor shall record the batch number of each product used on the site and maintain it through the warranty period.

D. The contractor shall provide the inspector, upon request, an estimate of the volume of each product to be used on the site.

E. The installer shall be an authorized applicator of the specified system.

F. The manufacturer’s representative shall be available to help resolve material questions.

1.04 SUBMITTALS
A. Manufacturer specifications for components, color chart and installation instructions.

B. Authorized Applicator certificate from the surface system manufacturer.

C. ITF classification certificate for the system to be installed.

D. Reference list from the installer of at least 5 projects of similar scope done in each of the past 3 years.

E. Current Material Safety Data Sheets (MSDS).

F. Product substitution: If other than the product specified, the contractor shall Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 15 40: Decomposed Granite Paving

submit at least 7 days prior to the bid date a complete type written list of proposed substitutions with sufficient data, drawings, samples and literature to demonstrate to the owners satisfaction that the proposed substitution is of equal quality and utility to that originally specified. Information must include a QUV test of at least 1000 hours illustrating the UV stability of the system.

The color system shall have an ITF pace rating in Category 3. Under no circumstances will systems from multiple manufacturers be considered.

1.05 MATERIAL HANDLING AND STORAGE
A. Store materials in accordance with manufacturer specifications and SDS.

B. Deliver product to the site in original unopened containers with proper labels attached.

C. All surfacing materials shall be non-flammable.

1.06 GUARANTEE
A. Provide a guarantee against defects in the materials and workmanship for a period of one year from the date of substantial completion.

1.7 INSTALLER QUALIFICATIONS
A. Installer shall be regularly engaged in construction and surfacing of acrylic tennis courts, play courts or similar surfaces.

B. Installer shall be an Authorized Applicator of the specified surface system.

C. Installer shall be a builder member of the ASBA.

1.8 MANUFACTURER QUALIFICATIONS
A. System manufacturer shall provide documentation that the surface to be installed has been classified by the ITF as a medium pace surface.

B. System manufacturer shall be a US owned company.

C. System manufacturer shall be a member of the ASBA.

PART 2 - PRODUCTS

2.1 MANUFACTURERS
A. California Sports Surfaces, a division of the ICP Group, Andover, MA. 01810 / Plexipave System www.plexipave.com
B. Substitutions: Submit requests at least 7 days prior to the bid date with a complete type written list of proposed substitutions with sufficient data, drawings, samples and literature to demonstrate to the owners satisfaction that the proposed substitution is of equal quality and utility to the specified product. Information must Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 15 40: Decomposed Granite Paving

include a QUV test of at least 1000 hours illustrating the UV stability of the system.

The system shall have an ITF pace rating.

2.2 MATERIALS
A. Patching Mix (California Court Patch Binder) - for use in patching cracks, holes, depressions and other surface imperfections.

B. Crack Filler (California Crack Filler) - for use in filling fine cracks.

C. Acrylic Filler Course (California Acrylic Resurfacer) – for use as a filler for new or existing asphalt surfaces. The acrylic filler shall be blended with approved silica sand at the job site.

D. Acrylic Color Playing Surface (Plexichrome Ultra Performance/Plexipave Color Base) – for use as the finish color and texture. Plexichrome and Plexipave Color Base are blended at the job site to achieve the correct surface texture. *Factory Fortified Plexipave may be used as an alternative material.

E. Line Paint (California Line Paint) – for use as the line marking on the court/play surface.

F. Water – for use in dilution/mixing shall be clean and potable.

2.3 MATERIAL SPECIFICATIONS
A. Court Patch Binder – acrylic resin blended with Portland Cement and silica sand.

B. Plexipave Crack Filler – acrylic resin heavily filled with sand.

C. California Acrylic Resurfacer – acrylic resin (no vinyl copolymerization constituent). The product shall contain not less than 3.5% attapulgite.

D. Plexichrome Ultra Performance –acrylic resin (no vinyl copolymerization constituent) with selected light fast pigments.

E. Plexipave Color Base – acrylic resin containing no vinyl copolymerization constituent. Contains not more than 63% rounded silica sand.

F. California Line Paint – 100% acrylic resin containing no alkyds or vinyl constituents. Texturing shall be rounded silica sand.

All surfacing materials shall be non-flammable and have a VOC content of not less than 100g/L. Measured by EPA method 24.

Local sands are not acceptable in the color playing surface. Sands must be incorporated at the manufacturing location to ensure quality and stability.

Not for Construction
For Council Approval
Not for Construction
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Gibson Park
May 20, 2022
Section 32 32 19: Modular Concrete Retaining Walls

PART 3 EXECUTION

3.1 WEATHER LIMITATIONS
A. Do not install when rainfall in imminent or extremely high humidity prevents drying.

B. Do not apply unless surface and air temperature are 50°F and rising.

C. Do not apply if surface temperature is in excess of 140°F.

3.2 PREPARATION FOR ACRYLIC COLOR PLAYING SYSTEM
A. Clean surfaces of loose dirt, oil, grease, leaves, and other debris in strict accordance with manufacturer’s directions. Pressure washing will be necessary to adequately clean areas to be coated. Any areas previously showing algae growth shall be treated with Clorox or approved product to kill the organisms and then be properly rinsed.

B. Holes and cracks: Cracks and holes shall be cleaned and a suitable soil sterilant, as approved by the owner, shall be applied to kill all vegetation 14 days prior to use of Court Patch Binder according to manufacturer's specifications.

C. Depression: Depressions holding enough water to cover a US five-cent piece shall be filled with Court Patch Binder Patching Mix. 3 gallons of Court Patch Binder, 100 lbs. 60-80 silica sand, 1-gallon Dry Portland Cement (Type I). This step shall be accomplished prior to the squeegee application of Acrylic Resurfacer. The contractor shall flood all the courts and then allow draining. Define and mark all areas holding enough water to cover a nickel. After defined areas are dry, prime with tack coat mixture of 2 parts water/l part Court Patch Binder. Allow tack coat to dry completely.

Spread Court Patch Binder mix true to grade using a straight edge (never a squeegee) for strike off. Steel trowel or wood float the patch so that the texture matches the surrounding area. Never add water to mix. Light misting on surface and edges to feather in is allowed as needed to maintain work ability. Allow to dry thoroughly and cure.

NO WORK FROM THIS STAGE ON SHALL COMMENCE UNTIL AN INSPECTOR HAS ACCEPTED THE SURFACE.

D. Filler Course. (Acrylic Resurfacer): Filler course shall be applied to the clean underlying surface in one application to obtain a total quantity of not less than .06 gallon per square yard based on the material prior to any dilution. Acrylic Resurfacer may be used to pre-coat depression and crack/hole repairs to achieve better planarity prior to filler course application.

1. Over a properly repaired surface of asphalt on existing courts, apply one coat of Acrylic
Resurfacer according to the following mix:

Acrylic Resurfacer 55 gallons
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Gibson Park
May 20, 2022
Section 32 32 19: Modular Concrete Retaining Walls

Water 20 - 40 gallons
Sand 600-800 pounds / 60-80 mesh
Liquid Yield 112-138 gallons
On new asphalt, two coats of Acrylic Resurfacer shall be used to properly fill all voids in the asphalt surface. Use clean, dry 50-60 mesh sand and clean, potable water to make mixes. The quantity of sand and water in the above mix may be adjusted within above limits to complement the roughness and temperature of the surface.

2. Mix the ingredients thoroughly using accepted mixing devices and use a 70 Durometer rubber bladed squeegee to apply each coat of Acrylic Resurfacer as required.

3. Allow the application of Acrylic Resurfacer to dry thoroughly. Scrape off all ridges and rough spots prior to any subsequent application of Acrylic Resurfacer or subsequent cushion or color surface system.

3.3 APPLICATION OF ACRYLIC COLOR PLAYING SURFACE
A. All areas to be color coated shall be clean, free from sand, clay, grease, dust, salt or other foreign matters. The Contractor shall obtain the Engineer's approval, prior to applying any surface treatment.

B. Blend color base and Plexichrome Ultra Performance with a mechanical mixer to achieve a uniform Fortified Plexipave mixture. The mix shall be:

Color Base 30 gallons
Plexichrome 20 gallons
Water 20 gallons
C. Application shall be made by 50 durometer rubber faced squeegees. The Fortified Plexipave mixture should be poured on to the court surface and spread to a uniform thickness in a regular pattern.

D. A total of 3 applications of Fortified Plexipave shall be made to achieve a total application rate of not less than .15 gal./sy. No application should be made until the previous application is thoroughly dry.

3.4 LINE PAINTING
A. Line shall be 2” wide unless otherwise noted on the drawings. Lines hall be carefully laid out in accordance with ASBA and USTA guidelines. The area to be marked shall be taped to insure a crisp line. The California Line Paint shall have a texture similar to the surrounding play surface. Application shall be made by brush or roller at the rate of 150- 200 sg./gal. (3/4 gal. per tennis court).

3.5 PROTECTION
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Section 32 32 19: Modular Concrete Retaining Walls

A. Erect temporary barriers to protect coatings during drying and curing.

B. Lock gates to prevent use until acceptance by the owner’s representative.

3.6 CLEAN UP
A. Remove all containers, surplus materials and debris. Dispose of materials in accordance with local, state and Federal regulations.

B. Leave site in a clean and orderly condition.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 32 19: Modular Concrete Retaining Walls

SECTION 32 31 13

CHAIN LINK FENCING
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Special Conditions shall be in addition to the standards provided herein.

1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of the chain link fence system, including gates as shown on the Plans and as specified herein.

1.03 References
A. Caltrans Standard Specifications, latest edition.

PART 2 - PRODUCTS

2.01 General
A. Wire used in the fabric shall be galvanized and shall have a tensile strength of 80,000 lbs. Per square inch based on cross sectional areas of the wire. One sample shall be tested without removing bends caused by weaving of the wire with the mesh. A second test shall be conducted on a wire strand carefully straightened. The tensile strength is finally determined as the average reading between the two tests. Wire to match fabric selection.

B. Fabric shall be 1-3/4” 9-gauge nominal wire mesh, black vinyl coated after weaving as shown on the plans. Conform to ASTM A392, with tensile strength as described in 2.01A above. Fabric shall be knuckled top and bottom with single width to full height of fence.

C. Ties/Fasteners shall be black powder coated wire.

D. Fittings, clips, bolts, bands, bars, post tops/covers and other hardware necessary for a complete fence system shall be black powder coated.

E. Where fencing is shown on the Plans to be black vinyl or powder coated, all appurtenances, including fabric, posts, rails, clips, bands, fittings, etc., necessary for a complete fence system shall be black vinyl or powder coated.

Vinyl or powder coating shall be the industry standard for this type of finish.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 32 19: Modular Concrete Retaining Walls

2.02 Posts and Rails
A. Posts and rails shall be black powder coated, to match fabric and as shown on the Plans. All posts shall be installed with moisture-proofed caps on the top.

B. Size and lengths of posts shall be as shown in the City of Roseville Design and Construction Standards PK-40, latest edition.

2.03 Gates
A. Fabric and finish to match fence.

B. Hinges and latches shall be industrial strength, heavy duty and shall fit snugly around post. Latches shall be lockable.

C. Size and lengths of posts shall be as shown in the City of Roseville Design and Construction Standards PK-40, latest edition.

PART 3 - EXECUTION

3.01 Post Installation
A. Posts are to be spaced evenly as shown on the City Standard and set plumb and true to lines with the top line uniform as shown in the City of Roseville Design and Construction Standards PK-40, latest edition.

B. All posts shall be set in concrete as shown in the City of Roseville Design and Construction Standards PK-40, latest edition.

C. Where nicks on vinyl or powder coated finished occurs due to installation, the Contractor shall re-finish and patch damaged areas immediately.

3.02 Fabric
A. Attach fabric using fabric bands or clips spaced approximately 14” apart.

Connections to top rails and tension wires shall utilize wire ties placed 24” on center.

B. For corner and vertical end connections, install stretcher bars banded to posts and gate frames at 24” apart (maximum).

C. All fabric to be stretched tight, free from sags and bulges.

3.03 Rails
A. For splices along the top rail, provide couplings every 20’. The coupling shall produce a continuous brace from end to end of each stretch of fence. Install a heavy spring at every fifth coupling to allow for expansion or contraction.

B. Utilize the appropriate fittings to ensure that all rails are rigidly clamped to end and corner posts.

C. Clamp mid and bottom rails at each post.

Not for Construction
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Gibson Park
May 20, 2022
Section 32 32 19: Modular Concrete Retaining Walls

3.04 Gates
A. Gates shall be installed consistent with the City Standard detail. Verify grade conditions along the fence bottom to ensure proper use of the gate(s).

B. Gate openings shall be face-to-face dimensions and shall swing according to the Plans.

3.05 Cleaning
A. Thoroughly clean all areas where work has occurred. Remove from the site excess material, debris and rubbish.

B. Take all precautions to protect completed work. Immediately repair or replace all damaged areas due to tire ruts, erosion, compaction failure, etc. Keep all erosion control measures intact.

END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 84 00: Irrigation System

SECTION 32 84 00

IRRIGATION SYSTEM
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.

1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of an automated irrigation system, including all necessary appurtenances for proper operation, noted or implied, as shown on the Plans and as specified herein.

B. Water usage, meter costs, connection fees, testing and other associated utility costs are considered direct costs and is the responsibility of the Contractor until the project is accepted.

C. Installation of the water meter shall be by the City.

1.03 Related Work
A. Section 32 90 00: Planting
B. Section 26 00 00: Site Electrical

1.04 Quality Assurance
A. All work shall comply with local and state laws, codes, regulations and requirements which govern any portion or all of the work contained in this Section. These include, but are not limited to, the latest editions of:

1. City of Roseville Park Construction Standards,

2. City of Roseville Design and Construction Standards,

3. City of Roseville Electric Department Standard Specifications,

4. Local, state and federal electrical codes, manuals and guidelines, and

5. Local, state and federal plumbing codes, manuals and guidelines.

1.05 Submittals
A. Submittals for specified items are not required for Parks or Streetscape projects, unless specifically listed below. However, submittals are required for any proposed substitutions or deviations from the parks Plans or Specifications. For Streetscapes, no substitutions will be accepted. The Contractor shall submit a materials summary sheet indicating which items will be installed as specified Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 84 00: Irrigation System

and which items are proposed for substitutions. The Contractor shall submit proof of order within ten (10) working days of the Notice to Proceed, indicating all specified materials have been ordered, noting “as specified” or “substitution proposed”. Submittals are required on the following items:

1. Controller, Flow Sensor(s), and Master Valve(s).

2. Piping

3. Irrigation components and accessories

1.06 Explanation of Drawings
A. The drawings are diagrammatic and do not reflect all offsets, fittings and other miscellaneous items required for a complete and operable irrigation system. It shall be the Contractor’s responsibility to investigate all existing site conditions, become thoroughly familiar with the site, and provide all labor, materials and equipment required for the installation of the irrigation system.

B. Avoid conflicts between other trades and the installation of the irrigation system.

Minor adjustments to avoid such conflicts shall be made in the field. Major discrepancies between actual field conditions and the Plans shall be brought to the attention of the Project Manager. The lack of notification shall indicate that the Contractor assumes full responsibility for any revision deemed necessary to ensure proper installation.

1.07 Product Delivery, Handling and Storage
A. All materials shall be delivered bearing manufacturer’s label with size, type and model number (if applicable) clearly marked.

B. All pipe shall be delivered in a vehicle which allows the material to lie flat without concentrated weight or stress at any point.

C. Unload all materials with care so as to avoid damage. Store materials in a covered area and do not expose PVC pipe to extreme sun or heat. Store pipe lying flat.

D. Do not install any material that has been damaged. Replace all material found to be damaged.

1.08 Record Drawings
A. The Contractor shall keep an accurate record of the as-built conditions of the irrigation system. These records shall be updated daily and kept at the construction site. At any time, the Inspector may examine the conditions of the “as-builts” to ensure compliance of the above.

B. Dimensions shall be recorded from two (2) permanent points of reference.

C. The City may at its discretion withhold progress payments to the Contractor if the as-built records are not updated to the satisfaction of the City.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 84 00: Irrigation System

PART 2 - PRODUCTS

2.01 General
A. All materials specified shall be new, bearing the brand name, type, serial numbers and model number as shown on the Plans and as specified herein, unless otherwise accepted in writing.

2.02 Backfill Material
A. Backfill shall be clean, screened, on-site material, free from organic material, large clods of earth and/or rock larger than one (1) inch in diameter, trash, debris, rubbish, tree trunks, broken concrete or asphalt and other unacceptable material.

B. Material larger than one (1) inch shall be removed from site and legally disposed. All removal shall be the responsibility of the Contractor.

2.03 Meter
A. Meter shall be as shown on the Plans and as required by the City of Roseville Environmental Utilities Department.

2.04 Backflow Prevention Device
A. Backflow Prevention Device shall be as shown on the Plans.

B. Cover shall be insulated, freeze-proof, removable and lockable, manufacturer and model per the City of Roseville Design and Construction Standards or accepted equal.

2.05 Flow Sensor and Master Valve
A. Calsense Controllers:

1. Flow sensor shall be a Calsense Flow Meter (FM-B) featuring a proprietary, non-magnetic sensing mechanism and a six-bladed design. Flow sensor shall be accurate to +/- 1% of full scale. Flow sensor body shall be constructed of bronze. Applications with high and low flows requiring a bypass manifold flow meter shall instead utilize Flomec QS200 Ultrasonic Flow Sensor.

2. Master valve(s) shall be Superior, 3300 series, normally open, electric globe valve, constructed of brass with dirty water protection and No Minimum Flow feature.

3. Flow meters to be constructed consistent with the Calsense specifications.

4. Valve boxes for master valve and flow sensor shall be 18” (jumbo) green rectangular rigid plastic valve boxes with lockable lids and extensions by Carson Industries, LLC or accepted equal. Valve box lid shall be colored green in turf areas, tan in natural planter areas, and purple for recycled water applications.

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Section 32 84 00: Irrigation System

2.06 Pipe
A. PVC Pressurized Mainline

1. For lines three inch (3”) or larger: polyvinyl chloride (PVC) 1120-1220, SDR 21, Class 200 rubber gasketed pipe, and NSF accepted per Standard No. 14, Type I, Grade I. Conform to:

Material ASTM
Pipe D1784, D2241
Rubber Gasket F477

2. For lines two and one half inches (2-1/2”) or smaller: Schedule 40 polyvinyl chloride (PVC) 1120-1220, and NSF accepted per Standard No. 14, Type I, Grade I. Conform to:

Material ASTM
Pipe D1784, D1785
B. PVC Non-Pressurized Lateral Lines

1. Schedule 40 polyvinyl chloride (PVC) 1120-1220, SDR 21.0, NSF accepted per Standard No. 14, Type 1, Grade II.

2.07 Fittings and Nipples
A. Fittings for Mainline Pipe:

1. For all control valves on mainlines three inches (3”) and larger, use painted, ductile iron saddle taps with double stainless steel straps and nuts Model #202 by Romac Industries, Inc. or accepted equal.

2. For all other connections on mainlines three inches (3”) and larger mainline pipe, use glued schedule 80 fittings.

3. For all connections on mainlines two and one half inches (2-1/2”) or smaller, use glued schedule 40 fittings.

B. Fittings for Solvent Weld Pipe:

1. Schedule 40 for 2 ½” pipes or smaller and Schedule 80 for 3” pipe and larger polyvinyl chloride (PVC), standard weight, conforming to ASTM D2466-73.

Use Schedule 80 for all recycled water systems.

2. Weld-on #P-70 primer and Weld-on #711 gray glue or accepted equal.

3. Teflon tape for all threaded PVC fittings.

C. Plastic Nipples shall be Schedule 80, Type 1, Grade 1, polyvinyl chloride (PVC), threaded at both ends, and conforming to ASTM D1784 -85. Nipples shall be uniformly gray.

2.08 Swing Joints
A. Swings joints shall be as shown in the City Parks Construction Standard detail.

Schedule 40 threaded PVC triple swing joints or an accepted equal.

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Section 32 84 00: Irrigation System

2.09 Electric Remote Control Valve
A. Sizes as shown on the Plans. All valves shall be Rainbird PEB series or accepted equal and shall contain the following:

1. a globe-type electric remote control, normally closed diaphragm type with slow opening and closing action,

2. encapsulated solenoid type actuation,

3. a minimum rating of twenty-four (24) volts,

4. sixty (60) cycle,

5. two to five (2-5) watts,

6. a manual flow adjustment with shut-off provisions,

7. provisions for an external “bleed” of the diaphragm chamber for manual operation.

8. a ball valve on the inlet.

9. Schedule 80 PVC threaded fittings from saddle tap to POC to valve.

B. Valve boxes shall be rectangular, rigid plastic valve boxes with lockable lids and extensions by Carson Industries, LLC or accepted equal. Valve box shall be sized appropriately to house entire valve assembly with space to accommodate maintenance access.

1. Boxes shall be colored green in potable applications, and purple for recycled water applications.

2. Label lids using heat branded identification, T:Turf, S:Shrubs, B:Bubblers C. Controller station identification number shall be standard yellow tags with permanent numbers by Christy or accepted equal.

2.10 Root Watering System
A. Provide pre-manufactured root watering system.

1. Pressure compensating bubbler. See irrigation sheets for flow rates.

2. Check valve where applicable to prevent low head drainage.

3. Swing joint assembly

4. Locking grate top on semi-rigid mesh tube

5. Filter fabric sleeve

2.11 Irrigation Heads
A. All irrigation heads shall conform to type, size, precipitation rate, gallons per minute discharge, pressure and throw radius as shown on the Plans, unless otherwise accepted in writing.

B. In all available models, all irrigation heads shall have stainless steel risers, unless otherwise approved in writing.

C. Irrigation heads shall have built-in pressure regulation for pop up sprays and/or water-efficient heads.

D. Include built-in check valve where applicable to prevent low head drainage.

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May 20, 2022
Section 32 84 00: Irrigation System

2.12 Drip Irrigation
A. Sub-surface dripline.

1. Flexible polyethylene tubing shall have factory-installed pressurecompensating, inline emitters spaced evenly per listed spacing.

2. Emitter shall incorporate elemental or ionic copper root intrusion prevention technology, and shall be warranted by the manufacturer to be free of emitter plugging due to root intrusion for a period of fifteen (15) years minimum.

3. Emitter shall have a built-in check valve that will hold back, at minimum, an

8.5' column of water.

B. All fittings shall be constructed of injection molded, brown plastic having a nominal outside dimension of 17mm (0.56”). Female and male threaded ends shall be capable of mating to standard PVC pipe with tapered threads.

C. Line flushing valve

1. Valve shall be schedule 40 PVC ball valve with brass hose thread adapter.

2. Valve box shall be rigid plastic, with lockable cover by Carson Industries, LLC or accepted equal. Boxes shall be colored green in potable applications, and purple for recycled water applications.

3. Drip system operation indicator shall be Rainbird 1812 Pop-up spray body with 4-VAN nozzle set to 0-degree pattern, with Rainbird SA-125050 swing assembly and XFF-TFA barbed bt ½” FIPT fitting, or accepted equal.

D. Pressure Regulating Filters shall be Rainbird PRB Pressure Regulating Basket Filter, or approved equal, and shall include: Basket style body and jar-top cap constructed of heavy-duty glass-filled, UV-resistant polypropylene, with 150 PSI (10,3 bar) operating pressure rating. Standard 200 mesh (75 micron) filter screen constructed of stainless steel attached to propylene frame. Normallyopen in-line pressure regulating device, constructed of durable, UV resistant non-corrosive material able to accommodate an inlet pressure rating of not less than 150 PSI (10,3 bar), with preset outlet pressure of approximately 40 PSI (2,8 bar).

2.13 Thrust Blocks
A. All thrust blocks shall be concrete. The size of the blocks shall be determined by the average safe soil-bearing load of 700 lbs. per square foot.

B. Polyethylene sheeting at thrust blocks shall be 6mil.

2.14 Quick Coupler Valves
A. For potable water, quick coupling valves shall be Rainbird #44LRC or accepted equal. All quick coupling valves shall be:

1. brass or bronze with one (1) IPS female pipe connection,

2. two piece body with a removable upper portion (for replacement), and

3. durable yellow covers for potable and purple for recycled.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 84 00: Irrigation System

B. Valve keys shall be brass or bronze and shall be of the same manufacturer and size as the valve.

C. Valve box shall be rigid plastic, a minimum of ten inches (10”) in diameter with lockable cover by Carson Industries, LLC or accepted equal. Boxes shall be colored green in potable applications, and purple for recycled water applications.

2.15 Manual Valves
A. For pipe four inches (4”) and larger gate valves shall be:

1. located where shown on the Plans,

2. flanged with Class 125 cast iron body,

3. bronze trimmed with a non-rising stem,

4. square operating nut,

5. able to withstand a cold water pressure of 150 pounds per square inch, and

6. sized to match the pipeline which the valves serve, unless otherwise shown on the Plans.

B. For pipe three inches (3”) or smaller and on pipes which feed directly into a remote control valve, ball valves shall be installed and shall:

1. allow for manual operations,

2. rapid on/off , drip-tight shut-off control,

3. be constructed of bronze or brass with heavy-duty handle,

4. operate up to 22 gallons per minute,

5. operate between 15 and 150 pounds per square inch, and

6. be sized to match the pipeline which the valves serve, unless otherwise shown on the Plans.

C. Valve box shall be rigid plastic, a minimum of ten inches (10”) in diameter with extensions and lockable cover by Carson Industries, LLC, as shown on the Plans or accepted equal. Boxes shall be colored green in potable applications, and purple for recycled water applications.

2.16 Automatic Irrigation Controller
A. Automatic controllers shall be Calsense CS3000 or accepted equal. Each controller shall include:

1. CS3-LR – Calsense Local Radio,

2. FM-B – Flow Meter (Brass),

3. CS3-SS1 or CS3-SS1-D – Stainless Steel Enclosure with:
a) CS3000 Transient Protection
b) TP-110 – AC Line Protection,
c) LR-STUBBY – Antennae w/2ft cable
d) On/Off Switch
e) GFI electrical outlet inside enclosure.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 84 00: Irrigation System

When multiple controllers are used, include:

4. CS3-FL – Flowsense software (for multiple controllers sharing POC and/or communications)

5. CS3-MSSE-KIT or CS3-SR-KIT – Hardwire or SR radio,
When multiple flow sensors are used, include:

6. CS3-2WIRE-OPT & CS-2W-POC (one per POC) – Additional Flow Meter interface.

B. Communication wire between controllers shall be Paige Cable P7171D or accepted equal.

2.17 Control Wires
A. Direct burial solid copper wire AWG-U.F. 600 volt.

B. Common wire and two spare wires shall be minimum #12-gauge.

C. Pilot wires shall be red, minimum #14-gauge. Wire gauge shall be, at minimum:

Wire Gauge #14 #12 #10 #8
Max. Distance (ft.) 2,500 3,250 4,000 4,800
D. Splices:

1. Wire connections at remote control valves only shall utilize 3M direct bury splice kit model #DBY (yellow) or model #DBR (red).

2. All other splices, including line splices, connections to flow meters and other sensors, shall utilize 3M Scotchcast 3570G Connector Sealing Packs, no known equal.

E. Wiring colors shall be:

USE COLOR
Flow Yellow
Master Blue
Pump Black
Valves Red
Common White
Spare Orange
Tracer Green

2.18 Sleeves
A. Schedule 40 PVC 1120-1220 and two times the diameter of the pipe to be accommodated by the sleeve, one (1) for control wires and one (1) for main line, and one (1) for lateral lines.

B. Maximum one (1) line per sleeve.

C. Add one (1) spare, same size as largest.

2.19 Tracer Wire
A. Insulated solid copper wire, minimum #12 gauge. Color shall be green.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 84 00: Irrigation System

PART 3 - EXECUTION

3.01 Site Conditions
A. Prior to start of irrigation work, review the site conditions to verify that stub- outs, points of connections, sizes of the points of connections, water pressure and other essential items necessary for irrigation work to commence are as shown on the Plans and as indicated in the Specifications.

B. Notify the Inspector immediately of any existing conditions which are unacceptable for the commencement of irrigation work.

3.02 Coordination of Work
A. Coordinate all work with other trades.

B. The irrigation plan is diagrammatic. Whenever possible, locate all pipes in planted or turf areas. Do not scale off of the Plans. Where field conditions have changed, notify the Inspector immediately.

3.03 Excavation and Trenching
A. Trenches shall be dug straight and in such a manner as to completely support the pipe continuously along the bottom of the trench. In rocky conditions, overexcavation and placement of clean bedding material may be required to ensure protruding rocks do not place undue stress on pipes. Trench layout shall follow that shown on the Plans, except where accepted by the City.

B. The following minimum cover shall be provided for pipe:

Pipe Type Minimum Cover
Pressurized Mainlines 24”
Non- Pressurized Lateral Lines 18”
Domestic Water Lines 24”
Control wires 24”
PVC Sleeves under Paving 18”
PVC Sleeves under Auto X-ings 24”
C. Install detection wire, looped in and out of valve boxes and attached to all irrigation mainlines.

D. High voltage wires shall not be installed in the same irrigation water line trench.

3.04 Testing and Flushing
A. Pressure Testing shall occur only when the following conditions can be fulfilled:

Item Description Condition
Quick coupler valves Installed and capped
Electric remote control valves Installed
Flow valve Installed and open
Ball/Gate valves Installed and open
Lateral lines Disconnected
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Section 32 84 00: Irrigation System

Welded PVC joints Cured at least 24 hours
Pipe Center loaded with backfill
Concrete Thrust Blocks Installed and cured at least 48 hours Couplings and fittings Exposed
Detection wire Installed
B. A pressure gauge shall be installed at the lowest point of the line. Continuous pressure shall be applied at a rate of 125 psi for all mainlines. The pressure shall remain stable for a minimum of two hours with no detectable leakage.

Upon completion of the test, a complete examination of the line shall be conducted by the City. Leaks resulting from the test shall be repaired and the line shall be re-tested. This process shall be repeated until the line passes the leakage test.

C. All lines and risers shall be flushed prior to final installation of irrigation heads.

All control valves shall be left open during the flushing process.

3.05 Backfilling and Compacting
A. Backfilling of trenches shall not occur until all tests and reviews have been performed. See inspection record contained in the Parks Construction Standards, latest edition. Any trench that is prematurely backfilled may be required to be re-dug for review.

B. Compaction of the trenched areas shall meet the following compaction rates of 95% in areas to receive paving and 85% in areas to be planted.

C. Do not flood trenches unless otherwise accepted by the City.

D. Sunken trenches shall be re-finished flush with the adjacent grades.

3.06 Backflow Prevention Device and Enclosure
A. Install per local codes and manufacturer’s instructions.

B. When the flow meter is installed above grade, install a backflow prevention device enclosure with lockable gate.

3.07 Flow Meter Installation
A. Install per local codes and manufacturer’s instructions.

B. All flow meters shall be installed in ground.

C. Install 3/4" conduit from irrigation controller to flow meter valve box. Install a pull box every 100’.

D. Valve box lids shall be permanently marked identifying FM for flow meter and MV for master valve and GR for grounding rod with heat branding using stencils in a uniform location on all boxes throughout.

3.08 Pipe Installation
A. Install irrigation pipe in planted areas whenever possible.

B. All pipe and fittings shall be cleaned and free from dirt, dust and moisture.

Not for Construction
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Section 32 84 00: Irrigation System

C. Pipe may be assembled along the trench at grade to avoid undue strain on the pipe or the fittings. All solvent weld connections shall be primed before applying glue. Snake the pipe within the trench to compensate for expansion and contraction.

D. All PVC pipe and metal valve connections shall be made with threaded fittings consistent with drawings PK-15 and PK-16 of the City of Roseville Parks Construction Standards.

E. All PVC-to-PVC threaded connections shall be made with Teflon tape.

F. Install concrete thrust blocks in locations where rubber gasketed irrigation mainlines change directions, e.g. ells, tees; as required on other lines and fittings; and at the termination point of the mainline. Do not conduct a pressure test within 48 hours of the thrust block pours. The size of the thrust blocks shall be per manufacturer’s instructions and shall be adequate in size to absorb thrusts up to the maximum internal water pressure. Refer to 3.18 Thrust Blocks.

G. Use glued fittings for all connections inside of a sleeve and within 20’ of a sleeve.

3.09 Electric Remote Control Valves
A. Install per local codes, manufacturer’s instructions, City of Roseville Design and Construction Standards and as shown on the Plans.

B. Install one (1) electric remote control valve per box and whenever possible, group valve boxes together. Align boxes in a straight and neat row and flush to finish grade. Provide a minimum of six (6) inches between boxes.

C. All valves shall be tagged for easy identification of valve number. Valve box lids shall be permanently marked identifying valve number and controller letter with heat branding using stencils in a uniform location on all boxes throughout.

D. Each valve shall be separately saddle tapped. Manifolded valves shall be rejected.

E. Locate valve boxes outside of turf areas, adjacent to paving, i.e. sidewalks, hardscape, etc. except where shown on the Plans.

F. Provide a minimum of eighteen (18) inches of a complete set of spare control wires, looped, within all control valve boxes.

3.10 Irrigation Heads
A. Install all heads where shown on the Plans and as specified herein.

B. Turf rotary pop-up heads shall be placed two (2) inches from any edge of adjacent walkway, concrete mow band, concrete curb, header board or other hardscape edging, or as required by current WELO regulations.

C. Rotary pop-up heads shall be installed flush with the top of finish grades of turf or planting areas.

D. Sprinkler head riser nipples sizes shall match or be the same as the riser opening of the sprinkler body.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 84 00: Irrigation System

E. Install sprinkler heads with internal check valves where heads are located in low drainage areas, i.e. bottom of berms, bottom of drainage swales, toe of slopes, etc.

F. Install all heads perpendicular to ground surface with an offset from the edge of pavement as indicated in the details.

3.11 Drip Irrigation
A. Drip irrigation is to be installed in a grid pattern layout of equal spacing between rows, unless otherwise noted on approved plans.

B. All drip irrigation shall be installed sub-surface, per manufacturer’s specifications. Staple all tubing to soil at 5 feet on-center spacing prior to backfilling.

C. Drip line shall be installed prior to plant installation, with the exception of 15- gallon and larger plant container sizes, which may be installed first at the discretion of the contractor.

D. Line Flushing Valves are to be installed below grade, as detailed, in a valve box with bolt-down lid to allow for periodic inspection and flushing.

1. Minimum of One (1) Line Flushing Valve shall be installed for every fifteen (15) GPM of zone flow, and at every termination point within a zone, and shall be installed at a point farthest away from the source (typically on an exhaust header) as possible.

E. Pop-up drip system operation indicators shall be placed within eighteen inches (18”) of each Flush Valve and shall not be placed such that it will be obstructed by vegetation. Place minimum twelve (12) inches from adjacent hardscapes.

F. If required, Air/Vacuum Relief Valves shall be installed below grade in valve boxes to allow for periodic inspection.

G. Valve box lids shall be permanently marked identifying LF for Line Flush valve and AR for Air/vacuum Relief with heat branding using stencils in a uniform location on all boxes throughout.

3.12 Quick Coupler and Gate Valves
A. Install per local codes and manufacturer’s instructions.

B. Locate valve boxes flush with finish grade, twelve (12) inches from walkways, curbs, header boards, etc., and within planted area whenever possible.

C. Install one (1) valve per box.

D. For quick coupler valves, install at 100 feet on center to the extent possible.

Provide a 24” steel support staked adjacent to the riser using two (2) stainless steel clamps.

E. For gate valves, install at locations indicated on the Plans.

F. For valve boxes installed below grade, provide 3M ball markers.

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Section 32 84 00: Irrigation System

G. Valve box lids shall be permanently marked identifying GV for gate valve and QC for quick couplers, and SB for splice boxes with heat branding using stencils in a uniform location on all boxes throughout.

3.13 Automatic Controller
A. Install per local codes and manufacturer’s instructions within the specified enclosure.

B. Provide single Paige Cable P-7171D installed in conduit between all controllers.

C. Provide all necessary wiring for a complete installation between the controller and the valves.

D. Above grade wiring shall be installed in metal conduit, unless otherwise accepted. Securely mount conduit onto enclosure or wall and paint to match the adjacent surface.

E. Provide a grounding rod and bonding for each enclosure as required for lightning protection. Grounding rod shall be consistent with drawing PK-1 of the City of Roseville Parks Construction Standards. Install separate grounding rods for each enclosure where bonding is impractical.

F. Label each controller, using permanent markings, with the letter identification indicated on the Plans. Affix label on the inside of the controller cabinet door.

G. Install 110V outlet (GFIC) inside controller enclosure.

H. Provide two (2) reduced as-built irrigation diagrams, laminated and colorcoded indicating controller letter, valve/station numbers, valve size, operating pressure, gallons per minute and type of planting for each valve. See Section 01 10 00: Summary of Work 1.15B.

I. Ground test to be conducted after installation. Test results shall not exceed 25 ohms.

3.14 Control Wires
A. Wherever possible, install control wires in common trenches with mainline. The wires shall be taped in bundles at ten (10) feet on center and laid to the side of the pipe. Provide slack between ties to allow for contraction.

B. Wire valve to controller as shown on the plans.

C. Where runs are long, provide an extra three (3) feet of extra ground and control wires looped at 200’ intervals. Snake wires within trenches to allow for contraction.

D. Line splices shall occur in valve boxes at grade, label and allowed only on lengths greater than 2500’. Show locations on as-built plans.

E. Do not wrap wire around pipe or allow any wiring to be placed in concrete or concrete thrust blocks.

F. Install two (2) spare wires starting from the controller, looped to each valve box to the furthest valve box, without splices.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 84 00: Irrigation System

3.15 Tracer Wire
A. Install tracer wire on top of the mainline.

B. Provide a twelve-inch (12”) loop in and out of each valve box. Solder all splices.

C. Where potable water lines are placed in a separate trench, install a tracer wire on top of the potable water line.

D. Tracer wire shall be tested during review and pressure test of the mainline.

3.16 Sleeves
A. Install sleeves under all pavement and as shown on the Plans.

B. Install sleeves at the depths indicated in Section 3.03B above.

C. Extend sleeves a minimum of twelve (12) inches beyond the edge of pavement.

D. At every sleeve location installed in roadways, provide a spare PVC sleeve capped at each end and marked with a 3M ball marker.

3.17 Thrust Blocks
A. Install polyethylene sheeting between mainline and concrete.

B. Thrust blocks shall be formed against a solid trench wall. The thrust block cavity shall be in undisturbed soil or previously placed compacted backfill that yields an acceptable allowable bearing pressure.

C. Concrete thrust blocks shall not be poured on valve wires.

3.18 Coverage Test
A. Prior to planting, the Contractor shall perform a coverage test to confirm that water coverage is complete and adequate, and produces no overspray onto hardscapes. Irrigation pressure readings at the head or emission device may also be taken as part of the coverage test to confirm adequate system hydraulics.

B. The coverage test shall be performed on the entire irrigation system and shall be performed in the presence of the Parks Inspector. The irrigation system must be connected to the City water system through the water meter.

Temporary connections are not allowed.

C. On Park projects containing turf, a comprehensive survey of the Distribution Uniformity (Low Quarter) of each irrigation zone containing turf shall be performed by a third-party, certified irrigation auditor prior to planting of turf.

The irrigation system must be 100% complete, including functionality of the irrigation controller and booster pump, if present. The irrigation auditor shall prepare and submit a report listing each zone’s Distribution Uniformity, including actual mapping data of individual catch cans recorded on irrigation plan sheets , and noting any potential deficiencies in the system leading to any inadequate findings. Reported deficiencies in Distribution Uniformity will be evaluated by the Project Manager and may require corrective measures prior Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 84 00: Irrigation System

to approval of turf planting. Deficiencies caused by improper installation shall be corrected at no additional cost to City.

3.19 Irrigation Audit
A. A landscape irrigation audit shall be performed after all landscape and irrigation is installed. The irrigation system must be 100% complete, including functionality of the irrigation controller and booster pump, if present.

B. All landscape irrigation audits shall be conducted by a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

C. The water audit shall conform to the specific water audit requirements of the City of Roseville Environmental Utilities Department, and any supplemental requirements from the City of Roseville Parks, Recreation & Libraries Department. The contractor shall submit a comprehensive landscape irrigation audit. This shall include, but is not limited to:

1. A completed Irrigation Audit Report-(City of Roseville provided forms only)

2. Complete system evaluation, including site conditions, system and flow data.

3. Scheduling parameters used to set the irrigation controller.

4. An Irrigation schedule for the landscape provided to the owner.

D. A minimum of 25% of all zones shall be audited. The 25% minimum shall be a representative sample of each irrigation method present (i.e. Rotors, bubblers, rotary nozzles, drip, etc.), and is in addition to any turf zones audited during the coverage test.

E. Any deficiencies noted in the audit report such as, but not limited to, run-off, overspray, obstruction of spray patterns, etc., shall be corrected and signed off as such by the original irrigation auditor prior to submission of the report. Do not submit audit reports with uncorrected deficiencies.

3.20 Clean Up
A. Each phase of work shall be immediately cleaned up. Excess equipment, material, etc., shall be legally disposed of and removed from site. All concrete, asphalt and/or decomposed granite paving shall be kept free of soil. Damage to such surfaces shall be immediately repaired to the satisfaction of the City.

PART 4 - GUARANTEE

4.01 General
A. Contractor shall provide a written guarantee covering all materials, equipment and workmanship furnished by him to be free of all defects after installation is accepted, including all defective parts that may have been found.

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Section 32 84 00: Irrigation System

B. All paved areas shall be swept clean and planted areas shall be weed-free.

C. All irrigation heads shall be properly adjusted. Debris and refuse shall be removed from site prior to inspection.

4.02 Pre-Final (Punch List) Review
A. See Section 01 10 00 1.16 - Summary of Work for notification process.

4.03 Establishment
A. Full automated utilization of the irrigation system shall be included as part of the maintenance of the project. See Section 329000: Planting for additional information.

B. Program and utilize the establishment schedule as submitted with the turn-in items.

C. Contractor to run the system in “quantity” mode or “time plus flow” for a minimum of one (1) week.

D. Check the irrigation system weekly to ensure proper operations. Make all necessary adjustments, including watering schedule to ensure proper and healthy plant growth. At no time shall pools of water be present within any part of the project. Conversely, at no point shall dry or under-watered spots be visible upon inspection. Improper irrigation management resulting in flooding or dry conditions to the detriment of plant material may constitute an extension of the establishment period, at no additional cost to the City.

4.04 Final Review
A. The Contractor shall demonstrate to the City, valve by valve, the entire irrigation system to be operable. All heads shall be adjusted/flushed and all drip zones shall be flushed prior to the on-site review. Any item requiring adjustments shall be completed immediately and to the satisfaction of the City.

B. Provide necessary training to City staff in the proper operations and maintenance of the booster pump.

C. The date of final acceptance by the City Council or the recordation of the property transfer shall signify the start date of the warranty period. Final acceptance shall include the project in total and will not segregate any specific item or trade included in the construction of the project.

END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 90 00: Planting

SECTION 32 90 00

PLANTING
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.

1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of landscape items, including all trees, shrubs, groundcovers and turf; maintenance for the establishment of new plant materials; and all necessary appurtenances for proper planting, noted or implied, as shown on the Plans and as specified herein.

1.03 Related Work
A. Section 31 20 00: Earthwork
B. Section 32 84 00: Irrigation System

1.04 Quality Assurance
A. Provide an experienced foreman who shall directly supervise the work force during all work to be performed under this contract. The foreman shall be present during the time when work is to be performed.

B. Plant material shall conform to current “American Standards for Nursery Stock” and the State of California Grading Code of Nursery Stock, No. 1 grade. Use only nursery-grown stock.

C. All plant material shall be certified free of plant diseases and insect infestations from the County Agricultural Commissioner as required by law. Each shipment of plant material shall be required to have clearance certificates.

D. Prior to planting, a soils fertility test/analysis shall be conducted by an accepted and qualified testing laboratory. Test results shall contain existing nutrient levels, soil texture, cation exchange capacity, soluble salts, pH levels, infiltration rates and recommended soil amendments/fertilizers to ensure proper growth of the specified plantings.

Not for Construction
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Section 32 90 00: Planting

1.05 Submittals
A. Submittals for specified items are not required; however, submittals are required for any proposed substitutions or deviations from the Plans or Specifications. Additionally, submittals are required for the specific items listed below. The Contractor shall submit a materials summary sheet indicating which items will be installed as specified and which items are proposed for substitutions. The Contractor shall submit proof of order within ten (10) working days of the Notice to Proceed, indicating all specified materials have been ordered, noting “as specified” or “substitution proposed”. Submittals are required on the following items:

1. Bark mulch material,

2. Certificates of compliance for turf seed mix, soil amendments, fertilizers and hydroseed mix,

3. Sod-grown turf,

4. Soils test with soil amendment recommendations.

5. Trees
a) Submit for approval, plant sources including the names of nurseries proposed as sources of acceptable trees, and a list of the trees they will provide. The plant list shall include the botanical and common name and the size at the time of selection, including basal caliper and height. b) Submit all requests for substitutions of plant species or size for approval.

Request for substitution shall be accompanied with a list of nurseries contacted in the search for the required plant and a record of other attempts to locate the required material. Requests shall also include sources of plants found that may be of a smaller or larger size, or a different shape or habit than specified, or plants of the same genus and species but different cultivar origin, or which may otherwise not meet the requirements of the specifications, but which may be available for substitution.

1.06 Soil Testing
A. Native soil and in-place topsoil shall be tested for amendment determination.

Soil Tests shall include soil texture, macro nutrients, micro nutrients, lime, base saturation, pH, sodium, boron, salinity, Cation Exchange Capacity (CEC), and Organic content.

B. Submit soils report for review and approval after completion of grading operations. Soil Testing shall be performed by an agriculture-based lab, with detailed, written recommendations for soil amendments and fertilizers specific to ornamental landscape plants and turf.

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Section 32 90 00: Planting

1.07 Product Delivery, Handling and Storage
A. All materials shall be delivered bearing nursery label with botanical, common names, including cultivars.

B. Carefully handle plant material to ensure that limbs are not broken during the planting or storage of the material.

C. Store plant material in a covered area on-site, protected from inclement or hot weather on-site. Keep root balls moist by frequent watering (during hot weather) of all accepted stock until such time as planting occurs.

1.08 Inspection of Plant Material
A. Notify the Project Manager a minimum of 48 hours prior to date of delivery. All plant material is subject to inspection at the time of delivery. A sample number of plants will be inspected for the following items:

If the sample.... then the plant shall be...
is healthy, shapely and well rooted accepted.
bears a strong central leader accepted.
is wilted, wind-blown or sunburned rejected.
is root-bound, restricted or deformed rejected.
does not bear a strong central leader or
has been severely pruned back
rejected.

B. Stock to be consistent with CALFIRE Nursery/Tree Quality Cue card and Root Management Cue Card. Inspector may require contractor to remove tree or plant stock from plant containers to examine roots.

C. 15 gal tree needs to have at least 1” in basal caliper, a 24” box tree needs to have at least 2” in basal caliper, a 36” box tree needs to have at least 3” in basal caliper. Basal caliper is measured as 6” above the ground.

D. Based on the sample inspection, the Project Manager or Inspector reserves the right to reject any or all of the plant material delivered. All rejected plant material shall be immediately disposed of off-site.

1.09 Record Drawings
A. The Contractor shall keep an accurate record of the as-built conditions of the landscaping. These records shall be updated daily and kept at the construction site. At any time, the Inspector may examine the conditions of the “as-builts” to ensure compliance of the above.

PART 2 - PRODUCTS

2.01 Plants
A. The material to be planted shall conform to that indicated on the plans, unless otherwise accepted. The quantity shown on the Plans is approximate and is Not for Construction
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Gibson Park
May 20, 2022
Section 32 90 00: Planting

furnished for convenience only. Verify all quantities prior to ordering plant material.

2.02 Soil Amendment
A. As recommended by soils test report.

2.03 Mulch
A. Regular “Walk-on” fir bark as manufactured by Redi-Gro Corporation, Sacramento, CA (916) 381-6063, Mallard Creek, Inc, Rocklin, CA (916) 645- 1681, My Bark Company, Inc., Linden, CA (209) 649-4250 or accepted equal.

B. Decorative bark, shredded lumber or saw dust, and construction debris are not permitted. The mulch must be free of needles.

2.04 Topsoil
A. Stockpiled, on-site material.

B. Imported topsoil shall be natural, friable, well-draining, free from admixture of subsoil and foreign objects larger than one inch (1”) in diameter, free from toxins or any other harmful substance which may deter healthy plant growth.

C. Perform a soils test for all imported soil. Soil test shall comply with Section 1.06.

Submit soils report for review and approval prior to import activities.

2.05 Pre- and Post- Emergent Herbicide
A. Clean, and non-staining. Consult with a pesticide specialist.

2.06 Tree Stakes and Ties
A. Trees furnished in #15 nursery containers require 2” diameter stakes. Trees less than 8' in height require an 8' stake; trees 8' or greater in height require a 10' stake. Stakes shall be pine or douglas fir (pressure or non-pressure treated).

B. Trees furnished in 24” boxes or larger require 3” diameter by 10’ long stakes.

Stakes shall be, pine or douglas fir (pressure or non-pressure treated).

C. Tree ties should be cut in length out of flat woven polypropylene material, 3/4 inch wide, and 900 lb. break strength. Color to be Green. Product to be ArborTie manufactured by Deep Root Partners, L.P. or approved equal.

D. Tree guying to be flat woven polypropylene material, 3/4 inch wide, and 900 lb. break strength. Color to be Green. Product to be ArborTie manufactured by Deep Root Partners, L.P. or approved equal.

2.07 Native Broadcast Seed
A. Where required, broadcast seed shall be applied as follows:

1. Upland areas
Elymus glaucus (Blue Wildrye) 10.0 lbs/acre
Nassella pulchra (Purple Needlegrass) 9.0 lbs/acre
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Section 32 90 00: Planting

Nassella cernua (Nodding Needlegrass) 6.0 lbs/acre
Melica caljfornica (Californiameljc) 3.0 lbs/acre
Vulpia microstachys (Small Fescue) 3.0 lbs/acre
Poa secunda (Native Pine Bluegrass) 3.0 lbs/acre
Bromus carinaws (California Brome) 2.0 lbs/acre

2. Channel / Wetland Edges (bottom to 3’ above high water level) Elymus trachycaulus (Slender Wheetgrass) 12.0 lbs/acre
Hordeum brachyantherum (Meadow Barley) 10.0 lbs/acre
Leymus triticoides 'Yolo' (Creeping Wildrye) 8.0 lbs/acre Agrostis exarata (Bentgrass) 3.0 lbs/acre
Elymus glaucus (Blue Wildrye) 5.0 lbs/acre

3. Wildflowers (addition to seed mix(es) above, if specified) Clarkia amoena (Farewell to Spring) 0.5 lbs/acre
Eschscholzia caljfornica (California Poppy) 2.0 lbs/acre Lupinus nanus {Sky Lupine) 3.5 lbs/acre
Nemophila menziesii (Baby Blue Eyes) 1.5 lbs/acre
Lasthenia californica (Common Goldfields) 1.5 lbs/acre
B. Areas with sandy, dry soil shall receive: Zorro Annual Fescue 6 lbs/acre, Rose Clover 9 lbs/acre
C. A fertilizer consisting of 15-15-15 shall be applied at a rate of one half pound per 1,000 square feet. Fertilizer shall be Natural-based, slow release, and balanced in N, P, & K.

D. Seed for creek banks shall conform to the latest requirements of the California Department of Fish and Game.

PART 3 - EXECUTION

3.01 Site Preparations
A. Prior to start of landscaping work, review the site conditions to verify that final grades have been established, plant/turf beds are weed free, and the irrigation system is operational as shown on the Plans and as indicated in the Specifications.

B. For landscaping within all street right-of-ways, conduct a soils analysis test of the existing soils and remove all lime-treated soils, aggregate base or other non-organic material to a minimum depth of two feet before planting or irrigation installation. Import topsoil to bring the finish grade to specified grades. Submit the soils analysis test results of the imported material prior to import.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 90 00: Planting

C. Notify the Inspector immediately of any existing conditions which are unacceptable for the commencement of landscaping work.

3.02 Coordination of Work
A. Coordinate all work with other trades.

3.03 Preparation of Planting and Turf Areas
A. Upon completion of grading and underground activity, Contractor shall obtain a soils test as outlined in 1.06.

B. Place stockpiled topsoil in all areas to receive planting or turf to a minimum depth of twelve inches (12”).

C. Rip topsoil surface in two directions to a minimum depth of twelve inches (12”).

D. Spread soil amendments at the rates indicated in the soils report.

E. Rototill amendments to recommended depths. Till amendments to a depth of 6” or as recommended by soils report.

F. Remove all rock and debris which are greater than ½ inch in areas to be turfed and one inch (1”) in areas to be planted.

G. All planted and turf areas to be smooth and uniform in grade as shown on the Plans.

H. Planting areas to be sloped to drain as shown on the Plans.

3.04 Storage of Plants and Trees
A. Protect materials from deterioration during delivery and storage. Adequately protect plants from drying out, exposure of roots to sun, wind or extremes of heat and cold temperatures. If planting is delayed more than 24 hours after delivery, set plants in a location protected from sun and wind. Provide adequate water to the root ball package during the shipping and storage period, including weekends and Holidays.

B. Soil moisture shall be maintained above wilting point and below field capacity for the root ball substrate or soil.

C. All plant materials must be available for observation prior to planting. Any plants determined to damaged or distressed due to improper watering may be rejected by inspector and shall be replaced at no cost to City.

3.05 Plant Installation
A. Tree and Shrub Planting

1. Remove only those plants which will be planted the same day. Place such plants in the proposed locations for review and accepted by the City prior to actual planting. Notify the Inspector a minimum of 48 hours prior to day of planting.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 90 00: Planting

2. Dig planting pits as shown on the Plans and as shown in the Parks Construction Standards. Scarify the sides and bottom of pit to prevent glazing. Fill pit completely with water and allow the water to completely drain from the pit prior to actual planting.

3. Relocate any plantings taller than 6” in height that fall in front of any irrigation head in order to ensure proper coverage of the irrigation system.

4. For pits that retain water, completely penetrate the hardpan layer at the bottom of the pit and backfill with topsoil. Fill pit with water to test and ensure proper drainage.

5. Prior to tree planting a central leader needs to be established by structural pruning, as necessary. Codominant leaders need to be removed or suppressed by structural pruning. Refer to the CALFIRE "Tree Training", "Tree Planting", and "Tree Quality" cue cards and "Tree and Plant Root Management Standard and Quality Expectations" contained in Section 5 of these Standards.

6. Plants shall be removed from their containers only at the time of placement within the plant pit. Perform root pruning on all four sides of the root ball by shaving and cutting away the root ball periphery to reduce the amount of circling roots. Starting from the top and then cutting/slicing down to the bottom of the root ball. On a 15 gal container at least 1-1.5 inches of the root ball periphery needs to be removed by slicing or shaving. On a 24” and 36”box tree at least 2 inches of the root ball periphery needs to be removed by slicing or shaving. A sharp hand pruning saw needs to be used for the slicing or shaving of the root ball. Refer to the CALFIRE "Root Management" cue card contained in Section 5 of these Standards. This process will remove many girdling and circling roots deflected by the container wall and allows for root penetration within the planting basin. Spread all roots to the side to allow proper root development. Add native backfill and amendments as shown in the Parks Construction Standards and as recommended by the soils testing laboratory.

7. Plant tree at least three inches (2”) above grade on mount to prevent bowl effect. The tree’s beginning root flare must be located at top of grade with installed sod.

8. Carefully place plant into the plant pit without damaging the root ball. Water the backfill until saturated. For trees, water in by hand after planting using at least ten (10) gallons of water, minimum.

9. Construct berm and place tree stakes and install mulch per the Parks Construction Standards. Mulch is required for trees within the turf area.

10. Where mowing will occur, provide an eight-foot (8’) minimum horizontal clearance between trees and other site improvements, including shrubs.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 90 00: Planting

11. Tree ties should be installed via a figure eight loop and each tie shall be secured with a nail on the tree stake. Install two (2) Arbor Ties at 2/3 of tree height and two (2) Arbor Ties at ½ of tree height.

12. Tree stakes should be inserted into the ground to a minimum depth of 18".

B. Groundcover Planting

1. Place groundcover plants in neat, straight, and parallel rows, triangularly spaced as shown on the Plans and as indicated herein.

2. Start the first row of planting at a distance equal to the on-center spacing required per plan, minimum, from the edge of the adjacent hardscape, mow band or header board.

3. Groundcover shall be installed to the outside edge of the water basins of trees or shrubs.

3.06 Seeding- Turf and Native
Hydroseeding for natural areas
A. Lightly scarify areas to be hydroseeded.

B. Tank, hose and associated apparatus must be thoroughly clean and free of debris or other material prior to placement/spraying of seed.

C. Hydroseed turf mix shall contain the following:

Material Application Rate
Turf Seed Per Manufacturer’s Recommendations
Wood Cellulose Fiber Mulch 60 lbs. per 1,000 SF
Binder Per Manufacturer’s Recommendation
Fungicide turf only 1/3 lb. per 1,000 SF
Fertilizer Per soils lab recommendation and as
approved by Parks, Recreation & Libraries
Department
Soil Conditioner Per Soil Conditioner soils lab
recommendation and as approved by
Parks, Recreation & Libraries Department
D. Blend mix in a hydraulic mixer until all material is consistently blended.

E. Apply mix at a rate of 125 pounds per 1,000 square feet unless otherwise recommended by the manufacturer.

F. Spray mixture consistently over the area to be hydroseeded. Protect adjacent areas such as paving, walls, play areas and other from overspray.

G. At the end of each day of spraying operations, clean up all areas where overspray has occurred.

H. Once seed is placed, it should not be allowed to dry out.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 90 00: Planting

3.07 Mulch
A. Prior to placing mulch, apply post-emergent herbicide to any weeds present, per label directions.

B. Prior to placing mulch, apply pre-emergent herbicide in all planting areas, per label directions.

C. Apply three inches (3”) of mulch in all landscape planter areas.

D. Keep mulch a minimum of three inches (3”) away from the trunks of all woody shrubs and four inches (4”) away from all trees. Taper mulch profile away from this point to prevent subsequent collection of mulch against trunks.

3.08 Watering
A. Upon completion of each planting or turf area, irrigate appropriately to ensure proper health and growth.

B. Continually adjust the irrigation for plant needs regardless of air temperature.

3.09 Clean-up
A. Upon completion of planting operations, collect and remove from site all empty plant containers, debris, rubbish and other trash.

B. Sweep clean and wash all hardscape areas.

C. Clean up shall occur, at minimum of once a week, at the end of the work week.

D. Maintain the entire site in a clean condition to the satisfaction of the City.

3.10 Pre-Final (Punch List) Review
A. See Section 011000 1.16 of the Summary of Work for notification process.

B. The following conditions must be met in order for planting to be considered towards substantial completion, as required to enter into the establishment period described in Section 011000, 1.16:

1. For trees and shrubs:
a. Trees and shrubs shall be properly installed, and with no visible signs of stress due to soil fertility, moisture, disease or pests.

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

1. Immediately replace all dead plants.

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

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

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

1. All plant replacements shall be completed.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 32 90 00: Planting

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

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

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

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

1. All spray heads have been properly adjusted,

2. Dead plants have been replaced,

3. Planting areas have been weeded,

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

PART 4 - GUARANTEE

4.01 General
A. Contractor shall provide a written guarantee covering all plant materials (trees & shrubs) furnished by him to be free of all defects or disease and that all plants are in a healthy and thriving condition at the completion of the contract.

Deciduous plant material shall be warranted beyond the time of contract completion until such time as growth becomes evident.

B. All plants, except those provided by the City, shall be warrantied for a period of one (1) year, commencing on the date of final acceptance. The warranty shall be as outlined in Section 011000: Summary of Work, paragraph 1.19.

END OF SECTION
Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 33 00 00: Utilities

SECTION 33 00 00

UTILITIES
PART 1 - GENERAL

1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.

B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.

C. The standards set forth in the City of Roseville Design and Construction Standards, latest edition, for storm drainage throughout the project and for sanitary sewer installations within the public rights-of-ways, easements, or as shown on the improvement plans shall be in addition to the standards provided herein.

D. The standards set forth in the latest edition of the California Building Code (CBC) for sanitary sewer installation within the project site, outside of the public right-of-way or easement shall be in addition to the standards provided herein.

1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of the storm drain system and sanitary sewer pipe, and necessary appurtenances as shown on the Plans and as specified herein.

B. Submit a materials listing for review and approval prior to commencement of specified work.

1.03 Related Work
A. Section 31 10 00: Clearing and Grubbing
B. Section 31 20 00: Earthwork

1.04 Safety Requirements
A. Furnish, install and maintain required sheeting, shoring, bracing, and other methods to ensure complete and safe work environment for all workers. Upon completion of work, remove all bracing, shoring, etc. in its entirely, unless otherwise directed by the Inspector.

B. Prior to excavation or trenching, the Contractor shall contact USA Alert (800) C. 227-2600 to locate all known utilities a minimum of 48 hours prior to start of work. During the course of construction, the Contractor shall take every precaution to maintain and protect utilities noted to remain. Said utilities shall remain operational at all times, unless otherwise noted on the plans.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 33 00 00: Utilities

D. The existing utilities are shown on the Plans based on the information available at the time of contract document development. The City shall not assume responsibility for any inaccuracies or incompleteness of the Plans based on such information. The Contractor shall immediately notify, upon damage of any pipeline or facility, the Owner and/or its agents and take every action necessary to repair or replace damaged facilities to the satisfaction of the Inspector, and at no additional cost to the City.

E. Trenches, excavations and repair of pavement shall be consistent with Section 31 20 00: Earthwork.

1.05 Coordination
A. The piping system as shown on the Plans is diagrammatic. The Contractor shall make reasonable adjustments to the layout to avoid conflicts, based on actual field conditions. Said changes shall not interfere with the design intent of the system.

1.06 Tolerance
A. The allowable tolerance for the installation of pipe is 0.05 feet within grades or spot elevations indicated on the Plans.

1.07 Product Storage
A. Take every precaution to protect the materials and pipes from damage during the delivery, storage and installation of the pipe system. Store in a cool, contained area, protected from direct sunlight and per manufacturer’s recommendations. Pipe shall be supported on firm level ground at the site.

1.08 Record Drawings
A. The Contractor shall keep an accurate record of the as-built conditions of the storm drain and sanitary sewer system. These records shall be updated daily and kept at the construction site. At any time, the Inspector may examine the conditions of the “as-builts” to ensure compliance of the above.

PART 2 - PRODUCTS

2.01 General
A. All products shall conform to City of Roseville Design and Construction Standards, latest edition, except as noted below.

2.02 Drain Pipe
A. Solid drainpipe shall be PVC SDR 35 and shall conform to ASTM D1784, or accepted equal. Gasketed connections shall conform to ASTM F477.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 33 00 00: Utilities

B. Perforated drainpipe shall be smooth walled PVC, open per Caltrans Section 68-1.02K, or accepted equal.

2.03 Drain Rock
A. Drain rock shall be Class 2 washed, ¾” diameter.

2.04 Filter Fabric
A. Filter fabric shall be MiraDRAIN 5000, or accepted equal.

2.05 Drains
A. Drain Inlets shall be pre-cast and a minimum size of twenty-four inches (24”) square or round by Jensen Precast, or accepted equal.

1. Grate shall be heavy duty, cast iron, walk-on, and bolt down.

2. Box extensions shall be Jensen Precast, or accepted equal.

3. The base shall be six inches (6”) thick.

4. Walls shall be six inches (6”) thick.

5. A “No Dumping” Metal Storm Drain Marker shall be affixed to the concrete color of each drain inlet (See Detail DR-20)

6. Contractor may install cast-in-place drain inlets in lieu of pre-cast drain inlets.

Submit shop drawings and concrete mix design for review and approval.

B. Channel Drains for baseball/softball backstop areas shall be Polycast 600 series pre-sloped trench drains with galvanized steel slotted grates or accepted equal.

C. Sanitary sewer clean outs shall be as specified in the City of Roseville, Design and Construction Standards, latest edition.

2.06 Manholes
A. Manholes shall have tongue and groove joints, be forty-eight inches (48”) minimum in diameter, meeting ASTM C-478.

B. Covers shall be cast iron.

C. All components shall conform to the City of Roseville Design and Construction Standards, latest edition.

2.07 Tracer Wire
A. Insulated solid copper wire, minimum #12 gauge. Color shall be green.

2.08 Sanitary Sewer Pipe
A. Vitrified clay pipe (VCP) shall be as specified in Section 91 Sanitary Sewer in the City of Roseville, Design and Construction Standards, latest edition.

B. PVC SDR 35 may be used for drinking fountain drain applications only, with prior approval, and shall conform to ASTM D3034.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 33 00 00: Utilities

2.09 Potable Water Warning Tape
A. On sites with both Recycled water and potable water lines. Blue plastic tape, 3 inches wide, with the words “CAUTION: POTABLE WATERLINE” imprinted in minimum 1-inch high, black letters. Imprinting shall be continuous and permanent.

2.10 Trench Drain
A. Trench Drains: Pre-sloped slot channel drain; Model KS 100S by ACO Polymer Products, Inc., 888-490-9552, or equal.

1. Provide appropriate end connections and 600 series catch basin with in-line trash bucket and outlet connections.

2. Grates:
a) Pedestrian Locations: No. 494Q with quick lock locking device, and complying ADA Standards for Accessible Design.
b) Vehicular Traffic Locations: Galvanized, No. 411Q or Stainless steel, No. 465Q.

PART 3 - EXECUTION

3.01 General
A. All pipes shall slope uniformly from given elevations shown on the Plans.

B. All pipes shall be accurately laid true to line and grade, utilizing accepted construction methods.

C. Damaged or cracked pipe and fittings shall not be installed and shall be removed from site.

D. Install all pipe in locations shown on the Plans, except where existing conditions necessitate minor changes.

E. All pipe and fittings shall be kept clean and closed throughout the course of construction.

F. Connections to existing sanitary sewer stubs shall be “TV-ed” and air tested prior to the start of construction per the City of Roseville Design and Construction Standards, latest edition.

3.02 Installation
A. Installation of the specified pipe lines shall conform to the City of Roseville Design and Construction Standards, latest edition.

B. Notify the Inspector a minimum of 48 hours prior to covering of work to ensure timely inspections.

C. Cutting of AC or concrete paving shall be clean, vertical and straight, using a saw, or other tool specific to this application. Replace paving to existing or better condition prior to work.

Not for Construction
For Council Approval
Gibson Park
May 20, 2022
Section 33 00 00: Utilities

D. Trench and backfill shall be per City of Roseville Design and Construction Standards, latest edition.

E. Catch basins and drain inlets shall be installed with a concrete collar with “No Dumping” message and fish symbol depressed into the concrete or bolted in place, consistent with Drawing DR-20 the City of Roseville Design and Construction Standards, latest edition.

F. Drain inlets installed in mulched planter areas shall have a 12-inch wide collar of 2- to 6-inch river cobble placed over filter fabric.

G. Channel drains shall be set per manufacturer’s instructions. Place slotted grates along the entire length of the backstop, including wing fencing, wherever concrete is placed adjacent to the backstop system. Provide a below grade piped connection at all gate openings into the infield area. Do not install grated drain sections at these entry/exit points.

H. Manholes shall be per City of Roseville Design and Construction Standards, latest edition. Install grate flush with finish grade.

I. Sanitary Sewer Clean-outs shall be installed with 3M ball markers and shall be located within planted or turf areas, whenever possible. Place clean-outs at 100’ intervals throughout the project. Clean-outs shall not be located within play areas. Install per City of Roseville Design and Construction Standards, latest edition.

J. Upon completion, thoroughly flush storm drain system in the presence of the Parks Inspector.

K. Trench Drain System (Channel Drain): Install as shown in the Drawings and in accordance with the manufacturer’s written recommendations.

3.03 Tracer Wire
A. Install tracer wire on top of the potable water lines B. Tracer wire shall be continuous with no splices.

3.04 Potable Water Warning Tape
A. To be used on all potable water piping installed within the same project limits as on-site recycled water piping.

B. Install plastic warning tape in pipe backfill, six inches above pipe, for the entire length of the pipe.

3.05 Cleaning
A. Keep site clean at all times. Remove from the site all debris and rubbish and legally dispose.

END OF SECTION
Not for Construction
For Council Approval
Total Irrigation System Runtime (during establishment) Percentage adjustment:

Reference Eto (in./mo.)
Historical average precipitationEffective precipitation (historical average -0.2" * 75%)Base required irrigation (in./mo.) LEGEND: KS=SPECIES COEFFICENT, KD=DENSITY COEFFICENT, KMC-MICRO-CLIMATE COEFFICIENT, KL=LANDSCAPE COEFFCIENT, IE= IRRIGATION EFFICIENCY, PR = PRECIPITATION RATE, BIR = BASIC INTAKE RATE, AW Total Irrigation System Runtime (normal operation)NOTE:SPRAY IRRIGATION SHALL ONLY OPERATE BETWEEN THE HOURS OF 8PM-10AM. =
AVAILABLE WATER, RZ = ROOT ZONE, PAW = PLANT AVAILABLE WATER, MAD = MANAGED ALLOWABLE DEPLETION (%), AD = ALLOWABLE DEPLETION (INCHES). 3 0.0 0.4 0.4 0.4 0.3 0.5 0.5 0.00.0
150%

0.2 0.7 0.7 0.6 0.6 0.5
Maximum system runtime per irrigation day (single-station operation) 0.0 0.0 0.1 Hrs 0.0Maximum system runtime per irrigation day (single-station operation) Hrs 0.0 0.0 0.0 0.8 0.0 Trees - Low Water Use Days / Week Cycles / DayMax. Minutes / Cycle 1 00 1
000 3
30 Min. / Cycle 47 000 2
00 00
3444
1 41
6655
10 00
111
Min. / Cycle
4 3444
1111 1
000 3000 2 7766 5 0
10 0 1
80 1
12 9 0 0 3 14
000 1 2 Shrubs and Groundcover - Low Water Use Days / Week Cycles / Day 1 Aug Sep Oct Jul
00 16 0 0
1 00 1 14 00 3 3

3.02 6.82

3.16 6.812.92 1.18 0.342.04

5.14 AREA (SF) % OF LANDSCAPE RZ
12 SOIL TYPE
Sandy Clay Loam 0.81 0.40

AW MAD AD BIR

0.5 PR

1.00 IRR TYPE
Bubbler
KL IE

NEAREST WEATHER STATION LOCATION

0.00 0.00

1.61 4.23 5.72 0.35 2.00

0.11 7.34 5.25 3.72

1.35 NOV DEC OCT APR MAY JUN JUL AUG

4.14 1.30
SEP

FAIR OAKS

MAR JAN FEB

2.37 7.610.11 0.53 0.53

0.90 5.09 4.13 3.68

7.62 1.07 2.40 2.897.10

5.11 0.74

0.00 0.00 0.00

0.90 1.12 6.08 7.51

0.2 DESCRIPTION (ORIENTATION, WATER USE)
108 7.98%644
36 PAW

0.96 Vine Planting - Medium Water Use
Shrubs and Groundcover - Low Water UseTrees - Low Water Use

0.5 47.60%
N/A -

0.50.5 0.48
KD

0.8 VALVE KS

0.962.88

0.080.080.08
Sandy Clay LoamSandy Clay Loam

0.481.44
50%50%

1.0 KMC

0.8 1.0

1.00 0.16 0.81 Bubbler 1.00 50%
123
12 0.20 0.81 Subsurface
1353 100%
Nov Dec May Jun Mar Apr Jan Feb

IRRIGATION SCHEDULE REFERENCE DATA
PROJECT NAME Gibons Park LOCATION

HYDROZONE DATA
1099 Roseville Parkway, Roseville, CA 95678
Zone
Days / Week
Cycles / Day

PROJECT INFORMATION SOIL SAMPLE SUMMARY
SAMPLE DATE: SAND
SILT
CLAY

0.2 1.0 1.0

6.98 5.70
601 44.42%
4 Parking Lot - Low Water Use
Min. / Cycle
Description

WATERING SCHEDULE
Total Irrigated Area:
000 0
0 1
411
44 00
1 Vine Planting - Medium Water Use
44 4 Parking Lot - Low Water Use 0.2 1.0 1.0 0.20 Subsurface 0.81 1.00 Sandy Clay Loam 0.5 0.08 12 0.96 50% 0.48 30 Max. Minutes / Cycle 13 12
Max. Minutes / Cycle 30
4 100 Days / Week 0 0 0 3 3 4
Cycles / Day 0 0 0 1 1 1 1 1 1 1 0 0
Max. Minutes / Cycle 30 Min. / Cycle 0 0 0 2 7 7 6 6 5 8 0 0

APPENDIX A - IRRIGATION SCHEDULE
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APPENDIX C - GEOTECHNICAL REPORT
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DRAW
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022]

DRAWINGS
Project: __________________________ Gibson Park
Gibson Park plans dated 05/20/22 by
Verde Design, Inc.

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For Council Approval
AB 626 - 1
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] TEXT OF AB 626
Assembly Bill No. 626
CHAPTER 810
An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.
[Approved by Governor September 29, 2016. Filed with Secretary of State September 29, 2016.]
LEGISLATIVE COUNSEL’S DIGEST
AB 626, Chiu. Public contracts: claim resolution.

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

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

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

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

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

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

Not for Construction
For Council Approval
AB 626 - 2
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] By increasing the duties of local agencies and officials, this bill would impose a statemandated local program.

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

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

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

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

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

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

Not for Construction
For Council Approval
AB 626 - 3
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) ”Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) ”Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Not for Construction
For Council Approval
AB 626 - 4
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is Not for Construction
For Council Approval
AB 626 - 5
[L:\agreement\form agreements\Project Manuals\buildings & grounds.docx; 3/8/2022] repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

SECTION 2.

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

SECTION 3.

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

Not for Construction
For Council Approval

COUNCIL COMMUNICATION
CC #: 2251
File #: 0704-01
Title:

Kenwood Oaks Park Playground Structure Replacement Project - Contract Purchase Agreement
Contact: Ken Peterson 916-746-1233 [email protected] Meeting Date: 8/17/2022
Item #: 6.2.

RECOMMENDATION TO COUNCIL
Staff recommends that City Council adopt a resolution to approve a contract purchase agreement (#3002391) with PlayPower LT Farmington, Inc. C/O All About Play for $158,451.29 to remove and replace the Kenwood Oaks playground structure, and authorize the City Manager to execute the agreement on behalf of the City of Roseville.

BACKGROUND
The school-aged playground structure at Kenwood Oaks Park is more than 20 years old. The playground structure has reached the end of its useful life. During the planning process the Parks, Recreation & Libraries department reached out to the local community for public feedback.

Public outreach included:

A two week write-in period seeking feedback on a proposed playground structure layout.

The two week write-in period occurred in January 2022. Signs were posted onsite and information was shared via social media.

Two comments were received. Kenwood Oaks’ playground structure was redesigned per public feedback received.

A second two-week write-in period was conducted in April 2022.

The second write-in period received 10 comments for Kenwood Oaks. Several comments were about the park in general and not related to the replacement playground structure layout.

Staff recommends approval of a Contract Purchase Agreement (#3002391) with PlayPower LT Farmington, Inc. C/O All About Play for $158,451.29 to remove and replace the Kenwood Oaks Park playground structure with a new structure. The Contract Purchase Agreement piggybacks Sourcewell Contract #010521-LTS-4.

FISCAL IMPACT
The project was approved in FY2020-21 using funds from the Parks, Recreation & Libraries Capital Projects Fund (Fund 3130) for Kenwood Oaks Park. Maintenance costs are funded by the General Fund and are anticipated to remain unchanged. There will be no new General Fund impacts.

ENVIRONMENTAL REVIEW
The proposed project involves the replacement of the existing playground structure and facilities.

This activity is categorically exempt from CEQA as a Class 2 Exemption (State CEQA Guidelines Section 15302). The Exemption has been prepared and no further CEQA action is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal 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,
Ken Peterson, Park Development Project Manager
Jill Geller, Parks, Recreation & Libraries Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Kenwood Oaks - Vicinity Map
Resolution 22-319
Kenwood Oaks Playground - CPA
SourceWell Contract #010521
Kenwood Oaks Park - Vicinity Map
Copyright nearmap 2015, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
5/19/2022, 3:06:08 PM
0 0.03 0.06 0.12 mi
0 0.05 0.1 0.19 km
1:4,514
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 RESOLUTION NO. 22-319

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND PLAYPOWER LT FARMINGTON, INC. C/O ALL ABOUT PLAY

AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF

THE CITY OF ROSEVILLE
WHEREAS, a contract purchase agreement (3002391), for the Kenwood Oaks Park Playground Structure Replacement Project, by and between the City of Roseville and PlayPower LT Farmington, Inc. c/o All About Play 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 ofRoseville this day of , 2022, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

Destination $0-$999 $1,000-
$4,999
$5,000-
$14,999
$15,000-
$24,999
$25,000-
$49,000
$50,000-
$99,999
$100,000 &
above
Playground Equipment
48 contiguous
states
List Plus
Freight List Plus 7% List Less 3% List Less 8% List Less 13% List Less 17% List Less 20% Early Childhood, Site
Amenties & Shade
Products
48 contiguous
states
List Plus
Freight
List Plus 7% List Price List Price List Less 5% List Less 10% List Less 15% Playground Structures Alaska,
Hawaii &
Canada
List Plus
Freight
List Plus 17% List Plus 10% List Plus 5% List Plus 2% List Less 2% List Less 5% Early Childhood, Site
Amenties & Shade
Products
Alaska,
Hawaii &
Canada
List Plus
Freight List Plus 27% List Plus 20% List Plus 20% List Plus 15% List Plus 10% List Plus 5% Destination $0-$999 $1,000-
$4,999
$5,000-
$14,999
$15,000-
$24,999
$25,000-
$49,000
$50,000-
$99,999
$100,000 &
above
Playground Structures All 50 States
& Canada
List Plus
Freight List Less 3% List Less 8% List Less 13% List Less 17% List Less 20% List Less 23% Early Childhood, Site
Amenties & Shade
Products
All 50 States
& Canada
List Plus
Freight List Less 3% List Less 7% List Less 7% List Less 10% List Less 15% List Less 20% Replacement Parts &
Hardware
All 50 States
& Canada List Less 2% List Less 2% List Less 2% List Less 2% List Less 2% List Less 2% List Less 2% CUSTOM EQUIPMENT:

Level 1 Customs Priced not to exceed $10,000
Level 2 Customs Priced from $10,001 - $25,000
Level 3 Customs Priced from $25,001 - $50,000
Level 4 Customs Priced from $50,0001 - $100,000
Level 5 Customs Priced from $100,001 - $250,000
Turnkey Solutions:

Equipment Installation
Demo & Removal of
Existing Equipment
Site Preparation
Planning & Design Services
Engineered Wood Fiber
Surfacing
Poured in Place Rubber
Surfacing
Playground Turf
Rubber Tile Surfacing
Priced from 30% - 65% of Equipment List Price. Pricing can vary greatly by state/province and across the various regions of the country
Priced from $2500 - $6000 per day. Pricing can vary greatly by state/province and across the various regions of the country Priced from $2500 - $6000 per day. Pricing can vary greatly by state/province and across the various regions of the country Priced from $0 - $2500 per day. Pricing can vary greatly by state/province and across the various regions of the country Priced from $38 - $58 per cubic yard. Pricing can vary greatly by state/province and across the various regions of the country Priced not to exceed $20 per square foot. See separate price schedule Priced not to exceed $22 per square foot
Priced not to exceed $24 per square foot
Little Tikes Equipment Prices and Labor Rates
Sourcewell Contract #010521 Equipment Pricing & Labor Rates PREPAID FREIGHT: Order Amount

FOB ORIGIN (FREIGHT NOT
INCLUDED) Order Amount
Community Build
Layout & Supervision
Maintenance & Repairs
Bonding
Notes:

PlayPower Equipment Volume Rebates:
$1,500,000 and above 3% Rebate
2) Equipment shall be installed within four (4) weeks of product delivery, unless requested by agency to be delayed 3) Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment unless other arrangements have been made
4) Customer shall be responsible for providing a clear, level site and for coordinating the scheduling of all deliveries and installation 5) Site should permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional costs 6) Equipment installation pricing excludes all site work and landscaping; removal of existing equipment; storage of goods prior to installation; and drainage provisions. Call local representative for an estimate for site services 7) Building Permits, if required, shall be charged at the provider's cost PlayPower offers the following customer volumne rebate based on the calendar year:
$500,000 to $999,999 1% Rebate
$1,000,000 to $1,499,9992% Rebate
1) All equipment to be installed in accordance with specifications by PlayPower factory-certified professional installers Priced from $750 - $1000 per man day plus materials & equipment. Pricing can vary greatly by state/province and across the various regions of the country
Priced from $60 - $75 per man hour plus materials & equipment. Pricing can vary greatly by state/province and across the various regions of the country
Not to exceed 5% of billed amount

COUNCIL COMMUNICATION
CC #: 2252
File #: 0704-01
Title:

Del Stephenson Park Playground Structure Replacement Project - Contract Purchase Agreement
Contact: Ken Peterson 916-746-1233 [email protected] Meeting Date: 8/17/2022
Item #: 6.3.

RECOMMENDATION TO COUNCIL
Staff recommends that City Council adopt a resolution to approve a contract purchase agreement (#3002392) with PlayPower LT Farmington C/O All About Play for $155,268.75 to remove and replace the Del Stephenson Park playground structure, and authorize the City Manager to execute the agreement on behalf of the City of Roseville.

BACKGROUND
The school-aged playground structure at Del Stephenson Park is more than 20 years old. The playground structure has reached the end of its useful life. During the planning process the Parks, Recreation & Libraries Department reached out to the local community for public feedback.

Public outreach included:

A two-week write-in period seeking feedback on a proposed playground structure layout.

The two week write-in period occurred in January 2022. Signs were posted onsite and information was shared via social media.

Del Stephenson Park received one public comment.

Staff felt that a second opportunity for public comment was warranted. A second two-week write-in period was conducted in April 2022.

The second write-in period received: 1 new comment. The comment suggested adding fitness equipment at the playground site. In consideration of this comment, staff received several quotes and reviewed the sinking fund balance. Adding the fitness equipment exceeded the project budget and the sinking funds current balance could not support the new fitness improvements at this time. This project is being considered for a future date.

Staff recommends approval of a Contract Purchase Agreement (#3002382) with PlayPower LT Farmington, Inc. C/O All About Play for $155,268.75 to remove and replace the Del Stephenson Park playground structure with a new structure. The Contract Purchase Agreement piggybacks Sourcewell Contract #010521-LTS-4.

FISCAL IMPACT
A budget adjustment of $170,000 was approved for FY2022-23 by Council on July 6, 2022. The allocation was approved using sinking funds from the Highland Reserve North Community Facilities District No. 2 (Services District) (Fund 2107). Ongoing maintenance costs are provided for Del Stephenson Park through the Highland Reserve North Community Facilities District No. 2 (Services District) and is expected to remain unchanged. There will be no General Fund impact.

ENVIRONMENTAL REVIEW
The proposed project involves the replacement of existing playground structure and facilities.

This activity is categorically exempt from CEQA as a Class 2 Exemption (State CEQA Guidelines Section 15302). The Exemption has been prepared and no further CEQA action is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal 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,
Ken Peterson, Park Development Project Manager
Jill Geller, Parks, Recreation & Libraries Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Del Stephenson Park - Vicinity Map
Resolution 22-320
Del Stephenson Playground - CPA
Del Stephenson Park - Vicinity Map
Copyright nearmap 2015, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
5/19/2022, 3:08:31 PM
0 0.03 0.06 0.12 mi
0 0.05 0.1 0.19 km
1:4,514
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 RESOLUTION NO. 22-320

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND PLAYPOWER LT FARMINGTON, INC. C/O ALL ABOUT PLAY

AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF

THE CITY OF ROSEVILLE
WHEREAS, a contract purchase agreement (3002392), for the Del Stephenson Park Playground Structure Replacement Project, by and between the City of Roseville and PlayPower LT Farmington, Inc. c/o All About Play 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 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 #: 2245
File #: 0203-07
Title: 100kVA Distribution Transformers – Sole Source Purchase Order Contact: Ozro Corulli 916-774-5586 [email protected] Meeting Date: 8/17/2022
Item #: 6.4.

RECOMMENDATION TO COUNCIL
Staff recommends City Council adopt a resolution to approve a sole source purchase order for fifty pad-mounted 100kVA single phase distribution transformers. In addition, staff requests authority for the City Manager or his designee to approve up to a ten percent (10%) contingency for unforeseen change orders.

BACKGROUND
Along with electric utilities nationwide, Roseville Electric Utility has been confronted with a shortage of electric utility transformers. This critical equipment is necessary to provide electric service to customers and support new residential and commercial development in Roseville.

Roseville Electric Utility currently procures all needed distribution transformers through Mader Supply - representing Howard Industries. Mader Supply was the lowest responsive bidder to RFQ 10-3177 issued in 2018 and is currently in year 3 of 4 optional renewal years. Transformer manufacturers are struggling to get the specialized raw materials, including “core” steel used in transformer production. The shortage is exacerbated by competition for that same steel from the auto industry and labor shortages. Current lead times for single phase distribution transformers have risen over 400% and are projected to be 10-14 months after receipt of order, with no guaranteed delivery date.

Staff continues to seek additional vendors to meet the development and maintenance needs of the City including contacting all bidders from the original RFQ to receive new quotes. Staff has also expanded the search beyond domestic suppliers and is currently in the process of executing a sole source purchase of fifty transformers from KP Electric that was approved by City Council on July 20, 2022. To further diversify the City’s supply line, staff seeks approval for the sole source purchase of fifty transformers from the Hyundai Corporation, represented by Pacific Power Reps. The Hyundai quote is lower than Howard in both unit price and estimated lead time at 210 days. Purchasing these fifty transformers will help meet the City’s anticipated development and maintenance needs over the next three years.

FISCAL IMPACT
The estimated cost of the transformer purchases is $635,725 with a ten percent (10%) contingency ($63,572) for unforeseen inflated material and/or shipping costs for a total of $699,298. Funding is included in the Electric Fund budget for FY2022-23.

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 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,
Ozro Corulli, Senior Power Engineer
Dan Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 22-313
Hyundai Quote
RESOLUTION NO. 22-313

APPROVING A SOLE SOURCE PURCHASE ORDER FOR
100kVA DISTRIBUTION TRANSFORMERS
WHEREAS, a sole source purchase order with Hyundai Corporation, for 100kVA distribution transformers, has been reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said purchase order is hereby approved; and
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to approve change orders for the purchase, 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 ofRoseville this day of , 2022, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk
21250 Hawthorne Blvd #775. Torrance, CA 90503
T: 424-254-2390 F: 424-254-2387
www.hyundaicorp.com
July 28, 2022
Our Ref. No. : SEE-220728-D010
Attention : Mr. Ozro “OJ” Corulli, PE, Sr. Power Engineer, Roseville Electric Utility.

From : Daniel Oh, Chief Manager, Hyundai Corporation USA (Tel) 714-875-1375
(E-Mail) [email protected]
Subject : Proposal for Roseville Electric Utility Project.

Hyundai Corporation (USA)’s Offer and Terms of Sale and Delivery of (100kVA) Pad-Mounted Transformer Units to Roseville Utilities
Dear Sir,
We are very pleased to make this offer (“Offer”) to Roseville Electric Utility (Roseville Electric Utility, “Client”) for the sale and delivery of Distribution Transformer units in accordance with the following material terms and conditions:

1. Items Included
Total of (1) types of transformer units manufactured by SANIL Electric, Co. Ltd (“Manufacturer”).

2. Manufacturer
SANIL Electric., Co. LTD.

3. Offer Validity
Within Sixty (60) days from the date of this Offer.

4. Terms of Delivery
25 to 30 weeks after Hyundai’s receipt of the Client’s Purchase Order (“PO”).

The delivery date to be adjusted upon the specific quantity of order. Also, the delivery date is subject to change without additional costs or liability to Hyundai. However, Hyundai shall promptly notify the Client of any delay in delivery and Hyundai shall used its best efforts to deliver the Goods by the originally planned delivery date.

Incoterms: F.O.B. Roseville Electric Utility’s Job Site

5. Terms of Payment
Roseville Electric Utility shall make incremental payment of the Purchase Price to Hyundai upon the occurrence of specified milestone events. Payment shall be due within 30 days after Roseville Electric Utility’s receipt of invoice issued by Hyundai.

6. Country of Origin
The Goods shall be manufactured in and sent from the Republic of Korea.

7. Purchase Price Detail

8. Scope of Work
Purchase Price includes the cost of design, factory acceptance test (FAT), packing and transportation to Roseville Electric Utility’s job site Delivery Term: DDP. Roseville, CA, USA (INCOTERMS 2010)

9. Out of Scope
Hyundai shall not be responsible for the following: (i) off-loading at Jobsite; (ii) site assembly; and/or (iii) on-site testing.

10. Title & Risk of Loss
Only when Roseville Utilities makes full payment of the Purchase Price to Hyundai shall title to the Goods vest in Roseville Electric Utility. Until such time as full payment of the Purchase Price is made, title to the Goods shall remain with Hyundai. Risk of loss shall transfer from Hyundai to Roseville Electric Utility pursuant to agreed-upon and applicable Incoterms.

11. Warranty
Unit Price Freight Ext. Price Include Freight
M261509

TRANSFORMER, SINGLE-PHASE,

PADMOUNT
12000/20780GrdY-240/120V 100kVA KNAN 50 $11,000 $800 $550,000 $590,000 Unit Price Extended Price
Reference Code Item & Decription Quantity
This warranty for the Goods shall be in accordance with and limited to the warranty terms and obligations as provided for the Goods by the Manufacturer, including those stated in the end-user manual and instructions, and shall be valid and applicable for a period of sixty (60) months from the date of delivery completion of the Goods.

This warranty shall not apply to: (i) any defects caused, induced, produced, and/or generated by damage from unreasonable or unintended use (accident, fire or other casualties, misuse, negligence, incorrect wiring); (ii) any use or installation not in conformance with written instructions and/or directions provided by Hyundai and/or Manufacturer; (iii) any defects occurring because of unauthorized modifications to the Goods not authorized in writing by Hyundai, (iv) any defects to the Goods attributable to or arising out of improper storage or handling of the Goods after final delivery by Hyundai at the point of delivery; and/or (v) any deficiency attributable to normal wear and tear.

The warranties set out herein are exclusive of and in lieu of all other warranties, representations or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties of merchantability or fitness for a particular purpose.

Hyundai’s responsibility for labor and materials does not include the cost of replacing or removing parts, equipment, or structures not provided herein.

12. Limitation of Liability
The total liability of Hyundai to Roseville Electric Utility for any damages or claims arising out of the sale and delivery of Goods, from any cause whatsoever (including but not limited to, breach of contract, negligence, tort, indemnity, product liability, strict liability, and/or otherwise) arising out of the performance of Hyundai’s obligations, or Roseville Electric Utility’s use of the Goods, will not exceed 100% of the total Purchase Price.

In no event shall Hyundai be liable to Roseville Electric Utility for any losses or damages for economic loss, loss of use, loss of goodwill, loss of revenues, loss of profit, or for any indirect, consequential, incidental, or punitive damage or losses, whether such damages are in contract, tort, or otherwise.

13. Cancellation Charges
In the event that Roseville Electric Utility cancels the Purchase Order, in whole or in part, then Roseville Electric Utility will be subject to payment of a cancellation charge to Hyundai, which is not a penalty and is intended to reasonably compensate Hyundai for costs and losses incurred and/or damages to Hyundai resulting from Roseville Electric Utility’s cancellation.

The cancellation charges below are presented as a percentage of the Purchase Price. 1) Cancellation within 1 week after PO receipt - 5% of the Purchase Price 2) Cancellation after drawing submission - 20% of the Purchase Price 3) Cancellation 2 weeks after procurement start date - 35% of the Purchase Price 4) Cancellation 4 weeks after procurement start date - 50% of the Purchase Price 5) In the event of a cancellation where manufacturing and assembly have already begun, charges will be based upon the percentage of completion, but shall not be less than 50% of the Purchase Price

14. Miscellaneous
All other contractual terms not otherwise specified herein shall be set forth in the Purchase Order issued by Roseville Electric Utility. The PO and this Offer and any Annexes hereto shall, taken together, constitute one and the same integrated instrument.

To the extent there exists any conflicting or contradicting term in this Offer and Roseville Electric Utility‘s Purchase Order, the terms of this Offer shall prevail.

Sincerely yours,
________
Hancheol Kang, President
Hyundai Corporation USA

COUNCIL COMMUNICATION
CC #: 2250
File #: 0900-03
Title:

Industrial Substation Switchgear #1 Replacement Civil Construction - Award of Contract
Contact: Austin Kurth 916-774-5661 [email protected] Meeting Date: 8/17/2022
Item #: 6.5.

RECOMMENDATION TO COUNCIL
Staff recommends that City Council adopt a resolution to approve an agreement with Interstate Construction, Inc. for construction of the Industrial Substation Switchgear #1 Replacement Civil Construction project and authorize the City Manager to execute it. In addition, staff requests authority to approve change orders up to ten percent (10%) of the contract amount.

BACKGROUND
The construction work at Industrial Substation is required for the replacement of the existing switchgear that has reached its end of life. Replacement of this equipment is necessary to maintain system reliability.

City Council approved the plans and specifications and authorized the call for bids at the May 18, 2022 meeting. Subsequently, Roseville Electric solicited proposals through Request for Quotations No. 07-083 Industrial Substation Switchgear #1 Replacement Civil Construction project, seeking a contractor to provide the necessary construction services. Staff received two bids which were opened on June 20, 2022. After staff review of the proposals, Interstate Construction, Inc. was determined to be the lowest responsive bidder.

FISCAL IMPACT
The fiscal impact of the Agreement with Interstate Construction, Inc. is $179,880 with a 10%, or $17,988, contingency, for a total not-to-exceed amount of $197,868. Funds are available in the Electric Fund FY2022-23 budget.

ENVIRONMENTAL REVIEW
The proposed work of the Industrial Substation Switchgear #1 Replacement project involves the replacement of existing structures and facilities. This activity is categorically exempt from CEQA as a Class 2 Exemption (State CEQA Guidelines Section 15302). The Exemption has been prepared and no further CEQA action is required.

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

Description
Resolution 22-318
Interstate Construction Signed Contract
Bid Summary Sheet
RESOLUTION NO. 22-318

APPROVING AN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND INTERSTATE CONSTRUCTION, INC., AND AUTHORIZING THE CITY MANAGER TO

EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an Agreement regarding the Industrial Substation Switchgear #1 Replacement Civil Construction Project, by and between the City of Roseville and Interstate Construction, 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 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 #: 2266
File #: 0800-03
Title:

Water Demineralization and Softening Trailers Supply - Contract Purchase Agreement
Contact: Matt Garner 916-746-1691 [email protected] Meeting Date: 8/17/2022
Item #: 6.6.

RECOMMENDATION TO COUNCIL
Staff recommends City Council adopt a resolution authorizing the City Manager to execute contract purchase agreement (3002354) with Suez WTS Services USA Inc. to provide water demineralization and softening trailers on an as-needed basis for Roseville Electric owned and/or operated generation facilities.

BACKGROUND
Roseville Electric owns and/or operates three power generation facilities. Each of these facilities requires the use of demineralized and softened water for such things as steam production, emissions control, process cooling and power augmentation. Trailer mounted water purifying systems are a cost effective way to back up installed systems during routine maintenance or repair evolutions. They also serve as an effective means for supplying high quality water for units designed without permanent water treatment systems installed.

Roseville Electric investigated water filtration and treatment trailer suppliers and found that Suez WTS Services USA Inc. was the only company whose trailers come with a comprehensive water quality monitoring and notification software package. The Suez InSight software is a trademarked package that constantly monitors feedwater quality and effluent quality, then calculates remaining trailer capacity. The software regularly communicates with Suez wirelessly to facilitate trailer replacement thereby ensuring a constant supply of water with minimal operator involvement.

FISCAL IMPACT
This multi-year contract purchase agreement will be for a period of four years. Total costs are not to exceed $800,000 based on an assumed average cost of $200,000 per year. Funding is included in the Electric Generation budget in the Electric Fund for FY2022-23 and will continue to be included in future year budgets for the term of the agreement.

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 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
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Matt Garner, Power Generation Superintendent
Daniel Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 22-328
Suez WTS Services USA - CPA3002354
RESOLUTION NO. 22-328

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND SUEZ WTS SERVICES USA INC. AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a contract purchase agreement (3002354), for water demineralization and softening trailers for Roseville Electric owned or operated generation facilities, by and between the City of Roseville and Suez WTS Services USA 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 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 3002354
Supplier Details:

Company Suez WTS Services USA Inc
Contact Joe Lamberty
Address 3734-B Imperial Way
Stockton, CA 95215
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: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Contract Purchase Agreement 3002354
Agreement 3002354
Agreement Date 23-JUN-2022
Revision 0
Agreement Amount 800,000.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Suez WTS Services USA Inc
3734-B Imperial Way
Stockton, CA 95215
Phone:

Fax:

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

Fax:

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

VENDOR WILL PROVIDE WATER DEMINERALIZATION AND SOFTENING

TRAILERS ON AN AS-NEEDED BASIS IN ACCORDANCE WITH THE ATTACHED SUEZ WTS SERVICES USA, INC. PROPOSAL 475721AMC, REV4, DATED 6/21/22

UTILIZING THE CITY OF ROSEVILLE NEGOTIATED TERMS AND CONDITIONS DATED 3/26/18 AND INCORPORATING BY REFERENCE CITY OF ROSEVILLE - GE MOBILE WATER, INC. AMENDMENT FOR TERMS AND CONDITIONS - DECEMBER 12, 2012 MODIFIED MARCH 8, 2017 FOR GE NAME CHANGE TO SUEZ WTS SERVICES USA, INC.

START DATE: UPON EXECUTED
END DATE: 8/17/26
Please contact Tony Johnson at (916) 746-1656 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 13180 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: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Contract Purchase Agreement 3002354

ATTACHMENT A

HUMAN RESOURCES/RISK MANAGEMENT DIVISION

INSURANCE REQUIREMENTS

AGREEMENT UNDER FORMAL BID LIMIT
General - Required Coverage:
● 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
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
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
Insurance Verification
By signing the agreement included with this document, you are confirming that your company has the minimum insurance limits required above.

A copy of your insurance certificate is not required at this time. The City may request proof of insurance at any time.

Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202 3 DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Contract Purchase Agreement 3002354
4 DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Lead Commercial Proposals Manager
Senior Engineering Manager
Eric Tate
Michael W. Sylstra

DELEGATION OF SIGNATURE AUTHORITY BY OFFICER

BY THIS DELEGATION OF SIGNATURE AUTHORITY, I, as Vice President - Engineered Systems, of SUEZ WTS International USA, Inc.; SUEZ WTS Analytical Instruments, Inc.; SUEZ WTS Systems USA, Inc.; and SUEZ WTS Solutions USA, Inc. (hereinafter collectively referred to as “SUEZ WTS”) with the delegable authority granted by the Board of Directors to sign contracts in the name of SUEZ WTS as set forth in the Annual Actions Resolutions of SUEZ WTS, hereby revoke any previously granted delegations issued by me and delegate to the below named individuals, effective January 1, 2022:

Jessica ATTANASIO
Michael BENSON
David BINGHAM
Greg BRICKETT
Joseph BRUCE
Michael CONE
Thomas COSGRAVE
Pedro DACRUZ
Edana ESSA
Jane Urbanic
James Foreman
Heather Millar
Branden GARRETT
William GILL
Richard GRAY
Miloud HASSENE
William HEINS
B. Jayson HENRY
Ryan HESS
Paul HOWLAND
Michael HRIBLJAN
Christopher JANSEN
Paul JOSEPHSON
Diane KUN
Debora LOUNSBERRY
Chris LOW
Melanie MAILLY-DEMONT
Jason MONGRAIN
Dewey PINNOCK
Louise RAYMOND
David ROSSER
Eric SAVAGE
Dhaval SHAH
Stephanie SNYDER
Michael SYLSTRA
Eric TATE
Joseph TIETJENS
Frank TROCINO
Nishith VORA
Graeme YOUNG
DocuSign Envelope ID: 0BD14D95-53B9-4869-9E16-CB21481545F5 DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A A. the authority to exercise my approval authority with regard to commercial operations under the Annual Actions Board Resolutions and SUEZ Water Technologies & Solutions Global Operating Policy, subject to the prior approvals obtained via the SUEZ Delegation of Authority Policy;
B. the authority to sign on behalf of SUEZ WTS those certain agreements within my authority as Vice President, subject to the prior approvals obtained via the SUEZ Delegation of Authority Policy; and
C. the authority to sell goods and/or services to SUEZ WTS customers on standard terms and conditions.

Such delegation includes but is not limited to the delegated authority to sign all contractual instruments, certificates, documents, acknowledgments, consents, and other agreements as may be necessary or convenient in order to carry out the intent and purpose of the foregoing authority.

EXCEPT THAT THIS DELEGATION DOES NOT INCLUDE THE AUTHORITY TO:

1. Modify corporate insurance policies

2. Transfer intellectual property to a customer

3. Enter into joint ventures or partnerships

4. Provide advance payments to customers

5. Provide commissions to agents other than approved distributors

6. Provide deferred revenue

7. Buy back inventory

8. Engage in a Tiering arrangement
Nothing in this Delegation of Signature Authority alters any applicable Corporation review and approval requirements for the above-listed documents, including but not limited the SUEZ Water Technologies & Solutions Global Operating Policy. The Delegation of Signature Authority conferred hereby shall NOT be further delegable.

This Delegation of Signature Authority is valid until 31 December 2022.

This Delegation of Signature Authority supersedes all previously issued delegations including but not limited to the delegation acknowledged by legal on January 27, 2022.

IN WITNESS, WHEREOF, I, as Vice President of SUEZ WTS, have caused my signature to be hereunto placed on February 5, 2022.

Name: Thomas Buer
Title: Vice President – General Manager, Engineered Systems Acknowledged by Legal Dept.: Acknowledged by Delegee:

Date: Date:

DocuSign Envelope ID: 0BD14D95-53B9-4869-9E16-CB21481545F5 2022 February 14 DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A 6/30/2022

DELEGATION OF SIGNATURE AUTHORITY BY OFFICER

BY THIS DELEGATION OF SIGNATURE AUTHORITY, I, as Vice President - Engineered Systems, of SUEZ WTS International USA, Inc.; SUEZ WTS Analytical Instruments, Inc.; SUEZ WTS Systems USA, Inc.; and SUEZ WTS Solutions USA, Inc. (hereinafter collectively referred to as “SUEZ WTS”) with the delegable authority granted by the Board of Directors to sign contracts in the name of SUEZ WTS as set forth in the Annual Actions Resolutions of SUEZ WTS, hereby revoke any previously granted delegations issued by me and delegate to the below named individuals, effective January 1, 2022:

Jessica ATTANASIO
Michael BENSON
David BINGHAM
Greg BRICKETT
Joseph BRUCE
Michael CONE
Thomas COSGRAVE
Pedro DACRUZ
Edana ESSA
Jane Urbanic
James Foreman
Heather Millar
Branden GARRETT
William GILL
Richard GRAY
Miloud HASSENE
William HEINS
B. Jayson HENRY
Ryan HESS
Paul HOWLAND
Michael HRIBLJAN
Christopher JANSEN
Paul JOSEPHSON
Diane KUN
Debora LOUNSBERRY
Chris LOW
Melanie MAILLY-DEMONT
Jason MONGRAIN
Dewey PINNOCK
Louise RAYMOND
David ROSSER
Eric SAVAGE
Dhaval SHAH
Stephanie SNYDER
Michael SYLSTRA
Eric TATE
Joseph TIETJENS
Frank TROCINO
Nishith VORA
Graeme YOUNG
DocuSign
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Envelope ID: 0BD14D95-53B9-4869-9E16-CB21481545F5
A. the authority to exercise my approval authority with regard to commercial operations under the Annual Actions Board Resolutions and SUEZ Water Technologies & Solutions Global Operating Policy, subject to the prior approvals obtained via the SUEZ Delegation of Authority Policy;
B. the authority to sign on behalf of SUEZ WTS those certain agreements within my authority as Vice President, subject to the prior approvals obtained via the SUEZ Delegation of Authority Policy; and
C. the authority to sell goods and/or services to SUEZ WTS customers on standard terms and conditions.

Such delegation includes but is not limited to the delegated authority to sign all contractual instruments, certificates, documents, acknowledgments, consents, and other agreements as may be necessary or convenient in order to carry out the intent and purpose of the foregoing authority.

EXCEPT THAT THIS DELEGATION DOES NOT INCLUDE THE AUTHORITY TO:

1. Modify corporate insurance policies

2. Transfer intellectual property to a customer

3. Enter into joint ventures or partnerships

4. Provide advance payments to customers

5. Provide commissions to agents other than approved distributors

6. Provide deferred revenue

7. Buy back inventory

8. Engage in a Tiering arrangement
Nothing in this Delegation of Signature Authority alters any applicable Corporation review and approval requirements for the above-listed documents, including but not limited the SUEZ Water Technologies & Solutions Global Operating Policy. The Delegation of Signature Authority conferred hereby shall NOT be further delegable.

This Delegation of Signature Authority is valid until 31 December 2022.

This Delegation of Signature Authority supersedes all previously issued delegations including but not limited to the delegation acknowledged by legal on January 27, 2022.

IN WITNESS, WHEREOF, I, as Vice President of SUEZ WTS, have caused my signature to be hereunto placed on February 5, 2022.

Name: Thomas Buer
Title: Vice President – General Manager, Engineered Systems Acknowledged by Legal Dept.: Acknowledged by Delegee:

Date: Date:

DocuSign Envelope ID: 0BD14D95-53B9-4869-9E16-CB21481545F5 2022 February 14 DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A 6/30/2022
Rev 5/1/14 MS SA - General T's C's - 5 1 14- Amended by GE (Now Suez WTS Services USA, Inc.) 1-23-15mlc Final – Approved by JS 3/26/18 Service Agreement

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 active 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 either party has the right to terminate this Agreement provided Contractor is given a thirty (30) day notice.

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.
10a. 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.
10b. 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. 10c. Additional Insureds. Contractor shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insured to the extent of Contractor’s indemnity obligations herein 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. Contractor agrees to extend its existing general liability insurance coverage to City, but only in respect of work performed by or on behalf of the named insured, Contractor, and only to the extent that the additional insured is held liable for the negligence or other culpability of the Contractor. Coverage under Contractor's policy does not extend to liability arising out of the additional insured’s own active or sole negligence. 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.
10d. Cancellation/Modification. Contractor shall provide ten (10) days written notice to City prior to cancellation or modification 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. 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.
10f. 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. 10g. 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. 10h. 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 worked performed by Contractor, its employees, agents and subcontractors to the extent of Contractor’s indemnity obligations herein, however such waiver of subrogation shall not apply to the extent of active or sole negligence of the City. 10i. 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.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Rev 5/1/14 MS SA - General T's C's - 5 1 14- Amended by GE (Now Suez WTS Services USA, Inc.) 1-23-15mlc Final – Approved by JS 3/26/18 Service Agreement

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 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 Service Agreement, the terms of this Service Agreement shall control.

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

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

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

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

City reserves the right to withhold any payments to Contractor in the event of noncompliance with insurance requirements or if required by law.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A City of Roseville- GE Mobile Water, Inc. Amendment for Terms & Conditions- December 12, 2012 Modified March 8, 2017 for GE name change to SUEZ WTS Services USA, Inc.

14. SUEZ WTS Services USA, Inc. SERVICES- When Customer has fully complied with Paragraph 15 below, SUEZ WTS Services USA, Inc. shall:
 Treat Customer's influent water or other fluids ("Influent Water") to the quality specified in the Influent Water Quality table.
 Use its best efforts, at all times, to provide the Equipment.

15. CUSTOMER'S RESPONSIBILITIES- As a condition precedent to SUEZ WTS Services USA, Inc.'s providing the Service, Customer shall, without cost to SUEZ WTS Services USA, Inc. throughout the Agreement term:
a. Provide a location at Customer's facilities, suitable for proper operation of the Equipment. b. Provide piping, fire hoses, fittings, electricity and other specified equipment and services, as required.
c. Provide Influent Water of the quality described in the Influent Water Quality table, at the pressure and at the flow rate required by SUEZ WTS Services USA, Inc.. d. Provide reasonable access to and security for the Equipment. e. Provide all necessary utilities to operate the Equipment. f. Secure any necessary licenses or permits required for the installation and operation of the Equipment required for the Service.

16. WATER QUALITY WARRANTY
Effluent Water quality shall meet or exceed the specifications in the Effluent Water Quality table. Any Effluent Water not meeting these specifications shall be replaced or reprocessed at no additional cost to Customer, however, if replacement or reprocessing is not practical then Contractor shall adjust Customer bill appropriately unless the failure is caused by the acts or omissions of Customer, including but not limited to Customer’s failure to provide the required Influent Water.

SUEZ WTS Services USA, Inc. warrants that the Equipment is capable of processing the Influent Water, described in the Influent Water Quality table to meet the specifications for Effluent Water in the Effluent Water Quality table. SUEZ WTS Services USA, Inc. does not warrant the USE of the Effluent Water and, accordingly, such replacement , reprocessing or appropriate billing adjustment shall be the Customer's sole and exclusive remedy SUEZ WTS Services USA, Inc. further warrants that Services will be performed in a good and workmanlike manner and will comply in all material respects with the requirements set forth in this Agreement. Customer shall notify SUEZ WTS Services USA, Inc. of any warranty claim within thirty (30) days of the claimed item’s delivery. Effluent Water processed for Customer is not intended, or suitable, for human consumption.

EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, SUEZ WTS SERVICES USA, INC. MAKES NO

WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR OF FITNESS OF USE OR FOR THE PURPOSE INTENDED.

17. NO TITLE TO WATER
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A At no time shall SUEZ WTS Services USA, Inc. be deemed to have taken title to Product Water, Feedwater, Nonstandard Substances (“Nonstandard Substances” shall mean substances or materials which are not specifically identified in the Influent Water Quality Window of in the Influent Water Quality table set forth herein or which were not or could not be reasonably anticipated by SUEZ WTS Services USA, Inc. as being a component of the Influent Feedwater), Hazardous Materials ("Hazardous Materials" shall mean toxic substances, hazardous substances, pollutants, contaminants, regulated wastes, or hazardous wastes as such terms may be defined or classified in any statute or ordinance or regulations promulgated by any national, federal, state, provincial, or local governmental authority), or any other materials or substances processed at the site or treated by SUEZ WTS Services USA, Inc. pursuant to this Agreement. SUEZ WTS Services USA, Inc. does not take responsibility for or provide waste characterization, disposal facility selection, disposal, or payment of sewage or landfill fees.

Customer is responsible for all wastes and waste disposal from the plant. Wastes may include, but are not limited to, water system reject waste, used RO membranes, filters, CIP related wastes and wastewaters, spent media, cartridge filters, equipment and consumables, lube/oil contaminated debris/rags, other maintenance related wastes, lab analysis residuals, and office waste. Customer is required to obtain SUEZ WTS Services USA, Inc.’s written approval prior to any changes in reject disposal or use, or waste disposal methods or configuration being made.

18. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, EXCEPT FOR BODILY INJURY, DEATH, AND DAMAGE TO PROPERTY OF THIRD PARTIES, THE TOTAL LIABILITY OF SUEZ WTS SERVICES USA, INC., its affiliates and subcontractors and their employees, officers, directors and agents, ON ALL CLAIMS OF

ANY KIND ACCRUING DURING ANY CALENDAR YEAR, WHETHER IN CONTRACT (INCLUDING

LIQUIDATED DAMAGES), WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR

OTHERWISE, ARISING OUT OF THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR THE USE OF

ANY PARTS OR THE PROVISION OF ANY SERVICES, SHALL NOT EXCEED THE ANNUAL REVENUE OF THE AMOUNTS PAID BY CUSTOMER TO SUEZ WTS SERVICES USA, INC. IN ANY CALENDAR YEAR, AND IN NO EVENT SHALL THE CUMULATIVE TOTAL LIABILITY OF SUEZ WTS SERVICES USA, INC. IN ALL SUCH

CLAIMS OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, UNTIL THE TIME ALL SUCH LIABILITY ENDS, EXCEED AMOUNTS PAID BY CUSTOMER TO SUEZ WTS SERVICES USA, INC. UNDER THIS AGREEMENT.

IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL SUEZ WTS SERVICES USA, INC. BE

LIABLE FOR LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE SITE OR ANY ASSOCIATED

EQUIPMENT OR SYSTEMS, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES, SERVICES

OR REPLACEMENT POWER, DOWNTIME COSTS, CLAIMS OF CUSTOMER'S CUSTOMERS FOR SUCH

DAMAGES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES.

IF SUEZ WTS SERVICES USA, INC. FURNISHES CUSTOMER WITH ADVICE OR ASSISTANCE CONCERNING

ANY PRODUCTS, SYSTEMS OR WORK WHICH IS NOT REQUIREDPURSUANT TO THIS AGREEMENT, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT SUEZ WTS SERVICES USA, INC. TO

ANY LIABILITY, WHETHER IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

19. USE OF EQUIPMENT
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Although the equipment will be utilized at the site, Customer acknowledges that SUEZ WTS Services USA, Inc. shall retain beneficial ownership of the equipment and any other SUEZ WTS Services USA, Inc. supplied parts, equipment, inventory, supplies and other assets utilized by SUEZ WTS Services USA, Inc., or loaned or made available to Customer at the site. Upon expiration or termination of this Agreement SUEZ WTS Services USA, Inc. shall have the right to disconnect and remove the equipment, parts or assets installed or utilized by SUEZ WTS Services USA, Inc. pursuant to this Agreement.

Customer acknowledges that SUEZ WTS Services USA, Inc.’s equipment is designed for specific applications and processes and therefore may not be relocated, modified, altered or changed in any way without the expressed, written consent of the SUEZ WTS Services USA, Inc.. Customer is responsible for any loss or damage to SUEZ WTS Services USA, Inc.’s equipment including but not limited to, theft, physical damage, operational impairment caused by lack of proper maintenance or operation outside manufacturer’s or SUEZ WTS Services USA, Inc.’s operating specifications, and deterioration or contamination from exposure to fumes or substances. If Customer contaminates equipment, then Customer shall be solely responsible for any and all costs to test, decontaminate or dispose of and replace any of SUEZ WTS Services USA, Inc.’s equipment or ion exchange resins contaminated by exposure to any process or application containing any Federal, DOT, or State listed hazardous waste or a characteristic hazardous waste. Upon request Customer shall certify to SUEZ WTS Services USA, Inc., by means of a completed and signed Resin Process Profile form, the conditions under which all ion exchange resins will be operated. Customer shall not remove the equipment from Customer 's location designated in the Agreement and shall not sublease or lend the equipment or otherwise attempt to transfer or dispose of the equipment or any rights in or to the equipment.

Before moving any equipment, Customer must notify and get SUEZ WTS Services USA, Inc.’s permission.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 1 of 33 Roseville Energy Park

CITY OF ROSEVILLE CALIFORNIA
5120 PHILLIP RD
ROSEVILLE, CA 95747-9116
06/21/2022
For the Attention of: Matt Garner
Our Reference: 475721
Dear Matt,
SUEZ Water Technologies & Solutions is pleased to provide CITY OF ROSEVILLE CALIFORNIA with the attached proposal for the Roseville Energy Center project in ROSEVILLE, CA United States. In developing this quotation, SUEZ worked with CITY OF ROSEVILLE CALIFORNIA in an effort to understand your project and business needs. The attached proposal outlines the solution we feel will best meet these objectives.

We greatly appreciate your consideration of SUEZ for this project. Our measure of success is how well we deliver solutions that help our customers meet their critical business objectives. We hope to have the opportunity to demonstrate this with CITY OF ROSEVILLE CALIFORNIA.

I will be calling you to discuss our proposal and provide any additional information that may help your evaluation. Until then, please contact me if you have any questions.

Yours sincerely,
Joe Lamberty
Regional Account Manager
SUEZ Water Technologies & Solutions
M: +1 925 872 0948
E: [email protected]
W: https://www.suezwatertechnologies.com
24-Hour Emergency Mobile Water 800-446-8004
cc: Angelica Couso Armas
Unless expressly agreed otherwise in writing, all our proposals, sales and order confirmation are subject Appendix C agreed upon terms.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 2 of 33 Proposal for

CITY OF ROSEVILLE CALIFORNIA
Roseville Energy Park
ROSEVILLE, CA United States
Submitted to: Matt Garner

CITY OF ROSEVILLE CALIFORNIA
5120 PHILLIP RD
ROSEVILLE, CA, 95747-9116
Attention: Tony Johnson
SUEZ Proposal #475721AMC, REV4
Joe Lamberty
Regional Account Manager
SUEZ Water Technologies & Solutions
M: +1 925 872 0948
E: [email protected]
W: https://www.suezwatertechnologies.com
24-Hour Emergency Mobile Water 800-446-8004
Submitted by:

SUEZ WTS Services USA, Inc.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 3 of 33 Validity
This proposal is valid for Thirty (30) days from proposal date. In absence of additional proposals pricing will be subject to Price Modification clause one year from proposal date.

Trademark Notification
The following are trademarks of Water Technologies and Solution and may be registered in one or more countries:
+100, ABMet, Absolute.Z, Absolute.Za, AccuSensor, AccuTrak, AccuTrak PLUS, ActNow, Acufeed, ALGAECAP, AmmCycle, Apogee, APPLICATIONS ATLAS, AquaFloc, AquaMax, Aquamite, Aquaplex, AquaSel, Aquatrex, Argo Analyzer, AutoSDI, BENCHMARK, Betz, BetzDearborn, BEV Rite, BioHealth, BioMate, BioPlus, BIOSCAN, Bio-Trol, Butaclean, Certified Plus, CheckPoint, ChemFeed, ChemSensor, ChemSure, CHEX, CleanBlade, CLOROMAT, CoalPlus, COMP-METER, COMP-RATE, COMS (Crude Overhead Monitoring System), Continuum, CopperTrol, CorrShield, CorTrol, Custom Clean, Custom Flo, Cyto3, DataGuard, DataPlus, DataPro, De:Odor, DELTAFLOW, DEOX, DeposiTrol, Desal, Dianodic, Dimetallic, Dispatch Restore, Durasan, DuraSlick, Durasolv, Duratherm, DusTreat, E-Cell, E-Cellerator, ELECTROMAT, Embreak, EndCor, EXACT, FACT-FINDER, Feedwater First, Ferrameen, Ferroquest, FilterMate, Fleet View, FloGard, Flotrex, Flotronics, FoamTrol, FoodPro, Fore4Sight, ForeSight, FRONTIER, FS CLEAN FLOW, FuelSolv, Full-Fit, G.T.M., GenGard, SUEZWaterSource, Glegg, Heat-Rate Pro, High Flow Z, HPC, HPD Process, HyperSperse, Hypure, Hytrex, InfoCalc, InfoScan, InfoTrac, InnovOx, InSight, IONICS, IONICS EDR 2020, IPER (Integrated Pump & Energy Recovery), iService, ISR (Integrated Solutions for Refining), JelCleer, KlarAid, Kleen, LayUp, Leak Trac, Leakwise, LEAPmbr, LEAPprimary, Learning Source, LOGIX, LoSALT, M-PAK, MACarrier, Mace, Max-Amine, MegaFlo, Membrex, MemChem, Memtrex, MerCURxE, MetClear, MiniWizard, MK-3, MOBILEFLOW, MobileRO, Modular Pro, ModuleTrac, MonitAll, Monitor, Monitor Plus, Monsal, MP-MBR, MULTIFLOW, Muni.Z, NEWater, NGC (Next Generation Cassette), Novus, NTBC (Non Thermal Brine Concentrator), OptiGuard, OptiSperse, OptiTherm, Osmo, Osmo PRO, Osmo Titan, Osmonics, Pacesetter, PaceSetter, Petroflo, Petromeen, pHlimPLUS, PICOPORE, PlantGuard, PolyFloc, PowerTreat, Predator, PRO E-Cell, Pro Elite, ProCare, Procera, ProChem, Proof Not Promises, ProPAK, ProShield, ProSolv, ProSweet, Purtrex, QSO (Quality System Optimization), QuickShip, RCC, RE:Sep, Rec-Oil, Recurrent, RediFeed, ReNEW, Renewell, Return on Environment, RMS (Rackless Modular System), ROSave.Z, SalesEdge, ScaleTrol, SeaPAK, SeaPRO, SeaSMART, Seasoft, SeaTECH, Selex, Sensicore, Sentinel, Sepa, Sevenbore, Shield, SIDTECH, SIEVERS, SmartScan, SoliSep, SolSet, Solus, Spec-Aid, Spectrus, SPLASH, Steamate, SteriSafe, Styrex, SUCROSOFT, SUCROTEST, Super Westchar, SuperStar, TFM (Thin Film Membrane), Therminator, Thermoflo, Titan RO, TLC, Tonkaflo, TraveLab, Trend, TruAir, TrueSense, TurboFlo, Turboline, Ultrafilic, UsedtoUseful, Vape-Sorber, VeriFeed, VersaFlo, Versamate, VICI (Virtual Intelligent Communication Interface), V-Star, WasteWizard, WATER FOR THE WORLD, Water Island, Water-Energy Nexus Game, WaterGenie, WaterNODE, WaterNOW, WaterPOINT, WellPro.Z, XPleat, YieldUp, Z-BOX, Z-MOD, ZPAK, Z-POD, ZCore, ZeeBlok, ZeeLung, ZeeWeed, ZENON, and Z.Plex.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 4 of 33 1 Executive Summary
This document provides all commercial and technical details for the water treatment solution proposed by SUEZ Water Technologies & Solutions for the Roseville Energy Center project, which includes the equipment and services for the California Energy Project Units. Our proposal includes pricing for both DI trailers and Softener trailers.

Suez Equipment and Services is uniquely qualified to provide these Mobile Services based on the following criteria, features and benefits-
• Local Service Centers (San Jose and Stockton) to assure that you are serviced in a timely manner with experienced local technicians.
• Guaranteed effluent quality due to our state of the art regenerations centers. • The largest fleet in the industry with over 700 assets. (more than all of our competitors combined) This assures timely deliveries and equipment availability. • InSight remote monitoring. This provides real-time monitoring of your trailers for feedwater quality, effluent quality and estimated remaining capacity, which allows for timely anticipation of exchanges. • InSight daily review and reporting- All of our customers trailers are reviewed daily by a dedicated Suez resource for remaining capacity, The customer is notified by our team with this information to better anticipate and coordinate trailer exchanges.
• Automatic shut-off. Each trailer will automatically shutoff when the setpoint for conductivity is exceeded in your effluent quality. This will avoid putting bad water into your DI tank and subsequently fouling your equipment.

We truly appreciate the opportunity to provide these services to you and look forward to working together with you and your staff for the coming term. Please feel free to contact me should you have any questions or comments. Thanks, and speak to you soon,
Joe Lamberty
Regional Account Manager
SUEZ Water Technologies & Solutions
M: +1 925 872 0948
E: [email protected]
W: https://www.suezwatertechnologies.com
4545 Patent Road, Norfolk, VA, USA
24-Hour Emergency Mobile Water 800-446-8004
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 5 of 33 2 Technical & Engineering Details

2.1 Basis of Design
This proposal is offered based on the following water design values from Title 22 Recycled Water (Cooling Tower Make Up) to be used for Utility/Cooling Tower/Boiler Feed.

2.2 Influent Water Quality
The design solution proposed is based on the values below. All values are as mg/l as ion unless otherwise stated.

Cations Anions Other
Total Hardness, as
CaCO3

96.7 Alkalinity, "P", as
CaCO3
<0.1 Specific Conductance,
at 25°C, µS/cm
390
Calcium Total hardness
as CaCO3, ppm

79.6 Alkalinity, "M", as
CaCO3

79.4 Total Dissolved Solids
(TDS)
N/R
Magnesium Total
hardness as CaCO3,
ppm

17.1 Chloride 56.7 pH, standard units 6.5
Sodium 49 Sulfur, Total, as
SO4

49.0 Total Suspended
Solids
N/R
Potassium N/R Nitrate, as NO3 N/R Turbidity, NTU N/R
Ammonia, as NH3 *<10 Reactive Silica,
Total, as SiO2

15.1 Silt Density Index
(SDI15)
N/R
Barium, Total N/R Colloidal Silica,
Total, as SiO2
N/R Total Organic Carbon
(TOC), as C
N/R
Strontium, Total N/R Phosphate, Total,
as PO4

1.6 Dissolved Organic
Carbon (DOC)
N/R
Copper, Total <0.05 Phosphate, Total
Inorganic, as PO4

1.4 Color, TCU N/R
Aluminum, Total <0.1 Phosphate, Ortho-,
as PO4

1.3 Total Chlorine N/R
Manganese, Total <0.01 Fluoride N/R Free Chlorine N/R
Iron, Total 0.13 -- Carbon Dioxide N/R
Iron, Dissolved N/R -- Fats, Oil and Grease *Non
Detectable
Zinc, ppm <0.1 -- BTEX *Non
Detectable
Source of Test and Date 09JAN17, A408412
Feed Water Source Title 22 Recycled Water (Cooling Tower Make Up) Notes:

1. N/R = data for this parameter has not been reported, and will be assumed to be 0 (zero)

2. Parameters marked with an asterisk have been assumed. Please confirm these values.

3. BTEX = benzene, toluene, ethyl benzene, and xylene.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 6 of 33

2.3 Influent Water Flow Data
Flow rate, pressure and temperature required at inlet to the equipment.

Minimum Maximum
Inlet Flow Rate (gpm) 50 250
Pressure (psi) * 40 90
Temperature (°F) 40 90
Pretreatment used (if any) City Water (Cooling Tower Make Up) * Pressure must be measured under flowing conditions at the inlet to the SUEZ equipment.

2.4 Product Water Quality and Flow Data
The following performance parameters are expected upon equipment start-up, based on the data listed in the influent quality table and design sections above.

DEMINERALIZERS
Maximum Flow Rate, gpm 50-250
Conductivity at 25C, S/cm <0.5
Dissolved Silica as SiO2, ppb <20

SOFTENERS
Maximum Flow Rate, gpm 50-250
Total Hardness as CaCO3, ppm <1

2.5 Influent Water Variability
In the event that the influent water exceeds the specifications used in engineering this proposal or the water source changes, the ability of the water treatment system to produce the designed treated water quality and/or quantity may be impaired. If influent water is provided to the system, which does not meet the specifications shown above, and the equipment therefore does not meet the listed product water characteristics, the total value off any impacted asset of the contract shall be paid in full as described in this proposal. SUEZ shall endeavor to restore the full product water quality as soon as possible after the influent conditions have been restored. Any additional costs incurred by SUEZ resulting from a change in influent conditions, including, but not limited to any repair and replacement of damaged equipment and any additional costs incurred, shall be fully reimbursed to SUEZ.

2.6 Operational Basis
Percentage 95
Down time for routine maintenance such as membrane cleaning, cartridge filter change outs, and pump maintenance must be allowed. All planned maintenance outages will be discussed with the site. They will be scheduled to have minimal impact on site requirements.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 7 of 33

2.7 Waste Water Streams
The following streams are waste lines that will derive from the proposed equipment. The customer must dispose of all these streams and provide the required connections to drain as specified in Customer Scope of Supply section. Connection details of each line can be found in the SUEZ Scope of Supply section where the specification for each supplied unit is detailed.

Waste Line Flow Rate, gpm or Volume, gal Additional Comments Trailer Initial Rinse ~ 2,000 – 5,000 gal All trailers must be initially rinsed to meet effluent water specs
Trailer Final Drain ~ 2,000 – 5,000 gal All trailers must be completely drained before returned to SUEZ
Service Centers

2.8 Equipment Availability
SUEZ requires a two (2) week period notice from a technically and commercially clean order acceptance in order to prepare the equipment proposed in the SUEZ Scope of Supply section prior to dispatching it to the Customer site. We will however endeavor to expedite this. Once contract is in place, SUEZ will respond within 24 hours of customer request for trailer exchanges and services.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 8 of 33 3 Commercial Offer

3.1 Pricing Table
Pricing for the proposed equipment, consumables, and / or services is summarized in the table below. All pricing is based on the operating conditions and influent water analysis that are detailed in the Technical & Engineering Details section of this proposal. See Pricing Notes below for pricing clarification.

DEMINERALIZERS
Qty Description Price Units
Equipment Processing Charge
1 Mobile Media System (MobileFlow
Demineralizer)
$7,000.00 Per Trailer Ordered / Exchanged
*Freight Included*
1 Mobile Media System (MultiFlow - 700
Demineralizer OR MultiFlow - 6000S
Demineralizer )
$5,200.00 Per Trailer Ordered / Exchanged
*Freight Included*
1 Mobile Media System (VersaFlo
Demineralizer - SDI)
$9,020.00 Per Trailer Ordered / Exchanged
*Freight Included*
Equipment Service Charge(s) – After 7 days Free Loan -
1 Mobile Media System (MobileFlow
Demineralizer)
$350.00 Per Day / Per Trailer
*After 7 days*
1 Mobile Media System (MultiFlow - 700
Demineralizer OR MultiFlow - 6000S
Demineralizer )
$250.00 Per Day / Per Trailer
*After 7 days*
1 Mobile Media System (VersaFlo
Demineralizer - SDI)
$350.00 Per Day / Per Trailer
*After 7 days*
Minimum Term for Baseload Rates to Apply
Minimum Term: 3 (three) year
Surcharges
Refer to Appendix D
Field Service – On Site -
FSR Coverage $148.00 per hour, per person
MIN 8hr/day/person
OR 40hr/week/person
Freight
Included
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 9 of 33

SOFTENERS
Qty Description Price Units
Equipment Processing Charge
1 Mobile Media System (MobileFlow Softener) $7,500.00 Per Trailer Ordered / Exchanged *Freight Included*
1 Mobile Media System (MultiFlow - 700
Softener OR MultiFlow - 6000S Softener)
$5,500.00 Per Trailer Ordered / Exchanged
*Freight Included*
Equipment Service Charge(s) – Emergency Rate After 7 days free loan - 1 Mobile Media System (MobileFlow Softener) $350.00 Per Day / Per Trailer *After 7 days*
1 Mobile Media System (MultiFlow - 700
Softener OR MultiFlow - 6000S Softener)
$250.00 Per Day / Per Trailer
*After 7 days*
Minimum Term for Baseload Rates to Apply
Minimum Term: 3 (three) year
Field Service – On Site -
FSR Coverage $148.00 per hour, per person
MIN 8hr/day/person
OR 40hr/week/person
Freight
Included
Optional Items
Qty Description Unit Price Extended Price
1 Fire hose, 2 1/2" NST, 50' sections (3109224) $150.00 $150.00

3.2 Pricing Notes

1. No credit for partially used or unused units. Exclusive of equipment service, FSR, and freight charges.

2. Exchanges of MobileFlow or MultiFlow units during the term of the contract will also be charged at the freight rate as quoted above. Additional freight charges, including, but not limited to, expedited freight, shipment during public holidays or any special circumstances shall be charged at extra.

3. All prices quoted are in USD.

4. The customer will pay all applicable local, state, provincial, or federal taxes and duties.

5. The equipment delivery date, start date, and date of commencement of operations are to be negotiated.

6. Commercial terms and conditions shall be in accordance with Appendix C.1 of this document.

7. This proposal and the rates provided herein are subject to final site, environmental, and financial due diligence by SUEZ.

8. This proposal supersedes all previous proposals and correspondence.

9. Equipment Service Charges to commence on actual delivery date at site.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 10 of 33

10. The FSR coverage rate is to be billed for hours on site. Additional charges shall apply for standby FSR due to customer delays

11. PRICE MODIFICATION.

SUEZ WTS Services USA, Inc. shall adjust the service rates at each annual anniversary date. The anniversary date shall be based on proposal issue date. The prices shall be adjusted by the greater of: (i) 3%; or (ii) a combination of two BLS indices in which 50% of the payment amount shall be adjusted by an amount equal to the percentage increase of the Index for Chemicals and Allied Products (WPU06) plus 50% of the payment amount shall be adjusted by an amount equal to the percentage increase of the Index for Total Private Average Hourly Earnings of Production - Workers Not Seasonally Adjusted (CEU0500000008) (both indexes as reported by the US Dept. of Labor - Bureau of Labor Statistics).

All calculations shall be made using the most recent annual index values as reported by the US Dept. of LaborBureau of Labor Statistics at http://data.bls.gov/cgi-bin/surveymost?wp.

SUEZ WTS Services USA, Inc. retains the right to implement reasonable surcharges, or to adjust the service rates as applicable in the event of extraordinary cost increases for materials, parts, chemicals, etc. used in performance of the services. Customer shall adjust, or modify, the Purchase Order in a manner that adequately funds SUEZ WTS Services USA, Inc.'s continuous provision of authorized services as adjusted in accordance with these terms.

3.3 Field Service Coverage
The FSR(s) will work on site in accordance with local working time regulations. The FSR will manage their time such that they can respond to required callouts within their allowable working time. If however they are unable to complete all the required tasks within the allocated time then additional FSR cover may be required at a cost to CITY OF ROSEVILLE CALIFORNIA.

3.4 Term and Service Period
This Agreement shall enter into effect on TBD and shall continue in full force and effect until the Equipment leaves the Site (the “Term” of this Agreement).

This Agreement may be renewed prior to the expiration of the above stated Service Period by mutual agreement between the parties. Upon such renewal, all references made to the Service Period shall be deemed to include both the in the foregoing referred to initial Service Period as well as any renewal Service Periods as a whole. Notice for renewal shall be given in writing by Customer not less than seven (7) days prior to the expiration of the ongoing Service Period, otherwise the Service Period shall automatically terminate and the Equipment be returned to SUEZ in accordance with the terms and conditions of this Agreement.

3.5 Invoicing and Payment Terms
Payment terms are net 30 days from date of invoice.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 11 of 33

3.6 Conditional Offering
Customer understands that this proposal has been issued based upon the information provided by customer, and currently available to, SUEZ at the time of proposal issuance. Any changes or discrepancies in site conditions (including but not limited to system influent water characteristics, changes in environmental, health, and safety (EH&S) conditions, and/or newly discovered EH&S concerns), Customer financial standing, Customer requirements, or any other relevant change, or discrepancy in, the factual basis upon which this proposal was created, may lead to changes in the offering, including but not limited to changes in pricing, warranties, quoted specifications, or terms and conditions. SUEZ’s offering in the proposal is conditioned upon verification of Customer’s EH&S conditions, financial standings, and other information.

3.7 Insight Data Transmission
SUEZ equipment will be outfitted with InSight, a Knowledge Management Solution, for the collection of performance data from select equipment. This data enables our customers to achieve success and overcome operational challenges including avoiding operational interruptions, reducing operating and maintenance costs including chemicals and energy, and optimizing operator efficiency. In the event SUEZ’s equipment is outfitted with InSight, data transmission will occur wirelessly, requiring no communication wires, allowing quick setup and transmission of valuable operational data.(Example Below) DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 12 of 33 4 SUEZ Scope of Supply
The proposed treatment system consists of the components described in this section.

4.1.1 Mobile Media System
Model MobileFlow Demineralizer
Application / Media Type Cation/Anion/Mixed Bed
Configuration Wheel Mount
Design Data
Number of Media Tanks 6
Minimum Flow 100 gpm
Peak Flow 400 gpm
Minimum Pressure Drop 12 psi
Peak Pressure Drop 90 psi
Operating Temperature 34-110 F
Inlet Pressure 15-90 psi
Materials of Construction
Tank Exterior Carbon Steel
Tank Interior Rubber Lined
Installation and Utility Requirements
Trailer, Tank Dimensions 43' L x 8' W x 13' 6" H, 60" dia Service Inlet Connection 4" 150lb flange or 3 x 2.5" nst Service Outlet Connection 4" 150lb flange or 3 x 2.5" nst Backwash Connection
Power Required 110V/20a
Shipping Weight Estimate 58000 lbs
Operating Weight Estimate 90000 lbs
Features Included
❑ Adjustable Pressure reducing valve
❑ Isolation valves on all pressure vessels
❑ Automatic shutdown system
❑ External audible alarms
❑ Propane fueled, thermostat controlled, heating system ❑ Outlet resin trap
Order entry information
SAP Description DEMINERALIZATION,STANDARD,MF
Prep Part Number BMS1000236
Rental Part Number BMS1000522
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 13 of 33

4.1.2 Mobile Media System
Model VersaFlo Demineralizer - SDI
Application / Media Type Cation/Weak Base Anion/Strong Base Anion/Mixed Bed Configuration Wheel Mount
Design Data
Number of Media Tanks 20
Minimum Flow 100 gpm
Peak Flow 400 gpm
Minimum Pressure Drop 12 psi
Peak Pressure Drop 90 psi
Operating Temperature 34-120 F
Inlet Pressure 50-100 psi
Materials of Construction
Tank Exterior Fiberglass
Tank Interior Epoxy
Installation and Utility Requirements
Trailer, Tank Dimensions 48' L x 8.6' W x 12' 8" H, 36" dia Service Inlet Connection 3" or 4" 150lb flange
Service Outlet Connection 3" or 4" 150lb flange
Backwash Connection
Power Required 110V/15a
Shipping Weight Estimate 49000 lbs
Operating Weight Estimate 80000 lbs
Features Included
❑ Adjustable Pressure reducing valve
❑ Isolation valves on all pressure vessels
❑ Automatic shutdown system
❑ Outlet resin trap
Order entry information
SAP Description DEMIN,STANDARD,VERSAFLO-16
Prep Part Number BMS1000502
Rental Part Number BMS1000678
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 14 of 33

4.1.3 Mobile Media System
Model MultiFlow - 6000S Demineralizer
Application / Media Type Cation/Anion/Mixed Bed
Configuration Skid Mounted
Design Data
Number of Media Tanks 4
Minimum Flow 75 gpm
Peak Flow 225 gpm
Minimum Pressure Drop 16 psi
Peak Pressure Drop 55 psi
Operating Temperature 34-119 F
Inlet Pressure 15-90 psi
Materials of Construction
Tank Exterior Carbon Steel
Tank Interior Rubber Lined
Installation and Utility Requirements
Skid, Tank Dimensions 28' L x 8' W x 13' 6" H, 60" dia
Service Inlet Connection 2.5" nst
Service Outlet Connection 2.5" nst
Backwash Connection
Power Required 110V/20a
Shipping Weight Estimate 34600 lbs
Operating Weight Estimate 42200 lbs
Features Included
❑ Adjustable Pressure reducing valve
❑ Isolation valves on all pressure vessels
❑ Automatic shutdown system
❑ External audible alarms
❑ Propane fueled, thermostat controlled, heating system ❑ Outlet resin trap
Order entry information
SAP Description DEMIN, MIXED-BED,MF6000
Prep Part Number BMS1000271
Rental Part Number BMS1000553
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 15 of 33

4.1.4 Mobile Media System
Model MultiFlow - 700 Demineralizer
Application / Media Type Cation/Anion/Mixed Bed
Configuration Skid Mounted
Design Data
Number of Media Tanks 4
Minimum Flow 75 gpm
Peak Flow 250 gpm
Minimum Pressure Drop 16 psi
Peak Pressure Drop 65 psi
Operating Temperature 34-119 F
Inlet Pressure 15-90 psi
Materials of Construction
Tank Exterior Carbon Steel
Tank Interior Rubber Lined
Installation and Utility Requirements
Skid, Tank Dimensions 45' L x 8' W x 12' 6" H, 60" dia
Service Inlet Connection 2.5" nst
Service Outlet Connection 2.5" nst
Backwash Connection
Power Required 110V/20a
Shipping Weight Estimate 45000 lbs
Operating Weight Estimate 53000 lbs
Features Included
❑ Adjustable Pressure reducing valve
❑ Isolation valves on all pressure vessels
❑ Automatic shutdown system
❑ External audible alarms
❑ Outlet resin trap
Order entry information
SAP Description DEMIN,STANDARD,MF700
Prep Part Number BMS1000296
Rental Part Number BMS1000578
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 16 of 33

4.1.5 Mobile Media System
Model MobileFlow Softening
Application / Media Type Cation - Sodium Form
Configuration Wheel Mount
Design Data
Number of Media Tanks 6
Minimum Flow 100 gpm
Peak Flow 600 gpm
Minimum Pressure Drop 12 psi
Peak Pressure Drop 90 psi
Operating Temperature 34-110 F
Inlet Pressure 15-90 psi
Materials of Construction
Tank Exterior Carbon Steel
Tank Interior Rubber Lined
Installation and Utility Requirements
Trailer, Tank Dimensions 43' L x 8' W x 13' 6" H, 60" dia Service Inlet Connection 4" 150lb flange or 3 x 2.5" nst Service Outlet Connection 4" 150lb flange or 3 x 2.5" nst Backwash Connection
Power Required 110V/20a
Shipping Weight Estimate 58000 lbs
Operating Weight Estimate 90000 lbs
Features Included
❑ Adjustable Pressure reducing valve
❑ Isolation valves on all pressure vessels
❑ Automatic shutdown system
❑ External audible alarms
❑ Propane fueled, thermostat controlled, heating system ❑ Outlet resin trap
Order entry information
SAP Description SOFTENING,MF
Prep Part Number BMS1000235
Rental Part Number BMS1000521
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 17 of 33

4.1.6 Mobile Media System
Model MultiFlow - 6000S Softener
Application / Media Type Cation - Sodium Form
Configuration Skid Mounted
Design Data
Number of Media Tanks 3
Minimum Flow 75 gpm
Peak Flow 225 gpm
Minimum Pressure Drop 16 psi
Peak Pressure Drop 55 psi
Operating Temperature 34-119 F
Inlet Pressure 15-90 psi
Materials of Construction
Tank Exterior Carbon Steel
Tank Interior Rubber Lined
Installation and Utility Requirements
Skid, Tank Dimensions 28' L x 8' W x 13' 6" H, 60" dia
Service Inlet Connection 2.5" nst
Service Outlet Connection 2.5" nst
Backwash Connection
Power Required 110V/20a
Shipping Weight Estimate 34600 lbs
Operating Weight Estimate 42200 lbs
Features Included
❑ Adjustable Pressure reducing valve
❑ Isolation valves on all pressure vessels
❑ Automatic shutdown system
❑ External audible alarms
❑ Propane fueled, thermostat controlled, heating system ❑ Outlet resin trap
Order entry information
SAP Description SOFTENING,MF6000
Prep Part Number BMS1000277
Rental Part Number BMS1000559
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 18 of 33

4.1.7 Mobile Media System
Model MultiFlow - 700 Softener
Application / Media Type Cation - Sodium Form
Configuration Skid Mounted
Design Data
Number of Media Tanks 4
Minimum Flow 75 gpm
Peak Flow 250 gpm
Minimum Pressure Drop 16 psi
Peak Pressure Drop 65 psi
Operating Temperature 34-119 F
Inlet Pressure 15-90 psi
Materials of Construction
Tank Exterior Carbon Steel
Tank Interior Rubber Lined
Installation and Utility Requirements
Skid, Tank Dimensions 45' L x 8' W x 12' 6" H, 60" dia
Service Inlet Connection 2.5" nst
Service Outlet Connection 2.5" nst
Backwash Connection
Power Required 110V/20a
Shipping Weight Estimate 45000 lbs
Operating Weight Estimate 53000 lbs
Features Included
❑ Adjustable Pressure reducing valve
❑ Isolation valves on all pressure vessels
❑ Automatic shutdown system
❑ External audible alarms
❑ Outlet resin trap
Order entry information
SAP Description SOFTENING,MF700
Prep Part Number BMS1000303
Rental Part Number BMS1000585
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 19 of 33 5 Customer Scope of Supply
All delivery or services not specified in the SUEZ Scope of Supply are included in the Customer Scope of Supply.

5.1 Safety and Environmental
❑ First aid and emergency medical response
❑ Eyewash and safety showers in the water treatment area ❑ Chemical spill response
❑ Security and fire protection systems per local codes
❑ Environmental use and discharge permits for all chemicals/waste water streams at the customer facility either listed in this document or proposed for use at a later date ❑ Any special permits required for SUEZ or Customer employees to perform work related to the water treatment system at the facility
❑ All site testing, including soil, ground and surface water, air emissions, etc. ❑ Disposal of all solid and liquid waste from the SUEZ System ❑ The Customer will identify and inform SUEZ personnel of any hazards present in the work place that could impact the delivery of SUEZ’s scope of supply and agrees to work with SUEZ to remove, monitor, and control the hazards to a practical level.
❑ The Customer will provide training to SUEZ’s personnel on all relevant and standard company operating procedures and practices for performing work on site. Such training programs may include, but are not limited to, general environmental health and safety (EHS), HAZOP, fire protection, drug testing, incident notice, site conduct, standard first aid, chemical receiving, electrical safety, etc. Customer will provide a certificate of training for SUEZ personnel. This program will be fully documented, training materials will be provided, and attendance list will be kept.

5.2 Jobsite and Installation Review
❑ Review of SUEZ supplied equipment drawings and specifications ❑ Overall plant design, detail drawings of all termination points where SUEZ equipment or materials tie into equipment or materials supplied by others
❑ All easements, licenses and permits required by governmental or regulatory authorities in connection with the supply, erection and operation of the system ❑ All applicable civil design and works, including any building, site preparation, grading, excavations, foundations, and trenches and accessories
❑ All electrical labor and supplies leading up to and from the jobsite and between equipment, including power supplies and cables, control cables, fittings, conduit, supports, cable trays, wire and hardware, and air conditioned panels as required for installation and ongoing operations ❑ All labor and supplies leading up to and from the jobsite and between equipment, including fittings, conduit, supports, cable trays, wire and hardware required to appropriately ground / earth the equipment as required for installation and ongoing operations ❑ All mechanical labor and supplies leading up to and from the jobsite including connecting and interconnecting piping, heat tracing or winterization of equipment (if required), fittings, conduit, pipe supports, and hardware as required for installation and ongoing operations ❑ All instrumentation, control and automatic pneumatic valves including, but not limited to, air / sample line tubing, fittings, conduit, supports, isolating valves leading up to jobsite and between SUEZ-supplied skids and hardware as required for installation and ongoing operations DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 20 of 33 ❑ Loading, unloading, lifting, positioning and transportation of the equipment and materials required for SUEZ to perform the duties outlined in the SUEZ Scope of Supply to the jobsite and/or warehouse
❑ All access structures (scaffolding) and mechanical lifting equipment (cranes, forklifts, and scissor lifts)
❑ Providing a suitable site/shelter for the placement of the proposed equipment, either inside appropriate housing, or outdoors. Note: electrical equipment, including the PLC, may require airconditioned rooms to prevent overheating of sensitive electronic equipment, depending on climatic conditions.
❑ Bulk chemical storage and tanks, including secondary containment in accordance with local codes ❑ Timely disposal of unused chemicals
❑ Receiving, off-loading, logging, and storing all chemicals and materials in accordance with Manufacturer’s recommendation that are shipped to the site ❑ Compressed, oil and grease free instrument air for pneumatic valves and instruments ❑ Equipment anchor bolts if required.
❑ Telephone / fax / modem access for SUEZ staff while on site if required. ❑ Laboratory services, operating and maintenance personnel during equipment check out, start-up and operation if required.
❑ Any customer supplied hosing, interconnections, pipework must be suitable for operating pressures of up to 10 bar (145 psi).
❑ Pressure relief valving upstream of SUEZ equipment to stop pressure spikes (water hammer) from closing / stopping of downstream valves / pumps. SUEZ can supply this if requested.

5.3 Start-Up, Commissioning, and De-Commissioning
❑ Verification of removal of all residual debris from construction ❑ Provide an uninterrupted influent water and electrical supply to SUEZ for approximately 2 days in order to allow the commissioning of the supplied equipment ❑ Supply raw materials, chemicals and utilities during start-up and operation ❑ Telephone / fax / modem access for SUEZ staff while on site if required. ❑ Laboratory services, operating and maintenance personnel during equipment checkout, start-up and operation
❑ Provide an uninterrupted influent water and electrical supply to SUEZ for approximately 2 days in order to allow the decommissioning of the supplied equipment ❑ Provide compressed air and electricity in order to power site tools during installation assembly DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 21 of 33

5.4 Facility Management
❑ Warehouse storage space and facilities, as are available at the site, and are reasonably appropriate to store parts, consumables, tools, etc. in accordance with manufacturers’ recommendations. Such warehouse storage space will be a segregated area, secured and protected from adverse climate as may be reasonably required. Customer will be responsible for risk of loss of SUEZ’s parts while in storage at the site. Customer will maintain SUEZ’s parts stored at the site free and clear of any and all liens of Customer and Customer’s lenders, bondholders, contractors, and other creditors of any nature.
❑ Free access and egress of the facility for all authorized work for SUEZ staff ❑ Workshop facilities with standard workshop tools and equipment, as is reasonably appropriate, that are necessary to meet the repair and maintenance requirements of the system. Such equipment includes, but is not limited to, benches, vices, drill press, electric saws, hand tools, power tools, pneumatic tools, etc.
❑ All access structures (scaffolding) and mechanical lifting equipment (cranes, forklifts, and scissor lifts)
❑ Provide a location with suitable load bearing at Customer’s facilities required for the Equipment and the operation thereof in its usual and customary manner and in such a way as to permit SUEZ to furnish the Service
❑ Adequate illumination and emergency lighting for all areas in which SUEZ staff will be executing the scope of supply
❑ Equipment for movement of chemical drums, totes, and resin, as is reasonable ❑ All site utilities such as raw water at appropriate pressure and flow rate, instrument quality air, potable water, and power required for operation of the proposed equipment included in this scope of supply as specified by SUEZ in this Agreement
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 22 of 33 Appendix A. Acceptance
A.1 How to Place an Order
To ensure accurate and prompt order entry, product delivery, billing and accounts receivable processing, please ensure your Purchase Order contains the following information:

1. Legal Entity: Please identify SUEZ WTS Services USA, Inc. as the ‘Seller’ on any Purchase Order(s).

2. Submit: SUEZ requires a hard copy of the PO with full customer and order details – by postal mail, email, or fax. Communicate your PO to our central order processing department at:

E-Mail: [email protected]
Fax: (757) 855-9631
Postal Mail: SUEZ WTS Services USA, Inc.
4545 Patent Road
Norfolk, VA 23502
USA

3. Details: Ensure your Purchase Order contains the following information:
a. Proposal Number: Please reference the Proposal # 475721AMC, REV4 dated 06/21/2022, in any purchase orders.
b. Quantity with units of measure (UOM) needs to be stated for each item listed in the PO. c. Unit Price and / or Total Price need to be stated alongside the information so that the Purchase Order can be cross checked against any proposal detail. d. Delivery Location (Ship-to Address): Please clearly define the delivery location. e. Delivery Date: Please include your requested delivery date in your PO. Upon receipt of the PO the requested delivery date will be reviewed, if that date is achievable based upon current factory loading it will be confirmed back to you via the confirmation information indicated on your PO, if the requested delivery date is not achievable a representative will contact you to discuss how to proceed. If a delivery date is not included in your PO the next available production capacity will be utilized and confirmed back to you.

4. Execute: Please sign and date below and include this page with your purchase order. Upon acceptance of the PO, SUEZ will sign and date this page and return it to CITY OF ROSEVILLE CALIFORNIA.

For:

CITY OF ROSEVILLE CALIFORNIA
Name: ____________________________
Signature: _________________________
Date: _____________________________
For:

SUEZ WTS Services USA, Inc.

Name: ____________________________
Signature: _________________________
Date: _____________________________
Legal Entity: SUEZ WTS Services USA, Inc.
4545 Patent Road
Norfolk, VA 23502
USA
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 23 of 33 6 Invoicing and Remittance

6.1 Preferred Invoice Delivery Method
To ensure prompt invoice handling, please indicate your preference:
o Receive invoices by Postal Mail Service
o Upload invoices to portal or send via email
For Postal Mail submission, please provide all of this information:

Name of Recipient
Job Title of Recipient
Telephone Number of Recipient
Email Address of Recipient
Company
Operations Specific Site Name
Address Line 1
Address Line 2
City
State
Zip Code
For Portal Upload or Email submission, please provide all of this information:

Instructions For Portal Upload, please attach instructions Web Link Address
Name and Job Title of Help
Contact
Email Address of Help Contact
Telephone Number of Help
Contact
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 24 of 33

6.2 Invoice Processing
Please provide all information requested below.

Operation Lead, Engineer, Buyer who specified product and approves invoice for payment Person’s Full Name
Person’s Title
City
Email Address
Telephone Number
Accounts Payable Administrative Contact
Person’s Full Name
Person’s Title
City
Email Address
Telephone Number
Person who “codes” or “links” invoice to PO, department, or category Person’s Full Name
Person’s Title
City
Email Address
Telephone Number
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 25 of 33

6.3 Remittance of Payments
In an effort to continuously serve you better, SUEZ would like to request your assistance for the following.

Checks – please include all remittance details for payment, including invoice numbers and amounts, to the following lockbox:

SUEZ WTS Services USA, Inc.

P.O. Box 418930
Boston, MA 02241-8930
EFT – please send all remittance details for payments, including invoice numbers and amounts, to shd[email protected] and include customer name and remit to total in the email subject line.

Additionally, please inform us at [email protected] for any of the following important changes:
• Name, address, or contact information changes for your business • Tax status changes, along with any relevant supporting forms • Changes to how invoices are received, including location, method, and instructions

6.4 Future purchase Orders
Please do not change payment terms on any future purchase orders. Please reflect the payment terms outlined in the contact / proposal signed by the two parties. Altered payment terms will not be honored.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 26 of 33 Appendix B. Definitions
As used in this Agreement the terms below shall have the meanings as described below.

B.1 General Definitions
Agreement shall mean the terms and conditions contained in this Proposal, including its Attachments as a whole
Delivery and
Removal Charge
The rate specified, usually cost per mile, to deliver and remove the SUEZ unit from the Customer’s location. For either delivery or removal, the cost is computed based upon the distance from the SUEZ service center to the Customer’s location and the same mileage from the Customer’s location to the SUEZ service center (round trip).

Effluent Water shall mean the treated water delivered from the Equipment to Customer’s storage tank or point of use, resulting from the treatment of Influent Water under the terms and conditions of this Agreement
Equipment shall mean the mobile treatment equipment as further detailed in the SUEZ Scope of Supply section of this proposal
Field Service
Representative
An employee of SUEZ who has been professionally trained to operate and maintain SUEZ’s equipment. This employee is also able to provide a wide array of analytical services with SUEZ supplied instruments Influent Water shall mean Customer’s influent water or fluids to be provided by Customer at the inlet of the Equipment, and subject to treatment under the terms and conditions of this Agreement
Minimum
Processing Charge
A minimum fee, per unit delivered, generally exclusive of Field Service Representative, service, and delivery and removal charges, that applies when the processing charge is expressed as a cost per 1,000 gallons or other unit of volume. The minimum covers mobilization and preparation of the unit and is charged only when gallons processed times the processing charge yield less than the stated minimum.

Mobilization Charges Price charged for the supply of project specific equipment required for the operation of the water treatment plant.

Preparation Charge A fee charged for labor and materials to prepare equipment to meet specific Customer requirements. May also be identified as a Set-up Charge.

Processing Charge A fee charged for the processing of a fluid through equipment supplied by SUEZ. This fee may be expressed as a cost per unit of volume, cost per unit delivered, or cost per day, week, or month.

Service Center A location where SUEZ provides services including resin regeneration, fleet storage, analytical services, sales support and technical support.

Service Charge A fee imposed, usually hourly, daily or monthly, for the use of SUEZ’s fluid treatment equipment. Service Charges commence upon arrival at customer’s site unless otherwise specified.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 27 of 33 Services shall mean the overall services to be provided by SUEZ, as consisting of the deployment and provision of the Equipment and corresponding processing services relating to the treatment of Influent Water as further detailed in the SUEZ Scope of Supply section
Site shall mean Customers premises at

CITY OF ROSEVILLE CALIFORNIA
ROSEVILLE, CA United States
Surcharge A temporary fee charged to recover unusual increase in cost of production or distribution materials. The fee is based on a sliding scale index.

Unit/System/
Equipment
Generally referred to as a piece or array of fluid treatment equipment, which may be of either mobile or fixed-base design.

Waste Water shall mean the waste generated from the Equipment to Customer’s drain resulting from the treatment of influent water.

B.2 Field Service Representative Charges
Per Hour When required or requested by the Customer, SUEZ will bill the Customer for all hours worked by the Field Service Representative while on-site at the Customer’s location. Unless otherwise specified, a minimum of eight (8) hours per 24-hour day will be charged while the Field Service Representative is engaged by the Customer, whether the Field Service Representative is required to report to the Customer’s location, or remain in the local area on stand-by. A daily log sheet is provided by SUEZ for the Customer’s use in accounting for hours worked or charged for. The hourly rate is the same for straight time, overtime, holidays, or weekends.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 28 of 33 Appendix C. Conditions of Contract and Warranties
SELLER:

SUEZ WTS Services USA, Inc.
4545 Patent Road
Norfolk, VA 23502
USA
BUYER:

CITY OF ROSEVILLE CALIFORNIA
5120 PHILLIP RD
ROSEVILLE, CA 95747-9116
As used in the Terms and Conditions, the term “Goods” shall mean materials as outlined in the SUEZ WTS Services USA, Inc. Scope of Supply section of this proposal.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 29 of 33 C.1 Attachment 1 - Terms and Conditions of Contract
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 30 of 33 Appendix D. Surcharge Table
Caustic Surcharge- Current Rate To Be Provided Upon Request Published Price*
$/Ton F.O.B. Terminal
Membrane Cell Caustic
Surcharge per Unit
Ordered VersaFlo®
Surcharge per Unit Ordered
MobileFlow®
Surcharge per Unit
Ordered MultiFlow®
#60000S
$399 or Less $ -- $ -- $ --
$400-$449 $71.00 $ 50.00 $ 35.00
$450-$499 $157.00 $ 110.00 $ 75.00
$500-$549 $242.00 $ 170.00 $ 115.00
$550-$599 $327.00 $ 230.00 $ 155.00
$600-$649 $412.00 $ 290.00 $ 195.00
$650-$699 $498.00 $ 350.00 $ 235.00
$700-$749 $583.00 $ 410.00 $ 275.00
$750-$799 $668.00 $ 470.00 $ 315.00
$800-$849 $753.00 $ 530.00 $ 355.00
$850-$899 $838.00 $ 590.00 $ 395.00
$900-$949 $923.00 $ 650.00 $ 435.00
$950-$999 $1,010.00 $ 710.00 $ 475.00
$1000-$1049 $1,094.00 $ 770.00 $ 510.00
$1050-$1099 $1,179.00 $ 830.00 $ 550.00
$1100-$1149 $1,264.00 $ 890.00 $ 585.00
$1150-$1199 $1,349.00 $ 950.00 $ 625.00
$1200-$1249 $1,435.00 $ 1010.00 $ 665.00
* Surcharges are determined by current published prices provided by IHS Markit for membrane grade caustic. This information can be provided upon request. The caustic surcharge will be determined by the market price at Chicago, IL, effective on the first day of the month in which the service is provided.

DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 31 of 33 Appendix E. Field Service Support
E.1 Customer Operated Jobs*
When contracting for a SUEZ water treatment system without the services of a SUEZ Field Service Representative (FSR), the customer will be responsible to verify several parameters upon delivery of the equipment, including but not limited to:
• The equipment is secure and in good working order
• The shutdown features and alarms are activated and functioning • Operating parameters are within the specific limits
• And the effluent water quality meets the required specifications After verification of the above parameters and commencement of operation, water quantity and quality issues are the customer’s responsibility.

SUEZ services include:
• Guaranteed effluent water quality upon equipment delivery • 24 hour, 365 day per year technical assistance from SUEZ’s Logistics and Customer Service departments
• Emergency back-up equipment
• Emergency replacement parts
• Written equipment start-up and operational procedures • Training for the operators
Customer responsibilities include:
• Daily operating labor
• Effluent water quality and quantity monitoring
• FSR transportation, labor, and per diem for all service calls • Daily equipment readings
• Transmission of equipment readings to SUEZ’s Logistics department • Routine maintenance and repair labor
• Instrument calibration
Daily housekeeping
• Maintain influent water within the specified parameters • Site access and security
• Site suitable for water treatment equipment
• Emergency first aid
Optional services available: Services of a SUEZ FSR, trained in water treatment theory and operation by SUEZ, are available at the request of the customer to:
• Provide equipment installation assistance and start-up services • Operate and monitor equipment performance to guarantee effluent water quality and quantity • Manage water inventory
• Provide repair services
• Troubleshoot problems
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 32 of 33 To increase FSR coverage, schedule service, order equipment, or request technical or field assistance, contact SUEZ:

In the US: (757) 855-9000 or US toll-free (800) 446-8004 In the EU: +800 4300 0043
In the ANZ: +1800 064 140
For other countries: +44 (0) 1733 394555
Daily readings can be faxed to SUEZ’s Logistics department:

In the US: (757) 855-1478
In the ANZ: +1800 648 530
For other countries: +44 (0) 1733 390179
* Customer operated applies when the customer has not contracted for scheduled FSR site visits.

E.2 Mobile Equipment Maintenance Requirements
The following tables contain the standard maintenance requirements for EMEA Mobile equipment. The frequencies are a guideline and may require adjustment depending on customer water quality or other environmental conditions.

These tasks should be completed either by SUEZ Field Service Representatives or customer assigned operators. Delegation of the tasks will depend on the level of FSR cover included in the service package.

E.2.1 MobileFlow Equipment
All Demineralizers
Standard Operations Tasks
Task Frequency Time for task
Take and record Equipment Readings (flows &
pressures)
3 times every 8 hours 5 minutes
Complete issued Readings Spreadsheets and
transmit to Mobile Service or upload to Insight
Data Portal
Once per day 30 minutes
Take and record Feed water Conductivity Reading 1 time every 8 hours 5 minutes Take and record Feed water CO2 Reading 1 time every 8 hours 5 minutes Take and record product water silica using
Spec20
1 time every 8 hours 20 minutes
Check/Change Product Filter Bag Check Weekly
Change >0.5 Bar DP or
monthly
10 minutes
All Demineralizers
Standard Maintenance Tasks
Task Frequency Time for task
Calibrate Anion & Mixed Bed Vessels Conductivity
Probe
Every 3 Months 30 minutes
Complete issued Readings Spreadsheets and
transmit to Mobile Service
Once per day 30 minutes
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A Proposal for the Roseville Energy Park
Proposal # 475721AMC, REV4, 06/21/2022. Valid until 07/21/2022 Page 33 of 33 All Softeners
Standard Operations Tasks
Task Frequency Time for task
Take and record Equipment Readings (flows &
pressures)
3 times every 8 hours 5 minutes
Complete issued Readings Spreadsheets and
transmit to Mobile Service or upload to Insight
Data Portal
Once per day 30 minutes
Take and record Feed Water Conductivity
Reading
1 time every 8 hours 5 minutes
Take and record feed and product water hardness
level
3 time every 8 hours 5 minutes
All Softeners
Standard Maintenance Tasks
Task Frequency Time for task
Product Filter Bag Change >0.5 Bar DP or
monthly
15 minutes
Calibrate Anion and Mixed Bed Vessels
Conductivity Probe
Every 3 months 30 minutes
Complete Issued Readings Spreadsheets and
transmit to Mobile Service
Once per day 30 minutes
E.3 Common System Work Totals
System Total Daily Cover
Required (hours)
Daily Customer Time
with Daily FSR Visit
(hours)
Daily Customer Time
with Weekly FSR Visit
(hours)
MobileFlow Demin 2.25 1.5 2.25
Reverse Osmosis (240
2 Pass)

3.95 1.5 3.9
2PRO>MFDI 6.2 3 5.15
MobileFlow Filter 5 2.95 5
MF Filter>RO 8.95 4.45 8.95
MF Filter>RO>MFDI 10.55 15.95 16.2
Assumptions:
• Cover estimations are based on a 24 hour period
• Tasks not completed simultaneously
• Long term maintenance is based on best case and averaged out per day • Filter is assumed to have a complete backwash per day • Task duration times are based on execution by an experienced SUEZ Field Service Engineer carrying them out
DocuSign Envelope ID: ECA7877E-74C0-47CA-B65E-86EF5C8B309A

COUNCIL COMMUNICATION
CC #: 2261
File #: 0900-02
Title:

Downtown Water Mains Replacement Project – Hillcrest Neighborhood - Notice of Completion
Contact: Janice Gainey 916-774-5535 [email protected] Meeting Date: 8/17/2022
Item #: 6.7.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt the attached resolution accepting the Downtown Water Mains Replacement Project – Hillcrest Neighborhood (Project #500094) as complete and authorizing the Environmental Utilities Director to execute the Notice of Completion.

BACKGROUND
An analysis of maintenance history, flow capacity limitations, and age of the water distribution pipelines in the Roseville downtown area identified the need for mainline replacements and upsizing. The scope of this project included Design-Assistance and Construction of approximately 20,315 feet of 8-inch and 12-inch water mains and associated appurtenances. The project area is shown in the Notice of Completion.

On February 3, 2021, City Council awarded a Design-Assist Construction Contract to A. Teichert & Sons Inc. dba Teichert Construction after a competitive proposal process.

The City’s Environmental Utilities Department (EUD) completed final inspection of the project on July 7, 2022, and found the work to be completed in accordance with the improvement plans and specifications, punch list items are complete, and is now ready for acceptance.

FISCAL IMPACT
A Design-Assist Construction Contract was awarded to Teichert Construction in the amount of $6,995,535. City Council also approved an allowance to pay contract change orders of up to 10% of the value of the contract ($699,554), for a not-to-exceed total of $7,695,089. There were a total of five negotiated change orders during construction and one allowance item was found not to be needed. Final contract value is $7,066,478.95.

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 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 F - Invest in well-planned infrastructure and growth Respectfully Submitted,
Janice Gainey, Senior Engineer
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 22-324
Notice of Completion and Vicinity Map
RESOLUTION NO. 22-324

ACCEPTING THE PUBLIC WORK KNOWN AS THE DOWNTOWN WATER MAINS REPLACEMENT PROJECT – HILLCREST NEIGHBORHOOD, APPROVING THE “NOTICE OF COMPLETION”, AND AUTHORIZING THE ENVIRONMENTAL UTILITIES

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 Downtown Water Mains Replacement Project – Hillcrest Neighborhood, has been approved and the public work accepted.

2. The Environmental Utilities 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 , 20 , 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.

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COUNCIL COMMUNICATION
CC #: 2259
File #: 0900-02-02-2
Title:

Pleasant Grove Wastewater Treatment Plant Expansion Project - Change Order Authority Increase
Contact: Tracie Mueller 916-774-5688 [email protected] Meeting Date: 8/17/2022
Item #: 6.8.

RECOMMENDATION TO COUNCIL
Staff recommends that City Council authorize the Environmental Utilities Director or his designee to approve and pay for contract change orders for the Design-Assist and Construction Agreement for the Pleasant Grove Wastewater Treatment Plant Expansion Project with W.M. Lyles Company that could increase the original contract amount of $54,400,000 by no more than 10%, or $5,440,000, up to a not-to-exceed total contract amount of $59,840,000.

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. W.M. Lyles received the Notice to Proceed on November 13, 2019. Construction of the PGWWTP Expansion Project was expected to be completed June 20, 2022; however, based on the Contractor’s progress, it is currently estimated that the project completion is now June 2023.

The City Council approved and awarded the Design-Assist and Construction Agreement to W.M.

Lyles Company for the Project in the amount of $54,400,000 (Attachment A). In addition, the City Council authorized the Environmental Utilities Director or his designee to approve and pay for contract change orders for the Project that could increase the contract amount by no more than 5% or $2,720,000.

The current approved change orders on the Project total $215,816; however, the lump sum change orders to be processed are approximately $1,000,000, and it is anticipated that the existing time and material change order work will be approximately $500,000. It is expected that the total change orders will continue to increase over the next 11 months of construction and could soon exceed the approved 5% allowance; therefore staff recommends increasing the change order allowance from 5% to 10% to assure there is enough contract allowance to complete this Project.

The cause of the Project construction changes is based on many factors including material suppliers issues, inefficiencies, City staff requested changes due to lessons learned or technology changes, City standards updates, unknown factors prior to construction, clarifications to the design documents, and other recommended improvements or negotiations related to the construction through the design-assist construction process.

FISCAL IMPACT
The cost for the agreement is $54,400,000 and any approved change orders will be expended over a 41-month period. Funding for this Project is provided under the capital improvement projects for South Placer Wastewater Authority (SPWA). The SPWA Board has authorized the Project and adequate budget to fund the requested increase in change order allowance from $2,720,000 to $5,440,000. This project is funded by the SPWA through regional wastewater connection fees collected by the Regional Partners (approximately 65% City of Roseville, 11% Placer County and 24% 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 design-assist and construction agreement contract change order allowance 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 22-322
Attachment A - Fully ExecutedAgreement Part One
Attachment A - Fully ExecutedAgreement Part Two
RESOLUTION NO. 22-322

APPROVING CHANGE ORDER AUTHORITY
WHEREAS, a Design-Assist and Construction Agreement for the Pleasant Grove Wastewater Treatment Plant Expansion Project (“Project”) with W.M. Lyles Co. was approved by City Council in November 6, 2019; and
WHEREAS, at that time, staff was authorized to approve and pay for change orders up to five percent (5%) of the original amount of $54,400,000, or $2,720,000; and WHEREAS, the current approved change orders on the Project total less than that, however, pending change orders and existing time and material change order work are anticipated to be in excess of that authority; and
WHEREAS, the cause of the Project construction changes is based on many factors including material suppliers issues, inefficiencies, City staff requested changes due to lessons learned or technology changes, City standards updates, unknown factors prior to construction, clarifications to the design documents, and other recommended improvements or negotiations related to the construction through the design-assist construction process.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that the City Manager or the Environmental Utilities Director 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 original amount of $54,400,000, or $5,440,000.

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
~
RosE11LLE

CALIFORNIA
City Clerk
311 Vernon Street
Roseville, California 95678-2649
November 7, 2019
W.M. Lyles Company
PO BOX4377
Fresno, CA 93744
RE: DESIGN-ASSIST & CONSTRUCTION AGREEMENT - Pleasant Grove Wastewater Treatment Plant Expansion Project
At the Roseville City Council meeting of November 6, 2019, the Roseville City Council approved the above referenced agreement between you and the City.

Enclosed please find a fully executed agreement and a certified copy of Resolution Number 19-474.

If you have any questions, please contact Senior Engineer Tracie Mueller at 916- 774-5688.

SONIA OROZCO, MMC

CITY CLERK
By:
•'"'- f2.. . _ I n 1 .11 ~ [oA, 'ff f2) (/\,llAJVV ----- Cary Busterna
City Clerk Technician
cc: Tracie Mueller/ Environmental Utilities
(916) 774-5263 • (916) 786-9175 F4X • (916) 774-5220 mo • www.roseville.ca.us

AGREEMENT FOR THE DESIGN-ASSIST AND CONSTRUCTION OF
Pleasant Grove Wastewater Treatment Plant Expansion Project THIS AGREEMENT, made and entered into in duplicate, on QoYe fY\ ber- ~ 2019, by and between the CITY OF ROSEVILLE, a municipal corporation and located in Placer County, CA (hereinafter referred to as "City"), and W. M Lyles Co. (Lyles) (CSLB License #422390 A and B), doing business as a California corporation, hereinafter referred to as "Contractor").

RECITALS
WHEREAS, the City gave published NOTICE TO GENERAL CONTRACTORS requesting Statements of Pre-Qualifications ("SOPQ") to be submitted by April 1, 2019 for consideration by the City to become a Pre-Qualified Contractor approved by the City to submit a Bid Proposal for the design-assist and construction of the Pleasant Grove Wastewater Treatment Plant Expansion Project; and WHEREAS, Contractor, pursuant to the provisions of said notice requesting Statements of PreQualifications, submitted an SOPQ to the City and such SOPQ is included in this Agreement and made a part hereof as Exhibit A; and
WHEREAS, the City, based on the representations and statements made by Contractor in its SOPQ, approved the Contractor as a Pre-Qualified Contractor which allowed Contractor to submit a Bid Proposal for the design-assist and construction of the Pleasant Grove Wastewater Treatment Plant Expansion Project; and
WHEREAS, the City issued Request for Bid Proposals ("RFBP") to the approved list of PreQualified Contractors to be submitted by July 29, 2019 to allow for the City to determine the best value ranking of all responsive and responsible Proposals using all technical. information, required forms, cost information provided by Proposers in the Proposals, and other investigations by the City; and WHEREAS, the Contractor, pursuant to the requirements of the City's RFBP submitted a Bid Proposal for the design-assist and construction of the Pleasant Grove Wastewater Treatment Plant Expansion Project and such Technical Bid Proposal is included in this Agreement and part hereof as Exhibit B;and
WHEREAS, the City, after an evaluation of all opened Bid Proposals, ranked the Contractor's Bid Proposal as the highest ranked and best value Bid Proposal, and after final negotiations with Contractor, issued a written Notice of Intent to award a Contract to the Contractor on Od·c:bef: :::>} , 2019 for the design-assist and construction of the Pleasant Grove Wastewater Treatment Plant Expansion Project; and WHEREAS, at a regular meeting of the City Council held on the ~day of tJ OvtmW, 2019 by Resolution ~11-~ the City Council found and declared the Bid Proposal of Contractor to be the highest ranked best value Bid Proposal and thereupon awarded this Agreement to the Contractor for the construction of the Pleasant Grove Wastewater Treatment Plant Expansion Project; and WHEREAS, the Contractor is ready, willing and able to perform the aforementioned services required in accordance with the terms and conditions of this Agreement; and NOW, THEREFORE, the City and Contractor agree as follows:

PGWWTP Expansion Project Agreement - Page 1
ARTICLE 1 - DEFINITIONS OF LANGUAGE USED, WORDS AND TERMS Where used in the Contract Documents, the following words and terms shall have the meanings indicated.

The meanings shall be applicable to the singular, plural, masculine and feminine of the words and terms.

The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect to authorize an exercise of professional judgment by the City, Construction Manager or Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect are used to describe an action or determination of the City, Construction Manager or Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term is not intended to and shall not be effective to assign to City, Construction Manager or Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority contrary to the other provisions of the Contract Documents.

Specification Section Paragraphs entitled "Section Includes" summarize briefly what is generally included in the section. Requirements of Specifications are not limited by "Section Includes" paragraphs.

Specifications and Drawings have been partially streamlined by intentionally omitting words and phrases, such as "the Contractor shall," "in conformity therewith," "shall be" following "as indicated," "a," "an," "the" and "all." Phrase "by City's Representative" or "by Engineer" or "by Construction Manager" modifies words such as "accepted," "directed," "selected," "inspected," and "permitted," when they are unmodified.

Phrase "to City's Representative " or "to Engineer" or "by Construction Manager" modifies words such as "submit," "report," and "satisfactory, 11 when they are unmodified.

Words "Contractor shall" are implied when direction is stated.

Colons(:) are used to introduce a list of particulars, an amplification, or an illustrative quotation:

1. When used after designation of product, colons are used in place of words "shall be." Whether the term or phrase is capitalized or in all capitals (for example, Contractor or CONTRACTOR) in the Contract Documents shall be deemed to be the same for purposes of the Definitions of Language Used, Words and Terms.

Agreement. This Agreement for design-assist and construction of the Pleasant Grove Wastewater Treatment Plant Expansion Project, its exhibits, all documents incorporated therein, and all amendments and/or modifications hereto executed by the parties concerning the performance of the Work and the furnishing of labor, equipment, materials and incidentals in the construction of the Work. This Agreement supersedes all prior negotiations, representations, and/or agreements, whether written or oral.

Allowance. "Allowance" shall mean an amount of money set aside under the Contract for a special purpose identified and defined in the Contract Documents. See Exhibit D, ALLOWANCES AND ALLOWANCE AMOUNTS.

Applicable Laws. All laws, codes, ordinances, rules and regulations of governmental authorities having jurisdiction over the Site and/or the Work.

Application for Payment. A document prepared by Contractor and submitted to the City showing Contractor's entitlement to payments, the requirements of which are more fully described in Article 12.3, Applications for Payment.

PGWWTP Expansion Project Agreement - Page 2
Asbestos. Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

Beneficial Occupancy. Beneficial occupation or "Beneficial Occupancy" is a term that can be used to describe a distinct portion of the Work, that in the City's Representative's opinion, is capable of being used for its intended purpose, even though it may have some minor deficiencies, including outstanding punch list items to complete.

Bid Proposal. The offer of a Proposer to perform the Work pursuant to completed prescribed Bid Proposal requirements and forms, properly executed and guaranteed, and timely submitted.

Bonds: Labor and Material Bond, Performance Bond, and Warranty Bond. The payment bond (Labor and Materials Payment Bond) and Performance Bond issued by an admitted Surety covering the faithful performance and completion of the Work, including payment for all materials and labor furnished or supplied in connection with the Work, by Contractor. The Labor and Material Bond shall be in an amount equal to one hundred percent (100%) of the GMP and shall be for payment of just claims for materials, equipment, labor and subcontractors employed by the Contractor thereon. See Exhibit G, FAITHFUL PERFORMANCE BOND; Exhibit H, LABOR AND MATERIAL PAYPMENT BOND; and Exhibit I, WARRANTY BOND.

The Faithful Performance Bond shall be in an amount equal to one hundred percent (100%) of the GMP and shall be for the faithful performance of the Agreement, and for the fulfillment of such other requirements as may be provided by Law.

The Warranty Bond shall be issued by an admitted Surety and be in the penal sum equal to ten percent (10%) of the GMP.

The surety company shall familiarize itself with all of the conditions and provisions of this Agreement, and it waives the right of special notification of any change or modification of this Agreement or of extension of time, or of decreased or increased work, or of the cancellation of the Agreement, or of any other act or acts by the City or its authorized agents under the terms of this Agreement; and failure to so notify the aforesaid surety companies of changes shall not relieve the surety companies of their obligations under this Agreement.

All premiums for the Performance Bond, Labor and Materials Payment .Bond, and Warranty Bond shall be included in the Cost of the Work and GMP. The City shall have the right to withhold any payment(s) under this Agreement until Contractor has fully complied with all bonding requirements.

Business Day. "Business Day" means any day when the office of the City Clerk of the City of Roseville is open for business.

Change Order. A document which is signed as recommended by the Construction Manager, accepted by the Contractor, and accepted by an authorized representative of the City, which authorizes an addition, deletion, or revision in the Work or an adjustment in the Guaranteed Maximum Price (GMP) or the Contract Time, issued on or after the Effective Date of the Agreement.

City. The word "City" refers to the City of Roseville, the governing body of which is termed the "City Council".

City's Representative. The person(s) designated by the Director of the City's Environmental Utilities Department who has been duly authorized to exercise control and supervision of the Work. A City's Representative generally will be either a professional engineer or architect, depending on the nature of the Work, but is not required to be a professional engineer or architect.

PGWWTP Expansion Project Agreement - Page 3
Claim. A demand or assertion by the Contractor seeking an adjustment of the GMP or Contract Times, or both, or other relief with respect to the terms of the Agreement. A demand for money or services by a third party is not a Claim.

Construction Change Directive (CCD). A CCD is a written order prepared by the Construction Manager and signed by the City, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract GMP amount or Contract Time.

Construction Manager. The person designated, in writing, by the City to act as its representative at the Site and to perform administrative functions relating to this Agreement. The Construction Manager shall also furnish inspection services as provided by the contract between the Construction Manager and the City.

All contact by the Contractor with the City shall be through the Construction Manager; unless otherwise specified or directed. Only the City may modify the Agreement.

Contract Documents. The "Contract Documents" shall consist of the following documents and all documents incorporated therein:
• Request for Bid Proposal (including the appendices)
• Agreement (including exhibits A-L attached thereto);
• General Requirements (Division 1 );
• Technical Specifications (Divisions 2 through 46);
• Appendices included with Technical Specifications;
• Contract Drawings, prepared by Engineer;
• Addenda issued during the RFBP period; and
• Permits from other agencies specifically required for the performance of the Work as may be required by law.
• City of Roseville's most current version (and Amendments to the current version) of Construction Standards and Design Standards
• Other Referenced Standard Specifications;
• Other Referenced Standard Plans
Exhibits to this Agreement (enumerated as follows):
• Exhibit A - Contractor's SOPQ dated April 1, 2019 excluding the financial statement; • Exhibit B - Contractor's Technical Bid Proposal dated July 29, 2019 excluding Sections 7 through 11 and the appendices;
• Exhibit C - Guaranteed Maximum Price, Cost of Work and Fees; • Exhibit D - Allowances and Allowance Amounts;
• Exhibit E - Designation of Subcontractors;
• Exhibit F - Completion Times and Liquidated Damages;
• Exhibit G - Faithful Performance Bond;
• Exhibit H - Labor and Materials Payment Bond;
• Exhibit I - Warranty Bond;
• Exhibit J - Escrow Agreement For Security Deposits In Lieu of Retention; • Exhibit K - Workers' Compensation Insurance Certification; • Exhibit L - Contractor's Insurance Certificates;
The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:
• Notice to Proceed;
• Field Directive(s);
• Change Order(s);
• Construction Change Directive;
PGWWTP Expansion Project Agreement - Page 4
• Field Order(s).

There shall be no Contract Documents other than those listed above.

The Contract Documents are complementary; what is called for by any one of the documents is as binding as if called for by all the documents. It is the intent of the Drawings and Specifications to describe the Work to be constructed in accordance with the requirements of the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the requirements of the Contract will be furnished and performed whether or not specifically called for. When words or phrases that have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. The intent of the Drawings specifically includes the intent to depict construction that complies with all applicable laws, codes and standards.

Subject to applicable law, including but not limited to California Public Contract Code Section 4100 et seq., and the terms of this Contract governing subcontracting, the Divisions and Sections of the Specifications and identifications of any Drawings shall not control. Contractor in dividing the Work among subcontractors or suppliers or delineating the work to be performed by any specific trade.

Reasonably implied parts of the Work shall be performed as "incidental work" even though absent from the Drawings and Specifications. "Incidental" work shall be performed by Contractor and included in the Cost of the Work without an increase in the GMP. Incidental work includes any work not shown on Drawings nor described in Specifications, but which is necessary or normally or customarily required as a part of the Work shown on the Drawings or described in the Specifications to provide a complete installation which is fully connected and tied into the existing facilities and processes and is fully functional and operational.

Incidental work shall be treated as if fully described in Specifications and shown on Drawings, and expense thereof shall be included in the GMP. Incidental work includes, but is not limited to, tasks required to be performed under Division 1, GENERAL REQUIREMENTS of the Specifications.

The technical specifications are presented in paragraphs for convenience. However, this presentation does not necessarily delineate trades or limits of responsibility. All paragraphs of the Specifications and Plans are interdependent and applicable to the Work as a whole.

The Specifications and all notes on the Drawings are directed to the Contractor unless otherwise indicated, and all work shall be performed by the Contractor even though phrases such as "the Contractor shall" or "shall be done by the Contractor'' are omitted. Where terms such as "approved," "acceptable," "favorably reviewed," "review, ... 11selected, 11 "directed," "equivalent," 11equal, 11 or "satisfactory" are used, it shall mean by or to the Construction Manager and/or City's Representative and/or Engineer.

In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows:
(1) Permits from other agencies specifically required for the performance of the Work as may be required by law;
(2) Supplemental Agreements and Change Orders, the one dated later having the precedence over another dated earlier;
(3) Agreement;
(4) General Requirements (Sections 01 11 00 through 01 99 90); (5) Technical Specifications (Division 2 and all other Divisions following); (6) Contract Drawings;
(7) City of Roseville's most current version of Construction Standards and Design Standards and Amendments to the Current Version
(8) Other Referenced Standard Specifications;
(9) Other Referenced Standard Plans.

PGWWTP Expansion Project Agreement - Page 5
With reference to the Drawings, the order of precedence is as follows:
(1) Addenda/Change Order drawings govern over any other drawings; (2) Enumerated dimensions govern over scaled dimensions; (3) Detail drawings govern over general drawings; and
(4) Contract Drawings govern over standard drawings/plans.

The provisions of the Contract Documents shall take precedence over any Laws or Regulations applicable to the performance of the work unless such an interpretation of the provisions of the Contract Documents would result in a violation of such Law or Regulation.

Contract Time. The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Construction Manager's written recommendation of final payment. See Exhibit F, COMPLETION TIMES AND LIQUIDATED DAMAGES.

Contractor. The individual, partnership, corporation or limited liability company who enters into the Agreement for the performance of the Work. The term "Contractor" means the Contractor or his authorized representative. The term "Contractor" also may include subcontractors, sub-tier subcontractors, consultants, equipment and material suppliers, and their employees.

Contractor's Plant and Equipment. The equipment, material, supplies and all other items, except labor, brought onto the Site by the Contractor to carry out the Work, but not to be incorporated in the Work.

Cost of the Work. Consists of those items of Work, which are paid for by City to Contractor, and consist of those categories of costs set forth as allowable on Exhibit C, GUARANTEED MAXIMUM PRICE, COST OF WORK AND FEE. The "Actual Total Cost of the Work" is the aggregate amount of costs and fee actually chargeable to City under the provisions of Exhibit C, GUARANTEED MAXIMUM PRICE, COST OF WORK AND FEE, up to the GMP.

County. Refers to Placer County where the Site is located.

CPM. A critical path method schedule in the form of precedents, networks, and time sequences.

Days. The word "Days" shall mean calendar days, including legal holidays, Saturdays and Sundays, unless specifically noted otherwise. The day shall be 24 hours measured from midnight to the next midnight.

Defective Work. Defective Work refers to Work that does not meet the requirements of the Contract Documents and has been identified to the Contractor by the Construction Manager in writing because the Work:

A. Does not meet the requirements of or conform to the Contract Documents; or B. Does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
C. Has been damaged prior to Construction Manager's or Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by City as of the Substantial Completion date in accordance with the Contract Documents).

Punch list or other minor corrective items of work that are not in compliance with the Contract Documents do not meet to the definition of "Defective Work" as used in these Contract Documents. For work to be deemed "Defective Work," the Construction Manager must have notified the Contractor in writing of a PGWWTP Expansion Project Agreement - Page 6
defective item of the Work.

Engineer. The engineer, architect or specialty design consultant designated by the City to have design control over the Work or a specified portion of the Work, acting either directly or through duly authorized representatives. Such representatives shall act within the scope of the particular duties delegated to them.

The Engineer may also furnish inspection services as provided by the Agreement. The Engineer may also be referred to as the "City's Representative " if the definition is used in an Engineer role and capacity. For the purposes of this Agreement, the Engineer is Kennedy Jenks Consultants, Inc.

Direct. Action of the City or Construction Manager by which the Contractor is ordered to perform or refrain from performing work under the Agreement.

Drawings. Also referred to as "Plans." That part of the Contract Documents consisting of the graphical and technical requirements of the Agreement as included on the plan, profile, section and ·detail sheets, included in a response to Request for Information or any revisions issued by Engineer. Drawings, or reproductions thereof, show the location, character, dimensions and details of the Work to be done. Shop drawings and other Contractor submittals are not Drawings as so defined.

Equipment. {Construction): All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the Work contemplated. (Installation): All material or articles used in equipping a facility or apparatus required to fulfill a functional design.

Execution. Field or site performance, workmanship, installation, erection, application, field fabrication, quality control, and protection of installed products on the Site.

Extra Work. New or unforeseen work, or added work of a different character or function; or that involves revisions of the details of the Work on which Contractor based its GMP. If the extra work increases the Contractor's Cost of the Work and/or time to perform the Work, and is approved by the City via a written Change Order, the GMP and/or Contract Times shall be adjusted as provided in the Contract Documents.

Extra Work shall not include Work which is shown, detailed or specified in the Contract Documents or which constitutes "Incidental Work" as defined within the Contract Documents definition above.

Fee. As applicable, means the fee payable to Contractor pursuant to this Agreement and as part of the GMP, as shown on Exhibit C, GUARANTEED MAXIMUM PRICE, COST OF WORK AND FEE.

Field Directive. A change in the scope of the Agreement that does not cause an increase in the Cost of the Work, nor an adjustment to the GMP or the Contract Time(s), unless the Construction Manager determines the Field Directive warrants a Change Order. Also referred to as a "Directive".

Field Order. A written instruction given to the Contractor by Construction Manager authorizing work that is a change to the scope of Work to be performed on a time and material basis or a lump sum cost agreed to between City and the Contractor.

Final Acceptance. Formal approval by City in accepting a portion of the Contractors work as completed.

Final Completion. The date when the Work is 100% complete, including completion and acceptance of all punch list corrections, as certified by the Construction Manager.

Force Majeure. Force Majeure includes industry wide or nationwide labor dispute (excluding labor shortage), fire, unusual delay in transportation or delivery, unavoidable casualty, flood (assuming Contractor has taken reasonable precautions), earthquake, epidemic, civil disturbance, war, freight embargo, riot, sabotage (by persons other than Contractor or subcontractors), material shortage or any other similar act or condition, in each case only to the extent the event in question is beyond the reasonable control of and without the fault or negligence of Contractor. It is expressly agreed that the following matters PGWWTP Expansion Project Agreement - Page 7
shall not constitute Force Majeure:
• Lack of or inability to use funds for any reason;
• Any occurrence which results from the wrongful act, or wrongful omission, of the affected party, or the failure by the affected party to act in a prudent and proper manner and in accordance with good and accepted industry practices;
• Any failure by the affected party to reach agreement with any third party necessary to enable the affected party to perform its obligations under this Agreement; • An event or circumstance, where the event or circumstance, or its effects on the affected party, or the resulting inability of the affected party to perform its obligations could have been prevented, overcome or remedied by the exercise by the affected party of the standard of care and diligence consistent with that of a reasonable and prudent person; • Breakdown of Contractor's Equipment;
• Strike or industrial action of Contractor's employees or those of subcontractors; or • Adverse weather conditions including, without limitation, wet weather, unless the weather is unusually severe for the Site.

Funding Agency or Funding Agencies. A government agency or agencies that the City is in contract with or planning to execute a contract with to obtain construction funds for financing of the Project. For this Project this includes the State Water Resources Control Board (SWRCB) including the United States Environmental Protection Agency (USEPA), the State of California and the California Infrastructure and Economic Development Bank that fund and administer the Clean Water State Revolving Fund (CWSRF) Program.

Furnish. The word "furnish" when used in connection with services, materials, or equipment, shall mean to supply and deliver specified services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

Guaranteed Maximum Price or "GMP". The amount set forth on Exhibit C, GUARANTEED MAXIMUM PRICE, COST OF WORK AND FEE, hereto, which may be increased or decreased in accordance with the provisions of the Contract Documents.

General Requirements. Division 1, GENERAL REQUIREMENTS, which forms the part of the Contract Documents establishing special conditions or requirements peculiar to the Work.

Hazardous Waste. The term Hazardous Waste shall include the meaning provided in Section 100 of the Solid Waste Disposal Act (42 USC Section 6903 and/or Section 25117 of the California Health and Safety Code) as amended from time to time, or any other hazardous material, hazardous waste, hazardous substance, pollutant, and/or contaminant with requirements under federal, State of California, or local law, statute, regulation, rule, ordinance, order, action, policy or common law.

Herein. Refers to information presented in the Contract Documents.

Hold Harmless. An agreement by one (1) party to indemnify and defend a second party when the second party is sued by a third party as a result of the first party's actions or inactions.

Holidays. The legal holidays as designated by the City including: New Year's Day, Martin Luther King Jr.

Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day.

Inspector. Inspector shall mean the person(s), firm(s), or agency(ies) employed by the City to perform inspection during construction of the Work, under the direction of the Construction Manager. It shall also mean any representative of the City who will perform inspections of the Work for code compliance and quality assurance reporting in addition to those inspections performed by the City's Representative and/or the Engineer. Said inspector may be the Construction Manager or may be another representative of the PGWWTP Expansion Project Agreement - Page 8
City.

Install. The word "install" when used in connection with services1 materials, or equipment, shall mean to put into use or place in final position the services, materials, or equipment, complete and ready for intended use.

Laws and Regulations: Laws or Regulations. Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction over the Site or the Work.

Liens. Charges, security interests, or encumbrances upon Project funds, or personal property.

Liquidated Damages. The amount of dollars assessed for each and every calendar day required to complete the Agreement in excess of the Contract Time. See Exhibit F, COMPLETION TIMES AND LIQUIDATED DAMAGES.

May. "May," wherever or in whatever manner used, refers to permissive actions.

Milestone. An event specified in the Contract Documents relating to an intermediate completion date or time prior to Final Completion of all the work.

Notice of Completion. Formal action taken by the City in determining that the Contractor's Work has been completed, or as delegated pursuant to a City Council resolution, accepting the Work as fully completed.

The written notice is signed by the City and filed with the County Recorder.

Notice to Proceed. A written notice given by the City to the Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.

Or Equal. Any product, equipment, material, thing, service, mean/method or service which is proposed by the Contractor for use in the Work, which is equal to or better than, and is as suitable as the product, equipment, material, thing, service, mean/method or service specified in the· Contract Documents as to function, performance, reliability, quality, schedule and general configuration. Any "or equal" substitutions must be approved by the City.

Paragraph. For reference o~ citation purposes, a paragraph shall refer to the paragraph, or paragraphs1 called out by paragraph number and alphanumeric designator.

Party. The City or the Contractor individually, and "Parties" shall mean the City and the Contractor collectively.

Perform. Refer to "Provide."
Person. The term1 "person'' 1 includes firms1 companies, corporations and partnerships.

Plans. See "Drawings."
Preconstruction Services. Work performed prior to the issuance of first Drawing(s) for construction to the Contractor, which shall initiate the start of construction services.

Prejudiced. As used herein, the term "Prejudiced" shall include, but is not limited to1 material interference with the City's timely consideration of action to prevent increases in the cost or time required to perform the Work, ability to monitor the Contractor's increased costs resulting from the situation, to timely marshal facts, and to timely plan its affairs.

PGWWTP Expansion Project Agreement - Page 9
Product Data. Type of Shop Drawing comprised of standard illustrations, schedules, performance charts, instructions, brochures, diagrams, catalog cuts, and other information assembled by or for the Contractor and submitted by the Contractor to illustrate materials or equipment for some portion of the Work.

Products. Materials, equipment, systems, shop fabrications, mixtures, and source controls.

Progress Schedule. A schedule, prepared and maintained by the Contractor, describing the sequence and duration of the activities comprising of the Contractor's plan to accomplish the Work within the Contract Times.

Project. The design-assist and construction of the Pleasant Grove Wastewater Treatment Plant Expansion Project, together with all on-site infrastructure, site improvements and appurtenances to be designed, constructed and installed in connection therewith, as more fully set forth and described in the Contract Documents and as required thereby or reasonably inferred therefrom.

Proposer. Any individual, firm, partnership, corporation or limited liability company, submitting a Bid Proposal for the Work contemplated, acting directly or through a duly authorized representative.

Provide. The words "provide" or "perform," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in context clearly requiring an obligation of Contractor, "provide" is implied.

Punch List. Those minor items of work to be completed after Substantial Completion and prior to Final Completion, which do not prevent others from taking over defined areas of the Work to complete the Project.

Reference Specifications. Those standards, rules, method of tests or analysis, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents.

Request for Information. Also referred to as "Request for Clarification". A Request for Information (RFI) is issued by the Contractor to the Construction Manager requesting additional information necessary to clarify or amplify an item in the Contract Documents that the Contractor believes is not clearly shown or called for in the Drawings or Specifications or other portions of the Contract Documents, or to address problems which have arisen under field conditions. A RFI is not to be used for request for materials/equipment substitutions or value engineering/cost reduction incentive proposals.

Request for Quotation. A request for a proposed cost made to the Contractor by the City to add, delete or change the Work. A Request for Quote (RFQ) shall not be deemed to be a direction to proceed with any addition, deletion or change to the Work.

Samples. Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

Separate Contractors. Those individuals or entities (including, but not limited to, concessionaires) who have entered into arrangements with City for the provision of labor, materials or other services in connection with the Project or other projects. The terms "Others" or "Energy Recovery Project Contractor" or "ERP Contractor'' may also be used to indicate "Separate Contractors".

Shall or Will. Refers to actions entered into by the Contractor or the City as a covenant with the other party to do or to perform the action.

Shop Drawings (Submittals). Shop drawings (submittals) are drawings, diagrams, illustrations, schedules, performance charts, instructions, brochures, and other data which are prepared by the Contractor or any PGWWTP Expansion Project Agreement - Page 10
subcontractor, manufacturer, supplier, or distributor and which illustrate some portion of the Work.

Shown. Refers to information presented on the drawings, with or without reference to the drawings.

Site. Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such othe_r lands furnished by the City which are designated for the use of Contractor.

Specifications. That part of the Contract Documents consisting of written descriptions of the technical features of materials, equipment, construction systems, standards, and workmanship.

Specify. Refers to information described, shown, noted or presented in any manner in any part of the Agreement.

State. State of California.

State of California Specifications. The State of California Department of Transportation Standard Specifications in effect as documented in the Specifications and/or Drawings. Also referred to as State Standard Specifications and Caltrans Standard Specifications.

Subcontractor. An individual or entity who · has entered into an agreement with Contractor or another subcontractor for the provision of labor, materials or other services required to be performed by Contractor under the Contract Documents. The term subcontractor does not include any separate contractor or any separate contractor's subcontractors.

Submittals. The information which is specified for submission to the Construction Manager in accordance with the Contract Documents.

Substantial Completion. Sufficient completion of the Project or the portion thereof to permit a utilization of the Project. Determination of Substantial Completion is solely at the discretion of the City. Substantial Completion does not mean complete in accordance with the Agreement nor shall Substantial Completion of all or any part of the Project entitle the Contractor to Final Completion under the Agreement.

Substantial Completion Date. Date when the City puts into service, the Project or that portion of the Project that has been determined to be Substantially Complete.

Sub-subcontractor. A sub-subcontractor is a person or entity who has a direct or indirect contract with a subcontractor to perform any of the Work associated with the Project. The term sub-subcontractor means a sub-subcontractor or an authorized representative thereof, also referred to as subtier-subcontractor.

Supplier. A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any subcontractor.

Surety. One or more issuers of the Labor and Material Payment, Faithful Performance, and Warranty Bonds, each of which shall be admitted and licensed to do business in the State of California.

Surveyor. A land surveyor licensed in the State of California.

Trade Names. Where a certain product is called by its Trade Name, it is intended as a guide for type and quality.

Typical Details. Details of standard structures, devices or instructions referred to on the Plans and Specifications by title or number and developed by the Engineer.

PGWWTP Expansion Project Agreement .. Page 11
Underground Facilities. All underground pipelines, including but not limited to, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electrical, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

Unit Price Work. Work to be paid for on the basis of unit prices.

Utility. Public or private fixed works for, including but not limited to, the transportation of fluids, gasses, power, signals, or communications.

Work. Any and all direct and/or incidental obligations, duties, and responsibilities necessary to complete the design-assist and construction assigned to, or undertaken by, the Contractor pursuant to the Contract Documents including all labor necessary to produce such construction and all materials, equipment, and supplies incorporated or to be incorporated in the construction. Also, the completed construction or parts thereof required to be provided under the Contract Documents to provide a complete installation which is fully connected and tied into the existing facilities and processes and is fully integrated, functional and operational.

Work Day. A working day is defined as any day, except Saturdays, Sundays and City's Legal Holidays.

Any work scheduled by the Contractor on non-working days (Saturdays, Sundays, and City Legal Holidays) shall be verified with the City at least 72 hours in advance. Depending on the circumstances, the City may request Contractor compensation for inspection work, at an hourly rate, for any work performed on nonworking days and for overtime.

Work Site. Any and all areas where Work is be performed by Contractor as required in the Contract Documents with particular emphasis of Work performed at or adjacent to the City's Pleasant Grove Wastewater Treatment Plant located at 5051 Westpark Dr. Roseville, CA 95747.

ARTICLE 2 - SCOPE OF WORK
The City, in conjunction with its Engineer and other consultants, developed the Design-Assist and Construction of the Pleasant Grove Wastewater Treatment Plant Expansion Project Contract Documents.

The Contract Documents include the RFBP, this Agreement, Drawings, Specifications, and supplemental information to present the City's Final Design Submittal and timeline to meet the City's needs at the City's Pleasant Grove Wastewater Treatment Plant for this Project.

The Work includes but is not limited to construction of four new primary clarifiers with odor control facilities and an electrical building, a solids thickening building, sludge pumping systems, two anaerobic digesters and a digester control building, a waste gas burner, two boilers, conversion of two waste activated sludge holding tanks to a centrate storage and digested sludge holding tank, a centrate wet well and associated pump system, a ferric chloride dosage and storage facility, all interconnecting and associated yard piping, electrical and instrumentation duct banks, and all other miscellaneous improvements in support of the Project, including asset management, start up and testing to provide a complete, integrated and operational system in all respects.

Based on the Final Design Submittal, and in accordance with the Contract Documents, the Contractor will work with the City, Engineer, Construction Manager and possibility other personnel that have regulatory and/or funding authority and as a Design Assist Team member and complete the following design assist activities:
• Conduct a constructability review of the Final Design Submittal Drawings and Specifications, and submit comments and identified mitigation solutions to the City. • Identify cost savings and added value alternative design/construction solutions, and submit to the PGWWTP Expansion Project Agreement - Page 12
City for evaluation.
• Develop detailed cost estimates for identified alternatives when requested by City for the City's evaluation.
• Identify construction sequencing and the impacts of the identified alternatives on the sequencing. • Develop a detailed schedule and the impacts of the identified alternatives on the schedule. • Participate in a cooperative partnership relationship with City, Engineer, and Construction Manager to develop a comprehensive construction plan to address project risk and minimize existing facility disruptions.
• Participate in up to twenty (20) Final Design Coordination Meetings lasting up to four (4) hours each to present and work collaboratively to allow for issuance of the Project Drawings and Specifications for construction.

Note that the Engineer is the entity professionally responsible for the design of the Project. City acknowledges that Contractor is a general contractor and not an architect or engineer. Except with respect to any subcontractors of Contractor providing architectural or engineering services for the Project as designbuild work, the Contractor's review of or input for any design documents, or Contractor's recommendation for any design concepts, is made solely in Contractor's capacity as a licensed contractor and not as a licensed design professional. Contractor is not responsible for any errors in the Engineer's design or failure of the design to comply with applicable laws, codes; rules and regulations, or lawful orders of public authorities. However, if Contractor observes any such nonconformity or errors it shall promptly notify City's Representative and the Engineer.

This City is working with the SWRCB to obtain CWSRF Program Project funding. Compliance with Funding Agency requirements contained within the Contract Documents RFBP and Specifications is required as part of the Contractor's Scope of Work. Whether listed or not in the Contract Documents, the Contractor shall meet the CWSRF requirements and cooperate in partnership with the City and Engineer as required to obtain grant and/or loan funding and payments.

In accordance with the timeline found in See Exhibit F, COMPLETION TIMES AND LIQUIDATED DAMAGES, the Contractor will commence construction at the Site of the Work on portions of the Work based on partial Construction Documents, provided these documents have been approved by the City and the Engineer. The Contractor shall provide all supervision, testing, construction, equipment, labor, materials, tools, subcontractors and services to complete the construction within the Contract Times listed in See Exhibit F, COMPLETION TIMES AND LIQUIDATED DAMAGES.

The Contractor is solely responsible for the proper handling, storage, installation, testing and demonstration; all in accordance with the Contract Documents and each manufacturer's recommendations/instructions. Failure to meet any performance requirement due to improper handling, storage, installation, testing or demonstrating will be corrected by the Contractor without an increase to the GMP.

ARTICLE 3 - CITY'S REPRESENTATIVE AND CITY'S CONSULTANTS

3.1 City's Representative. The City's Director of the Environmental Utilities Department has designated Tracie Mueller to act as the City's Representative. The City may change the individual(s) acting as the City's Representative(s), or delegate one or more specific functions to one or more specific City's Representative at any time without notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities.

PGWWTP Expansion Project Agreement - Page 13

3.2 Engineer. The City has designated Kennedy Jenks Consultants, Inc. to act as the Engineer. The City may assign all or part of the City's Representative's duties, rights and responsibilities to the Engineer.

The Engineer is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities.

3.3 Construction Manager. The City has designated Brown and Caldwell to act as Construction Manager. The City may assign all or part of the City's Representative's duties, rights and responsibilities to the Construction Manager. The Construction Manager is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities.

3.4 Construction Consultant. The City may retain, a Construction Consultant(s) as it deems necessary to assist/advise the City staff and/or other City consultants during the progress of the Work. Any Construction Consultant retained by City for this Project will not have any formal contract administration responsibilities. The Construction Consultant(s) is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities.

ARTICLE 4 -CONTRACTOR'S REPRESENTATIONS

4.1 Representations and Warranties. In order to induce the City to enter into this Agreement, Contractor makes the following representations and warranties:

A. Contractor has visited the Site, has observed, familiarized itself with and understands the nature and extent of the Contract Documents, Work, Site, locality, actual conditions apparent upon reasonable observation, visible as-built conditions, and local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

B. Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents in its capacity as a contractor and not as an architect or engineer.

C. Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and record drawings and actual conditions in its capacity as a contractor and not as an architect or engineer.

D. Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California, including, but not limited to, maintaining in good standing its Contractor's license issued by the State of California.

E. Contractor has represented to the City that it has significant knowledge and experience and the requisite expertise, skills, labor, equipment, capabilities and all other necessary resources required to perform the Work.

F. Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor.

PGWWTP Expansion Project Agreement - Page 14
The failure or neglect of Contractor to receive or examine any of the Contract Documents shall in no way relieve it from any obligation with respect to the Contract, and no claim for additional compensation or time will be allowed which is based upon a lack of knowledge of any Contract Documents.

Moreover, the Contractor acknowledges that its observation of the Site prior to the execution of the Agreement has provided information related to existing conditions, as described in paragraph 4.1.A, above, which may affect cost, progress or performance of the Work. Contractor further acknowledges and agrees that, in executing the Agreement, it is relying on its own observation of (1) the Site of the Work, (2) access to the Site, (3) all other data and matters requisite to the fulfillment of the Work and on its own knowledge of existing facilities on and in the vicinity of the Site of the Work to be constructed under the Agreement, (4) the conditions to be encountered, (5) the character, quality and scope of the proposed Work, (6) the quality and quantity of the materials to be furnished, and (7) the requirements of the Contract Documents, and other related information made available to Contractor by the City.

4.2 Supplementary Information. The Contractor hereby acknowledges that, prior to the execution of the Agreement, City has furnished the following Supplementary Information. These Supplementary Information documents are not part of the Contract Documents. • Final Geotechnical Report for Pleasant Grove Wastewater Treatment Plant Expansion, Roseville, California dated May 2007 prepared by Fugro USA Land, Inc. • Geotechnical Update Letter Report for the Pleasant Grove Wastewater Treatment Plant Expansion dated March 9, 2017 prepared by Fugro USA Land, Inc. • Pleasant Grove Wastewater Treatment Plan Plant Record Drawings electronic pdf file (931 pages), City file number 404-50
ARTICLE 5 - CONTRACT ADMINISTRATION

5.1 Administration of the Contract
The City's Representative and the Construction Manager will provide administration of the Agreement as hereinafter described. If the status of any of the above parties should change, the City will provide written notice to the Contractor of such change.

5.2 City's Representative

5.2.1 General - The City's Representative has the authority to act on behalf of the City on change orders, field orders, progress payments, Contract Decisions, acceptability of the Contractor's work, and early possession.

5.2.2 Change Orders - The City's Representative has the authority to accept or reject change orders and cost proposals submitted by the Contractor or as recommended by the Construction Manag·er.

5.2.3 Progress Payments - The City's Representative has the authority to accept or reject requests for progress payments which have been submitted by the Contractor and recommended by the Construction Manager.

5.2.4 Contract Decisions - Should the Contractor disagree with the Construction Manager's decision with respect to the Agreement, the Contractor may appeal to the City's Representative in accordance with the provisions of the Agreement.

5.2.5 Acceptability of Work - The City's Representative has the authority to make the final determination of the acceptability of the Work.

PGWWTP Expansion Project Agreement- Page 15

5.3 Construction Manager

5.3.1 General - The Construction Manager is a representative of the City employed to act as advisor and consultant to the City in construction matters related to the Agreement. The term Construction Manager may include more than one individual to perform contract administration and construction observation. Hereinafter, the term Construction Manager includes any and all representatives working under the direction of the Construction Manager.

All instructions to the Contractor and all communications from the Contractor to the City or the City's Representative shall be forwarded through the Construction Manager. The Construction Manager will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City has delegated its authority to the Construction Manager to make initial decisions regarding questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the Work. The Construction Manager shall make initial decisions with respect to the Contractor's fulfillment of the Agreement and the Contractor's entitlement to compensation. The Contractor shall look initially to the Construction Manager in matters relating to the Agreement.

The Construction Manager's authority to act under ARTICLE 5, CONTRACT ADMINISTRATION, herein, and any decision made by it in good faith either to exercise or not to exercise such authority, shall not be interpreted or construed as control of or responsibility for any of the Work performed under this Agreement.

5.3.2 On-Site Representative - The Construction Manager will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the provisions of the Contract Documents. The Construction Manager shall not be responsible for the superintendence of the construction site conditions; construction means, methods, appliances techniques, sequences, or procedures; operation of equipment; Contractor's personnel; or for safety practices or unsafe practices, precautions, and programs in connection with the Work.

In accordance with the provisions of these Contract Documents, the Construction Manager will make decisions relative to all matters of interpretation or execution of the Contract Documents.

5.3.3 Observation and Inspections of Construction - The Construction Manager shall observe the construction and shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing. Observation and inspection by the Construction Manager or an inspector is not an authorization to revoke, alter, or waive any requirements of the Specifications. Observation and inspection is the authorization to call the attention of the Contractor to any failure of the Work, materials or workmanship to conform to the Contract Documents. The Construction Manager shall have this authority including the ability to reject materials or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Manager for decision. If the decision of the Construction Manager is not satisfactory to the Contractor, the Contractor may appeal such decision to the City's Representative.

5.3.4 Acceptability of the Work - The Construction Manager has the authority to make a recommendation as to the acceptability of the Work.

5.3.5 Change Orders - The Construction Manager has the authority to initiate change orders; to reject change orders proposed by the Contractor; to negotiate and recommend acceptance of change orders to the City; or to order minor changes in the Work that result in no cost to the City.

5.3.6 Construction Schedule - The Construction Manager has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and PGWWTP Expansion Project Agreement - Page 16
subsequent significant revisions for conformance to the specified sequence of Work and logic.

5.3.7 Progress Payments - The Construction Manager has the authority to recommend acceptance or rejection of requests for progress payments which have been submitted by the Contractor.

5.3.8 Final Payment - The Construction Manager, with the assistance of the City's Representative and the Engineer, will conduct inspections to determine the date of Final Completion of the Work, and the Construction Manager will receive and forward to the City, for the City's review, written warranties and related documents required by the Agreement and assembled by the Contractor.

5.3.9 Contract Interpretation by the Construction Manager- Notwithstanding any omission from the Specifications or the Drawings it shall be the duty of the Contractor to call the Construction Manager's attention to apparent errors or omissions upon discovery by the Contractor and request instructions in writing before proceeding with the Work. The Contractor shall not unreasonably take advantage of any errors or omissions found by Contractor. If the Contractor discovers any errors or omissions that it believes affect the time or cost of performing the Work, it shall be entitled to request a Change Order. Contractor shall promptly notify the Construction Manager in writing of any design, materials, or specified method that the Contractor identifies as defective or insufficient, provided, however, that in doing so Contractor will be acting in its capacity as a contractor and not an architect or engineer, and that this section does not affect City's responsibility with regard to the Contract Documents. The Construction Manager may, by appropriate written instructions, correct errors and supply omitted information, which instructions shall be as binding upon the Contractor as though contained in the original Specifications or Drawings when incorporated into Change Orders. Such instructions shall be incorporated into the Agreement in accordance with the Change Order provisions of the Agreement.

Any discrepancies discovered by the Contractor between the Contract Documents and Site conditions or any inconsistencies or ambiguities in the Contract-Documents shall be promptly reported, in writing, to the Construction Manager. Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Construction Manager with a Request for Information (RFI). RFI procedures are further described in Section 01 33 50, REQUESTS FOR INFORMATION AND CLARIFICATIONS.

Work done. by the Contractor after its discovery of such errors, omissions, discrepancies, inconsistencies or ambiguities without such notice and prior to response from the Construction Manager shall be done at the Contractor's risk and shall not be reimbursed as a Cost of the Work, nor be a basis for an increase in the GMP.

5.4 Engineer

5.4.1 General - The Engineer will have the authority to act on behalf of the City only to the extent provided in the Contract Documents. The Engineer shall not be responsible or have authority for the superintendence of construction site conditions; construction means, methods, appliances techniques, sequences, or procedures; operation of equipment; Contractor's personnel; or for safety practices or unsafe practices; precautions and programs in connection with the Work; or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor furnishing and performing the Work.

5.4.2 Interpretations - The Engineer has the authority to be the initial interpreter of the technical requirements of the Contract Documents. Either party to the Agreement may make written request to the Construction Manager for interpretations necessary for the proper execution or progress of the Work. The Construction Manager shall refer such written requests to the Engineer, who will render such interpretations. Where the Contractor has requested an interpretation from the Construction Manager, or been notified by the Construction Manager that such interpretation has been requested by the City, any PGWWTP Expansion Project Agreement - Page 17
work done before receipt of such interpretations, if not in accordance with same, shall be removed and replaced or adjusted as directed by the Construction Manager without additional expense to City and shall not be reimbursed as a Cost of the Work, or be a basis for an increase in the GMP.

5.4.3 Acceptabiiity of the Work - The Engineer has the authority to make a recommendation as to the acceptability of the Work. The Engineer has the authority to recommend acceptance regarding the remediation or retention of Defective Work.

5.4.4 Submittal - The Engineer shall receive, through the Construction Manager, shop drawings, product data and samples for review in accordance with Section 01 33 00, SUBMITTAL PROCEDURES.

The Engineer has the authority to review and take other appropriate action upon the Contractor's submittal such as shop drawings, product data and samples, but only for conformance with the design concept of the Work and the information given in the Contract Documents.

ARTICLE 6 - CITY

6.1 General
The City, acting through the City's Representative or the Construction Manager, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity, quality function, performance and reliability as set forth in the Agreement except as delegated to the Construction Manager in these Contract Documents.

6.2 Attention to Work
The City's Representative, Construction Manager and Engineer are designated in ARTICLE 3 herein. The Construction Manager will normally be available at the Site of the Work. An alternate Construction Manager representative will be designated when the designated Construction Manager's representative is not available at the Site of the Work. The Engineer may be available at the Site of the Work at certain specific times as needed to facilitate the Work. If the Contractor requires assistance from the Engineer, this assistance shall be coordinated through the Construction Manager. The Engineer will assign a representative to be available at the Site of the Work during the said specific times as needed.

6.3 Observation and Inspection
In addition to the Construction Manager's designated representative, the City may provide one or more inspectors to the Construction Manager to observe the Work and with the same authority as provided for in Article 5.3.3, Observation and Inspections of Construction.

Separate and independent from the observations and inspections above, the Work may be inspected by Building Officials, Fire Officials , Roseville Electric and/or Pacific Gas and Electric for code compliance.

Such inspectors shall have the authority provided to them by their jurisdiction. Any design deficiencies or additional work required by these code inspections not required by the Contract Documents may be incorporated into the Work in accordance with the Change Order provisions of the Agreement

6.4 City's Right to Use or Occupy
The City reserves the right, prior to Final Completion, to occupy, or use, any completed part or parts of the Work, providing these areas have been approved for occupancy by the City. The exercise of this right shall in no way constitute a Final Acceptance of such parts, or any part of the Work, nor shall it in anyway affect the dates and times when progress payments shall become due from the City to the Contractor or in any way prejudice the City's rights in the Agreement, or any bonds guaranteeing the same. The Agreement PGWWTP Expansion Project Agreement - Page 18
shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by the City.

Prior to such occupancy or use, the City and Contractor shall agree in writing regarding the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents.

In exercising the right to occupy or use completed parts of the Work prior to the Final Acceptance thereof, the City shall not make any use which will materially increase the cost to the Contractor, without increasing the GMP, nor materially delay the completion of the Agreement, without extending the time for completion.

The part or parts of the Work, if any, which the City anticipates the use or occupancy of prior to Final Completion are noted in Section 01 12 16, WORK SEQUENCE. Failure to include a part of the Work in the above referenced Section, shall not limit the City's right to use or occupy parts of the Work not listed.

6.5 City's Right to Carry Out the Work
If the Contractor should neglect to prosecute the Work in accordance with the Contract Documents or fail to perform any provision of the Agreement, and fails within seven {7) days after receipt of written notice from the City to commence and continue correction of such neglect or. deficiency with diligence and promptness, the City may, and without prejudice to any other remedy, make good such default, neglect or failure. A Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor, for the cost of correcting such deficiencies and for performing such work, including compensation for the Engineer's, the Construction Manager's, and City's additional services made necessary by such default, neglect or failure.

The City also reserves the right to perform and suspend any portion of the Work due to an emergency threatening the safety of the Work, public, City, and any property or equipment. No deductive Change Order shall be issued for an emergency not caused by Contractor.

6.6 City's Right to Perform Work and to Award Separate Contracts The City reserves the right to perform work related to the Project with the City's own forces, and to award separate contracts in connection with the Project or other work on the Site. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents.

When separate agreements are awarded for different portions of the Project or other work on the Site, the term "Contractor'' in the Contract Documents in each case shall mean the contractor who executes each separate Agreement.

The City will provide for the coordination of the work of the City's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate therewith as provided in Article 7 .10, Cooperation with Other Contractors.

6.7 Non-Responsibility of the City
The City shall not be held responsible for the care or protection of any material or parts of the Work prior to the Final Acceptance, except as expressly provided in the Contract Documents.

PGWWTP Expansion Project Agreement - Page 19

COUNCIL COMMUNICATION
CC #: 2260
File #: 0900-02-02-2
Title:

Pleasant Grove Wastewater Treatment Plant Expansion Project - Installment Sale Agreement Amendment
Contact: Tracie Mueller 916-774-5688 [email protected] Meeting Date: 8/17/2022
Item #: 6.9.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Clean Water State Revolving Fund (CWSRF) Installment Sale Agreement Amendment 2 for the low interest loan (1.3 percent) of $78,347,000 from the California State Water Resources Control Board (SWRCB) for the Pleasant Grove Wastewater Treatment Plant Expansion Project.

BACKGROUND
The Pleasant Grove Wastewater Treatment Plant (PGWWTP) Expansion Project involves the addition of primary clarifiers, solids thickening equipment, and anaerobic digesters. The plant expansion will increase the PGWWTP’s treatment capacity from 9.5 to 12 million gallons per day and is expected to provide sufficient capacity to accommodate growth within the South Placer Wastewater Authority (SPWA) service area through 2035.

Construction of this project has already begun. The Expansion Project construction is behind the scheduled completion in June 2022; therefore an amendment to the City’s CWSRF Installment Sale Agreement for the low interest loan (1.3 percent) of $78,347,000 from the SWRCB is required. The CWSRF Installment Sale Agreement Amendment 2 extends the construction date from June 10, 2022, to July 3, 2023. Based on the current status of the construction projects at the PGWWTP, it is anticipated that the Expansion Project will be completed by July 3, 2023.

FISCAL IMPACT
The adoption of the CWSRF Installment Sale Agreement Amendment 2 initiates the financial commitments to repay the loans and repayment will be based on the amount of the loan used, which has not been revised in the amendment. The Debt Service Agreement between the City and SPWA will allow all CWSRF loan repayment costs made by the City to be fully reimbursed by the SPWA agency partners; therefore resulting in no direct fiscal impact to the City.

The CWSRF interest rate of 1.3 percent is the lowest available financing option evaluated for SPWA to fund these projects.

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 approval of this amended CWSRF agreement.

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 22-323
Amendment 2
RESOLUTION NO. 22-323
APPROVING AMENDMENT NO. 2 TO THE INSTALLMENT SALE AGREEMENT, BY

AND BETWEEN THE CITY OF ROSEVILLE AND CALIFORNIA STATE WATER

RESOURCES CONTROL BOARD, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, Amendment No. 2 to the Installment Sale Agreement for the Pleasant Grove Wastewater Treatment Plant Expansion project, by and between the City of Roseville and California State Water Resources Control Board, has been reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Amendment is hereby approved and the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2022, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk
June 15, 2022
City of Roseville
Attn: Dominick Casey, City Manager
311 Vernon Street
Roseville, CA 95678
Agreement Number: D1901013
Project Number: C-06-8215-110
Enclosed is your amended Funding Agreement for your approval and signature. This Agreement cannot be considered binding by either party until executed by the State Water Resources Control Board (“State Water Board”).

If in agreement with all terms and conditions of the Agreement, please have the Authorized Representative, as noted in the executed resolution, sign and return two (2) signature pages no later than thirty (30) calendar days from the date of this letter to:

US Mail Overnight Mail
Koreenia Harmon Koreenia Harmon
State Water Resources Control Board State Water Resources Control Board Division of Financial Assistance Division of Financial Assistance P.O. Box 944212 1001 I Street, 16th Floor
Sacramento, CA 94244-2120 Sacramento, CA 95814
Ms. Harmon may be contacted at (916) 319-0807 or [email protected] Once the Agreement is signed by both parties, we will forward an executed copy to you for your entity’s records.

Enclosures

CITY OF ROSEVILLE
AND

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD

INSTALLMENT SALE AGREEMENT

PLEASANT GROVE WASTEWATER TREATMENT PLANT EXPANSION PROJECT PROJECT NO. C-06-8215-110
AGREEMENT NO. SWRCB0000000000D1901013
AMOUNT: $78,347,000
AMENDMENT NO. 2
ELIGIBLE START DATE: MAY 3, 2019
COMPLETION OF CONSTRUCTION DATE: JUNE 10, 2022JULY 3, 2023 FINAL DISBURSEMENT REQUEST DATE: DECEMBER 10, 2022JANUARY 3, 2024 FINAL REPAYMENT DATE: JUNE 10, 2052JULY 3, 2053
RECORDS RETENTION END DATE: JUNE 10, 2058 JULY 3, 2059
This Agreement executed by the State Water Board on June 11, 2020, and subsequently amended on May 10, 2021 is hereby amended and restated to revise construction completion date, final disbursement date, final repayment date, records retention date, and to make several other revisions throughout the Agreement, Exhibit A, Exhibit B, Exhibit D, and Payment Schedule in Exhibit C (deletions shown as stricken and revisions in bold and underlined). Except as noted herein all other terms and conditions shall remain the same. Please note, page numbers may have changed.

THIS PAGE INTENTIONALLY LEFT BLANK
City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
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TABLE OF CONTENTS
ARTICLE I DEFINITIONS.........................................................................................................................1

1.1 Definitions...........................................................................................................................................1

1.2 Exhibits Incorporated..........................................................................................................................6 ARTICLE II REPRESENTATIONS, WARRANTIES, AND COMMITMENTS ...........................................6

2.1 Application and General Recipient Commitments. ............................................................................6

2.2 Authorization and Validity...................................................................................................................6

2.3 No Violations. .....................................................................................................................................6

2.4 No Litigation. ......................................................................................................................................7

2.5 Solvency and Insurance.....................................................................................................................7

2.6 Legal Status and Eligibility. ................................................................................................................7

2.7 Financial Statements and Continuing Disclosure. .............................................................................7

2.8 Completion of Project.........................................................................................................................7

2.9 Award of Construction Contracts. ......................................................................................................7

2.10 Notice.................................................................................................................................................7

2.11 Findings and Challenge.....................................................................................................................9

2.12 Project Access. ..................................................................................................................................9

2.13 Project Completion; Initiation of Operations. .....................................................................................9

2.14 Continuous Use of Project; Lease, Sale, Transfer of Ownership, or Disposal of Project. ................9

2.15 Project Reports. ...............................................................................................................................10

2.16 Federal Disadvantaged Business Enterprise (DBE) Reporting.......................................................10

2.17 Records............................................................................................................................................11

2.18 Audit.................................................................................................................................................11 ARTICLE III FINANCING PROVISIONS.................................................................................................12

3.1 Purchase and Sale of Project...........................................................................................................12

3.2 Amounts Payable by the Recipient. .................................................................................................12 City of Roseville
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3.3 Obligation Absolute. .........................................................................................................................13

3.4 No Obligation of the State. .............................................................................................................. 14

3.5 Disbursement of Project Funds; Availability of Funds......................................................................14

3.6 Withholding of Disbursements and Material Violations....................................................................15

3.7 Pledge; Rates, Fees and Charges; Additional Debt. .......................................................................16

3.8 Financial Management System and Standards. ..............................................................................17

3.9 Accounting and Auditing Standards.................................................................................................17

3.10 Other Assistance. ............................................................................................................................17 ARTICLE IV MISCELLANEOUS PROVISIONS .....................................................................................17

4.1 Amendment and Integration.............................................................................................................17

4.2 Assignability. ....................................................................................................................................18

4.3 Bonding. ...........................................................................................................................................18

4.4 Competitive Bidding .........................................................................................................................18

4.5 Compliance with Law, Regulations, etc. ..........................................................................................18

4.6 Conflict of Interest. ...........................................................................................................................18

4.7 Damages for Breach Affecting Tax-Exempt Status or Federal Compliance....................................18

4.8 Disputes. ..........................................................................................................................................19

4.9 Governing Law. ................................................................................................................................19

4.10 Income Restrictions. ........................................................................................................................19

4.11 Indemnification and State Reviews. ................................................................................................19

4.12 Independent Actor. ..........................................................................................................................20

4.13 Leveraging Covenants.....................................................................................................................20

4.14 Non-Discrimination Clause. .............................................................................................................21

4.15 No Third Party Rights. .....................................................................................................................21

4.16 Operation and Maintenance; Insurance. .........................................................................................22

4.17 Permits, Subcontracting, and Remedies. ........................................................................................22

4.18 Prevailing Wages.............................................................................................................................22 City of Roseville
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4.19 Public Funding. ................................................................................................................................23

4.20 Recipient’s Responsibility for Work. ................................................................................................23

4.21 Related Litigation.............................................................................................................................23

4.22 Rights in Data. .................................................................................................................................23

4.23 State Water Board Action; Costs and Attorney Fees. .....................................................................23

4.24 Termination and Remedies Upon Event of Default. ........................................................................23

4.25 Timeliness........................................................................................................................................24

4.26 Unenforceable Provision..................................................................................................................25

4.27 Useful Life........................................................................................................................................25

4.28 Venue...............................................................................................................................................25

4.29 Waiver and Rights of the State Water Board...................................................................................25 ARTICLE V TAX COVENANTS..............................................................................................................25

5.1 Purpose. ...........................................................................................................................................25

5.2 Tax Covenant...................................................................................................................................25

5.3 Governmental Unit. ..........................................................................................................................25

5.4 Financing of a Capital Project. .........................................................................................................25

5.5 Ownership and Operation of Project................................................................................................26

5.6 Temporary Period.............................................................................................................................26

5.7 Working Capital................................................................................................................................26

5.8 Expenditure of Proceeds..................................................................................................................26

5.9 Private Use and Private Payments. .................................................................................................26

5.10 No Sale, Lease or Private Operation of the Project. .......................................................................27

5.11 No Disproportionate or Unrelated Use. ...........................................................................................27

5.12 Management and Service Contracts. ..............................................................................................27

5.13 No Disposition of Financed Property...............................................................................................27

5.14 Useful Life of Project........................................................................................................................28

5.15 Installment Payments. .....................................................................................................................28 City of Roseville
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5.16 No Other Replacement Proceeds....................................................................................................28

5.17 No Sinking or Pledged Fund............................................................................................................28

5.18 Reserve Amount..............................................................................................................................28

5.19 Reimbursement Resolution............................................................................................................28

5.20 Reimbursement Expenditures........................................................................................................29

5.21 Change in Use of the Project. ........................................................................................................29

5.22 Rebate Obligations.........................................................................................................................29

5.23 No Federal Guarantee. ..................................................................................................................29

5.24 No Notices or Inquiries from IRS. ..................................................................................................29

5.25 Amendments. .................................................................................................................................30

5.26 Reasonable Expectations. .............................................................................................................30

EXHIBIT A - SCOPE OF WORK & INCORPORATED DOCUMENTS
EXHIBIT A - FBA –FINAL BUDGET APPROVAL

EXHIBIT B - FUNDING AMOUNT

EXHIBIT C - PAYMENT SCHEDULE

EXHIBIT D - SPECIAL CONDITIONS

EXHIBIT E - PROGRAMMATIC CONDITIONS & CROSS-CUTTERS

EXHIBIT F - SCHEDULE OF SYSTEM OBLIGATIONS

EXHIBIT G - DAVIS-BACON REQUIREMENTS

EXHIBIT H - COMPLIANCE WITH CROSS-CUTTING STATE AUTHORITIES City of Roseville
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WHEREAS,

1. The State Water Board is authorized to provide financial assistance under this Agreement pursuant to the following:
• Chapter 6.5 of Division 7 of the California Water Code (State Act) • Title VI of the federal Water Pollution Control Act (Federal Act)

2. The State Water Board determines eligibility for financial assistance, determines a reasonable schedule for providing financial assistance, establishes compliance with the Federal Act and State Act, and establishes the terms and conditions of a financial assistance agreement.

3. The Recipient has applied to the State Water Board for financial assistance for the Project described in Exhibit A of this Agreement and the State Water Board has selected the application for financial assistance.

4. The State Water Board proposes to assist in providing financial assistance for eligible costs of the Project, and the Recipient desires to participate as a recipient of financial assistance from the State Water Board and evidence its obligation to pay Installment Payments, which obligation will be secured by Net Revenues as defined herein, upon the terms and conditions set forth in this Agreement, all pursuant to the Federal Act and the State Act.

NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements herein set forth, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

Subject to the satisfaction of any conditions precedent to this Agreement, this Agreement shall become effective upon the signature of both the Recipient and the State Water Board.

Upon execution, the term of the Agreement shall begin on the Eligible Start Date and extend through the Final Repayment Date.

This Agreement, and any amendments hereto, may be executed and delivered in any number of counterparts, each of which when delivered shall be deemed to be an original, but such counterparts shall together constitute one document. The parties may sign this Agreement, and any amendments hereto, either by an electronic signature using a method approved by the State Water Board or by a physical, handwritten signature. The parties mutually agree that an electronic signature using a method approved by the State Water Board is the same as a physical, handwritten signature for the purposes of validity, enforceability, and admissibility.

ARTICLE I DEFINITIONS

1.1 Definitions.

Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
"Additional Payments" means the Additional Payments described in Section 3.2(c) of this Agreement. "Agreement" means this Installment Sale Agreement, including all exhibits and attachments. "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project.

City of Roseville
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"Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
"Bank" means the California Infrastructure and Economic Development Bank. “Bond Funded Portion of the Project Funds” means any portion of the Project Funds which was or will be funded with Bond Proceeds.
“Bond Proceeds” means original proceeds, investment proceeds, and replacement proceeds of Bonds. "Bonds" means any series of bonds issued by the Bank, the interest on which is excluded from gross income for federal tax purposes, all or a portion of the proceeds of which have been, are, or will be applied by the State Water Board to fund all or any portion of the Project Costs or that are secured in whole or in part by Installment Payments paid hereunder. “Charge In Lieu of Interest” means any fee or charge in lieu of some or all of, but not to exceed, the interest that would otherwise be owed under this Agreement, as set forth in Exhibit C. "Code" as used in Article V of this Agreement means the Internal Revenue Code of 1986, as amended, and any successor provisions and the regulations of the U.S. Department of the Treasury promulgated thereunder.
"Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is identified in Exhibit A of this Agreement.
“CWSRF” means the Clean Water State Revolving Fund.
“Days” means calendar days unless otherwise expressly indicated. “Debt Service” means, as of any date, with respect to outstanding System Obligations and, in the case of the additional debt tests in Section 3.7 of this Agreement, any System Obligations that are proposed to be outstanding, the aggregate amount of principal and interest scheduled to become due (either at maturity or by mandatory redemption), together with any Charge In Lieu of Interest on this Obligation or other System Obligations to the State Water Board, calculated with the following assumptions:
a. Principal payments (unless a different subdivision of this definition applies for purposes of determining principal maturities or amortization) are made in accordance with any amortization schedule published for such principal, including any minimum sinking fund payments;
b. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is issued or will be issued as a tax-exempt obligation under federal law, is the average of the SIFMA Municipal Swap Index, or its successor index, during the 24 months preceding the date of such calculation;
c. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is issued or will be issued as a taxable obligation under federal law, is the average of LIBOR, or its successor index, during the 24 months preceding the date of such calculation;
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d. Interest on a variable rate System Obligation that is subject to a swap agreement is the fixed swap rate or cap strike rate, as appropriate, if the variable rate has been swapped to a fixed rate or capped pursuant to an interest rate cap agreement or similar agreement;
e. Interest on a fixed rate System Obligation that is subject to a swap agreement such that all or a portion of the interest has been swapped to a variable rate shall be treated as variable rate debt under subdivisions (b) or (c) of this definition of Debt Service; f. Payments of principal and interest on a System Obligation are excluded from the calculation of Debt Service to the extent such payments are to be paid from amounts then currently on deposit with a trustee or other fiduciary and restricted for the defeasance of such System Obligations;
g. If 25% or more of the principal of a System Obligation is not due until its final stated maturity, then principal and interest on that System Obligation may be projected to amortize over the lesser of 30 years or the useful life of the financed asset, and interest may be calculated according to subdivisions (b)-(e) of this definition of Debt Service, as appropriate.
“Deputy Director” means the Deputy Director of the Division. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer this Agreement. “Eligible Start Date” means the date set forth in Exhibit B, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder. “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. “Event of Default” means the occurrence of any of the following events:
a) Failure by the Recipient to pay Installment Payments when due, or failure to make any other payment required to be paid pursuant to this Agreement; b) A representation or warranty made by or on behalf of the Recipient in this Agreement or in any document furnished by or on behalf of the Recipient to the State Water Board pursuant to this Agreement shall prove to have been inaccurate, misleading or incomplete in any material respect; c) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
d) Failure by the Recipient to comply with the additional debt test or reserve fund requirement, if any, in Section 3.7 or Exhibit D of this Agreement;
e) Failure to operate the System or the Project without the Division’s approval; f) Failure by the Recipient to observe and perform any covenant, condition, or provision in this Agreement, which failure shall continue for a period of time, to be determined by the Division; g) The occurrence of a material breach or event of default under any System Obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption;
h) Initiation of proceedings seeking arrangement, reorganization, or any other relief under any applicable bankruptcy, insolvency, or other similar law; the appointment of or taking possession of the Recipient’s property by a receiver, liquidator, assignee, trustee, custodian, conservator, or similar official; the Recipient’s entering into a general assignment for the benefit of creditors; the City of Roseville
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initiation of resolutions or proceedings to terminate the Recipient’s existence, or any action in furtherance of any of the foregoing;
i) A determination pursuant to Gov. Code section 11137 that the Recipient has violated any provision in Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code; “Final Disbursement Request Date” means the date established in Exhibit A, after which date, no further Project Funds disbursements may be requested.
“Final Repayment Date” is the date by which all principal and accrued interest due under this Agreement is to be paid in full to the State Water Board and is specified in Exhibit B and Exhibit C. "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any other annual period selected and designated by the Recipient as its Fiscal Year in accordance with applicable law.
"Force Account" means the use of the Recipient's own employees or equipment. “GAAP” means generally accepted accounting principles, the uniform accounting and reporting procedures set forth in publications of the American Institute of Certified Public Accountants or its successor, or by any other generally accepted authority on such procedures, and includes, as applicable, the standards set forth by the Governmental Accounting Standards Board or its successor. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
"Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. "Installment Payment" means any payment due to the State Water Board from the Recipient pursuant to Section 3.2 of this Agreement, as set forth in Exhibit C. “Listed Event” means, so long as the Recipient has outstanding any System Obligation subject to Rule 15c2-12, any of the events required to be reported pursuant to Rule 15c2-12(b)(5). “Maximum Annual Debt Service” means the maximum amount of Debt Service due on System Obligations in any Fiscal Year during the period commencing with the Fiscal Year for which such calculation is made and terminating with the last Fiscal Year in which Debt Service for any System Obligations will become due.
"Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
"Obligation" means the obligation of the Recipient to make Installment Payments and Additional Payments as provided herein, as evidenced by the execution of this Agreement, proceeds of such obligations being used to fund the Project as specified in the Project Description in Exhibit A and Exhibit AFBA and in the documents thereby incorporated by reference.

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"Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. “Other Material Obligation” means an obligation of the Recipient set forth in Exhibit F that is not payable from Net Revenues, but is otherwise material to this transaction. "Policy" means the State Water Board's “Policy for Implementing the Clean Water State Revolving Fund,” as amended from time to time, and including the Intended Use Plan in effect as of the Eligible Start Date. “Project” means the Project financed by this Agreement as described in Exhibit A, Exhibit A-FBA, and in the documents incorporated by reference herein.
"Project Completion" means the date, as determined by the Division after consultation with the Recipient, that operation of the Project is initiated or is capable of being initiated, whichever comes first. "Project Costs" means the incurred costs of the Recipient which are eligible for financial assistance under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Project under GAAP, plus capitalized interest. “Project Funds” means all moneys disbursed to the Recipient by the State Water Board pursuant to this Agreement.
“Recipient” means the City of Roseville.
“Records Retention End Date” means the last date that the Recipient is obligated to maintain records pursuant to Section 2.17 of this Agreement.
“Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water Quality Control Board.
“Reimbursement Resolution” means the Recipient’s reimbursement resolution identified in Exhibit A of this Agreement.
“Reserve Fund” means the reserve fund required pursuant to Section 3.7 of this Agreement. "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
“Rule 15c2-12(b)(5)” means Rule 15c2-12(b)(5) promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended.

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“SRF” means the Clean Water State Revolving Fund.
“State” means State of California.
“State Water Board” means the State Water Resources Control Board. "System" means all wastewater collection, pumping, transport, treatment, storage, and disposal facilities, including land and easements thereof, owned by the Recipient, including the Project, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. “System Obligation” means any obligation of the Recipient payable from the Revenues, including but not limited to this Obligation and obligations reflected in Exhibit F and such additional obligations as may hereafter be issued in accordance with the provisions of such obligations and this Agreement. “Year” means calendar year unless otherwise expressly indicated.

1.2 Exhibits Incorporated.

All exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement.

ARTICLE II REPRESENTATIONS, WARRANTIES, AND COMMITMENTS The Recipient represents, warrants, and commits to the following as of the Eligible Start Date set forth on the first page hereof and continuing thereafter for the term of this Agreement.

2.1 Application and General Recipient Commitments.

The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application a material fact that makes the statements in its application not misleading.

The Recipient shall comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and shall fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for financial assistance.

2.2 Authorization and Validity.

The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.

2.3 No Violations.

The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the first page hereof.

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2.4 No Litigation.

There are no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the System, the Revenues, and/or the Project.

2.5 Solvency and Insurance.

None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. As of the date set forth on the first page hereof, Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. Recipient is able to pay its debts as they become due. Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employers liability, professional liability.

2.6 Legal Status and Eligibility.

Recipient is duly organized and existing and in good standing under the laws of the State of California.

Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Recipient shall maintain its eligibility for funding under this Agreement.

2.7 Financial Statements and Continuing Disclosure.

The financial statements of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.

The Recipient is current in its continuing disclosure obligations associated with its material debt.

2.8 Completion of Project.

The Recipient shall expeditiously proceed with and complete construction of the Project in substantial accordance with Exhibit A and Exhibit A-FBA.

2.9 Award of Construction Contracts.
(a) The Recipient shall award the prime construction contract timely in order to meet the start of construction date specified in Exhibit A.
(b) The Recipient shall promptly notify the Division in writing both of the award of the prime construction contract for the Project and of Initiation of Construction of the Project. The Recipient shall make all reasonable efforts to complete construction in substantial conformance with the terms of the contract by the Completion of Construction date established in Exhibit A.

2.10 Notice.

Upon the occurrence of any of the following events, the Recipient shall notify the Deputy Director and the Division’s project manager within the time specified below.

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(1) The Recipient shall notify the Division within 24 hours of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. In addition to notifying the Deputy Director and the Division’s project manager, notice shall be delivered by phone to (916) 327-9978 and by email to [email protected]. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction, the Recipient shall ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient shall implement appropriate actions as directed by the Division. (2) The Recipient shall notify the Division within five (5) business days of the occurrence of any of the following events:
(a) Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
(b) Change of ownership of the System or change of management or service contracts, if any, for operation of the System;
(c) Loss, theft, damage, or impairment to the Revenues or the System; (d) Failure to meet any debt service coverage test in section 3.7 of this agreement; (e) Draws on the Reserve Fund;
(f) Listed Events or Events of Default, except as set forth in subdivisions (b) or (c) of this section;
(g) Failure to observe or perform any covenant in this Agreement. (3) The Recipient shall notify the Division in writing within ten (10) business days of the following events:
(a) Material defaults on System Obligations, other than this Obligation; (b) Unscheduled draws on debt service reserves held for System Obligations, other than this Obligation, if any, reflecting financial difficulties;
(c) Unscheduled draws on credit enhancements on System Obligations, if any, reflecting financial difficulties;
(d) Substitution of credit or liquidity providers, if any or their failure to perform; (e) Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity to operate the System or the Recipient’s continued existence, circulation of a petition to repeal, reduce, or otherwise challenge the Recipient’s rates for services of the System, consideration of dissolution, or disincorporation, or any other event that could materially impair the Revenues; (f) Adverse tax opinions, the issuance by the Internal Revenue Service or proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices of determinations with respect to the tax status of any tax-exempt bonds; (g) Rating changes on outstanding System Obligations, if any; (h) Issuance of additional parity obligations; or
(i) Enforcement actions by the Regional Water Board;
(4) The Recipient shall notify the Division promptly of the following:
(a) The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this financial assistance, or in any certification, report, or request for disbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
(b) Any substantial change in scope of the Project. The Recipient shall undertake no substantial change in the scope of the Project until prompt written notice of the proposed City of Roseville
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change has been provided to the Division and the Division has given written approval for the change;
(c) Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more; (d) Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more beyond the estimated date of Completion of Construction as specified in Exhibit A; (e) Discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during construction of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
(f) Any Project monitoring, demonstration, or other implementation activities required in Exhibit A or Exhibit D of this Agreement, if any;
(g) Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; (h) Any events requiring notice to the Division pursuant to the provisions of Exhibit E to this Agreement; or
(i) Completion of Construction of the Project, and actual Project Completion.

2.11 Findings and Challenge.

Upon consideration of a voter initiative to reduce Revenues, the Recipient shall make a finding regarding the effect of such a reduction on the Recipient's ability to satisfy the rate covenant set forth in Section 3.7 of this Agreement. The Recipient shall make its findings available to the public and shall request, if necessary, the authorization of the Recipient’s decision-maker or decision-making body to file litigation to challenge any such initiative that it finds will render it unable to satisfy the rate covenant set forth in Section 3.7 and its obligation to operate and maintain the Project for its useful life. The Recipient shall diligently pursue and bear any and all costs related to such challenge. The Recipient shall notify and regularly update the State Water Board regarding the status of any such challenge.

2.12 Project Access.

The Recipient shall ensure that the State Water Board, the Governor of the State, the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the Obligation. The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Project records and locations are public records, including but not limited to all of the submissions accompanying the application, all of the documents incorporated by Exhibit A and Exhibit A-FBA, and all reports, disbursement requests, and supporting documentation submitted hereunder.

2.13 Project Completion; Initiation of Operations.

Upon Completion of Construction of the Project, the Recipient shall expeditiously initiate Project operations.

2.14 Continuous Use of Project; Lease, Sale, Transfer of Ownership, or Disposal of Project.

The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the useful life of the Project without prior written approval of the Division. Such approval City of Roseville
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may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.

2.15 Project Reports.
(a) Status Reports. The Recipient shall provide expeditiously status reports no less frequently than quarterly, starting with the execution of this Agreement. A status report must accompany any disbursement request and is a condition precedent to any disbursement. At a minimum the reports will contain the following information:
(1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
(2) A description of compliance with environmental requirements; (3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
(4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.
(b) Project Completion Report. The Recipient shall submit a Project Completion Report to the Division with a copy to the appropriate Regional Water Board on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must address the following:
(1) Describe the Project,
(2) Describe the water quality problem the Project sought to address, (3) Discuss the Project’s likelihood of successfully addressing that water quality problem in the future, and
(4) Summarize compliance with environmental conditions, if applicable.

If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold disbursements under this Agreement or other agreements, and begin administrative proceedings.
(c) As Needed Reports. The Recipient shall provide expeditiously, during the term of this Agreement, any reports, data, and information reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the state or federal government.

2.16 Federal Disadvantaged Business Enterprise (DBE) Reporting.

The Recipient shall report DBE utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient shall comply with 40 CFR § 33.301.

City of Roseville
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2.17 Records.
(a) Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient shall:
(1) Establish an official file for the Project which adequately documents all significant actions relative to the Project;
(2) Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all assistance funds received under this Agreement;
(3) Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to assistance funds disbursed under this Agreement;
(4) Establish an accounting system which will accurately depict final total costs of the Project, including both direct and indirect costs;
(5) Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and
(6) If Force Account is used by the Recipient for any phase of the Project, other than for planning, design, and construction engineering and administration provided for by allowance, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee. Indirect Force Account costs are not eligible for funding.
(b) The Recipient shall maintain separate books, records and other material relative to the Project.

The Recipient shall also retain such books, records, and other material for itself and for each contractor or subcontractor who performed or performs work on this project for a minimum of thirty-six (36) years after Completion of Construction. The Recipient shall require that such books, records, and other material are subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the California State Auditor, the Bureau of State Audits, the United States Environmental Protection Agency (USEPA), the Office of Inspector General, the Internal Revenue Service, the Governor, or any authorized representatives of the aforementioned. The Recipient shall allow and shall require its contractors to allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar duty regarding audit, interviews, and records retention in any contract or subcontract related to the performance of this Agreement. The provisions of this section shall survive the discharge of the Recipient's Obligation and the term of this Agreement.

2.18 Audit.
(a) The Division may call for an audit of financial information relative to the Project if the Division determines that an audit is desirable to assure program integrity or if an audit becomes necessary because of state or federal requirements. If an audit is called for, the audit shall be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit shall be in the form required by the Division
(b) Audit disallowances will be returned to the State Water Board.

City of Roseville
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ARTICLE III FINANCING PROVISIONS

3.1 Purchase and Sale of Project.

The Recipient hereby sells to the State Water Board and the State Water Board hereby purchases from the Recipient the Project. Simultaneously therewith, the Recipient hereby purchases from the State Water Board, and the State Water Board hereby sells to the Recipient, the Project in accordance with the provisions of this Agreement. All right, title, and interest in the Project shall immediately vest in the Recipient on the date of execution and delivery of this Agreement by both parties without further action on the part of the Recipient or the State Water Board. The State Water Board’s disbursement of funds hereunder is contingent on the Recipient’s compliance with the terms and conditions of this Agreement.

3.2 Amounts Payable by the Recipient.
(a) Installment Payments. Interest will accrue beginning with each disbursement. Beginning one year after Completion of Construction, repayment of the principal of the Project Funds, together with all interest accruing thereon, shall be repaid annually, and shall be fully amortized by the Final Repayment Date.

The Installment Payments are based on a standard fully amortized assistance amount with equal annual payments. The remaining balance is the previous balance, plus the disbursements, plus the accrued interest on both, plus any Charge In Lieu of Interest, less the Installment Payment.

Installment Payment calculations will be made beginning one (1) year after Completion of Construction. Exhibit C is a payment schedule based on the provisions of this article and an estimated disbursement schedule. Actual payments will be based on actual disbursements.

Upon Completion of Construction and submission of necessary reports by the Recipient, the Division will prepare an appropriate payment schedule and supply the same to the Recipient. The Division may amend this schedule as necessary to accurately reflect amounts due under this Agreement. The Division will prepare any necessary amendments to the payment schedule and send them to the Recipient.

The Recipient shall make each Installment Payment on or before the due date therefor. A ten (10) day grace period will be allowed, after which time a penalty in the amount of costs incurred by the State Water Board will be assessed for late payment. These costs may include, but are not limited to, lost interest earnings, staff time, bond debt service default penalties, if any, and other related costs. For purposes of penalty assessment, payment will be deemed to have been made if payment is deposited in the U.S. Mail within the grace period with postage prepaid and properly addressed. Any penalties assessed will not be added to the assistance amount balance, but will be treated as a separate account and obligation of the Recipient. The interest penalty will be assessed from the payment due date.

The Recipient is obligated to make all payments required by this Agreement to the State Water Board, notwithstanding any individual default by its constituents or others in the payment to the Recipient of fees, charges, taxes, assessments, tolls or other charges ("Charges") levied or imposed by the Recipient. The Recipient shall provide for the punctual payment to the State Water Board of all amounts which become due under this Agreement and which are received from constituents or others in the payment to the Recipient. In the event of failure, neglect or refusal of any officer of the Recipient to levy or cause to be levied any Charge to provide payment City of Roseville
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by the Recipient under this Agreement, to enforce or to collect such Charge, or to pay over to the State Water Board any money collected on account of such Charge necessary to satisfy any amount due under this Agreement, the State Water Board may take such action in a court of competent jurisdiction as it deems necessary to compel the performance of all duties relating to the imposition or levying and collection of any of such Charges and the payment of the money collected therefrom to the State Water Board. Action taken pursuant hereto shall not deprive the State Water Board of, or limit the application of, any other remedy provided by law or by this Agreement.

Each Installment Payment shall be paid in lawful money of the United States of America by check or other acceptable form of payment set forth at www.waterboards.ca.gov/make_a_payment.

The Recipient shall not be entitled to interest earned on undisbursed funds. Upon execution of this Agreement, the State Water Board shall encumber an amount equal to the Obligation. The Recipient shall pay Installment Payments and Additional Payments from Net Revenues and/or other amounts legally available to the Recipient therefor. Interest on any funds disbursed to the Recipient shall begin to accrue as of the date of each disbursement. (b) Project Costs. The Recipient shall pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient shall nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board.
(c) Additional Payments. In addition to the Installment Payments required to be made by the Recipient, the Recipient shall also pay to the State Water Board the reasonable extraordinary fees and expenses of the State Water Board, and of any assignee of the State Water Board's right, title, and interest in and to this Agreement, in connection with this Agreement, including all expenses and fees of accountants, trustees, staff, contractors, consultants, costs, insurance premiums and all other extraordinary costs reasonably incurred by the State Water Board or assignee of the State Water Board.

Additional Payments may be billed to the Recipient by the State Water Board from time to time, together with a statement executed by a duly authorized representative of the State Water Board, stating that the amounts billed pursuant to this section have been incurred by the State Water Board or its assignee for one or more of the above items and a copy of the invoice or statement for the amount so incurred or paid. Amounts so billed shall be paid by the Recipient within thirty (30) days after receipt of the bill by the Recipient.
(d) The Recipient may not prepay any portion of the principal and interest due under this Agreement without the written consent of the Deputy Director of the Division.

3.3 Obligation Absolute.

The obligation of the Recipient to make the Installment Payments and other payments required to be made by it under this Agreement, from Net Revenues and/or other amounts legally available to the Recipient therefor, is absolute and unconditional, and until such time as the Installment Payments and Additional Payments have been paid in full, the Recipient shall not discontinue or suspend any Installment Payments or other payments required to be made by it hereunder when due, whether or not the System or any part thereof is operating or operable or has been completed, or its use is suspended, interfered with, reduced or curtailed or terminated in whole or in part, and such Installment Payments and other payments shall not be subject to reduction whether by offset or otherwise and shall not be conditional upon the performance or nonperformance by any party of any agreement for any cause whatsoever.

City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
14 2017 cx5v18

3.4 No Obligation of the State.

Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this Agreement. If this Agreement’s funding for any fiscal year expires due to reversion or is reduced, substantially delayed, or deleted by the Budget Act, by Executive Order, or by order or action of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an amendment to the Recipient to reflect the reduced amount.

3.5 Disbursement of Project Funds; Availability of Funds. (a) Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be made as follows:
(1) Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate disbursement of any eligible incurred planning and design allowance as specified in Exhibit B from the Project Funds through submission to the State Water Board of the Disbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.
(2) The Recipient may request disbursement of eligible construction and equipment costs consistent with budget amounts referenced in Exhibit B and Exhibit A-FBA. (Note that this Agreement will be amended to incorporate Exhibit A-FBA after final budget approval.) (3) Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Disbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of status reports due under Section 2.15 above. (4) The Recipient shall not request disbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of disbursement request. Supporting documentation (e.g., receipts) must be submitted with each Disbursement Request. The amount requested for administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Disbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Disbursement Request.
(5) Recipient shall spend Project Funds within 30 days of receipt. Any interest earned on Project Funds shall be reported to the State Water Board and may be required to be returned to the State Water Board or deducted from future disbursements. (6) The Recipient shall not be entitled to interest earned on undisbursed funds. (7) The Recipient shall not request a disbursement unless that Project Cost is allowable, reasonable, and allocable.
(8) Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations.
(9) Costs incurred for travel outside the State of California are not eligible for reimbursement under this Agreement unless the Division provides prior written authorization. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Recipient.

City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
15 2017 cx5v18
(b) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the federal or State government to appropriate funds necessary for disbursement of Project Funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other agency. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. (c) Fraud and Misuse of Public Funds. All requests for disbursement submitted shall be accurate and signed by the Recipient’s Authorized Representative under penalty of perjury. All costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Recipient shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is improper and will not be compensated. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements and, notwithstanding any other section in this Agreement, the termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability.

3.6 Withholding of Disbursements and Material Violations.

Notwithstanding any other provision of this Agreement, the State Water Board may withhold all or any portion of the Project Funds upon the occurrence of any of the following events:
a. The Recipient’s failure to maintain reasonable progress on the Project as determined by the Division;
b. Placement on the ballot or passage of an initiative or referendum to repeal or reduce the Recipient’s taxes, assessments, fees, or charges levied for operation of the System or repayment of debt service on System Obligations;
c. Commencement of litigation or a judicial or administrative proceeding related to the System, Project, or Revenues that the State Water Board determines may impair the timely completion of the Project or the repayment of the Obligation; d. Any investigation by the District Attorney, California State Auditor, Bureau of State Audits, United States Environmental Protection Agency’s Office of Inspector General, the Internal Revenue Service, Securities and Exchange Commission, a grand jury, or any other state or federal agency, relating to the Recipient’s financial management, accounting procedures, or internal fiscal controls;
e. A material adverse change in the condition of the Recipient, the Revenues, or the System, that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement, or any other event that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement,
f. The Recipient’s material violation of, or threat to materially violate, any term of this Agreement;
g. Evidence of fraud, forgery, embezzlement, theft, or any other misuse of public funds by the Recipient or its employees, or by its contractors or agents regarding the Project or the System;
City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
16 2017 cx5v18
h. An Event of Default or an event that the Division determines may become an Event of Default;

3.7 Pledge; Rates, Fees and Charges; Additional Debt.
(a) Establishment of Enterprise Fund and Reserve Fund. In order to carry out its System Obligations, the Recipient covenants that it shall establish and maintain or shall have established and maintained the Enterprise Fund. All Revenues received shall be deposited when and as received in trust in the Enterprise Fund. As required in paragraph (f) of this Section, the Recipient shall establish and maintain a Reserve Fund.
(b) Pledge of Net Revenues, Enterprise Fund, and Reserve Fund. The Obligation hereunder shall be secured by a lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund in priority as specified in Exhibit F (senior, parity, or subordinate). The Recipient hereby pledges and grants such lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund to secure the Obligation, including payment of Installment Payments and Additional Payments hereunder. The Net Revenues in the Enterprise Fund, shall be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Recipient.
(c) Application and Purpose of the Enterprise Fund. Subject to the provisions of any outstanding System Obligation, money on deposit in the Enterprise Fund shall be applied and used first, to pay Operations and Maintenance Costs, and thereafter, all amounts due and payable with respect to the System Obligations. After making all payments hereinabove required to be made in each Fiscal Year, the Recipient may expend in such Fiscal Year any remaining money in the Enterprise Fund for any lawful purpose of the Recipient, including payment of subordinate debt. (d) Rates, Fees and Charges.

The Recipient shall, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and shall ensure that Net Revenues are equal to at least 120% of the Maximum Annual Debt Service with respect to all outstanding System Obligations.

The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section. (e) Additional Debt Test.
(1) Additional Senior Debt. The Recipient’s future debt that is secured by Revenues pledged herein may not be senior to this Obligation, except where the new senior obligation refunds or refinances a senior obligation with the same lien position as the existing senior obligation, the new senior obligation has the same or earlier repayment term as the refunded senior debt, the new senior debt service is the same or lower than the existing debt service, and the new senior debt will not diminish the Recipient’s ability to repay its SRF obligations.

City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
17 2017 cx5v18
(2) Additional Parity or Subordinate Debt. The Recipient may issue additional parity or subordinate debt only if
(A) Net Revenues in the most recent Fiscal Year, excluding transfers from a rate stabilization fund, if any, meet the ratio for rate covenants set forth in paragraph (d) of this Section with respect to all outstanding and proposed additional obligations; (B) The Recipient is in compliance with any reserve fund requirement of this Obligation. (f) Reserve Fund.

Prior to Completion of Construction, the Recipient shall establish a restricted Reserve Fund, held in its Enterprise Fund, equal to one year’s Debt Service on this Obligation. The Recipient shall maintain the Reserve Fund throughout the term of this Agreement. The Reserve Fund shall be subject to lien and pledged as security for this Obligation, and its use shall be restricted to payment of this Obligation during the term of this Agreement. (g) The Recipient may issue or incur subordinate obligations or otherwise issue or incur obligations payable from a lien on Net Revenues that is subordinate to the lien of Net Revenues securing the Obligation.
(h) The Recipient shall not make any pledge of or place any lien on Revenues and shall not make any pledge of or place any lien on Net Revenues except as otherwise provided or permitted by this Agreement.

3.8 Financial Management System and Standards.

The Recipient shall comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient shall be bound by, and to comply with, the provisions and requirements of the federal Single Audit Act of 1984, Office of Management and Budget (OMB) Circular No. A-133 and 2 CFR Part 200, subpart F, and updates or revisions, thereto.

3.9 Accounting and Auditing Standards.

The Recipient must maintain project accounts according to GAAP as issued by the Governmental Accounting Standards Board (GASB) or its successor. The Recipient shall maintain GAAP-compliant project accounts, including GAAP requirements relating to the reporting of infrastructure assets.

3.10 Other Assistance.

If funding for Project Costs is made available to the Recipient from sources other than this Agreement, the Recipient shall notify the Division. The Recipient may retain such funding up to an amount which equals the Recipient's local share of Project Costs. To the extent allowed by requirements of other funding sources, excess funding shall be remitted to the State Water Board to be applied to Installment Payments due hereunder, if any.

ARTICLE IV MISCELLANEOUS PROVISIONS

4.1 Amendment.

City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
18 2017 cx5v18
No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by both the Recipient and the Deputy Director or designee. Requests for amendments shall be made in writing and directed to the Deputy Director.

4.2 Assignability.

The Recipient consents to any pledge, sale, or assignment to the Bank or a trustee for the benefit of the owners of the Bonds, if any, at any time of any portion of the State Water Board's estate, right, title, and interest and claim in, to and under this Agreement and the right to make all related waivers and agreements in the name and on behalf of the State Water Board, as agent and attorney-in-fact, and to perform all other related acts which are necessary and appropriate under this Agreement, if any, and the State Water Board's estate, right, title, and interest and claim in, to and under this Agreement to Installment Payments (but excluding the State Water Board's rights to Additional Payments and to notices, opinions and indemnification under each Obligation). This Agreement is not assignable by the Recipient, either in whole or in part, without the consent of the State Water Board in the form of a formal written amendment to this Agreement.

4.3 Bonding.

Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00.

4.4 Competitive Bidding
Recipient shall adhere to any applicable state law or local ordinance for competitive bidding and applicable labor laws.

4.5 Compliance with Law, Regulations, etc.

The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, to the extent applicable, the Recipient shall:
(a) Comply with the provisions of the adopted environmental mitigation plan, if any, for the term of this Agreement;
(b) Comply with the State Water Board's Policy;
(c) Comply with and require compliance with the list of State laws attached as Exhibit H. (d) Comply with and require its contractors and subcontractors on the Project to comply with federal DBE requirements; and
(e) Comply with and require its contractors and subcontractors to comply with the list of federal laws attached as Exhibit E.

4.6 Conflict of Interest.

The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in compliance with applicable state and federal conflict of interest laws.

4.7 Damages for Breach Affecting Tax-Exempt Status or Federal Compliance City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
19 2017 cx5v18
In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, including Bonds issued on behalf of the State Water Board, or if such breach shall result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach shall result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.

4.8 Disputes.
(a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute.
(b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.
(c) Recipient shall continue with the responsibilities under this Agreement during any dispute. (d) This section 4.8 relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.

4.9 Governing Law.

This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

4.10 Income Restrictions.

The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient under this Agreement shall be paid by the Recipient to the State Water Board, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the State Water Board under this Agreement.

4.11 Indemnification and State Reviews.

The parties agree that review or approval of Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board, the Bank, and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
20 2017 cx5v18
"Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the System or the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the System or the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement, except those arising from the gross negligence or willful misconduct of the Indemnified Persons. The Recipient shall also provide for the defense and indemnification of the Indemnified Parties in any contractual provision extending indemnity to the Recipient in any contract let for the performance of any work under this Agreement, and shall cause the Indemnified Parties to be included within the scope of any provision for the indemnification and defense of the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement and the discharge of the Recipient's Obligation hereunder.

4.12 Independent Actor.

The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board.

4.13 Integration.

This Agreement constitutes the complete and final agreement between the parties. No oral or written understanding or agreement not incorporated in this Agreement shall be binding on either party.

4.14 Leveraging Covenants.
(a) Tax Covenant. Notwithstanding any other provision hereof, the Recipient covenants and agrees that it will comply with the Tax Covenants set forth in Article V of this Agreement. (b) Disclosure of Financial Information, Operating Data, and Other Information. The Recipient covenants to furnish such financial, operating and other data pertaining to the Recipient as may be requested by the State Water Board to: (i) enable the State Water Board to cause the issuance of Bonds and provide for security therefor; or (ii) enable any underwriter of Bonds issued for the benefit of the State Water Board to comply with Rule 15c2-12(b)(5). The Recipient further covenants to provide the State Water Board with copies of all continuing disclosure documents or reports that are disclosed pursuant to (i) the Recipient’s continuing disclosure undertaking or undertakings made in connection with any outstanding System Obligation, (ii) the terms of any outstanding System Obligation, or (iii) a voluntary disclosure of information related to an outstanding System Obligation. The Recipient shall disclose such documents or reports to the State Water Board at the same time such documents or reports are submitted to any City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
21 2017 cx5v18
dissemination agent, trustee, nationally recognized municipal securities information repository, the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access (EMMA) website or other person or entity.

4.15 Non-Discrimination Clause.
(a) The Recipient shall comply with Government Code section 11135 and the implementing regulations (Cal. Code Regs, tit. 2, § 11140 et seq.), including, but not limited to, ensuring that no person is unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation of, the Project or System on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation as such terms are defined under California law, for as long as the Recipient retains ownership or possession of the Project.
(b) If Project Funds are used to acquire or improve real property, the Recipient shall include a covenant of nondiscrimination running with the land in the instrument effecting or recording the transfer of such real property.
(c) The Recipient shall comply with the federal American with Disabilities Act of 1990 and implementing regulations as required by Government Code section 11135(b). (d) The Recipient’s obligations under this section shall survive the term of this Agreement. (e) During the performance of this Agreement, Recipient and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. (f) The Recipient, its contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
(g) The Recipient, its contractors, and subcontractors shall comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov.

Code, §12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (h) The Recipient, its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
(i) The Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

4.16 No Third Party Rights.

City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
22 2017 cx5v18
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein.

4.17 Operation and Maintenance; Insurance.

The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the System during its useful life in accordance with all applicable state and federal laws, rules, and regulations.

The Recipient will procure and maintain or cause to be maintained insurance on the System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System) as are usually covered in connection with systems similar to the System. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program.

In the event of any damage to or destruction of the System caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System. The Recipient shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the System shall be free and clear of all claims and liens. If such net proceeds are insufficient to reconstruct, repair, or restore the System to the extent necessary to enable the Recipient to pay all remaining unpaid principal portions of the Installment Payments, if any, in accordance with the terms of this Agreement, the Recipient shall provide additional funds to restore or replace the damaged portions of the System.

Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and shall provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.

4.18 Permits, Subcontracting, and Remedies.

The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules and regulations. Recipient shall procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Signed copies of any such permits or licenses shall be submitted to the Division before construction begins.

The Recipient shall not contract or allow subcontracting with excluded parties. The Recipient shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the Recipient shall not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at
http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.shtml

4.19 Prevailing Wages.

City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
23 2017 cx5v18
The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. The Recipient shall monitor all agreements subject to reimbursement from this Agreement to ensure that the prevailing wage provisions of the State Labor Code are being met. In addition, the Recipient agrees to comply with the provisions of Exhibit G (Davis-Bacon).

4.20 Public Funding.

This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.

4.21 Recipient’s Responsibility for Work.

The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.

4.22 Related Litigation.

Under no circumstances may the Recipient use funds from any disbursement under this Agreement to pay costs associated with any litigation the Recipient pursues against the State Water Board or any Regional Water Quality Control Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Recipient agrees to repay all of the disbursed funds plus interest in the event that Recipient does not complete the project.

4.23 Rights in Data.

The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request.

4.24 State Water Board Action; Costs and Attorney Fees.

Any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Recipient, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees.

4.25 Termination and Other Remedies Upon Event of Default.

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Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
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For purposes of this section, the term “State Water Board” shall mean the State Water Board and its assignees.
(a) Return of Funds; Acceleration; and Additional Payments. Notwithstanding Exhibit B, if the Division determines that an Event of Default has occurred, the Recipient shall, upon demand, immediately do each of the following:
(a) return to the State Water Board the grant or principal forgiveness amounts received pursuant to this Agreement, if any;
(b) accelerate the payment of all principal owed under this Agreement, if any, which shall be immediately due and payable;
(c) pay interest at the highest legal rate on all amounts owed; and (d) pay any Additional Payments.
(b) Judicial remedies. Whenever the State Water Board determines that an Event of Default shall have occurred, the State Water Board may enforce its rights under this Agreement by any judicial proceeding, whether at law or in equity. Without limiting the generality of the foregoing, the State Water Board may: by suit in equity, require the Recipient to account for amounts relating to this Agreement as if the Recipient were the trustee of an express trust; by mandamus or other proceeding, compel the performance by the Recipient and any of its officers, agents, and employees of any duty under the law or of any obligation or covenant under this Agreement, including but not limited to the imposition and collection of rates for the services of the System sufficient to meet all requirements of this Agreement; and take whatever action at law or in equity as may appear necessary or desirable to the State Water Board to collect the Installment Payments then due or thereafter to become due, or to enforce performance of any obligation or covenant of the Recipient under this Agreement.
(c) Termination. Upon an Event of Default, the State Water Board may terminate this Agreement.

Interest shall accrue on all amounts due at the highest legal rate of interest from the date that the State Water Board delivers notice of termination to the Recipient. (d) Remedies Not Exclusive. None of the remedies available to the State Water Board shall be exclusive of any other remedy, and each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter existing, without exhausting and without regard to any other remedy.
(e) Non-waiver. Nothing in this section or any other section of this Agreement shall affect or impair the Recipient’s obligation to pay Installment Payments as provided herein or shall affect or impair the right of the State Water Board to bring suit to enforce such payment. No delay or omission of the State Water Board in the exercise of any right arising upon an Event of Default shall impair any such right or be construed to be a waiver of any such Event of Default. The State Water Board may exercise from time to time and as often as shall be deemed expedient by the State Water Board, any remedy or right provided by law or pursuant to this Agreement. (f) Status Quo. If any action to enforce any right or exercise any remedy shall be brought and either discontinued or determined adversely to the State Water Board, then the State Water Board shall be restored to its former position, rights and remedies as if no such action had been brought.

4.26 Timeliness.

Time is of the essence in this Agreement.

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Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
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4.27 Unenforceable Provision.

In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

4.28 Useful Life.

The Recipient warrants that the economic useful life of the Project, commencing at Project Completion, is at least equal to the term of this Agreement, as set forth in Exhibit B.

4.29 Venue.

Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California.

4.30 Waiver and Rights of the State Water Board.

Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter.

Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law.

ARTICLE V TAX COVENANTS

5.1 Purpose.

The purpose of this Article V is to establish the reasonable expectations of the Recipient regarding the Project and the Project Funds, and is intended to be and may be relied upon for purposes of Sections 103, 141 and 148 of the Code and as a certification described in Section 1.148-2(b)(2) of the Treasury Regulations. This Article V sets forth certain facts, estimates and circumstances which form the basis for the Recipient’s expectation that neither the Project nor the Bond Funded Portion of the Project Funds is to be used in a manner that would cause the Obligation to be classified as “arbitrage bonds” under Section 148 of the Code or “private activity bonds” under Section 141 of the Code.

5.2 Tax Covenant.

The Recipient agrees that it will not take or authorize any action or permit any action within its reasonable control to be taken, or fail to take any action within its reasonable control, with respect to the Project which would result in the loss of the exclusion of interest on the Bonds from gross income for federal income tax purposes under Section 103 of the Code.

5.3 Governmental Unit.

The Recipient is a state or local governmental unit as defined in Section 1.103-1 of the Treasury Regulations or an instrumentality thereof (a "Governmental Unit") and is not the federal government or any agency or instrumentality thereof.

5.4 Financing of a Capital Project.

City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
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The Recipient will use the Project Funds to finance costs it has incurred or will incur for the construction, reconstruction, installation or acquisition of the Project. Such costs shall not have previously been financed with the proceeds of any other issue of tax-exempt obligations.

5.5 Ownership and Operation of Project.

The Recipient exclusively owns and, except as provided in Section 5.12 hereof, operates the Project.

5.6 Temporary Period.

The Recipient reasonably expects that at least eighty-five percent (85%) of the Bond Funded Portion of the Project Funds will be allocated to expenditures for the Project within three (3) years of the earlier of the effective date of this Agreement or the date the Bonds are issued ("Applicable Date"). The Recipient has incurred, or reasonably expects that it will incur within six (6) months of the Applicable Date, a substantial binding obligation (i.e., not subject to contingencies within the control of the Recipient or a related party) to a third party to expend at least five percent (5%) of the Bond Funded Portion of the Project Funds on Project Costs. The completion of acquisition, construction, improvement and equipping of the Project and the allocation of the Bond Funded Portion of the Project Funds to Project Costs will proceed with due diligence.

5.7 Working Capital.

No operational expenditures of the Recipient or any related entity are being, have been or will be financed or refinanced with Project Funds.

5.8 Expenditure of Proceeds.

The Bond Funded Portion of the Project Funds shall be used exclusively for the following purposes: (i) Reimbursement Expenditures (as defined in Section 5.20 below), (ii) Preliminary Expenditures (as defined in Section 5.20 below) in an aggregate amount not exceeding twenty percent (20%) of the Bond Funded Portion of the Project Funds, (iii) capital expenditures relating to the Project originally paid by the Recipient on or after the date hereof, (iv) interest on the Obligation through the later of three (3) years after the Applicable Date or one (1) year after the Project is placed in service, and (v) initial operating expenses directly associated with the Project in the aggregate amount not more than five percent (5%) of the Bond Funded Portion of the Project Funds.

5.9 Private Use and Private Payments.

No portion of the Project Funds or the Project is being, has been or will be used in the aggregate for any activities that constitute a Private Use (as defined below). No portion of the principal of or interest with respect to the Installment Payments will be secured by any interest in property (whether or not the Project) used for a Private Use or in payments in respect of property used for a Private Use, or will be derived from payments in respect of property used for a Private Use. "Private Use" means any activity that constitutes a trade or business that is carried on by persons or entities, other than a Governmental Unit. The leasing of the Project or the access by or the use of the Project by a person or entity other than a Governmental Unit on a basis other than as a member of the general public shall constitute a Private Use. Use by or on behalf of the State of California or any of its agencies, instrumentalities or subdivisions or by any local Governmental Unit and use as a member of the general public will be disregarded in determining whether a Private Use exists. Use under an arrangement that conveys priority rights or other preferential benefits is generally not use on the same basis as the general public. Arrangements providing for use that is available to the general public at no charge or on the basis of rates that are generally applicable and uniformly applied do not convey priority rights or other preferential benefits. For this purpose, rates may be treated as generally applicable and uniformly applied even if (i) different rates apply to different classes of users, such as volume purchasers, if the differences in rates are customary and reasonable; or (ii) a specially negotiated rate arrangement is entered into, but only if the user is City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
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prohibited by federal law from paying the generally applicable rates, and the rates established are as comparable as reasonably possible to the generally applicable rates. An arrangement that does not otherwise convey priority rights or other preferential benefits is not treated, nevertheless, as general public use if the term of the use under the arrangement, including all renewal options, is greater than 200 days. For this purpose, a right of first refusal to renew use under the arrangement is not treated as a renewal option if (i) the compensation for the use under the arrangement is redetermined at generally applicable, fair market value rates that are in effect at the time of renewal; and (ii) the use of the financed property under the same or similar arrangements is predominantly by natural persons who are not engaged in a trade or business.

5.10 No Sale, Lease or Private Operation of the Project.

The Project (or any portion thereof) will not be sold or otherwise disposed of, in whole or in part, to any person who is not a Governmental Unit prior to the final maturity date of the Obligation. The Project will not be leased to any person or entity that is not a Governmental Unit prior to the final maturity date of the Obligation. Except as permitted under Section 5.12 hereof, the Recipient will not enter any contract or arrangement or cause or permit any contract or arrangement to be entered with persons or entities that are not Governmental Units if that contract or arrangement would confer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts.

5.11 No Disproportionate or Unrelated Use.

No portion of the Project Funds or the Project is being, has been, or will be used for a Private Use that is unrelated or disproportionate to the governmental use of the Project Funds.

5.12 Management and Service Contracts.

The Recipient represents that, as of the date hereof, it is not a party to any contract, agreement or other arrangement with any persons or entities engaged in a trade or business (other than Governmental Units) that involve the management or operation of property or the provision of services at or with respect to the Project that does not comply with the standards of the Treasury Regulations, Revenue Procedure 97-13, as modified by Revenue Procedure 2001-39 and IRS Notice 2014-67, or Revenue Procedure 2017-13, as applicable. The Recipient represents that it will not be party to any such contract, agreement or arrangement with any person or entity that is not a Governmental Unit for the management of property or the provision of services at or with respect to the Project, while the Obligation (including any obligation or series thereof issued to refund the Obligation, as the case may be) is outstanding, except: (a) with respect to any contract, agreement or arrangement that does not constitute “private business use” of the Project under Code §141(b), or (b) with respect to any contract, agreement or arrangement that complies with (i) Revenue Procedure 97-13, 1997-1 C.B. 632, as amended by Revenue Procedure 2001-39, 2001- 2 C.B. 38, and as amplified by Notice 2014-67, with respect to contracts entered into before August 18, 2017 and not materially modified or extended after August 18, 2017, or (ii) Revenue Procedure 2017-13, with respect to contracts entered into or materially modified or extended on or after August 18, 2017, or (c) with respect to any contract, agreement or arrangement that does not give rise to use of the Bond Funded Portion of the Project Funds or the Project by a non-Governmental Unit of more than the amount of such non-qualified use permitted by the Code, or (d) in the event that the Recipient receives an opinion of counsel, satisfactory to the State Water Board and the Bank and expert in the issuance of state and local government bonds the interest on which is excluded from gross income under Section 103 of the Code (“Nationally-Recognized Bond Counsel”), that such contract, agreement or arrangement will not adversely affect the exclusion of the interest on the Obligation from gross income for federal income taxation purposes.

5.13 No Disposition of Financed Property.

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Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
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As of the date hereof, the Recipient does not expect to sell or otherwise dispose of any portion of the Project, in whole or in part, prior to the final maturity date of the Obligation.

5.14 Useful Life of Project.

As of the date hereof, the Recipient reasonably expects that the economic useful life of the Project, commencing at Project Completion, will be at least equal to the term of this Agreement, as set forth on Exhibit B hereto.

5.15 Installment Payments.

Installment Payments generally are expected to be derived from assessments, taxes, fees, charges or other current Revenues of the Recipient in each year, and such current Revenues are expected to equal or exceed the Installment Payments during each payment period. Any amounts accumulated in a sinking fund or bona fide debt service fund to pay Installment Payments (whether or not deposited to a fund or account established by the Recipient) will be disbursed to pay Installment Payments within thirteen months of the initial date of accumulation or deposit. Any such fund used for the payment of Installment Payments will be depleted once a year except for a reasonable carryover amount not exceeding the greater of earnings on such fund or one-twelfth of the Installment Payments in either case for the immediately preceding year.

5.16 No Other Replacement Proceeds.

The Recipient will not use any of the Bond Funded Portion of the Project Funds to replace or substitute other funds of the Recipient that were otherwise to be used to finance the Project or which are or will be used to acquire securities, obligations or other investment property reasonably expected to produce a yield that is materially higher than the yield on the Bonds.

5.17 No Sinking or Pledged Fund.

Except as set forth in Section 5.18 below, the Recipient will not create or establish any sinking fund or pledged fund which will be used to pay Installment Payments on the Obligation within the meaning of Section 1.148-1(c) of the Treasury Regulations. If any sinking fund or pledged fund comes into being with respect to the Obligation before the Obligation has been fully retired which may be used to pay the Installment Payments, the Recipient will invest such sinking fund and pledged fund moneys at a yield that does not exceed the yield on the Bonds.

5.18 Reserve Amount.

The State Water Board requires that the Recipient maintain and fund a separate account in an amount equal to one (1) year of Debt Service with respect to the Obligation (the “Reserve Amount”) as set forth in Section 3.7. The Recipient represents that the Reserve Amount is and will be available to pay debt service with respect to the Obligation, if and when needed. The Reserve Amount consists solely of revenues of the Recipient and does not include any proceeds of any obligations the interest on which is excluded from gross income for federal income tax purposes or investment earnings thereon. The aggregate of the Reserve Amount, up to an amount not exceeding the lesser of (i) ten percent of the aggregate principal amount of the Obligation, (ii) the maximum annual debt service with respect to the Obligation, or (iii) 125 percent of the average annual debt service with respect to the Obligation, will be treated as a reasonably required reserve fund.

5.19 Reimbursement Resolution.

City of Roseville
Agreement No.: SWRCB0000000000D1901013
Project No.: C-06-8215-110
Amendment No. 2
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The “reimbursement resolution” adopted by the Recipient is incorporated herein by reference, pursuant to Exhibit A.

5.20 Reimbursement Expenditures.

Reimbursements are disallowed, except as specifically authorized in Exhibit B or Exhibit D of this Agreement. To the extent so authorized, a portion of the Bond Funded Portion of the Project Funds may be applied to reimburse the Recipient for Project Costs paid before the date hereof, so long as the Project Cost was (i) not paid prior to sixty (60) days before the Recipient’s adoption of a declaration of official intent to finance the Project, (ii) not paid more than eighteen (18) months prior to the date hereof or the date the Project was placed-in-service, whichever is later, and (iii) not paid more than three (3) years prior to the date hereof (collectively, “Reimbursement Expenditures”), unless such cost is attributable to a “preliminary expenditure.” Preliminary expenditure for this purpose means architectural, engineering, surveying, soil testing and similar costs incurred prior to the commencement of construction or rehabilitation of the Project, but does not include land acquisition, site preparation and similar costs incident to the commencement of acquisition, construction or rehabilitation of the Project. Preliminary expenditures may not exceed 20% of the Bond Funded Portion of the Project Funds.