PHASE 3 - SCHEMATIC DESIGN – NOT IN CONTRACT
Service provided and completed under separate Professional Design Service Agreement, October 06, 2021, pursuant to City RFP 08-079, Roseville City Council Resolution 21-413.
PHASE 4 – DESIGN DEVELOPMENT
Phase 4 activities will consist of the further refinement of the PGWWTP Schematic Design (prepared under separate agreement and approved by the City), through the Design Development process. Design Development tasks will include establishing, evaluating, and selecting Interior Design direction and finalizing the Architectural Design and Engineering Systems and selections for the Project.
Energy and Sustainability
19six will continue to refine energy and resource conservation and sustainability strategies chosen for inclusion in the Projects.
Interior Design
Interior Design tasks will include an imaging exercise that will establish an Interior Design theme to be further developed in Construction Documents including, volume studies of interior spaces, alternative image study boards and concepts, alternatives for interior building standards ie: doors, hardware, ceilings, lighting, plumbing fixtures.
Code/Accessibility Analysis Update
Based on Design Development exhibits 19six will update the Code/Access Compliance Analysis.
Estimate of Probable Construction Cost
Based on final 90% Design Development progress documents approved by the City, 19six will prepare an Estimate of Probable Construction Cost. The Estimate will consider anticipated cost of construction, factors for escalation (inflationary effects on construction materials and labor), and contingencies (for project unknowns).
Progress Meetings
At stages appropriate to the progress of the work, 19six will facilitate in Progress Meetings with representatives of the PGWWTP, and other City Staff and other members of the Project Team to review progress, determine preferred alternates and secure approval to proceed.
Phase 4 Meetings
Progress Meetings
Agency Review Meetings
Phase 4 Design Deliverables
Meeting Agendas and Minutes
Pleasant Grove Wastewater Treatment Plant
April 4, 2024
Design Development 30%, 60% and Final Progress
Interior Design Development 30%, 60% and Final Progress Estimate of Probable Construction Cost 90% Progress
Sustainable Design strategies and benchmark program(s) update
PHASE 5 – CONSTRUCTION DOCUMENTS
Phase 5 activities will consist of the preparation of final Construction Documents (Drawings and Project Manual/Specifications) setting forth in detail the construction requirements for the project. Drawings to be prepared in Revit format, BIM 200 level.
Energy and Sustainability
19six will finalize and confirm energy and resource conservation and sustainability strategies chosen for inclusion in the Project.
Interior Design
Interior Design tasks will finalize theme established in Design Development including material/sample boards representing two alternatives for interior materials, finishes and colors, finish schedules for interior materials, finishes and colors, building standards for doors, hardware, ceilings, lighting, plumbing fixtures.
Update Code/Accessibility Analysis
Based on Construction Document exhibits 19six will update the Code/Access Compliance Analysis.
Agency Review
19six will facilitate meeting(s) representatives of the PGWWTP, and other City Staff and City agencies having jurisdiction over the project, including Planning, Building, Fire and Transportation Departments, to present the Projects, and solicit feedback.
Building Permit Processing
19six will be responsible for the processing of application for Building Permit and will submit, track and route of permit applications, resubmittals, and related documents.
Estimate of Probable Construction Cost
Based on Final Construction Documents approved by the City, 19six will prepare an Estimate of Probable Construction Cost. The Estimate will consider anticipated cost of construction, factors for escalation (inflationary effects on construction materials and labor), and contingencies (for project unknowns).
Progress Meetings
Pleasant Grove Wastewater Treatment Plant
April 4, 2024
At stages appropriate to the progress of the work, 19six will facilitate in Progress Meetings with representatives of the PGWWTP, and other City Staff and other members of the Project Team to review progress, determine preferred alternates and secure approval to proceed.
Phase 5 Meetings
Progress Meetings
Agency Review Meetings
Phase 5 Design Deliverables
Meeting Agendas and Minutes
Construction Documents 30%, 60% and 90% (Permit Sets) Construction Documents Final Progress (Bid Sets)
Estimate of Probable Construction Cost 90% Progress
Final summary of Energy and Resource conservation and Sustainable Design strategies incorporated into Projects (for use by City).
Deliverables (100% Design Deliverables)
Construction Documents and Specifications
PHASE 6 - PROJECT BIDDING
Phase 6 activities will consist of 19six assisting the City in preparing the final bidding documents including:
Incorporating Bid Alternates as directed by the City
Answering bid questions and preparation of any Addenda Attendance with Pre-Bid Conference as scheduled by the City
Meetings
One (1) Pre-Bid Walk-through
Deliverables
Bid Documents and addenda to be provided to City in PDF Format
PHASE 7 - PROJECT CONSTRUCTION ADMINISTRATION
Phase 7 a ctivities will consist of 19six assisting the City in connection with administration of the construction contract including:
Attend Pre-Construction Conference and Mobilization Conference meetings. Facilitate periodic field visits
Provide consultant meeting notes and field observation reports Pleasant Grove Wastewater Treatment Plant
April 4, 2024
Review of Submittals and Shop Drawings
Review Contractor’s Applications for Payment and percentage of completion. Assistance to the City in answering Contractor Requests for Information (RFI) Review of Proposed Change Orders (PCO’s),
Preparation of the punch list for Substantial Completion and assistance with Final Closeout. Preparation of “Record Documents” reflecting bid addenda and changes to be based on Contractors “As Built Documents” field documents. Documents shall be provided in AutoCAD and .PDF formats. Approximately eleven (11) months after Substantial Completion, attend the Warranty Period inspection on site with the City and provide written notes and recommendations to the City.
Construction Meetings
19six will attend construction meetings facilitated by the General Contractor.
On Site Meetings
Architectural staff will attend bi-weekly on-site construction meetings with the City and General Contractor.
Construction Field Observations
19six will visit the site at intervals appropriate to the stage of demolition and construction or as otherwise agreed in writing to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the contract documents and preparing related reports and communications.
Site Observation Visits
Architect - up to twenty-four (24) Site Visits –to be concurrent with on-site Construction Meetings Laboratory Consultant
Civil Engineer - up to three (3) Site Visits
Landscape Architect - up to three (3) Site Visits
Structural Engineer - up to six (6) Site Visits
Mechanical Engineer - up to six (6) Site Visits
Electrical Engineer - up to six (6) Site Visits
Punchlist Site Visits
Architect – Up to three (3) punchlist site visits and one (1) final walk-through All other Consultants – up to two (2) punchlist site visit and one (1) final walk-through
PHASE 8 – FURNITURE DESIGN AND SPECIFICATIONS
Kickoff Meeting
19six will facilitate a meeting with representatives of the PGWWTP and other City Staff to establish Project goals and objectives including desired aesthetics, spaces, and types of furniture to be considered, budget, procurement methodology and schedule and outline major milestones, input and review periods and critical decision deadlines.
Pleasant Grove Wastewater Treatment Plant
April 4, 2024
Furniture Layout, Furniture Selections and Budget Estimates Furniture Layouts will be developed by 19six indicative of the location, sizes, and quantity of furniture.
Concurrently, 19six will review with representatives of the PGWWTP and other City Staff preliminary selections of alternative furniture styles, ranges of upholstery, color and finish options as well as corresponding Budget Estimates.
During the Furniture Selections process 19six will prepare renderings of specialty areas such as Lobby/Reception, Conference /Training Rooms, Lockers/Showers, and typical Private office indicative of the space and selected Furnishings.
At stages appropriate to progress of the Work 19six will facilitate Progress Meetings with representatives of the PGWWTP and other City Staff to present Layouts, Furniture Styles, Upholstery, Color and Finish Options and Estimates of Probable Cost, solicit feedback and secure direction/approvals to proceed.
Meetings
Progress Meetings
Deliverables
Furniture Layouts – at Conceptual, Preliminary and Final Progress Milestones Furniture Selections - at Preliminary and Final Progress Milestones Budget Estimates – at Preliminary and Final Progress Milestones Renderings
Furniture Drawings and Specifications Bid Documents
Based on the approved Furniture Layout, Furniture Selections and Budget Estimates 19six prepare Furniture Bid Documents including Furniture Layout Drawings, Specifications and Bid Forms to be used to solicit bids from furniture vendors.
Meetings
Progress Meetings
Deliverables
Furniture Bid Documents
Furniture Procurement Process
19six will assist Client in obtaining furniture bids from vendors including:
Responding to vendor’s questions
Prepare bid addenda as may be required.
Review and evaluation of bids
Meetings
Bid Evaluation Meeting
Deliverables
Pleasant Grove Wastewater Treatment Plant
April 4, 2024
Analysis of Bid Results
Furniture Installation Phase Service
It is assumed that furniture will be installed over a four-week duration. 19six will provide services in connection with Furniture Installation activities including:
Review and take appropriate action on Furniture Vendor’s submittals such as Shop Drawings, Product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Bid Documents. During installation conduct site visit to become generally familiar with the progress and quality of the furniture and installation completed.
Provide input to representatives of the Client in evaluating acceptance/rejection of furniture and installation when requested.
Conduct final walk-through of completed work with representatives of the Client and the Vendor/Installer to review punchlist of items requiring correction. Attend a follow-up walk-through to observe that punchlist items have been corrected. Assist representatives of the Client in review of Vendors Operations and Maintenance Manuals, warrantees and other required close-out items are in compliance with contract document requirements.
Meetings/Field Observations (On Site)
One (1) Pre-Installation Meeting
One (1) Progress Review Meeting
One (1) Installation Punchlist Meeting
One (1) Installation Backcheck Punchlist Meeting
Deliverables
Field Reports
Punchlist
BASIS OF COMPENSATION
Phase 1 - Programming
Not In Contract
Phase 2 - Site Analysis / Conceptual Design
Not In Contract
Phase 3 - Schematic Design
Not In Contract
Pleasant Grove Wastewater Treatment Plant
April 4, 2024
Phase 4 - Design Development
Compensation shall be billed on a fixed fee basis as follows:
Architecture/Interiors $ 183,974
Civil Engineering $ 24,725
Sewer Lift Station (Civil) $ 1,150
Landscape $ 6,325
Structural Engineering $ 11,500
Mechanical Engineering $ 15,249
Electrical Engineering $ 14,605
Cost Estimating Consultant $ 7,142
Sub Total ................................................................................................................... $ 264,670
Phase 5 - Construction Documents
Compensation shall be billed on a fixed fee basis as follows:
Architecture/Interiors $ 231,281
Civil Engineering $ 45,425
Sewer Lift Station (Civil) $ 2,300
SWPPP(Civil) $ 4,025
Landscape $ 9,200
Structural Engineering $ 35,650
Mechanical Engineering $ 24,610
Electrical Engineering $ 28,221
Cost Estimating Consultant $ 6,797
Commissioning Agent $ 10,293
Sub Total ...................................................................................................................$ 397,802
Phase 6 - BIDDING & NEGOTIATIONS
Compensation shall be billed on a fixed fee basis as follows:
Architecture/Interiors $ 15,769
Civil Engineering $ 4,025
Landscape $ 575
Structural Engineering $ 3,450
Mechanical Engineering $ 575
Electrical Engineering $ 575
Sub Total ..................................................................................................................... $ 24,969
Pleasant Grove Wastewater Treatment Plant
April 4, 2024
Phase 7 - Construction Administration
Compensation shall be billed on a fixed fee basis as follows:
Architecture/Interiors $ 94,615
Civil Engineering $ 11,500
Landscape $ 1,725
Structural Engineering $ 13,800
Mechanical Engineering $ 3,105
Electrical Engineering $ 2,760
Commissioning Agent $ 31,510
Sub Total ...................................................................................................................$ 159,015
Phase 8 - Furniture Design and Specifications
Compensation shall be billed on a fixed fee basis as follows:
Design/Specs, Procurement Assistance, Installation Administration Sub Total ..................................................................................................................... $ 39,500
TOTAL FEE: ........................................................................................................................$ 885,956
If this proposal meets with your approval, please sign below and return a copy for our records or have your legal counsel prepare a formal contract. We will start work upon your written authorization below while the formal contract is being prepared.
Thank you for this opportunity to be of service.
Sincerely, Accepted by:
__________________________________________
Gregory M. Tonello AIA, C18650
Signature
Principal
19six Architects __________________________________ ________ Name (printed)
__________________________________________
Title
__________________________________________
Date
COUNCIL COMMUNICATION
CC #:
3410
File #:
0800-02
Title:
Environmental Utilities On-Call Engineering Services – On-Call Professional Design Services Agreements
Contact:
Inderpreet K Chaggar 916-938-1595 [email protected]
Meeting Date: 6/19/2024
Item #: 7.20.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt resolutions authorizing the City Manager to execute On-Call Professional Design Services Agreements for the following twelve (12) consultants:
Bennett Engineering Services, Inc., Brown and Caldwell, Carollo Engineers, Inc., Domenichelli and Associates, Dewberry, Hazen Sawyer, HDR, Kennedy Jenks, R.E.Y. Engineers, Inc., West Yost, Woodard & Curran, and Water Works Engineers.
The not-to-exceed cost for the services
for each agreement is $625,000 per year.
Additionally, staff requests authority for the City Manager or his designee to execute five (5) additional one (1) year renewals without further City Council approval, provided the applicable budget is approved by the City Council each year, or until City staff determines that continuing with any of the above-mentioned vendors is not in the City's best interest.
BACKGROUND
The City of Roseville Environmental Utilities Department (EU) owns and operates the Dry Creek Wastewater Treatment Plant (DCWWTP), Pleasant Grove Wastewater Treatment Plant (PGWWTP), Barton Road Water Treatment Plant (BRWTP), as well as a distribution system for water, a collection system for wastewater, and a recycled water system.
From time to time, the City has small projects, engineering designs, studies, or analyses that need to be completed in a relatively short period of time. These projects may be funded from the Environmental Utilities Department's rehabilitation programs, operating budgets, or capital improvement program and must be completed due to operational or maintenance needs.
On March 13, 2024, a Request for Proposals #08-132 was released, soliciting On-Call Engineering Services looking for consultants that:
·
Have an understanding of the City’s facilities and operations. ·
Have the ability to respond quickly to the City needs.
·
Are efficient in developing and delivering programs and projects. ·
Can provide services at a reasonable overall cost to the City.
Twenty-one (21) firms submitted proposals to the City Clerk’s office for review and consideration.
Based upon review of the proposals by the EU’s Proposal Evaluation Committees, the proposals of
Bennett Engineering Services, Inc., Brown and Caldwell, Carollo Engineers, Inc., Domenichelli and Associates, Dewberry, Hazen Sawyer, HDR, Kennedy Jenks, R.E.Y. Engineers, Inc., West Yost, Woodard & Curran, and Water Works Engineers
were identified as providing the best value
to the City and were the highest ranked using the evaluation criteria outlined in the RFP.
FISCAL IMPACT
The not-to-exceed cost for the services for each agreement is $625,000 per year. The not-to- exceed cost for the twelve (12) agreements is $7,500,000 per year, for up to six years. There is no guaranteed minimum amount of work provided in the contracts, and payment will only be made for work completed. These projects may be funded from the Environmental Utilities Department's rehabilitation programs, operating budgets, or capital Improvement programs at no cost to the General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Inderpreet Chaggar, Senior Engineer
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-220
PDSA_Bennett Engineering
Resolution 24-221
PDSA_Brown & Caldwell
Resolution 24-222
PDSA_Carollo Engineers
Resolution 24-223
PDSA_Dewberry Engineering
Resolution 24-224
PDSA_D&A
Resolution 24-225
PDSA_Hazen & Sawyer
Resolution 24-226
PDSA_HDR
Resolution 24-227
PDSA_Kennedy Jenks
Resolution 24-228
PDSA_R.E.Y
Resolution 24-229
PDSA_Water Works
Resolution 24-230
PDSA_West Yost
Resolution 24-231
PDSA_Woodard & Curran
RESOLUTION NO. 24-220
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY
AND BETWEEN THE CITY OF ROSEVILLE AND BENNETT ENGINEERING SERVICES INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and Bennett Engineering Services Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
fDirect expenses (including, but not limited to, mileage, reproduction, postage, online assessor mapping fees, etc.) and subconsultant costs will be billed at cost plus five percent (5%) for administration, coordination, and handling.
fStandard hourly rates do not apply to a demand to perform work during an overtime period. Work required to be performed during an overtime period (as mandated by California law) will be charged at a 50% premium. Work mandated by Prevailing Wage laws will be charged accordingly. fHourly rates include all compensation for wages, salary-related benefits, overhead, general office administration, and profit. Direct project administrative hours will be billed at the rate shown above. fClassifications may be added or removed as-needed without notice. fChanges in the requested scope of work or projected schedule may result in the revision of the proposed fees and amendment to the total contract amount.
fRates are subject to change annually effective July 1.
PROFESSIONAL STAFF RATE SCHEDULE
BENNETT ENGINEERING SERVICES +
Y&C TRANSPORTATION CONSULTANTS
RATE SCHEDULE | 2024-2029
Bennett Engineering Services + Y&C Transportation Consultants | Rate Schedule Classifications 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 Engineer 10 $305 $314 $323 $333 $343
Engineer 9 $288 $297 $306 $315 $324
Engineer 8 $272 $280 $288 $297 $306
Engineer 7 $255 $263 $271 $279 $287
Engineer 6 $239 $246 $253 $261 $269
Engineer 5 $225 $232 $239 $246 $253
Engineer 4 $210 $216 $222 $229 $236
Engineer 3 $198 $204 $210 $216 $222
Engineer 2 $185 $191 $197 $203 $209
Engineer 1 $175 $180 $185 $191 $197
Designer/Tech 7 $196 $202 $208 $214 $220
Designer/Tech 6 $179 $184 $190 $196 $202
Designer/Tech 5 $163 $168 $173 $178 $183
Designer/Tech 4 $146 $150 $155 $160 $165
Designer/Tech 3 $132 $136 $140 $144 $148
Designer/Tech 2 $117 $121 $125 $129 $133
Designer/Tech 1 $103 $106 $109 $112 $115
Project Admin 5 $175 $180 $185 $191 $197
Project Admin 4 $152 $157 $162 $167 $172
Project Admin 3 $129 $133 $137 $141 $145
Project Admin 2 $103 $106 $109 $112 $115
Project Admin 1 $88 $91 $94 $97 $100
J Calton Engineering
Rate Schedules
Effective July 1, 2024
CLASSIFICATION HOURLY RATES
J Calton Engineering - John Calton, Principal Engineer $225 J Calton Engineering - CAD Technician $125
Materials & Direct Charges (Pre-Approved) Cost
Auto Mileage Federal Rate
Hourly Rates subject to change June 30, 2027.
Effective July 1, 2028
CLASSIFICATION HOURLY RATES
J Calton Engineering - John Calton, Principal Engineer $250 J Calton Engineering - CAD Technician $150
Materials & Direct Charges (Pre-Approved) Cost
Auto Mileage Federal Rate
Hourly Rates subject to change June 30, 2029.
J Calton Engineering Tax ID Number: 20-5285521
PETERSON STRUCTURAL ENGINEERS
PSE HOURL Y RATES
» Hourly rate schedule is provided for July 1, 2024 through June 30, 2025 » Hourly rates will be adjusted annually beginning July 1, 2025 and are predicted to increase at a rate of 3-4%
» Direct expenses will be billed at cost plus 10%
» Vehicle mileage will be billed at current U.S. General Services Administration allowable rates and periodically adjusted according to federal updates
PETERSON STRUCTURAL ENGINEERS
2024-2025 HOURL Y RATES
Principal-in-Charge .....................................................................$290 Principal ....................................................................................... $278 Senior Associate ..........................................................................$266 Associate .....................................................................................$259 Senior Project Manager ..............................................................$252 Senior Structural Engineer ..........................................................$252 Project Manager ..........................................................................$235 Structural Engineer......................................................................$232 Associate Project Manager .........................................................$220 Senior Project Engineer .............................................................$209 Project Engineer .........................................................................$202 Staff Engineer ...............................................................................$197 Staff Designer ............................................................................... $191 CADD Drafting ..............................................................................$157 Administrative ..............................................................................$145
3160 Gold Valley Drive. Suite 800 ■ Rancho Cordova , California 95742 ■ Tel ( 916 ) 852 -9118
SCHEDULE OF FEES
Rates valid July 1, 2024 through June 30, 2025. Rates subject to 3% escalation for FY 2025, 2026, 2027, 2028
PPRROOFFEESSSSIIOONNAALL SSEERRVVIICCEESS
Engineering Field Technician/Special Inspector I ................................................................................................................................................ $90/hr.
Engineering Field Technician/Special Inspector II ............................................................................................................................................... 100/hr.
Engineering Field Technician/Special Inspector III/Equipment Operator ............................................................................................................ 110/hr.
Laboratory Technician/Engineering Assistant ...................................................................................................................................................... 95/hr.
Senior Laboratory Technician ............................................................................................................................................................................... 110/hr.
Laboratory Supervisor ........................................................................................................................................................................................... 140/hr.
Word Processor/Technical Editor/Drafter ............................................................................................................................................................ 95/hr.
Research Assistant/Technical Illustrator/Senior Drafter .................................................................................................................................... 110/hr.
Project Coordinator/GIS Specialist ....................................................................................................................................................................... 120/hr.
Staff Engineer/Geologist/Scientist/Field Supervisor .......................................................................................................................................... 135/hr.
Senior Staff Engineer/Geologist/Scientist ........................................................................................................................................................... 145/hr.
Project Engineer/Geologist/Scientist/Construction Supervisor .......................................................................................................................... 155/hr.
Senior Project Engineer/Geologist/Scientist ........................................................................................................................................................ 170/hr.
Senior Engineer/Geologist/Scientist/Certified Industrial Hygienist .................................................................................................................... 185/hr.
Associate Engineer/Geologist/Scientist ............................................................................................................................................................... 210/hr.
Principal Engineer/Geologist/Scientist/Litigation Support ................................................................................................................................. 240/hr.
Deposition or Court Appearance ........................................................................................................................................................................... 425/hr.
Attorney Fees (General) ......................................................................................................................................................................................... 400/hr.
Overtime (>8 to 12 hrs.), Saturday, and Night Rate ........................................................................................................ 1.5x Regular Hourly Rate Overtime (>12 hrs.), Sunday, and Holiday Rate ................................................................................................................... 2x Regular Hourly Rate Minimum Professional Fee ...................................................................................................................................................................... $500/Project Minimum Field Services Fee (per day or call-out) .............................................................................................................................................. 4 Hours Prevailing Wage Surcharge per California Labor Code §1720, et seq. ............................................................................................................. $50/hr.
TTRRAAVVEELL
Personnel ............................................................................................................................................................................ Regular Hourly Rate Subsistence (Per Diem) ........................................................................................................................................................................ $200/day Vehicle Mileage .................................................................................................................................................................................... 0.75/mile
EEQQUUIIPPMMEENNTT && AANNAALLYYTTIICCAALL TTEESSTTSS Nuclear Gauge ................................ Included in Technician Hourly Rate Level D PPE/Decon Rinse Equipment ................................. $50/day Pick-up Truck .......................................................................... $150/day pH/Conductivity/Temperature Meter .................................. 60/day Equipment Truck ................................................................... 225/day 55-gallon drum ...................................................................... 90/ea.
Direct-Push Rig/Operator .................................... 200/250(PW)/hr. TPHg (EPA 8015M) ............................................................... 90/ea.
Direct-Push Sample Liner ..................................................... 10/ea. TPHd/mo (EPA 8015M) ........................................................ 85/ea.
Equipment Trailer ................................................................. 100/day Fuel Oxygenate Compounds (EPA 8260B) .......................... 135/ea.
Wenner 4-Pin Earth Resistivity Meter .................................. 150/day Volatile Organic Compounds (EPA 8260B) .......................... 165/ea.
Coring Machine (concrete, asphalt, masonry) ..................... 250/day Semi-Volatile Organic Compounds (EPA 8270) ................... 300/ea.
Dynamic Cone Penetrometer ............................................... 250/day CAM 17 Metals (EPA 6010B) ............................................... 210/ea.
Dilatometer (DMT) Test Equipment ..................................... 800/day Single Metal (EPA 6010B) .................................................... 45/ea.
Generator or Air Compressor ............................................... 150/day STLC or TCLP Extraction ....................................................... 80/ea.
GPS Unit ................................................................................ 160/day Soil pH (EPA 9045C) ............................................................. 30/ea.
Drive-Tube Sampler or Hand-Auger ..................................... 50/day Organochlorine Pesticides (EPA 8081) ................................ 130/ea.
Soil Sample Tube (Brass or Stainless) ................................. 12/ea. Naturally Occurring Asbestos (CARB 435) ........................... 125/ea.
Water Level Indicator ............................................................ 50/day Asbestos PLM ........................................................................ 25/ea.
Battery-Powered Pump ......................................................... 80/day Asbestos 1,000-pt Count ...................................................... 100/ea.
Photo-Ionization Meter ......................................................... 150/day 48-hr/24-hr Turn-around Time ………………….. 60%/100% surcharge
LLAABBOORRAATTOORRYY TTEESSTTSS
CCOOMMPPAACCTTIIOONN CCUURRVVEESS SSOOIILL AANNDD AAGGGGRREEGGAATTEE SSTTAABBIILLIITTYY 4-inch mold (D1557/D698) ............................................ $250/ea. Resistance Value, R-Value (D2844/CAL301) ................ $320/ea. 6-inch mold (D1557/D698) ............................................ 250/ea. R-Value, Treated (CAL301) ............................................. 340/ea.
California Impact (CAL216) ............................................. 250/ea. California Bearing Ratio (D1883) ................................... 175/pt.
Check Point ...................................................................... 100/ea. Stabilization Ability of Lime (C977) ................................ 210/ea.
SSOOIILL AANNDD AAGGGGRREEGGAATTEE PPRROOPPEERRTTIIEESS 3160 Gold Valley Dr . Suite 800 ■ Rancho Cordova , California 95742 ■ Tel ( 916 ) 852 -9118
#200 Wash (D1140/C117) ............................................ $90/ea. Moisture Determination, tube sample (D2216) ............ $20/ea.
Wet Sieve Analysis to #200 (D422/CAL202) ................. 125/ea. Moisture Determination and Unit Weight (D2937) ....... 40/ea.
Dry Sieve Analysis, 1.5”+ Aggregate (D6913) ................ 350/ea. Atterberg Limits: Plasticity Index (D4318) ..................... 210/ea.
Hydrometer Analysis (D422) ........................................... 175/ea. Sand Equivalent (D2419/CAL217) ................................ 100/ea.
Sieve Analysis with Hydrometer (D422) ......................... 200/ea. pH and Resistivity (CAL643) ........................................... 125/ea.
Specific Gravity, Soil (T100) ............................................ 100/ea. Sulfate Content (CAL417) ............................................... 95/ea.
Specific Gravity Coarse Aggregate (C127) ...................... 75/ea. Chloride Content (CAL422) ............................................. 55/ea.
Specific Gravity Fine Aggregate (C128) .......................... 100/ea. Organic Content (D2974) ................................................ 85/ea.
Cut/Extract Shelby Tube ................................................. 100/ea.
SSHHEEAARR SSTTRREENNGGTTHH
Unconfined Compression (D2166) ................................. $110/ea. CCOONNCCRREETTEE // MMAASSOONNRRYY // RREEIINNFFOORRCCIINNGG SSTTEEEELL Direct Shear (3 points) (D3080) ..................................... 350/ea. Compressive Strength, Cast Cylinders (C39) ................. $32/ea.
Unconsolidated-Undrained Triaxial Shear (D2850) ....... 135/pt. Compressive Strength, Cores (C42) ............................... 85/ea.
Unconsolidated-Undrained Triaxial Staged (D2850) ..... 185/ea. Flexural Strength Beam (C78/C293) ............................. 80/ea.
Consolidated-Undrained Triaxial Shear (D4767) ........... 325/pt. Splitting Tensile Test (C496) ........................................... 80/ea.
Consolidated-Undrained Triaxial Staged (D4767) ......... 415/ea. DSA Masonry Shear (DSA-207) ...................................... 75/ea.
Consolidated-Drained Triaxial Shear (EM1110) ............ 400/pt. Shotcrete Panel Coring and Comp. Strength (C1140) .. 100/ea.
Consolidated-Drained Triaxial Staged (EM1110) ........... 600/ea. Rebar Tensile/Bend (up to #11/#11 and larger) …... 275/300/ea.
CMU Compressive Strength (C140) ............................... 100/ea.
PPEERRMMEEAABBIILLIITTYY,, CCOONNSSOOLLIIDDAATTIIOONN AANNDD EEXXPPAANNSSIIOONN Compressive Strength, Grout (C1019/UBC 21-19) ....... 35/ea.
Permeability, Flexible Wall (D5084) ............................... $325/ea. Compressive Strength, Mortar (C109/UBC 21-15,16) . 35/ea.
Permeability, Rigid Wall (D5856) .................................... 325/ea. CMU Unit Wt., Dimen., Absorption (C140) ..................... 75/ea.
Consolidation (D2435) .................................................... 65/pt. Compressive Strength, Masonry Prism (C1314) ........... 250/ea.
Expansion Index (D4829/UBC 29-2) .............................. 225/ea.
Swell/Collapse (D4546) .................................................. 175/pt. HHOOTT MMIIXX AASSPPHHAALLTT HMA Air Voids, Gyratory (T269) ...................................... $525/ea.
AAGGGGRREEGGAATTEE QQUUAALLIITTYY Hamburg Wheel Tracker (T324) ..................................... 1,000/ea.
Sieve Analysis to #200 (C136) ....................................... $125/ea. Theoretical Max. Specific Gravity (D2041/CAL309) ..... 180/ea.
L.A. Rattler Test (500 rev.) (C131) .................................. 225/ea. Ignition/Sieve Analysis (C136/CAL202) ........................ 220/ea.
Durability Index (D3744/CAL229) .................................. 165/ea. HMA Core Unit Weight (D1188/CAL308) ....................... 100/ea.
Fine Aggregate Angularity (CAL 234) .............................. 125/ea. % Asphalt, Ignition Method (D6307/CAL382) ............... 140/ea.
Flat and Elongated Particles (D4791/CAL 235) ............ 150/ea. % Asphalt, Ignition Calibration (D6307/CAL382) ............ 400/ea.
Percent Crushed Particles (CAL205) .............................. 150/ea. Tensile Strength Ratio (T283) ……………………………… ... 1,000/ea. **22XX ssuurrcchhaarrggee oonn rruusshh ttuurrnnaarroouunndd ffoorr llaabboorraattoorryy tteessttiinngg
TTEERRMMSS AANNDD CCOONNDDIITTIIOONNSS
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem may apply when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum four-hour charge.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice.
Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $$5500,,000000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $$110000,,000000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions. 110 Blue Ravine Rd – Suite 101
Folsom, CA 95630
916-900-6623
www.unicoengineering.com
OVERHEAD %: 144.92% PROFIT %: 10% ESCALATION %: 3%
90.00$ 110.00$ 242.47$ 296.35$ 249.74$ 305.24$ 257.24$ 314.40$ 264.95$ 323.83$
80.00$ 90.00$ 215.53$ 242.47$ 222.00$ 249.74$ 228.66$ 257.24$ 235.52$ 264.95$
60.00$ 75.00$ 161.65$ 202.06$ 166.50$ 208.12$ 171.49$ 214.36$ 176.64$ 220.80$
40.00$ 60.00$ 107.76$ 161.65$ 111.00$ 166.50$ 114.33$ 171.49$ 117.76$ 176.64$
70.00$ 90.00$ 188.59$ 242.47$ 194.25$ 249.74$ 200.07$ 257.24$ 206.08$ 264.95$
40.00$ 60.00$ 107.76$ 161.65$ 111.00$ 166.50$ 114.33$ 171.49$ 117.76$ 176.64$
70.00$ 90.00$ 188.59$ 242.47$ 194.25$ 249.74$ 200.07$ 257.24$ 206.08$ 264.95$ Chainman/Rodman (Non-Prevailing Wage) 25.00$ 50.00$ 77.00$ 154.00$ 79.31$ 158.62$ 81.69$ 163.38$ 84.14$ 168.28$
25.00$ 35.00$ 67.35$ 94.29$ 69.37$ 97.12$ 71.45$ 100.04$ 73.60$ 103.04$
55.00$ 65.00$ 148.18$ 175.12$ 152.62$ 180.37$ 157.20$ 185.78$ 161.92$ 191.36$ • Reimbursement for per diem and mileage expenses shall be per the current federal reimbursement rate. • Cost of normal survey stakes and other field supplies are included in the above rates. Special monuments, iron stakes, etc. will be charged at cost. • Outside reproductions, services, and consultants will be charged at cost plus 10%. • Per prevailing wage, a shift differential of 12.5% applies for any covered work shift beginning after 2PM. • Yearly prevailing wage anticipates a 3% escalation, however increases in DIR rate determinations will be charged accordingly. • Overtime rate will be billed at 1.5 times the hourly rate for non-exempt employees
HOURLY RATE RANGE
2027
UNICO Engineering, Inc.
2024-2027
RATE SCHEDULE
Draftsman/Survey Technician
Drone Pilot/Technician
Chainman/Rodman (Prevailing Wage)
Senior Land Surveyor
Staff Land Surveyor
Party Chief (Non-Prevailing Wage)
Party Chief (Prevailing Wage)
Survey Manager
HOURLY RATE RANGE
2026
DIRECT LABOR
HOURLY RATE RANGE
HOURLY RATE RANGE
2024
HOURLY RATE RANGE
2025CLASSIFICATION
Principal Land Surveyor
2525 Warren Drive ● Rocklin, CA 95677 ● Tel: (916) 782-9100 ● Fax: (916) 782-9134 ● www.ecorpconsulting.com
FEE SCHEDULE FOR PROFESSIONAL SERVICES
ECORP Consulting, Inc. – 2024 Rates1
Principal V .............................................................................................................................................. $400 Principal IV ............................................................................................................................................. $335 Principal III .............................................................................................................................................. $285 Principal II ............................................................................................................................................... $245 Principal I ................................................................................................................................................ $230 Professional XI ........................................................................................................................................ $245 Professional X ......................................................................................................................................... $225 Professional IX ........................................................................................................................................ $205 Professional VIII ..................................................................................................................................... $190 Professional VII ...................................................................................................................................... $175 Professional VI ....................................................................................................................................... $165 Professional V ........................................................................................................................................ $155 Professional IV ....................................................................................................................................... $145 Professional III ........................................................................................................................................ $135 Professional II ......................................................................................................................................... $125 Professional I .......................................................................................................................................... $115 Technician IV .......................................................................................................................................... $110 Technician III .......................................................................................................................................... $105 Technician II ............................................................................................................................................. $95 Technician I .............................................................................................................................................. $85 Project Admin III..................................................................................................................................... $125 Project Admin II...................................................................................................................................... $105 Project Admin I......................................................................................................................................... $95 1Technical and Professional classifications include biologists, regulatory permitting specialists, archaeologists, architectural historians, paleontologists, air quality/greenhouse gas specialists, noise specialists, planners, CEQA/NEPA specialists, UAS pilots, and other technical professionals.
Expense Reimbursement/Other:
1. Computers, facsimile, and telephone are included in the billing rates, and there is no additional charge.
2. Reproduction, equipment and other direct expenses are reimbursed at cost plus a 14% administrative handling charge (excluding mileage).
3. The hourly rates for Subconsultants will be billed at the hourly rate indicated, plus a 12% administrative handling charge.
4. Mileage will be billed at the current IRS rate, adjusted annually.
5. Per Diem, depending upon location, may be charged where overnight stays are required.
6. Expert Witness Testimony, including Depositions, is billed at time and a half.
7. Non-standard invoicing will be billed at the hourly rates for support personnel.
8. ECORP Consulting, Inc. will have a 3% escalation per your after 2024.
RESOLUTION NO. 24-221
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND BROWN AND CALDWELL INC., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and Brown and Caldwell, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
RESOLUTION NO. 24-222
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND CAROLLO ENGINEERS, INC. INC.,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and Carollo Engineers, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
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ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT
Environmental Utilities On-Call Engineering Services
THIS AGREEMENT is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and Carollo Engineers, Inc., a Delaware corporation (“CONSULTANT”); and
W I T N E S S E T H:
WHEREAS, CITY issued Request for Proposal # 08-132 for Environmental Utilities on- call engineering services; and
WHEREAS, CONSULTANT has prepared a response to the Request for Proposal dated March 13, 2024, herein incorporated by reference, which describes the type of services to be performed by CONSULTANT, and the hourly rates for performance of such services; and WHEREAS, CONSULTANT is qualified and experienced to provide professional design services on an on-call basis.
NOW, THEREFORE, the parties agree as follows:
1. Term. The term of this Agreement shall commence on July 1, 2024 and will expire on June 30, 2025. The City Manager may, in his or her discretion, elect to extend the Agreement in one (1) year increments for up to an additional five (5) years by giving CONSULTANT thirty (30) days advance written notice of each optional one (1) year renewal.
Such extensions shall be memorialized by a written amendment to this Agreement.
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2 2. Services. CONSULTANT shall perform, at the direction of CITY, the scope of the on-call services as described in Request for Proposal #08-132. Individual tasks will be awarded by CITY on an as-needed basis. CITY may assign work to one or more consultants from an approved qualified list. CITY reserves the right to unilaterally assign work to any consultant as it deems prudent or, if no services are required, no work. CITY makes no specific guarantee of a minimum or maximum number of hours or amount of tasks or services, which shall be required of any single consultant. In addition, the inclusion of any consultant on any qualified list, if so utilized by CITY, shall in no way be considered an exclusive agreement to provide service for CITY.
3. Compensation. For its services provided hereunder, CONSULTANT shall be compensated on a time and expense basis in accordance with the hourly rates as described in EXHIBIT “A,” attached hereto and incorporated herein by this reference. Any proposed increase in the effective rates for future services must be preceded by at least a 90-day written notice to the contracting department. Total compensation shall not exceed six hundred twenty- five thousand dollars ($625,000) for the initial term. Total compensation for optional renewal years of this Agreement shall not exceed six hundred twenty-five thousand dollars ($625,000) per year. Total compensation for the initial term and all optional renewal years shall not exceed three million, seven hundred fifty thousand dollars ($3,750,000). Adjustment to the total compensation per year shall require a written amendment to this Agreement, subject to approval by the City Council.
CONSULTANT shall submit one monthly invoice for its services. Such invoices shall be delineated by task, the person performing the services, and the hourly rate, which shall be stated in time increments of not greater than one tenth (1/10) hours. CITY shall pay invoices within
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3 thirty (30) days after receipt, if the services specified in the invoice have been satisfactorily completed.
4. Indemnification. To the fullest extent allowed by law, CONSULTANT agrees to indemnify, including the cost to defend CITY, and its officers, agents, employees and volunteers from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by CITY or the agents, servants, or independent contractors who are directly responsible to CITY, or arising from the active negligence of CITY. Notwithstanding any terms of this section, indemnification and defense obligations shall conform to California Civil Code Section 2782.8.
CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
5. Insurance. CONSULTANT agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.
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4 COVERAGE LIMITS OF LIABILITY
Workers’ Compensation Statutory
Commercial General Liability $2,000,000 each occurrence $4,000,000 aggregate
Personal Injury:
$2,000,000 each occurrence
$4,000,000 aggregate
Automobile Liability $1,000,000 combined single limit
Professional Liability (errors and $2,000,000 per claim omissions) $4,000,000 aggregate
a. Form. CONSULTANT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. CONSULTANT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of CONSULTANT. The additional insured coverage under the CONSULTANT’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and
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5 limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. c. Cancellation/Modification. CONSULTANT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. Subcontractors. CONSULTANT 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, CONSULTANT shall require its subcontractors to agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Additionally, CONSULTANT shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
f. Self-Insured Retentions. All self-insured retentions (“SIR”) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full
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6 certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
g. Waiver of Subrogation. CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from CONSULTANT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by CONSULTANT, its employees, agents and subcontractors.
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT 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.
6. Records. CONSULTANT and its subcontractors shall maintain all files and records relating to the services performed hereunder during the term of this Agreement and for a period of not less than one (1) year after the date of termination or expiration. Provided, however, that in the event of litigation or settlement of claims arising from the performance of this Agreement, CONSULTANT and its subcontractors shall maintain all files and records until such litigation, appeals or claims are resolved. Duly authorized representatives of CITY shall have right of access during normal business hours and after reasonable notice to CONSULTANT’s and subcontractors’ files and records relating to the services performed hereunder and may review and copy the files and records at appropriate stages during performance of the services and during the one (1) year period following termination or
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7 expiration of this Agreement. CONSULTANT shall include this provision in its contracts with all subcontractors.
7. Prevailing Wages. When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONSULTANT shall forfeit as a penalty to the City two hundred dollars ($200) for each calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-site under the Agreement by CONSULTANT or by any subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by CONSULTANT or the applicable subcontractor.
Pursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to Labor Code Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSULTANT at a prominent place at
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8 the work site. Prevailing wage rates to be posted at the work site will be furnished by the contracting department. The possibility of wage increases is one of the elements to be considered by CONSULTANT in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY or the Agreement.
8. Contractor Registration. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Agreement, CONSULTANT and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. CONSULTANT is hereby notified that this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
9. Time is of the Essence. Time is of the essence of this Agreement.
10. Compliance with Laws. CONSULTANT shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.
11. Public Contracts: Conflicts of Interest. CONSULTANT’s duties and services under this Agreement shall not include preparing or assisting CITY with any portion of the CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all
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9 conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Agreement.
12. Ability to Perform. CONSULTANT agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement.
13. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern.
14. Assignment. CONSULTANT is employed to perform unique personal services.
CONSULTANT shall not assign this Agreement without the prior written consent of CITY.
CONSULTANT shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY.
15. Independent Contractor. CONSULTANT, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONSULTANT actually contracts with other businesses to provide the same or
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10 similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public as available to provide the same or similar services; (h) CONSULTANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY’s on-call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
16. Representations and Warranties. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
17. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
18. Copyright, Ownership and Use of Materials. All tangible material (“Material”) created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire, CONSULTANT hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by CONSULTANT in its performance under this
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11 Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by CONSULTANT is, and shall remain, the property of CITY.
CONSULTANT shall execute any documents necessary to effectuate such assignment. In the event that CONSULTANT uses, employs, designates, or retains any person or entity who is not an employee of CONSULTANT, to perform any work required of it pursuant to this Agreement, CONSULTANT shall require said person or entity to execute an agreement containing the preceding paragraph.
19. Termination of Agreement. CITY may terminate this Agreement without cause by giving CONSULTANT ten (10) days advance written notice from the City Manager.
CONSULTANT may terminate this Agreement without cause by giving CITY thirty (30) days advance written notice. CONSULTANT understands that continuation of this Agreement past June 30
th of any given year is contingent upon appropriation of funds for such purpose in the budget of the City of Roseville in the sole discretion of the City Council. In the event of termination through no fault of CONSULTANT, CITY shall compensate CONSULTANT for services performed as of the date of termination, upon the release to CITY of all material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any material, notwithstanding any termination or any dispute regarding the amount to be paid.
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12 20. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
21. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
22. Severability. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
23. Notices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:
CITY OF ROSEVILLE CONSULTANT
Inderpreet Chaggar Beverly Hann, PE, PMP
Senior Engineer Vice President
2005 Hilltop Circle 2880 Gateway Oaks Drive, Suite 300 Roseville, CA 95747 Sacramento, CA 95833
Either party may amend its address for notice by giving notice to the other party in writing.
24. Integrated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
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13 IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. ______, adopted by the Council of the City of Roseville on the ___ day of ____________, 20__, and CONSULTANT has caused this Agreement to be executed.
CITY OF ROSEVILLE, a CAROLLO ENGINEERS, INC., a
municipal corporation Delaware corporation
BY:_______________________________ BY: _______________________________ DOMINICK CASEY its: ________________________________ City Manager
and
ATTEST:
BY: _______________________________
its: ________________________________
BY: _______________________________
CARMEN AVALOS
City Clerk
APPROVED AS TO FORM:
BY: _______________________________
MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
BY: ________________________________
RICHARD PLECKER
Environmental Utilities Director
Christopher Cleveland, Senior Vice President
Beverly Hann, Vice President
2795 Mitchell Drive
Walnut Creek, California 94598
P 925-932-1710
carollo.com
CERTIFICATION
This is to certify that the undersigned, Michael W. Barnes, as Corporate Secretary and General Counsel for Carollo Engineers, Inc., is authorized to state and certify: That by corporate policy approved by the Board of Directors on 04/01/2019, Beverly Hann, Vice President, and Christopher Cleveland, Senior Vice President, are authorized to execute agreements for the usual and customary engineering business of the company.
Dated: May 15, 2024
Michael W. Barnes
Corporate Secretary & General Counsel
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XHIBIT “A”
CARO LLO ENGINEERS, INC.
FEE SCHEDULE
A
s of January 1, 2024
California
Hourly Rate
Engineers/Scientists
Assistant Professional $235.00
Professional 286.00
Project Professional 338.00
Lead Project Professional 355.00
Senior Professional 372.00
Technicians
Technicians 183.00
Senior Technicians 248.00
Support Staff
Document Processing / Clerical 164.00
Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate
Effective January 1, 2024
$0.67 per mile
Subconsultant cost + 5%
Other Direct Cost at cost
Expert Witness Rate x 2.0
Predicted Annual Adjustment 5%
This fee schedule is subject to annual revisions due to labor adjustments.
Exhibit A
RESOLUTION NO. 24-223
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND DEWBERRY ENGINEERS INC., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and Dewberry Engineers Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
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ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT
Environmental Utilities On-Call Engineering Services
THIS AGREEMENT is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and Dewberry Engineers Inc., a New York corporation (“CONSULTANT”); and W I T N E S S E T H:
WHEREAS, CITY issued Request for Proposal # 08-132 for Environmental Utilities on- call engineering services; and
WHEREAS, CONSULTANT has prepared a response to the Request for Proposal dated March 13, 2024, herein incorporated by reference, which describes the type of services to be performed by CONSULTANT, and the hourly rates for performance of such services; and WHEREAS, CONSULTANT is qualified and experienced to provide professional design services on an on-call basis.
N
OW, THEREFORE, the parties agree as follows:
1. T erm. The term of this Agreement shall commence on July 1, 2024 and will expire on June 30, 2025. The City Manager may, in his or her discretion, elect to extend the Agreement in one (1) year increments for up to an additional five (5) years by giving CONSULTANT thirty (30) days advance written notice of each optional one (1) year renewal.
Such extensions shall be memorialized by a written amendment to this Agreement.
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2 2. Services. CONSULTANT shall perform, at the direction of CITY, the scope of the on-call services as described in Request for Proposal #08-132. Individual tasks will be awarded by CITY on an as-needed basis. CITY may assign work to one or more consultants from an approved qualified list. CITY reserves the right to unilaterally assign work to any consultant as it deems prudent or, if no services are required, no work. CITY makes no specific guarantee of a minimum or maximum number of hours or amount of tasks or services, which shall be required of any single consultant. In addition, the inclusion of any consultant on any qualified list, if so utilized by CITY, shall in no way be considered an exclusive agreement to provide service for CITY.
3. Compensation. For its services provided hereunder, CONSULTANT shall be compensated on a time and expense basis in accordance with the hourly rates as described in EXHIBIT “A,” attached hereto and incorporated herein by this reference. Any proposed increase in the effective rates for future services must be preceded by at least a 90-day written notice to the contracting department. Total compensation shall not exceed six hundred twenty- five thousand dollars ($625,000) for the initial term. Total compensation for optional renewal years of this Agreement shall not exceed six hundred twenty-five thousand dollars ($625,000) per year. Total compensation for the initial term and all optional renewal years shall not exceed three million, seven hundred fifty thousand dollars ($3,750,000). Adjustment to the total compensation per year shall require a written amendment to this Agreement, subject to approval by the City Council.
CONSULTANT shall submit one monthly invoice for its services. Such invoices shall be delineated by task, the person performing the services, and the hourly rate, which shall be stated in time increments of not greater than one tenth (1/10) hours. CITY shall pay invoices within
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3 thirty (30) days after receipt, if the services specified in the invoice have been satisfactorily completed.
4. Indemnification. To the fullest extent allowed by law, CONSULTANT agrees to indemnify, including the cost to defend CITY, and its officers, agents, employees and volunteers from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by CITY or the agents, servants, or independent contractors who are directly responsible to CITY, or arising from the active negligence of CITY. Notwithstanding any terms of this section, indemnification and defense obligations shall conform to California Civil Code Section 2782.8.
CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
5. Insurance. CONSULTANT agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.
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4 COVERAGE LIMITS OF LIABILITY
Workers’ Compensation Statutory
Commercial General Liability $2,000,000 each occurrence $4,000,000 aggregate
Personal Injury:
$2,000,000 each occurrence
$4,000,000 aggregate
Automobile Liability $1,000,000 combined single limit
Professional Liability (errors and $2,000,000 per claim omissions) $4,000,000 aggregate
a. Form. CONSULTANT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. CONSULTANT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of CONSULTANT. The additional insured coverage under the CONSULTANT’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and
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5 limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. c. Cancellation/Modification. CONSULTANT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. Subcontractors. CONSULTANT 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, CONSULTANT shall require its subcontractors to agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Additionally, CONSULTANT shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
f. Self-Insured Retentions. All self-insured retentions (“SIR”) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full
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6 certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
g. Waiver of Subrogation. CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from CONSULTANT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by CONSULTANT, its employees, agents and subcontractors.
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT 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.
6. Records. CONSULTANT and its subcontractors shall maintain all files and records relating to the services performed hereunder during the term of this Agreement and for a period of not less than one (1) year after the date of termination or expiration. Provided, however, that in the event of litigation or settlement of claims arising from the performance of this Agreement, CONSULTANT and its subcontractors shall maintain all files and records until such litigation, appeals or claims are resolved. Duly authorized representatives of CITY shall have right of access during normal business hours and after reasonable notice to CONSULTANT’s and subcontractors’ files and records relating to the services performed hereunder and may review and copy the files and records at appropriate stages during performance of the services and during the one (1) year period following termination or
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7 expiration of this Agreement. CONSULTANT shall include this provision in its contracts with all subcontractors.
7. Prevailing Wages. When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONSULTANT shall forfeit as a penalty to the City two hundred dollars ($200) for each calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-site under the Agreement by CONSULTANT or by any subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by CONSULTANT or the applicable subcontractor.
Pursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to Labor Code Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSULTANT at a prominent place at
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8 the work site. Prevailing wage rates to be posted at the work site will be furnished by the contracting department. The possibility of wage increases is one of the elements to be considered by CONSULTANT in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY or the Agreement.
8. Contractor Registration. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Agreement, CONSULTANT and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. CONSULTANT is hereby notified that this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
9. Time is of the Essence. Time is of the essence of this Agreement.
10. Compliance with Laws. CONSULTANT shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.
11. Public Contracts: Conflicts of Interest. CONSULTANT’s duties and services under this Agreement shall not include preparing or assisting CITY with any portion of the CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all
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9 conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Agreement.
12. Ability to Perform. CONSULTANT agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement.
13. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern.
14. Assignment. CONSULTANT is employed to perform unique personal services.
CONSULTANT shall not assign this Agreement without the prior written consent of CITY.
CONSULTANT shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY.
15. Independent Contractor. CONSULTANT, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONSULTANT actually contracts with other businesses to provide the same or
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10 similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public as available to provide the same or similar services; (h) CONSULTANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY’s on-call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
16. Representations and Warranties. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
17. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
18. Copyright, Ownership and Use of Materials. All tangible material (“Material”) created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire, CONSULTANT hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by CONSULTANT in its performance under this
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11 Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by CONSULTANT is, and shall remain, the property of CITY.
CONSULTANT shall execute any documents necessary to effectuate such assignment. In the event that CONSULTANT uses, employs, designates, or retains any person or entity who is not an employee of CONSULTANT, to perform any work required of it pursuant to this Agreement, CONSULTANT shall require said person or entity to execute an agreement containing the preceding paragraph.
19. Termination of Agreement. CITY may terminate this Agreement without cause by giving CONSULTANT ten (10) days advance written notice from the City Manager.
CONSULTANT may terminate this Agreement without cause by giving CITY thirty (30) days advance written notice. CONSULTANT understands that continuation of this Agreement past June 30
th of any given year is contingent upon appropriation of funds for such purpose in the budget of the City of Roseville in the sole discretion of the City Council. In the event of termination through no fault of CONSULTANT, CITY shall compensate CONSULTANT for services performed as of the date of termination, upon the release to CITY of all material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any material, notwithstanding any termination or any dispute regarding the amount to be paid.
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12 20. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
21. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
22. Severability. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
23. Notices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:
CITY OF ROSEVILLE CONSULTANT
Inderpreet Chaggar Max Hardy, PE
Senior Engineer Senior Project Manager
2005 Hilltop Circle 11060 White Rock Road, Suite 200 Roseville, CA 95747 Rancho Cordova, CA 95670
Either party may amend its address for notice by giving notice to the other party in writing.
24. Integrated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
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XHIBIT “A”
Dewberry Hourly Rates
Principal $350.00
Architect I,II,III $110.00, $125.00, $145.00
Architect IV,V,VI $165.00, $185.00, $205.00
Architect VII,VIII,IX $230.00, $250.00, $280.00
Interior Designer I,II,III,IV $100.00, $120.00, $130.00, $165.00 Engineer I,II,III $115.00, $135.00, $155.00
Engineer IV,V,VI $170.00, $195.00, $225.00
Engineer VII,VIII,IX $250.00, $275.00, $305.00
Geographer/GIS I,II,III $95.00, $105.00, $125.00
Geographer/GIS IV,V,VI $145.00, $165.00, $185.00
Geographer/GIS VII,VIII,IX $215.00, $250.00, $290.00
Professional I,II,III $105.00, $125.00, $150.00
Professional IV,V,VI $170.00, $190.00, $210.00
Professional VII,VIII,IX $235.00, $260.00, $290.00
Designer I,II,III $110.00, $135.00, $160.00
Designer IV,V,VI $180.00, $200.00, $220.00
CADD Technician I,II,III,IV,V $80.00, $100.00, $120.00, $140.00, $175.00 Surveyor I,II,III $68.00, $83.00, $98.00
Surveyor IV,V,VI $115.00, $125.00, $145.00
Surveyor VII,VIII,IX $160.00, $190.00, $235.00
Technical I,II,III $85.00, $105.00, $130.00
Technical IV,V,VI $140.00, $155.00, $180.00
Emergency Management I, II, III $85.00, $110.00, $140.00 Emergency Management IV, V, VI $170.00, $220.00, $280.00 Construction Professional I,II,III $125.00, $155.00, $185.00 Construction Professional IV,V,VI,VII $215.00, $240.00, $285.00, $320.00 Inspector I,II,III $85.00, $110.00, $140.00
Inspector IV,V,VI,VII $160.00, $180.00, $205.00, $240.00 Fully Equipped 1, 2, 3 Person Crews $145.00, $175.00, $230.00 With Laser Scanner 1, 2 Person $195.00, $225.00
Admin Professional I,II,III,IV,V $70.00, $95.00, $115.00, $145.00 Non-Labor Direct Costs Cost + 15%
** Company Confidential and Proprietary
Revised 5.1.2023 | Subject to Revision | Standard Hourly Billing Rate Schedule | Attachment A | 1 Standard Hourly Billing Rate Schedule
Professional
Technical
Construction
Survey Field Crews
Administration
Emergency Management
110 Blue Ravine Rd – Suite 101
Folsom, CA 95630
916-900-6623
www.unicoengineering.com
OVERHEAD %: 144.92% PROFIT %: 10% ESCALATION %: 3%
90.00 $ 110.00 $ 242.47 $ 296.35 $ 249.74 $ 305.24 $ 257.24 $ 314.40 $ 264.95 $ 323.83 $
80.00 $ 90.00$ 215.53 $ 242.47 $ 222.00 $ 249.74 $ 228.66 $ 257.24 $ 235.52 $ 264.95 $
60.00 $ 75.00$ 161.65 $ 202.06 $ 166.50 $ 208.12 $ 171.49 $ 214.36 $ 176.64 $ 220.80 $
40.00 $ 60.00$ 107.76 $ 161.65 $ 111.00 $ 166.50 $ 114.33 $ 171.49 $ 117.76 $ 176.64 $
70.00 $ 90.00$ 188.59 $ 242.47 $ 194.25 $ 249.74 $ 200.07 $ 257.24 $ 206.08 $ 264.95 $
40.00 $ 60.00$ 107.76 $ 161.65 $ 111.00 $ 166.50 $ 114.33 $ 171.49 $ 117.76 $ 176.64 $
70.00 $ 90.00$ 188.59 $ 242.47 $ 194.25 $ 249.74 $ 200.07 $ 257.24 $ 206.08 $ 264.95 $ Chainman/Rodman (Non-Prevailing Wage) 25.00 $ 50.00$ 77.00$ 154.00 $ 79.31$ 158.62 $ 81.69$ 163.38 $ 84.14$ 168.28 $
25.00 $ 35.00$ 67.35$ 94.29$ 69.37$ 97.12$ 71.45$ 100.04 $ 73.60$ 103.04 $
55.00 $ 65.00$ 148.18 $ 175.12 $ 152.62 $ 180.37 $ 157.20 $ 185.78 $ 161.92 $ 191.36 $ • Reimbursement for per diem and mileage expenses shall be per the current federal reimbursement rate. • Cost of normal survey stakes and other field supplies are included in the above rates. Special monuments, iron stakes, etc. will be charged at cost. • Outside reproductions, services, and consultants will be charged at cost plus 10%. • Per prevailing wage, a shift differential of 12.5% applies for any covered work shift beginning after 2PM. • Yearly prevailing wage anticipates a 3% escalation, however increases in DIR rate determinations will be charged accordingly. • Overtime rate will be billed at 1.5 times the hourly rate for non-exempt employees
HOURLY RATE RANGE
2027
UNICO Engineering, Inc.
2024-2027
RATE SCHEDULE
Draftsman/Survey Technician
Drone Pilot/Technician
Chainman/Rodman (Prevailing Wage)
Senior Land Surveyor
Staff Land Surveyor
Party Chief (Non-Prevailing Wage)
Party Chief (Prevailing Wage)
Survey Manager
HOURLY RATE RANGE
2026
DIRECT LABOR
HOURLY RATE RANGE
HOURLY RATE RANGE
2024
HOURLY RATE RANGE
2025CLASSIFICATION
Principal Land Surveyor
Rates are subject to a five percent (5%) annual escalation effective June 30, 2025.
Crawford & Associates, Inc. - 2024 Standard Fee Schedule City of Roseville Environmental Utilities
On-Call Engineering Services
PROFESSIONAL TITLE RATE CONSTRUCTION/EQUIPMENT RATE DETAIL Principal 250.00$ Traffic Control (Major) DBE or PW ** $ 2,500.00 DAY Senior Project Manager 210.00$ Traffic Control (Minor) 700.00$ DAY Project Manager 190.00$ Seismic Refraction (12 Channel) 1,300.00$ DAY Senior Engineer / Geologist 170.00$ Core Machine with Generator ** 2,600.00$ DAY Project Engineer II / Geologist 150.00$ Core Machine Bit 3.00$ INCH Project Engineer I / Geologist 140.00$ Core Box 17.25$ EACH Project Engineer I / Geologist - OT 210.00$ Hot Mix Asphalt Patching (1st Core) ** 1,000.00$ FIRST Staff Engineer / Geologist 135.00$ Hot Mix Asphalt Patching (2 or More) ** 500.00$ EACH AFTER Staff Engineer / Geologist - OT 202.50$ Wildcat DCP Equipment ** 750.00$ DAY Project Coordinator 127.00$ Wildcat DCP Tip 20.00$ EACH Administrative Assistant 110.00$ Survey Equipment (Tripod, Level, Rod) 150.00$ DAY Welding / Steel Technician (Non-PW) 160.00$ Survey Equipment (Liquid Level) 150.00$ DAY Senior Technician (Non-PW) 135.00$ Percolation Equipment 200.00$ DAY Senior Technician - OT (Non-PW) 190.00$ Hand Auger ** 200.00$ DAY Staff Technician (Non-PW) 125.00$ Backfill 8.00$ BAG Staff Technician - OT (Non-PW) 175.00$ Steel Liners (MCAL) 10.00$ EACH PREVAILING WAGE CLASSIFICATIONS ** RATE Nuclear Density Test ** 10.00$ EACH Group 1 - Masonry Technician 190.00$ Concrete Equipment 65.00$ PER POUR Group 1 - Masonry Technician - OT 220.00$ CLASSIFICATION TESTING Group 2 - Welding Technician 185.00$ #200 Wash 120.00$ ASTM D1140 Group 2 - Welding Technician - OT 215.00$ Grain Size Analysis to #200 (Sieve Analysis) 160.00$ ASTM D6913 Group 2/3 - Laborer Technician 137.00$ Mass Grain Size (Scour) 2,200.00$ ASTM D6913 Group 2/3 - Laborer Technician - OT 160.00$ Grain Size with Hydrometer 245.00$ ASTM D6913, D7928 Group 3 - Soils/Asphalt Technician 175.00$ Grain Size Analysis 210.00$ CTM 202 Group 3 - Soils/Asphalt Technician - OT 200.00$ Hydrometer Analysis 210.00$ ASTM D7928 Group 4 - Concrete Technician 165.00$ Moisture & Density 80.00$ ASTM D2216, D7263 Group 4 - Concrete Technician - OT 185.00$ Moisture Content 55.00$ ASTM D2216, CTM 226 WORKING HOURS AND PREMIUM TIME RATE Non-Plastic Index Result 125.00$ ASTM D4318 Plasticity Index 260.00$ ASTM D4318
Landscape Suitability 125.00$
1.5 x Hourly Rate STRENGTH TESTING
California Impact 350.00$ CTM 216
2 x Hourly Rate Compaction Curve (4" Mold) 455.00$ ASTM D698/D1557 Compaction Curve (6" Mold) 510.00$ ASTM D698/D1557
3 x Hourly Rate Compaction Curve Checkpoint (4" Mold) 125.00$ ASTM D698/D1557 Compaction Curve Checkpoint (6" Mold) 125.00$ ASTM D698/D1557 Compression (Rock) 275.00$ ASTM 701215% / Hour
(Addt'l to Hourly Rate) Compressive Strength of Cylinders (6x12) 40.00$ ASTM C39 REIMBURSABLES RATE Compressive Strength of Cylinders (4x8) 37.00$ ASTM C39 Mileage IRS Rate Direct Shear (CD 3pt) Peak Only 500.00$ ASTM D3080 Vehicle Charge $ 40.00 / Day Point Load (Rock) 65.00$ ASTM D5731 Outside Costs 5% Markup R-Value 450.00$ ASTM D2844, CAL 301 Permit Fees (City/County) 5% Markup Triaxial Shear-UU 175.00$ ASTM D2850 Triaxial Staged-UU 290.00$ ASTM D2850
Unconfined Compression (Rock) 230.00$ ASTM D7012
** Indicates Prevailing Wage Rates/Work Unconfined Compression (Soil) 180.00$ ASTM D2166
CONSOLIDATION & EXPANSION
1-D Consolidation 400.00$ ASTM D2435
1-D Consolidation (Time Rate) / Per Point 100.00$ ASTM D2435 Expansion Index 275.00$ ASTM D4829
CORROSIVITY TESTING
pH, Resistivity, Sulfate, Chloride Content 240.00$ CTM 417,422,643 pH, Resistivity, Sulfate, Chloride, Redox Potential 350.00$ CTM 417,422,643 and ASTM G200M
PAVEMENT TESTING
Asphalt Ignition Calibration 460.00$ CTM 382
Percent Asphalt Ignition Oven 225.00$ CTM 382
Sand Equivalent 135.00$ CTM 217
Stabilometer Value 225.00$ CTM 366
Theoretical Max Specific Gravity/Density 225.00$ CTM 309 Mix Design $ 2,000.00 ASTM 1557 and ASTM D1633
SEISMIC ANALYSIS
EZ Frisk Software Use $ 2,250.00 PER LOCATION
A Regular Workday is the first 8 hours between 6:00am to 6:00pm, Monday through Friday.
Overtime (Non-PW): Saturdays (over 8 hours)
and Sundays (first 8 hours)
Night Shift (Non-PW): Work performed between
2:00 am and 4:00 am
Overtime (Non-PW): Weekdays & Saturdays
(first 8 hours)
Overtime (Non-PW): Sundays (over 8 hours) and
Holidays
6060 Sunrise Vista, Suite 1450 Citrus Heights, CA 95610 916-339-9691 [email protected]
CHARGE SHEET
2024 ENGINEERING FEE SCHEDULE
Consulting Electrical Engineer: $210.00/hour
Senior Electrical Engineer: $190.00/hour
Associate Engineer: $160.00/hour
CAD: $95.00/hour
Clerical: $75.00/hour
CONDITIONS
Mileage is charged at standard IRS approved rate.
Outside services, such as blueline or reproduction services, express mail, or materials will be charged at cost plus 15%.
Per Diem includes meals and incidentals outside the local area at $80/day.
Airfare, accommodations, parking, and tolls are at cost.
NOTES
Rates are subject to 3% per annum escalation beyond 2024.
SCHEDULE OF FEES
Effective January 01, 2024
1. Technical Services
Technical service labor performed by NV5 personnel for hours spent on project activities, including project management, office, field, and portal to portal travel time will be charged as outlined below.
Professional Personnel: Geologists, hydrogeologists, engineers, industrial hygienists, scientists, and specialists:
Senior Principal $250.00 Associate II $150.00
Principal $240.00 Associate I $140.00
Senior III $230.00 Specialist III $130.00
Senior II $220.00 Specialist II $120.00
Senior I $215.00 Specialist I $100.00
Staff III $180.00 Financial Analyst II $100.00
Staff II $170.00 Financial Analyst I $85.00
Staff I $160.00 Administrative Assistant $80.00
Associate III $155.00
2. Legal Services
a) Preparation of declarations will be billed at 2.0 times the normal labor rate. b) Portal to portal travel to depositions will be billed at the normal labor rate. Out-of-town travel expenses to depositions will be billed at cost plus 15%. c) Deposition testimony will be billed at 2.0 times the normal labor rate. The labor charges apply to all time spent at the deposition, including discussions and breaks, other than meal breaks. d) Portal to portal travel for trial testimony will be billed at the normal labor rate. Court standby and trial testimony will be billed at 2.0 times the normal labor rate. A four hour minimum applies to trial appearances.
e) Overtime for hourly or non-professional support staff will be billed at 1.5 times the normal labor rate.
3. Travel
and Subsistence Expenses
Living and travel expenses incurred by NV5 personnel will be charged at cost plus fifteen percent (15%).
4. Mater
ials, Subcontracts, and Equipment Rental Expenses
Direct materials, equipment, outside services, and other expenses contracted for or incurred on behalf of a project will be charged at cost plus fifteen percent (15%). These disbursements include, but are not limited to field equipment, subcontractor services, materials, and supplies. Equipment usage fees will be charged daily for NV5 owned equipment. An automobile fee will be charged on a $70 per day, or $0.70 cents per mile basis, whichever is greater.
5. Bill
ings
Statements normally will be issued every two weeks, monthly, or at the completion of the project, and are payable within thirty (30) days, unless otherwise agreed. Interest at the rate of one and one half percent (1.5%) per month will be payable on any amounts not paid within thirty (30) days.
RESOLUTION NO. 24-224
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY
AND BETWEEN THE CITY OF ROSEVILLE AND DOMENICHELLI & ASSOCIATES, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and Domenichelli & Associates, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
SUB-CONSULTANTS RATES
ateemcst 2024-8-RV
A T.E.E.M. 2024~2028 STANDARD RATES
The following lists A T.E.E.M.’s Standard Hourly Rates for City of Roseville. Labor rates will stay the same for any overtime work charges to the project. All work will be invoiced per the following rate schedule:
A T.E.E.M. ELECTRICAL ENGINEERING
RATE SCHEDULE
2024 2025 2026 2027
Field Programmer: $250 per hour $260 per hour $270 per hour $280 per hour Office Programmer: $240 per hour $250 per hour $260 per hour $270 per hour P.E. Field Engineering: $240 per hour $250 per hour $260 per hour $270 per hour P.E. Office Engineering: $230 per hour $240 per hour $250 per hour $260 per hour Engineering Assistant: $200 per hour $210 per hour $220 per hour $230 per hour Technical Assistant: $130 per hour $140 per hour $150 per hour $150 per hour Travel Expenses: Included in
hourly rate
Included in
hourly rate
Included in
hourly rate
Included in
hourly rate
Miscellaneous Expenses: Cost + 5% Cost + 5% Cost + 5% Cost + 5%
All hourly costs include standard office costs, such as copying and binding documents, telephone charges, insurance, overhead, computer usage, software and profit. Also included in the field engineering and electrical inspector hourly rates are all travel costs to the jobsite.
The rates DO NOT include lodging, meals for overnight stays, rental equipment or special project material, when necessary. These miscellaneous expenses will be billed at cost plus 5%.
Cost of Services – Area West Engineers, Inc.
HOURLY RATE SCHEDULE (PREVAILING WAGE RATE) (EFFECTIVE 1/1/2024)
EXHIBIT ‘A’
HOURLY RATE SCHEDULE (PREVAILING WAGE RATE) (EFFECTIVE 1/1/2024) __________________________________________________________________________________________________________________
PROJECT MANAGER I ...................................................................................................... $150.00
PROFESSIONAL SURVEYOR .......................................................................................... $130.00
PROJECT MANAGER II .................................................................................................... $105.00
SURVEYOR ...........................................................................................................................$95.00
SURVEYOR (L.S.I.T.) ............................................................................................................$75.00
SENIOR DRAFTSPERSON ...................................................................................................$75.00
DRAFTSPERSON ..................................................................................................................$65.00
ADMINISTRATIVE MANAGER ..............................................................................................$65.00
CLERICAL/TECHNICAL ........................................................................................................$40.00
EXPERT WITNESS/LITIGATION SERVICES .................................................................... $250.00
ONE PERSON FIELD SURVEY CREW W/VEHICLE ........................................................ $210.00*
TWO PERSON FIELD SURVEY CREW W/VEHICLE ........................................................ $325.00*
TWO PERSON FIELD SURVEY CREW W/VEHICLE AND GPS ...................................... $345.00*
THREE PERSON FIELD SURVEY CREW W/VEHICLE .................................................... $450.00*
*NOTE
ALL FIELD SURVEY CREW HOURLY COSTS ARE SUBJECT TO A YEARLY INCREASE ON MARCH 1ST PER THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS PREVAILING WAGE RATES.
EXPENSES SHALL BE BILLED AS FOLLOWS:
IN-HOUSE REPRODUCTIONS (PER SHEET) .......................................................................$2.00
Outside reproduction, postage, maps, special reports, and insurance certificates (where client requires to be listed as an additional insured) will be billed at cost plus a 15% administrative handling charge.
Labor
Classification 2024 2025 2027 2028 2029
Principal/Senior Structural Engineer $212 $220 $229 $238 $248 Sr Bridge Engineer $195 $203 $211 $219 $228
Associate Engineer II $115 $120 $124 $129 $135
Associate Engineer I $100 $104 $108 $112 $117
Assistant Engineer $72 $75 $78 $81 $84
Sr CAD Technician $186 $193 $201 $209 $218
CAD Technician II $89 $93 $96 $100 $104
CAD Technician I $74 $77 $80 $83 $87
Administrative Assistant $60 $62 $65 $67 $70
Billing Rate
All rates include ordinary office supplies and travel.
Outside reproduction and other direct expenses will be billed at cost. Rate Adjustment is due to 4% escalation to reflect raises and increase in overhead cost
BURNE ENGINEERING RATE SCHEDULE
CECIL & CECIL ENTERPRISES, INC. 1
2024 RATE SHEET
Cecil & Cecil Enterprises, Inc. Classification and Rate Sheet.
CLASSIFICATION HOURLY RATE
Engineer $185.00
Construction Manager $175.00
Construction Inspector III $155.00
Construction Inspector II $150.00
Construction Inspector I $146.00
Project Manager $121.90
CAD Technician III $101.00
CAD Technician II $93.25
CAD Technician I $85.00
Administrative Staff $66.78
REIMBERSABLES UNIT RATE
Mileage IRS Mileage Rate
The Hourly Rates noted above are valid through December 31, 2024.
Rates increase per annum by 3-8%.
Public Works billing rates given upon request.
Hourly Rate Schedule
Position Hourly Rate
Licensed Land Surveyor $135.00
Registered Civil Engineer $135.00
Civil Design Technician $95.00
Survey Office Technician $80.00
CAD Technician $80.00
Administrative Assistant $60.00
2-Man Survey Crew $200.00
1-Man GPS or Robotic Instrument Survey Crew $175.00
The overtime hourly rate is $275.00 for a 2-Man Survey Crew and $225.00 for a 1-Man GPS or Robotic Instrument Survey Crew. Overtime rates for all other positions are 1.20 times the regular hourly rate.
The double overtime hourly rate is $300.00 for a 2-Man Survey Crew and $250.00 for a 1-Man GPS or Robotic Instrument Survey Crew.
Rates are effective until July 31, 2025. Survey rates include survey equipment, supplies, and mileage. Other reimbursable expenses will be billed at cost plus 15%. Sub-consultants will be billed at cost plus 10%. Expert witness services will be billed at 1.5 times the corresponding hourly rate.
CITY OF ROSEVILLE
Environmental Utilities On-Call Engineering Services
RFP #08-132
EN2 Resources, Inc. 03/07/2024
2024 Billing Rates
Labor Category Staff Name Hourly Rate*
EN2 Resources, Inc.
President/Contract Manager Rick Lind $194
Economist Kreg McCollum $175
Registered Professional Archaeologist Sharon Waechter $150 Project Manager/Ecologist/GIS Specialist Jeremy Waites $136 Assistant Project Manager/Administrative Services Manager Rayann La France $131 Biologist/Natural Resources Analyst Kristen Hunter $127 Environmental Scientist Summer Abel $96
Assistant Environmental Scientist Aria Pauling $92
Administrative Assistant Marissa DeFazio $77
Field Assistant/Intern TBA $72
Direct Expenses (daily rates unless otherwise indicated) Trimble Geo7x $75.00
Trimble Nomad 900GLC Handheld $75.00
YSI 556 MPS $75.00
LaMotte 2020 Turbidimeter $25.00
FP101 Global Flow Probe $15.00
2003 Dodge Ram Crew Cab 4x4 (Daily Rate plus mileage) $100.00 Copies (per b/w page) $0.20
Copies (per color page) $1.00
CNDDB Quadrangle Queries per Quad $50.00
Mileage - IRS 2024 Reimbursement Rate per Mile $0.67
*The hourly rates listed above are valid through 2024; EN2 would increase subsequent year rates between 3% and 5% annually.
F
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Consulting Electrical Engineers
13405 Folsom Blvd,. Unit 600
Phone 916.
353.1025
Folsom
, CA
95630
The following
rates apply to hourly
engineering
services for design
, studies,
inspections,
programming,
testing,
and
man
agement
.
All
services will be invoiced monthly per the rate
schedule:
FRISCH ENGINEERING INC.
202
4 RATE SCHEDULE
Name
Title
Hourly Rate
Thomas Frisch, PE
Michael Frisch, P.E.
Principal
Electrical
Engineer
Se
nior Programmer
(Field work
,
m
eetings
,
work
rev
iew
)
$
2 5
0 per hour
Thomas Frisch, PE
Michael Frisch, P.E.
Senior Electrical Engineer
Senior
Programmer
(
Office work
)
$
2 3
5 per hour
Martin Yarbrough
Mike Rogers
Senior
Electrical
Designer
Senior Programmer
$
20 5
per hour
Nigel Wakefield
Nik C
ona
nt
Br
i
an Woodin
Junior
Electrical
Desi
gner
Junior
Programmer
$
1 8
5 per ho
ur
Vario
us Staff
Associate
Electrical
Designer
$
1 40
per hour
The above
hourly rates
include
overhead
costs such as
: travel via owned vehicle
for
on
-
site
work ,
telephone, photoco
pies,
computer
co
s
ts, copying,
and insurance
.
The
hourly
rat
es
do not
include
expenses such as
rental equipment
,
airline tickets, rental
vehicles,
lodging,
non
-
incidental
photocopying and
material
s.
M
iscellaneous expenses will
be billed at cost +
10%
as
ex
pressly li
st
e
d in the pro
ject’s scope of work.
Rate escala
tion of
5 % per hou
r i
s scheduled for
ne
xt
January 1
and each anniversary
thereafter.
Frisch Engineering, Inc.
has $
1 M
general liability insurance, $
1 M
auto liability insurance,
$
5 M
umbre
lla l
iabil
ity insur
a
nce,
State
r
equired
workers
’ compens
ation insurance, and $
3M
/
5M
professional liability insurance
.
Protecting the infrastructure
through innovative
Corrosion Engineering Solutions
CORROSION ENGINEERING SERVICES
2024 Fee Schedule
Personnel Charges Rate Per Hour
Principal Corrosion Engineer $265.00
Senior Corrosion Engineer $250.00
Corrosion Design Specialist $215.00
Corrosion Project Supervisor $205.00
Sr. Project Engineer $200.00
Project Engineer $190.00
Corrosion Technician $175.00
Field Technician $155.00
Drafting/AutoCad $140.00
Word Processing/Computer $120.00
Litigation
Depositions & Mediations (4 hour min. charge) $400.00 Court Appearance (4 hour min. charge) $550.00
Expenses
Subsistence (Room and Meals) Cost Mileage Current IRS Standard Mileage Rate
Travel (Airfare, etc.) Cost
Reproduction, Outside Testing & Consulting Services Cost + 5%
Notes:
1. Effective Date: Jan, 1, 2024 thru Dec. 31, 2024
2. Payment Terms: Net 30 days
Office Address:
1100 Willow Pass Court, Concord, CA 94520
Tel. No.: 925.927.6630 Fax No.: 925.927.6634
RESOLUTION NO. 24-225
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY
AND BETWEEN THE CITY OF ROSEVILLE AND HAZEN AND SAWYER, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and Hazen and Sawyer, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
RESOLUTION NO. 24-226
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND HDR ENGINEERING, INC., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and HDR Engineering, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
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ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT
Environmental Utilities On-Call Engineering Services
THIS AGREEMENT is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and HDR Engineering, Inc., a Nebraska corporation (“CONSULTANT”); and
W I T N E S S E T H:
WHEREAS, CITY issued Request for Proposal # 08-132 for Environmental Utilities on- call engineering services; and
WHEREAS, CONSULTANT has prepared a response to the Request for Proposal dated March 13, 2024, herein incorporated by reference, which describes the type of services to be performed by CONSULTANT, and the hourly rates for performance of such services; and WHEREAS, CONSULTANT is qualified and experienced to provide professional design services on an on-call basis.
NOW, THEREFORE, the parties agree as follows:
1. Term. The term of this Agreement shall commence on July 1, 2024 and will expire on June 30, 2025. The City Manager may, in his or her discretion, elect to extend the Agreement in one (1) year increments for up to an additional five (5) years by giving CONSULTANT thirty (30) days advance written notice of each optional one (1) year renewal.
Such extensions shall be memorialized by a written amendment to this Agreement.
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2 2. Services. CONSULTANT shall perform, at the direction of CITY, the scope of the on-call services as described in Request for Proposal #08-132. Individual tasks will be awarded by CITY on an as-needed basis. CITY may assign work to one or more consultants from an approved qualified list. CITY reserves the right to unilaterally assign work to any consultant as it deems prudent or, if no services are required, no work. CITY makes no specific guarantee of a minimum or maximum number of hours or amount of tasks or services, which shall be required of any single consultant. In addition, the inclusion of any consultant on any qualified list, if so utilized by CITY, shall in no way be considered an exclusive agreement to provide service for CITY. CONSULTANT shall perform all services with the care and skill ordinarily used by members of CONSULTANT’s profession practicing under the same or similar circumstances at the same time and in the same locality.
3. Compensation. For its services provided hereunder, CONSULTANT shall be compensated on a time and expense basis in accordance with the hourly rates as described in EXHIBIT “A,” attached hereto and incorporated herein by this reference. Any proposed increase in the effective rates for future services must be preceded by at least a 90-day written notice to the contracting department. Total compensation shall not exceed six hundred twenty- five thousand dollars ($625,000) for the initial term. Total compensation for optional renewal years of this Agreement shall not exceed six hundred twenty-five thousand dollars ($625,000) per year. Total compensation for the initial term and all optional renewal years shall not exceed three million, seven hundred fifty thousand dollars ($3,750,000). Adjustment to the total compensation per year shall require a written amendment to this Agreement, subject to approval by the City Council.
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3 CONSULTANT shall submit one monthly invoice for its services. Such invoices shall be delineated by task, the person performing the services, and the hourly rate, which shall be stated in time increments of not greater than one tenth (1/10) hours. CITY shall pay invoices within thirty (30) days after receipt, if the services specified in the invoice have been satisfactorily completed.
4. Indemnification. To the fullest extent allowed by law, CONSULTANT agrees to indemnify, including the cost to defend CITY, and its officers, agents, employees and volunteers from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by CITY or the agents, servants, or independent contractors who are directly responsible to CITY, or arising from the active negligence of CITY. Notwithstanding any terms of this section, indemnification and defense obligations shall conform to California Civil Code Section 2782.8.
CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONSULTANT’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.
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4 5. Insurance. CONSULTANT agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.
COVERAGE LIMITS OF LIABILITY
Workers’ Compensation Statutory
Commercial General Liability $2,000,000 each occurrence $4,000,000 aggregate
Personal Injury:
$2,000,000 each occurrence
$4,000,000 aggregate
Automobile Liability $1,000,000 combined single limit
Professional Liability (errors and $2,000,000 per claim omissions) $4,000,000 aggregate
a. Form. CONSULTANT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. CONSULTANT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of CONSULTANT. The additional insured coverage under the CONSULTANT’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum
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5 insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. c. Cancellation/Modification. CONSULTANT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. Subcontractors. CONSULTANT 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, CONSULTANT shall require its subcontractors to agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Additionally, CONSULTANT shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
f. Self-Insured Retentions. All self-insured retentions (“SIR”) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
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6 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 redacted copy of any insurance policy and endorsements. The failure to exercise this right shall not c
onstitute a waiver of such right.
g. Waiver of Subrogation. CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from CONSULTANT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by CONSULTANT, its employees, agents and subcontractors.
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT 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.
6. Records. CONSULTANT and its subcontractors shall maintain all files and records relating to the services performed hereunder during the term of this Agreement and for a period of not less than one (1) year after the date of termination or expiration. Provided, however, that in the event of litigation or settlement of claims arising from the performance of this Agreement, CONSULTANT and its subcontractors shall maintain all files and records until such litigation, appeals or claims are resolved. Duly authorized representatives of CITY shall have right of access during normal business hours and after reasonable notice to CONSULTANT’s and subcontractors’ files and records relating to the services performed
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7 hereunder and may review and copy the files and records at appropriate stages during performance of the services and during the one (1) year period following termination or expiration of this Agreement. CONSULTANT shall include this provision in its contracts with all subcontractors.
7. Prevailing Wages. When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONSULTANT shall forfeit as a penalty to the City two hundred dollars ($200) for each calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-site under the Agreement by CONSULTANT or by any subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by CONSULTANT or the applicable subcontractor.
Pursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
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8 Pursuant to Labor Code Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSULTANT at a prominent place at the work site. Prevailing wage rates to be posted at the work site will be furnished by the contracting department. The possibility of wage increases is one of the elements to be considered by CONSULTANT in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY or the Agreement.
8. Contractor Registration. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Agreement, CONSULTANT and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. CONSULTANT is hereby notified that this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
9. Time is of the Essence. Time is of the essence of this Agreement.
10. Compliance with Laws. CONSULTANT shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.
11. Public Contracts: Conflicts of Interest. CONSULTANT’s duties and services under this Agreement shall not include preparing or assisting CITY with any portion of the CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
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9 CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Agreement.
12. Ability to Perform. CONSULTANT agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement.
13. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern.
14. Assignment. CONSULTANT is employed to perform unique personal services.
CONSULTANT shall not assign this Agreement without the prior written consent of CITY.
CONSULTANT shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY.
15. Independent Contractor. CONSULTANT, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an
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10 independently established business of the same nature as that involved in the work performed hereunder; (f) CONSULTANT actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public as available to provide the same or similar services; (h) CONSULTANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY’s on-call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
16. Representations and Warranties. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
17. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
18. Copyright, Ownership and Use of Materials. All tangible material (“Material”) created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire,
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11 CONSULTANT hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by CONSULTANT in its performance under this Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by CONSULTANT is, and shall remain, the property of CITY. Any modification or reuse of such Materials for purposes other than those intended by this Agreement shall be at CITY’s sole risk and without liability to CONSULTANT.
CONSULTANT shall execute any documents necessary to effectuate such assignment. In the event that CONSULTANT uses, employs, designates, or retains any person or entity who is not an employee of CONSULTANT, to perform any work required of it pursuant to this Agreement, CONSULTANT shall require said person or entity to execute an agreement containing the preceding paragraph.
19. Termination of Agreement. CITY may terminate this Agreement without cause by giving CONSULTANT ten (10) days advance written notice from the City Manager.
CONSULTANT may terminate this Agreement without cause by giving CITY thirty (30) days advance written notice.
Th
e CITY may also terminate this Agreement for cause but only after providing CONSULTANT written notice of the breach and a period of ten days to cure.
CONSULTANT understands that continuation of this Agreement past June 30 th of any given
year is contingent upon appropriation of funds for such purpose in the budget of the City of Roseville in the sole discretion of the City Council. In the event of termination through no fault
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12 of CONSULTANT, CITY shall compensate CONSULTANT for services performed as of the date of termination, upon the release to CITY of all material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any material, notwithstanding any termination or any dispute regarding the amount to be paid.
20. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
21. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
22. Severability. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
23. Notices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:
CITY OF ROSEVILLE CONSULTANT
Inderpreet Chaggar Elizabeth Dawson
Senior Engineer Contract Manager
2005 Hilltop Circle 2365 Iron Point Road, Suite 300
Roseville, CA 95747 Folsom, CA 95630
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24. Integr ated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the exec
ution of this Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. ______, adopted by the Council of the City of Roseville on the ___ day of ____________, 20__, and CONSULTANT has caused this Agreement to be executed.
CITY OF R
OSEVILLE, a HDR ENGINEERING, INC., a
municipal corporation Nebraska corporation
BY:_______________________________ BY
: _______________________________
DOMINICK CASEY its: ________________________________
City Manager
and
ATTEST:
BY: _______________________________
its
: ________________________________
BY: _______________________________
CARMEN AVAL
OS
City Clerk
APPROVED AS T
O FORM:
BY: _______________________________
MIC
HELLE SHEIDENBERGER
City Attorney
(SIGNATURE
S CONTINUED ON NEXT PAGE)
Holly Kennedy
Senior Vice President
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14 APPROVED AS TO SUBSTANCE:
BY: ________________________________
RICHARD PLECKER
Environmental Utilities Director
CERTIFICATE
The undersigned hereby certifies that she is the Assistant Secretary of HDR Engineering, Inc., a Nebraska corporation (the “Corporation”), and that, as such, has custody of the minute books of the Corporation, and that, by Consent and Agreement of the Board of Directors, the following resolution was unanimously adopted:
"RESOLVED, that effective immediately, and until termination of said individual from the Corporation, or until recision by the Corporation's Board of Directors, whichever occurs first, the following individuals are hereby granted the nondelegable authority to execute or approve on behalf of the Corporation, contracts, amendments or change orders for engineering services and architectural services incidental to engineering services to be rendered by the Corporation, . . . , or releases of claim or lien in connection with such services, such contracts, amendments, change orders or releases so executed or approved shall be binding upon the Corporation:
. . . Holly L. Kennedy – Senior Vice President . . .”
The undersigned further certifies that the foregoing resolution has been spread in full upon the minute books of the Corporation and is in full force and effect.
DATED August 17, 2023.
( C O R P O R A T E S E A L )
______________________________
Elizabeth C. Buell, Assistant Secretary
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EXHIBIT “A”
hdrinc.com
2365 Iron Point Road, Suite 300, Folsom, CA 95630
916.817.4700
March 13, 2024
City of Roseville
Attn: City Clerk Department
311 Vernon Street
Roseville, CA 95678
[email protected]
RE: RFP #08-132: ENVIRONMENTAL UTILITIES ON-CALL ENGINEERING SERVICES (PART 2—COST PROPOSAL)
Dear Ms. Inderpreet Chaggar and Members of the Selection Committee:
Attached please find our cost proposal for the On-Call Engineering Services. As requested in the RFP, this package includes an hourly rate schedule for our project team members as well as other direct costs (ODCs). In addition, we have included a rate schedule for our subconsultant, R.E.Y. Engineers, Inc..
We look forward to continuing our working relationship with the City. If you have any questions regarding our proposal or this cost proposal, please contact Elizabeth Dawson at 916.986.5015 or [email protected].
Sincerely,
HDR Engineering, Inc.
Holly L.L. Kennedy, PE (CA #74682) Elizabeth Dawson, PE (CA #66344) Senior Vice President Contract Manager
HDR ENGINEERING, INC.
RATE SCHEDULE
July 1, 2024 – June 30, 2025
City of Roseville
Environmental Utilities On-call Engineering Services
Engineer 1 $140 to $200
Engineer 2 $200 to $250
Engineer 3 $250 to $300
Engineer 4 $300 to $350
Engineer 5 $350 to $450
Technical Specialist 1 $145 to $235
Technical Specialist 2 $235 to $325
Technical Specialist 3 $325 to $425
BIM/CAD/GIS Technician $135 to $220
Project Controller $130 to $170
Project Coordinator $110 to $175
Hourly billing rates are effective from July 1, 2024, through June 30, 2025. Hourly rates will be increased annually on July 1st, on average 5% per year. HDR Engineering, Inc., (HDR) will invoice by HDR employee billing rate for services provided. The billing rates cover payroll cost, employee benefits, and HDR overhead and profit.
EXPENSES
In-House Expenses
Vehicle Mileage (per mile) Current Federal Travel Regulation (FTR) Ground Transportation (includes Rental Car, Uber, and Train) at cost Postage/Overnight Mail at cost
Copies (black and white / color) at cost
Bond Plotting - Black & White or Color (per square foot) at cost
Please Note: Subconsultants are charged with a five percent markup.
Labor Classification 2024 Rate* 2025 Rate* 2026 Rate* 2027 Rate* 2028 Rate* 2029 Rate* Technician I $100 $105 $110 $116 $122 $128
Technician II $119 $125 $131 $138 $145 $152
Technician III $138 $145 $152 $160 $168 $176
Senior Technician I $143 $150 $158 $166 $174 $183
Senior Technician II $167 $175 $184 $193 $203 $213
Senior Technician III $190 $200 $209 $220 $231 $242
LiDAR Technician I $157 $165 $173 $182 $191 $200
LiDAR Technician II $182 $191 $201 $211 $221 $232
LiDAR Technician III $207 $217 $228 $240 $252 $264
Senior LiDAR Specialist I $215 $226 $237 $249 $261 $274 Senior LiDAR Specialist II $242 $254 $267 $280 $294 $309 Assistant Engineer/Surveyor I $124 $130 $137 $144 $151 $158 Assistant Engineer/Surveyor II $137 $144 $151 $159 $167 $175 Assistant Engineer/Surveyor III $150 $158 $165 $174 $182 $191 Assistant Engineer/Surveyor IV $163 $171 $180 $189 $198 $208 Assistant Engineer/Surveyor V $176 $185 $194 $204 $214 $225 Associate Engineer/Surveyor I $155 $163 $171 $179 $188 $198 Associate Engineer/Surveyor II $167 $175 $184 $193 $203 $213 Associate Engineer/Surveyor III $180 $189 $198 $208 $219 $230 Associate Engineer/Surveyor IV $192 $202 $212 $222 $233 $245 Associate Engineer/Surveyor V $205 $215 $226 $237 $249 $262 Senior Engineer/Surveyor I $209 $219 $230 $242 $254 $267 Senior Engineer/Surveyor II $229 $240 $252 $265 $278 $292 Senior Engineer/Surveyor III $250 $263 $276 $289 $304 $319 Senior Engineer/Surveyor IV $270 $284 $298 $313 $328 $345 Senior Engineer/Surveyor V $290 $305 $320 $336 $352 $370 Principal Manager I $290 $305 $320 $336 $352 $370
Principal Manager II $315 $331 $347 $365 $383 $402
Expert Witness Testimony/Deposition $473 $497 $521 $548 $575 $604 1-Person Survey Crew $215 $226 $237 $249 $261 $274
2-Person Survey Crew $345 $362 $380 $399 $419 $440
3-Person Survey Crew $460 $483 $507 $533 $559 $587
Project Coordinator $127 $133 $140 $147 $154 $162
Senior Project Coordinator $218 $229 $240 $252 $265 $278 Grant Administrator $218 $229 $240 $252 $265 $278
Expense Classification
Terrestrial LiDAR Equipment (per hour - 2-hour min.) $174 $183 $192 $201 $211 $222 Mobile LiDAR Equipment (per hour - 4-hour min.) $750 $788 $827 $868 $912 $957 UAV LiDAR Equipment (per flight day) $880 $924 $970 $1,019 $1,070 $1,123 Bathymetric Survey Vessel (per project day) $1,125 $1,181 $1,240 $1,302 $1,367 $1,436 Special Monuments and Iron Stakes Cost Cost Cost Cost Cost Cost Outside Reproductions and Services Cost + 15% Cost + 15% Cost + 15% Cost + 15% Cost + 15% Cost + 15% Subconsultants Cost + 15% Cost + 15% Cost + 15% Cost + 15% Cost + 15% Cost + 15% In-House Large Format Prints (B+W) $0.50/SF $0.50/SF $0.50/SF $0.50/SF $0.50/SF $0.50/SF In-House Large Format Prints (Color) $1.00/SF $1.00/SF $1.00/SF $1.00/SF $1.00/SF $1.00/SF
CITY OF ROSEVILLE
RFP #08-132 Environmental Utilities On-Call Engineering Services
FEE SCHEDULE
- Field rates for night shift work will be charged at 110% of the regular rate.
Legend
* Rates above are the hourly rate to be charged for each classification unless otherwise noted.
Notes
- Rates are valid through December 31, 2029.
- Reimbursement for mileage is included in the rates above. - Rate for overtime for field and non-exempt employees will be charged at 135% of rate listed above. - Rate for double time for field and non-exempt employees will be charged at 170% of rate listed above.
RESOLUTION NO. 24-227
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY
AND BETWEEN THE CITY OF ROSEVILLE AND KENNEDY/JENKS CONSULTANTS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and Kennedy/Jenks Consultants, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
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ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT
Environmental Utilities On-Call Engineering Services
THIS AGREEMENT is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and Kennedy/Jenks Consultants, Inc., a California corporation (“CONSULTANT”); and
W I T N E S S E T H:
WHEREAS, CITY issued Request for Proposal # 08-132 for Environmental Utilities on- call engineering services; and
WHEREAS, CONSULTANT has prepared a response to the Request for Proposal dated March 13, 2024, herein incorporated by reference, which describes the type of services to be performed by CONSULTANT, and the hourly rates for performance of such services; and WHEREAS, CONSULTANT is qualified and experienced to provide professional design services on an on-call basis.
NOW, THEREFORE, the parties agree as follows:
1. Term. The term of this Agreement shall commence on July 1, 2024 and will expire on June 30, 2025. The City Manager may, in his or her discretion, elect to extend the Agreement in one (1) year increments for up to an additional five (5) years by giving CONSULTANT thirty (30) days advance written notice of each optional one (1) year renewal.
Such extensions shall be memorialized by a written amendment to this Agreement.
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2 2. Services. CONSULTANT shall perform, at the direction of CITY, the scope of the on-call services as described in Request for Proposal #08-132. Individual tasks will be awarded by CITY on an as-needed basis. CITY may assign work to one or more consultants from an approved qualified list. CITY reserves the right to unilaterally assign work to any consultant as it deems prudent or, if no services are required, no work. CITY makes no specific guarantee of a minimum or maximum number of hours or amount of tasks or services, which shall be required of any single consultant. In addition, the inclusion of any consultant on any qualified list, if so utilized by CITY, shall in no way be considered an exclusive agreement to provide service for CITY.
3. Compensation. For its services provided hereunder, CONSULTANT shall be compensated on a time and expense basis in accordance with the hourly rates as described in EXHIBIT “A,” attached hereto and incorporated herein by this reference. Any proposed increase in the effective rates for future services must be preceded by at least a 90-day written notice to the contracting department. Total compensation shall not exceed six hundred twenty- five thousand dollars ($625,000) for the initial term. Total compensation for optional renewal years of this Agreement shall not exceed six hundred twenty-five thousand dollars ($625,000) per year. Total compensation for the initial term and all optional renewal years shall not exceed three million, seven hundred fifty thousand dollars ($3,750,000). Adjustment to the total compensation per year shall require a written amendment to this Agreement, subject to approval by the City Council.
CONSULTANT shall submit one monthly invoice for its services. Such invoices shall be delineated by task, the person performing the services, and the hourly rate, which shall be stated in time increments of not greater than one tenth (1/10) hours. CITY shall pay invoices within
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3 thirty (30) days after receipt, if the services specified in the invoice have been satisfactorily completed.
4. Indemnification. To the fullest extent allowed by law, CONSULTANT agrees to indemnify, including the cost to defend CITY, and its officers, agents, employees and volunteers from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by CITY or the agents, servants, or independent contractors who are directly responsible to CITY, or arising from the active negligence of CITY. Notwithstanding any terms of this section, indemnification and defense obligations shall conform to California Civil Code Section 2782.8.
CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
5. Insurance. CONSULTANT agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.
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4 COVERAGE LIMITS OF LIABILITY
Workers’ Compensation Statutory
Commercial General Liability $2,000,000 each occurrence $4,000,000 aggregate
Personal Injury:
$2,000,000 each occurrence
$4,000,000 aggregate
Automobile Liability $1,000,000 combined single limit
Professional Liability (errors and $2,000,000 per claim omissions) $4,000,000 aggregate
a. Form. CONSULTANT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. CONSULTANT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of CONSULTANT. The additional insured coverage under the CONSULTANT’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and
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5 limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. c. Cancellation/Modification. CONSULTANT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. Subcontractors. CONSULTANT 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, CONSULTANT shall require its subcontractors to agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Additionally, CONSULTANT shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
f. Self-Insured Retentions. All self-insured retentions (“SIR”) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full
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6 certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
g. Waiver of Subrogation. CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from CONSULTANT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by CONSULTANT, its employees, agents and subcontractors.
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT 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.
6. Records. CONSULTANT and its subcontractors shall maintain all files and records relating to the services performed hereunder during the term of this Agreement and for a period of not less than one (1) year after the date of termination or expiration. Provided, however, that in the event of litigation or settlement of claims arising from the performance of this Agreement, CONSULTANT and its subcontractors shall maintain all files and records until such litigation, appeals or claims are resolved. Duly authorized representatives of CITY shall have right of access during normal business hours and after reasonable notice to CONSULTANT’s and subcontractors’ files and records relating to the services performed hereunder and may review and copy the files and records at appropriate stages during performance of the services and during the one (1) year period following termination or
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7 expiration of this Agreement. CONSULTANT shall include this provision in its contracts with all subcontractors.
7. Prevailing Wages. When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONSULTANT shall forfeit as a penalty to the City two hundred dollars ($200) for each calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-site under the Agreement by CONSULTANT or by any subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by CONSULTANT or the applicable subcontractor.
Pursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to Labor Code Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSULTANT at a prominent place at
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8 the work site. Prevailing wage rates to be posted at the work site will be furnished by the contracting department. The possibility of wage increases is one of the elements to be considered by CONSULTANT in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY or the Agreement.
8. Contractor Registration. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Agreement, CONSULTANT and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. CONSULTANT is hereby notified that this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
9. Time is of the Essence. Time is of the essence of this Agreement.
10. Compliance with Laws. CONSULTANT shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.
11. Public Contracts: Conflicts of Interest. CONSULTANT’s duties and services under this Agreement shall not include preparing or assisting CITY with any portion of the CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all
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9 conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Agreement.
12. Ability to Perform. CONSULTANT agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement.
13. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern.
14. Assignment. CONSULTANT is employed to perform unique personal services.
CONSULTANT shall not assign this Agreement without the prior written consent of CITY.
CONSULTANT shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY.
15. Independent Contractor. CONSULTANT, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONSULTANT actually contracts with other businesses to provide the same or
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10 similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public as available to provide the same or similar services; (h) CONSULTANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY’s on-call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
16. Representations and Warranties. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
17. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
18. Copyright, Ownership and Use of Materials. All tangible material (“Material”) created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire, CONSULTANT hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by CONSULTANT in its performance under this
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11 Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by CONSULTANT is, and shall remain, the property of CITY.
CONSULTANT shall execute any documents necessary to effectuate such assignment. In the event that CONSULTANT uses, employs, designates, or retains any person or entity who is not an employee of CONSULTANT, to perform any work required of it pursuant to this Agreement, CONSULTANT shall require said person or entity to execute an agreement containing the preceding paragraph.
19. Termination of Agreement. CITY may terminate this Agreement without cause by giving CONSULTANT ten (10) days advance written notice from the City Manager.
CONSULTANT may terminate this Agreement without cause by giving CITY thirty (30) days advance written notice. CONSULTANT understands that continuation of this Agreement past June 30
th of any given year is contingent upon appropriation of funds for such purpose in the budget of the City of Roseville in the sole discretion of the City Council. In the event of termination through no fault of CONSULTANT, CITY shall compensate CONSULTANT for services performed as of the date of termination, upon the release to CITY of all material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any material, notwithstanding any termination or any dispute regarding the amount to be paid.
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12 20. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
21. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
22. Severability. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
23. Notices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:
CITY OF ROSEVILLE CONSULTANT
Inderpreet Chaggar Brandon Hale
Senior Engineer Vice President
2005 Hilltop Circle 2882 Prospect Drive, Suite 240
Roseville, CA 95747 Rancho Cordova, CA 95670
Either party may amend its address for notice by giving notice to the other party in writing.
24. Integrated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D018\P005\00086418.DOCX; 04/29/2024] 13 IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the
execution of this Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. ______, adopted by the Council of the City of Roseville on the ___ day of ____________, 20__, and CONSULTANT has caused this Agreement to be executed.
CITY
OF ROSEVILLE, a KENNEDY/JENKS CONSULTANTS,
municipal corporation INC., a California corporation
BY:
_______________________________ BY: _______________________________ DOMINICK CASEY its: ________________________________
City Manager
and
ATTEST:
B
Y: _______________________________
its: ________________________________
BY: _______________________________
CAR
MEN AVALOS
City Clerk
APPR
OVED AS TO FORM:
BY:
_______________________________
MICHELLE SHEIDENBERGER
City Attorney
APPR
OVED AS TO SUBSTANCE:
BY:
________________________________
RICHARD PLECKER
Environmental Utilities Director
Vice President
Corporate Secretary
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EXHIBIT “A”
KENNEDY/JENKS CONSUL TANTS, INC.
1 CITY OF ROSEVILLE | ENVIRONMENTAL UTILITIES ON-CALL
ENGINEERING SERVICES (RFP #08-132)
Tab G Cost Proposal
Client/Address: City of Roseville
311 Vernon Street
Roseville, CA 95678
Contract/Proposal Date: March 13, 2024
Custom Schedule of Charges Date: March 13, 2024
PERSONNEL COMPENSATION
Classification Hourly Rate
Engineer -Scientist- Specialist 1 ............................................................................ $155 Engineer -Scientist- Specialist 2 ............................................................................ $190 Engineer -Scientist- Specialist 3 ............................................................................ $210 Engineer -Scientist- Specialist 4 ............................................................................ $230 Engineer -Scientist- Specialist 5 ............................................................................ $250 Engineer -Scientist- Specialist 6 ............................................................................ $275 Engineer -Scientist- Specialist 7 ............................................................................ $300 Engineer -Scientist- Specialist 8 ............................................................................ $320 Engineer -Scientist- Specialist 9 ............................................................................ $335 Senior CAD -Designer .......................................................................................... $195 CAD-Designer ..................................................................................................... $180 Senior CAD -Technician ....................................................................................... $165 CAD-Technician .................................................................................................. $145 Project Assistant ................................................................................................. $145 Administrative Assistant ...................................................................................... $130 Aide ..................................................................................................................... $105 Direct Expenses
Reimbursement for direct expenses incurred in connection with the work will be at cost plus five percent for consultants, soils engineers, surveyors, contractors, and other outside services.
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost for items such as:
a. Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work.
b. Rented vehicles, local public transportation and taxis, travel and subsistence. c. Project specific telecommunications and delivery charges. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate.
If prevailing wage rates apply, the above billing rates will be adjusted as appropriate.
Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above.
Excise and gross receipts taxes, if any, will be added as a direct expense.
The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective July 1, 2024 through June 30, 2025. After June 30, 2025 and annually thereafter, invoices will reflect the Schedule of Charges currently in effect, typically about a 3% annual increase.
RESOLUTION NO. 24-228
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND R.E.Y. ENGINEERS, INC., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and R.E.Y. Engineers, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
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ON-CAL L PROFESSIONAL DESIGN SERVICES AGREEMENT
Environmental Utilities On-Call Engineering Services
T
HIS AGREEMENT is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and R.E.Y. Engineers, Inc., a California corporation (“CONSULTANT”); and
W I T N E S S E T H:
W
HEREAS, CITY issued Request for Proposal # 08-132 for Environmental Utilities on- call engineering services; and
WHEREAS, CONSULTANT has prepared a response to the Request for Proposal dated March 13, 2024, herein incorporated by reference, which describes the type of services to be performed by CONSULTANT, and the hourly rates for performance of such services; and WHEREAS, CONSULTANT is qualified and experienced to provide professional design services on an on-call basis.
N
OW, THEREFORE, the parties agree as follows:
1. T erm. The term of this Agreement shall commence on July 1, 2024 and will expire on June 30, 2025. The City Manager may, in his or her discretion, elect to extend the Agreement in one (1) year increments for up to an additional five (5) years by giving CONSULTANT thirty (30) days advance written notice of each optional one (1) year renewal.
Such extensions shall be memorialized by a written amendment to this Agreement.
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2 2. Services. CONSULTANT shall perform, at the direction of CITY, the scope of the on-call services as described in Request for Proposal #08-132. Individual tasks will be awarded by CITY on an as-needed basis. CITY may assign work to one or more consultants from an approved qualified list. CITY reserves the right to unilaterally assign work to any consultant as it deems prudent or, if no services are required, no work. CITY makes no specific guarantee of a minimum or maximum number of hours or amount of tasks or services, which shall be required of any single consultant. In addition, the inclusion of any consultant on any qualified list, if so utilized by CITY, shall in no way be considered an exclusive agreement to provide service for CITY.
3. Compensation. For its services provided hereunder, CONSULTANT shall be compensated on a time and expense basis in accordance with the hourly rates as described in EXHIBIT “A,” attached hereto and incorporated herein by this reference. Any proposed increase in the effective rates for future services must be preceded by at least a 90-day written notice to the contracting department. Total compensation shall not exceed six hundred twenty- five thousand dollars ($625,000) for the initial term. Total compensation for optional renewal years of this Agreement shall not exceed six hundred twenty-five thousand dollars ($625,000) per year. Total compensation for the initial term and all optional renewal years shall not exceed three million, seven hundred fifty thousand dollars ($3,750,000). Adjustment to the total compensation per year shall require a written amendment to this Agreement, subject to approval by the City Council.
CONSULTANT shall submit one monthly invoice for its services. Such invoices shall be delineated by task, the person performing the services, and the hourly rate, which shall be stated in time increments of not greater than one tenth (1/10) hours. CITY shall pay invoices within
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3 thirty (30) days after receipt, if the services specified in the invoice have been satisfactorily completed.
4. Indemnification. To the fullest extent allowed by law, CONSULTANT agrees to indemnify, including the cost to defend CITY, and its officers, agents, employees and volunteers from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by CITY or the agents, servants, or independent contractors who are directly responsible to CITY, or arising from the active negligence of CITY. Notwithstanding any terms of this section, indemnification and defense obligations shall conform to California Civil Code Section 2782.8.
CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
5. Insurance. CONSULTANT agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.
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W
orkers’ Compensation Statutory
C
ommercial General Liability $2,000,000 each occurrence
$4,000,000 aggregate
Personal Injury:
$2,000,000 each occurrence
$4,000,000 aggregate
A
utomobile Liability $1,000,000 combined single limit
P
rofessional Liability (errors and $2,000,000 per claim
omissions) $4,000,000 aggregate
a. Fo rm. CONSULTANT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. CONSULTANT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of CONSULTANT. The additional insured coverage under the CONSULTANT’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D018\P005\00086425.DOCX; 04/29/2024] 5 limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. c. C ancellation/Modification. CONSULTANT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. U mbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. S ubcontractors. CONSULTANT 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, CONSULTANT shall require its subcontractors to agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Additionally, CONSULTANT shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
f. S elf-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 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D018\P005\00086425.DOCX; 04/29/2024] 6 certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
g. W aiver of Subrogation. CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from CONSULTANT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by CONSULTANT, its employees, agents and subcontractors.
h. L iability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT 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.
6 . Records. CONSULTANT and its subcontractors shall maintain all files and records relating to the services performed hereunder during the term of this Agreement and for a period of not less than one (1) year after the date of termination or expiration. Provided, however, that in the event of litigation or settlement of claims arising from the performance of this Agreement, CONSULTANT and its subcontractors shall maintain all files and records until such litigation, appeals or claims are resolved. Duly authorized representatives of CITY shall have right of access during normal business hours and after reasonable notice to CONSULTANT’s and subcontractors’ files and records relating to the services performed hereunder and may review and copy the files and records at appropriate stages during performance of the services and during the one (1) year period following termination or [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D018\P005\00086425.DOCX; 04/29/2024] 7 expiration of this Agreement. CONSULTANT shall include this provision in its contracts with all subcontractors.
7. P revailing Wages. When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONSULTANT shall forfeit as a penalty to the City two hundred dollars ($200) for each calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-site under the Agreement by CONSULTANT or by any subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by CONSULTANT or the applicable subcontractor.
P ursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to Labor Code Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSULTANT at a prominent place at [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D018\P005\00086425.DOCX; 04/29/2024] 8 the work site. Prevailing wage rates to be posted at the work site will be furnished by the contracting department. The possibility of wage increases is one of the elements to be considered by CONSULTANT in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY or the Agreement.
8. Contractor Registration. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Agreement, CONSULTANT and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. CONSULTANT is hereby notified that this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 9 . Time is of the Essence. Time is of the essence of this Agreement. 10 . Compliance with Laws. CONSULTANT shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.
11. P ublic Contracts: Conflicts of Interest. CONSULTANT’s duties and services under this Agreement shall not include preparing or assisting CITY with any portion of the CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D018\P005\00086425.DOCX; 04/29/2024] 9 conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Agreement.
1 2. Ability to Perform. CONSULTANT agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement. 1 3. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern. 1 4. Assignment. CONSULTANT is employed to perform unique personal services.
CONSULTANT shall not assign this Agreement without the prior written consent of CITY.
CONSULTANT shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY. 1 5. Independent Contractor. CONSULTANT, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
C ONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONSULTANT actually contracts with other businesses to provide the same or [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D018\P005\00086425.DOCX; 04/29/2024] 10 similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public as available to provide the same or similar services; (h) CONSULTANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY’s on-call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
1 6. Representations and Warranties. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
1 7. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto. 1 8. Copyright, Ownership and Use of Materials. All tangible material ( “Material”) created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire, CONSULTANT hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by CONSULTANT in its performance under this [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D018\P005\00086425.DOCX; 04/29/2024] 11 Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by CONSULTANT is, and shall remain, the property of CITY.
CONSULTANT shall execute any documents necessary to effectuate such assignment. In the event that CONSULTANT uses, employs, designates, or retains any person or entity who is not an employee of CONSULTANT, to perform any work required of it pursuant to this Agreement, CONSULTANT shall require said person or entity to execute an agreement containing the preceding paragraph.
1 9. Termination of Agreement. CITY may terminate this Agreement without cause by giving CONSULTANT ten (10) days advance written notice from the City Manager.
CONSULTANT may terminate this Agreement without cause by giving CITY thirty (30) days advance written notice. CONSULTANT understands that continuation of this Agreement past June 30
th of any given year is contingent upon appropriation of funds for such purpose in the budget of the City of Roseville in the sole discretion of the City Council. In the event of termination through no fault of CONSULTANT, CITY shall compensate CONSULTANT for services performed as of the date of termination, upon the release to CITY of all material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any material, notwithstanding any termination or any dispute regarding the amount to be paid. [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D018\P005\00086425.DOCX; 04/29/2024] 12 20. Attorney’s Fees; Venue; Governing Law. I f either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
21. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
22. S everability. 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.
23. N otices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:
CI TY OF ROSEVILLE CONSULTANT
Ind
erpreet Chaggar
Senior Engineer
2005 Hilltop Circle
Roseville, CA 95747
Jim Fisher, PE
Principal in Charge & Contract Manager
905 Sutter Street, Suite 200
Folsom, CA 95630
Ei
ther party may amend its address for notice by giving notice to the other party in writing.
24. I ntegrated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
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EXHIBIT “A”
Labor Classification 2024 Rate* 2025 Rate* 2026 Rate* 2027 Rate* 2028 Rate* 2029 Rate* Technician I $100 $105 $110 $116 $122 $128
Technician II $119 $125 $131 $138 $145 $152
Technician III $138 $145 $152 $160 $168 $176
Senior Technician I $143 $150 $158 $166 $174 $183
Senior Technician II $167 $175 $184 $193 $203 $213
Senior Technician III $190 $200 $209 $220 $231 $242
LiDAR Technician I $157 $165 $173 $182 $191 $200
LiDAR Technician II $182 $191 $201 $211 $221 $232
LiDAR Technician III $207 $217 $228 $240 $252 $264
Senior LiDAR Specialist I $215 $226 $237 $249 $261 $274 Senior LiDAR Specialist II $242 $254 $267 $280 $294 $309 Assistant Engineer/Surveyor I $124 $130 $137 $144 $151 $158 Assistant Engineer/Surveyor II $137 $144 $151 $159 $167 $175 Assistant Engineer/Surveyor III $150 $158 $165 $174 $182 $191 Assistant Engineer/Surveyor IV $163 $171 $180 $189 $198 $208 Assistant Engineer/Surveyor V $176 $185 $194 $204 $214 $225 Associate Engineer/Surveyor I $155 $163 $171 $179 $188 $198 Associate Engineer/Surveyor II $167 $175 $184 $193 $203 $213 Associate Engineer/Surveyor III $180 $189 $198 $208 $219 $230 Associate Engineer/Surveyor IV $192 $202 $212 $222 $233 $245 Associate Engineer/Surveyor V $205 $215 $226 $237 $249 $262 Senior Engineer/Surveyor I $209 $219 $230 $242 $254 $267 Senior Engineer/Surveyor II $229 $240 $252 $265 $278 $292 Senior Engineer/Surveyor III $250 $263 $276 $289 $304 $319 Senior Engineer/Surveyor IV $270 $284 $298 $313 $328 $345 Senior Engineer/Surveyor V $290 $305 $320 $336 $352 $370 Principal Manager I $290 $305 $320 $336 $352 $370
Principal Manager II $315 $331 $347 $365 $383 $402
Expert Witness Testimony/Deposition $473 $497 $521 $548 $575 $604 1-Person Survey Crew $215 $226 $237 $249 $261 $274
2-Person Survey Crew $345 $362 $380 $399 $419 $440
3-Person Survey Crew $460 $483 $507 $533 $559 $587
Project Coordinator $127 $133 $140 $147 $154 $162
Senior Project Coordinator $218 $229 $240 $252 $265 $278 Grant Administrator $218 $229 $240 $252 $265 $278
Expense Classification
Terrestrial LiDAR Equipment (per hour - 2-hour min.) $174 $183 $192 $201 $211 $222 Mobile LiDAR Equipment (per hour - 4-hour min.) $750 $788 $827 $868 $912 $957 UAV LiDAR Equipment (per flight day) $880 $924 $970 $1,019 $1,070 $1,123 Bathymetric Survey Vessel (per project day) $1,125 $1,181 $1,240 $1,302 $1,367 $1,436 Special Monuments and Iron Stakes Cost Cost Cost Cost Cost Cost Outside Reproductions and Services Cost Cost Cost Cost Cost Cost Subconsultants Cost + 5% Cost + 5% Cost + 5% Cost + 5% Cost + 5% Cost + 5% In-House Large Format Prints (B+W) $0.50/SF $0.50/SF $0.50/SF $0.50/SF $0.50/SF $0.50/SF In-House Large Format Prints (Color) $1.00/SF $1.00/SF $1.00/SF $1.00/SF $1.00/SF $1.00/SF
CITY OF ROSEVILLE
RFP #08-132 Environmental Utilities On-Call Engineering Services
FEE SCHEDULE
- Field rates for night shift work will be charged at 110% of the regular rate.
Legend
* Rates above are the hourly rate to be charged for each classification unless otherwise noted.
Notes
- Rates are valid through December 31, 2029.
- Reimbursement for mileage is included in the rates above. - Rate for overtime for field and non-exempt employees will be charged at 135% of rate listed above. - Rate for double time for field and non-exempt employees will be charged at 170% of rate listed above.
Rates are subject to a five percent (5%) annual escalation effective June 30, 2025.
Crawford & Associates, Inc. - 2024 Standard Fee Schedule City of Roseville Environmental Utilities
On-Call Engineering Services
PROFESSIONAL TITLE RATE CONSTRUCTION/EQUIPMENT RATE DETAIL Principal 250.00$ Traffic Control (Major) DBE or PW ** $ 2,500.00 DAY Senior Project Manager 210.00$ Traffic Control (Minor) 700.00$ DAY Project Manager 190.00$ Seismic Refraction (12 Channel) 1,300.00$ DAY Senior Engineer / Geologist 170.00$ Core Machine with Generator ** 2,600.00$ DAY Project Engineer II / Geologist 150.00$ Core Machine Bit 3.00$ INCH Project Engineer I / Geologist 140.00$ Core Box 17.25$ EACH Project Engineer I / Geologist - OT 210.00$ Hot Mix Asphalt Patching (1st Core) ** 1,000.00$ FIRST Staff Engineer / Geologist 135.00$ Hot Mix Asphalt Patching (2 or More) ** 500.00$ EACH AFTER Staff Engineer / Geologist - OT 202.50$ Wildcat DCP Equipment ** 750.00$ DAY Project Coordinator 127.00$ Wildcat DCP Tip 20.00$ EACH Administrative Assistant 110.00$ Survey Equipment (Tripod, Level, Rod) 150.00$ DAY Welding / Steel Technician (Non-PW) 160.00$ Survey Equipment (Liquid Level) 150.00$ DAY Senior Technician (Non-PW) 135.00$ Percolation Equipment 200.00$ DAY Senior Technician - OT (Non-PW) 190.00$ Hand Auger ** 200.00$ DAY Staff Technician (Non-PW) 125.00$ Backfill 8.00$ BAG Staff Technician - OT (Non-PW) 175.00$ Steel Liners (MCAL) 10.00$ EACH PREVAILING WAGE CLASSIFICATIONS ** RATE Nuclear Density Test ** 10.00$ EACH Group 1 - Masonry Technician 190.00$ Concrete Equipment 65.00$ PER POUR Group 1 - Masonry Technician - OT 220.00$ CLASSIFICATION TESTING Group 2 - Welding Technician 185.00$ #200 Wash 120.00$ ASTM D1140 Group 2 - Welding Technician - OT 215.00$ Grain Size Analysis to #200 (Sieve Analysis) 160.00$ ASTM D6913 Group 2/3 - Laborer Technician 137.00$ Mass Grain Size (Scour) 2,200.00$ ASTM D6913 Group 2/3 - Laborer Technician - OT 160.00$ Grain Size with Hydrometer 245.00$ ASTM D6913, D7928 Group 3 - Soils/Asphalt Technician 175.00$ Grain Size Analysis 210.00$ CTM 202 Group 3 - Soils/Asphalt Technician - OT 200.00$ Hydrometer Analysis 210.00$ ASTM D7928 Group 4 - Concrete Technician 165.00$ Moisture & Density 80.00$ ASTM D2216, D7263 Group 4 - Concrete Technician - OT 185.00$ Moisture Content 55.00$ ASTM D2216, CTM 226 WORKING HOURS AND PREMIUM TIME RATE Non-Plastic Index Result 125.00$ ASTM D4318 Plasticity Index 260.00$ ASTM D4318
Landscape Suitability 125.00$
1.5 x Hourly Rate STRENGTH TESTING
California Impact 350.00$ CTM 216
2 x Hourly Rate Compaction Curve (4" Mold) 455.00$ ASTM D698/D1557 Compaction Curve (6" Mold) 510.00$ ASTM D698/D1557
3 x Hourly Rate Compaction Curve Checkpoint (4" Mold) 125.00$ ASTM D698/D1557 Compaction Curve Checkpoint (6" Mold) 125.00$ ASTM D698/D1557 Compression (Rock) 275.00$ ASTM 701215% / Hour
(Addt'l to Hourly Rate) Compressive Strength of Cylinders (6x12) 40.00$ ASTM C39 REIMBURSABLES RATE Compressive Strength of Cylinders (4x8) 37.00$ ASTM C39 Mileage IRS Rate Direct Shear (CD 3pt) Peak Only 500.00$ ASTM D3080 Vehicle Charge $ 40.00 / Day Point Load (Rock) 65.00$ ASTM D5731 Outside Costs 5% Markup R-Value 450.00$ ASTM D2844, CAL 301 Permit Fees (City/County) 5% Markup Triaxial Shear-UU 175.00$ ASTM D2850 Triaxial Staged-UU 290.00$ ASTM D2850
Unconfined Compression (Rock) 230.00$ ASTM D7012
** Indicates Prevailing Wage Rates/Work Unconfined Compression (Soil) 180.00$ ASTM D2166
CONSOLIDATION & EXPANSION
1-D Consolidation 400.00$ ASTM D2435
1-D Consolidation (Time Rate) / Per Point 100.00$ ASTM D2435 Expansion Index 275.00$ ASTM D4829
CORROSIVITY TESTING
pH, Resistivity, Sulfate, Chloride Content 240.00$ CTM 417,422,643 pH, Resistivity, Sulfate, Chloride, Redox Potential 350.00$ CTM 417,422,643 and ASTM G200M
PAVEMENT TESTING
Asphalt Ignition Calibration 460.00$ CTM 382
Percent Asphalt Ignition Oven 225.00$ CTM 382
Sand Equivalent 135.00$ CTM 217
Stabilometer Value 225.00$ CTM 366
Theoretical Max Specific Gravity/Density 225.00$ CTM 309 Mix Design $ 2,000.00 ASTM 1557 and ASTM D1633
SEISMIC ANALYSIS
EZ Frisk Software Use $ 2,250.00 PER LOCATION
A Regular Workday is the first 8 hours between 6:00am to 6:00pm, Monday through Friday.
Overtime (Non-PW): Saturdays (over 8 hours)
and Sundays (first 8 hours)
Night Shift (Non-PW): Work performed between
2:00 am and 4:00 am
Overtime (Non-PW): Weekdays & Saturdays
(first 8 hours)
Overtime (Non-PW): Sundays (over 8 hours) and
Holidays
BURNE ENGINEERING RATE SCHEDULE
Labor Classification Billing Rate
2024 2025 2027 2028 2029
Principal/Senior Structural
Engineer
$212 $220 $229 $238 $248
Sr Bridge Engineer $195 $203 $211 $219 $228
Associate Engineer II $115 $120 $124 $129 $135
Associate Engineer I $100 $104 $108 $112 $117
Assistant Engineer $72 $75 $78 $81 $84
Sr CAD Technician $186 $193 $201 $209 $218
CAD Technician II $89 $93 $96 $100 $104
CAD Technician I $74 $77 $80 $83 $87
Administrative Assistant $60 $62 $65 $67 $70
All rates include ordinary office supplies and travel.
Outside reproduction and other direct expenses will be billed at cost. Rate Adjustment is due to 4% escalation to reflect raises and increase in overhead cost
2024 Classifications and Rates
Hourly Rate
Engineers / Project Managers / Planners / Hydrogeologists Engineering Intern 142.00$
Assistant 163.00$
Staff I 173.00$
Staff II 184.00$
Staff III 194.00$
Associate I 210.00$
Associate II 221.00$
Associate III 231.00$
Senior I 257.00$
Senior II 268.00$
Senior III 289.00$
Principal I 310.00$
Principal II 352.00$
Principal III 399.00$
Outreach and Communications
Communications Support I 147.00$
Communications Support II 163.00$
Communications Support III 189.00$
Communication Strategist I 221.00$
Communication Strategist II 247.00$
Communication Strategist III 268.00$
Senior Communication Strategist I 310.00$
Senior Communication Strategist II 331.00$
Senior Communication Strategist III 352.00$
CAD / Design Services
Technician/Designer I 152.00$
Technician/Designer II 179.00$
Technician/Designer III 200.00$
Inspection Services
Inspector I 158.00$
Inspector II 168.00$
Inspector III 194.00$
Inspector (Prevailing Wage) 200.00$
Adminstrative Services
Administration/Clerical I 147.00$
Administration/Clerical II 158.00$
Administration/Clerical III 179.00$
Other Expenses
No mark-up on direct expenses; 5% mark-up for sub-contracted services Standard mileage rate $0.65 per mile (or current Federal Mileage Reimbursement Rate) Rates are subject to revision as of January at a 4% yearly escalation.
PO Box 4255 San Luis Obispo, CA 93403 www.expectwsc.com RESOLUTION NO. 24-229
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY
AND BETWEEN THE CITY OF ROSEVILLE AND WATER WORKS ENGINEERS, LLC,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and Water Works Engineers, LLC, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
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ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT
Environmental Utilities On-Call Engineering Services
THIS AGREEMENT is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and Water Works Engineers, LLC, an Arizona limited liability company (“CONSULTANT”); and
W I T N E S S E T H:
WHEREAS, CITY issued Request for Proposal # 08-132 for Environmental Utilities on- call engineering services; and
WHEREAS, CONSULTANT has prepared a response to the Request for Proposal dated March 13, 2024, herein incorporated by reference, which describes the type of services to be performed by CONSULTANT, and the hourly rates for performance of such services; and WHEREAS, CONSULTANT is qualified and experienced to provide professional design services on an on-call basis.
NOW, THEREFORE, the parties agree as follows:
1. Term. The term of this Agreement shall commence on July 1, 2024 and will expire on June 30, 2025. The City Manager may, in his or her discretion, elect to extend the Agreement in one (1) year increments for up to an additional five (5) years by giving CONSULTANT thirty (30) days advance written notice of each optional one (1) year renewal.
Such extensions shall be memorialized by a written amendment to this Agreement.
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2 2. Services. CONSULTANT shall perform, at the direction of CITY, the scope of the on-call services as described in Request for Proposal #08-132. Individual tasks will be awarded by CITY on an as-needed basis. CITY may assign work to one or more consultants from an approved qualified list. CITY reserves the right to unilaterally assign work to any consultant as it deems prudent or, if no services are required, no work. CITY makes no specific guarantee of a minimum or maximum number of hours or amount of tasks or services, which shall be required of any single consultant. In addition, the inclusion of any consultant on any qualified list, if so utilized by CITY, shall in no way be considered an exclusive agreement to provide service for CITY.
3. Compensation. For its services provided hereunder, CONSULTANT shall be compensated on a time and expense basis in accordance with the hourly rates as described in EXHIBIT “A,” attached hereto and incorporated herein by this reference. Any proposed increase in the effective rates for future services must be preceded by at least a 90-day written notice to the contracting department. Total compensation shall not exceed six hundred twenty- five thousand dollars ($625,000) for the initial term. Total compensation for optional renewal years of this Agreement shall not exceed six hundred twenty-five thousand dollars ($625,000) per year. Total compensation for the initial term and all optional renewal years shall not exceed three million, seven hundred fifty thousand dollars ($3,750,000). Adjustment to the total compensation per year shall require a written amendment to this Agreement, subject to approval by the City Council.
CONSULTANT shall submit one monthly invoice for its services. Such invoices shall be delineated by task, the person performing the services, and the hourly rate, which shall be stated in time increments of not greater than one tenth (1/10) hours. CITY shall pay invoices within
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3 thirty (30) days after receipt, if the services specified in the invoice have been satisfactorily completed.
4. Indemnification. To the fullest extent allowed by law, CONSULTANT agrees to indemnify, including the cost to defend CITY, and its officers, agents, employees and volunteers from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by CITY or the agents, servants, or independent contractors who are directly responsible to CITY, or arising from the active negligence of CITY. Notwithstanding any terms of this section, indemnification and defense obligations shall conform to California Civil Code Section 2782.8.
CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONSULTANT’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, but shall be limited by, the insurance obligations contained in this Agreement.
5. Insurance. CONSULTANT agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.
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4 COVERAGE LIMITS OF LIABILITY
Workers’ Compensation Statutory
Commercial General Liability $2,000,000 each occurrence $4,000,000 aggregate
Personal Injury:
$2,000,000 each occurrence
$4,000,000 aggregate
Automobile Liability $1,000,000 combined single limit
Professional Liability (errors and $2,000,000 per claim omissions) $4,000,000 aggregate
a. Form. CONSULTANT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. CONSULTANT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of CONSULTANT. The additional insured coverage under the CONSULTANT’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and
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5 limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. c. Cancellation/Modification. CONSULTANT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. Subcontractors. CONSULTANT 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, CONSULTANT shall require its subcontractors to agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Additionally, CONSULTANT shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
f. Self-Insured Retentions. All self-insured retentions (“SIR”) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full
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6 certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
g. Waiver of Subrogation. CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from CONSULTANT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by CONSULTANT, its employees, agents and subcontractors.
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT 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.
6. Records. CONSULTANT and its subcontractors shall maintain all files and records relating to the services performed hereunder during the term of this Agreement and for a period of not less than one (1) year after the date of termination or expiration. Provided, however, that in the event of litigation or settlement of claims arising from the performance of this Agreement, CONSULTANT and its subcontractors shall maintain all files and records until such litigation, appeals or claims are resolved. Duly authorized representatives of CITY shall have right of access during normal business hours and after reasonable notice to CONSULTANT’s and subcontractors’ files and records relating to the services performed hereunder and may review and copy the files and records at appropriate stages during performance of the services and during the one (1) year period following termination or
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7 expiration of this Agreement. CONSULTANT shall include this provision in its contracts with all subcontractors.
7. Prevailing Wages. When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONSULTANT shall forfeit as a penalty to the City two hundred dollars ($200) for each calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-site under the Agreement by CONSULTANT or by any subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by CONSULTANT or the applicable subcontractor.
Pursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to Labor Code Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSULTANT at a prominent place at
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8 the work site. Prevailing wage rates to be posted at the work site will be furnished by the contracting department. The possibility of wage increases is one of the elements to be considered by CONSULTANT in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY or the Agreement.
8. Contractor Registration. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Agreement, CONSULTANT and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. CONSULTANT is hereby notified that this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
9. Time is of the Essence. Time is of the essence of this Agreement.
10. Compliance with Laws. CONSULTANT shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.
11. Public Contracts: Conflicts of Interest. CONSULTANT’s duties and services under this Agreement shall not include preparing or assisting CITY with any portion of the CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all
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9 conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Agreement.
12. Ability to Perform. CONSULTANT agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement.
13. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern.
14. Assignment. CONSULTANT is employed to perform unique personal services.
CONSULTANT shall not assign this Agreement without the prior written consent of CITY.
CONSULTANT shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY.
15. Independent Contractor. CONSULTANT, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONSULTANT actually contracts with other businesses to provide the same or
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10 similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public as available to provide the same or similar services; (h) CONSULTANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY’s on-call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
16. Representations and Warranties. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
17. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
18. Copyright, Ownership and Use of Materials. All tangible material (“Material”) created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire, CONSULTANT hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by CONSULTANT in its performance under this
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11 Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by CONSULTANT is, and shall remain, the property of CITY.
CONSULTANT shall execute any documents necessary to effectuate such assignment. In the event that CONSULTANT uses, employs, designates, or retains any person or entity who is not an employee of CONSULTANT, to perform any work required of it pursuant to this Agreement, CONSULTANT shall require said person or entity to execute an agreement containing the preceding paragraph.
19. Termination of Agreement. CITY may terminate this Agreement without cause by giving CONSULTANT ten (10) days advance written notice from the City Manager.
CONSULTANT may terminate this Agreement without cause by giving CITY thirty (30) days advance written notice. CONSULTANT understands that continuation of this Agreement past June 30
th of any given year is contingent upon appropriation of funds for such purpose in the budget of the City of Roseville in the sole discretion of the City Council. In the event of termination through no fault of CONSULTANT, CITY shall compensate CONSULTANT for services performed as of the date of termination, upon the release to CITY of all material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any material, notwithstanding any termination or any dispute regarding the amount to be paid.
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12 20. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
21. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
22. Severability. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
23. Notices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:
CITY OF ROSEVILLE CONSULTANT
Inderpreet Chaggar Mike Fisher, PE
Senior Engineer Principal in Charge & QA/QC
2005 Hilltop Circle 2260 Douglas Boulevard, Suite 105 Roseville, CA 95747 Roseville, CA 95678
Either party may amend its address for notice by giving notice to the other party in writing.
24. Integrated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
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13 IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. ______, adopted by the Council of the City of Roseville on the ___ day of ____________, 20__, and CONSULTANT has caused this Agreement to be executed.
CITY OF ROSEVILLE, a W ATER WORKS ENGINEERS, LLC, an
municipal corporation Arizona limited liability company
BY:_______________________________ BY: _______________________________ DOMINICK CASEY its: ________________________________ City Manager
and
ATTEST:
BY: _______________________________
its: ________________________________
BY: _______________________________
CARMEN AVALOS
City Clerk
APPROVED AS TO FORM:
BY: _______________________________
MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
BY: ________________________________
RICHARD PLECKER
Environmental Utilities Director
Michael J Fisher
Managing Member / Principal
Joe Riess
Managing Member / Principal
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EXHIBIT “A”
CITY OF ROSEVILLE ENGINEERING ON-CALL RATE SHEET
Water Works Engineers, LLC
Classification Title 2024-25 2025-26 2026-27 2027-28 2028-29 AA1 Administrative $77.00 $79.31 $81.69 $84.14 $86. 66
AA2 Senior Administrative $117.00 $120.51 $124.13 $ 127.85 $131.68 E0 Jr Engineer / Jr Field Engineer $117.00 $120.51 $124.13 $127.85 $131.68 E1 Staff Engineer $147.00 $151.41 $155.95 $160.63 $ 165.45 E1A Staff Engineer II $165.00 $169.95 $175.05 $180. 30 $185.71 E2 Associate Engineer $180.00 $185.40 $190.96 $196. 69 $202.59 E2A Associate Engineer II $191.00 $196.73 $202.63 $ 208.71 $214.97 E3 Project Engineer $203.00 $209.09 $215.36 $221.82 $228.48 E3A Project Engineer II $217.00 $223.51 $230.22 $23 7.12 $244.24 E4 Senior Project Engineer $235.00 $242.05 $249.31 $256.79 $264.49 E4A Senior Project Engineer II $253.00 $260.59 $268 .41 $276.46 $284.75 E5 Principal Engineer $272.00 $280.16 $288.56 $297. 22 $306.14 E5A Principal Engineer II $293.00 $301.79 $310.84 $ 320.17 $329.77 I1 Field Inspector $135.00 $139.05 $143.22 $147.52 $151.94 I1A Field Inspector II $157.00 $161.71 $166.56 $171 .56 $176.70 I2 Senior Inspector $167.00 $172.01 $177.17 $182.49 $187.96 I2A Senior Inspector II $177.00 $182.31 $187.78 $19 3.41 $199.22 I3 Supervising Inspector $197.00 $202.91 $209.00 $2 15.27 $221.73 I3A Supervising Inspector II $203.00 $209.09 $215.3 6 $221.82 $228.48 T1 CADD Tech 1 (Drafter/Jr. Technician) $90.00 $92. 70 $95.48 $98.35 $101.30 T1A CADD Tech 1A (Drafter/Jr. Technician II) $100.0 0 $103.00 $106.09 $109.27 $112.55 T2 CADD Tech 2 (Designer/Sr. Technician) $134.00 $1 38.02 $142.16 $146.43 $150.82 T2A CADD Tech 2A (Designer/Sr. Technician II) $145. 00 $149.35 $153.83 $158.45 $163.20 T3 CADD Tech 3 (Senior Designer) $163.00 $167.89 $1 72.93 $178.11 $183.46 T3A CADD Tech 3A (Supervising Designer) $175.00 $18 0.25 $185.66 $191.23 $196.96 Notes:
1. Hourly rates include all work, materials, computers and software, overhead, and equipment. Water Works does not expense local travel within Roseville.
2. A markup of 5% will be added to sub-consultant fees.
3. Any significant direct expense costs, such as a large printing job that may be required, will be budgeted within project scopes/fees as needed and approved by Roseville and billed at cost with no markup.
4. Rates effective July 1st – June 30 th of each City Fiscal year. A 3% increase to the previous fiscal year rate will be added for services performed in each fiscal year thereafter.
CWE
2260 DOUGLAS BOULEVARD
SUITE 160
ROSEVILLE, CA 95661
(916) 772-7800 PHONE
(916) 772-7804 FAX
www.cwecorp.com
Creating a Better Tomorrow, Today™
Professional Services Hourly Rate and Expense Schedule
(Effective through December 31, 2024*)
Engineering
Director .............................................................................................................................................. $240 Engineering Manager .......................................................................................................................... $220 Project Manager ................................................................................................................................. $205 Senior Engineer .................................................................................................................................. $180 Project Engineer ................................................................................................................................. $165 Staff Engineer ..................................................................................................................................... $155 Assistant Engineer .............................................................................................................................. $130 Surveying
Surveying Manager ....................................................................................................................... $245 Licensed Land Surveyor ...................................................................................................................... $225 Land Surveyor-In-Training ................................................................................................................... $155 One Man Field Crew (Drone, GPS and/or Robotic) ................................................................................ $260 Two Man Field Crew ........................................................................................................................... $322 Three Man Field Crew ......................................................................................................................... $395 Technical Support
Project Designer/Land Survey Technician ............................................................................................. $155 CADD Operator ................................................................................................................................... $140 Administrative
Administrative Assistant ........................................................................................................................ $90 Expert Witness
Research and Meetings ....................................................................................................................... $360 Depositions and Trial .......................................................................................................................... $480
Expense Rate Schedule
Mileage ............................................................ (Mileage rate subject to change based on IRS guidelines)
Delivery Service, Outside Consultants, Reproduction, Travel Expenses .................. Cost Plus 10%
*Subject to increase beyond this date.
2024
FF RR II SS CC HH EE NN GG II NN EE EE RR II NN GG ,, II NN CC ..
Consulting Electrical Engineers
13405 Folsom Blvd,. Unit 600 Phone 916.353.1025
Folsom, CA 95630
The following rates apply to hourly engineering services for de sign, studies, inspections, programming, testing, and management. All services will be inv oiced monthly per the rate schedule:
FRISCH ENGINEERING INC.
2024 RATE SCHEDULE
Name Title Hourly Rate
Thomas Frisch, PE
Michael Frisch, P.E.
Principal Electrical Engineer
Senior Programmer
(Field work, meetings, work
review)
$250 per hour
Thomas Frisch, PE
Michael Frisch, P.E.
Senior Electrical Engineer
Senior Programmer
(Office work)
$235 per hour
Martin Yarbrough
Mike Rogers
Senior Electrical Designer
Senior Programmer
$205 per hour
Nigel Wakefield
Nik Conant
Brian Woodin
Junior Electrical Designer
Junior Programmer
$185 per hour
Various Staff Associate Electrical Designer
$140 per hour
The above hourly rates include overhead costs such as: travel via owned vehicle for on-site work , telephone, photocopies, computer costs, copying, and insurance.
The hourly rates do not include e xpenses such as rental equipme nt, airline tickets, rental vehicles, lodging, non-incidental photocopying and materials. Miscellaneous expenses will be billed at cost + 10% as expressly listed in the project’s scope of work.
Rate escalation of 5% per hour is scheduled for next January 1 and each anniversary thereafter.
Frisch Engineering, Inc. has $1M general liability insurance, $1M auto liability insurance, $5M umbrella liability insurance, S tate required workers’ compensat ion insurance, and $3M/5M professional liability insurance.
RESOLUTION NO. 24-230
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND WEST YOST & ASSOCIATES, INC.,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and West Yost & Associates, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
RESOLUTION NO. 24-231
APPROVING AN ON-CALL PROFESSIONAL DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND WOODARD & CURRAN, INC., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an on-call professional design services agreement for environmental utilities on-call engineering services, by and between the City of Roseville and Woodard & Curran, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute five (5) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
COUNCIL COMMUNICATION
CC #:
3400
File #:
0800-02
Title:
Retail Water Services Agreement
Contact:
Andrea Blomquist
916-774-5317
[email protected]
Meeting Date: 6/19/2024
Item #: 7.21.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Retail Water Services Agreement with Gloria Huntington.
BACKGROUND
In January 1994, City of Roseville staff presented an agenda item to City Council (Agenda Item #11876) which established the water rates for a specific residential property. That agenda item noted that, during previous development activities within the City, excessive runoff had impacted the customer’s property. The City had previously constructed drainage improvements on the property to help control the runoff problem.
During that time, the utility customer lost the use of their water well to supply their residential water needs. To alleviate the situation, the City connected the property to the City water system at no cost. In addition, the 2.5” water line was billed at a ¾” residential flat rate. The flat rate was approved by City Council in 1994 and is to remain in effect until the utility customer vacates the property and for so long as the use of City water remains limited to the current residential uses on the property. The City is now moving the utility customer to bill at metered services volumetrically consistent with AB514.
The purpose of this agenda item and associated Retail Water Services Agreement is to provide a contracted rate to the utility customer for the 2.5” residential water line at the residential property.
The agreement will accommodate the need to develop a rate for an individual customer class.
The key obligations of the agreement between the City and Gloria Huntington include:
Customer agrees:
To receive water solely from the City
That the current utility customer will reside at the property Use of the City water is limited to the current residential uses and the current irrigation system cannot be expanded
City agrees to:
Provide a rate specific to the singular customer class to the residential property utility customer Any costs that may be incurred by the City will be funded with non-rate payer funds.
FISCAL IMPACT
There is no anticipated fiscal impact from this agreement to the Water Operations Fund. And, there is no fiscal impact to the General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of a Services Agreements 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,
Andrea Blomquist, Senior Energy Services Account Representative Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-213
Retail Water Services Agreement
RESOLUTION NO. 24-213
APPROVING A RETAIL WATER SERVICES AGREEMENT, BY AND BETWEEN THE
CITY OF ROSEVILLE AND GLORIA HUNTINGTON, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Retail Water Services Agreement, by and between the City of Roseville and Gloria Huntington, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Retail Water Services Agreement 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 ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
COUNCIL COMMUNICATION
CC #:
3420
File #:
0600-01
Title:
Retiree Health Savings Account Plan Document Update, Side Letter Agreements with All Bargaining Groups and Addendum to the Management/Confidential Terms, Conditions and Understandings
Contact:
Stacey Peterson 916-774-5374 [email protected]
Meeting Date: 6/19/2024
Item #: 7.22.
RECOMMENDATION TO COUNCIL
It is recommended that the City Council take the following actions:
1 .
Adopt a resolution to authorize the City Manager to approve the attached side letter agreements to the current memorandum of understandings (MOUs) with the International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39), Roseville Firefighters, 1592 (RFF), Roseville Police Officers’ Association (RPOA), Roseville Police Association (RPA), International Brotherhood of Electrical Workers, Local 1245 (IBEW, Local 1245), and an addendum to the Management/Confidential Terms, Conditions and Understandings regarding updates to the retiree health savings account (RHSA) plan and previously reported uniform special compensation for Classic members that address administrative concerns.
2 .
Adopt a resolution to authorize the City Manager to approve the updated City Sponsored MissionSquare RHSA plan document effective January 1, 2024. 3 .
Adopt a resolution to authorize the City Manager to approve the attached side letter agreement with the RPA to offer double overtime to dispatchers who volunteer to work on the July 4th holiday.
BACKGROUND
The International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39), Roseville Firefighters, 1592 (RFF), Roseville Police Officers’ Association (RPOA), Roseville Police Association (RPA), and the International Brotherhood of Electrical Workers, Local 1245 (IBEW) were notified of the need for several administrative clarifications related to the retiree health savings account (RHSA) provisions. The RHSA Plan document is written to allow employees to access RHSA funds upon separation for their medical expenses, however, it was discovered the memorandum of understandings (MOUs) and Management/Confidential Terms Conditions and Understandings still had a reference to “upon retirement” in one paragraph. For reference, employees contribute one percent (1%) for the first year and each year thereafter they contribute one percent (1%) more up to the maximum of five percent (5%) at five years of service and should have access to their funds upon separation. The Plan document also needs to be updated to capture the City practice, upon rehire, to start an employee at the one percent (1%) employee contribution amount after returning to City employment, rather than a higher percentage they may have been contributing when they separated from City service.
In addition, to address an administrative concern with the RHSA plan document not matching the RPA MOU provision and to align the benefit administration across the labor groups, staff recommends updating the plan document from five years of “continuous” service to five years of “cumulative” service to receive the City $100 per month contribution, effective January 1, 2024.
The RPA MOU was effective January 1, 2024. This does not likely have a broad impact, but may support recruitment efforts to incentivize employees to return to the City and will support accurate benefit administration to align this across the labor groups with this RHSA Plan update.
Therefore, staff recommends City Council authorize the City Manager to approve the updated plan document, applicable side letters and an addendum to the Management/Confidential terms, conditions, and understandings to capture the RHSA clarifying updates recommended.
Further, after a CalPERS inquiry, the City informed RPA, Local 39, RFF and IBEW that the uniform special compensation previously reported for Classic employees and subject to retirement contributions, could be subject to inadvertent treatment based on recent CalPERS regulatory interpretation and direction. CalPERS staff shared concern that prior MOUs did not specify a uniform allowance dollar amount, and therefore, based on their current guidance, was not compliant with CalPERS regulations specific to the uniform special compensation reported. In the most recent rounds of bargaining, specific dollar amounts were identified in the uniform provisions to meet the CalPERS requirements, and at that time, staff were not aware that CalPERS was concerned with prior MOUs, which could impact current Classic employees and retirees. The attached side letter agreements pertaining to uniform allowance, purchase, rental and/or maintenance cost caps are intended to be transparent and ensure the previously reported uniform special compensation for Classic employees, under prior MOUs, that were subject to retirement contributions, also meets the CalPERS requirements as presently communicated to us.
These agreements do not add any additional cost and are not intended to result in any adjustments to the previously reported uniform special compensation for current or retired Classic employees.
Lastly, to support sufficient dispatcher coverage due to increased call volumes on the July 4 th
holiday, it is recommended that double overtime (2 times the base hourly rate) be offered for dispatchers who are not scheduled and who volunteer to work on the July 4 th
holiday. It is
estimated that this will cost less than $1,000 in added overtime costs.
FISCAL IMPACT
The City contributions to the RHSA are budgeted and the uniform provision update is addressing previously reported special compensation for Classic employees, so there is no fiscal impact. The cost for the double overtime is estimated to be less than $1,000, which will be covered by the proposed FY2024-25 Police Department budget in the General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of these side letter agreements and the benefit plan documents and all actions contemplated in this item, meets the above criteria and therefore are not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Respectfully Submitted,
Jessica Beckmann, Human Resources Analyst
Stacey Peterson, Human Resources Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-236
RPOA Side Letter RHSA
Resolution 24-237
RPA Side Letter RHSA and Uniform update
Resolution 24-238
Local 39 Side Letter RHSA and Uniform
Resolution 24-239
IBEW Side Letter RHSA and Uniforn
Resolution 24-240
Management_Confidential Terms RHSA Addendum
Resolution 24-241
RFF Side Letter RHSA and Uniform
Resolution 24-242
MissionSquare Retirement Health Savings Plan Amendment
Resolution 24-243
RPA Side Letter Overtime
RESOLUTION NO. 24-236
APPROVING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING FOR SWORN EMPLOYEES REPRESENTED BY THE ROSEVILLE POLICE OFFICERS’
ASSOCIATION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON
BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a side letter to the Memorandum of Understanding for Sworn Employees Represented by the Roseville Police Officers’ Association, related to the modification of the Retiree Health Savings Account plan, has been reviewed by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said side letter to the Memorandum of Understanding is approved and that the City Manager is authorized to execute it and any other documents necessary to effectuate the purposes hereof as determined necessary by the City Manager.
PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCIL MEMBER:
NOES COUNCIL MEMBER:
ABSENT COUNCIL MEMBER:
Mayor
ATTEST:
City Clerk
RESOLUTION NO. 24-237
APPROVING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING FOR
EMPLOYEES REPRESENTED BY THE ROSEVILLE POLICE ASSOCIATION, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
WHEREAS, a side letter to the Memorandum of Understanding for Employees Represented by the Roseville Police Association, related to the modification of the Retiree Health Savings Account and uniform provisions, has been reviewed by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said side letter to the Memorandum of Understanding is approved and that the City Manager is authorized to execute it and any other documents necessary to effectuate the purposes hereof as determined necessary by the City Manager.
PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCIL MEMBER:
NOES COUNCIL MEMBER:
ABSENT COUNCIL MEMBER:
Mayor
ATTEST:
City Clerk
SIDE LETTER AGREEMENT
BETWEEN THE
ROSEVILLE POLICE ASSOCIATION AND
THE CITY OF ROSEVILLE
RELATED TO THE MODIFICATION OF THE RETIREE HEALTH SAVING ACCOUNT
AND UNIFORM PROVISIONS
The City of Roseville (hereinafter referred to as "City") and the Roseville Police Association (hereinafter referred to as "RPA") entered into a Memorandum of Understanding ("MOU") with a tenn beginning on January 1, 2024, and terminating on December 31, 2027. The City and RPA are collectively referred to herein as the "Parties."
Background and Overview.
The RPA MOU, effective January I, 2024, included updates to the Retiree Health Savings Account (RHSA) provision to allow access to the RHSA upon retirement or separation. The RHSA plan document was updated to reflect these changes. Subsequently, it was discovered that an administrative correction is needed in the MOU language to match the Plan document. Further, the plan document, effective January 1, 2024, needs to be updated to confinn the administration practice for rehired employees to start back at a one percent (1 %) employee contribution upon their return, treating that as year 1.
Thus, the parties mutually agree to modify the RPA MOU, Chapter 4, Article JV. Retiree Health Benefits, provision D., as shown in tracked change edits below:
D. For Employees Hired on or After October 1, 2013 (Tier 3)
1. Employees hired on or after October 1, 2013, shall have no vested right in any post employment medical benefits provided by the City of Roseville. Instead, upon hire, those employees shall contribute one percent (1 %) of their base salary each pay period to a City sponsored Retirement Health Savings (RHS) account and shall contribute an additional one percent (1 %) per pay period per year annually, up to a maximum of five percent (5%) per pay period annually thereafter, to be used to fund the employee's medical costs upon retirement or separation from the City.
2. After five (5) years of cumulative service with the City of Roseville, and beginning on the first pay period of the sixth year of service, the City shall contribute a flat dollar amount equal to $100 per month to be deposited to the employee's RHS account up until the employee's retirement date or separation from the City. After retirement or separation from service with the City, employees may draw from this RHS account for all covered medical expenses pursuant to Section 213 of the Internal Revenue Service (IRS) Code.
Additionally, based on a CalPERS inquiry, it was determined that a provision should be added to the uniforms section of the RP A MOU to ensure the special compensation reported for Classic employees prior to this agreement would meet CalPERS requirements.
Side Letter Between the City and RPA-RHSA & Uniforms Page 1 of 2 Thus, the parties mutually agree to modify the RPA MOU Chapter 8, Article JI., Unifonn Allowance, provision A., as shown in redline edits below:
ARTICLE II. UNIFORM ALLOWANCE
A. The following classifications shall be provided the listed unifonns. The City will report to CalPERS for Classic members the monetary value of the City's cost of providing, replacing and maintaining employee uniforms, as special compensation. For Classic employees, in the first year of employment, the reported special compensation earned, in an amount not to exceed $600, except for Community Services Officer and Animal Control Officer $1,250. All other uniform replacement and maintenance costs reported as special compensation earned may not exceed $500 annually. This excludes the monetary value for personal health and safety equipment. Replacement and maintenance will be provided in lieu of a uniform allowance. Provided uniforms must be worn in accordance with department policy . This is capturing and inclusive of prior City reported special com pensation. related to uniforms . to CalPERS for Classic members. effective at least as early as January L 2013. (or earlier, including as far back as 1994) on the belief and understanding that CalPERS regulations didn't require specified amounts be delineated in publicly approved MOUs prior to this date.
The specific provisions contained in this Side Letter Agreement (SLA) are intended to supersede any previous agreements, whether oral or written, regarding the matters contained in this SLA.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with the Meyers-Milias-Brown Act ("MMBA").
Except as provided here, all wages, hours, and other terms and conditions of employment presently in the City's MOU and SLAs with RPA remain in full force and effect.
This SLA will remain in effect unless it is modified through further negotiations in accordance with the MMBA. This Agreement is executed by the following authorized representatives of each Party:
THESE ARE TENTATIVE TERMS SUBJECT TO APPROVAL OF THE CITY COUNCIL.
Date: ()L.p) DS'l?.-l/
1 I
Date: _____ _
Tris~ ~ P~i:1
ROSEVILLE POLICE ASSOCIATION
B 1aven Atwal, Labor Relations Consultant
ROSEVILLE POLICE ASSOCIATION
Dominick Casey, City Manager
CITY OF ROSEVILLE
-------
Side Letter Between the City and RP A - RHSA & Uniforms Page 2 of 2 RESOLUTION NO. 24-238
APPROVING A SIDE LETTER TO THE MASTER MEMORANDUM OF
UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS, LOCAL 39, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
WHEREAS, a side letter to the Master Memorandum of Understanding for Employees Represented by the International Union of Operating Engineers, Stationary Engineers, Local 39, related to the modification of the Retiree Health Savings Account and uniform provisions, has been reviewed by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said side letter to the Memorandum of Understanding is approved and that the City Manager is authorized to execute it and any other documents necessary to effectuate the purposes hereof as determined necessary by the City Manager.
PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCIL MEMBER:
NOES COUNCIL MEMBER:
ABSENT COUNCIL MEMBER:
Mayor
ATTEST:
City Clerk
SIDE LETTER ACREEMENT
BETWEEN THE
INTERNATIoNAL UNtoN oF oPERATING ENGINEERS, STATToNARY ENGINEERS' LOCAL 39
AND
THE CITY OF ROSEVILLE
RELATED TO THE MODIFICATION OF THE RETIREE HEALTH SAVINGS ACCOUNT AND UNIFOR}{ PROVISIONS
The City of Roseville (hereinafter referred to as "City") and the lntemational Union olOperating eigin"".r, Stationary bngineers, LOCAL 39 (hereinafter refened to as the "Local 39") entered intJ a Memorandurn of Understanding ("MOU") with a term beginning on January l, 2O24' and terminating on December 31,2027. The City and Local 39 are collectively referred to herein as thc "Parties."
Elack und and Overvlew
retlrement or seDaration from the Cit
The Local 39 MOU, effective January l, 2024, included updates to the Retiree Health Savings Account (RHSA) provision to allow access to the RHSA upon retirement or separation. The RHSA pian <locument was updated to reflect these changes. Subsequently, it was discovered that an administratiue correcti;n is needed in the MOU language to match the PIan document and to create consistent application of this benefit across labor groups for the City benefits to begin after five (5) v"ui, or*.uru,ive service. Thiswill provide incentive for the retum ofexperienced employees who l"pu*t"a and correct the administrativc concems. Further, thc plan document, effectivc January l, 2024, needs to be updated to confirm the administration practice for rehired employees to start back at a one percent ( I fo) employee contribution upon their retum, treating that as year I ' Thus, the parties mutually agree to modify the Local 39 MOU, Chapter 3, Article II' Retiree Health Benefits, provision D., as shown in tracked change edits below:
D. For Employees Hired On or After January l, 2014 (Tier 3) l.EmployeehiredonorafterJanuaryl,2014shallhavenovestedrightinanypost. emiloyment medical benefits providid by the City of Roseville. Instead, upon hire, those "l,nptoy"..shallcontributcon"p.'""nt(l%)oftheirbasesalaryeachpayperiodtoaCitysponsored Retirement Health Savings (RHS) account and shall contribute an additional one percent (1%) per pay period per year annually, up to a maximum offive percent (5%) pcr iay period annuuily'th"re"ft"., to be used to fund the employee's medical costs upon v.
2 After five (5) years of cuntulative eon+ntrcus service with the City of Roseville' and L"gi*irg on the frrst pay period of the sixth year of service,, the city shall contribute a flaido aiamount equai to $ tOO per month to be deposited to the employee's RHS account up u*if ,ft" employ""'. retirem;nt date or separation from the City After retirement or ,ipu.u,lon fromservice with the City, employees may draw from the City contribution to- inl, u".o*, rp".-**i** for all ioverld medical expenses pursuant to Section 213 of the IRS Code including participation in non-City sponsored plans' Side Letter Between the City and RPA - RHSA & Uniforms Page I of 2 Additionally, based on a calPERS inquiry, it was determined that a provision should be added to the uniiorms section ofthe MOU to ensure the special compensation reported for Classic employees prior to this agreement would meet CaIPERS requirements. While we agreed to add a sentence during bargainiig to addrcss this, we subsequently were advised by calPERS staff that we need to clarifu the"specia-l compensations reported [o CaipPnS related to uniform costs for Classic member and delineated in prior publicly approved MOUS back to 1994' Thus, the parties mutually agree to modiry the Local 39 MOU, Chapter 2, Article X' uniform Allowance, provision A, as shown in tracked change edits below:
The city agrees to provide three (3) options for uniforms per Al through A3 below. Management in each divlision wilt determine whether employees are required to wear uniforms. The value of the uniform allowance and/or uniforms provided, cleaned, and maintained by the City' up to a total of S1,500 annuallY, is rePorted to CaIPERS as compensation subject to retirement contributions for employees in thc Classic retircment tier (not PEPRA). This excludes thc monetary value for personal health and s
This is capturing and inclusive ofprior
afety equipment or any items not reportable per CaIPERS.
Cilv reported special compensation. related to unifonrls. to CaIPE tbr Clas members t'fective at st as earl Jan 201 3 carlicro s as far back as 1994) on the belief and understandin that CaIPERS reeu lations did notincludin requrre soecified amounts be delineated in ubliclv aooroved MOUs orior to this dare. MeU The specific provisions contained in this Side Letter Agreement (SLA) are intended 1s 5 rpersede any pievious'agreements, whether oral or written, regarding the matters contained in this SLA.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with the Meycrs-Milias-Brown Act ("MMBA").
Except as provided here, all wages, hours, and other terms and conditions of employment presently in ttri City's MOU and SLAs with the Local 39 remain in full force and effect' This SLA will remain in effect unless it is modified through further negotiations in accordance with the MMBA. This Agreement is executed by the following authorized representatives of each Party:
THESEARETENTATIVETERMSSUBJECTToAPPROVAI-oFTHECITYCoL]NCIL.
CITY OF ROSEVILLE THE INTERNATIONAL UNION OF OPERATING
ENCINEERS. STATIONARY ENGINEERS, LOCAL 39
Dominick Casey, CitY Manager Tim Eggen, Business Manager Datc:
Brandy Johnson, Director of
Stephen Hatch, Business Representati
Side Letter Between the City and RPA - RHSA & Uniforms Page 2 of 2 RESOLUTION NO. 24-239
APPROVING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING FOR
EMPLOYEES REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a side letter to the Memorandum of Understanding for Employees Represented by the International Brotherhood of Electrical Workers, Local 1245, related to the modification of the Retiree Health Savings Account plan and uniform provisions, has been reviewed by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said side letter to the Memorandum of Understanding is approved and that the City Manager is authorized to execute it and any other documents necessary to effectuate the purposes hereof as determined necessary by the City Manager.
PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCIL MEMBER:
NOES COUNCIL MEMBER:
ABSENT COUNCIL MEMBER:
Mayor
ATTEST:
City Clerk
RESOLUTION NO. 24-240
APPROVING AN ADDENDUM TO THE TERMS, CONDITIONS, AND
UNDERSTANDINGS OF COMPENSATION AND EMPLOYMENT FOR MANAGEMENT
AND CONFIDENTIAL EMPLOYEES, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an Addendum to the Terms, Conditions, and Understandings of Compensation and Employment for Management and Confidential Employees, has been reviewed by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Addendum is approved and that the City Manager is authorized to execute it and any other documents necessary to effectuate the purposes hereof as determined necessary by the City Manager.
PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 20 , by the following vote on roll call:
AYES COUNCIL MEMBER:
NOES COUNCIL MEMBER:
ABSENT COUNCIL MEMBER:
Mayor
ATTEST:
City Clerk
ADDENDUM TO
TERMS, CONDITIONS AND UNDERSTANDINGS OF COMPENSATION AND EMPLOYMENT FOR
MANAGEMENT/CONFIDENTIAL EMPLOYEES
The City Council of the City of Roseville established the salary, benefits and other provisions related to the employment of the City's Management/Confidential employees during the period of January 1, 2024, through December 31, 2027. Whereas, the City Manager, and, where delegated, the Human Resources Director, are authorized to administer and manage the City workforce, personnel, and its personnel system, this administrative Addendum provides clarifying language as to the applicability and issuance of Service Term/Performance Bonuses.
In the furtherance of effective personnel management and Council priorities, the following provisions have been changed in the Terms, Conditions and Understandings of Compensation and Employment for Management/Confidential Employees, under Article VII. Retiree Health Benefits, provision D, below:
D. For Employees Hired on or After January 1, 2014 (Tier 3)
1. Employees hired on or after January 1, 2014 shall have no vested right in any post- employment medical benefits provided by the City of Roseville. Instead, upon hire, those employees shall contribute one percent (1%) of their base salary each pay period to a City sponsored Retirement Health Savings (RHS) account and shall contribute an additional one percent (1%) per pay period per year annually, up to a maximum of five percent (5%) per pay period annually thereafter, to be used to fund the employee’s medical costs upon retirement or separation from the City.
2. After five (5) years of cumulative continuous service with the City of Roseville, and beginning on the first pay period of the sixth year of service, the City shall contribute a flat dollar amount equal to $100 per month to be deposited to the employee’s RHS account up until the employee’s retirement date or separation from the City. After retirement or separation from service with the City, employees may draw from the City contribution to this account, for all covered medical expenses pursuant to Section 213 of the IRS Code including participation in non-City sponsored plans.
Except as provided here, all wages, hours, and other terms and conditions of employment presently in the City’s Terms, Conditions and Understandings of Compensation and Employment for Management/Confidential Employees remain in full force and effect.
City of Roseville
______________________________
Dominick Casey, City Manager Date
RESOLUTION NO. 24-241
APPROVING A SIDE LETTER AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING FOR EMPLOYEES REPRESENTED BY ROSEVILLE FIREFIGHTERS, LOCAL 1592, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Side Letter Agreement to the Memorandum of Understanding for Employees Represented by Roseville Firefighters, Local 1592, related to the modification of the Retiree Health Savings Account Plan and uniform provisions, has been reviewed by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Side Letter Agreement to the Master Memorandum of Understanding is approved and that the City Manager is authorized to execute it and any other documents necessary to effectuate the purposes hereof as determined necessary by the City Manager.
PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 20 , by the following vote on roll call:
AYES COUNCIL MEMBER:
NOES COUNCIL MEMBER:
ABSENT COUNCIL MEMBER:
Mayor
ATTEST:
City Clerk
RESOLUTION NO. 24-242
APPROVING AN AMENDMENT TO THE MISSIONSQUARE RETIREMENT HEALTH
SAVINGS (RHS) PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, the City of Roseville (“Employer”) has a Retirement Health Savings (RHS) Program, Plan Number 803378 (“Plan”); and
WHEREAS, staff recommends minor amendments to the plan to align all the bargaining groups with current City practices; and
WHEREAS, staff recommends that the Employer contribution to the RHS no longer include a vesting schedule, effective date of January 1, 2024.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Roseville hereby approves an amendment to the MissionSquare Retirement Health Savings Account Plan document, effective January 1, 2024, and that the City Manager is hereby authorized to execute it any anything else necessary to effectuate the purposes hereof, on behalf of the City of Roseville.
PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCIL MEMBER:
NOES COUNCIL MEMBER:
ABSENT COUNCIL MEMBER:
Mayor
ATTEST:
City Clerk
MissionSquare Retirement Health Savings (RHS)
Plan Amendment Packet
To amend your existing RHS Plan, please complete the entire Adoption Agreement, including items that are not being amended. When you send your amendment to MissionSquare Retirement, please summarize the changes in your cover letter.
Please note that MissionSquare does not require the use of a resolution to amend the plan. Should you require legislative action, you may use the enclosed Suggested Resolution for Amendment. If you do not require legislative action, you may complete the Suggested Affirmative Statement for Amendment which is also enclosed.
When amending the RHS Plan, you should consider nondiscrimination rules. Please review the information in Nondiscrimination Requirements document included in this packet.
Once the amendment is completed, retain a copy for your records and send the original with the cover letter and either the resolution or the affirmative statement to MissionSquare as follows:
MAIL:
MissionSquare Retirement
Attn: Plan Services
PO Box 219320
Kansas City, MO 64121-9320
FAX:
MissionSquare Retirement
Attn: Plan Services (844)
677-3297
ONLINE:
Log in to the employer website to send a secure message and upload your documents to MissionSquare.
You will receive notification that your amendment has been received and accepted.
58930-1022-W412
MissionSquare RHS Adoption Agreement
MissionSquare Retirement Health Savings (RHS) Adoption Agreement Plan Number: 803378
Select as applicable:
Standalone RHS Integrated RHS Amendment to Existing Plan I. Employer Name: City of Roseville State: California II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government.
III. Plan Dates:
A. Plan Amendment Effective Date 1-01-2024
B. Plan Year: Enter the annual accounting period for the RHS program.
IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare benefit plan(s) established by the Employer: Retiree Benefits Welfare Plan V. Eligible Groups, Participation and Participant Eligibility Requirements A. Eligible Groups
The following group or groups of Employees are eligible to participate in the Employer’s welfare benefits plan identified in Section IV. (check all applicable boxes):
All Employees
All Full-Time Employees
Non-Union Employees
Public Safety Employees – Police
Public Safety Employees – Firefighters
General Employees
Collectively-Bargained Employees (Specify unit(s))
Other (specify group(s) : Employees identified in bargaining group Memorandum of Understanding documents and non-represented employee Terms, Conditions and Understanding documents for employees hired on or after January 1, 2014, in Local 39, Roseville Police Association, Management/Confidential, Roseville Police Officers’ Association, International Brotherhood of Electrical Workers, Local 1245, employee groups, and for Roseville Firefighters, Local 1592, hired on on or after August 15, 2015.
The Employee group(s) specified must correspond to a group(s) of the sam e designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other documents or provisions in effect in the state or locality of the Employer.
B. Participation
Mandatory Participation: All Employees in the covered group(s) are required to participate in the Plan and shall receive contributions pursuant to Section VI.
If the Employer’s underlying welfare benefit plan is in whole or part a non- collectively bargained plan that allows reimbursement for medical expenses other than insurance premiums, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits received by highly compensated individuals if the Plan discriminates in fav or of highly compensated individuals in terms of eligibility or benefits. The Employer should discuss these rules with appropriate counsel.
C. Participant Eligibility Requirements
1. Minimum service: The minimum period of service required for participation is NA (write N/A if no minimum service is required).
2. Minimum age: The minimum age required for eligibility to participate is NA (write N/A if no minimum age is required).
VI. Contribution Sources and Amounts
A. Definition of Earnings
The definition of Earnings will apply to all RHS Contribution Features that reference “Earnings,” including Direct Employer Contributions (Section VI.B.1.) and Mandatory Employee Compensation Contributions (Section VI.B.2.).
Definition of earnings: As defined in MOUs and Understandings - Base pay (applicable employee pay rate on the current salary schedule).
B. Direct Employer Contributions and Mandatory Contributions Contributions for participants include:
1. Direct Employer Contributions
The Employer shall contribute on behalf of each Participant % of Earnings*
$ each Plan Year
A discretionary amount to be determined each Plan Year Other (describe): As defined in MOUs and Understandings. After five years of cumulative service with the City of Roseville, and beginning on the first pay period of the sixth year of service, the City shall contribute an amount equal to $100 per month. ______
2. Mandatory Employee Compensation Contributions
The Employer will make mandatory contributions of Employee compensation as follows:
Reduction in Salary — For employees hired on or after January 1, 2014 (Tier 3) or for Roseville Firefighters hired on or after August 15, 2015 (Tier 4), contribute 1% of base salary each pay period, increasing 1% annually (deducted per pay period), up to a maximum of 5% per pay period. Rehired employees restart back at 1% of base salary each pay period, increasing 1% annually (deducted per pay period), up to a maximum of 5% per pay period.
Decreased Merit or Pay Plan Adjustment — All or a portion of the Employees’ annual merit or pay plan adjustment will be contributed as follows:
An Employee shall not have the right to discontinue or vary the rate of mandatory contributions of employee compensation.
3. Mandatory Employee Leave Contributions
The Employer will make mandatory contributions of accrued leave as follows (provide formula for determining mandatory employee leave contributions):
Accrued Sick Leave
Accrued Vacation Leave
Other (specify type of leave) Accrued Leave
An Employee shall not have the right to discontinue or vary the rate of mandatory leave contributions.
* Non-collectively bargained plans that reimburse medical expenses other than insurance premiums should consult their benefits counsel regarding welfare plan nondiscrimination rules if the employer elects to make contributions based on a percentage of earnings.
C. Limits on Total Contributions (check one box)
The total contribution by the Employer on behalf of each Participant (including direct emplo yer and mandatory employee contributions) for each Plan Year shall not exceed the following limit(s) below. Limits on individual contribution types are defined within the appropriate section above. There is no Plan-defined limit on the percentage or dollar amount of earnings that may be contributed. % of earnings
Definition of earnings: Same as Section VI.A. Other $ for the Plan Year.
VII. Vesting for Direct Employer Contributions
A. Vesting Schedule (check one box)
The account is 100% vested at all times.
The vesting schedule below shall apply to direct employer contributions as outlined in Section VI.B.1.
Vesting schedules beyond 10 years are not supported. For vesting schedules that are not supported, it is the employer’s responsibility to maintain and provide the vested percentage of eligible employees upon benefit eligibility.
Years of Service Vesting
Completed Percentage
%
%
%
%
%
%
%
%
%
B. The account will become 100% vested upon the death, disability, retirement*, or attainment of benefit eligibility (as outlined in Section IX) by a Participant.
* Definition of retirement includes a separation from service component and is further defined by (check one):
The primary retirement plan of the Employer
Separation from service
Normal Retirement Age (NRA) defined at age _________
Retirement plus years of service – NRA defined by employer at age ____ and _______ years of service Other Retirement as defined in primary retirement plan and/or separation of service Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in A above.
For vesting purpose, you must define “retirement” and enter the age and optionally a service period associated with the NRA so that assets are vested 100% for a participant. If NRA is left blank, it will default to age 62.
VIII. Forfeiture Provisions
If a Participant separates from service prior to full vesting, non -vested funds in the Participant’s account shall be forfeited in accordance with the box checked under this section.
Upon the death of a Participant, surviving spouse, and all surviving eligible dependents (as outlined in Section XI), funds remaining in the Participant’s account shall revert to the Trust in accordance with the box checked under this section.
If a Participant permanently opts out and waives future reimbursements, as allowed under IRS Notice 2013 -54, all funds in the Participant’s account at the time of waiver shall be forfeited in accordance with the box checked under this section.*
Remain in the Trust to be reallocated among all Plan Participants with a balance as Direct Employer Contributions for the next and succeeding contribution cycle(s).** Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants with a balance.** Remain in the Trust to be reallocated among all Plan Participants based upon P articipant account balances.**
Revert to the Employer.
* If the Employer’s RHS Program does not limit eligibility to Participants who have separated from service, the Employer will be required to provide further direction to MissionSquare regarding the treatment of possible contributions that are required to be made following the Participant’s waiver. ** If the forfeited balance is small whereby the reallocation amount to each Plan Participant with a balance is minimal, the assets will revert to Employer’s forfeiture account for further direction from the Employer. If there are Participants without a balance who should receive forfeiture assets, please provide alternative instructions to MissionSquare on the forfeiture reallocation notice.
IX. Eligibility Requirements to Receive Medical Benefit Payments from the MissionSquare Retirement Health Savings Program
A. A Participant is eligible to receive benefits:
At retirement only (also complete Section B.) Definition of retirement:
Same as Section VII.B.
Other
At separation from service with the following restrictions No restrictions
Other
B. Termination prior to general benefit eligibility: In a case where the general benefit eligibility as outlined in Section IX.A includes a retirement component, a Participant who separates from service of the Employer prior to retirement will be eligible to receive benefits:
Immediately upon separation from service
Other
C. A Participant who becomes totally and permanently disabled As defined by the Social Security Administration
As defined by the Employer’s primary retirement plan
Other
will become immediately eligible to receive medical benefit payments from his/her account under the Employer’s welfare benefits plan.
D. Upon the death of the Participant, benefits shall become payable as outlined in Section XI.
X. Permissible Medical Benefit Payments
Benefits eligible for reimbursement consist of:
All Medical Expenses eligible under IRC Section 213* other than (i) direct long-term care expenses, and (ii) expenses for medicines or drugs which are not prescribed drugs (other than insulin). The following medical expenses eligible under IRC section 213* other than (i) direct long-term care expenses, and (ii) expenses for medicines or drugs which are not prescribed drugs (other than insulin). Select only the expenses you wish to cover under the VantageCare Retirement Health Savings Plan:
Option 1: All Medical Benefits*
Option 2: Insurance Premiums Only
Option 3: Select Expenses* you wish to cover under the Employer’s welfare benefits plan :
Medical Insurance Premiums
Medical Out-of-Pocket Expenses
Medicare Part B Insurance Premiums
Medicare Part D Insurance Premiums
Medicare Supplemental Insurance Premiums
Prescription Drug Insurance Premiums
COBRA Insurance Premiums
Dental Insurance Premiums
Dental Out-of-Pocket Expenses
Vision Insurance Premiums
Vision Out-of-Pocket Expenses
Qualified Long-Term Care Insurance Premiums
Non-Prescription medications allowed under IRS guidance Other qualifying medical expenses (describe)
* Non-collectively bargained plans that reimburse medical expenses other than insurance premiums should consult their benefits counsel regarding welfare plan nondiscrimination rules if the employer elects to make contributions based on a percentage of earnings.
XI. Benefits After the Death of the Participant
In the event of a Participant’s death, the following shall apply:
A. Surviving Spouse and/or Surviving Dependents
Upon the death of a Participant, the surviving spouse and/or surviving eligible dependents (as defined in Section XII.D.) of the deceased Participant are immediately eligible to maintain the Participant’s RHS account and utilize the remaining balance to fund eligible medical benefits specified in Section X above. The account balance may be reallocated* by the surviving spouse or dependents.
* Before investing, please read the applicable fund disclosure materials carefully for a complete summary of all fees, expenses, investment objectives and strategies, and risks. This information is available when you log in at www,missionsq.org, or upon request by calling (800) 326- 7272.
If a Participant’s account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible dependents, the account will revert in accordance with the Employer’s election under Section VIII of the MissionSquare RHS Adoption Agreement.
B. No Surviving Spouse or Surviving Dependents
If there are no living spouse or dependents at the time of death of the Participant, the account wil l revert in accordance with the Employer’s election under Section VIII of the MissionSquare RHS Adoption Agreement .
XII. The Plan Will Operate According to the Following Provisions:
A. Employer Responsibilities
1. The Employer will submit all MissionSquare Retirement Health Savings Plan enrollment and contribution data via electronic submission.
2. The Employer will submit all MissionSquare Retirement Health Savings Plan Participant status updates or personal information updates via electronic submission. This includes but is not limited to termination notification, benefit eligibility, and vesting notification.
B. Participant account administration and asset-based fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement.
C. Assignment of benefits is not permitted. Benefits will be paid only to the Participant, his/her survivors, the Employer, or an insurance provider (as allowed by the claims administrator). Payments to a third-party payee (e.g., medical service provider) are not permitted with the exception of reimbursement to the Employer or insurance provider (as allowed by the claims administrator).
D. An eligible dependent is (a) the Participant’s lawful spouse, (b) the Participant’s child under the age of 27, as defined by IRC Section 152(f)(1) and Internal Revenue Service Notice 2010- 38, or (c) any other individual who is a person described in IRC Section 152(a), as clarified by Internal Revenue Service Notice 2004-79.
E. The Employer will be responsible for withholding, reporting and remitting any applicable taxes for payments which are deemed to be discriminatory under IRC Section 105(h), as outlined in the x Employer Manual.
XIII. Employer Acknowledgements
A. The Employer hereby acknowledges it understands that failure to properly fill out this MissionSquare Retirement Health Savings Adoption Agreement may result in the loss of tax exemption of the Trust and/or loss of tax - deferred status for Employer contributions.
B. Check this box if you are including supporting documents that include plan provisions.
Employer Signature
By: Date:
Title: City Manager
Attest: Date:
Title: City Clerk
RESOLUTION NO. 24-243
APPROVING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING FOR
EMPLOYEES REPRESENTED BY THE ROSEVILLE POLICE ASSOCIATION, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
WHEREAS, a side letter to the Memorandum of Understanding for Employees Represented by the Roseville Police Association, related to the Double Overtime for Employees volunteering on July 4, has been reviewed by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said side letter to the Memorandum of Understanding is approved and tha t the City Manager is authorized to execute it and any other documents necessary to effectuate the purposes hereof as determined necessary by the City Manager.
PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCIL MEMBER:
NOES COUNCIL MEMBER:
ABSENT COUNCIL MEMBER:
Mayor
ATTEST:
City Clerk
SIDE LETTER AGREEMENT
BETWEEN THE
ROSEVILLE POLICE ASSOCIATION
AND
THE CITY OF ROSEVILLE
RELATED TO THE DOUBLE OVERTIME FOR DISPATCHERS
VOLUNTEERING ON JULY 4
The City of Roseville (hereinafter referred to as "City") and the Roseville Police Association (hereinafter referred to as "RPA") entered into a Memorandum of Understanding ("MOU'') with a term beginning on January 1, 2024, and terminating on December 31, 2027. The City and RP A are collectively referred to herein as the "Parties."
Background and Overview
The Parties hereby agree to the terms of this Side Letter Agreement ("SLA"), in response to a recently approved enforcement approach concerning illegal fireworks. To promote the safety of the Police team responding to calls on the July 4th holiday, the Parties agree to provide double overtime compensation to dispatchers who volunteer to work on the July 4th holiday. This is intended to incentivize dispatchers to work, who are not scheduled to work that day, so there is a reduced need for forced overtime.
The parties agree to add the following provision to the current RPA MOU, Chapter 2. Salaries and Other Compensation, Article VI., Overtime, provision K., as shown in track changes edits below:
K. July 4th Holida y Double Time: Dis patchers who are not scheduled to work on the July 4th holida y. and who volunteer to work , shall be com pensated at two times (2.0 ) the employee's base hourl y rate.
Ifthere are more volunteers than shifts available , volunteers shall be selected based on dis patchers who sign up for the volunteer shifts first. The number of volunteers needed is at the final discretion of the Police Chief.
The specific provisions contained in this SLA are intended to supersede any previous agreements, whether oral or written, regarding the matter contained in this SLA.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with the Meyers Milias-Brown Act ("MMBA").
Except as provided here, all wages, hours, and other terms and conditions of employment presently in the City's MOU and SLAs with the RPA remain in full force and effect.
THESE ARE TENTATIVE TERMS SUBJECT TO APPROVAL OF THE CITY COUNCIL.
CITY OF ROSEVILLE
Dominick Casey, City Manager
Date
Date I /
COUNCIL COMMUNICATION
CC #:
3416
File #:
0502-01
Title:
General Municipal Election - November 5, 2024
Contact:
Carmen Avalos 916-774-5269 [email protected]
Meeting Date: 6/19/2024
Item #: 7.23.
RECOMMENDATION TO COUNCIL
Adopt a resolution calling for a General Municipal Election to be held on Tuesday, November 5, 2024; requesting the Placer County Board of Supervisors consolidate the election with any other election conducted on said date; and requesting election services be provided by the Placer County Clerk to fill City Council vacancies in Districts one (1), three (3), and five (5).
BACKGROUND
City Councilmember Election
Roseville Charter Section 6.01 requires municipal elections for the selection of officers and for such other purposes as the City Council may prescribe, and states such elections shall be held in the city on the date specified by the State of California. The section further states the elections shall be conducted in each even-numbered year. Said election scheduled for November 5, 2024 shall be held to fill vacancies for the following City Councilmembers whose terms will expire:
District One (1)
Councilmember
Tracy Mendonsa
Term Expires
November 2024
Four Year/Regular Term
District Three (3)
Councilmember
Bruce Houdesheldt
Term Expires
November 2024
Four Year/Regular Term
District Five (5)
Councilmember
Scott Alvord
Term Expires
November 2024
Four Year/Regular Term
Election Procedures
The City Clerk Department will provide election packets for Roseville registered voters interested in running for City Council beginning at 8:00 a.m. on Monday, July 15, 2024. The election packets will include nomination papers, campaign finance reporting forms, candidates statement of qualifications, an explanatory election guide for candidates, and other election-related documents. The deadline to file election materials in order to be considered a candidate is Friday, August 9, 2024 by 5 pm. If an incumbent does not seek re-election, an extended candidate filing period could cause the deadline to be moved to August 14, 2024.
A candidate for City Council must be a citizen of the United States, be 18 years of age, reside in the district, and be a registered voter in the district, in which the candidate seeks election at the time nomination papers are issued.
Before accepting a campaign contribution, a candidate must file a Form 501 and a City form Statement of Acceptance of Campaign Contribution Limits with the City Clerk accepting the campaign contribution limit. Candidates are limited to campaign contributions of $560 from any single source.
Placer County Clerk/Registrar of Voters Services
California Elections Code §10002 authorizes a governing body of any city to request the Board of Supervisors of the County to permit the County Clerk/Registrar of Voters to render specified services to the city and to assist in conducting an election. Placer County is requested to render specified services for the administration of the election that include, but are not limited to, the following:
1 .
Provide copies of all district maps and additional maps the City requires; 2 .
Provide one set of voter lists (district/precinct/street order) at the close of registration; 3 .
Print and mail sample ballots and official ballots;
4 .
Provide and deliver all precinct/vote center supplies;
5 .
Provide information for publication of polls and central counting; 6 .
Issue absentee/vote-by-mail (VBM) ballots;
7 .
Publish all required election notices;
8 .
Count ballots;
9 .
Provide statement of vote/election results;
10 .
Verify nomination signatures; and
11 .
Other items as requested by the Roseville City Clerk.
City Clerk Services
Per Charter Section 2.13, the City Clerk Department will conduct all aspects of elections not specified above, including, but not limited to:
1 .
Issue and file candidate nomination papers and candidate statements and election mandated paperwork;
2 .
Accept all official candidate financial reports as required by the Fair Political Practices Commission and the City of Roseville;
3 .
Proof sample/official ballots;
4 .
Prepare resolution canvassing votes to be adopted by the City Council; and 5 .
Swear-in duly elected members of the City Council.
FISCAL IMPACT
Cost estimates for the 2024 election and associated services is $90,000. This amount is only an estimate as the City will pay a cost equal to the amount Placer County charges depending on the amount of items on the ballot for all state, district and jurisdictions within Placer County. The amount is also dependent on the number of Roseville district candidates appearing on the ballot and the measures the City Council places on the ballot. Costs for the election are included in the City Clerk Elections 2024/2025 budget, set for adoption at the June 19, 2024 City Council meeting.
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. Calling a General Municipal Election meets the above criteria and is not subject to CEQA. No additional environmental review is required for this action.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Respectfully Submitted,
Carmen Avalos, City Clerk
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution
RESOLUTION NO. 24-234
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE
DECLARING A GENERAL ELECTION BE HELD IN ITS JURISDICTION ON TUESDAY, NOVEMBER 5, 2024; REQUESTING THE PLACER COUNTY BOARD
OF SUPERVISORS TO CONSOLIDATE THE ELECTION WITH ANY OTHER ELECTION CONDUCTED ON SAID DATE; AND REQUESTING ELECTION
SERVICES BY THE PLACER COUNTY CLERK/REGISTRAR OF VOTERS TO FILL COUNCIL VACANCIES FOR CITY OF ROSEVILLE DISTRICTS 1, 3, AND 5
Notice of City Officer Election
WHEREAS, under laws of the State of California relating to municipal elections and the Charter of the City of Roseville, there is hereby called and ordered a General Municipal Election to be held in the City of Roseville, County of Placer, State of California, on Tuesday, November 5, 2024 . Election issues to be presented to the voters shall be:
NOMINATION OF CANDIDATES
1. The election shall be to fill vacancies for the following officers whose terms are set to expire:
District Incumbent’s Name Position Term of Office
One (1) Tracy Mendonsa Councilmember Four Year/Regular
Three (3) Bruce Houdesheldt Councilmember Four Year/Regular Five (5) Scott Alvord Councilmember Four Year/Regular
2. Roseville City councilmembers are elected in the following manner:
By District – The City is split into five (5) districts; only those voters residing in the district may vote for candidates who run in the district.
Districts 1, 3, and 5 will have vacancies available for voting in this General Municipal Election occurring on November 5, 2024.
3. Pursuant to Elections Code Section 10229, and as/if applicable as described in subdivision (a) thereof, if, by the 88th day, during normal business hours as posted, prior to the day fixed for a regularly scheduled municipal election or the 83rd day before the election, during normal business hours as posted, if an incumbent fails to file pursuant to Section 10225, no one or only one person is nominated to be elected from or by a legislative district, the City elections official shall submit a certificate of these facts to the governing body of the City and inform the governing body that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action:
(1) Appoint to the office the person who has been nominated; (2) Appoint to the office an eligible elector if no one has been nominated; or
(3) Hold the election, if either no one or only one person has been nominated. The City elections official shall publish a notice of the facts.
After the fifth day following the date of posting or publication, the governing body of the City may make the appointment or direct an election to be held in the affected territory. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If, however, by the 75th day before the municipal election, no person has been appointed to office pursuant to paragraph (1) or (2), the election shall be held.
If an appointment to office is made in a particular legislative district pursuant to subdivision (a) of Elections Code Section 10229 , that appointment shall not affect the conduct of the municipal election in other legislative districts of the City.
4. The City of Roseville has determined the following election particulars:
The length of the Candidate Statement shall not exceed 200 words. The cost of the Candidate Statement shall be paid by the candidate. In the case of a tie vote, the election shall be determined by lot.
For all particulars not recited by this resolution, said election shall be held and conducted as provided by law for the conduct of General Municipal Elections.
5. The City hereby certifies that there have been no City boundary changes since our last election, but the City understands that the Placer County Public Works Mapping Division will verify our City boundary lines prior to the election , as necessary.
WHEREAS, the Council of the City of Roseville requests that pursuant to Elections Code Section 10002, the Placer County Board of Supervisors permit the County Clerk/Registrar of Voters to render services as specified for the General Municipal Election to be held on Tuesday, November 5, 2024:
PLACER COUNTY TO RENDER SPECIFIED SERVICES
1. Provide copies of all district precinct maps and additional maps the city requires
2. Provide one set of voter lists (district/precinct/street order) at the close of registration
3. Print and mail sample ballots and official ballots
4. Provide and deliver all precinct supplies
5. Provide information for publication of polls and central counting
6. Issue absentee/vote-by-mail (VBM) ballots
7. Publish all required election notices
8. Count ballots and provide statement of vote/election results
9. Verify nomination signatures
10. Any additional services requested by the Roseville City Clerk
ROSEVILLE TO RENDER SPECIFIED SERVICES
The Roseville City Clerk, as the Elections Official for the City of Roseville per Charter Section 2.13 will conduct all aspects of election not specified above, including, but not limited to:
1. Issue and file candidate nomination papers and candidate statements and election mandated paperwork
2. Accept all official candidate financial reports as required by the Fair Political Practices Commission and the City of Roseville
3. Proof sample/official ballots
4. Prepare resolution canvassing votes to be adopted by the City Council
5. Swear-in duly elected members of the City Council
WHEREAS, pursuant to services provided by Placer County Clerk/Registrar of Voters, the City of Roseville shall reimburse the County of Placer for services performed when the work is complete and upon presentation to the City of a properly approved bill.
There have been no city limit boundary changes since the City’s last election, but the City of Roseville understands that the Placer County Public Works Mapping Division will verify the City boundary lines prior to the election, as necessary.
This resolution shall be considere d a Notice of Election and Specification of Election Order if applicable.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that the Board of Supervisors of the County of Placer is hereby requested to:
1. Consolidate the election with any other applicable election conducted on the same day; and
2. Authorize and direct the County Clerk, at City expense, to provide all necessary election services.
BE IT FURTHER RESOLVED by the Council of the City of Roseville that the City Clerk of the City of Roseville is hereby authorized, in the discretion of the City Clerk, to do all other things determined to be necessary to carry out the purposes of this resolution and to facilitate the election described herein. The City Clerk shall file a certified copy, if necessary, of this Resolution with the Placer County Clerk and is hereby authorized to execute, submit, file, sign, communicate, and otherwise do whatever else is necessary to effectuate this General Municipal Election; and the City Clerk is further directed to take all other administrative actions necessary to accomplish the orders set forth in this Resolution.
PASSED AND ADOPTED by the Council of the City of Roseville, on the 19th day of June, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #:
3406
File #:
0203-17
Title:
Service and Support of Accela Software - Professional Services Agreement Contact:
Stacie Marchetti 916-774-5278 [email protected]
Meeting Date: 6/19/2024
Item #: 7.24.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve a professional services agreement with TruePoint Solutions, LLC and authorize the City Manager to execute the agreement on behalf of the City.
BACKGROUND
In 2013, following a competitive bid process, the City partnered with TruePoint Solutions, LLC (TruePoint) to implement the City's new enterprise permitting system, Accela Automation. Since then, the City has continued to collaborate with TruePoint, a certified implementation partner for Accela Inc., to further implement and enhance the Accela platform with great success.
Development Services has an ongoing need to contract with a third-party vendor to provide on-call support for the Accela permitting platform and project management services for system upgrades, enhancements, automation, and other end-user improvements. TruePoint, as the initial system implementer, is very familiar with the City's Accela infrastructure and management, making them uniquely suited to ensure system and business continuity during the engagement.
In October 2023, TruePoint executed a contract through the General Services Administration (GSA) Federal Acquisition Services, providing an active contract for Development Services to utilize for the requested scope of work at competitive rates.
Staff is requesting the approval of a professional services agreement for on-call Accela support services. The cost of ongoing maintenance associated with the enterprise permitting system is fully supported by development through permit fees.
FISCAL IMPACT
The not-to-exceed amount for the recommended agreement is $300,000 annually. The funding source is the Development Services Department's Technology Replacement Fund, funded by development through building permit fees for development-driven technology improvements.
Funding for FY2024-25 is included in the Department's proposed budget.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Stacie Marchetti, Management Analyst
Mike Isom, Development Services Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-216
signed PSA
RESOLUTION NO. 24-216
APPROVING A PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE
CITY OF ROSEVILLE AND TRUEPOINT SOLUTIONS LLC, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a professional services agreement for the service and support of Accela software, by and between the City of Roseville and TruePoint Solutions LLC, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said professional services agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024]
PROFESSIONAL SERVICES AGREEMENT
Service and Support of Accela Software
THIS AGREEMENT is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and TruePoint Solutions LLC, a California limited liability company (“CONSULTANT”); and
W I T N E S S E T H:
WHEREAS, CITY desires professional services consisting of service and support of Accela software; and
WHEREAS, CONSULTANT has prepared a proposal dated May 22, 2024, which describes the scope of work to be performed by CONSULTANT, the budget for the work, and the schedule for performance of the work; and
WHEREAS, CONSULTANT is qualified and experienced to provide such professional services.
NOW, THEREFORE, the parties agree as follows:
1. Term. The term of this Agreement shall commence upon execution and expire on June 30, 2025. The City Manager may, in his or her discretion, elect to extend the Agreement in one (1) year increments for up to an additional three (3) years by giving CONSULTANT thirty (30) days advance written notice of each optional one (1) year renewal. Such extensions shall be memorialized by a written amendment to this Agreement.
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 2 2. Services. CONSULTANT shall perform, at the direction of CITY, the scope of services as described in EXHIBIT “A,” attached hereto and incorporated herein by this reference.
3. Compensation. For its services provided hereunder, CONSULTANT shall be compensated on a time and expense basis in accordance with the hourly rates as described in EXHIBIT “A.” Any proposed increase in the effective rates for future services must be preceded by at least a 90-day written notice to the contracting department. Total compensation shall not exceed three hundred thousand dollars ($300,000) for the initial term. Total compensation for optional renewal years of this Agreement shall not exceed three hundred thousand dollars ($300,000). Total compensation for the initial term and all optional renewal years shall not exceed one million two hundred thousand dollars ($1,200,000). Adjustment to the total compensation per year shall require a written amendment to this Agreement, subject to approval by the City Council.
CONSULTANT shall submit one monthly invoice for its services. Such invoices shall be delineated by task, the person performing the services, and the hourly rate, which shall be stated in time increments of not greater than one tenth (1/10) hours. CITY shall pay invoices within thirty (30) days after receipt, if the services specified in the invoice have been satisfactorily completed.
4. Indemnification. To the fullest extent allowed by law, CONSULTANT 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 CONSULTANT's willful [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 3 misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from CITY's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.
CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
5. Insurance. CONSULTANT agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.
COVERAGE LIMITS OF LIABILITY
Workers’ Compensation Statutory
Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability $1,000,000 combined single limit
Professional Liability (errors and $1,000,000 per claim omissions) $2,000,000 aggregate
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 4 a. Form. CONSULTANT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. CONSULTANT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of CONSULTANT. The additional insured coverage under the CONSULTANT’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. c. Cancellation/Modification. CONSULTANT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 5 on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. Subcontractors. CONSULTANT 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, CONSULTANT shall require its subcontractors to agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Additionally, CONSULTANT shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
f. Self-Insured Retentions. All self-insured retentions (“SIR”) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
g. Waiver of Subrogation. CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from CONSULTANT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 6 its officers, agents, employees and volunteers for all worked performed by CONSULTANT, its employees, agents and subcontractors.
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT 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.
6. Records. CONSULTANT and its subcontractors shall maintain all files and records relating to the services performed hereunder during the term of this Agreement and for a period of not less than one (1) year after the date of termination or expiration. Provided, however, that in the event of litigation or settlement of claims arising from the performance of this Agreement, CONSULTANT and its subcontractors shall maintain all files and records until such litigation, appeals or claims are resolved. Duly authorized representatives of CITY shall have right of access during normal business hours and after reasonable notice to CONSULTANT’s and subcontractors’ files and records relating to the services performed hereunder and may review and copy the files and records at appropriate stages during performance of the services and during the one (1) year period following termination or expiration of this Agreement. CONSULTANT shall include this provision in its contracts with all subcontractors.
7. Time is of the Essence. Time is of the essence of this Agreement.
8. Prevailing Wages. When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONSULTANT shall forfeit as a penalty to the City two hundred dollars ($200) [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 7 for each calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-site under the Agreement by CONSULTANT or by any subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by CONSULTANT or the applicable subcontractor.
Pursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to Labor Code Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSULTANT at a prominent place at the work site. Prevailing wage rates to be posted at the work site will be furnished by the contracting department. The possibility of wage increases is one of the elements to be considered by CONSULTANT in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY or the Agreement. [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 8 9. Compliance with Laws. CONSULTANT shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.
10. Ability to Perform. CONSULTANT agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement.
11. Public Contracts: Conflicts of Interest. CONSULTANT’s duties and services under this Agreement shall not include preparing or assisting CITY with any portion of the CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Agreement.
12. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern.
13. The Levine Act Disclosure. The Levine Act (Govt. Code, Section 84308) requires a Party (and its agent(s), if any) to a Proceeding before the City of Roseville that involves any action or consideration related to their contract, license, permit, or other entitlement for use, to disclose any campaign contributions made to CITY elected or appointed officers [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 9 totaling more than $250 within the twelve (12) months prior to the CITY decision and while a proceeding is pending, and includes certain prohibitions on contribution activity thereafter. If applicable campaign contributions have been made by CONSULTANT and/or its agent(s), CONSULTANT is responsible for compliance, including for its disclosure obligations, if any, as further described at:
https://www.roseville.ca.us/government/departments/city_clerk/transparency/levine_act.
14. Assignment. CONSULTANT is employed to perform unique personal services.
CONSULTANT shall not assign this Agreement without the prior written consent of CITY.
CONSULTANT shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY.
15. Independent Contractor. CONSULTANT, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONSULTANT actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 10 as available to provide the same or similar services; (h) CONSULTANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY’s on- call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
16. Representations and Warranties. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
17. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
18. Copyright, Ownership and Use of Materials. All tangible material (“Material”) created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire, CONSULTANT hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by CONSULTANT in its performance under this Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 11 computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by CONSULTANT is, and shall remain, the property of CITY.
CONSULTANT shall execute any documents necessary to effectuate such assignment.
In the event that CONSULTANT uses, employs, designates, or retains any person or entity who is not an employee of CONSULTANT, to perform any work required of it pursuant to this Agreement, CONSULTANT shall require said person or entity to execute an agreement containing the preceding paragraph.
19. Termination of Agreement. The City may terminate this Agreement without cause by giving CONSULTANT ten (10) days advance written notice from the City Manager.
CONSULTANT may terminate this Agreement without cause by giving CITY thirty (30) days advance written notice. In the event of termination through no fault of CONSULTANT, CITY shall compensate CONSULTANT for services performed as of the date of termination, upon the release to CITY of all Material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any Material, notwithstanding any termination or any dispute regarding the amount to be paid.
20. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 12 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.
2 1. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties. 2 2. Severability. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole. 2 3. Notices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:
C ITY OF ROSEVILLE CONSULTANT
S
tacie Marchetti Kent Johnson
Management Analyst Chief Executive Officer
311 Vernon Street 3262 Penryn Rd., Ste. 100-B
Roseville, CA 95678 Loomis, CA 95650
E
ither party may amend its address for notice by giving notice to the other party in writing. 2 4. Integrated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
I
N WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. ______, adopted by the Council of the City of Roseville on the ___ day of ____________, 20__, and CONSULTANT has caused this Agreement to be executed.
(SI
GNATURES CONTAINED ON NEXT PAGE)
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024] 13 CITY OF ROSEVILLE, a TRUEPOINT SOLUTIONS LLC, a
municipal corporation California limited liability company B
Y: _______________________________ BY: _______________________________ DOMINICK CASEY its: _______________________________
City Manager
and
ATTEST:
BY: _______________________________
its: _______________________________
B
Y: _______________________________
CARMEN AVALOS
City Clerk
AP
PROVED AS TO FORM:
B
Y: _______________________________
MICHELLE SHEIDENBERGER
City Attorney
AP
PROVED AS TO SUBSTANCE:
B
Y: _______________________________
MIKE ISOM
Development Services Director
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D014\P005\00086756.DOCX;05/23/2024]
EXHIBIT “A”
TruePoint Solutions WWW.TruePointSolutions.Com
5 III. Project Scope
Project Understanding
TruePoint Solutions appreciates the opportunity to continue to work with the City to enhance the utilization of your Accela Civic Platform products and support the day to day needs of your end users. The Accela Civic Platform is very feature rich and can be continually enhanced to better support your business needs. As we support your needs, we will also focus on knowledge transfer of the Accela Civic Platform features.
TruePoint Solutions proposes a blanket as needed support agreement to work with City staff to support and enhance the Accela Automation functionality. TruePoint can advise, configure, support and train all aspects of the Accela Civic platform and currently works with over 50 Accela customers on the with similar support contracts.
Proposed Services
As Needed Expert Support and General Maintenance
This service will provide day-to-day as needed on call support above and beyond what is provided by Accela CRC. It will also provide a budget to continually enhance and expand the Cities Accela configuration.
• Training as need on any aspect of Accela. Training can be done on-site or remote • Advise on how to most efficiently configure the Accela Civic Platform based on experience we have gained from over 100 customers
• Misc. Configuration changes as requested
• Scripting for business process automation
• Fee configuration and enhancements
• Report Development and Support using Ad-Hoc, SSRS or Crystal • ACA support and enhancements
• Accela Mobile support
• Day-to-day phone support and issue resolution
• On Site support as need form local resources.
• DigEplan support
• Accela upgrade support
TruePoint Solutions WWW.TruePointSolutions.Com
6 Services Costs
Tasks Hourly Rate Total (Not-To-Exceed) Comment
As Needed Support $157.93 $300,000 Annually Hourly Rate per GSA Contract GS-35F-025BA
Travel Budget $0.00 $0.00
Total (Not-To-Exceed) $300,000.00
Services will be billed monthly on a T@M hourly basis as work is requested by the City.
SIGNATURE
Agency acknowledges that it has read this SOW, understands it and agrees to be bound by its terms and conditions. The parties agree that this Agreement cannot be altered, amended or modified, except in writing that is signed by an authorized representative of both parties.
Accepted
City of Roseville, CA.
Accepted
TruePoint Solutions
By:
By:
Print Name: Joe Allen
Print Name: Keith Hobday
Title: Development Services Manager
Title: Partner
Date:
Date: 5-22-24
COUNCIL COMMUNICATION
CC #:
3415
File #:
0800-03
Title:
RPEAK Fuel Gas Compression System – Design-Build Construction Agreement Contact:
Oscar Plasencia 916-746-1648 [email protected]
Meeting Date: 6/19/2024
Item #: 7.25.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Design-Build Construction Agreement with Integrated Engineers and Contractors Corporation dba IEC Corporation for the necessary Engineering, Procurement, and Construction (EPC) services for a complete fuel gas compression system at the RPEAK power plant in the amount of $5,681,090. Staff additionally requests authority for the City Manager, or his designee, to approve change orders up to ten percent (10%) of the contract price.
BACKGROUND
In 2021, Roseville executed agreements with the California Department of Water Resources (DWR) to site two generating units adjacent to the Roseville Energy Park (REP) as part of the State of California’s overall efforts to improve electric system reliability. The site was named the RPEAK power plant. In 2023, Roseville and CDWR reached agreement to place Roseville on a path to take ownership of these generating units through various options.
Pursuant to one option in the agreement, Roseville would submit an application into the California Energy Commission’s (CEC) Distributed Electricity Backup Assets (DEBA) program. Roseville submitted the DEBA application to the CEC earlier this year and the CEC has recently proposed to accept Roseville into the DEBA program, which among other things, provides up to $1.5 million in funding to support efficiency upgrades at the RPEAK power plant. As part of this application, Roseville would also execute agreements to upgrade specified equipment on the generating units, including but not limited to, the installation of a natural gas compression system. Through this path, it is anticipated that Roseville would take ownership of both generating units no later than the end of 2024.
The generating units at the RPEAK site currently use the natural gas supply that operates at a pressure below the pressure that the units were designed to operate at full power output. By installing natural gas compression, the units will be able to generate near designed power output, increasing the efficiency of the units.
Roseville Electric Utility solicited proposals for the necessary Engineering, Procurement, and Construction (EPC) services for a new complete fuel gas compression system at the RPEAK power plant through Request for Proposals No. 07-101 “RPEAK Fuel Gas Compression System”. Roseville received a single proposal by the closing date of March 13, 2024 from a well- qualified organization. Staff evaluation of the proposal resulted in a recommendation to award the work to Integrated Engineers and Contractors Corporation dba IEC Corporation.
FISCAL IMPACT
The contract purchase agreement is not to exceed $6,249,199, including a ten percent (10%) contingency of $568,109. Funding is included in the Electric Department's proposed FY2024-25 budget in the Electric Fund.
ENVIRONMENTAL REVIEW
The proposed project involves the minor alteration of an existing facility. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). The Exemption has been prepared and no further CEQA action is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Oscar Plasencia, Power Plant Engineer
Daniel Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-233
Design-Build Agreement
CEQA Exemption
RESOLUTION NO. 24-233
APPROVING A DESIGN-BUILD CONSTRUCTION AGREEMENT, BY AND BETWEEN
INTEGRATED ENGINEERS AND CONTRACTORS CORPORATION DBA IEC
CORPORATION AND THE CITY OF ROSEVILLE, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Design-Build Construction Agreement for the RPEAK Fuel Gas Compression System project, by and between Integrated Engineers and Contractors Corporation dba IEC Corporation and the City of Roseville, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said 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, consistent with the contract terms, provided that the net cost of all change orders shall not exceed ten percent (10%) of the contract amount.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
N
otice of Exemption
To: P
lacer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678
Project Title: Distributed Electricity Backup Assets (DEBA) Project Project Location(s): APNs 017-101-020-000 and 017-101-021-000, 5120 Phillip Road, Roseville, CA 95747
Project Description: Roseville Electric proposes to install evaporative coolers and natural gas compression on the California Department of Water Resources’ (DWR) Roseville State Power Augmentation Project generators to improve their efficiency.
These facilities are currently permitted to reach an output of up to 33.6 megawatts each (for a total output of 67.2 megawatts). The two General Electric TM2500 generators are currently capable of producing approximately 22.25 megawatts each (for a total project output of 44.5 megawatts) during extreme events. The installation of evaporative cooling will decrease the inlet air temperature, reducing the impact of the ambient temperature derate effects. The installation of natural gas compression will increase the pressure of the incoming natural gas from the local distribution system to the pressure the TM2500 generators were designed to run at for full nameplate capability. The combination of evaporative cooling and gas compression will allow the combined output of the two TM2500 generators to be increased by approximately 9.5 megawatts and will be capable of operation at all times the generators are running. While this will increase the output of each generator to 27 megawatts (for a total of 54 megawatts), this is still well below the current permitted output of 33.6 megawatts each. This project would not increase output over the permitted allowance of 67.2 megawatts.
Public Agency Approving Project: Roseville City Council Agency/Individual Carrying Out Project: Roseville Electric
Reason why this Project is Exempt: This project qualifies for a Class 1 Exemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines which states:
“Cl
ass 1 consists of the…minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use… [including] (b) existing facilities of both investor and publicly owned utilities used to provide electric power…” The pr
oject increases efficien cy in the output of energy produced so that the two TM2500 generators can produce up to 27 megawatts each. While this is an increase in output, it is still within the facilities ’ current permitted output of 33.6 megawatts each,
which was analyzed in prior CEQA documentation. For thi s reason, the Class 1 exemption is applicable to the proposed project.
Lead Agency Contact Person: William Forsythe , Ros eville Electric , 2090 Hilltop Circle, Roseville, CA 95747, (916) 774-5619.
Signature: Date: 02/8/2024
Jessica Lynch, Environmental Coordinator
City of Roseville
COUNCIL COMMUNICATION
CC #:
3409
File #:
0800-03
Title:
Western Area Power Administration – Variable Resource Service Custom Product Contract
Contact:
Brian Schinstock 916-746-1658 [email protected]
Meeting Date: 6/19/2024
Item #: 7.26.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Custom Product Contract for Variable Resource Scheduling (Custom Product Contract) with the Western Area Power Administration (WAPA).
BACKGROUND
The City of Roseville recently renewed the Base Resource Contract with WAPA under Resolution 21-062. Through this contract, the City purchases hydroelectric energy from WAPA to meet a portion of Roseville Electric customers' electricity needs. Additionally, the Base Resource Contract has a provision for executing Custom Products through WAPA for additional energy and capacity above and beyond Roseville’s Base Resource allocation. These elective transactions are performed utilizing the Custom Product Contract and are made in accordance with Roseville Energy Trading Authority Policy. The Custom Product Contract is an enabling agreement allowing the ability to purchase capacity and energy from WAPA. This renewal will supersede the previous contract that City Council approved on May 10, 2018, under Resolution 18-131.
FISCAL IMPACT
There is no fiscal impact associated with the execution of the Custom Product Contract, as it is only an enabling contract.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of this contract meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world
Respectfully Submitted,
Brian Schinstock, Electric Resource Planner
Daniel Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-219
WAPA Cover Letter
Custom Product Contract
RESOLUTION NO. 24-219
APPROVING A CONTRACT BETWEEN THE CITY OF ROSEVILLE AND THE UNITED
STATES DEPARTMENT OF ENERGY, WESTERN AREA POWER ADMINISTRATION,
SIERRA NEVADA REGION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Custom Product Contract for Variable Resource Services, between the City of Roseville and the United States Department of Energy, Western Area Power Administration, Sierra Nevada Region, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said contract is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville, as well as future periodic revisions to Exhibit A of the Custom Product Contract upon concurrence by the City Attorney’s office that the revisions are substantially the same in form.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
Department of Energy
Western Area Power Administration
Sierra Nevada Region
114 Parkshore Drive
Folsom, CA 95630-4710
Sent via E-Mail
Mr. Dominick Casey
City Manager
City of Roseville
311 Vernon Street
Roseville, CA 95678
Dear Mr. Casey:
Enclosed please find Variable Resource Service Custom Product Contract 24-SNR-03075 (Contract) between the City of Roseville (Roseville) and the Western Area Power Administration (WAPA). Under the Contract, Roseville may specify its terms and conditions for Custom Product Power service from WAPA, and WAPA will determine if it can provide said service. If WAPA can provide the requested service, WAPA will provide a revised Exhibit A for Roseville’s signature.
If you agree with the terms and conditions set forth in the Contract, please have the appropriate official sign (wet sign or Adobe E-sign) the Contract, have the signature attested, and return to Mr. Joshua Blake (N6205) at this office or [email protected].
Please also provide a Resolution of your Board. Once we have executed the contract, we will return an original for your files.
If you have any questions, please feel free to contact Ms. Sharol Lynch at [email protected].
Sincerely,
Arun K. Sethi
Vice President of Power Marketing for
Sierra Nevada Region
Enclosure
Contract 24-SNR-03075
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA REGION
CUSTOM PRODUCT CONTRACT
FOR
VARIABLE RESOURCE SERVICE
WITH
CITY OF ROSEVILLE
Contract 24-SNR-03075
i
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA REGION
CUSTOM PRODUCT CONTRACT
FOR
VARIABLE RESOURCE SERVICE
WITH
CITY OF ROSEVILLE
Section Table of Contents Page
1. Preamble .............................................................................................................. 1
2. Explanatory Recitals ............................................................................................. 1
3. Agreement ............................................................................................................ 2
4. Effective Date and Term of Contract .................................................................... 2
5. Definition of Terms ............................................................................................... 3
6. Custom Product Power Furnished by WAPA ....................................................... 4
7. A dditional Services Necessary to Provide Custom Product(s) ............................. 5
8. Delivery Arrangements ......................................................................................... 5
9. Scheduling and Metering ...................................................................................... 5
10. Regional Transmission Organization or Balancing Authority Area ....................... 5
11. WAPA Rates ......................................................................................................... 6
12. Creditworthiness ................................................................................................... 7
13. Billing and Payment for Custom Product Power ................................................... 7
14. Trust Account(s) for Advanced Funds .................................................................. 8
15. Default Provisions ................................................................................................. 9
16. General Power Contract Provisions .................................................................... 10
17. Enforceability ...................................................................................................... 10
18. Exhibit Made Part of Contract ............................................................................. 10
Certificate/Resolution
CVP Schedule of Rates for Custom Product Power
General Power Contract Provisions (September 1, 2007)
Example Exhibit A – Variable Resource – Custom Product Power
Contract 24-SNR-03075
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28 Contract 24-SNR-03075
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA REGION
CUSTOM PRODUCT CONTRACT
FOR
VARIABLE RESOURCE SERVICE
WITH
CITY OF ROSEVILLE
1. PREAMBLE:
This Contract is made this ______________, pursuant to the Acts of Congress approved June 17, 1902, (32 Stat. 388); August 26, 1937, (50 Stat. 844); August 4, 1939, (53 Stat. 1187); and August 4, 1977, (91 Stat. 565); and Acts amendatory or supplementary to the foregoing Acts; between the UNITED STATES OF AMERICA (United States), acting by and through the Administrator, Western Area Power Administration, Department of Energy, hereinafter called WAPA, represented by the officer executing this Contract, or a duly appointed successor, hereinafter called the Contracting Officer; and the CITY OF ROSEVILLE, a municipal corporation, duly organized, created, and existing under and by virtue of the laws of the State of California, hereinafter called the Contractor or Roseville, its successors and assigns; each sometimes hereinafter individually called the Party, and both sometimes hereinafter collectively called the Parties.
2. EXPLANATORY RECITALS:
2.1 The Parties entered into Base Resource Contract 20-SNR-02307 on February 17, 2021. The Base Resource Contract provides the terms and
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28 conditions whereby WAPA will provide Base Resource Electric Service to Roseville.
2.2 WAPA’s final 2025 Power Marketing Plan, published in the Federal Register on August 15, 2017 (82 FR 38675), provides for WAPA to develop Custom Products for customers who request them. Section 7.7 of the Base Resource Contract allows for WAPA to develop a Custom Product for Roseville.
2.3 In addition to its Base Resource, Roseville may also request to purchase Custom Product Power from WAPA to serve its load during the term of this Contract.
2.4 WAPA is willing to provide the Custom Product in accordance with Roseville’s request in Section 2.3 above under the terms and conditions of this Contract.
3. AGREEMENT:
The Parties agree to the terms and conditions set forth herein.
4. EFFECTIVE DATE AND TERM OF CONTRACT:
4.1 This Contract shall become effective upon execution by the Parties, and shall remain in effect until midnight of December 31, 2030, except as otherwise provided herein.
4.2 Service under this Contract shall begin on or after January 1, 2025.
4.3 Either Party may terminate this Contract by giving the other Party a one (1) year advance written notice of the requested termination date.
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28 4.4 WAPA may suspend or terminate service under this Contract pursuant to Section 15.
4.5 WAPA may terminate this Contract upon thirty (30) days advance notice if Roseville ceases to be a WAPA Base Resource customer.
4.6 All obligations incurred under this Contract shall be preserved until satisfied.
5. DEFINITION OF TERMS:
As used herein, the following terms whether singular or plural, or used with or without initial capitalization, shall have the following meanings:
5.1 “Base Resource” means CVP and Washoe Project power output, as determined by WAPA to be available for marketing, after (1) meeting the requirements of Project Use and First Preference Customers, and (2) any other adjustments required for maintenance, regulation, reserves, transformation losses, and ancillary services.
5.2 “Custom Product” means a combination of products and services which may be made available by WAPA per Customer request.
5.3 “ Custom Product Power” means firm capacity and energy, provided by WAPA, a Customer(s) needs in addition to its Base Resource for use in meeting that Customer’s load.
5.4 “Customer” means an entity with a contract and receiving electric service from WAPA’s Sierra Nevada Region.
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28 5.5 “Regional Transmission Organization” or “RTO” means an organization that meets the minimum characteristics and performs the minimum functions specified in Federal Energy Regulatory Commission Order 2000, as that order may be amended or superseded.
5.6 “ Variable Resource Customer” means a Base Resource Customer who is responsible for managing its own power portfolio and will purchase Custom Product Power from WAPA in addition to its Base Resource.
6. CUSTOM PRODUCT POWER FURNISHED BY WAPA:
6.1 WAPA may provide Custom Product Power to those Variable Resource Customers who request Custom Product Power to meet their loads. The minimum term for this service shall be thirty (30) days. The maximum term shall not exceed five (5) years or the remaining term of this Contract, whichever is less.
6.2 Roseville will provide WAPA with the details of its Custom Product Power needs. WAPA shall have sole discretion in determining if it is able to procure and provide Custom Product Power to Roseville as requested by Roseville. If WAPA determines it is able to procure and provide the Custom Product Power requested by Roseville, and the parties execute Exhibit A attached hereto, WAPA will enter into a supply contract(s).
6.3 The specific terms applicable to the Custom Product Power to be provided to Roseville will be listed in Exhibit A, attached hereto. Exhibit A may be revised from time-to-time to meet the Custom Product Power needs of Roseville as agreed to by the Parties.
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28 7. ADDITIONAL SERVICES NECESSARY TO PROVIDE CUSTOM PRODUCT(S):
Roseville understands that additional services, including but not limited to, balancing authority area services and scheduling the resource may be necessary to provide the Custom Product(s) requested under this Contract.
8. DELIVERY ARRANGEMENTS:
Custom Product Power provided by WAPA will be made available to Roseville at the point(s) of delivery specified in Section 2 of Exhibit A attached hereto.
9. SCHEDULING AND METERING:
9 .1 All services provided by WAPA to Roseville under this Contract will be subject to the same scheduling and metering terms and conditions as provided under Roseville’s Base Resource Contract with WAPA the same as if they had been expressly set forth herein.
9.2 Roseville shall provide the name and other pertinent information regarding its scheduling entity to WAPA no less than sixty (60) days prior to receiving service under this Contract. WAPA shall have no obligation to provide Custom Product Power to Roseville if this information has not been provided to WAPA.
However, Roseville shall not be relieved of its payment obligations hereunder.
10. REGIONAL TRANSMISSION ORGANIZATION OR BALANCING AUTHORITY AREA:
10.1 WAPA is a sub-balancing authority area within Balancing Authority of Northern California (BANC). WAPA operates in conformance with its sub- balancing authority area and BANC’s balancing authority area protocols, business practices and procedures. In the event of changes to any protocols, business practices and procedures, WAPA may make any changes necessary to
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28 this Contract to conform to the operating and scheduling protocols, business practices and procedures in accordance with Section 17 of the Base Resource Contract.
10.2 The Parties understand that, in the future, WAPA may also change its operating configuration such as by: (1) joining an independent system operator or RTO or (2) participating in future markets; or (3) making system configurations to meet future operating requirements. In such an event, if WAPA is required to conform to the protocols, business practices or procedures, WAPA shall make changes to this Contract to conform to the terms and conditions required by such events in accordance with Section 17 of the Base Resource Contract.
10.3 In the event that: 1) WAPA incurs costs from the balancing authority area, WAPA’s sub-balancing authority area, CAISO an RTO, or a different balancing authority area for providing Custom Product Power; or 2) Roseville does not abide by the protocols business practices, or procedures of the balancing authority area, an RTO, or other balancing authority area operator that are applicable to WAPA and WAPA incurs costs as a result, Roseville agrees to pay all such costs attributable to Roseville.
11. WAPA RATES:
11.1 Roseville shall pay for electric and related services furnished hereunder in accordance with the rates, charges, and conditions set forth in the CVP Schedule of Rates for Custom Product Power effective January 1, 2025, or any superseding rate schedules.
11.2 Roseville shall be responsible for all costs incurred by WAPA to provide the Custom Product(s) specified in this Contract.
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28 12. CREDITWORTHINESS:
For the purpose of determining the ability of Roseville to meet its obligations related to service hereunder, WAPA may require reasonable credit review procedures. In addition, WAPA may require Roseville to:
12.1 Provide and keep in effect during the term of this Contract, an unconditional and irrevocable letter of credit as security to meet its responsibilities and obligations under this Contract; or
12.2 Provide funds for a WAPA-managed trust account; or
12.3 Provide an alternate form of security acceptable to WAPA.
13. BILLING AND PAYMENT FOR CUSTOM PRODUCT POWER:
WAPA will bill, and Roseville shall pay for Custom Product Power in accordance with the procedures established under either Section 13.1 or Section 13.2, as solely determined by WAPA. If determined necessary by WAPA, WAPA may change the section under which WAPA is billing and Roseville is paying upon sixty (60) days notice to Roseville.
13.1 After-the-Fact-Billing: Roseville shall pay WAPA for Custom Product Power provided in the previous month as directed on the monthly electric service bill; or
13.2 Advance Funding: WAPA will estimate the initial amount of funds required. The estimate shall be based on two (2) months of WAPA’s costs attributable to Roseville for Custom Product Power; Provided, That, if WAPA determines at a later date that two (2) months is either less than, or in excess of, the amount that WAPA determines is appropriate to maintain on behalf of ///
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28 Roseville, WAPA will either bill such shortage to Roseville pursuant to Section 14.2.1 or refund such excess to Roseville pursuant to Section 14.2.2.
13.3 The initial advance funding amount shall be due on the date specified on the bill for collection.
13.4 Any alternative method of advance funding shall be set forth in a separate contractual agreement.
14. TRUST ACCOUNT(S) FOR ADVANCED FUNDS:
Roseville understands that it may be required to advance funds to WAPA pursuant to Section 13.2 and this section for the services provided under this Contract. This Section 14 provides for establishing and maintaining the trust account(s) required if Section 13.2 is in effect.
14 .1 Funds that Roseville advances to WAPA shall be sent in accordance with the information included on the bill(s) for collection, or as otherwise directed.
14.2 Roseville shall be required to maintain a specified balance in the trust account in an amount that WAPA, pursuant to Section 13.2, has determined to be appropriate to maintain on behalf of Roseville. WAPA shall monitor the account; and, if WAPA determines that:
14.2.1 There are not sufficient funds in the account(s), WAPA shall notify Roseville of the shortage in writing and Roseville shall advance the requested amount of funds to WAPA within ten (10) days; or
14.2.2 There are excessive funds in the WAPA trust account(s), WAPA, at its sole discretion, will either: 1) decrease subsequent amounts required by the amount in excess of the estimate, or 2) return any excess funds to Roseville.
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28 14.3 Should Roseville be required to maintain a trust account pursuant to Section 13.2 and this Section 14, WAPA shall be under no obligation to provide service under this Contract without Roseville advancing sufficient funds and said funds being available to WAPA from the trust account(s) as described herein.
1 4.4 Within ninety (90) days after termination of this Contract and after WAPA has determined that all obligations incurred under this Contract have been satisfied, WAPA shall return any funds remaining in its trust account(s) to Roseville without interest.
15. DEFAULT PROVISIONS:
15.1 The failure of Roseville to perform any of its payment obligations under this Contract shall constitute a default. If WAPA determines Roseville to be in default, WAPA shall notify Roseville in writing. If Roseville has not cured such default within seven (7) days, WAPA may suspend service under this Contract.
15 .2 If Roseville is determined to be in default and does not cure such default within forty-five (45) days of receiving the notice of default, WAPA shall have the right to terminate this Contract, and assess damages, as follows:
15.2.1 If WAPA’s aggregate gains exceed its aggregate losses and costs, including obligations incurred on behalf of Roseville that extend past the current month, WAPA, after any set-off, shall make no payment to Roseville and, notwithstanding anything in this Contract to the contrary, the amount by which such gain exceeds the losses and costs for the purposes of this Contract shall be zero (0).
15.2.2 If WAPA’s aggregate gains do not exceed its aggregate losses, including obligations incurred on behalf of Roseville that extend past the current month, WAPA will promptly calculate the damages associated with
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28 the default. As soon as practical, WAPA will provide notice to Roseville of the amount of the damages. Payment for the damages shall be made by Roseville to WAPA within ten (10) business days after such notice is received.
16. GENERAL POWER CONTRACT PROVISIONS:
The GPCP, effective September 1, 2007, attached hereto, are hereby made a part of this Contract, the same as if they had been expressly set forth herein; Provided, That, for the term of Exhibit A to this Contract, Roseville hereby agrees to waive its rights under this Contract to Article 11 of the GPCP.
17. ENFORCEABILITY:
It is not the intent of the Parties that this Contract confer any rights on third parties to enforce the provisions of this Contract except as required by law or express provision in this Contract. This Contract may be enforced, or caused to be enforced, only by WAPA or Roseville, or their successors or assigns.
18. EXHIBIT MADE PART OF CONTRACT:
Exhibit A, Variable Resource – Custom Product Power, attached to and existing under this Contract may vary during the term hereof. Said Exhibit A shall become a part of this Contract during the term fixed by its provisions. Exhibit A is attached hereto and shall be in force and effect in accordance with its terms until superseded by a subsequent Exhibit A, as allowed by the terms of Exhibit A, or terminated. ///
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28 IN WITNESS WHEREOF, the Parties have caused this Contract to be executed the day and year first above written.
CITY OF ROSEVILLE
By:
(Attest) Title:
By: Address:
Title:
WESTERN AREA POWER ADMINISTRATION
By:
Title: Vice President of Power Marketing for
Sierra Nevada Region
Address: 114 Parkshore Drive
Folsom, CA 95630-4710
RESOLUTION
City of Roseville
Exhibit A to
Contract 24-SNR-03075
1 of 4
EXHIBIT A
(Variable Resource – Custom Product Power)
1. This Exhibit A, to be effective under and as a part of Contract 24-SNR-03075, (Contract), shall become effective upon execution of the Contract; and shall remain in effect until superseded by another Exhibit A or termination of the Contract.
2. On or after the effective date of this Exhibit A, and upon satisfaction of the conditions set forth in the Contract, WAPA will provide Custom Product Power to Roseville, as follows:
2.1 Custom Product Power Purchase:
2.1.1 Price: Up to _______ dollars per megawatthour
2 .1.2 Delivery Beginning: ________________ (Date)
2.1.3 Delivery Ending: ________________ (Date)
2.1.4 Amount: ______ MW per hour
2.1.5 Period: Hour ending _____ through hour ending _____
2.1.6 Days: __________________ (Days of the week)
2.1.7 Delivery Point: _____________________________
2.1.8 Other Terms: _____________________________________
2.2 Excess Custom Product Power:
In the event Roseville determines it has requested WAPA purchase Custom Product Power in excess of what it needs (in combination with its Base Resource allocation and other resources) to serve its load for any month during the term of this purchase, Roseville may request WAPA attempt to sell such excess Custom Product Power.
2.2.1 Roseville shall provide written notice of the amount of excess Custom Product Power and, if applicable, the specific resources or contracts it desires to have sold by WAPA and the minimum price it is willing to accept per MWh at least ten (10) days prior to the first day of the month in which Roseville has excess Custom Product Power.
2.2.2 WAPA will make best efforts to sell Roseville’s excess Custom Product Power and take the best offer it receives that meets or exceeds the minimum price provided by Roseville. WAPA will only attempt to sell monthly quantities.
2.2.3 WAPA cannot guarantee that it will be able to sell the excess Custom Product Power. If WAPA is unable to sell the excess Custom Product Power, Roseville will be required to take the remaining unsold power.
2.2.4 If WAPA is able to sell Roseville’s excess Custom Product Power, Roseville shall receive a credit on its power bill equal to the payment received from the sale of such excess Custom Product Power.
City of Roseville
Exhibit A to
Contract 24-SNR-03075
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2.2.5 WAPA will charge one thousand dollars ($1,000) for each event under which WAPA performs the activities associated with a sale of excess Custom Product Power as requested by Roseville. WAPA will list this charge as a line item on Roseville’s power bill.
3. Definitions:
3.1 Advanced Delivery Quantity: A quantity of California Carbon Allowances (CCAs) sufficient to cover three (3) months of WAPA’s estimated carbon Compliance Obligation incurred on behalf of Roseville under this Contract or in the event Roseville has elected to provide trust account monies, the monetary equivalent of three (3) months of WAPA’s estimated carbon Compliance Obligation incurred on behalf of Roseville under this Contract.
3.2 California Carbon Allowance (CCA): Compliance instrument related to the State of California’s Cap and Trade program, AB 32, the Global Warming Solutions Act of 2006. One CCA represents a permit to emit one (1) metric ton of carbon dioxide (CO2).
3.3 Compliance Instrument Tracking System Service (CITSS): The official tracking system sanctioned by CARB for registering the disposition of CCAs and CCOs between various participants in the California Cap and Trade market.
3.4 Compliance Obligation: The Compliance Obligation for any Compliance Period is the obligation that WAPA will incur under the State of California’s Cap- and-Trade program, AB 32, the Global Warming Solutions Act of 2006, resulting from transactions under this Contract for such Compliance Period.
3.5 Compliance Period: With regard to the California Cap-and-Trade program, the Compliance Periods are 2024 – 2026 and 2027 – 2029.
3.6 Compliance Period Compliance Obligation: That Compliance Obligation determined by WAPA for a given Compliance Period calculated after close of the Compliance Period and reported to CARB.
3.7 Monthly Compliance Obligation: The Monthly Compliance Obligation is the estimated Compliance Obligation that WAPA will incur resulting from transactions under this Contract for a given month. The Monthly Compliance Obligation shall be calculated as follows:
Monthly
Compliance
Obligation =
(Monthly Renewable Energy Deliveries x 0 Ton/MWh)
+ (other unspecified monthly energy deliveries x factor established by CARB for unspecified deliveries)
+ (other specified monthly energy deliveries x factor
established by CARB for specified deliveries)
City of Roseville
Exhibit A to
Contract 24-SNR-03075
3 of 4
4.0 Transmission:
4.1 WAPA may use its Merchant transmission rights over the Pacific AC Intertie (PACI), California-Oregon Transmission Project (COTP), and the Central Valley Project (CVP) to provide this Custom Product Power to Roseville. Such usage on the PACI, COTP and/or CVP may be reduced due to California-Oregon Intertie derates or other operational constraints. Transmission service shall be provided pursuant to the PACI Schedule of Rates for Transmission Service (Rate Schedule PACI-T3), CVP Schedule of Rates for Network Integration Transmission Service (Rate Schedule CV-NWT6), and COTP for Transmission Service (Rate Schedule COPT-T4) all effective October 1, 2024, including superseding rate schedules thereafter.
4.2 Transmission beyond WAPA’s __________ Substation for Custom Product Power provided under this Contract shall be provided under ________________________ (i.e., Service Agreement for Network Integration Transmission Service).
5. Compliance Obligation Associated with California Cap and Trade Program:
5.1 WAPA has been directed by the U.S. Department of Energy to participate in the Cap-and-Trade Program.
5.2 WAPA may purchase and import Custom Product Power from outside the State of California on behalf of Roseville under this Contract. As a Covered Entity in the Cap-and-Trade Program, WAPA may incur an obligation to surrender CCAs for such Custom Product Power imported on behalf of Roseville under this Contract.
5.3 The Advanced Delivery Quantity as defined in Section 3.1 will be established by mutual agreement of the Parties. In the event Roseville elects to provide trust account monies, the Parties shall mutually agree on the cost of CCAs to assume for determining the trust account monies that Roseville shall deposit with WAPA. The Parties will review and adjust the Advanced Delivery Quantity and the cost of CCAs to be used for determining the trust account monies annually, and more frequently as circumstances warrant.
5.4 WAPA will calculate and provide notice to Roseville of the Monthly Compliance Obligation it incurred on behalf of Roseville in the previous month.
To compensate WAPA for the Compliance Obligation, each month Roseville shall provide to WAPA amounts of CCAs equal to the Monthly Compliance Obligation which transfer will commence by the 25
th day of the month following
the month the imports were made. The Parties may agree in writing to transfer CCAs more frequently.
City of Roseville
Exhibit A to
Contract 24-SNR-03075
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5.5 Any Advanced Delivery Quantity not otherwise needed by WAPA for a Compliance Obligation shall be transferred back to Roseville under the following conditions:
5.5.1. If Roseville so elects, prior to the transfer back to Roseville of any Advanced Delivery Quantity, Roseville shall provide WAPA trust account monies that WAPA and Roseville mutually agree equals three (3) months of Compliance Obligation; or,
5.5.2 At the termination of this Contract.
5.6. All transfers of CCAs between the Parties shall be accomplished using CITSS.
5.7 At the end of a Compliance Period, WAPA will determine the Compliance Period Compliance Obligation owed on account of the Custom Product transactions during such Compliance Period. To the extent the Compliance Period Compliance Obligation is greater than the sum of the Monthly Compliance Obligation transferred to WAPA by Roseville during the Compliance Period, then WAPA will issue to Roseville a demand for additional CCAs or funds to fully satisfy the Compliance Period Compliance Obligation, and Roseville will transfer to WAPA the additional CCAs or funds within thirty (30) days of WAPA’s demand. In the event the sum of the Monthly Compliance Obligation exceeds WAPA’s Compliance Period Compliance Obligation, then WAPA will transfer to Roseville any such excess.
5.8 In the event Roseville fails to transfer CCAs to WAPA, and/or to maintain a sufficient Advanced Delivery Quantity or trust account monies, all as described herein, WAPA will not import Custom Product Power to Roseville under this Contract.
COUNCIL COMMUNICATION
CC #:
3382
File #:
0400-04-12-1
Title:
Sierra Vista Specific Plan - Parcel FD-2 - Notice of Completion Contact:
Andrew Druck 916-223-7577 [email protected]
Meeting Date: 6/19/2024
Item #: 7.27.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt the attached resolution accepting Parcel FD-
2 ,
CWJ#191075
as complete and authorizing the City Engineer to execute the Notice of Completion.
BACKGROUND
The Engineering Division has made a final inspection of the above project and has found the roadway infrastructure work complete in accordance with the improvement plans and City specifications.
FISCAL IMPACT
The actions requested as part of this action have no impact to the City's General Fund.
Construction costs were paid by the developer.
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,
Andrew Druck, Senior Construction Inspector
Mike Isom, Development Services Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-201
NOC
Exhibit A - Location Map
Final Map
RESOLUTION NO. 24-201
RESOLUTION OF THE COUNCIL OF THE CITY OF ROSEVILLE ACCEPTING THE PUBLIC WORK KNOWN AS PARCEL FD-2 PROJECT, APPROVING THE "NOTICE OF COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY ENGINEER TO
EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF ROSEVILLE, THEREFORE, AND
ACCEPTING ALL DEDICATIONS OFFERED ON THE RECORDED MAP OF THE SUBDIVISION.
BE IT RESOLVED by the 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 Parcel FD-2 is hereby approved, and the public work accepted.
2. All rights of way and easements as offered on the final map of recorded with Placer County Recorder’s Office Book GG of Maps, Page 60 is hereby accepted.
3. The City Engineer 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 , 2024, 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
NO
TICE OF COMPLETION
N
OTICE 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
.
___________________________________
Cit
y 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.
COUNCIL COMMUNICATION
CC #:
3401
File #:
0103-29
Title:
Roseville Natural Gas Financing Authority – Fiscal Year 2024-25 Budget Contact:
Teri Quinlan 916-774-5316 [email protected]
Meeting Date: 6/19/2024
Item #: 7.28.
RECOMMENDATION TO COUNCIL
Staff recommends the City Council, acting as the Roseville Natural Gas Financing Authority (RNGFA), adopt the attached resolution approving the RNGFA FY2024-25 budget.
BACKGROUND
Attached is the RNGFA budget for FY2024-25. The debt service expense budget of $16,589,781 represents principal and interest payments on the 2007 Gas Revenue Bonds, which financed the prepayment of natural gas used for power generation at the Roseville Energy Park.
FISCAL IMPACT
The budget document provides a financial summary of the revenues and expenses of the RNGFA. Approval of the annual budget has no new fiscal impact.
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 yearly budget meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world
Respectfully Submitted,
Teri Quinlan, Accounting Manager
Dennis Kauffman, Assistant City Manager/Chief Financial Officer
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 3-24
RNGFA FY25 Budget
ROSEVILLE NATURAL GAS FINANCING AUTHORITY
RESOLUTION NO. 3-24
ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR 2024-25
WHEREAS, the Roseville Natural Gas Financing Authority has reviewed the proposed Roseville Natural Gas Financing Authority Budget FY2024-25;
NOW, THEREFORE, the Roseville Natural Gas Financing Authority does hereby resolve that the attached Roseville Natural Gas Financing Authority Budget FY2024-25 is hereby approved.
PASSED AND ADOPTED by the Roseville Natural Gas Financing Authority this __ day of _______, 20___, by the following vote on roll call:
AYES AGENCY MEMBERS:
NOES AGENCY MEMBERS:
ABSENT AGENCY MEMBERS:
__________________________________
CHAIR
ATTEST:
_________________________________
Secretary
Roseville Natural Gas Financing Authority
Actual Estimate Budget
FY2023 FY2024 FY2025
OPERATING REVENUES
Current Services - Sale of Natural Gas to Roseville Electric 16,828,050 $ 16,518,389 $ 16,556,031 $ Administrative Fees 46,373 53,704 55,000 Total Revenues 16,874,423 16,572,093 16,611,031
LESS OPERATING EXPENSES
Administrative Expenses (Audit, Fiscal Agent & Rating Agency) 26,459 21,250 21,250 Total Operating Expenses 26,459 21,250 21,250
LESS CAPITAL AND DEBT EXPENSES
Debt Service - Series 2007 Gas Revenue Bonds 16,553,750 16,550,843 16,589,781
Total Capital and Debt Expenses 16,553,750 16,550,843 16,589,781 INCREASE (DECREASE) FROM OPERATIONS 294,214 - - FUND BALANCE, BEGINNING OF YEAR 2,641,567 2,935,781 2,935,781 INCREASE (DECREASE) FROM OPERATIONS 294,214 - - FUND BALANCE, END OF YEAR 2,935,781 $ 2,935,781 $ 2,935,781 $
COUNCIL COMMUNICATION
CC #:
3407
File #:
0203-12
Title:
Communication Software Maintenance & Licensing
- Agreement Amendments
Contact:
Mark Peinado 916-774-5021 [email protected]
Claudia Harlan 916-774-5003 [email protected]
Meeting Date: 6/19/2024
Item #: 7.29.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an amendment to a support and license agreement with Tyler Technologies Inc., extending the current agreement for Tyler Technologies New World software for an additional three years, and adding California Stop Data User Licenses.
BACKGROUND
The City has a software licensing agreement with Tyler Technologies Inc. (formerly known as New World Systems), effective November 6, 2014, for the purchase and installation of a public safety computer system, including computer-aided dispatch, police records, fire records, mobile computing and field reporting, related interfaces and services, support and maintenance.
The Police Department would like to amend the current support agreement for Tyler Technologies New World software extending maintenance and support for an additional three years. Additionally, the Department would like to add user licenses for California Stop Data.
FISCAL IMPACT
The total cost for the three-year amendment is $822,754.11 and will be allocated to the Police and Fire departments each fiscal year by internal service fund charges from the Information Technology Operations Fund. The costs by fiscal year are: FY2024-25, $258,435.14; FY2025- 26, $273,941.25; and FY2026-27, $290,377.72. The total cost for the California Stop Data User License is $11,360 and funding will come from the Information Technology Operations Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The agreement amendment meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Mark Peinado, Management Analyst
Troy Bergstrom, Police Chief
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-217
Maintenance Amendment
Licensing Amendment
RESOLUTION NO. 23-217
APPROVING A SUPPORT AMENDMENT AND LICENSE AGREEMENT AMENDMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND TYLER TECHNOLOGIES, INC.,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a Support Amendment to extend the current support agreement and License Agreement Amendment for additional licenses to the California Stop Data application, by and between the City of Roseville and Tyler Technologies, Inc., has been reviewed by the Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Support Amendment and License Agreement Amendment are hereby approved and that the City Manager is authorized to execute them on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 20__, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
COUNCIL COMMUNICATION
CC #:
3403
File #:
0800-03 & 0201-01
Title:
Electric Department - Capital Improvement Project Budget Adjustment Contact:
Chris Porter 916-774-5615 [email protected]
Meeting Date: 6/19/2024
Item #: 7.30.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt an ordinance to approve a budget adjustment to capital improvement projects totaling $1,001,779 with an offsetting increase to the Contribution in Aid of Construction (CIAC) revenue budget of $900,000, for a net impact to the Electric Fund of $101,779.
BACKGROUND
The Electric Department has several projects that have experienced unanticipated cost increases. The following details the multiple budget adjustments needed:
Pleasant Grove 2 Substation Expansion - $21,779
Major equipment that was procured through the competitive bid process came in at a higher cost than was anticipated. This project is now completed and additional $21,779 of budget authority is required to close this project.
Electric - RPEAK CTs Upgrade - $80,000
Bids received for gas compressors and evaporative coolers came in higher than anticipated. This requires an additional $80,000 to procure the necessary equipment.
Electric New Services - $900,000
Developer construction on additional subdivisions as well as several commercial projects moving forward earlier than anticipated require additional project funding. In order to construct electric infrastructure necessary to support development, an additional $900,000 increase in both the Electric New Services project budget and offsetting Contribution in Aid of Construction revenue budget are required.
FISCAL IMPACT
The net fiscal impact to the Electric fund is $101,779.
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 budget adjustment meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal D - Enhance economic vitality
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Chris Porter, Assistant Electric Utility Director
Dan Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Ordinance 6827
ORDINANCE NO. 6827
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24
BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2023-24, is hereby amended as listed on the attached budget adjustment to capital improvement projects.
SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.
SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
EXPENDITURES/EXPENSES/TRANSFERS OUT
REQUEST FOR BUDGET ADJUSTMENT
Updated 12/1/2023
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 6001 6587 84701 290001 900,000 Increase New Services CIP 6001 6587 84701 500045 21,779 Increase Pleasant Grove 2 Substation CIP 6001 6587 84701 700061 80,000 Increase RPEAK CTs Upgrade CIP
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 1,001,779
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 6001 4681 10001 000000 900,000 Increase Contribution in Aid of Construction
REVENUES/TRANSFERS IN TOTAL 900,000
NET ADJUSTMENT 101,779
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 6001 3601 00000 000000 (101,779) Decrease available funds in Electric Fund 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL (101,779)
Justification for Budget Adjustment:
The New Services CIP requires an additional $900,000 in funding to complete electric infrastructure work for new development that must be complete by the end of the fiscal year. Construction in several more subdivisions began and a number of commercial projects advanced more quickly than anticipated. All new development expenditures are fully reimbursed, so there is an offsetting increase in Contribution in Aid of Construction revenues.
The Pleasant Grove 2 Substation Expansion CIP requires an additional $21,779 to complete and close. Major equipment bids came in higher than expected, requiring the additional funding.
The RPEAK CTs Upgrade CIP requires an additional $80,000. Quotes/bids for the two major contracts needed to perform this work came in higher than originally anticipated, requiring additional funding.
REQUESTER NAME & TITLE: Chris Porter, Assistant Electric Utility Director FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Matt Nelson, Sr Electric Business Analyst COUNCIL DATE (if applicable): 06/19/24 DEPARTMENT/DIVISION: Electric, Distribution Engineering ORDINANCE:
COUNCIL COMMUNICATION
CC #:
3402
File #:
0201 & 0201-01
Title:
Fiscal Year 2023-24 Year-End Budget Adjustments
Contact:
Nancy Rothlisberger 916-774-5314 [email protected]
Meeting Date: 6/19/2024
Item #: 7.31.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt an ordinance to approve year-end budget adjustments to the fiscal year 2023-24 budget.
BACKGROUND
Staff recommends the following adjustments to the FY2023-24 budget:
1. American Rescue Plan Act (ARPA) Project Revenue
– This $7,599,563 budget
adjustment is recommended to recognize revenue for City Council-approved projects using federal American Rescue Plan Act (ARPA) funds, based on expenditures incurred during the fiscal year.
2. Northwest Roseville LLD Fencing Replacement
– This $100,000 budget adjustment is
recommended to reduce the capital budget for fencing replacements that are not being completed in FY2023-24 in the Northwest Roseville LLD Specific Plan. The fencing replacement is being postponed to FY2024-25.
3. Community Facilities Districts (CFD) Expenditure True-Up – CFD pay-as-you-go
developer reimbursement payment amounts are determined after the budget is adopted, when tax levies are finalized, and paid at the end of the fiscal year in June. This budget adjustment trues up the CFD budgets with the final levy and moves expense budgets to align with where the payments are to be applied.
4. Community Facilities Districts (CFD) Tax Revenue True-Up – This budget adjustment is
recommended to true up FY2023-24 CFD final tax levy revenue budgets. The City's budget is developed and proposed for adoption before the final tax levy budget for each CFD is determined.
5. Information Technology Project Labor
–
The Information Technology (IT) Internal
Service Fund (ISF) model has historically recovered IT labor costs on projects through the ISF rates. During FY2023-24, IT began charging projects directly to improve capital asset accounting and provide greater accountability and transparency. Since the FY2023-24 model already recovered the cost of labor via the rates, this budget adjustment is needed to reimburse departments that have IT labor costs charged via the model and directly to their projects. Starting in FY2024-25, IT staff labor is being budgeted directly in the projects.
6. Emergency Rental Assistance Program Projects Closure/Cancellation – This budget
adjustment is recommended to reduce the expenditure budget to (1) close project 700028 - Emergency Rental Assistance Program and (2) cancel project 700032 - Emergency Rental Assistance Program - Round 2. In early 2021, the U.S. Treasury Department established the Emergency Rental Assistance (ERA) program which made available $25 billion to assist renter households unable to pay rent and utilities due to the COVID-19 pandemic. Placer County applied for funding and received notice of an ERA grant on January 21, 2021. This funding assisted low-income households, at or below 80% of the area median income, who rent their homes but are unable to pay rent and/or utilities due to loss of income from the COVID-19 pandemic. The Roseville Housing Division administered Placer County’s ERA program funding and assisted individuals renting and leasing units in the city limits of Roseville. The program allowed for rental and utility arrears to be paid in full from March of 2020 to December of 2021. All ERA funding, with some minor exceptions, was required to be used by December 31, 2021 and funding not expended was required to be returned to Placer County. The total unspent funds of $2,352,440 were reimbursed back to Placer County on April 18, 2022.
7. Golf Fund Transfer
– Staff recommends increasing the transfer to the Golf Fund by $390,446 to fund purchasing obligations that carried over from FY2022-23 into FY2023-24 as well as capital improvements that were previously approved by the City Council. The transfer to the Golf Fund from the General Fund will be paid by the Contributions from Developers Fund; therefore, this adjustment will have no net impact on the General Fund.
FISCAL IMPACT
1 .
The recommended adjustments to the FY2023-24 budget will result in the changes in the table below. There is no net impact to the General Fund. For fund balance reductions, there are adequate resources available in each fund.
Budget
adjustment
Fund
Expense
budget
adjustment
Revenue
budget
adjustment
Available
resources
adjustment
1. American
Rescue Plan Act
(ARPA) Projects
Federal Stimulus Reserve
Fund - ARPA (2280)
$7,599,563
$7,599,563
2. Northwest
Roseville LLD
Fencing
NWSP LLD (2025)
($100,000)
$100,000
3. CFD Clean-Up
Various
$637,798
$318,899
($318,899)
4. CFD Tax
Assessment
True-Up
Various
($2,204,555)
($2,204,555)
IT Operations Fund (4101)
($340,419)
($340,419)
IT Replacement Fund
(4105)
$255,949
$255,949
5. IT Project
Labor
Water Operations Fund
(6101)
($13,508)
$13,508
Water Rehabilitation Fund
(6130)
$13,508
($13,508)
Wastewater Operations
Fund (6201)
($18,988)
$18,988
Wastewater Rehabilitation
Fund (6230)
$18,988
($18,988)
Waste Services
Operations Fund (6301)
($13,726)
$13,726
Waste Services
Rehabilitation Fund (6330)
$13,726
($13,726)
6. ERA Projects
Grants Fund (2270)
($2,352,440)
$2,352,440
7. Golf Fund
Transfer
General (1001)
$390,446
$390,446
Golf (2594)
$390,446
$390,446
Contributions by
Developers (1020)
$390,446
($390,446)
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378.
Approval of the recommended adjustments to the FY2023-24 budget meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world.
Respectfully Submitted,
Nancy Rothlisberger, Budget Manager
Dennis Kauffman, Assistant City Manager/Chief Financial Officer
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Ordinance 6826
ORDINANCE NO. 6826
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24
BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1 . The City of Roseville Annual Budget, Fiscal Year 2023 -24, is hereby amended by transferring an additional appropriation to and from the activities indicated on attached Year-End Budget Adjustments.
SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.
SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
REQUEST FOR BUDGET ADJUSTMENT
Updated 5/23/2024
REQUESTER NAME & TITLE: Nancy Rothlisberger, Budget Manager FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Natalya Lakhno, Budget Analyst COUNCIL DATE (if applicable): 06/19/24 DEPARTMENT/DIVISION: Finance/Budget ORDINANCE:
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL -
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2280 4401 10001 7,599,563 Establish revenue budget for projects
REVENUES/TRANSFERS IN TOTAL 7,599,563
NET ADJUSTMENT (7,599,563)
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2280 3601 00000 000000 7,599,563 Increase available resources 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL 7,599,563
Justification for Budget Adjustment:
This $7,599,563 Budget Adjustment is requested to recognize revenue for City Council-approved projects using federal American Rescue Plan Act (ARPA) funds.
REQUEST FOR BUDGET ADJUSTMENT
Updated 12/1/2023
REQUESTER NAME & TITLE: Anita Kwong Management Analyst FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Anita Kwong Management Analyst COUNCIL DATE (if applicable): 06/19/24 DEPARTMENT/DIVISION: PRL Admin ORDINANCE:
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2025 6545 80201 (100,000) Decrease budget for fencing
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL (100,000)
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment
REVENUES/TRANSFERS IN TOTAL -
NET ADJUSTMENT (100,000)
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2025 3601 00000 000000 100,000 Increase fund balance
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL 100,000
Justification for Budget Adjustment:
The Parks, Recreation & Libraries (PRL) Department requests a budget adjustment of $100,000 to reduce the capital budget for fencing replacements that are not being completed in FY24 in the Northwest Roseville LLD Specific Plan (fund 2025). The fencing replacement project is being postponed to FY25.
REQUEST FOR BUDGET ADJUSTMENT
Updated 12/1/2023
REQUESTER NAME & TITLE: Jeannine Thrash, Management Analyst FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Jeannine Thrash, Management Analyst COUNCIL DATE (if applicable): 06/19/24 DEPARTMENT/DIVISION: Finance Administration ORDINANCE:
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment Please see attached (pages 1 - 2)
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL -
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment Please see attached (pages 1 - 2)
REVENUES/TRANSFERS IN TOTAL -
NET ADJUSTMENT -
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 3601 00000 000000 Please see attached (pages 1 - 2)
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL -
Justification for Budget Adjustment:
Staff recommends this budget adjustment to true up the CFD budgets with the final levy budgets. CFD pay-as-you-go payments are made at the end of the fiscal year in June and the amounts are not calculated until after the FY2023-24 budget is adopted. This budget adjustment also aligns budget to actuals for improved reporting and analysis.
Attachment to Budget Adjustment
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 7439 5411 80701 49,316 Increase budget for pay as you go for Baseline at Sierra Vista CFD 1-funds are moved into Fund 3020 to be paid out
3020 5595 80301 25,549 Increase budget for pay as you go payment (interest portion) for Baseline at Sierra Vista CFD 1
3020 6505 80301
23,767 Increase budget for pay as you go payment from Baseline at Siera Vista CFD 1 Capital Fund 3020
7434 5411 80701
106,587 Increase budget for pay as you go for Creekview CFD 1- IA No. 1 funds are moved into Fund 3019 to be paid out
3019 5595 80301
95,927 Increase budget for pay as you go payment (interest portion) for Creekview CFD 1 - IA No. 1 Capital
3019 6505 80301 10,660 Increase budget for pay as you go payment from Creekview CFD 1 - IA No. 1 Capital
7443
5411
80701
123,078 Increase budget for pay as you go for Creekview CFD 1- IA No. 2 funds are moved into Fund 3023 to be paid out
3023 5595 80301
123,078 Increase budget for pay as you go payment (interest portion) for Creekview CFD 1 - IA No. 2
7436 5411 80701 406,671 Increase budget for pay as you go for Villages at Sierra Vista CFD 1-funds are moved into Fund 3015 to be paid out
3015 5595 80301
53,718 Increase budget for pay as you go payment (interest portion) for Villages at Sierra Vista CFD 1
3015
6505
80301
352,953 Increase budget for pay as you go payment from Villages at Siera Vista CFD 1 Capital Fund.
7432 5569 80701 (385,000) Moving budget from account 5569 to account 5411 7432 5411 80701 385,000 Moving budget from account 5569 to account 5411 3013 5569 80301 (385,000) Moving budget from account 5569 to account 5595 3013 5595 80301
385,000 Moving budget from account 5569 to account 5595 7431 5569 80701 (420,000) Moving budget from account 5569 to account 5411 7431 5411 80701 53,247 Moving budget from account 5569 to account 5411 and lowering to what is budgeted for pay as you go
3012 5569 80301 (420,000) Moving budget from account 5569 to account 5595 and lowering to what is budgeted for pay as you go
3012 5595 80301 53,247 Moving budget from account 5569 to account 5595 and lowering to what is budgeted for pay as you go
7425 5569 80701 (1,625,035) Moving budget from account 5569 to account 5411 7425 5411 80701 1,625,035 Moving budget from account 5569 to account 5411 3007 5569 80301 (1,625,035) Moving budget from account 5569 to accounts 6505 and 5595 3007 6505 80301 952,016 Moving budget from account 5569 to accounts 6505 and 5595
3007
5595
80301
673,019 Increase budget for pay as you go payment (interest portion) for Westpark CFD 1
EXPENDITURES/EXPENSES/TRANSFE 637,798
5/31/2024 2
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 3020 4790 80301 49,316 Increase to pay as you go budgeted for Baseline at Sierra Vista CFD 1 3019 4790 80301 106,587 Increase to pay as you go budgeted for Creekview CFD 1 IA No. 1 3023 4790 80301 123,078 Increase to pay as you go budgeted for Creekview CFD 1 IA No. 2 3015 4790 80301
406,671 Increase to pay as you go budgeted for Villages at Sierra Vista CFD 1 3013 4780 80301 (385,000) Moving budget from account 4780 to account 4790 3013 4790 80301 385,000 Moving budget from account 4780 to account 4790 3012 4780 80301 (420,000) Moving budget from account 4780 to account 4790 3012 4790 80301 53,247 Moving budget from account 4780 to account 4790 and lowering amount to true up with the pay as you go estimate
3007 4780 80301 (1,625,035) Moving budget from account 4780 to account 4790 3007 4790 80301 1,625,035 Moving budget from account 4780 to account 4790 REVENUES/TRANSFERS IN TOTAL 318,899
NET ADJUSTMENT 318,899
AVAILABLE RESOURCES
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 7439 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
(49,316) Decrease available resources for Baseline at Sierra Vista CFD 1 7434 (106,587) Decrease available resources for Creekview CFD 1 7443 (123,078) Decrease available resources for Creekview CFD 1-IA2 7436 (406,671) Decrease available resources for Villages at Sierra Vista CFD 1 7431 366,753 Increase available resources for Westbrook CFD 1 FUND BALANCE TOTAL (318,899)
5/31/2024 2
EXPENDITURES/EXPENSES/TRANSFERS OUT
REQUEST FOR BUDGET ADJUSTMENT
Updated 12/1/2023
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
Please see attachment
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL -
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment Please see attachment
REVENUES/TRANSFERS IN TOTAL -
NET ADJUSTMENT -
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
3601 00000 000000 Please see attachment
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL -
Justification for Budget Adjustment:
Parks, Recreation, and Libraries is requesting a budget adjustment to true up FY2023 -24 Community Facility District (CFD) final tax levy budgets. The City's budget is developed and proposed for adoption before the final tax levy budget for each CFD is dete rmined. There is no impact on the General Fund.
REQUESTER NAME & TITLE: Anita Kwong, Management Analyst FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Anita Kwong, Management Analyst COUNCIL DATE (if applicable): 06/19/24 DEPARTMENT/DIVISION: Parks, Recreation & Libraries ORDINANCE:
Attachment to Budget Adjustment
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment
EXPENDITURES/EXPENSES/TRANSFERS OUT -
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2104 4050 80251 (234,154) Decrease special taxes since final levy was less than anticipated 2105 4050 80251 (9,027) Decrease special taxes since final levy was less than anticipated 2106 4050 80251 (32,476) Decrease special taxes since final levy was less than anticipated 2107 4050 80251 (233,345) Decrease special taxes since final levy was less than anticipated 2108 4050 80251 (110,849) Decrease special taxes since final levy was less than anticipated 2109 4050 80251 (20,752) Decrease special taxes since final levy was less than anticipated 2110 4050 80251 (55,049) Decrease special taxes since final levy was less than anticipated 2111 4050 80251 (655,730) Decrease special taxes since final levy was less than anticipated 2113 4050 80251 (648,560) Decrease special taxes since final levy was less than anticipated 2114 4050 80251 (4,301) Decrease special taxes since final levy was less than anticipated 2115 4050 80251 (123,646) Decrease special taxes since final levy was less than anticipated 2116 4050 80251 (22,447) Decrease special taxes since final levy was less than anticipated 2117 4050 80251 (234) Decrease special taxes since final levy was less than anticipated 2119 4050 80251 (243) Decrease special taxes since final levy was less than anticipated 2120 4050 80251 (71,192) Decrease special taxes since final levy was less than anticipated 2121 4050 80251 3,028 Increase special taxes since final levy was more than anticipated 2122 4050 80251 15,646 Increase special taxes since final levy was more than anticipated 2124 4050 80251 (1,224) Decrease special taxes since final levy was less than anticipated REVENUES/TRANSFERS IN TOTAL (2,204,555)
NET ADJUSTMENT 2,204,555
AVAILABLE RESOURCES
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2104 3601 00000 000000 (234,154) Decrease available resources for Fund 2104-Stoneridge CFD 1 2105 3601 00000 000000 (9,027) Decrease available resources for Fund 2105-Stoneridge Parcel CFD 2 2106 3601 00000 000000 (32,476) Decrease available resources for Fund 2106-Woodcreek West CFD 2 2107 3601 00000 000000 (233,345) Decrease available resources for Fund 2107-Hihgland Reserve CFD 2 2108 3601 00000 000000 (110,849) Decrease available resources for Fund 2108-Crocker Ranch CFD 2 2109 3601 00000 000000 (20,752) Decrease available resources for Fund 2109-Woodcreek East CFD 2 2110 3601 00000 000000 (55,049) Decrease available resources for Fund 2110-Stone Point CFD 2 2111 3601 00000 000000 (655,730) Decrease available resources for Fund 2111-Fiddyment Ranch CFD 2 2113 3601 00000 000000 (648,560) Decrease available resources for Fund 2113-Westpark CFD 2 2114 3601 00000 000000 (4,301) Decrease available resources for Fund 2114-Longmeadow CFD 2 2115 3601 00000 000000 (123,646) Decrease available resources for Fund 2115-Infill Services District CFD 4 2116 3601 00000 000000 (22,447) Decrease available resources for Fund 2116-Infill Services District 4 Annex CFD 2 2117 3601 00000 000000 (234) Decrease available resources for Fund 2117-Stone Point CFD 4 2119 3601 00000 000000 (243) Decrease available resources for Fund 2119-Westbrook CFD 2 2120 3601 00000 000000 (71,192) Decrease available resources for Fund 2120-HP Campus Oaks CFD 2 2121 3601 00000 000000 3,028 Increase available resources for Fund 2121-Creekview CFD 2 2122 3601 00000 000000 15,646 Increase available resources for Fund 2122-Sierra Vista CFD 2 2124 3601 00000 000000 (1,224) Decrease available resources for Fund 2124-Amoruso Ranch CFD 2 FUND BALANCE TOTAL (2,204,555)
5/31/2024 2
EXPENDITURES/EXPENSES/TRANSFERS OUT
REQUEST FOR BUDGET ADJUSTMENT
Updated 5/23/2024
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment
see attached 4 pages
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL -
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment
REVENUES/TRANSFERS IN TOTAL -
NET ADJUSTMENT -
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL -
Justification for Budget Adjustment:
The Information Technology Internal Service Fund (ISF) model has historically recovered IT labor costs on projects through the ISF rates.
During FY24, IT began charging projects directly. Since the FY24 model already recovered the cost of labor via the rates, this budget adjustment is needed to reimburse departments that have IT labor costs charged via the model and directly to their projects. Starting in FY25, IT staff labor is being budgeted directly in the projects.
REQUESTER NAME & TITLE: Scott Pettingell / Assistant Finance Director FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Paula Beckman / Budget Analyst COUNCIL DATE (if applicable): 06/19/24 DEPARTMENT/DIVISION: Finance / Budget ORDINANCE:
Attachment to Budget Adjustment
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
4101 5980 32101 (170,210) increase budget for project labor 4101 5980 32102 (75,105) increase budget for project labor 4101 5980 32202 (68,986) increase budget for project labor 4101 5980 32210 (117,310) increase budget for project labor 4101 5980 32301 (192,184) increase budget for project labor 4101 5980 32320 (42,840) increase budget for project labor 4101 5080 84001 500132 326,216 increase budget for project labor 4105 5080 84001 500131 85,541 increase budget for project labor 4105 5080 84001 500237 47,750 increase budget for project labor 4105 5080 84001 500238 48,219 increase budget for project labor 4105 5080 84001 500319 42,353 increase budget for project labor 4105 5080 84001 500371 3,774 increase budget for project labor 4105 5080 84001 500372 3,812 increase budget for project labor 4105 5080 84001 500373 5,929 increase budget for project labor 4105 5080 84001 500374 11,136 increase budget for project labor 4105 5080 84001 500378 7,435 increase budget for project labor 1001 5080 84001 500379 4,645 increase budget for project labor 1001 5532 24001 (4,645) reduce IT fixed services charges for project labor 4001 5080 84001 500379 148 increase budget for project labor 4001 5532 62601 (148) reduce IT fixed services charges for project labor 4005 5080 84001 500237 62 increase budget for project labor 4005 5080 84001 500238 62 increase budget for project labor 4005 5080 84001 500371 121 increase budget for project labor 4005 5080 84001 500372 120 increase budget for project labor 4005 5080 84001 500373 190 increase budget for project labor 4005 5080 84001 500374 355 increase budget for project labor 4005 5532 62601 (910) reduce IT fixed services charges for project labor 4061 5080 84001 500379 123 increase budget for project labor 4061 5532 62520 (123) reduce IT fixed services charges for project labor 4065 5080 84001 500237 130 increase budget for project labor 4065 5080 84001 500238 131 increase budget for project labor 4065 5080 84001 500371 101 increase budget for project labor 4065 5080 84001 500372 101 increase budget for project labor 4065 5080 84001 500373 154 increase budget for project labor 4065 5080 84001 500374 295 increase budget for project labor 4065 5532 62530 (912) reduce IT fixed services charges for project labor 6001 5080 84701 500237 11,108 increase budget for project labor 6001 5080 84701 500238 11,217 increase budget for project labor 6001 5080 84701 500371 1,014 increase budget for project labor 6001 5080 84701 500372 1,024 increase budget for project labor 6001 5080 84701 500373 1,591 increase budget for project labor 6001 5080 84701 500374 2,991 increase budget for project labor 6001 5080 84701 500379 1,247 increase budget for project labor 6001 5532 70003 (30,192) reduce IT fixed services charges for project labor 6101 5532 74181 (13,508) reduce IT fixed services charges for project labor 6130 5080 84001 500237 4,996 increase budget for project labor 6130 5080 84001 500238 5,045 increase budget for project labor 6130 5080 84001 500371 447 increase budget for project labor 6130 5080 84001 500372 451 increase budget for project labor
5/31/2024 page 2
Attachment to Budget Adjustment
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
6130 5080 84001 500373 701 increase budget for project labor 6130 5080 84001 500374 1,318 increase budget for project labor 6130 5080 84001 500379 550 increase budget for project labor 6201 5532 74381 (18,988) reduce IT fixed services charges for project labor 6230 5080 84001 500237 6,975 increase budget for project labor 6230 5080 84001 500238 7,044 increase budget for project labor 6230 5080 84001 500371 640 increase budget for project labor 6230 5080 84001 500372 647 increase budget for project labor 6230 5080 84001 500373 1,005 increase budget for project labor 6230 5080 84001 500374 1,889 increase budget for project labor 6230 5080 84001 500379 788 increase budget for project labor 6301 5532 74281 (13,726) reduce IT fixed services charges for project labor 6330 5080 84001 500237 4,872 increase budget for project labor 6330 5080 84001 500238 4,920 increase budget for project labor 6330 5080 84001 500371 507 increase budget for project labor 6330 5080 84001 500372 512 increase budget for project labor 6330 5080 84001 500373 796 increase budget for project labor 6330 5080 84001 500374 1,495 increase budget for project labor 6330 5080 84001 500379 624 increase budget for project labor 6511 5080 84001 500371 33 increase budget for project labor 6511 5080 84001 500372 34 increase budget for project labor 6511 5080 84001 500373 52 increase budget for project labor 6511 5080 84001 500374 98 increase budget for project labor 6511 5080 84001 500379 41 increase budget for project labor 6511 5532 62401 (258) reduce IT fixed services charges for project labor 6520 5080 84001 500237 399 increase budget for project labor 6520 5080 84001 500238 403 increase budget for project labor 6520 5080 84001 500371 33 increase budget for project labor 6520 5080 84001 500372 34 increase budget for project labor 6520 5080 84001 500373 52 increase budget for project labor 6520 5080 84001 500374 98 increase budget for project labor 6520 5080 84001 500379 41 increase budget for project labor 6520 5532 62440 (1,060) reduce IT fixed services charges for project labor 1001 5532 14001 (1,999) reduce IT fixed services charges for project labor 1001 5532 18001 (1,638) reduce IT fixed services charges for project labor 1001 5532 22001 (2,815) reduce IT fixed services charges for project labor 1001 5532 24001 (13,463) reduce IT fixed services charges for project labor 1001 5532 28001 (4,761) reduce IT fixed services charges for project labor 1001 5532 36001 (3,404) reduce IT fixed services charges for project labor 1001 5532 36020 (1,075) reduce IT fixed services charges for project labor 1001 5532 44001 (93,754) reduce IT fixed services charges for project labor 1001 5532 48001 (1,075) reduce IT fixed services charges for project labor 1001 5532 48020 (2,687) reduce IT fixed services charges for project labor 1001 5532 48030 (43,690) reduce IT fixed services charges for project labor 1001 5532 48040 (7,678) reduce IT fixed services charges for project labor 1001 5532 48050 (256) reduce IT fixed services charges for project labor 1001 5532 54001 (1,075) reduce IT fixed services charges for project labor 1001 5532 54101 (3,481) reduce IT fixed services charges for project labor 1001 5532 58001 (29,613) reduce IT fixed services charges for project labor 5/31/2024 page 3
Attachment to Budget Adjustment
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
1001 5532 58301 (5,759) reduce IT fixed services charges for project labor 1001 5532 62001 (921) reduce IT fixed services charges for project labor 1001 5532 62101 (4,326) reduce IT fixed services charges for project labor 1001 5532 62301 (3,123) reduce IT fixed services charges for project labor 1001 5532 62310 (1,331) reduce IT fixed services charges for project labor 1001 5532 62320 (3,558) reduce IT fixed services charges for project labor 1001 5532 62330 (793) reduce IT fixed services charges for project labor 1001 5532 62340 (537) reduce IT fixed services charges for project labor 1001 5532 66001 (1,792) reduce IT fixed services charges for project labor 1001 5532 66010 (2,943) reduce IT fixed services charges for project labor 1001 5532 66020 (8,088) reduce IT fixed services charges for project labor 1001 5532 66030 (1,612) reduce IT fixed services charges for project labor 1001 5532 66040 (2,687) reduce IT fixed services charges for project labor 1001 5532 66050 (6,015) reduce IT fixed services charges for project labor 1001 5540 14001 1,999 increase IT fixed services charges for project labor 1001 5540 18001 1,638 increase IT fixed services charges for project labor 1001 5540 22001 2,815 increase IT fixed services charges for project labor 1001 5540 24001 13,463 increase IT fixed services charges for project labor 1001 5540 28001 4,761 increase IT fixed services charges for project labor 1001 5540 36001 3,404 increase IT fixed services charges for project labor 1001 5540 36020 1,075 increase IT fixed services charges for project labor 1001 5540 44001 93,754 increase IT fixed services charges for project labor 1001 5540 48001 1,075 increase IT fixed services charges for project labor 1001 5540 48020 2,687 increase IT fixed services charges for project labor 1001 5540 48030 43,690 increase IT fixed services charges for project labor 1001 5540 48040 7,678 increase IT fixed services charges for project labor 1001 5540 48050 256 increase IT fixed services charges for project labor 1001 5540 54001 1,075 increase IT fixed services charges for project labor 1001 5540 54101 3,481 increase IT fixed services charges for project labor 1001 5540 58001 29,613 increase IT fixed services charges for project labor 1001 5540 58301 5,759 increase IT fixed services charges for project labor 1001 5540 62001 921 increase IT fixed services charges for project labor 1001 5540 62101 4,326 increase IT fixed services charges for project labor 1001 5540 62301 3,123 increase IT fixed services charges for project labor 1001 5540 62310 1,331 increase IT fixed services charges for project labor 1001 5540 62320 3,558 increase IT fixed services charges for project labor 1001 5540 62330 793 increase IT fixed services charges for project labor 1001 5540 62340 537 increase IT fixed services charges for project labor 1001 5540 66001 1,792 increase IT fixed services charges for project labor 1001 5540 66010 2,943 increase IT fixed services charges for project labor 1001 5540 66020 8,088 increase IT fixed services charges for project labor 1001 5540 66030 1,612 increase IT fixed services charges for project labor 1001 5540 66040 2,687 increase IT fixed services charges for project labor 1001 5540 66050 6,015 increase IT fixed services charges for project labor EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL (84,470)
5/31/2024 page 4
Attachment to Budget Adjustment
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
4101 4251 32101 (340,419) reduce IT ISF rate revenue for staff charges to projects 4105 4251 32101 255,949 increase IT ISF rate revenue for staff charges to projects 6511 4425 84001 500371 33 increase budget for project labor 6511 4425 84001 500372 34 increase budget for project labor 6511 4425 84001 500373 52 increase budget for project labor 6511 4425 84001 500374 98 increase budget for project labor 6511 4425 84001 500379 41 increase budget for project labor 6511 4425 62401 (258) decrease operating budget for project labor 6520 4425 84001 500237 399 increase budget for project labor 6520 4425 84001 500238 403 increase budget for project labor 6520 4425 84001 500371 33 increase budget for project labor 6520 4425 84001 500372 34 increase budget for project labor 6520 4425 84001 500373 52 increase budget for project labor 6520 4425 84001 500374 98 increase budget for project labor 6520 4425 84001 500379 41 increase budget for project labor 6520 4425 62440 (1,060) decrease operating budget for project labor REVENUES/TRANSFERS IN TOTAL (84,470)
NET ADJUSTMENT -
AVAILABLE RESOURCES
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
6101 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
13,508 increase Water Operations Fund Balance for project labor 6130 (13,508) decrease Water Rehabilitation Fund Balance for project labor 6201 18,988 increase Wastewater Operations Fund Balance for project labor 6230 (18,988) decrease Wastewater Rehabilitation Fund Balance for project labor 6301 13,726 increase Solid Waste Operations Fund Balance for project labor 6330 (13,726) decrease Solid Waste Rehab Fund Balance for project labor
FUND BALANCE TOTAL -
5/31/2024 page 5
REQUEST FOR BUDGET ADJUSTMENT
Updated 5/23/2024
REQUESTER NAME & TITLE: Nancy Rothlisberger, Budget Manager FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Natalya Lakhno, Budget Analyst COUNCIL DATE (if applicable): 06/19/24 DEPARTMENT/DIVISION: Finance/Budget ORDINANCE:
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2270 5570 84001 700028 (562,613) Reduce budget to close project 700028 2270 5570 84001 700032 (1,789,827) Reduce budget to cancel project 700029
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL (2,352,440)
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment
REVENUES/TRANSFERS IN TOTAL -
NET ADJUSTMENT (2,352,440)
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2270 3601 00000 000000 2,352,440 Increase available resources 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL 2,352,440
Justification for Budget Adjustment:
This $2,352,440 Budget Adjustment is requested to reduce expenditure budget to close project 700028 - Emergency Rental Assistance Program and cancel project 700032 - Emergency Rental Assistance Program - Round 2.
In early 2021, the United States Treasury Department established the Emergency Rental Assistance (ERA) program which made available $25 billion to assist renter households unable to pay rent and utilities due to the COVID -19 pandemic. Placer County applied for funding and received notice of an ERA grant on January 21, 2021. This funding assisted low-income households, at or below 80% of the area median income, who rent their homes but are unable to pay rent and/or utilities due to loss of income from the COVID-19 pandemic.
The Roseville Housing Division administered Placer County’s ERA program funding and assisted individuals renting and leasing units in the city limits of Roseville. The program allowed for rental and utility arrears to be paid in full from March of 2020 to December of 2021. All ERA funding, with some minor exceptions, was required to be used by December 31, 2021 and funding not expended was required to b e returned to Placer County. The total unspent funds of $2,352,440 were reimbursed back to Placer County on 4/18/2022.
REQUEST FOR BUDGET ADJUSTMENT
Updated 5/23/2024
REQUESTER NAME & TITLE: Nancy Rothlisberger, Budget Manager FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Natalya Lakhno, Budget Analyst COUNCIL DATE (if applicable): 06/19/24 DEPARTMENT/DIVISION: Finance/Budget ORDINANCE:
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 1001 6801 10001 390,446 Increase transfer to Golf Fund from General Fund 1020 6801 10001
390,446 Increase transfer to General Fund from Contributions by Developers Fund
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 780,892
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2594 4801 10001 390,446 Increase transfer to Golf Fund from General Fund 1001 4801 10001
390,446 Increase transfer to General Fund from Contributions by Developers Fund
REVENUES/TRANSFERS IN TOTAL 780,892
NET ADJUSTMENT -
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2594 3601 00000 000000 390,446 Increase available resources (Golf Fund) 1020 3601 00000 000000 (390,446) Decrease available resources (Contributions by Developers Fund)
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL -
Justification for Budget Adjustment:
Staff recommend increasing the transfer to the Golf Fund by $390,446 to fund purchasing obligations that carried over from FY2022-23 into FY2023-24 as well as capital improvements that were previously approved by the City Council. The transfer to the Golf Fund from the General Fund will be paid for by the Contributions by Developers Fund; therefore, this adjustment will not impact the General Fund.
COUNCIL COMMUNICATION
CC #:
3388
File #:
0800-02
Title:
America’s Water Infrastructure Act Recertification Project - Capital Improvement Project Approval, Professional Services Agreement and Budget Adjustment Contact:
Jason Marks 916-774-5508 [email protected]
Meeting Date: 6/19/2024
Item #: 7.32.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council:
1. Authorize establishment of a new Non-Capital Multi-Year Project – America’s Water Infrastructure Act Recertification Project; and
2. Adopt an ordinance to approve a budget adjustment appropriating $400,000 from the Water Rehabilitation Fund to fund the project; and
3. Adopt a resolution to a
pprove the professional services agreement for the America’s Water Infrastructure Act Recertification Project with Jacobs Engineering Group, Inc. in the amount of $220,669 and authorize the City Manager to execute it.
BACKGROUND
On October 23, 2018, Congress signed into law the American Water Infrastructure Act (AWIA) (S.3021, Law 115-270). Per Section 2013 of Title II, the AWIA requires utilities to conduct a Risk and Resilience Assessment (RRA) of their community water systems and develop a corresponding Emergency Response Plan (ERP). As a result, this AWIA Recertification Project has been initiated to ensure that the Water Utility fulfills the requirements of the law.
Once the AWIA was signed into law, the City used the preliminary guidelines provided in 2019 to conduct the initial RRA and develop the ERP.
The RRA and the ERP were submitted on March 27, 2020 and September 4, 2020, respectively, by the Water Utility to the EPA, in compliance with the federal mandate. This law also requires water utilities recertify these documents five years after their creation. Certification deadlines are staggered and based on population served. Given the City serves a population greater than 100,000, the City is obligated by this law to submit the RRA and ERP recertification by March 31, 2025 and September 31, 2025, respectively.
Given that the Jacobs Engineering Group, Inc., (Jacobs) conducted the initial RRA and ERP, engaging Jacobs to complete the AWIA Recertification Project will allow the Environmental Utilities Department to leverage all the knowledge Jacobs already developed of the City Water Utility's facilities, systems and operations. By leveraging that experience, Jacobs is best suited to deliver this work in a timely manner to meet the strict deadlines laid out by the federal mandate.
FISCAL IMPACT
The professional services agreement with Jacobs is for a not-to-exceed total of $220,669.
The
requested budget adjustment of $400,000 includes initiation of the project, funds for the Professional Services Agreement to fully cover the cost of the recertification project, and approximately $179,331 for the projected cost of internal project labor and expenses for the recertification process, as well as additional table top training exercises for emergency response, which are part of the project scope of work and factored into the project expenses. The Project is funded by the Water Rehabilitation Fund, which has adequate resources to fund the requested budget adjustment.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Jason Marks, Process Engineer
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-206
Signed PSA
Ordinance 6824
RESOLUTION NO. 24-206
APPROVING A PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND JACOBS ENGINEERING GROUP, INC., AND AUTHORIZING
THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a professional services agreement for the preparation of an America’s Water Infrastructure Act Risk and Resilience Assessment and Emergency Response Plan, by and between the City of Roseville and Jacobs Engineering Group, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said professional services agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024]
PROFESSIONAL SERVICES AGREEMENT
Project: Risk and Resilience Assessment and Emergency Response Plan THIS AGREEMENT is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and Jacobs Engineering Group Inc., a Delaware corporation (“CONSULTANT”); and W I T N E S S E T H:
WHEREAS, CITY desires professional services consisting of the preparation of an America’s Water Infrastructure Act Risk and Resilience Assessment and an Emergency Response Plan; and
WHEREAS, CONSULTANT has prepared a proposal dated April 19, 2024, which describes the scope of work to be performed by CONSULTANT, the budget for the work, and the schedule for performance of the work; and
WHEREAS, CONSULTANT is qualified and experienced to provide such professional services.
N
OW, THEREFORE, the parties agree as follows:
1. S ervices. CONSULTANT shall perform, at the direction of CITY, the scope of services as described in EXHIBIT “A,” attached hereto and incorporated herein by this reference.
2. C ompensation. For its services provided hereunder, CONSULTANT shall be compensated on a time and expense basis in accordance with the budget estimate as described in [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024] 2 EXHIBIT “B,” attached hereto and incorporated herein by this reference. Total compensation shall not exceed two hundred twenty thousand, six hundred sixty-nine dollars ($220,669).
CONSULTANT shall submit one monthly invoice for its services. Such invoices shall be delineated by task, the person performing the services, and the hourly rate, which shall be stated in time increments of not greater than one tenth (1/10) hours. CITY shall pay invoices within thirty (30) days after receipt, if the services specified in the invoice have been satisfactorily completed.
3. Indemnification. To the fullest extent allowed by law, CONSULTANT 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 CONSULTANT's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from CITY's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.
CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONSULTANT’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 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024] 3 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.
4. Insurance. CONSULTANT agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.
COVERAGE LIMITS OF LIABILITY
Workers’ Compensation Statutory
Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability $1,000,000 combined single limit
Professional Liability (errors and $1,000,000 per claim omissions) $2,000,000 aggregate
a. Form. CONSULTANT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. CONSULTANT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of CONSULTANT. The additional insured coverage under the CONSULTANT’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024] 4 additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. The requirements for coverage and limits shall be the coverage and limits specified in this Agreement.
c. Cancellation/Modification. CONSULTANT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. Subcontractors. CONSULTANT 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, CONSULTANT shall require its subcontractors to agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Additionally, CONSULTANT shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
f. Self-Insured Retentions. All self-insured retentions (“SIR”) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024] 5 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
g. Waiver of Subrogation. CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from CONSULTANT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by CONSULTANT, its employees, agents and subcontractors.
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT 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.
5. Records. CONSULTANT and its subcontractors shall maintain all files and records relating to the services performed hereunder during the term of this Agreement and for a period of not less than one (1) year after the date of termination or expiration. Provided, however, that in the event of litigation or settlement of claims arising from the performance of this Agreement, CONSULTANT and its subcontractors shall maintain all files and records until such litigation, appeals or claims are resolved. Duly authorized representatives of CITY shall have right of access during normal business hours and after reasonable notice to CONSULTANT’s and subcontractors’ files and records relating to the services performed [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024] 6 hereunder and may review and copy the files and records at appropriate stages during performance of the services and during the one (1) year period following termination or expiration of this Agreement. CONSULTANT shall include this provision in its contracts with all subcontractors.
6. Time is of the Essence. Time is of the essence of this Agreement.
7. Prevailing Wages. When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONSULTANT shall forfeit as a penalty to the City two hundred dollars ($200) for each calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-site under the Agreement by CONSULTANT or by any subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by CONSULTANT or the applicable subcontractor.
Pursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These wage rates [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024] 7 may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to Labor Code Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSULTANT at a prominent place at the work site. Prevailing wage rates to be posted at the work site will be furnished by the contracting department. The possibility of wage increases is one of the elements to be considered by CONSULTANT in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY or the Agreement.
8. Compliance with Laws. CONSULTANT shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.
9. Ability to Perform. CONSULTANT agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement.
10. Public Contracts: Conflicts of Interest. CONSULTANT’s duties and services under this Agreement shall not include preparing or assisting CITY with any portion of the CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024] 8 conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Agreement.
11. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern.
12. Assignment. CONSULTANT is employed to perform unique personal services.
CONSULTANT shall not assign this Agreement without the prior written consent of CITY.
CONSULTANT shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY.
13. Independent Contractor. CONSULTANT, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONSULTANT actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public as available to provide the same or similar services; (h) CONSULTANT provides its own tools, [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024] 9 vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY’s on- call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
14. Representations and Warranties. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
15. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
16. Copyright, Ownership and Use of Materials. All tangible material (“Material”) created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire, CONSULTANT hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by CONSULTANT in its performance under this Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024] 10 maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by CONSULTANT is, and shall remain, the property of CITY.
CONSULTANT shall execute any documents necessary to effectuate such assignment.
In the event that CONSULTANT uses, employs, designates, or retains any person or entity who is not an employee of CONSULTANT, to perform any work required of it pursuant to this Agreement, CONSULTANT shall require said person or entity to execute an agreement containing the preceding paragraph.
17. Termination of Agreement. The City may terminate this Agreement without cause by giving CONSULTANT ten (10) days advance written notice from the City Manager.
CONSULTANT may terminate this Agreement without cause by giving CITY thirty (30) days advance written notice. In the event of termination through no fault of CONSULTANT, CITY shall compensate CONSULTANT for services performed as of the date of termination, upon the release to CITY of all Material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any Material, notwithstanding any termination or any dispute regarding the amount to be paid.
18. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024] 11 1 9. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties. 20 . Severability. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole. 2 1. Notices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:
C ITY OF ROSEVILLE CONSULTANT
J
ason Marks, PE Alyssa Smith, PE
Process Engineer Civil Engineer/Project Manager
2005 Hilltop Circle 2485 Natomas Park Drive, Suite 600
Roseville, CA 95747 Sacramento, CA 95833
E
ither party may amend its address for notice by giving notice to the other party in writing. 2 2. Integrated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
I
N WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. ______, adopted by the Council of the City of Roseville on the ___ day of ____________, 20__, and CONSULTANT has caused this Agreement to be executed.
(
SIGNATURES ON NEXT PAGE)
CITY OF ROSEVILW,A
municipal corporation
JACOBS ENGINEERING GROI'P INC.N A
Delaware corporation
BY:
BY:
DOMINICK CASEY
City Manager
ATTEST:
CARMENAVALOS
City Clerk
APPROVED AS TO FORM:
BY:
MICIIELLE SIIEIDENBERGER
City Attorney
APPROVED AS TO SUBSTA}ICE:
BY:
RICHARD PLECKER
Environmental Utilities Director
t2
fl\Roccneatooeoad&\ClTYATTORNEhCYCOTd\WPDOCS\D023\Pffi5\0$87066.DoC.){.t1fBnl*l Sean Bigley for Richard Plecker
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024]
EXHIBIT “A”
Scope of Work - City of Roseville Risk & Resilience Assessment and Emergency Response Plan
1 Scope of Work - City of Roseville Risk & Resilience
Assessment and Emergency Response Plan
Organization
This scope of work is organized into the tasks belo w. Each contains a description of the work organize d into subtasks followed by a consolidated list of th e associated meetings, travel, deliverables, City involvement, and other assumptions for the entire t ask. This scope of work forms the basis of the atta ched level of effort and budget.
The budget for Jacobs services as described in this scope of work is presented in the accompanying cos t estimate table (Attachment 1). The task-specific am ounts indicated in the table are provided to illust rate the budget development for the contract and do not provide task-specific not-to-exceed (NTE) amounts.
Jacobs will instead be responsible for managing the project as a whole to not exceed the contract tota l amount. Compensation for Jacobs services will be on a time-and-materials NTE basis, in accordance with the rate schedule in Attachment 2.
This scope outlines the preparation for the City of Roseville (hereinafter “the City”) water system: a Risk and Resilience Assessment (RRA) and an Emergency Re sponse Plan (ERP). These two documents are central to complying with the requirements of the A merica’s Water Infrastructure Act 2018 §2013 (AWIA). Jacobs will provide the City with an update d and completed RRA and ERP as described in this scope for the City to submit certification in accor dance with the AWIA requirements for large (>100,00 0 served) water utilities.
Common to all the tasks below is that Jacobs will c ontinuously check in with the USEPA for any AWIA requirement changes and/or updates, and shall communicate updated information to the City’s project manager and subsequently utilize the inform ation within the RRA and ERP development and documents.
The work associated with this contract is provided in the following tasks:
• Task 1 - Project Management (applies to the entire scope of work) •
Tasks 2-4 - America’s Water Infrastructure Act of 2 018 (AWIA) Scope of Services • Task 5 - Emergency Response Plan Training and Exerc ise for Staff Task 1 – Project Management
Jacobs will perform project management activities throughout this project to ensure that the Jacobs te am adheres to its scope, schedule, and budget obligations to the City. Project management consists of the following subtasks.
1.1 Project Setup
The Jacobs team will prepare a project execution pl an for its team members referenced throughout the project. The plan will be based on this scope of wo rk and will also contain information internal to th e Jacobs project team, such as rules regarding labor and expense charging, internal work product quality assurance steps, and Jacobs team roles and responsi bilities. This plan is internal to Jacobs to support the delivery of this project. A Health and Safety Plan will also be prepared and available for all Jacobs staff to utilize as a resource throughout the project life.
Scope of Work - City of Roseville Risk & Resilience Assessment and Emergency Response Plan
2 1.2 City and Jacobs Team Coordination
This subtask consists of Jacobs’ communications wit h the City on scope, schedule, and budget matters throughout the project. This task includes monthly progress meetings with City staff, as well as ongoi ng communication between Jacobs’ project manager, task leads, and support team members to coordinate activities among tasks and minimize rework or overl ap. These are in addition to and different from coordination activities indicated within the techni cal tasks of this scope of work.
1.3 Scope, Schedule, and Budget Management
This subtask includes Jacobs management of the proj ect scope, schedule, and budget performance throughout the project. This will be led by Jacobs’ project manager with support from task leads and project controls staff.
This includes monthly invoices and status reports p rovided by the Jacobs PM to the City.
Meetings
• 1-hour monthly progress conference calls with City staff and up to 2 Jacobs staff for the duration of the project
Deliverables
• Meeting agendas
• Brief email summaries of key decisions and action i tems from coordination efforts with City • Monthly status reports and invoices
City Involvement
• Participate in informal communications throughout t he project • Project manager prepares for, participates in, and follow-ups from each monthly progress meeting AWIA Scope of Services
The AWIA scope of services, which consists of Tasks 2 – 4, provides for the update of the Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP) for the City’s water system in compliance with the AWIA, as well as Task 5 for ERP Training and Exercise.
Task 2 – Data Collection and Review
This task will enable the Jacobs team to review Cit y documents related to the RRA and ERP updates.
Subtask 2.1 - Data Collection and Review
Jacobs will prepare a list of documents and other m aterials needed of a standard risk or vulnerability assessment and emergency response plan for the City to review and respond to, based on typical items such as previous RRAs and ERPs, as well as addition al items per the AWIA’s emphasis on source water, cybersecurity, financial infrastructure security, chemical storage/handling, and operations and maintenance.
Jacobs will also update the preliminary lists of cr itical assets and threats/hazards for the RRA.
Deliverables
• Document request list
Scope of Work - City of Roseville Risk & Resilience Assessment and Emergency Response Plan
3 City Involvement
• Respond to document request list submitted by Jacob s and supply documents Other Assumptions
• The City will provide documents via secure file-sha ring site or other means to Jacobs • Based on the document request list and conversation s with Jacobs staff, City will provide all documents necessary for the RRA and ERP update duri ng this task Task 3 – Risk and Resilience Assessment (RRA) Recertification for the Water System This task is for the update of the RRA per AWIA req uirements.
Subtask 3.1 – Kickoff Meeting and Asset and Threat Characterization Verification The Jacobs team will plan and schedule a kickoff meeting to initiate the project team, review the scope of services, and confirm expectations for the project. During this meeting Jacobs will review the 2020 RRA to see if there are any updates to the asset and threat characterizations documented in the existing RRA. The team will conduct a three-hour kickoff meeting with City stakeholders.
Subtask 3.1.2 - Site Visits and Interviews
The Jacobs team will conduct site visits and interv iews to gain additional knowledge of the City’s cri tical water system assets, operations, physical security, security practices, and related topics. Jacobs’ ac tivities associated with this will be:
• Developing an agenda for site visit and interview d ays for City review and scheduling of escorts and interviewees; finalizing agenda
• Customizing Jacobs’ standard RRA site visit checkli sts and interview guides, if needed, based on Task 2 and/or updated RRA guidance made available by USEPA or others by this point in the project • Leading site visits and interviews
• Preparing internal notes and organizing photographs following on-site activities Subtask 3.2 – Consequence, Vulnerability, and Threat Analyses and Risk Management Workshop/Findings Meeting
Based on the AWWA J100-21 Risk and Resilience Manag ement of Water and Wastewater Systems methodology, Jacobs will update the J100 risk excel sheet and any utility-wide recommendations, if warranted. In this subtask, Jacobs will process the information gathered in the previous tasks and subtasks to perform the next three steps of the RRA (consequence, vulnerability, and threat analyses). Jacobs will present the updated J100 worksheet to the City in a findings workshop and along with draft recommendations of the Risk and Resilience Assessme nt.
Jacobs will process the results of the consequence, vulnerability, and threat analyses through the fin al two steps of the risk analysis process: risk and resili ence analysis and management, including an update o f risk reduction recommendations, as appropriate. Jacobs w ill conduct the following activities in this subtas k:
• Preparing relative risk results per asset-threat pa ir based on outcome of previous subtasks • Updating risk reduction recommendations, as appropr iate, per the risk results and industry standards.
For each risk reduction recommendation, a Class 5 c ost estimate will be developed in accordance with the American Association of Cost Engineers Internat ional standards. Jacobs team will share risk analysis results with the City during the analysis period to receive feedback on draft recommendations .
Scope of Work - City of Roseville Risk & Resilience Assessment and Emergency Response Plan
4 • Preparing materials for, leading, and following up on a workshop with the City team to review the risk results and draft recommendations
Subtask 3.3 – Draft RRA
In this subtask, Jacobs will update the RRA, based on the results of the previous tasks and subtasks. Jacobs will perform the following in this subtask:
• Preparing a draft RRA and submitting to the City fo r review • Meeting with City team to discuss comments
Subtask 3.4 – Final RRA
In this subtask, Jacobs will review and incorporate the City’s consolidated comments on the draft RRA and finalize. This subtask will consist of the followin g activities by Jacobs:
• Review of the City’s RRA comments and get clarifica tion on comments, if needed • Finalization of the RRA
• Submittal of the final RRA to the City
Meetings
• Kickoff meeting and Asset-Threat Workshop up to 3-h ours to discuss the RRA hosted on site at the City with up to 4 Jacobs staff (Subtask 3.1)
• One half day of interviews by three (3) Jacobs team members (Subtask 3.1.2), followed by one half day of site visits by three (3) Jacobs team members (Subtask 3.1.2) • J100 Risk Review Findings Meeting held virtually (S ubtask 3.2) • Draft RRA review meeting held virtually (Subtask 3. 3) • Brief/individual phone meeting, if needed, to clari fy final comments (Subtask 3.4) Jacobs Travel
• Project Manager for the Kickoff Meeting/Asset-Threa t Workshop; 1 day • RRA task lead for Kickoff Meeting/Asset-Threat Work shop and site visits; 3 days • RRA technologist for Kickoff Meeting/Asset-Threat W orkshop and site visits; 3 days Deliverables
• Draft and final Kickoff Meeting/Asset-Threat Worksh op agenda (Subtask 3.1) • Kickoff Meeting/Asset-Threat Workshop summary and r elated materials (Subtask 3.1) • Draft and final interview agenda and guides, includ ing specifying City water system functions to be represented (Subtask 3.1.2)
• Draft and final site visit agenda and checklist, in cluding specifying City water system functions to b e represented (Subtask 3.1.2)
• Draft and final J100 Risk Review Findings Meeting a genda (Subtask 3.2) • J100 Risk Review Findings Meeting summary and relat ed materials (Subtask 3.2) • Draft RRA (Subtask 3.3)
• Final RRA (Subtask 3.4)
Scope of Work - City of Roseville Risk & Resilience Assessment and Emergency Response Plan
5 City Involvement
• Host interviews and handle City side of interview l ogistics, including arranging for participation by staff representing key City water system functions as ide ntified by Jacobs • Participate in the meetings and workshops
• Review draft deliverables and provide Jacobs with o ne set of consolidated/adjudicated comments Other Assumptions
• City will provide knowledgeable staff to escort sit e visit teams to selected facilities/assets • City will provide meeting spaces as needed for inte rviews, meetings, workshops, and site visit debriefings
• Site visits will not require confined space entry, vertical ladder climbing needing fall protection, or other areas requiring special training
• Cost estimates for recommended security improvement s are based on current material pricing available and are subject to change depending on su pplier and vendor • City will provide comments in a timely manner (appr oximately 2 weeks after draft submittal) to Jacobs • Electronic deliverables will be provided to City vi a email or FTP site, as requested • Deliverables in this subtask will be provided elect ronically unless otherwise specified • Jacobs will produce one (1) hard copy of the final RRA • Per the City’s schedule needs and the AWIA deadline s, the final RRA will be submitted to the City by January 31, 2025
• The City will submit the final certification to the USEPA by March 15, 2025 Task 4 – Emergency Response Plan (ERP) Recertification for the Water System Jacobs will update the City’s water system ERP in Task 4, per industry standards for ERPs and in compliance with AWIA requirements. Specifically, the ERP will incorporate the results of the RRA and follow curre nt guidelines associated with National Incident Manage ment System (NIMS) standards, the National Response Framework (NRF), the USEPA, Federal Emergency Management Agency (FEMA), and Department of Homeland Security (DHS).
Subtask 4.1 – ERP Workshop and Interviews
In this subtask, Jacobs will conduct on-site activities to gain additional input regarding the City’s emergency preparedness (i.e., beyond that gathered from the Task 2 document review) to support updating the ERP. Jacobs’ activities during this subtask will consist of:
• Preparing for, leading, and following up on a three -hour workshop with the City project team and/or designated stakeholders to review the current water system ERP and discuss content of the new ERP • Identifying needed internal and external interviewe es to obtain additional information and insights to update the plan. These are expected to include City emergency management team members, Placer County emergency management representatives, and/or others. • Preparing for, conducting, and following up for 2 days of interviews and information-gathering at City and external agency offices
Scope of Work - City of Roseville Risk & Resilience Assessment and Emergency Response Plan
6 Subtask 4.2 – Draft ERP
In this subtask, Jacobs will update the draft ERP b ased on the results of Task 3 and Task 4.1 and enga ge the City for review and input at key points in the process. The ERP will be updated based on the NIMS/SEMS/ICS framework and will reflect the result s of the RRA report as required by AWIA.
The ERP will include the following:
• Verification of the Incident Management Team and id entification of responsibilities for each team member including participation in a regional Unifie d Command structure during a sustained event involving the utility
• Verification of the Emergency Operations Center (EO C) with essential components • Confirmation of procedures for internal and externa l notification and crisis communications, including emergency contact information
• Update of training guidelines to conduct emergency response training for staff • Preparation of guidelines for distribution, revisio n, and updates of the ERP This subtask will consist of Jacobs performing the following activities:
• Developing a draft ERP based on the above activitie s and sharing this draft with the City team for review and input
• Conducting a one-hour virtual meeting with the City project team to review and receive comments on the draft
Subtask 4.3 – Final ERP
In this subtask, Jacobs will review and incorporate the City’s consolidated comments on the draft ERP and finalize the document. This subtask will consist of the following activities by Jacobs:
• Review of the City’s final set of ERP comments and get clarification on comments, if needed • Finalization of the ERP
• Submittal of the final ERP to the City
Meetings
• 2-hour ERP workshop during the two-days of intervie ws with City and external agencies and information gathering with up to 3 Jacobs staff (Su btask 4.1) • Draft ERP review meeting held virtually (Subtask 4.2) • Brief/individual phone meeting, if needed, to clari fy final comments (Subtask 4.3) Jacobs Travel
• Project Manager; 3 days
• ERP task lead; 3 days
• ERP team member; 3 days
Deliverables
• Draft and final workshop agenda (Subtask 4.1)
• Draft and final interview agenda and guides, includ ing list of internal and external agencies to be interviewed (Subtask 4.1)
Scope of Work - City of Roseville Risk & Resilience Assessment and Emergency Response Plan
7 • Draft ERP (Subtask 4.2)
• Final ERP (Subtask 4.3)
City Involvement
• Host workshop and handle City side of workshop and interview logistics, including arranging for participation by staff and external agencies repres enting key emergency management roles as identified by Jacobs
• Participate in the meetings and workshops
• Review draft deliverables and provide Jacobs with a single set of consolidated/adjudicated comments Other Assumptions
• City will provide meeting spaces as needed for inte rviews, meetings, workshops, and site visit debriefings
• City will provide comments in a timely manner (appr oximately 2 weeks after draft submittal) to Jacobs • Electronic deliverables will be provided to City vi a email or an FTP site, as requested • Deliverables in this subtask will be provided elect ronically unless otherwise specified • Jacobs will produce up to twelve (12) hard copies o f the final ERP for use by the City • Per the City’s schedule needs and the AWIA deadline s, the final ERP will be submitted to the City by July 31, 2025
• The City will submit the ERP certification to the U SEPA by September 15, 2025 Task 5 – Emergency Response Plan (ERP) Training and Exercise Subtask 5.1 – ERP Training Sessions
Jacobs will provide two (2) different ERP training sessions for City personnel who have roles and responsibilities associated with emergency response . The ERP training sessions will consist of the fol lowing components:
• Introduction and overview of ERP contents
• An overview of the National Incident Management Sys tem (NIMS) and Incident Command System (ICS) Command and General Staff positions and their roles within the utility Incident Management Team (IMT)
• Activity and action role-playing that demonstrates the ICS • City’s response framework, the IMT, Emergency Actio n Levels (EALs), Emergency Action Plans (EAPs), emergency procedures, and personnel actions
• ERP communication protocols
The Jacobs’s team will develop training materials i ncluding a PowerPoint presentation. It is anticipated that each training session will be approximately 4 hours in duration.
Subtask 5.2 – ERP Exercise Design
Jacobs will design two independent Tabletop Exercis es in close cooperation with the City’s planning te am to involve a scenario that trigger response activit ies by City personnel within the framework of their ERP, SOPs, and other relevant documentation and plans. J acobs will develop, present, and evaluate two Tabletop Exercises based on pre-identified scenario s. Materials to be developed by Jacobs for the
Scope of Work - City of Roseville Risk & Resilience Assessment and Emergency Response Plan
8 Tabletop Exercises are a PowerPoint presentation to lead the scenarios and discussions, with one After- Action Report (AAR).
Subtask 5.3 – Exercise Facilitation and Delivery
This task includes preparation and facilitation of the tabletop exercises designed in Subtask 5.2 and hot wash discussions. The Jacobs team will prepare a br ief (one- to two-page) after-action report summary that documents any lessons learned regarding partic ipant readiness for the following courses or other classroom events that would be applicable to upcomi ng courses.
Deliverables
• Draft and final ERP training materials
• Draft and final PowerPoint Presentation for the Tab letop Exercises • After-Action Report Summary compiling the lessons l earned from the Hot-Wash discussion sessions Meetings
• Two ERP training sessions
• Two Tabletop Exercises
Jacobs Travel
• ERP task lead; 4 days
• ERP team member; 4 days
Assumptions
• Deliverables in this subtask will be provided elect ronically • The City will identify personnel to participate in training sessions and coordinate with the Jacobs’s team regarding ERP training sessions schedule, part icipants, and logistical needs • It is assumed that the City will provide a training room with sufficient seating and audio-visual equipment for each training session
• The City will provide hard copies of the ERP binder s for the training session for participants • The City participants will take ICS 100 and 200 on- line classes, which consists of self-paced training , prior to ERP training conducted by Jacobs
• The City will take the lead on all logistics regard ing participants’ attendance at the tabletop exerci ses, including invitations, resolving scheduling conflic ts and providing facilities with multimedia capabilities.
• Training sessions will be scheduled on successive d ays in multi-day blocks for time and cost efficienc y [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D023\P005\00087066.DOCX;05/23/2024]
EXHIBIT “B”
City of Roseville
2025 RRA/ERP Update
Attachment 1 - Cost Estimate
Alyssa Smith - Sr Project
Manager
Jason Junkert
-
Sr Pri
ncipal-in-C
harge
Juliana Gomez-Or
tega -
Senior Technologist (RRA Lead) Megan Ellis - Principal Technol ogist (ERP Lead)
Vijay Kesa
van -
Project
Engineer II (ERP Support)
Prattyus
ha R
eddy -
Project
Engineer II (RRA Support)
Randy L
ynn -
Cost Estimator Project
Controls/H&S/
Technical Editor
$263 $294 $263 $283 $199 $199 $283 $125 Total Labor plus Expenses
Task Task Description (hours) ($) Travel
Expenses
Other
Expenses
Total
Expenses ($)
1 Project Management
1.1 Project Setup 8 - - - - - - 8 16 $3,104 - - $0 $3,104
1.2 City and Jacobs Team Coordination 20 2 10 10 - - - 8 50 $12,308 - - $0 $12,308
1.3 Scope, Schedule, and Budget Management 20 - - - - - - 8 28 $6,260 - - $0 $6,260 48 2 10 10 0 0 0 24 94 $21,672 $0 $0 $0 $21,672
2 Data Collection and Review
2.1 Data Request/Document Review 8 - 8 8 4 4 - - 32 $8,064 - - $0 $8,064 8 0 8 8 4 4 0 0 32 $8,064 $0 $0 $0 $8,064
3 Risk and Resilience Analysis (RRA) Recertification for the Water System
3.1 Kickoff Meeting/Asset and Threat Characterization Verification $24,345 Kickoff/Asset and Threat Characterization Meeting 4 - 8 - 8 8 - - 28 $6,340 - - $0 $6,340
3.1.2 Site Visits and Interviews 20 - 20 - - 20 - - 60 $14,500 $3,480 $25 $3,505 $18,005
3.2 Consequence, Vulnerability, and Threat Analyses and Risk Management Workshop/Findings Meeting $20,284
Consequence, Vulnerability, and Threat Analyses 10 2 20 - - 20 - - 52 $12,458 - - $0 $12,458 Risk Management Workshop/Findings Meeting 4 - 4 - - 6 16 - 30 $7,826 - - $0 $7,826
3.3 Draft RRA $16,732
Draft RRA Development 2 - 10 - - 24 - 24 60 $10,932 - - $0 $10,932 Review Meeting 8 - 8 - - 8 - - 24 $5,800 - - $0 $5,800
3.4 Final RRA $9,469
Address Comments 2 - 8 - - 8 - - 18 $4,222 - - $0 $4,222 Final RRA 2 - 8 - - 8 - 8 26 $5,222 - $25 $25 $5,247
52 2 86 0 8 102 16 32 298 $67,300 $3,480 $50 $3,530 $70,830 4 Emergency Response Plan (ERP) for the Water System
4.1 ERP Workshop and Interviews $25,603
Preparation/Document Review 4 - - 8 6 - - - 18 $4,510 - - $0 $4,510 ERP Workshop and Interviews 20 - - 24 24 - - - 68 $16,828 $4,240 $25 $4,265 $21,093
4.2 Draft ERP $19,166
Draft ERP Development - 2 - 24 16 - - 24 66 $13,564 - - $0 $13,564 Review Meeting 6 - - 10 6 - - - 22 $5,602 - - $0 $5,602
4.3 Final ERP $11,682
Address Comments 4 - - 10 8 - - - 22 $5,474 - - $0 $5,474 Final ERP 4 - - 8 8 - - 8 28 $5,908 - $300 $300 $6,208
38 2 0 84 68 0 0 32 224 $51,886 $4,240 $325 $4,565 $56,451 Labor Expenses
Hours
Task 1 Subtotal
Task 4 Subtotal
Task 2 Subtotal
Task 3 Subtotal
Roseville2025RRA-ERP_CostEstimate 1/2 4/4/2024 1:00 PM City of Roseville
2025 RRA/ERP Update
Attachment 1 - Cost Estimate
Alyssa Smith - Sr Project
Manager
Jason Junkert
-
Sr Pri
ncipal-in-C
harge
Juliana Gomez-Or
tega -
Senior Technologist (RRA Lead) Megan Ellis - Principal Technol ogist (ERP Lead)
Vijay Kesa
van -
Project
Engineer II (ERP Support)
Prattyus
ha R
eddy -
Project
Engineer II (RRA Support)
Randy L
ynn -
Cost Estimator Project
Controls/H&S/
Technical Editor
$263 $294 $263 $283 $199 $199 $283 $125 Total Labor plus Expenses
Task Task Description (hours) ($) Travel
Expenses
Other
Expenses
Total
Expenses ($)
Labor Expenses
Hours
5 ERP Training and Exercise
5.1 ERP Training Sessions $20,498
Training Material Development 6 - - 16 10 - - - 32 $8,096 - - $0 $8,096 Training Sessions - - 16 16 - - - 32 $7,712 $4,240 $450 $4,690 $12,402
5.2 ERP Exercise Design $19,632
Exercise Development 16 - - 32 32 - - - 80 $19,632 - - $0 $19,632
5.3 Exercise Facilitation and Delivery $23,522
Exercise - - - 32 32 - - - 64 $15,424 - $50 $50 $15,474 After-Action Report - - - 20 12 - - - 32 $8,048 - - $0 $8,048 22 0 0 116 102 0 0 0 240 $58,912 $4,240 $500 $4,740 $63,652 TOTAL 168 6 104 218 182 106 16 88 888 $207,834 $11,960 $875 $12, 835 $220,669 Total Labor $207,834
Total Expenses $12,835
Grand Total (Tasks 1-5) $220,669
Summary
Task 5 Subtotal
Roseville2025RRA-ERP_CostEstimate 2/2 4/4/2024 1:00 PM Attachment 2: RATE SCHEDULE
Labor Classification 2024
Labor Rates*
SR Principal in Charge $294
Principal Technologist/Cost Estimator $283
Sr Project Manager/Sr Technologist $263
Project Engineer 2 $199
Project Controls/Office/Clerical $125
Notes:
* Rates will not escalate over the span of the project
4/4/2024
ORDINANCE NO. 6824
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24
BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1 . The City of Roseville Annual Budget, Fiscal Year 2023 -24, is hereby amended as listed on the attached budget adjustment for the America's Water Infrastructure Act Recertification project.
SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.
SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
EXPENDITURES/EXPENSES/TRANSFERS OUT
REQUEST FOR BUDGET ADJUSTMENT
Updated 12/1/2023
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment
6130
5080
84001
500519
75,000 To establish internal labor budget for America's Water Infrastructure Act Recertification project (500519)
6130
5301
84001
500519
325,000
To establish professional services budget for America's Water Infrastructure Act Recertification project (500519)
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 400,000
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment
REVENUES/TRANSFERS IN TOTAL -
NET ADJUSTMENT 400,000
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 6130 3601 00000 000000 (400,000) Reduce available resources in the Water Rehabilitation Fund (6130)
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL (400,000)
Justification for Budget Adjustment:
Staff recommends that Council authorize the establishment of a new Non-Capital Multi-Year Project – America’s Water Infrastructure Act Recertification Project (the "Project"), and adopt an ordinance to approve a budget adjustment appropriating $400,000 in the Water Rehabilitation Fund (6130) to the Project for America's Water Infrastructure Act (AWIA), which requires utilities to conduct a Risk and Resilience Assessment of their community water systems and development of a corresponding Emergency Response Plan. Every five years, the Water Utility must review the risk and resilience assessment and adjust if needed, and then recertify the assessment with the Environmental Protection Agency. This recertification will be due in late 2025.
REQUESTER NAME & TITLE: Jason Marks, Process Engineer FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Linda York, EU Business Analyst COUNCIL DATE (if applicable): 05/15/24 DEPARTMENT/DIVISION: EU Technical Services ORDINANCE:
COUNCIL COMMUNICATION
CC #:
3386
File #:
0203-07 & 0201-01
Title:
Vehicle Purchase - Budget Adjustment
Contact:
Brian Castelluccio 916-746-1755 [email protected]
Meeting Date: 6/19/2024
Item #: 7.33.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt an ordinance to approve a budget adjustment in the amount of $43,000 for the purchase of a new Ford Transit van replacement vehicle.
BACKGROUND
A Parks, Recreation & Libraries Department vehicle (#22-266) was damaged beyond repair in an accident. There are insufficient funds in the Fleet Replacement Fund accumulated for this vehicle to support the purchase of a replacement vehicle. This vehicle is essential for the daily activities of the Park Operations team. The Parks, Recreation & Libraries Department recommends a budget adjustment in the amount of $43,000 to cover the shortage of fleet replacement funds.
FISCAL IMPACT
The total cost for one (1) Ford Transit van, including options, delivery, vehicle prep by Fleet Services and sales tax, is $50,000. Funding is from the Fleet Replacement Fund (estimated $7,000) and the existing FY2023-24 Parks, Recreation & Libraries Department budget in the General Fund ($43,000). There is no net impact to the General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The purchase of equipment meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A – Remain fiscally responsible in a changing world.
Goal E – Deliver exceptional city services.
Goal F – Invest in well-planned infrastructure and growth.
Respectfully Submitted,
Brian Castelluccio, Parks, Recreation & Libraries Manager Jill Geller, Director of Parks, Recreation & Libraries
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Ordinance 6823
ORDINANCE NO. 6823
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24
BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1 . The City of Roseville Annual Budget, Fiscal Year 2023 -24, is hereby amended as listed on the attached budget adjustment for the purchase of a new Ford Transit van replacement vehicle.
SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.
SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
EXPENDITURES/EXPENSES/TRANSFERS OUT
REQUEST FOR BUDGET ADJUSTMENT
Updated 12/1/2023
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment
4005
6552
62601
43,000
Establish expenditure budget (capital outlay - vehicles) in the Fleet Replacement Fund for additional costs to
replace vehicle #22-266
1001
5516
58110
43,000 Establish expenditure budget (automotive - vehicle shortage) for increased costs to replace vehicle #22-266 1001 5421 58110
(43,000) Decrease Parks Maintenance budget to fund additional vehicle replacement costs
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 43,000
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment
4005
4254
62601
43,000
Establish revenue budget (internal service charges -
vehicle shortage) in the Fleet Replacement Fund for the increased cost of vehicle replacement
REVENUES/TRANSFERS IN TOTAL 43,000
NET ADJUSTMENT -
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL -
Justification for Budget Adjustment:
The Parks, Recreation & Libraries Department requests this $43,000 budget adjustment to cover the shortage of vehicle replacement funds for the purchase of a new vehicle to replace vehicle #22-266 which was damaged beyond repair in a vehicle accident. This vehicle is essential in the daily operation of the Park Operations team. Funding is provided by a decrease in the Park Operations General Fund budget. There is no net impact on the General Fund.
REQUESTER NAME & TITLE: Brian Castelluccio, Parks Manager FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Anita Kwong, Management Analyst COUNCIL DATE (if applicable): 06/19/24 DEPARTMENT/DIVISION: PRL Admin ORDINANCE:
COUNCIL COMMUNICATION
CC #:
3413
File #:
0215
Title:
Second Reading - Roseville Municipal Code Amendment - Development Impact Fee Deferral Program
Contact:
Wayne Wiley 916-774-5283 [email protected]
Meeting Date: 6/19/2024
Item #: 7.34.
RECOMMENDATION TO COUNCIL
ORDINANCE NO. 6830 AMENDING SECTION 4.04.040 OF CHAPTER 4.04 OF TITLE 4
THE ROSEVILLE MUNICIPAL CODE REGARDING DEVELOPMENT IMPACT FEE DEFERRALS, for second reading and adoption.
BACKGROUND
Not applicable.
FISCAL IMPACT
Not applicable.
ENVIRONMENTAL REVIEW
Not applicable.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world.
Goal D - Enhance economic vitality
Respectfully Submitted,
Wayne Wiley, Economic Development Manager
Melissa Anguiano, Economic Development Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Ordinance 6830
ORDINANCE NO. 6830
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING SECTION
4.04.040 OF CHAPTER 4.04 OF TITLE 4 THE ROSEVILLE MUNICIPAL CODE
REGARDING DEVELOPMENT IMPACT FEE DEFERRALS
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. The section of the Roseville Municipal Code listed above is hereby amended to read as shown on Attachment “A”.
SECTION 2. This ordinance shall be effective at the expiration of thirty (30) days from
the date of adoption.
SECTION 3. The City Clerk is hereby directed to cause this ordinance to be published
in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting.
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
ATTACHMENT "A"
§ 4.04.040 Nonresidential development impact fee deferral.
A. Deferral of nonresidential development impact fees $100,000.00 or greater shall require approval by the city council.
B. Deferral of nonresidential development impact fees less than $100,000.00 may be approved by the city manager or designee.
C. Deferred nonresidential development impact fees shall be paid prior to the issuance of a certificate of occupancy, or final approval of a building permit if no certificate of occupancy is required.
D. Any request for deferral of a nonresidential development impact fee shall be accompanied by payment of an administrative fee as established by resolution and adopted by the city council, as amended from time to time. Additionally, city’s lost interest income on deferred fees shall be paid prior to the issuance of a certificate of occupancy, or final approval of a building permit if no certificate of occupancy is required.
E. Notwithstanding Section C above, for an “affordable housing project”, deferred nonresidential development impact fees may be paid after the issuance of a certificate of occupancy, or final approval of a building permit if no certificate of occupancy is required, but in no event later than one (1) year after the issuance of the first certificate of occupancy, or first final approval of a building permit if no certificate of occupancy is required. For purposed of this section, an “affordable housing project” is defined as a residential multi-unit (three or more units) housing project that meets all of the following:
1. Provides one hundred (100) percent of the units, except any manager or caretaker units, as affordable units for low, very-low or extremely low income;
2. Complies with the City’s Objective Design Standards;
3. Enters into an Affordable Housing Agreement (as defined in Section 19.28.110, as may be amended from time to time);
4. Enters into a promissory note for the deferred fee amount that is secured by a deed of trust and/or other acceptable security interest, and
5. Agrees to follow all other requirements of this Section 4.04.040.
COUNCIL COMMUNICATION
CC #:
3412
File #:
0400-02 & 0400-03
Title:
Second Reading - Zoning and Subdivision Ordinance Updates Contact:
Eric Singer 916-774-5536 [email protected]
Meeting Date: 6/19/2024
Item #: 7.35.
RECOMMENDATION TO COUNCIL
ORDINANCE NO. 6828 AMENDING SECTIONS 19.08.090, 19.10.030, 19.12.020,
19.22.030, 19.28.020, 19.28.030, 19.28.040, 19.28.050, 19.28.060, 19.28.085, 19.28.110,
19.60.010, 19.60.030, 19.60.060, 19.60.070, 19.60.080, 19.80.070, AND 19.95.030 OF TITLE 19 OF THE ROSEVILLE MUNICIPAL CODE REGARDING ZONING
; and adopt
ORDINANCE NO. 6829 AMENDING CHAPTER 18.05 OF THE ROSEVILLE MUNICIPAL CODE REGARDING PARCEL MAP APPLICATIONS - MINISTERIAL, for second reading and adoption.
BACKGROUND
Not applicable.
FISCAL IMPACT
Not applicable.
ENVIRONMENTAL REVIEW
Not applicable.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Eric Singer, Associate Planner
Mike Isom, Development Services Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Ordinance 6828
Ordinance 6829
ORDINANCE NO. 6828
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING CHAPTER
18.05 OF THE ROSEVILLE MUNICIPAL CODE REGARDING PARCEL MAP
APPLICATIONS - MINISTERIAL
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. The Chapter of the Roseville Municipal Code listed above is ereby amended to read as shown on Attachment “A”.
SECTION 2. This ordinance shall be effective at the expiration of thirty (30) days from
the date of adoption.
SECTION 3. The City Clerk is hereby directed to cause this ordinance to be published
in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting.
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
ATTACHMENT "A"
Title 18. Subdivisions
Chapter 18.05. TENTATIVE MAP APPLICATIONS
MINISTERIAL
§ 18.05.010 . Tentative map required.
A tentative map shall be required wherever a final map or parcel map is required by the Subdivision Map Act , unless specifically waived by the provisions of this title or the Subdivision Map Act.
§ 18.05.020. Application required.
Whenever a tentative map is required, the subdivider shall submit to the director a complete tentative map application to be processed in accordance with the provisions of this chapter and title. An application shall be processed pursuant to Chapter 18.06 unless consistent with one of the following:
A. Ministerial Affordable Housing Map. It is a parcel map associated with a residential multi -unit (three or more units) or mixed use housing project that provides a minimum of 20 percent of the units as affordable units for low, very -low or extremely low income households and where the applicant agrees to enter into an affordable housing agreement prior to recordation of the parcel map (hereinafter affordable housing project),
B. Ministerial Two -Lot Sin gle-Family M ap. The application meets the following qualifying criteria for a ministerial two-lot parcel map:
1. The parcel is located within a single -family residential zone, which are the city's single-family residential (R1) and small lot residential (RS) zones.
2. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
3. Both newly-created parcels are a minimum of 1,200 square feet.
4. The parcel being subdivided has not been established through prior exercise of a parcel map pursuant to this section, nor has the owner or any person acting in concert with the owner previously subdivided an adjacent parcel pursuant to this section.
5. The proposed parcel map would not require demolition or alteration of any of the following types of housing:
a. Housing subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing which has been occupied by a tenant anytime within the last three years. c. Housing subject to any form of rent or price control through a public entity's valid exercise of its police power.
d. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1, as may be amended from time to time, to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
6. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code , as may be amended from time to time, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
7. The parcel is not located on a site th at is or contains any of the following, pursuant to Government Code subparagraphs (B) to (K), as may be amended from time to time, inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as may be amended from time to time:
a. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of t he Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
b. Wetlands, as defined in the United States Fish and Wildlife Servi ce Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, as may be amended from time to time, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code , as may be amended from time to time . This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the Government Code, as may be amended from time to time, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state f ire mitigation measures applicable to the development.
d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5, as may b e amended from time to time, or a hazardous waste site designated by the Department of Toxic Substances Contro l pursuant to Section 25356 of the Health and Safety Code, as may be amended from time to time, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standard s adopted by the California Building Standards Commission under the California Building Standards Law (Part 2 .5 (commencing with Section 18901) of Division 13 of the Health and Safety Code , as may be amended from time to time ), and by any local building de partment under Government Code Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 , as may be amended from time to time.
f. Within a special flood hazard area subject to inundation by the one percent annual chance flood (100 -year flood) as de termined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency . If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisf ies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or a ction adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if e ither of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. ii. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commenc ing with Section 59 .1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations, as may be amended from time to time. g. Within a regulatory floodway as determined by the Federal Emergency Manageme nt Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60 .3(d)(3) of Title 44 of the Code of Federal Regulations , as may be amended from ti me to time . If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide th at the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government sha ll not deny the application on the basis that the development proponent did not comply with any additional permit requireme nt, standard, or action adopted by that local government that is applicable to that site . h. Lands identified for conservation in an ado pted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencin g with Section 2800) of Division 3 of the Fish and Game Code , as may be amended from time to time ), habitat conservation plan pursuan t to the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq ., as may be amended from time to time ), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive , or species of specia l status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq ., as may be amended from time to time ), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code , as may be amended from time to time ), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code , as may be amended from time to time.
j. Lands under conservation easement.
C. Ministerial Multifamily Map. The application is for a ministerial map of 10 or fewer parcels resulting in 10 or fewer residential units and meets all of the following qualifying criteria:
1. The parcel is a legal lot located within the City’s multifamily residential (R3) zone.
2. The parcel is no greater than five (5 acres).
3. The proposed parcels are no smaller than 600 square feet.
4. The parcel being subdivided has not been established through prior exercise of a map pursuant to Chapter 18.05.
5. The parcel is substantially surrounded by urban uses. As defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code, as may be amended from time to time, substantially surrounded means at least 75 per cent of the perimeter of the project site adjoins or is separated only by an improved public right -of-way from any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. The remaining 25% of the perimeter of the project must adjoin or be separated only by an improved public righ t-of-way from parcels that have been designated for any residential, commercial, public institutional, transit or transportation passenger facili ty, or retail use, or any combination of those uses, by the Zoning Ordinance, a Specific Plan/Community Plan, o r the General Plan.
6. The project shall result in at least as many units as projected for that parcel in the General Plan Housing Element and shall also provide at least as many low - or very-low-income units identified in the General Plan Housing Element for the parcel (subject to a recorded affordability restriction of at least 45 years). If the parcel is not identified in the General Plan Housing Element, the project shall result in at least as many units as the maximum allowable residential density.
7. The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square fe et. Habitable space is defined by the California Building Code, as may be amended from time to time, as a spac e in a building for living, sleeping, eating, or cooking (bathrooms, toilet rooms, closets, halls, storage, or utility spaces and similar areas a re not included in net habitable space).
8. Any parcels proposed to be created pursuant to this section will be se rved by a public water system and a municipal sewer system.
9. The proposed project would not require demolition or alteration of any of the followi ng types of housing:
a. Housing subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing which has been occupied by a tenant anytime within the last five years. c. Housing subject to any form of rent or price control through a public entity’s valid exercise of its pol ice power.
d. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Government Code Chapter 12.7 5 (commencing with Section 7060) of Division 7 of Title 1, as may be amended from time to time, to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
10. The parcel is not located o n a site that is or contains any of the following, pursuant to Government Code subparagraphs (B) to (K), inclus ive, of paragraph (6) of subdivision (a) of Section 65913.4, as may be amended from time to time:
a. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criter ia, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservat ion, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Prot ection pursuant to Government Code Section 51178, as may be amended from time to time, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Pu blic Resources Code, as may be amended from time to time.
This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the Government Code, as may be amended from time to time, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures ap plicable to the development.
d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, as ma y be amended from time to time, unless:
i. The site is an underground storage tank site that received a uniform c losure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code, as may be amended from time to time, based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses.
ii. The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency m aking a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, as may be amended fr om time to time, has otherwise determined that the site is suitable for residential use or residential mixed uses. e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commis sion under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health a nd Safety Code, as may be amended from time to time), and by any local building department under Government Code Chapter 12.2 (commenci ng with Section 8875) of Division 1 of Title 2, as may be amended from time to time.
f. Within a special flood hazard area s ubject to inundation by the one percent annual chance flood (100 -year flood) as determined by the Federal Emergency Management Agency i n any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy a ll applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for s treamlined approval under this section, a local government shall not deny the application on the basis that the developme nt proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applic able to that site. A development may be located on a site described in this subparagraph if either of the following are m et:
i. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local j urisdiction. ii. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain manage ment criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with S ection 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations, as may be amended from time to time. g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Feder al Emergency Management Agency, unless the development has received a no -rise certification in accordance with Section 60 .3(d)(3) of Title 44 of the Code of Federal Regulations, as may be amended from time to time. If a development proponent is able to sat isfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the dev elopment proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, as may be amended from time to time), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U .S.C. Section 1531 et seq. as may be amended from time to time), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq., as may be amended from time to time), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code, as may be amended from time to time), or the Native Plant Protection Act (Chapter 10 (commencing with Sect ion 1900) of Division 2 of the Fish and Game Code, as may be amended from time to time).
j. Lands under conservation easement.
11. The housing units on the lot proposed to be subdivided are to be constructed on fee simple ownership lots, as part of a common inter est development, as part of a housing cooperative, or are to be owned by a community land trust, consistent with Government Code 66499.41(a)(4), as may be amended from time to time.
12. The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410, as may be amended from time to time)), except as otherwise expr essly provided in this section, and the project conforms to Government Code Section 65852.28, as may be amend ed from time to time.
§ 18.05.030. Application materials required.
Whenever a tentative map is required, the subdivider shall submit to the dire ctor a complete tentative map application to be processed in accordance with the provisions of this chapter and title .
A complete application shall include the following:
A. Application Form.
1. The application shall be in a form specified by the director and shall be accompanied with the correct filing fee;
2. A description of the applicant's interest in the property shall be stated on the application form;
3. A dated signature by the property owner, or owners, authorizing the processing of the application, and, if so desired by the property owner, authorizing a representative to bind the property owner on m atters addressed in the application.
B. Tentative Map: Preparation, Form and Number of Copies.
1. The tentative map shall be clearly and legibly drawn and prepared by or under the direction of a registered civil engineer or licensed land surveyor.
2. The scale of the map shall be at least one inch equals 40 feet unless otherwise specified by the director. If necessary to provide the proper scale, more than one sheet may b e used, but the relation of the several sheets shall be clearly shown on each.
3. No single sheet shall exceed 60 inches in length and 42 inches in width.
4. Full size copies, and one copy reduced to eight and one -half inches by 11 inches (suitable for reproduction) of the tentative map . The number of the tentative map copies shall be specified by the director.
C. The following information shall appear on the face of the tentative map:
1. The proposed subdivision name;
2. Names, addresses and telephone numbers of the record owner and subdivider of the land;
3. Name, address and telephone number of the person, firm or organization that prepared the tentative map, and the applicable registration or license number;
4. Date of preparation, north arrow and scale of the map;
5. If the tentative map is based on a survey, the date of the survey;
6. A vicinity map of appropriate scale sufficiently covering adjoining territory to clearly indicate the nearby street patterns, major access streets, property lines, and other adjacent properties in the subdivider's ownership (north arrow pointing in the same direction as the north direction of the subdivision);
7. A statement of existing and proposed zoning and general plan categories, and existing and proposed uses of the property, with the approximate areas of the proposed uses by type;
8. Boundaries and dimension s of the property(ies) involved in the subdivision, with sufficient information to locate the property(ies), and the total area of the subdivision;
9. A list of all service providers and districts, including water, sewer, electric, natural gas, phone, cable and schools;
10. The name of all adjacent subdivisions, if any, and property lines sufficient to show their relationship to the proposed subdivision;
11. Contour lines at intervals of not more than two fe et where the general slope of the property is less than 10 percent, and/or at five -foot intervals where the general slope of the property exceeds 10 percent. Contour lines shall extend beyond the tract boundaries where necessary to show drainage conditions on surrounding property which may affect the subdivision;
12. Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage problems;
13. The location and general description of any trees with notations as to their specimen type, and other significant natural features with notations as to their retention or destruction;
14. The location of all structures within the subdivision boundaries, notations if they are to remain or be removed, and their distances from other structures and existing or proposed streets and lot lines;
15. The locations, widths and purposes of all existing and proposed easements for utilities, drainage and other public or private purposes, shown by dashed lines, within and adjacent to the subdivision;
16. The location of any 100 -year future floodplain. The city engineer may require additional hydrologic analysis to update or determine the boundaries of the 100-year floodplain;
17. Any area of fill or excavation and their respective quantities within the 100-year future floodplain;
18. The locations, widths and names or designations of all existing or proposed streets, alleys, pedestrian ways and other rights -of-way, whether public or private, within and adjacent to the subdivision (including the radius of each centerline curve);
19. The lines and approximate dimensions of all lots, with sequential numbers assigned to each;
20. The total number of lots (listed by phase, if applicable);
21. The total area in square footage or acreage to the nearest one -tenth acre of each lot proposed to be utilized for other than single -family or two -family housing; and
22. A statement on the face of the tentative map declaring that all easements of record are shown on the tentative map and will appear on the final maps.
D. Additional Information and Plans Required With Ministerial Tentative Map Application . In addition, the following plans and information shall be submitted with a tentative map application:
1. A statement of proposed improvements, including all utilities and landsc aping; and
2. A preliminary title repo rt issued not more than six months prior to its submission to the city.
3. For a ministerial two -lot map , an affidavit signed by the applicant stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the parcel map. This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivis ion (a) of Section 402.1 of the Revenue and Taxation Code, as may be amended from time to time, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code , as may be amended from time to time . The affidavit shall further state that the applicant understands that uses allowed on the newly -created lots shall be limited to residential uses.
§ 18.05.040. Prefiling.
Within 30 days of receiving a tentative map application the planning department shall, in writing, determine if the application meets the requirements of Section 18.05.020 and Section 18.05.030 . When an application is either ineligib le for the ministerial parcel map process or is missing any required information it will not be processed . Prefiling occu rs on the date that the application is received with all required information .
§ 18.05.050. Application referral.
Within five days o f prefiling the director will refer copies of the tentative map application to any city department, local, state or feder al agency, or other individual or group the director believes may be interested in the project. If no response is received within 21 da ys of the referral date, the director will assume that the outside agency, individual or group has no comments .
§ 18.05.060. Acceptance of application.
Pursuant to Government Code Section 65943 , as may be amended from time to time , a tentative map application shall be accepted as complete by the director if it meets the requirements of Section
18.05.030 of this title .
Within 30 days of prefiling, the director shall send a letter to the applicant indicating:
A. If all of the required information for a tentative map application has been correctly submitted pursuant to Section 18.05.030; and
B. All information necessary to accept a complete application and to clarify, amplify, correct or supplement the application; and
C. Suggested design changes or conditions of approval which may need to be met in order to receive approval. If the director determines additional information is required, and the additional information has not been received within six months of the letter requesting the information, then the application shall be deemed withdrawn, unless extended pursuant to Section 18.06.150.
§ 18.05.070. Application deemed "filed."
An application shall be deemed filed in accordance with Section 66452 .1 of the Subdivision Map Act , as may be amended from time to time, on the date the tentative map application is accepted as complete as specified in Section 18.05.060 .
§ 18.05.080. Approval by city engineer.
After an application is filed, the city engineer shall approve the tentative map based upon the minimum findings below, and in accordance with the requirements of this title .
A. The tentative map conforms to all applicable objective r equirements of the Subdivision Map Act (Division 2 (commencing with Section 66410 , as may be amended from time to time )), except as otherwise expressly provided in this section.
B. The tentative map conforms to objective zoning standards, objective subdivisio n standards, and objective design review standards , except that conformance is not required where imposition of the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would resu lt in a unit size of less than 800 square feet, nor shall it be required to correct existing non -conforming zoning conditions.
C. The tentative map provides necessary easements for the provision of public services and facilities.
D. The parcels have access to , provide access to , or adjoin the public right-of-way.
E. The project will not have a specific, adverse impact, as defined and determined in Government Code paragraph (2) of subdivision (d) of Section 65589.5, as may be amended from time to time , upon public health and safety or the physical environment and for w hich there is no feasible method to satisfactorily mitigate or avoid the specific , adverse impact.
ORDINANCE NO. 6829
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING SECTIONS
19.08.090, 19.10.030, 19.12.020, 19.22.030, 19.28.020, 19.28.030, 19.28.040, 19.28.050,
19.28.060, 19.28.085, 19.28.110, 19.60.010, 19.60.030, 19.60.060, 19.60.070, 19.60.080,
19.80.070, AND 19.95.030 OF TITLE 19 OF THE
ROSEVILLE MUNICIPAL CODE REGARDING ZONING
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. The Sections of the Roseville Municipal Code referenced above are hereby amended to read as shown on Attachment “A”.
SECTION 2. This ordinance shall be effective at the expiration of thirty (30) days from
the date of adoption.
SECTION 3. The City Clerk is hereby directed to cause this ordinance to be published
in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting.
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
2 ATTACHMENT "A"
§ 19.08.090. Commercial use types.
Commercial use types include the distribution, sale and rental of goods, and the provision of services other than those classified as civic or industrial use types. Specific commercial use types referred to in this title are:
A. Adult-oriented businesses , include those uses specifically referred to in Chapters 9.11 and 19.32 of this Code and include any adult arcade, adult bookstore, adult cabaret, adult hotel/motel, adult motion picture theater , adult theater or modeling studio defined therein . Any reference in this Code to "adult business establishment" shall mean adult -oriented business , as provided herein.
B. Animal sales and services , includes establishments primarily engaged in animal -related sales and services . The following are animal sales and services use types:
1. Grooming and pet stores, includes grooming or selling of dogs, cats, and similar small animals with limited indoor boarding. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores.
2. Kennels, includes indoor and outdoor kennel services for dogs, cats, and similar small animals. Typical uses incl ude boarding kennels, pet hotels, and dog training centers.
3. Veterinary clinic, includes a fully enclosed veterinary facility containing only enough cage arrangements as necessary to provide services for small animals requiring acute medical or surgical care, as well as boarding and grooming.
4. Veterinary hospital, includes a veterinary facility conducted in an enclosed building and an outdoor space which provides long-term medical care, boarding and grooming.
C. Automotive and equipment, includes establishments primarily engaged in automotive-related or heavy equipment sales or services. The following are automotive and equipment use types:
1. Automotive body and equipment repair, includes automobile body repair and painting; repair of equipment such as aircraft, boats, recreational vehicles, and trucks; and the installation and servicing of tractor -trailer, semi-trucks and heavy construction equipment.
2. Automotive rentals, includes rental from the premises of automobiles, light trucks, and recreational vehicles. Typical uses include car rental agencies.
3. Automotive repairs, includes repair of automobiles and the sale, installation, and servicing of automobile equipment and parts completely within an enclosed building, but excluding body repai r and painting. Typical us es include muffler shops, automobile repair garages, automobile glass shops, and minor services including oil change, tuneup/lube shops, tire installation, and stereo and car acc essory installation.
4. Automotive sales , includes the sale, retail or wholesale, of automobiles, light trucks, boats, recreational vehicles, motorcycles, motor homes, and trailers together with associated enclosed repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.
5. Car wash and detailing , includes washing and polishing of automobiles . Typical uses include automobile detailing services and car washes.
6. Commercial parking, includes parking of operable motor vehicles on a temporary basis within a privately owned off-street parking area with or without a fee. Typical uses include commercial parking lots and garages.
7. Heavy equipment rental and sales , includes rental and sales of heavy equipment such as aircraft, trucks, tractor -trailer, semi-trucks and heavy construction equipment.
8. Fuel sales, includes establishments primarily engaged in the retail sale, from the premises, of petroleum, natural gas, or other fuel p roducts (not including hydrogen, separately defined) primarily for use by indiv idual vehicles with the incidental sale of tires, batteries, and replacement items, lubricating services, or minor repair services and may include drive through car washes, convenience eating places and neighborhood commercial. Typical uses include automob ile service stations, filling stations and neighborhood commercial uses with gas sales.
9. Electric vehicle charging center, includes establishments primarily engaged in the provision, from the premises, of charging for electric vehicles, with the incidental sale of tires, batteries, and replacement items, lubricating services, or minor repair services and may include drive through car washes, convenience eating places and neighborhood commercial. This definition does not include accessory use electric vehicle charging stations, which are individual electric vehicle charging stations located in parking lots on parcels which support residential, commercial, or employment uses as the primary use, and are principally permitted as an accessory use pursuant to Chapter 19.22.
10. Hydrogen fuel sales , includes establishments primarily engaged in the provision, from the premises, of hydrogen fuel primarily for use by individual vehicles, with the incidental sale of replacement items, lubricating services, or minor repair se rvices and may include drive through car washes, convenience eating places and neighborhood commercial uses.
D. Banks and financial services, includes financial institutions including: banks and trust companies; lending and thrift institutions, credit agenci es; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding, (but not predominantly operating) companies; and other investment companies; vehicle finance leasing agencies. Automated teller machines (ATMs) located away from banks are included under the definition of "personal services."
E. Bars and drinking places, includes establishments within a building where alcoholic beverages are sold for onsite consumption, that are not part of a restaurant. Includes bars, taverns, pubs, brew pubs, wine bars and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Dance floors are not permitted.
§ 19.10.030 Residential zone general development standards.
A. Residential Development Standards. Permitted uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this title:
RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS
Requirement by Zoning District
R1
RS
with attached sidewalk(10)
RS
with separated sidewalk(8), (10) R2 R3(2) RMU
Area, interior lot 6,000 sq ft 4,500 sq ft 4,275 sq ft 6,000 sq ft 6,000 sq ft None (7)
Area, corner lot 7,500 sq ft 5,500 sq ft 4,710 sq ft 7,500 sq ft 7,500 sq ft Width, interior 60 ft 45 ft 45 ft 60 ft 60 ft
Width, corner 75 ft 55 ft 50 ft 75 ft 75 ft
Residential Density
Maximum number of primary dwelling
units per lot
2 dwellings(1)
2 dwellings(1)
2 dwellings(1)
2 dwellings(1)
As provided by General
Plan, but a minimum of 3
dwellings (13)
As provided by
General Plan
Maximum number of accessory/ junior
dwelling units per lot(11)
Up to 2 dwellings Up to 2 dwellings Up to 2 dwellings Up to 2 dwellings Up to 2 dwellings Up to 2 dwellings
See Chapter 19.22 for accessory structure development standards for the following standards Setbacks (minimum)
Front(1) (9) 20 ft for
interior lots; 15 ft for corner
lots; 20 ft minimum
driveway depth
15 ft to living space or side wall of
garage;
12.5 ft to porch; 18 ft minimum
driveway depth(6)
10 ft to first floor living space
or side wall of garage;
7.5 ft to porch, but in no case
may encroach into a PUE; 15
ft to second floor living space;
18 ft minimum driveway
depth(6)
20 ft for interior lots; 15 ft for
corner lots; 20 ft minimum
driveway depth
20 ft minimum on all
street frontages
None(7)
Sides(1) (9) 5 ft interior; 15 ft street side
on corner
5 ft interior; 12.5 ft street side on first
floor; 15 ft street side on second floor
5 ft interior; 10 ft street side on
first floor; 13 ft street side on
second floor
5 ft interior; 15 ft street side on
corner
5 ft interior; 20 ft
minimum on all street
frontages
None(7)
Rear (1) 20% of lot depth; need not
exceed 20 ft;
10 ft minimum(3)
10 ft minimum with minimum useable
open space of 700 sq ft or 500 sq ft
where a usable front porch is
provided(4)
10 ft minimum with minimum
useable open space of 500 sq
ft(4)
20% of lot depth; need not
exceed 20 ft; 10 ft minimum
20 ft; 20 ft minimum on
all street frontages
None(7)
Lot Coverage (primary buildings) 35% for 2
story; 45% for
1 story
None(4) None(4) 40% 50% None(7)
Height Limits 35 ft 35 ft 35 ft 35 ft 45 ft(5) None(7)
Additions to a single-family or two-
family primary structure greater than
700 square feet in area (12)
Notes:
(1) Up to two residential units are permitted in the R1 and RS zone districts provided the criteria of 19.10.030 (G) are met. Residential units may be attached or detached in the R1, RS, or R2 zone districts. (2) The general development standards for the R3 district may be modified through approval of a Design Review Permit.
Notes:
(3) On corner lots, the minimum rear setback may be determined by using an average of three measurements taken at the ends of the structure and a point midway between the ends of the structure. The measurements shall be made perpendicular to the rear lot line.
(4) The rear and side yards may be utilized to meet the minimum usable open space prov ided the minimum dimension, measured perpendicular to the applicable rear or side yard is 10 feet. Maximum coverage is a func tion of lot size, required setbacks and usable open space. A minimum usable open space of 500 square feet may be applied where a front porch is provided with minimum dimensions of six feet by 10 feet exclusive of entry way. (5) Except for residential units immediately adjacent to the R1 and RS zone districts, where the height limit shall be 35 feet. (6) Minimum driveway depth of 18 feet requires a roll-up garage door. (7) As provided in development standard overlay or special area overlay district. (8) Sidewalk separated from back of curb by five-foot planter strip. (9) Front setback (and side setback where adjacent to street) measured from back of walk. Fence side yard setback is five feet from back of walk where facing a street. In the absence of s idewalk, setbacks measured from the edge of right-of-way.
(10) Variations to the standards and other housing product types may be permitted subject to processing of a Design Review Permit for Residential Subdivision (DRRS) concurrent with the approval of a tentative subdivision map and review of product type.
(11) A combination of up to two accessory dwelling/junior accessory dwelling units are permitted within areas zoned to allow single -family, two-family or multi -family residential use provided the lot contains an existing or proposed single-family dwelling, two -family or multi -family unit as defined in Sections 19.08.080(F)(1) and (F)(2) (Residential Use Types), the a ccessory dwelling/junior accessory dwelling unit complies with the standards identifie d in Chapter 19.60 (Accessory Dwelling Units) , and the lot has not been created via a ministerial two -lot sing le-family map or a ministerial multifamily map pursu ant to Chapter 18.05. See Chapter 19.60 for the maximum number and combination of units allowed per lot. For purposes of density, accessory dwelling units shall be deemed to be an accessory use or an accessory building or structure and shall not be considered to exceed the allowable density for the lot upon which it is located. (12) Additions (attached or detached) to primary structures that excee d 700 gross squar e feet in area may be permitted upon approval of an Administrative Permit, which may include a public hearing as provided in Sections 19.74.010 and 19.78.020. Excludes accessory dwelling units complying with the standards identified in Chapter 19.60 (Accessory Dwelling Units). (13) Parcels created through the exerci se of the ministerial multifamily map provisions of Chapter 18.05 are limited to the number of units permitted by Government Cod e Section 66499.41, as may be amended from time to time, and are not permitted accessory dwelling units or junior accessory dwelling units.
§
AGRICULTURAL AND OPEN SPACE USE TYPES
CIVIC USE TYPES
Hospital Services
Schools
Social Services
19.12.020. Permitted use types.
Primary uses are permitted in commercial zones subject to the requirements of this title as designated below:
A. Principally permitted use, designated as “P”;
B. Conditionally permitted use, designated as “CUP”; and C. Administratively permitted use, designated as “A.”
Refer to the Downtown Code for permitted uses within the CBD and HD zones.
COMMERCIAL ZONE DISTRICTS PERMITTED USES
BP NC CC GC HC RC CMU
AGRICULTURAL AND OPEN SPACE USE TYPES
Resource Protection and Restoration CUP CUP CUP CUP CUP CUP P Resource Related Recreation P P P P P CUP P
CIVIC USE TYPES
Community Assembly CUP P P P - - P
Community Services P CUP P P P P P
Essential Services P P P P P P P
Hospital Services
General Hospital Services - - CUP CUP - - P
Psychiatric Hospital Services - - CUP CUP - - P
Libraries and Museums, Private - CUP P P P P -
Public Parking Services P P P P P P P
Schools
College and University A - P P - P P
COMMERCIAL ZONE DISTRICTS PERMITTED USES
BP NC CC GC HC RC CMU
Public/Private Elementary and Secondary - CUP CUP CUP - - P Social Services
Emergency Shelter(5) - - - CUP CUP - CUP
Food Distribution(3) - - - A/CUP A/CUP - A/CUP
Food Service(4) - - - A/CUP A/CUP - A/CUP
Power Generating Facilities(9)
Emergency A A A A A A A
Supplemental/Individual Use CUP CUP CUP CUP CUP CUP CUP Passive Power P P P P P P P
RESIDENTIAL USE TYPES
Accessory Dwelling Units(11) - P P P P - P
Caretaker/Employee Housing - CUP CUP CUP CUP CUP P
Community Care Facilities, Small P P P P - P P
Community Care Facilities, Large CUP CUP CUP CUP - CUP P Dwelling(10)
Multi-Family(13, 14) - CUP/A CUP/A - - P(15) P
Single-Family(14) - CUP CUP CUP CUP - P
Two-Family(14) - CUP CUP CUP CUP - P
Family Day Care Home, Small P P P P - P P
Family Day Care Home, Large - CUP CUP CUP - - P
Single Room Occupant - - - - - - CUP
COMMERCIAL ZONE DISTRICTS PERMITTED USES
BP NC CC GC HC RC CMU
Low-Barrier Navigation Centers - - - - - - P
COMMERCIAL USE TYPES
Adult-Oriented Businesses(2) - - - P - P P
Animal Sales and Service
Grooming and Pet Stores - P P P - P P
Kennels - - - CUP CUP CUP P
Veterinary Clinic - CUP P P - - P
Veterinary Hospital - - CUP CUP - - P
Automotive and Equipment
Automotive Body and Equipment Repair - - - CUP - CUP CUP Automotive Rentals - - - P P P P
Automotive Repairs - - CUP P P P P
Automotive Sales - - CUP P - P P
Car Wash and Detailing - - CUP P - P P
Commercial Parking P - - P P - P
Electric Vehicle Charging Center(12) P P P P P P P
Fuel Sales(12) CUP P/CUP P/CUP P/CUP P/CUP P/CUP P/CUP
Hydrogen Fuel Sales P P P P P P P
Heavy Equipment Rental and Sales - - - P - P P
Banks and Financial Services P P P P - P P
Bars and Drinking Places - - P P - P P
COMMERCIAL ZONE DISTRICTS PERMITTED USES
BP NC CC GC HC RC CMU
Broadcasting and Recording Studios P - - P - - P
Building Material Stores - - CUP P - P P
Business Support Services P - P P - - P
Commercial Recreation
Amusement Center - CUP P P - P P
Indoor Entertainment - - P P - P P
Indoor Sports and Recreation - - P P - P P
Large Amusement Complexes - - - CUP CUP P P
Outdoor Entertainment - - - CUP - CUP P
Outdoor Sports and Recreation - - - P CUP P P
Community Care Facility P P P P - - P
Day Care Center P P P P - P P
Eating and Drinking Establishments
Fast Food with Drive-Through(12) - - P/CUP P/CUP P/CUP P/CUP P/CUP Convenience P P P P P P P
Full Service P P P P P P P
Food and Beverage Retail Sales - - P P - - P
Funeral and Interment Services - - P P - - P
Lodging Services - - P P P P P
Long-Term Care Facility CUP CUP P P - - P
Maintenance and Repair - P P P - - P
COMMERCIAL ZONE DISTRICTS PERMITTED USES
BP NC CC GC HC RC CMU
Medical Services, General P P P P P P P
Neighborhood Commercial P P - - - - P
Nightclubs(6) - - CUP CUP - CUP CUP
Nursery, Retail - - - P - P P
Offices, Professional P P P P - P P
Personal Services P P P P P P P
Retail Sales and Services - - P P P P P
Specialized Education and Training
Vocational Schools - - P P - - P
Specialty Schools - CUP P P - P P
Storage, Personal Storage Facility - - CUP P - - P
INDUSTRIAL USE TYPES
Laundries, Commercial - - CUP CUP - - P
Printing and Publishing - - - CUP - - P
Research Services - - - P - - P
Wholesaling and Distribution, Light - - - P - - P
TRANSPORTATION AND COMMUNICATION USE TYPES
Heliport CUP CUP CUP CUP CUP CUP P
Intermodal Facilities(8) CUP CUP CUP CUP CUP CUP P
Telecommunication Facilities(7) P/A/CUP P/A/CUP P/A/CUP P/A/CUP P/A/CUP P/A/CUP P/A/CUP
Notes:
(1) Reserved.
(2) Additional requirements are contained in Chapter19.32. (3) Additional requirements are contained in Chapter19.40. (4) Additional requirements are contained in Chapter19.39. (5) Additional requirements are contained in Chapter19.38. (6) Additional requirements are contained in Chapter19.49. (7) Additional requirements are contained in Chapter19.34. (8) Additional requirements are contained in Chapter19.36. (9) Additional requirements are contained in Chapter19.55. (10) Transitional housing and supportive housing are considered residential use types and are permitted (P) where residential uses are permitted (P) or conditionally permitted (CUP). (11) Accessory dwelling/junior accessory dwelling units are only permitted within areas zoned to allow single - family, two-family or multi-family residential use and must be located on a lot that contains an existing or proposed single-family, two-family or multi-family dwelling unit which has an approved CUP as defined in Sections 19.08.080(F)(1) and (F)(2) (Residential Use Types). See Chapter 19.60 for additional accessory dwelling/junior accessory dwelling unit regulations. (12) A Conditional Use Permit is required for fast food with drive through establishments, fuel sales establishments, or electric vehicle charging centers contiguous to: (a) properties with a residential zoning designation; (b) parcels designated as a public utilities easement or landscape easement which are contiguous to a property having a resid ential zoning designation; and (c) any other parcel of land upon which a building cannot be developed and which separates the subject parcel by less than 100 feet which is contiguous to a property having a residential zoning designation. A conditional use permit is not required for these uses if the subject parcel is separated from properties with a residential zoning designation by a public roadway. (13) Multi-family uses are permitted with an Administrative Permit in the NC and CC zone districts when the housing development is constructed on or adjacent to a site occupied by a non-profit organization, and a non- profit organization will offer supportive services to the proposed residents. Examples of supportive services include transportation, child care, education assistance, and the provision of clothing and other supplies.
(14) For sites within a specific plan, residential units are only permitted with a CUP if the specific plan has allocated units to the site. If no units are allocated or if fewer units are allocated than are proposed, a unit transfer or Specific Plan Amendment is required in addition to the CUP. (15) Multi-family units are permitted by right in the RC zone district if the specific plan has allocated units to the site. If no units are allocated or if fewer units are allocated than are proposed, a unit transfer or Specific Plan Amendment will be required.
§ 19.22.030. Accessory structures.
A. Accessory Structures Included With Permitted Uses. In addition to the primary structures associated with permitted uses, each use classification shall be deemed to include such accessory structures which are specifically identified by these regulations, and such other accessory structures which are necessarily and customarily associated with, and are appropriate, incid ental, and subordinate to, such primary structures . It shall be the responsibility of the Planning Manager to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary structure, based on the Planning Manager's evaluation of whether the proposed accessory structure is necessary or customarily associated with the use for which the development was constructed . Determinations by the Planning Manager shall be subjec t to appeal pursuant to Chapter 19.80, and a record of all such determinations shall be maintained by the Planning Manager. All accessory structures shall be located in compliance with all other applicable requirements of the zone district in which they ar e located and any other permits required (e.g., Design Review Permit).
B. Accessory Structures Subject to Regulations. Accessory structures shall be regulated in the same manner as the primary structures within each zoning district, except as otherwise expressly provided by these regulations. Accessory structures may be established concurrently or following the constructio n of a primary structure.
C. Permitted Accessory Structures to Dwelling Use Type (Single-Family and Two-Family):
1. Decks and Balconies. Uncovered decks under 30 inches in height at the top of the deck sheathing are permitted anywhere on a parcel, without respect to required setbacks. Any deck or balcony (uncovered or covered) which is 30 inches or taller in height, when measured as outline d in Section 19.95.030(H)(1) (Height, Building and Other Structures), shall maintain a minimum side yard setback of two times t he required interior side yard setback for the primary structure, a rear yard setback of one -half the required rear yard setback for the primary structure, a 10 -foot front yard setback, and shall be located consistent with the residential clear vision tria ngle requirements of Section 19.10.030(6 ).
2. Unenclosed structures, including, but not limited to, shade structures, carports, boat and RV covers, patio covers and gazebos located on the ground floor . Such structures are subject to the following requirement s:
a. The structure shall not enclose any area equal to or greater than 20 percent on any side not att ached to the residence; b. The structure shall not be constructed of materials which would create a year round livable area; c. Less than seven feet in height:
i. Interior Lot. Unenclosed structures less than seven feet in height may be located anywhere within a parcel, but shall maintain the required front yard setback;
ii. Corner Lot. On the street side of a corner lot, the structure shall maintain a five -foot setback a s measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way; iii. On the street side of a corner lot located adjacent to a key lot, the structure shall maintain a 10 -foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way. d. Greater than seven feet in height.
i. The structure shall maintain the required front yard setback and a five-foot rear and side yard setback; ii. The structure shall not exceed 15 feet in height and one story. For each foot in height above 10 feet the required setback, except the front yard setba ck, shall be increased by one foot. Structures integrated into the existing roofline of the primary structure, and exceeding the height limit, or constructed concurrently with t he main residence shall be considered attached to (and part of) the primary structure for purposes of this article;
iii. On the street side of a corner lot, the structure shall maintain a five -foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way;
iv. On the street side of a corner lot located adjacent to a key lot, the structure shall maintain a 10 -foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way.
3. Enclosed structures are subject to the following requirements:
a. Less than seven feet in height.
i. The minimum setback is five feet from the back of sidewalk or right-of-way, whichever is greater, on the street side for corner lots; ii. The minimum setback is 10 feet from the back of sidewalk or right-of-way, whichever is greater, when adjacent to a key lot; and iii. No setback is required adjacent to the rear or interior side property lines. b. Greater than seven feet in height.
i. The maximum height is 15 feet and one story;
ii. The minimum setback is five feet from the rear and side property lines; iii. The minimum setback is 12.5 feet from the back of sidewalk or edge of right-of-way on corner lots; and iv. For each foot in height above 10 feet, the required setback, except for the front yard setback, shall be increased by one foot. c. General.
i. If the building or structure is located within a required rear yard setback, the total size of the building or buildings, cum ulatively, shall be less than 50 percent of the required rear yard area. ii. The required front yard of the applicable residential zone district shall be maintained. iii. A maximum of 700 square feet of detached building(s) or structure(s) is permitted on the same lot. Additional square footage of detached accessory building(s) or structure(s) ( excluding Accessory Dw elling Units), in excess of 700 square feet, may be permitted upon approval of an Administrative Permit.
iv. An extension of the main building or accessory building roof (e .g., a breezeway) may connect the accessory building to the primar y building, but it shall not be considered part of (attached to) the main (primary) building, except as specified below. The breezeway and accessory building must maintain required side yard setbacks. v. Any accessory structure located less than six feet fro m the primary building shall be considered attached to (and part of) the primary building for purposes of this article, and shall be subject to the development standards for the primary building. Additions to primary structures are regulated pursuant to Section 19.10.030 (Residential Zone General Development Standards).
4. Fences and Walls. A maximum seven-foot high fence (including lattice and similar attachments) or wall may be located on a parcel consistent with the following requirements:
a. The maximum height shall be reduced to three feet if located:
i. Within a residential or residential driveway clear vision triangle (see Chapter 19.95 , Definitions); ii. Within a required front setback; or
iii. Within five feet of the back of the sidewalk of a street -side for a corne r lot. In the absence of a sidewalk, the five foot setback is measured from the back of the right-of-way.
b. When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along a common property line shall be determined by using the finished grade of the highest contiguous parcel. c. The height of a fence or wall may be increased a maximum of one foot to provide fo r noise attenuation or buffering of adjacent land uses, subject to approval of an Adm inistrative Permit. Fences and walls in excess of eight feet may be permitted subject to the approval of a Conditional Use Permit.
d. The provisions of this section shall not apply to any fence or wall required by any law or regulation of the City or State.
5. Flag Poles. The pole may be a maximum of 35 feet in height and shall maintain a minimum five -foot setback from any property line.
6. Security facilities, including security gates and gate houses at a project entrance.
7. Antennas, including HAM radio, radio and television receiving antennas subject to requirements of Chapter 19.34 .
8. Children's play equipment, including playsets, playhouses and tree houses.
9. Recreation facilities, including recreation activity courts and facilities (excluding associated fencing and netting), swimming pools, spas and hot tubs, which are customarily associated with residential use, are permitted in the rear and side yards . Recreational facilities shall not include automated pitching equipment or similar noise generating recreation equi pment not typically associated with residential use.
10. Satellite Dishes. Satellite dishes as allowed in Chapter 19.34.
11. Entry Arbors. Entry arbor s may be located within the required front yard setback provided they do not cover more than 25 square feet in area and do not exceed a height of 10 feet.
12. Landscape Features. Landscape features including fountains less than seven feet in height may be located within the front yard setback provided the feature is located outside of the clear vision triangle and does no t exceed 25 square feet in area.