E-4.1.1 Purchaser Entitlement to Damages. In the event of Non- Performance by Seller, Seller shall pay damages to Purchaser calculated in accordance with Section 21.3 of the Agreement.
E-4.1.2 Purchaser Option to Terminate. Purchaser shall have an option to declare any instance of Seller’s Non-Performance under Section E-4.1 an Event of Default under the Agreement and the remedies for an Event of Default under Section
22.2(b) of the Agreement shall apply (excluding Section 22.2(a)), provided that the right to terminate transactions for such Non-Performance shall be limited to transactions under this Service Schedule E. Exercise of the termination option under this Section E-4.1.2 shall not diminish the performing Party’s rights to collect damages for such Non-Performance under Section E-4.1.1, or to avail itself of remedies for other Events of Default.
E-4.2 Purchaser Non-Performance. “Non-Performance” with respect to Purchaser means Purchaser’s failure to receive energy that it had scheduled for receipt under this Service Schedule and the Confirmation.
E-4.2.1 Seller Entitlement to Damages. In the event of Non-Performance by Purchaser, Purchaser shall pay damages to Purchaser calculated in accordance with Section
21.3 of the Agreement.
E-4.2.2 Seller Option to Terminate. Seller shall have an option to declare any instance of Purchaser’s Non-Performance under Section E-4.2 an Event of Default under the Agreement and the remedies for an Event of Default under Section 22.2(b) of the Agreement shall apply (excluding Section 22.2(a)), provided that the right to terminate transactions for such Non-Performance shall be limited to transactions
under this Service Schedule E. Exercise of the termination option under this Section E-4.2.2 shall not diminish the performing Party’s rights to collect damages for such Non-Performance under Section E-4.2.1, or to avail itself of remedies for other Events of Default.
E-4.3 Termination under Section E-4.1.2 or E-4.2.2 shall become effective immediately upon receipt by the non-performing Party of the Performing Party’s written notice thereof, which notice shall specify the Non-Performance. If the Performing Party fails to exercise its termination option arising from an instance of Non-Performance under Section E-4.1.2 or E-4.2.2 within thirty (30) days following the date the option to terminate arose, then solely with respect to that instance of Non-Performance, the termination option shall cease to be available to the Performing Party.
E-4.4 Nothing in this Service Schedule shall restrict the right of either Party to avail itself of other remedies provided in the Agreement.
SERVICE SCHEDULE R
RENEWABLE ENERGY CERTIFICATE TRANSACTIONS
WITH AND WITHOUT ENERGY
R-1 Introduction; Transaction Documentation; and Rules of Construction. This Service Schedule R states terms and conditions applicable to REC Transactions entered into by Parties under the Agreement.
R-1.1 Documentation. Each REC Transaction shall be documented in a Confirmation.
Annex 2 is a Confirmation template, which the Parties may modify and make subject to any other agreement between them. A Confirmation for a REC Transaction will be given legal effect only if a Documentary Writing.
R-1.2 Contract Documents. The Agreement, Service Schedule R, and the fully executed Confirmation comprise a contract for a REC Transaction. Any conflicts between or among the Agreement, Service Schedule R, and the Confirmation shall be resolved in the following order of control: first, the Confirmation; second, Service Schedule R; and third, the Agreement.
R-1.3 Definitions. Definitions contained in the Agreement and Annex 1 apply to this Service Schedule R. Any conflicts among definitions contained in these documents shall be resolved in accordance with Section R-1.2.
R-1.4 Rules of Construction.
R-1.4.1The Annexes of Service Schedule R are incorporated into and made a part of this Service Schedule R, as though set forth fully herein.
R-1.4.2The word “including” shall mean “including but not limited to.” Unless otherwise specified, the word “Section” refers to a section of this Service Schedule R and includes all subparts of the specified section.
R-1.4.3Subject to any legal restrictions applicable to a Party, the Parties to a REC Transaction may vary any term or condition of this Service Schedule R for that REC Transaction. Provisions in this Service Schedule R concerning such variance of terms, such as “unless otherwise agreed,” shall not prejudice the generality of the preceding sentence, provided, that the Parties shall not vary Section C-3.6 of Service Schedule C, Section B-3.6 of Service Schedule B, and Section A-3.7 of Service Schedule A.
R-1.4.4An Applicable Program shall be applicable to a REC Transaction only if designated expressly in the Confirmation. No rule of contract construction or interpretation, and no inference or implication, shall cause an Applicable Program that is not designated expressly in the Confirmation to be applicable to a REC Transaction.
R-2 Confirmations; REC Products.
R-2.1 REC Transaction. A “REC Transaction” is a purchase and sale of a REC separately from or bundled with Energy. A REC Transaction may be for the purchase and sale of any REC Product defined in Section R-2.3 or another REC Product the Parties may define.
R-2.2 Confirmations. In addition to other terms and conditions to which the Parties may agree, the Confirmation:
R-2.2.1must include the following terms: REC Product, Contract Quantity, Contract Price, Vintage, and Transfer Date, and whether the Environmental Attributes covered by the REC are All Attributes, Program Attributes, or other coverage the Parties may specify;
R-2.2.2for a bundled REC Transaction (Firm Bundled REC, Resource Contingent Bundled REC, or Facility As-Run Bundled REC), may include a single Contract Price which may be allocated between the REC and the Energy;
R-2.2.3must identify the Renewable Energy Facility or Renewable Energy Source if the REC Transaction is All Attributes (Section R-2.4.1) or Program Attributes (Section R-2.4.2), if a designated Applicable Program requires such identification, or if the REC Product is Resource Contingent Bundled REC or Facility As-Run Bundled REC;
R-2.2.4must designate an Applicable Program if the REC Transaction is Program Attributes, the Seller is to assure compliance with an Applicable Program (Sections R-5.2.1, 6.3, and 6.4), or to recover penalties and alternative compliance payments (Section R-9.1), and if the REC Transaction is All Attributes, may designate an Applicable Program (Section 2.4.1).
R-2.3 REC Products. A “REC Product” is any of the following defined products or other product specified in the Confirmation.
R-2.3.1 Firm REC. A “Firm REC” is a REC purchased and sold in a transaction that does not include the sale or purchase of energy. The Seller has a firm obligation to Deliver the REC pursuant to the Confirmation. A remedy for non-performance is available under Section R-9, except in the event and to the extent of Uncontrollable Force.
R-2.3.2 Firm Bundled REC. A “Firm Bundled REC” is a REC purchased and sold in a transaction that includes the purchase and sale of Energy. The
Seller has a firm obligation to Deliver the REC and Energy pursuant to the Confirmation. A remedy for non-performance is available under Section R-9, except in the event and to the extent of Uncontrollable Force. The terms and conditions of Service Schedule C apply to the purchase and sale of Energy associated with a Firm Bundled REC as the Parties may modify such terms and conditions in the Confirmation, subject to the proviso stated in Section R-1.4.3. The hourly rate caps identified in Section C-3.6 of Service Schedule C shall apply, except (1) where the Seller is a FERC regulated “public utility” as defined in Section 201(e) of the Federal Power Act, 16 U.S.C. § 824(e), and that Seller has been authorized to sell power like that provided for in Service Schedule C at market-based rates; or (2) where the Seller is not such a FERC regulated “public utility.” When such hourly rate caps apply, (a) if the Contract Price is allocated between the REC and the Energy, the hourly rate caps shall apply to the Contract Price for the Energy and not the REC; and (b) if the Contract Price is not allocated between the REC and the Energy, the hourly rate caps shall apply to the bundled Contract Price.
R-2.3.3 Resource Contingent REC. A “Resource Contingent REC” is a REC purchased and sold in a transaction that does not include the sale or purchase of Energy. The Seller has a resource contingent obligation to Deliver the REC pursuant to the Confirmation. A remedy for non- performance is available under Section R-9, except in the event and to the extent: (i) of Uncontrollable Force; (ii) the Renewable Energy
Facility identified in the Confirmation was not on line to produce energy required for the REC due to Forced Outage, Scheduled Maintenance, or Fuel Impediment; or (iii) of the occurrence of such other circumstances to which the Parties may have agreed in the Confirmation, resulting in a reduction of output or unavailability to produce energy required for the REC. In the event and to the extent of an outage under (ii) or, if applicable, (iii), the resulting reduction in output for the applicable hour shall be allocated among all purchasers of RECs from the Renewable Energy Facility who are identified in the Confirmation (including purchasers identified under any provisions in the Confirmation allowing for subsequent identification) in accordance with any priorities or shares stated in the Confirmation, and if no priorities or shares are stated in the Confirmation, then proportionately in accordance with such purchasers’ contract quantities under contracts with Seller.
R-2.3.4 Resource Contingent Bundled REC.
(a) A “Resource Contingent Bundled REC” is a REC purchased and sold in a transaction that includes the purchase and sale of Energy. The Seller has a resource contingent obligation to Deliver the REC and Energy pursuant to the Confirmation. A remedy for non-performance is available under Section R-9, except in the event and to the extent: (i) of Uncontrollable Force; (ii) the Renewable Energy Facility identified in the
Confirmation was not on line to produce energy required for the REC or Delivery, due to Forced Outage, Scheduled
Maintenance, or Fuel Impediment; or (iii) of the occurrence of such other circumstances to which the Parties agreed in the Confirmation, resulting in a reduction of output or unavailability to produce energy required for the REC or Delivery. In the event and to the extent of an outage under (ii) or, if applicable, (iii), the resulting reduction in output for the applicable hour shall be allocated among all purchasers of RECs and energy from the Renewable Energy Facility who are identified in the
Confirmation (including purchasers identified under any provisions in the Confirmation allowing for subsequent
identification) in accordance with any priorities or shares stated in the Confirmation, and if no priorities or shares are stated in the Confirmation, then proportionately in accordance with such purchasers’ contract quantities under contracts with Seller. (b) The terms and conditions of Service Schedule B apply to the purchase and sale of Energy associated with a Resource
Contingent Bundled REC as modified herein and as may be modified in the Confirmation, subject to the proviso stated in Section R-1.4.3. The hourly rate caps identified in Section B-
3.6 of Service Schedule B shall apply, except (1) where the Seller is a FERC regulated “public utility” as defined in Section 201(e) of the Federal Power Act, 16 U.S.C. § 824(e), and that Seller has been authorized to sell power like that provided for in Service Schedule B at market-based rates; or (2) where the Seller
is not such a FERC regulated “public utility.” When such hourly rate caps apply, (a) if the Contract Price is allocated between the REC and the Energy, the hourly rate caps shall apply to the Contract Price for the Energy and not the REC; and (b) if the Contract Price is not allocated between the REC and the Energy, the hourly rate caps shall apply to the bundled Contract Price.
Service Schedule B Section B-3.8 is modified to state the following:
Energy schedules for the Purchaser's share of a
Renewable Energy Facility may be modified by the
Purchaser with not less than a thirty (30) minute notice before the hour in which the modification is to occur,
unless otherwise agreed or unforeseen system operating
conditions occur, or as otherwise required by, or
pursuant to customary practice in, the applicable regional reliability council. A reduction in the energy schedule shall be made commensurately for the REC requirement
for the applicable hour. Seller shall notify Purchaser of volumes to be delivered no later than thirty (30) minutes before the hour in which delivery is to occur unless
otherwise agreed or such notification is infeasible due to unforeseen system operating conditions. Seller shall
timely notify the Purchaser of Scheduled Maintenance.
The following is added at the end of Section B-3.9:
(f) By the Seller when all or a portion of the unit is
unavailable due to Fuel Impediment, unless otherwise
agreed by the schedulers.
R-2.3.5 Facility As-Run REC. A “Facility As-Run REC” is a REC purchased and sold in a transaction that does not include the sale or purchase of Energy. The Seller is obligated to Deliver the REC pursuant to the Confirmation. A remedy for non-performance is available under Section R-9, except in the event and to the extent that, for any reason or no reason, the Renewable Energy Facility identified in the Confirmation was not on line to produce energy required for the REC. If the Renewable Energy Facility designated in the Confirmation is not operated, the resulting reduction in output for the applicable hour shall be allocated among all purchasers of RECs from the Renewable Energy Facility who are identified in the Confirmation (including purchasers identified under any provisions in the Confirmation allowing for subsequent identification) in accordance with any priorities or shares stated in the Confirmation, and if no priorities or shares are stated in the Confirmation, then proportionately in accordance with such purchasers’ contract quantities under contracts with Seller.
R-2.3.6 Facility As-Run Bundled REC.
(a) A “Facility As-Run Bundled REC” is a REC purchased and sold in a transaction that includes the purchase and sale of Energy.
The Seller has an obligation to Deliver the REC and Energy pursuant to the Confirmation. A remedy for non-performance is
available under Section R-9, except in the event and to the extent that, for any reason or no reason, the Renewable Energy Facility identified in the Confirmation was not on line to produce energy required for the REC or Delivery. If the Renewable Energy Facility designated in the Confirmation is not operated, the resulting reduction in output for the applicable hour shall be allocated among all purchasers of RECs and energy from the Renewable Energy Facility who are identified in the
Confirmation (including purchasers identified under any provisions in the Confirmation allowing for subsequent
identification) in accordance with any priorities or shares stated in the Confirmation, and if no priorities or shares are stated in the Confirmation, then proportionately in accordance with such purchasers’ contract quantities under contracts with Seller. (b) The terms and conditions of Service Schedule A apply to the purchase and sale of Energy associated with a Facility As-Run Bundled REC as modified herein and as may be modified in the Confirmation, subject to the proviso stated in Section R-1.4.3.
The hourly rate caps identified in Section A-3.7 of Service Schedule A shall apply, except (1) where the Seller is a FERC regulated “public utility” as defined in Section 201(e) of the Federal Power Act, 16 U.S.C. § 824(e), and that Seller has been authorized to sell power like that provided for in Service Schedule A at market-based rates; or (2) where the Seller is not
such a FERC regulated “public utility.” When such hourly rate caps apply, (a) if the Contract Price is allocated between the REC and the Energy, the hourly rate caps shall apply to the Contract Price for the Energy and not the REC; and (b) if the Contract Price is not allocated between the REC and the Energy, the hourly rate caps shall apply to the bundled Contract Price.
Service Schedule A Section A-3.3 is modified to state the following:
Energy schedules may be modified by the Purchaser or
Seller with not less than a thirty (30) minute notice
before the hour in which the modification is to occur,
unless otherwise agreed or unforeseen system operating
conditions occur, or as otherwise required by, or
pursuant to customary practice in, the applicable regional reliability council. A reduction in the energy schedule shall be made commensurately for the REC requirement
for the applicable hour. Seller shall notify Purchaser of volumes to be delivered no later than thirty (30) minutes before the hour in which delivery is to occur unless
otherwise agreed or such notification is infeasible due to unforeseen system operating conditions.
R-2.4 Environmental Attributes Contained In The REC. The Confirmation may describe the Environmental Attributes covered by the REC as All Attributes, Program Attributes, or as the Parties otherwise may agree. If the Confirmation does
not designate a REC Transaction as Program Attributes or otherwise limit the Environmental Attributes conveyed, and if a Renewable Energy Facility or Renewable Energy Source is specified, the REC Transaction shall be All Attributes.
A designation of All Attributes will not be effective unless a Renewable Energy Facility or Renewable Energy Source is designated in the Confirmation.
R-2.4.1 All Attributes. An “All Attributes” REC conveys all of the Environmental Attributes the Renewable Energy Facility or Renewable Energy Source designated in the Confirmation is capable of producing, whether known or unknown on the Effective Date, including, at a minimum, all Environmental Attributes required by any Applicable Program designated in the Confirmation. Seller disclaims any warranty that Environmental Attributes other than those required by an Applicable Program designated in the Confirmation fulfill the requirements of any other Applicable Program. To establish the Environmental Attributes conveyed, the Confirmation may include a specification thereof.
R-2.4.2 Program Attributes. A “Program Attributes” REC conveys the Environmental Attributes required by an Applicable Program designated in the Confirmation. It conveys no other Environmental Attributes, the rights to which are retained by the Seller. The Parties should verify that a designated Tracking System will recognize a Program Attributes REC. (Note, WREGIS does not recognize a Program Attributes limitation upon conveyed Environmental Attributes.)
R-3 Delivery and Title.
R-3.1 Unbundled REC Transactions. This Section R-3.1 applies if the REC Product is a Firm REC, Resource Contingent REC, or Facility As-Run REC.
R-3.1.1 Delivery. “Deliver(y)(ed)” occurs upon completion of Seller’s transfer of the Contract Quantity to Purchaser. If a Tracking System is designated in the Confirmation, Seller shall cause transfer in accordance with the rules and procedures of the Tracking System. If the Tracking System does not state such rules or procedures, then Delivery shall occur upon the Tracking System’s transfer of the REC into Purchaser’s account. If a Tracking System is not designated in the Confirmation, Delivery is completed upon Seller’s delivery to Purchaser of an Attestation.
R-3.1.2 Acceptance. “Accept(ance)(ed)” means Purchaser’s receipt of Delivery of the REC from Seller, without Purchaser’s rejection. If a Tracking System is designated in the Confirmation, Purchaser shall receive a transfer in accordance with the rules and procedures of the Tracking System, and Acceptance (or rejection) shall be made within five (5) Business Days following the date the Tracking System gives electronic notice to Purchaser that it has initiated transfer (this deadline applies regardless of any different period stated in the Tracking System’s rules and procedures) and if timely rejection is not made, then the Delivery is Accepted. If a Tracking System is not designated in the Confirmation, Acceptance occurs upon Purchaser’s Acceptance,
without rejection within five (5) Business Days of delivery, of the Attestation delivered by Seller.
R-3.1.3 Passage of Title. Title to the REC shall pass from Seller to Purchaser upon Delivery and Acceptance.
R-3.2 Bundled REC Transactions. This Section R-3.2 applies if the REC Product is a Firm Bundled REC, Resource Contingent Bundled REC, or Facility As-Run Bundled REC.
R-3.2.1 Delivery. “Delivery(y)(ed)” occurs upon completion of Seller’s transfer to Purchaser of the Contract Quantity of the REC and the Contract Quantity of the Energy. Delivery of the REC shall be completed in accordance with Section R-3.1.1. Delivery of Energy shall be completed in accordance with the terms and conditions of the Confirmation and the Agreement.
R-3.2.2 Acceptance. “Acceptance” of the REC occurs in the manner specified in Section R-3.1.2, and of the Energy upon receipt at the delivery point in accordance with the Confirmation.
R-3.2.3 Passage of Title. If the Vintage of the REC is prior to the Effective Date, title to the REC passes from Seller to Purchaser on the Effective Date or other date to which the Parties agree. If the REC is to be generated on or after the Effective Date, title to the REC passes upon the generation of each megawatt hour of energy required for production of the REC, and Seller shall hold the REC in trust for Purchaser until Delivery. Passage of title to Energy occurs pursuant to the Agreement.
R-3.3 Actions Required of Parties to Assure Delivery.
R-3.3.1 Provision of Generation Information; Required Actions. No less than monthly, Seller shall provide Purchaser with a written statement setting forth for applicable periods the quantities of Seller’s generation of energy for production of the REC. Seller shall promptly take all actions and do all things necessary and appropriate to cause the designated Tracking System, if any, to transfer the REC to Purchaser, including promptly providing all required information and documents in the required forms, and paying any and all fees the Tracking System imposes on Seller. If the Confirmation provides for a designated Tracking System to expedite issuance of certificates (for example, forward transfer certificates in WREGIS), Seller shall promptly take all actions required to cause such expedition. If no Tracking System is designated in the Confirmation, then upon creation of the REC Seller shall promptly deliver the Attestation to Purchaser.
R-3.3.2 Failure to Issue REC. Seller is responsible for transfer and issuance of RECs by the Tracking System; Purchaser’s sole responsibilities are maintenance of an account with the Tracking System and Acceptance of conforming RECs pursuant to Section R-3.1.2. Without prejudice to the immediately preceding sentence, in the event a Tracking System designated in the Confirmation declines to issue an electronic credit or physical certificate to document the attempted transfer, Delivery, or Acceptance of a REC, each Party will provide the other Party with all documents, communications, and information sent to or received from the Tracking System that pertain thereto. The Parties will cooperate,
and each Party will complete any uncompleted items for which it is responsible, each at its own expense. If following such efforts, and due to no failure of Seller to take all required actions, the Tracking System does not issue the electronic credit or physical certificate to document the attempted transfer, Delivery, or Acceptance of the REC, Seller may, upon Purchaser’s agreement (which Purchaser may decline in its discretion), provide an Attestation to Purchaser to effect Delivery. The obligations under this Section R-3.3.2 shall not be construed to diminish the Seller or the Purchaser’s respective rights and obligations under the Agreement, Service Schedule R, and the Confirmation.
R-3.4 Conveyance and Transfer. As of both Delivery and passage of title, Seller shall transfer and convey to Purchaser all right, title, and interest in and to the REC and all Environmental Attributes underlying the REC pursuant to the Confirmation, and the exclusive right to any and all Reporting Rights Seller may have in or to the REC and the Environmental Attributes, free and clear of any liens, security interests, or other encumbrances.
R-4 Charges; Credit. The charge shall be an amount equal to the Contract Price multiplied by the Delivered and Accepted quantity, without prejudice to the right to recover damages owed in accordance with Section R-9. The Parties may state any credit terms and conditions to which they agree in the Confirmation; Section 27 of the Agreement applies unless otherwise agreed.
R-5 Governing Law; Change in Law.
R-5.1 Governing Law. Section 24 of the Agreement applies except as follows. If an Applicable Program is designated in the Confirmation, all performance obligations
pursuant to the REC Transaction concerning the creation, issuance, transfer, tracking and retirement of the REC shall be governed as follows:
R-5.1.1If the Applicable Program was created by the laws of a Governmental Authority, then by the laws, rules, regulations, orders, and judicial precedent of such Governmental Authority;
R-5.1.2If the Applicable Program was not created by the laws of a Governmental Authority, but is a voluntary program, then Section 24 of the Agreement applies without modification, and the Parties shall be bound contractually to comply with the standards and criteria of the voluntary Applicable Program.
R-5.2 Change in Law.
R-5.2.1 Applicability. Section R-5.2 applies only to REC Transactions for which an Applicable Program is designated in the Confirmation. In a REC Transaction for which no Applicable Program is designated, Seller makes no representation or warranty concerning compliance with any particular Applicable Program and any such representation or warranty is expressly disclaimed.
R-5.2.2 Definitions.
(a) “Change in Law” means any addition or amendment, by a Governmental Authority, to any laws, rules, regulations, orders, or judicial precedent, that applies to an Applicable Program designated in the Confirmation, that is enacted or issued after the Effective Date and nullifies compliance of the REC with the Applicable Program. An addition or amendment that is enacted
or issued before the Effective Date but effective on or after the Effective Date is not a Change in Law.
(b) “Regulatorily Continuing” means a REC Transaction in which the REC and Environmental Attributes conform to the
requirements of an Applicable Program designated in the Confirmation as such requirements exist on the Effective Date and the Transfer Date, including requirements modified or added by a Change in Law.
(c) “Not Regulatorily Continuing” means a REC Transaction in which the REC and Environmental Attributes conform to the requirements of an Applicable Program designated in the Confirmation as such requirements exist on the Effective Date only, and the REC and Environmental Attributes are not
required to conform to requirements modified or added by a Change in Law.
R-5.2.3 Default Designation as Regulatorily Continuing. A REC Transaction as to which an Applicable Program is designated in the Confirmation shall be Regulatorily Continuing unless the Parties specify in the Confirmation that the REC Transaction is Not Regulatorily Continuing.
R-5.2.4 Effect of Change In Law in Regulatorily Continuing REC Transaction.
(a) If a Change in Law occurs in a Regulatorily Continuing REC Transaction, Seller shall be obligated to make reasonable efforts to attain compliance with the designated Applicable Program,
the costs of which shall not be required to exceed any cost cap specified in the Confirmation. If despite such efforts to attain compliance, including reasonable expenditures, Seller cannot obtain compliance and Purchaser refuses to accept Delivery of the REC due to the Change in Law, Seller shall not be liable for damages under Section R-9.
(b) In the event Purchaser refuses to accept Delivery of the REC under Section 5.2.4(a), and Seller has Delivered energy to Purchaser in the REC Transaction, Purchaser shall not be relieved of its obligation to pay for such energy, which payment shall be either at the price allocated to energy in the Confirmation, if any, and if no allocation is made, then at an amount equal to the Replacement Price.
R-5.2.5 Amendment to Address Change In Law. Nothing in this Section R-
5.2 shall be construed to preclude the Parties from agreeing to amend the Confirmation to permit a Seller to perform its obligations in a REC Transaction as to which a Change in Law has occurred.
R-6 Seller Representations and Warranties. In each REC Transaction, Seller represents and warrants to Purchaser the following:
R-6.1As of both Delivery and passage of title, Seller has and conveys to Purchaser all right, title, interest in and to the REC and all Environmental Attributes underlying the REC as required by the Confirmation, and the exclusive right to any and all Reporting Rights Seller may have in or to the REC and Environmental Attributes, free and clear of any liens, security interests, or other encumbrances.
R-6.2As of both Delivery and passage of title, the REC and Environmental Attributes conform to the requirements of the REC Transaction.
R-6.3If the REC Transaction is Regulatorily Continuing (and an Applicable Program is designated in the Confirmation), subject to any limits upon Seller’s obligations under Section R-5.2.4, as of both Delivery and passage of title, that the REC and Environmental Attributes conform to the requirements of the designated Applicable Program as such requirements exist on the Effective Date and the Transfer Date.
R-6.4If the REC Transaction is Not Regulatorily Continuing (and an Applicable Program is designated in the Confirmation), as of both Delivery and passage of title, that the REC and Environmental Attributes conform to the requirements of the designated Applicable Program as such requirements exist on the Effective Date.
R-6.5With respect to deliveries of Energy in REC Transactions for Firm Bundled REC, Contingent Resource Bundled REC, and Facility As-Run Bundled REC, that Seller has complied with the representations and warranties stated in Section 33 of the Agreement.
SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
R-7 Records; Confidentiality
R-7.1 Correction of Records. If any statement, charge or computation concerning a REC Transaction is inaccurate, the Parties promptly shall make any adjustments to records as reasonably necessary to correct such inaccuracy, and make any adjustment of payments required to correspond to the corrected records, provided,
that Purchaser shall not be required to pay a higher Contract Price or accept a lower Contract Quantity than the Confirmation requires.
R-7.2 Exception to Confidentiality. Purchaser has the right to disclose to any Governmental Authority having jurisdiction over Purchaser, or to any voluntary Applicable Program and the person or entity specified by the rules of procedures of the voluntary Applicable Program to perform certification, any information necessary to demonstrate Purchaser’s compliance with an Applicable Program (whether or not designated in the Confirmation); provided, however, that Purchaser shall use reasonable efforts to minimize the scope of any such disclosure and shall require, as may be feasible, that the recipient maintain the confidentiality of any documents or confidential information governed by the provisions of Section 30.1 of the Agreement, including, if permitted under applicable procedures of the Governmental Authority or such administrator, and subject to any applicable public records laws, seeking a protective order or similar protective mechanism in connection with any disclosure. With respect to a REC, Purchaser also has the right to disclose the following to any customer or affiliate of Purchaser that is participating in any voluntary or mandatory Applicable Program: the Renewable Energy Source, the location of any Renewable Energy Facility designated in the Confirmation, and monthly generation quantities of energy underlying the REC.
R-8 Uncontrollable Force. The following is substituted for the first sentence of the second paragraph of Section 10 of the Agreement:
The following shall not be considered “Uncontrollable Forces”: (i) Seller’s cost of producing or obtaining the REC or energy (or ability to sell the REC or energy at a price exceeding the Contract Price); (ii) the loss or failure of Seller’s supply,
including materials or equipment; or (iii) Purchaser’s inability economically to use or resell the REC or energy.
The following is added at the end of the second paragraph of Section 10 of the Agreement:
If production of energy at a Renewable Energy Facility designated in the Confirmation is curtailed due to an Uncontrollable Force, any production during the period of such curtailment shall be allocated as follows: first, among all purchasers of Firm RECs, Firm Bundled RECs, Resource Contingent RECs, Resource Contingent Bundled RECs, and energy purchased under Service Schedules B and C, proportionately to such purchasers’ contract quantities under contracts with Seller during such period and subject to any priorities or shares stated in the Confirmation, and second, to all purchasers of Facility As-Run RECs, Facility As-Run Bundled RECs and energy purchased under Service Schedule A, proportionately to such purchasers’ contract quantities under contracts with Seller during such period and subject to any priorities or shares stated in the Confirmation.
R-9 Remedies for Non-Performance.
R-9.1 Damages. Section 21.3 of the Agreement, as modified in this Section 9, applies to REC Transactions.
R-9.1.1 Failure to Receive or Deliver in Unbundled REC Transactions. This Section R-9.1.1 applies to REC Transactions for Firm REC, Resource Contingent REC, and Facility As-Run REC. Section 21.3(a)(3) and (5) of the Agreement are inapplicable. Section 21.3(a)(1) of the Agreement is modified as follows:
If Purchaser refuses to Accept Delivery of RECs Delivered by Seller in accordance with the Confirmation, then Purchaser shall
be liable to Seller for the product of (i) and (ii) where (i) is the amount, if any, by which the Contract Price exceeded the Resale Price and (ii) is the amount by which the quantity of RECs Purchaser refused to Accept was less than the Contract Quantity, subject to any limitations stated in the Confirmation.
21.3(a)(2) is modified as follows:
If Seller fails to Deliver RECs to Purchaser in accordance with the Confirmation, then Seller shall be liable to Purchaser for: (a) the product of (i) and (ii) where (i) is the amount, if any, by which the Replacement Price exceeded the Contract Price and (ii) is the amount by which the quantity of RECs Seller Delivered was less than the Contract Quantity; plus (b) if an Applicable Program is specified, the amount, if any, of penalties and alternative compliance payments a Governmental Authority required Purchaser to pay due to Seller’s non-performance, and which penalties or alternative compliance payments are no longer subject to judicial review, subject to any limitations stated in the Confirmation.
R-9.1.2 Failure to Receive or Deliver in Bundled REC Transactions. (a) Price Not Allocated between REC and Energy. This Section R-9.1.2(a) applies to REC Transactions for Firm Bundled REC, Resource Contingent Bundled REC, and Facility As-Run
Bundled REC, and in which the Confirmation does not allocate
the Contract Price between the REC and Energy. Section
21.3(a)(1) of the Agreement is modified as follows:
If Purchaser refuses to Accept Delivery from Seller in
accordance with the Confirmation, then Purchaser shall be liable to Seller for: (a) the product of (i) and (ii) where (i) is the amount, if any, by which the Contract Price exceeded the Resale Price, and (ii) is the amount by which the quantity of RECs and Energy Purchaser refused to Accept was less than the Contract Quantity, plus (b) the amount of transmission charge(s), if any, for firm transmission service upstream of the delivery point, which Seller incurred to achieve the Resale Price, less the reduction, if any, in transmission charge(s) achieved as a result of the reduction in Purchaser’s schedule or receipt of Energy (based on Seller’s
commercially reasonable efforts to achieve such reduction), subject to any limitations stated in the Confirmation. If the Purchaser refused to Accept Delivery of RECs but Accepted Delivery of Energy, then Purchaser shall pay Seller for such received Energy at the Resale Price of the Energy; if the Purchaser refused to Accept Delivery of Energy but
Accepted Delivery of RECs, the Purchaser shall pay Seller for Accepted RECs at an amount equal to the Contract Price less the Resale Price of the Energy.
Section 21.3(a)(2) of the Agreement is modified as follows:
If Seller fails to Deliver to Purchaser in accordance with the Confirmation, then Seller shall be liable to the Purchaser for:
(a) the product of (i) and (ii) where (i) is the amount, if any, by which the Replacement Price exceeded the Contract
Price, and (ii) is the amount by which the quantity of RECs and Energy Delivered was less than the Contract Quantity; plus (b) the amount of transmission charge(s), if any, for firm transmission service downstream of the delivery point,
which Purchaser incurred to achieve the Replacement Price, less the reduction, if any, in transmission charge(s) achieved as a result of the reduction in Seller’s schedule or delivery of Energy (based on Purchaser’s commercially reasonable
efforts to achieve such reduction), plus (c) if an Applicable Program is specified, the amount, if any, of penalties and alternative compliance payments a Governmental Authority required Purchaser to pay due to Seller’s non-performance, and which penalties or alternative compliance payments are no longer subject to judicial review, subject to any
limitations on such amounts stated in the Confirmation. In the event Seller Delivers Energy but not RECs, and
regardless of Purchaser’s receipt of Energy, Purchaser shall not be required to pay Seller for such Energy.
(b) Price Allocated between REC and Energy. This Section R-
9.1.2(b) applies to REC Transactions for Firm Bundled REC,
Resource Contingent Bundled REC, and Facility As-Run
Bundled REC, in which the Confirmation sets forth an allocation of the Contract Price between the REC and energy.
(i) If Purchaser refuses to Accept Delivery of RECs in
accordance with the Confirmation, then Purchaser shall
be liable to Seller as set forth in Section R-9.1.1.
(ii) Subject to part (v) of this Section, if Seller fails to Deliver RECs in accordance with the Confirmation, then
the Seller shall be liable to Purchaser as set forth in Section R-9.1.1.
(iii) If Purchaser refuses to receive Delivery of Energy in accordance with the Confirmation, then Section 21.3(a)
of the Agreement shall apply as set forth in the
Agreement without modification by this Service
Schedule R.
(iv) If Seller fails to Deliver Energy in accordance with the Confirmation, then Section 21.3(a) of the Agreement
shall apply as set forth in the Agreement without
modification by this Service Schedule R.
(v) In the event Seller Delivers Energy but fails to Deliver RECs, and regardless of Purchaser’s receipt of Energy,
Purchaser shall not be required to pay Seller for such
Energy.
R-10 Other Modifications of the Agreement for REC Transactions.
R-10.1 Revised Agreement Definitions. For purposes of REC Transactions, the following revisions to definitions contained in Section 4 of the Agreement shall apply:
R-10.1.1 Contract Quantity: The amount of RECs and, if applicable, Energy, to be supplied for a transaction under the Agreement.
R-10.1.2 Power Marketer: An entity which buys, sells, and takes title to RECS, electric energy, transmission and/or other services from traditional utilities and other suppliers.
R-10.1.3 Physically Settled Option: Includes (i) a call option which is the right, but not the obligation, to buy an underlying REC and/or power product as defined under Service Schedule R according to the price and exercise terms set forth in the Confirmation; and (ii) a put option which is the right, but not the obligation, to sell an underlying REC or power product as defined under Service Schedule R according to the price and exercise terms set forth in the Confirmation.
R-10.1.4 Replacement Price: The price at which the Purchaser, acting in a commercially reasonable manner, effects a purchase of substitute REC(s), capacity and/or energy in place of the REC(s), capacity and/or energy not Delivered (for REC(s) and/or energy) or made available (for capacity only) by the Seller or, absent such a purchase, the market price for such quantity of REC(s), capacity and/or energy, as determined by the Purchaser in a commercially reasonable manner, for Energy at the delivery point specified in the Confirmation. Substitute REC(s) must
be similar in all material respects to the REC(s) specified in the Confirmation.
R-10.1.5 Resale Price: The price at which the Seller, acting in a commercially reasonable manner, effects a resale of the REC(s), capacity and/or energy not received by the Purchaser or, absent such a resale, the market price for such quantity of REC(s), capacity and/or energy, as determined by the Seller in a commercially reasonable manner, for Energy at the delivery point specified for the transaction in a Confirmation.
R-10.2 Notices. Section 12.2 of the Agreement is revised by inserting “RECs or” before the phrase “capacity and/or energy.”
SERVICE SCHEDULE R
ANNEX 1 - DEFINITIONS
“Acceptance” has the meaning given in Sections R-3.1.2 or R-3.2.2, as applicable. “All Attributes” has the meaning given in Section R-2.4.1. “Applicable Program” means (a) a program adopted by a Governmental Authority that requires the sale, purchase, or use of energy generated or produced by a facility that converts renewable natural resources such as wind, sunlight, rain, tides, geothermal heat, hydro, or biomass into electric energy, including any Renewable Portfolio Standard (RPS) adopted by a Governmental Authority and all Governing Law that pertains thereto, or (b) a voluntary program for reporting, crediting or attributing RECs and all rules, standards and procedures adopted by the administering organization that pertain thereto.
“Attestation” means (a) the Seller’s written statement, certified as true and correct by an authorized officer of Seller, that the REC is Delivered and title to the REC has been transferred to the Purchaser, and that the Seller has taken all steps to effect transfer of the REC required by any Tracking System designated in the Confirmation, and (b) that satisfies the requirements of any Applicable Program designated in the Confirmation or is a generation information system record of ownership transfer. Annex 2 Exhibit 1 is a template for use of the Parties; an agreed form of Attestation should be included as a part of the Confirmation, and the agreed form will suffice as an Attestation regardless of whether or not it meets the criteria of this definition. “Change in Law” has the meaning given in Section R-5.2.2(a). “Deliver” has the meaning given in Sections R-3.1.1 or 3.2.1, as applicable. “Effective Date” means the date both Parties have executed the Confirmation, or which the Parties otherwise specify in the Confirmation.
“Environmental Attribute” means the following, unless a Tracking System is designated in the Confirmation, and such Tracking System defines “Environmental Attribute,” in which case the Tracking System’s definition of “Environmental Attribute” shall control: a characteristic concerning or affecting the environment created by or resulting from the generation of electric energy by a Renewable Energy Source, and which capable of measurement, verification, or calculation. The term does not include tax credits or other tax benefits under any law or other direct third-party subsidies for generation of electric energy by a Renewable Energy Source. The term includes “non-energy attributes” under Oregon law and “non-power attributes” under Washington law. By way of example, the term may include the following: avoided emissions of CO2 or other gases, or avoided water use (but not water or other rights or credits required under an Applicable Program to site and develop the Renewable Energy Facility itself). “Facility As-Run REC” has the meaning given in Section R-2.3.5. “Facility As-Run Bundled REC” has the meaning given in Section R-2.3.6(a).
“Firm Bundled REC” has the meaning given in Section R-2.3.2. “Energy” in the case of a Firm Bundled REC refers to Firm Capacity/Energy Sale or Exchange Service under Service Schedule C as may be modified by Service Schedule R, in the case of a Resource Contingent Bundled REC refers to Unit Commitment Service under Service Schedule B as may be modified by Service Schedule R, and in the case of Facility As-Run Bundled REC refers to Economy Energy Service under Service Schedule A as may be modified by Service Schedule R.
“Firm REC” has the meaning given in Section R-2.3.1.
“Fuel Impediment” means the reduction or lack of wind or sunlight, excessive wind, or other insufficiency or excess of a Renewable Energy Source (excluding biomass), that causes a reduction or cessation of generation of electric energy by a Renewable Energy Facility. “Forced Outage” means the removal from service availability of a generating unit, transmission line, or other facility for emergency reasons, or the condition in which the equipment is unavailable due to unanticipated failure (such unanticipated failure does not include a Fuel Impediment). “Governing Law” has the meaning given in Section 24 of the Agreement as that Section may be modified by Section R-5.1.
“Governmental Authority” means the United States, a State thereof, any political subdivision or governmental body thereof, including any department or agency, with jurisdiction over a Party or an Applicable Program.
“Not Regulatorily Continuing” has the meaning given in Section R-5.2.2(b). “Program Attributes” has the meaning given in Section R-2.4.2. “Regulatorily Continuing” has the meaning given in Section R-5.2.2(a). “REC” refers to a renewable energy certificate and means a credit or certificate representing Environmental Attributes created by or resulting from the generation of one (1) megawatt hour of electric energy by a Renewable Energy Source, subject to the terms and conditions stated in the Confirmation.
“REC Product” has the meaning given in Section R-2.2.
“REC Transaction” has the meaning given in Section R-2.1.
“Resource Contingent REC” has the meaning given in Section R-2.3.3. “Resource Contingent Bundled REC” has the meaning given in Section R-2.3.4(a).
“Renewable Energy Facility” means an electric generation unit or other facility or installation capable of producing or emitting electric energy using a Renewable Energy Source. “Renewable Energy Source” means (a) a resource that is recognized as a renewable energy source under an Applicable Program designated in the Confirmation, or (b) if no Applicable Program is designated in the Confirmation, a natural resource from or through which electric energy can be generated, including wind, solar, geothermal, landfill gas, wave, tidal, thermal ocean technologies, and hydroelectric power, and excluding fossil carbon-based, non-renewable, or radioactive fuel. “Reporting Rights” means the right to report and register the exclusive ownership of the REC or Environmental Attributes under Governing Law or any other laws, regulations, orders or judicial precedents of the government of the United States of America or any department or agency thereof, or any State or political subdivision thereof, including mandatory and voluntary reporting, and including reporting under section 1605(b) of the Energy Policy Act of 1992 and any foreign or international emissions trading or reporting program.
“Scheduled Maintenance” means an outage or partial outage scheduled to perform the necessary normal maintenance on a generating unit, transmission line, or other facility to preserve the reliability of the unit or overall system reliability, including scheduled outages for such maintenance.
“Tracking System” means the entity, if any, the Parties designated in the Confirmation that will perform REC tracking and accounting functions, including receiving evidence of generation of the REC and crediting the resulting REC to the Purchaser’s account. “Transfer Date” means the date specified in the Confirmation, no later than which Seller must make Delivery as defined in Sections R-3.1.1 or R-3.2.1, as applicable. “Vintage” means the period in which the REC was or will be created.
SERVICE SCHEDULE R ANNEX 2
FORM OF
REC TRANSACTION CONFIRMATION
IDENTIFICATION OF PARTIES
Name of Seller: Name of Purchaser:
_______________________________ ____________________________________ Seller Information: Purchaser Information:
_______________________________ _______________________________ Contact Contact
Tel (O): _____________________ Tel (O): ___________________ Tel (Cell): _____________________ Tel (Cell): ___________________ E-mail: ________________________ E-mail: ________________________ Fax: ________________________ Fax: ________________________ Contact information is subject to change by notice.
ADDRESSES FOR FORMAL NOTCES:
Purchaser: Seller
_____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ INCORPORATED DOCUMENTATION (any “long form” or other bilateral agreements between the Parties applicable to this Confirmation and incorporated herein) ________________________________________________________________
REC TRANSACTION TERMS
REC Product (e.g., Firm REC, Firm Bundled REC, etc.) (see Section R-2.3):
__________________________________________________________
Vintage of REC already created or period of generation for REC to be created (mm/yyyy) __________________________________________________________ Contract Quantity (stated either on a megawatt hour basis or percentage of output of a designated Renewable Energy Facility)
____________________
Transfer Date (generally the Effective Date of this Confirmation for REC that already exists, and future date for REC to be generated after Effective Date) ____________________
Contract Price:
___________________
Allocation, if agreed:
REC:
_________________________
Energy:
_________________________
Environmental Attributes (Check One)
□ All Attributes (this designation is effective only if a Renewable Energy Source or Renewable Energy Facility is designated below)
□ Program Attributes (this designation is effective only if an Applicable Program is identified below) (Note: WREGIS and possibly other Tracking Systems will not recognize a Program Attributes REC, or may treat it as an All Attributes REC) Applicable Program (required for Program Attributes; not required for All Attributes, but designation establishes the minimum Environmental Attributes required by a designated Applicable Program). Also required for recovery of penalties and alternative compliance payments (Section R-9.1). Designation should include detailed information, including any applicable legal citations, to assure adequate description of the program. ______________________________________________________________ Designation of Renewable Energy Source or Renewable Energy Facility (required for All Attributes).
Renewable Energy Source: ___________________________________________ Renewable Energy Facility
Name: _______________________
Location: ___________________________________
Generation Information System number: _________________ Tracking System number: ________________________
Fuel (wind, solar, etc.: __________________
Change in Law Provisions (Check One)
□ Regulatorily Continuing (Section R-5.2.2(b), requiring that Seller make commercial reasonable efforts to obtain compliance with Changes in Law in the designated Applicable Program. If checked, state any agreed maximum costs of such efforts (if no maximum is stated, then no maximum applies):
$______________
□ Not Regulatorily Continuing (Section R-5.2.2(c)).
Tracking System(s) if any: (if none specified, then Delivery occurs by Attestation and not by Tracking System crediting)
Damages. Damages include reimbursement for penalties and alternative compliance payments, subject to any agreed cap on this damages component, which can be zero (Section R-9.1):
$ __________________
Any agreements concerning forward certificates in WREGIS or other Tracking System Expedition ) (Section R-3.3.1):
_______________________________________________________________
TERMS APPLICABLE TO ENERGY IF INCLUDED IN REC PRODUCT
Period (Schedule) of Delivery: From __\__\__ To __\__\__ Schedule (Days and Hours): __________________
Delivery Rate:________________________________
Delivery Point(s): __________________________
Contract Quantity (specify all details): _______________
Transmission Path for the Transaction (If Applicable):__________________
EFFECTIVE DATE AND OTHER PROVISIONS
Effective Date (no earlier than mutual execution of this Confirmation) ______________________________
Other provisions: ________________________________________________ [generally stated in attachment to the Confirmation]
The Parties agree to the REC Transaction set forth herein as of the Effective Date Seller Purchaser
Signed: __________________________
Name: ___________________________
Signed: ____________________________
Name: ____________________________
Date: _______________________ Date: _____________________
ANNEX 2, Exhibit 1
Form of Attestation To Be Included As Exhibit To Confirmation Attestation Of [Seller] (“REC Generator”)
Of Sale, Transfer, and Delivery Of Renewable Energy Certificate to [Purchaser] “Purchaser”
Party and Contact Information:
[Insert names and addresses of Parties, address, and contact information] Attestation:
I, [name of attesting officer], the [title] of Seller, declare and certify that Seller sold and delivered Elect one:
___ Environmental Attributes Only
___ Bundled with electricity
to Purchaser, and further, that
1. Was generated by the Renewable Energy Facility (“REF”) designated below and sold, transferred and delivered, subject to receipt of payment, to Purchaser.
2. Is associated with electricity delivered into the [insert delivery area] in compliance with applicable energy delivery rules.
REF
Generator
Name and
Number
Technology
Type
Fuel Type
(Renewable
Energy
Source)
Generation
Period
(mm/yy)
Generator First
Day of Operation
The above statements are true and correct to the best of my knowledge, and based on my duly diligent inquiry. This Attestation may serve as a Bill of Sale to document, in accordance with the Confirmation, the transfer from Generator to Purchaser of all of Seller’s right, title and interest in and to the REC and environmental attributes it represents, as set forth above.
Either Party may disclose this Attestation to others, including a Tracking System, public utility commissions and other regulatory bodies having jurisdiction over Purchaser, and administrators of voluntary green energy programs, to substantiate and verify the accuracy of the Parties’ compliance, advertising and public claims.
Signature:
___________________________ Date ____________________ Print Name: ___________________________
SCHEDULE Q
FERC ACCEPTED SELLER-SPECIFIC COST-BASED RATE SCHEDULES Note: Each rate schedule included in this Schedule Q is applicable solely to the Member which submitted that rate schedule to FERC, and not to any other Member.
INDEX
Name of Member FERC Order Re Underlying Rate Schedule
Arizona Public Service Company Letter Order, Docket No. ER16-1877-000 (July 15, 2016) Nevada Power Company Letter Order, Docket No. ER11-1832-000 (Nov. 23, 2010) PacifiCorp Letter Order, Docket No. ER16-1964-000 (Aug. 16, 2016) Public Service Company Letter Order, Docket No. ER15-678-000 (Feb. 4, 2015) of Colorado
Sierra Pacific Power Company Letter Order, Docket No. ER14-1420-000 (Apr. 15, 2014) Southwestern Public Service Letter Order, Docket No. ER08-857-001 (Aug. 28, 2008) Company
Westar Energy, Inc. Letter Order, Docket No. ER11-3233-000 (May 26, 2011)
WSPP AGREEMENT SCHEDULE Q FOR ARIZONA PUBLIC SERVICE COMPANY Determination of Ceiling Rates Applicable to Sales Made by Arizona Public Service Company Under the WSPP Agreement
I.DEFINITIONS
The following terms shall have the specified meaning when used in any Transaction between Arizona Public Service Company (“APS”) and any Customer pursuant to this Cost-Based Tariff (“Tariff”):
1.APS: Arizona Public Service Company or any successor-in-interest to Arizona Public Service Company.
2.Commission: The Federal Energy Regulatory Commission, or any successor federal agency having jurisdiction over this tariff.
3.Customer: Any entity entering into a Transaction with APS under this Tariff.
4.System Incremental Cost: (“SIC”) System Incremental Cost means, with respect to a Transaction, all reasonably forecasted incremental generation, power purchase, and other, related costs that APS would not otherwise incur if such Transaction is not entered into. System Incremental Cost shall include, but not be limited to, costs associated with fuel, labor, variable operation and maintenance, start-up, shut- down, fuel handling, regulatory commission charges, emission allowance and other environmental compliance costs, transmission losses, wheeling charges, any applicable taxes or assessments based on the revenues received or quantities sold under the Transaction, and with respect to capacity and energy purchased from a third party, the total forecasted amount that would be paid for that capacity and energy by APS. For purchases of energy and capacity by APS, System Incremental Cost will also include, but not be limited to, regulatory commission charges, emission allowances, transmission losses, wheeling charges and taxes.
5.Tariff: This Cost-Based Tariff, as it may be amended and/or superseded from time to time.
6.Transaction: An individual transaction scheduled pursuant to this Tariff.
7.Party: References to a Party shall mean either APS or the Customer, who collectively shall be referred to as “Parties.”
II.AVAILABILITY
Service under this Tariff shall be available to Customers for Transactions that have a duration as agreed to by the Parties under the Service Agreement.
III.SALES OF ELECTRIC CAPACITY AND/OR ENERGY
APS and Customers may enter into Transactions under this Tariff from time-to-time. All
such Transactions shall be voluntary on the part of APS and the Customer(s). APS at its sole discretion will determine the amounts of and times that electric capacity and/or energy is to be made available under this Tariff prior to entering into a Transaction.
IV.RATES
1. A Transaction will be priced at rates established by agreement between Seller and Buyer, provided that the sum of all charges with respect to each Transaction may be up to but shall not exceed the sum of:
a) A demand charge, equal to, as appropriate:
i. $9,233 /MW/month;
ii. $2,131 /MW/week;
iii. $426 /MW/day, provided the total demand charge in any week, pursuant to a sale of daily electric power, shall not exceed the weekly rate times the highest amount in
megawatts of purchased electric power in any day during such week; or
iv. $26.63 /MW/hour, provided that the total demand charge in any day, pursuant to a sale of hourly electric power, shall not exceed the daily rate times the highest amount in megawatts of purchased electric power in any hour
during such day, and the total demand charges in any
week, pursuant to a sale of hourly or daily electric power, shall not exceed the weekly rate times the highest
amount in megawatts of purchased electric power in any
such week; and
b) The System Incremental Cost, forecasted at the time the Transaction is executed, plus 10% of the forecasted System Incremental Cost; and c) The cost of transmission service and any ancillary services purchased by APS and resold to Customer, as known or forecasted at the time the Transaction is executed.
V.EXPANSION OF FACILITIES
APS will have no obligation under this Tariff to plan its system or modify its facilities in order to provide service hereunder.
VI.OTHER TERMS AND CONDITIONS
Except to the extent otherwise specifically agreed to by the Parties, all Transactions under APS’s Schedule Q shall be governed by the terms and conditions set forth in the WSPP Agreement.
COST-BASED RATE SCHEDULE
FOR
PACIFICORP
Determination of Ceiling Rates Applicable to Cost-Based Sales Made by PacifiCorp
1. The following rates shall be applicable to any cost-based sale of power and/or energy made by PacifiCorp (1) pursuant to the applicable terms and conditions of the WSPP Agreement, including under Service Schedule A (Economy Energy Service), Service Schedule B (Unit Commitment Service), and Service Schedule C (Firm Capacity/Energy Sale or Exchange Service), and (2) for a term of less than one year.
2. The rates for any cost-based power and/or energy sale made by PacifiCorp pursuant to the applicable terms and conditions of the WSPP Agreement from PacifiCorp’s generating resources shall not exceed the following:
(i) Maximum Demand Charge:
The Maximum Demand Charge shall be capped using the following methodology:
Units Most Likely To Participate Methodology
Monthly Up to $11,317/MW
Weekly Up to $2,612/MW
Daily Up to $522/MW, provided, however, that the Daily rate of $522/MW shall not exceed the product of the number of kilowatts sold for a week multiplied by the maximum weekly demand charge of $2,612/MW.
Hourly Up to $32.64/MW, provided, however, that the hourly rate of $32.64/MW shall not exceed the product of the number of kilowatts sold for a day multiplied by the maximum daily demand charge of $522/MW, and also not exceed the product of the number of kilowatts sold for a week multiplied by the maximum weekly demand charge of $2,612/MW.
(ii) Energy Charge of 100% of SIC, plus up to 10% of SIC; and (iii) All charges incurred for transmission service, ancillary services, and transmission losses.
3. If PacifiCorp enters into a purchased power transaction specifically for the purpose of reselling such power hereunder, the rates shall not exceed the sum of the following:
(i) PacifiCorp’s out-of-pocket costs of purchasing such capacity and/or energy, including all related charges incurred for transmission service, ancillary services, transmission losses and any applicable taxes or other similar governmental impositions; and
(ii) $1.00 per megawatt-hour multiplied by the total megawatt-hours scheduled.
4. System Incremental Costs (“SIC”) means all reasonably forecasted costs of such power and/or energy and which otherwise would not have been incurred by PacifiCorp including, but not limited to, costs associated with fuel, labor, variable operation and maintenance, start-up, shut-down, fuel handling, taxes or other similar governmental impositions, regulatory commission charges, emission allowances and other environmental compliance costs.
5. Purchasers in cost-based transactions shall also be responsible for any taxes, purchased power costs, and for any other costs incurred by PacifiCorp in fulfilling its obligations for the provision of power and/or energy under the WSPP Agreement, which cost would otherwise not have been incurred, had such service not been provided.
WSPP AGREEMENT SCHEDULE Q FOR NEVADA POWER COMPANY
Determination of Ceiling Rates Applicable to Cost-Based Sales Made by Nevada Power Company
1. The following rates shall be applicable to any cost-based sale of power and/or energy made by Nevada Power Company, d/b/a NV Energy (“Nevada Power”) (1) pursuant to the applicable terms and conditions of the WSPP Agreement, including under Service Schedule A (Economy Energy Service), Service Schedule B (Unit Commitment Service), and Service Schedule C (Firm Capacity/Energy Sale or Exchange Service), (2) at a delivery point located within the Nevada Power balancing authority area, and (3) for a term of less than one year.
2. The rates for any cost-based power and/or energy sale made by Nevada Power pursuant to the applicable terms and conditions of the WSPP Agreement from Nevada Power’s generating resources shall not exceed the following:
(i) Maximum Demand Charge:
The Maximum Demand Charge shall be capped using the following methodology:
Units Most Likely To Participate Methodology
Monthly Up to $8,390/MW
Weekly Up to $1,940/MW
Daily Up to $390/MW, provided, however, that the Daily rate of $390/MW shall not exceed the product of the number of kilowatts sold for a week multiplied by the maximum weekly demand charge of $1,940/MW.
Hourly Up to $24.40/MW, provided, however, that the hourly rate of $24.40/MW shall not exceed the product of the number of kilowatts sold for a day multiplied by the maximum daily demand charge of $390/MW, and also not exceed the product of the number of kilowatts sold for a week multiplied by the maximum weekly demand charge of $1,940/MW.
(ii) Energy Charge of 100% of SIC, plus up to 10% of SIC; and (iii) All charges incurred for transmission service, ancillary services, and transmission losses.
3. If Nevada Power enters into a purchased power transaction specifically for the purpose of reselling such power hereunder, the rates shall not exceed the sum of the following:
(i) Nevada Power’s out-of-pocket costs of purchasing such capacity and/or energy, including all related charges incurred for transmission service, ancillary services, transmission losses and any applicable taxes or other similar governmental impositions; and
(ii) $1.00 per megawatt-hour multiplied by the total megawatt-hours scheduled.
4. System Incremental Costs (“SIC”) means all reasonably forecasted costs of such power and/or energy and which otherwise would not have been incurred by Nevada Power including, but not limited to, costs associated with fuel, labor, variable operation and maintenance, start-up, shut-down, fuel handling, taxes or other similar governmental impositions, regulatory commission charges, emission allowances and other environmental compliance costs.
5. Purchasers in cost-based transactions shall also be responsible for any taxes, purchased power costs, and for any other costs incurred by Nevada Power Company in fulfilling its obligations for the provision of power and/or energy under the WSPP Agreement, which cost would otherwise not have been incurred, had such service not been provided.
WSPP AGREEMENT SCHEDULE Q FOR PUBLIC SERVICE COMPANY OF
COLORADO
Determination of Ceiling Rates Applicable to Sales Made by Public Service Company of Colorado under the WSPP Agreement
1. The following rates shall be applicable to any cost-based sale of power and/or energy made by Public Service Company of Colorado (“Public Service”) (1) pursuant to the WSPP Agreement, including under Service Schedule A (Economy Energy Service), Service Schedule B (Unit Commitment Service), and Service Schedule C (Firm Capacity/Energy Sale or Exchange Service) and (2) at a delivery point located within the Public Service balancing authority area.
2. The rates for any cost-based power and/or energy sale made pursuant to the WSPP Agreement from certain Public Service generation resources shall not exceed the following:
Maximum Demand Charge:
The Maximum Demand Charge shall be capped at either of the following methodologies:
Units Most Likely to Participate Methodology
Annual $123.73/kW
Monthly $10.62/kW
Weekly $2.45/kW
Daily $0.49/kW, provided, however, that the Daily rate of $0.49/kW shall not exceed the product of the number of kilowatts sold for a week multiplied by the maximum weekly demand charge of $2.45/kW.
Hourly $0.0306/kW, provided, however, that the hourly rate of $0.0306/kW shall not exceed the product of the number of kilowatts sold for a day multiplied by the maximum daily demand charge of $0.49/kW, and also not exceed the product of the number of kilowatts sold for a week multiplied by the maximum weekly demand charge of $2.45/kW.
Unit Revenue Constraint Methodology
Annual $265.72/kW
Monthly $22.14/kW
Weekly $5.11/kW
Daily $1.02/kW, provided, however, that the Daily rate of $1.02/kW shall not exceed the product of the number of kilowatts sold for a week multiplied by the maximum weekly demand charge of $5.11/kW.
Hourly $0.0639/kW, provided, however, that the hourly rate of $0.0639/kW
shall not exceed the product of the number of kilowatts sold for a day multiplied by the maximum daily demand charge of 1.02/kW, and also not exceed the product of the number of kilowatts sold for a week multiplied by the maximum weekly demand charge of $5.11/kW.
Note: The total amount of Power available for cost-based sales by Public Service based on the costs of Comanche 3 under the WSPP Agreement and under other Public Service tariffs and arrangements, for which the agreed upon demand charge is determined based on Comanche 3, is limited to 500 MWs on an hourly basis.
Plus:
Energy Charge:
(a) no less than 100% of Public Service’s System Incremental Costs (SIC); plus (b) up to 10% of SIC, provided, however, that whenever the SIC for an hour is based on purchased power, the 10% mark up shall be limited to one mill/kWh.
Note: The total charges for any sale by Public Service using the Maximum Demand Charge as determined based on the Unit Revenue Constraint Methodology shall not exceed (1) the product of the requested demand (kW) multiplied by the applicable Maximum Demand Charge using the Unit Revenue Constraint Methodology as specified above, plus the variable costs of Comanche 3 (based on the most recent historical month where Comanche 3 was operational at least 80 percent of the time), and (2) be lower than a floor equal to 100% of Public Service’s System Incremental Cost.
3. When a cost-based sale of power and/or energy made by Public Service under the WSPP Agreement is conditioned upon Public Service acquiring purchased power, Purchaser shall pay the following amounts to Public Service for power and energy:
(a) Public Service’s actual purchased power costs; plus (b) a one mill adder for transactions of less than one year in duration.
4. Purchasers in cost-based transactions shall also be responsible for any taxes, purchased power costs, and for any other costs incurred by Public Service in fulfilling its obligations for the provision of power and/or energy under the WSPP Agreement, which otherwise would not have been incurred, had such service not been provided.
5. For purposes of this Schedule Q, “Purchased Power” means the Power and Energy purchased from a third party by Public Service and shall consist of the total amount paid therefor by Public Service associated with such purchase, plus any cost which otherwise
would not have been incurred, including, but not limited to, regulatory commission charges, transmission losses, third-party transmission charges, and taxes, fees or assessments related to such transactions. Tax expenses shall include the expenses that are incurred as taxes either in connection with the sale or production of such Power and Energy.
The term Purchased Power shall not apply to long-term purchases that are secured to supply Public Service’s obligation load requirements as a system resource or to meet other regulatory requirements.
6. For purposes of this Schedule Q, System Incremental Costs (“SIC”) 1 shall be determined as follows:
SIC are any costs forecasted to be incurred by Public Service solely by reason of its provision of an incremental amount of coordination-type energy to supply to another company, including but not limited to, costs for fuel, reactant, labor, operation, maintenance, start-up, fuel handling, taxes, emission allowances, and services provided by RTOs, ISOs, or other transmission providers such as transmission and ancillary services and losses. Such costs may also include costs paid to third parties where Public Service has an existing contractual entitlement to purchase energy. For intraday (real-time) transactions, incremental cost is determined through a review of hourly system characteristics.
For non-intraday transactions, incremental cost is determined by using a resource optimization model such as, but not limited to ProSym or GenTrader.
The forecasted incremental cost represents the relative increase in total variable cost, in comparison to the previously determined base variable cost. Public Service forecasts incremental costs on a monthly, daily and hourly basis in order to evaluate whether it would be economic to engage in a wholesale sale of coordination energy. 2 In order for Public Service to transact, and sell power to another entity, the purchaser must be willing to pay no less than the forecasted incremental cost for the period during which the energy is sold. It is necessary to use forecasted costs because transactions are entered into in the market in advance. The forecast incremental costs for Public Service utilize its unique portfolio resources, applicable fuel costs and generation characteristics.
Monthly forecasted incremental variable costs are developed utilizing an optimization and unit commitment model. Generation characteristics such as forecasted fuel prices, effective heat rates, system penalty factors, start-up costs, unit parameters (e.g., minimum run time, dispatch minimum, dispatch maximum), variable O&M, and tolling costs are utilized in the model to establish the base cost to serve a forecasted amount of obligation (load and the net of applicable firm purchase and sales transactions). Planned and forced outages are also considered in the model. Additional obligations are added to the model (consistent with blocks traded in the market), and the optimized costs are returned. The difference in costs between the first and second run, i.e., with and without an incremental transaction or load addition, will represent the incremental cost to serve the additional obligation. The
forecasted incremental cost to serve the additional obligation will establish the minimum price required in order to engage in a sale of similar energy volume.
Daily forecasted incremental costs are developed utilizing a unit commitment and optimization program. The best available generation characteristics are utilized in the model to forecast the base cost to serve the next-day obligation. Additional obligations are applied and system costs evaluated to establish the forecasted cost to serve a potential incremental sale.
On an hourly basis, the system operator forecasts the incremental cost to serve an additional obligation by evaluating current and short-term forecast system conditions and the resources that are not previously allocated to meet established obligations. If additional portfolio resources are available (not allocated for native load requirements), the system operator will evaluate the comprehensive cost to produce the quantity of energy needed for an incremental sale.
If the Parties to a transaction under this WSPP Agreement expressly agree in a transaction agreement, incremental costs may be determined in the same manner as specified above, but on an after-the-fact, actual basis.
Note 1: The Commission previously accepted this incremental rate methodology in Xcel Energy Services, Inc., et al., 117 FERC ¶ 61,180, at PP 45-49 (2006).
Note 2: The Commission has found this approach to be acceptable. See, e.g., Western Systems Power Pool, 55 FERC ¶ 61,495, at 62,718 (1991) (noting that incremental cost “may be forecasted hourly, weekly, or monthly”).
WSPP AGREEMENT SCHEDULE Q FOR SIERRA PACIFIC POWER COMPANY Determination of Ceiling Rates Applicable to Cost-Based Sales Made by Sierra Pacific Power Company
1. The following rates shall be applicable to any cost-based sale of power and/or energy made by Sierra Pacific Power Company, d/b/a NV Energy (“Sierra”) (1) pursuant to the applicable terms and conditions of the WSPP Agreement, including under Service Schedule A (Economy Energy Service), Service Schedule B (Unit Commitment Service), and Service Schedule C (Firm Capacity/Energy Sale or Exchange Service), (2) at a delivery point located within the Nevada Power Company balancing authority area (“NEVP”), and (3) for a term of less than one year.
2. The rates for any cost-based power and/or energy sale made by Sierra pursuant to the applicable terms and conditions of the WSPP Agreement from Sierra’s generating resources shall not exceed the following:
(i) Maximum Demand Charge:
The Maximum Demand Charge shall be capped using the following methodology:
Units Most Likely To Participate Methodology
Monthly Up to $9,810/MW
Weekly Up to $2,260/MW
Daily Up to $450/MW, provided, however, that the Daily rate of $450/MW shall not exceed the product of the number of kilowatts sold for a week multiplied by the maximum weekly demand charge of $2,260/MW.
Hourly Up to $28.10/MW, provided, however, that the hourly rate of $28.10/MW shall not exceed the product of the number of kilowatts sold for a day multiplied by the maximum daily demand charge of $450/MW, and also not exceed the product of the number of kilowatts sold for a week multiplied by the maximum weekly demand charge of $2,260/MW.
(ii) Energy Charge of 100% of SIC, plus up to 10% of SIC; and (iii) All charges incurred for transmission service, ancillary services, and transmission losses.
3. If Sierra enters into purchased power transaction specifically for the purpose of reselling such power hereunder, the rates shall not exceed the sum of the following:
(i) Sierra’s out-of-pocket costs of purchasing such capacity and/or energy, including all related charges incurred for transmission service, ancillary services, transmission losses and any applicable taxes or other similar governmental
impositions; and
(ii) $1.00 per megawatt-hour multiplied by the total megawatt-hours scheduled.
4. System Incremental Costs (“SIC”) means all reasonably forecasted costs of such power and/or energy and which otherwise would not have been incurred by Sierra including, but not limited to, costs associated with fuel, labor, variable operation and maintenance, start- up, shut-down, fuel handling, taxes or other similar governmental impositions, regulatory commission charges, emission allowances and other environmental compliance costs.
5. Purchasers in cost-based transactions shall also be responsible for any taxes, purchased power costs, and for any other costs incurred by Nevada Power Company in fulfilling its obligations for the provision of power and/or energy under the WSPP Agreement, which cost would otherwise not have been incurred, had such service not been provided.
WSPP AGREEMENT SCHEDULE Q FOR SOUTHWESTERN PUBLIC SERVICE
COMPANY
Determination of Ceiling Rates Applicable to Sales Made by Southwestern Public Service Company under the WSPP Agreement
1. The following rates shall be applicable to any cost-based sale of power and/or energy made by Southwestern Public Service Company (“SPS”) (1) pursuant to the WSPP Agreement, including under Service Schedule A (Economy Energy Service), Service Schedule B (Unit Commitment Service), and Service Schedule C (Firm Capacity/Energy Sale or Exchange Service and (2) at a delivery point located within the SPS balancing authority area.
2. The rates for any cost-based power and/or energy sale made pursuant to the WSPP Agreement from SPS generation resources shall not exceed the following:
Maximum Demand Charge:
Monthly $ 7.56/kW
Weekly $ 1.745/kW
Daily (On-peak) $ 0.349/kW, provided, however, that the Total Weekly charges for a customer paying the Daily rate of $0.349/kW (on-peak) or $0.249 (off-peak) shall not exceed the product of the number of kilowatts sold for a week multiplied by the maximum Weekly demand charge of $1.745/kW.
Daily (Off-peak) $ 0.249/kW
Hourly $ 21.813/MW, provided, however, that the Total Daily charges for a customer paying the Hourly rate of $21.813/MW shall not exceed the product of the number of kilowatts sold for a day multiplied by the maximum Daily (on-peak) demand charge, and total Weekly charges for such a customer shall not exceed the product of the number of kilowatts sold for a week multiplied by the maximum Weekly demand charge of $1.745/kW.
plus
Energy Charge:
(a) no less than 100% of SPS’s System Incremental Costs (SIC); plus (b) up to 10% of SIC, provided, however, that whenever the SIC for an hour is based on purchased power, the 10% mark up shall be limited to one mill/kWh.
Note A: The total charges for any cost-based sale under the WSPP Agreement shall not exceed the product of the requested demand (kW) multiplied by the applicable Maximum Demand Charge in this Section 1, plus the variable costs of Lea Power Partners (based on the second previous month’s cost data), and not withstanding
the foregoing, a floor equal to 100% of SPS’s System Incremental Cost.
Note B: The total amount of Power available for cost-based sales by SPS under the WSPP Agreement and under other SPS tariffs and agreements for which the agreed upon demand charge is determined based on Lea Power Partners is limited to 600 MWs on an hourly basis.
3. When a cost-based sale of power and/or energy made by SPS under the WSPP Agreement is conditioned upon SPS acquiring Purchased Power, Purchaser shall pay the following amounts to SPS for power and energy:
(a) SPS’s actual Purchased Power costs; plus
(b) a one mill adder for transactions of less than one year in duration.
4. Purchasers in cost-based transactions shall also be responsible for any taxes, purchased power costs, and for any other costs incurred by SPS in fulfilling its obligations for the provision of power and/or energy under the WSPP Agreement, which otherwise would not have been incurred, had such service not been provided.
5. For purposes of the WSPP Agreement, System Incremental Costs (“SIC”) shall be determined as follows:
SIC are any costs forecasted to be incurred by SPS solely by reason of its provision of an incremental amount of coordination-type energy to supply to another company, including but not limited to costs for fuel, reactant, labor, operation, maintenance, start-up, fuel handling, taxes, emission allowances, and services provided by RTOs, ISOs, or other transmission providers such as transmission and ancillary services and losses. Such costs may also include costs paid to third parties where the SPS has an existing contractual entitlement to purchase energy.
For intraday (real-time) transactions, incremental cost is determined through a review of hourly system characteristics.
For non-intraday transactions, incremental cost is determined by using a resource optimization model such as, but not limited to ProSym, Couger or GenTrader.
The forecasted incremental cost represents the relative increase in total variable cost, in comparison to the previously determined base variable cost. SPS forecasts incremental costs on a monthly, daily and hourly basis in order to evaluate whether it would be economic to engage in a wholesale sale of energy.2 In order for SPS to transact, and sell power to another entity, the purchaser must be willing to pay no less than the forecasted incremental cost for the period during which the energy is sold. It is necessary to use forecasted costs because transactions are entered into in the market in advance. The forecast incremental costs for SPS 2 The Commission has found this approach to be acceptable. See, e.g., Western Systems Power Pool, 55 FERC ¶ 61,495 at 62,718 (1991) (noting that incremental cost “may be forecasted hourly, weekly, or monthly”).
utilize its unique portfolio resources, applicable fuel costs and generation characteristics.
Monthly forecasted incremental variable costs are developed utilizing an optimization and unit commitment model. Generation characteristics such as forecasted fuel prices, effective heat rates, system penalty factors, start-up costs, unit parameters (e.g., minimum run time, dispatch minimum, dispatch maximum), variable O&M, and tolling costs are utilized in the model to establish the base cost to serve a forecasted amount of obligation (load and the net of applicable firm purchase and sales transactions). Planned and forced outages are also considered in the model. Additional obligations are added to the model (consistent with blocks traded in the market), and the optimized costs are returned. The difference in costs between the first and second run, i.e., with and without an incremental transaction or load addition, will represent the incremental cost to serve the additional obligation. The forecasted incremental cost to serve the additional obligation will establish the minimum price required in order to engage in a sale of similar energy volume.
Daily forecasted incremental costs are developed utilizing a unit commitment and optimization program. The best available generation characteristics are utilized in the model to forecast the base cost to serve the next-day obligation. Additional obligations are applied and system costs evaluated to establish the forecasted cost to serve a potential incremental sale.
On an hourly basis, the system operator forecasts the incremental cost to serve an additional obligation by evaluating current system conditions and the resources that are not previously allocated to meet established obligations. If additional portfolio resources are available (not allocated for native load requirements), the system operator will evaluate the comprehensive cost to produce the quantity of energy needed for an incremental sale.
WSPP AGREEMENT SCHEDULE Q FOR WESTAR ENERGY
Determination of Ceiling Rates Applicable to Cost-Based Sales Made by Westar Energy under the WSPP Agreement
1. The following rates shall be applicable to any cost-based sale of power and/or energy made by Westar Energy (“Westar”) (1) pursuant to the applicable terms and conditions of the WSPP Agreement, including under Service Schedule A (Economy Energy Service), Service Schedule B (Unit Commitment Service), and Service Schedule C (Firm Capacity/Energy Sale or Exchange Service) and (2) at a delivery point located within the Westar Energy balancing authority area.
2. The rates for any cost-based power and/or energy sale made by Westar Energy pursuant to the applicable terms and conditions of the WSPP Agreement from Westar Energy's generating resources shall not exceed the following:
(i) Maximum Demand Charge:
The Maximum Demand Charge shall be capped at either of the following methodologies:
Units Most Likely To Participate Methodology
Monthly Up to $13,520/MW
Weekly Up to $3,120/MW
Daily Up to $624/MW, provided, however, that the Daily rate of $624/MW shall not exceed the product of the number of
kilowatts sold for a week multiplied by the maximum
weekly demand charge of $3,120/MW.
Hourly Up to $39.00/MW, provided, however, that the hourly rate of $39.00/MW shall not exceed the product of the number of kilowatts sold for a day multiplied by the maximum daily demand charge of $624/MW, and also not exceed the
product of the number of kilowatts sold for a week
multiplied by the maximum weekly demand charge of
$3,120/MW.
(ii) Energy Charge of no less than 100% of SIC, plus up to 10% of SIC; and (iii) All charges incurred for transmission service, ancillary services, and transmission losses.
3. If Westar Energy enters into a purchased power transaction specifically for the purpose of reselling such power hereunder, the rates shall not exceed the sum of the following:
(i) Westar Energy's out-of-pocket costs of purchasing such capacity and/or energy, including all related charges incurred for transmission service, ancillary services, transmission losses and any applicable taxes or other similar governmental impositions; and
(ii) $1.00 per megawatt-hour multiplied by the total megawatt-hours scheduled.
4. System Incremental Costs (“SIC”) means all reasonably forecasted costs of such power and/or energy and which otherwise would not have been incurred by Westar Energy including, but not limited to, costs associated with fuel, labor, variable operation and maintenance, start-up, shut-down, fuel handling, taxes or other similar governmental impositions, regulatory commission charges, emission allowances and other environmental compliance costs.
5. Purchasers in cost-based transactions shall also be responsible for any taxes, purchased power costs, and for any other costs incurred by Westar Energy in fulfilling its obligations for the provision of power and/or energy under the WSPP Agreement, which cost would otherwise not have been incurred, had such service not been provided.
LIST OF MEMBERS
26SB 8me LLC
45MG 8me LLC
90FI 8me LLC
92JT 8me LLC
100RD 8me LLC
3 Phases Renewables Inc.
3PR Trading, Inc.
AEP Energy Partners, Inc.
AES Marketing and Trading, LLC
AES Redondo Beach, LLC
Aha Macav Power Service
Alameda Municipal Power
AlbertaEX, L.P.
Albertsons Companies, Inc.
Alcoa Power Marketing LLC
AltaGas Ripon Energy Inc.
Altop Energy Trading LLC
American Electric Power Service Corporation as agent for Indiana Michigan Power Company American Electric Power Service Corporation as agent for Public Service Company of Oklahoma and Southwestern Electric Power Company
Anahau Energy, LLC
Arizona Electric Power Cooperative, Inc.
Arizona Public Service Company
Arkansas Electric Cooperative Corp.
Associated Electric Cooperative, Inc.
ATNV Energy, LP
Ava Community Energy Authority
Avangrid Renewables, LLC
Avista Corporation
Basin Electric Power Cooperative
Bear Valley Electric Service, Inc.
BigBeau Solar, LLC
Black Hills Colorado Electric LLC
Black Hills Power Inc.
Black Hills Wyoming, Inc.
Blythe Energy Inc.
Bolt Energy Marketing, LLC
Bonneville Power Administration
Boston Energy Trading and Marketing LLC
BP Energy Company
bp Energy Retail Company California LLC
Brookfield Renewable Trading and Marketing LP
California Choice Energy Authority
California Department of Water Resources
California Power Holdings, LLC
CalPeak Power LLC
Calpine Energy Services, L.P.
Calpine Energy Solutions, LLC
Cargill Power Markets, LLC
Castanea Project, LLC
Castleton Commodities Merchant Trading L.P.
Central Arizona Water Conservation District
Central Coast Community Energy
CFE International LLC
Chevron Power Holdings Inc.
Cheyenne Light, Fuel and Power
Citadel Energy Marketing LLC
Citigroup Energy Inc.
City and County of San Francisco
City of Anaheim, Public Utilities Dept.
City of Azusa, California
City of Banning, California
City of Burbank, California
City of Cerritos (Cerritos Electric Utility)
City of Colton, California
City of Corona Utilities Department
City of Farmington, New Mexico
City of Gillette
City of Glendale, California
City of Independence, Missouri
City of Industry
City of Iola, Kansas
City of Lancaster
City of Lodi Electric Utility
City of Mesa, Arizona
City of Moreno Valley, California
City of Palo Alto, California
City of Pasadena, California
City of Rancho Cucamonga, California
City of Redding, California
City of Riverside, California
City of Roseville, California
City of San José
City of Shasta Lake
City of Sikeston, Board of Municipal Utilities
City of St. George Energy Service Department
City of Vernon, California
City of Wathena, Kansas
Clatskanie People’s Utility District
Clean Energy Alliance
Clean Power Alliance of Southern California
Cleco Power LLC
Coast Mountain Hydro Limited Partnership
Colorado River Commission of Nevada
Colorado Springs Utilities
Colton Power L.P.
Columbia Power Corporation
Comision Federal de Electricidad
Commercial Energy of Montana Inc.
Condon Wind Power, LLC
ConocoPhillips Company
Constellation Energy Generation, LLC
Constellation NewEnergy, Inc.
Cooperative Energy, a Mississippi electric cooperative
CORE Electric Coop
Coso Geothermal Power Holdings, LLC
Covanta Energy Marketing, LLC
CP Energy Marketing (US) Inc.
Credit Suisse Energy LLC
CWP Energy, Inc.
CXA La Paloma, LLC
Deseret G&T
Desert Harvest II, LLC
Direct Energy Business, LLC
DTE Energy Trading, Inc.
Dynasty Power Inc.
Dynegy Marketing and Trade, LLC
Dynegy Power Marketing, LLC
East Bay Municipal Utility District
East Texas Electric Cooperative, Inc.
EDF Renewable Windfarm V, Inc.
EDF Trading North America, LLC
Electrical District No. 3 of Pinal County, Arizona
El Paso Electric Company
Elk Hills Power, LLC
Empire District Electric Company
Enel Trading North America, LLC
Energy Development & Construction Corporation
Energy Keepers, Inc.
Energy Unlimited, Inc.
Enersponse Inc.
Engelhart CTP (US) LLC
ENGIE Energy Marketing NA, Inc.
ENMAX Energy Corporation
ENMAX Energy Marketing Inc.
Entergy Services, Inc. (also Entergy Arkansas, Inc., Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New Orleans, Inc., Entergy Texas, Inc.)
ETC Endure Energy L.L.C.
Eugene Water & Electric Board
Evergy Kansas Central, Inc.
Evergy Metro, Inc.
Evergy Missouri West, Inc.
Evolugen Trading and Marketing LP
Florida Power & Light Company
FortisBC Inc.
Freepoint Commodities LLC
Freeport-McMoRan Cooper & Gold Energy Services, LLC
GenOn Energy Management, LLC
Geysers Power Company, LLC
Goal Line, LP
Golden Spread Electric Cooperative, Inc.
Goldman Sachs Renewable Power Marketing LLC
Gonzaga Ridge Wind Farm, LLC
Goose Prairie Solar LLC
Grand River Dam Authority
Grays Harbor Energy LLC
Great River Energy
Greenleaf Energy Unit 2, LLC
Gunvor USA LLC
Guzman Energy Partners LLC
Guzman Energy, LLC
Harquahala Sun 1, LLC
Hartree Partners, LP
Heartland Generation Ltd.
Hermiston Generating Company, L.P.
High Desert Power Project, LLC
Hinson Power Company, Inc.
Holy Cross Electric Association d/b/a Holy Cross Energy Idaho Falls Power
Idaho Power Company
Illinois Power Marketing Company
Imperial Irrigation District
Indigo Generation LLC
Inland Empire Energy Center LLC
J. Aron & Company
J.P. Morgan Ventures Energy Corporation
Jonesboro City Water and Light
Just Energy Solutions Inc.
Kansas City Board of Public Utilities
Kansas Power Pool
Karbone Energy LLC
Kiowa Power Partners, LLC
Lafayette Utilities System
Las Vegas Power Company, LLC
Leapfrog Power, Inc.
Lehi City, d/b/a/ Lehi City Corporation
Lincoln Electric System
Los Alamos County
Los Angeles Department of Water and Power
Louisiana Energy and Power Authority
Louisville Gas & Electric Company
Luminant Energy Company LLC
Macquarie Energy LLC
MAG Energy Solutions Inc.
Malaga Power, LLC
Manitoba Hydro
Marin Clean Energy
Mariposa Energy, LLC
Maverick Solar 4, LLC
Maverick Solar 7, LLC
McMinnville Water & Light
Merced Irrigation District
Mercuria Energy America, LLC
Merrill Lynch Commodities, Inc.
Mesquite Power, LLC
Metropolitan Water District of Southern California
MidAmerican Energy Company
Midway Peaking, LLC
Midwest Energy, Inc.
Missouri Joint Municipal Electric Utility Comm.
Modesto Irrigation District
Mohave Electric Cooperative, Inc.
Morgan Stanley Capital Group, Inc.
MRP San Joaquin Energy LLC
M-S-R Public Power Agency
Municipal Energy Agency of Nebraska
NaturEner Power Watch, LLC
Navajo Tribal Utility Authority
Nebraska Public Power District
Nevada Cogeneration Associates No. 2
Nevada Power Company
New Harquahala Generating Company, LLC
New-Indy Ontario LLC
New-Indy Oxnard LLC
New West Energy
Newmont Nevada Energy Investments
Nexen Energy Marketing U.S.A. Inc.
NextEra Energy Marketing, LLC
NG Renewables Energy Marketing, LLC
Noble Americas Gas & Power Corp.
Northern California Power Agency
Northern States Power Company
Northern Wasco County People’s Utility District
NorthPoint Energy Solutions Inc.
NorthWestern Corporation dba NorthWestern Energy
NRG Business Marketing LLC
Occidental Power Services, Inc.
Oklahoma Gas & Electric Company
Oklahoma Municipal Power Authority
Omaha Public Power District
Ontario Power Generation Inc.
Orange County Power Authority
Otter Tail Power Company
Pacific Gas & Electric Company
Pacific Summit Energy LLC
PacifiCorp
Pattern Energy Management Services LLC
Patua Acquisition Company, LLC
Peninsula Clean Energy Authority
Phillips 66 Energy Trading LLC
Pilot Power Group, Inc.
Pioneer Community Energy
Pittsburg Power Company
Placer County Water Agency
Platte River Power Authority
Plumas-Sierra Rural Electric Cooperative
PNGC Power
Port of Oakland
Portland General Electric
Power and Water Resources Pooling Authority
Power Company of America, L.P.
Power Resources Cooperative
Powerex Corp.
Public Service Company of Colorado
Public Service Company of New Mexico
Public Utility District No. 1 of Benton County
Public Utility District No. 1 of Chelan County
Public Utility District No. 1 of Clark County
Public Utility District No. 1 of Cowlitz County
Public Utility District No. 1 of Douglas County
Public Utility District No. 1 of Franklin County
Public Utility District No. 1 of Grays Harbor County
Public Utility District No. 1 of Klickitat County
Public Utility District No. 1 of Lewis County
Public Utility District No. 1 of Okanogan County
Public Utility District No. 1 of Pend Oreille County
Public Utility District No. 1 of Snohomish County
Public Utility District No. 2 of Grant County
Public Utility District No. 3 of Mason County
Puget Sound Energy
Quintessence, LLC
Rainbow Energy Marketing Corporation
Renewable Power Strategies LLC dba RPS Advisors
Resi Station, LLC
REV Energy Marketing, LLC
Rising Tree Wind Farm LLC
Royal Bank of Canada
RWE Trading Americas Inc.
Saavi Energy Solutions, LLC
Sacramento Municipal Utility District
Saguaro Power Company
Salt River Project Agricultural Improvement and Power District Salton Sea Power L.L.C.
San Diego Community Power
San Diego Gas & Electric Co.
San Gorgonio Farms, Inc.
Seattle City Light
Second Foundation US Trading, LLC
Sempra Gas & Power Marketing LLC
Sentinel Energy Center, LLC
Shell Energy North America (US), L.P.
Sierra Pacific Power Co.
Silicon Valley Clean Energy Authority
Silicon Valley Power
Silver State Energy Association
Skylar Energy Resources, LLC
Skylar Power Marketing, LLC
Skylar Resources, LP
Solar of Alamosa LLC
Sonoma Clean Power Authority
Southern Calif. Edison Co.
Southern California Public Power Authority
Southern Company Services, Inc., as agent for: Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company Southern Energy Solution Group LLC
Southern Illinois Power Cooperative
Southern Nevada Water Authority
Southwest Public Power Agency, Inc.
Southwestern Power Administration
Southwestern Public Service Company
Sulphur Springs Valley Electric Cooperative, Inc.
Sunrise Power Company, LLC
Sun Streams 2, LLC
Suncor Energy Marketing Inc.
Sunflower Electric Power Corp.
Switched On, LLC
Tacoma Power
Talen Energy Marketing, LLC
Talen Montana, LLC
TC Energy Marketing Inc.
TEC Energy, Inc.
Teck Metals Ltd.
Tenaska Gateway Partners, LTD
Tenaska Power Services Co.
Tennessee Valley Authority
Tesoro Refining & Marketing Company, LLC
TGP Energy Management, LLC
The Energy Authority, Inc.
The Regents of the University of California
Tidal Energy Marketing (U.S.) L.L.C.
TotalEnergies Gas & Power North America, Inc.
Town of Apple Valley
Townsite Solar, LLC
Trafigura Trading LLC
TransAlta Energy Marketing (US) Inc.
TransCanada Energy Sales Ltd.
Trico Electric Cooperative, Inc.
Triolith Energy Fund, LP
Tri-State Generation and Transmission Association, Inc.
Tucson Electric Power Company
Turlock Irrigation District
Twin Eagle Resource Management, LLC
Umatilla Electric Cooperative
Union Electric Company d/b/a Ameren Missouri
Union Power Partners, L.P.
Uniper Global Commodities North America LLC
United Power, Inc.
UNS Electric Inc.
Utah Associated Municipal Power Systems
Utah Municipal Power Agency
Valley Electric Association, Inc.
Vantage Wind Energy LLC
Victorville Municipal Utility Services
Vitol Inc.
WAPA-Colorado River Storage Project
WAPA-Desert Southwest Region
WAPA – Rocky Mountain Region (LAP)
WAPA-Sierra Nevada Region
WAPA-Upper Great Plains Region
Watson Cogeneration Company LLC
Wellhead Power EXchange, LLC
Western Community Energy
Western Farmers Electric Coop.
Western Power and Steam II, LLC
Western Power Services, Inc.
Westlands Grape, LLC
Westlands Solar Blue (OZ) Owner, LLC
WGP Redwood Holdings, LLC
WTMPA/City of Lubbock (Lubbock Power & Light)
Yuba County Water Agency
City Council
Communication
Meeting Date: 6/4/2025
Item #: VI.2
File #: 0203-09 & 0201-01
Item ID: 2025-136
Title: Silver Spruce (KT-52) Park – Award of Contract and Budget Adjustment Contact: Heather Buck 916-774-5254 [email protected]
SUMMARY
Staff recommends approval of an agreement with TJR Resources, Inc. in the amount of $2,822,254 for the KT-52 School Park Project. Staff also recommends approval of a budget adjustment in the amount of $45,000 for the KT-52 School Park Project. Funding for this project was approved in the FY2022-23 budget (for design) and in the FY2023-24 budget (for construction) through the Neighborhood Park - Sierra Vista Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with TJR Resources, Inc. for the KT-52 School Park project in the amount of $2,822,254, and authorize staff to approve change order requests in an amount not to exceed 10% of the contracted amount. Staff also recommends that the City Council adopt an ordinance to approve a budget adjustment of $45,000 that will transfer funds from the General Fund Capital Reserve Fund to the General Fund for the KT-52 School Park Project.
BACKGROUND
KT-52 School Park (Silver Spruce Park) is a 7.5-acre school/park site located on Sierra Village Drive within the Sierra Vista Specific Plan area of Roseville. Timing for construction of the school has not yet been determined. This school will be built by the Center Joint Unified School District.
The project includes a multi-use grass area that can accommodate a youth cricket field or youth soccer, a shaded play area, covered picnic area, restroom, off-street parking that will connect to parking at the future elementary school, a walking path, landscaping and irrigation.
Bid alternates include a full court for basketball, swings, a nature play area, additional turf, metal shade structure in lieu of a fabric shade structure, and a sidewalk along the street edge.
City Council approved the plans and specifications and authorized the call for bids at the February 19, 2025, meeting. Bids were opened on March 25, 2025, and staff received three bids for the project. The bid results are as follows:
Bidder Grand Total Bid Price TJR Resources, Inc. $2,822,254 Procida $3,088,265 Abide Builders, Inc. $2,305,800 (Bid withdrawn)
Engineers’ Estimate $3,565,000
Abide Builders, Inc. formally withdrew their bid, resulting in TJR Resources, Inc. becoming the apparent low bidder. Staff, therefore, recommends award of the base bid plus add alternates 1 through 6 for a total contract award amount of $2,822,254 to TJR Resources, Inc.
FISCAL IMPACT
The recommended contract award for $2,822,254, plus up to 10% contingency of $282,226, results in contract authority up to $3,104,480. Funding for this project was approved in the FY2022-23 budget (for design) and in the FY2023-24 budget (for construction) through the Neighborhood Park - Sierra Vista Fund. Maintenance will be funded through the Sierra Vista Community Facilities District No. 2 (Public Services) Fund. The recommended budget adjustment will transfer funds from the General Fund Capital Reserve Fund to the General Fund to cover the construction costs that exceeded the original budget and allow for all add alternates to be included with the project.
ENVIRONMENTAL REVIEW
Development of the KT-52 School/Park Master Plan was previously evaluated in the Sierra Vista Specific Plan EIR (certified May 5, 2010, SCH No. 2008032115), and identified in the associated Sierra Vista Specific Plan. Construction of the KT-52 School/Park Master Plan project is found to be within the scope of the project covered by the Sierra Vista Specific Plan EIR. As discussed in the Specific Plan EIR, the EIR provides environmental analyses of community infrastructure and facilities, including parks, pedestrian bridges, and bike trails, to the extent applicable. Because the project is consistent with the Sierra Vista Specific Plan EIR and Specific Plan, no new effects would be expected to occur and all applicable mitigation measures from the Sierra Vista Specific Plan EIR will be implemented during the design and construction of the KT-52 School/Park Master Plan project. Because the proposed project meets the requirements identified in Section 15183 of the State CEQA Guidelines, no additional CEQA review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
1. Ensure a safe and healthy community
4. Invest in well-planned infrastructure and growth
5. Support community engagement and advocacy
6. Deliver exceptional City services
Respectfully Submitted,
Heather Buck, Senior Park Development Project Manager
Jill Geller, Parks Recreation and Libraries Director
ATTACHMENTS:
1. vicinity map
2. Resolution 25-175
3. Agreement
4. Ordinance 6946
5. Bid Summary Sheet
REVIEWERS:
Heather Buck, Parks, Recreation, and Libraries Department - Park Development
Created/Initiated -
4/21/2025
Tara Gee, Parks, Recreation, and Libraries Department - Park Development Approved - 4/22/2025 Jill Geller, Parks, Recreation, and Libraries - All Approved - 5/2/2025 Gretchen Hakala, City Attorney Department Approved - 5/14/2025 Katrina Six, City Clerk Department Approved - 5/20/2025 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 5/22/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 5/23/2025 Michelle Sheidenberger, City Attorney Department Approved - 5/23/2025 Dominick Casey, City Clerk Department Approved - 5/27/2025 Katrina Six, City Clerk Department Final Approval - 5/27/2025
Silver Spruce (KT -52) Park
Vicinity Map
RESOLUTION NO. 25-175
APPROVING AN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND TJR RESOURCES, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an Agreement for the Silver Spruce (KT-52) Park project, by and between the City of Roseville and TJR Resources, Inc., has been reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to approve change orders for the project, consistent with the contract terms, provided that the net cost of all change orders shall not exceed ten percent (10%) of the contract price.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2025, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
ORDINANCE NO. 6946
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25
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 2024-25, is hereby amended as listed on the attached budget adjustment for the Silver Spruce (KT-52) School Park 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 , 2025, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
REQUEST FOR BUDGET ADJUSTMENT
Updated 11/22/2024
Please complete the cells highlighted in yellow.
REQUESTER NAME & TITLE: FISCAL YEAR:
PREPARER NAME & TITLE: ORDINANCE:
DEPARTMENT/DIVISION:
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment DESCRIPTION
1012 6810 10001 45,000
Establish tansfer out from GF Capital Reserve Fund to
the General Fund for the KT-52 School Park project
(500241)
1001 6587 84001 500241 45,000 Increase capital outlay expenditure budget EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 90,000
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment DESCRIPTION
1001 4810 10001 45,000
Establish tansfer in to the General Fund from the GF
Capital Reserve Fund for the KT-52 School Park project
(500241)
REVENUES/TRANSFERS IN TOTAL 45,000
NET ADJUSTMENT 45,000
FUND BALANCE
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment DESCRIPTION
1012 3601 00000 000000 (45,000) Decrease General Fund Capital Reserve Fund Fund Balance
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL (45,000)
Justification for Budget Adjustment:
The Parks, Recreation & Libraries Department is requesting a budget adjustment to increase the project budget for the KT-52 School Park project (500241) in the amount of $45,000, increasing the total project budget to $3,623,596. The additional funds are needed to cover construction costs that exceeded the original budget. This budget adjustment will transfer funds out of the General Fund Capital Reserve Fund (1012) to the General Fund (1001) to cover the cost increase.
2024-25Heather Buck, Senior Park Development Project Manager Lisa Saunders, Management Analyst
Parks, Recreation & Libraries
City Council
Communication
Meeting Date: 6/4/2025
Item #: VI.3
File #: 0704-01 & 0201-01
Item ID: 2025-258
Title: Lower Bank Park (C-63) - Award of Contract and Budget Adjustment Contact: Joel De Jong 916-774-5924 [email protected]
SUMMARY
Staff recommends approval of an agreement with Brightview Landscape Development, Inc. in the amount of $1,190,741 for the Lower Bank Park Project. Staff also recommends approval of a budget adjustment in the amount of $350,000 from the General Fund for the Lower Bank Park Project. Funding for construction of this park was included in the FY2023-24 capital improvement project budget in the Neighborhood Park - Creekview Fund.
RECOMMENDATION
Staff recommends that the City Council award the Lower Bank Park (C-63) Project to Brightview Landscape Development, Inc., adopt a resolution to authorize the City Manager to execute an agreement and authorize staff to approve change order requests in an amount not to exceed 10% of the contracted amount.
Staff also recommends that the City Council adopt an ordinance to approve a budget adjustment of $350,000 that will transfer funds from the General Fund Capital Reserve Fund to the General Fund for appropriation into the Lower Bank Park (formerly C-63) Project.
BACKGROUND
Lower Bank Park (formerly C-63) is a 2.5-acre neighborhood park is located off Lemonade Lane at Lower Bank Drive within the Creekview area of Roseville. Amenities planned for the park include a playground, small picnic area, open turf area, half-court basketball court, walking paths, planting and irrigation. Bid alternates were included for budget purposes, and include a shade structure at the picnic area, a swing set, a zipline, an upgraded play structure option, additional turf areas, additional planting and irrigation.
City Council approved the plans and specifications and authorized the call for bids at the March 19, 2025, meeting. Bids were opened on April 22, 2025, and staff received one bid for the project. The bid results are as follows:
Bidder Grand Total Bid Price
Brightview Landscape Development, Inc. $1,488,052
Engineers’ Estimate $1,346,459
Staff, therefore, recommends award of the base bid plus add alternates 1 (shade at the picnic tables) and 6 (additional grass area) for a total contract award amount of $1,190,741 to Brightview Landscape Development, Inc. Selected add alternates were chosen based on resident feedback collected during the
initial public outreach meetings as well as input from the neighborhood association during the design phase. Additional shade and an expanded grass area were identified as priorities.
FISCAL IMPACT
Funding for construction of this park was included in the FY2023-24 capital improvement project (CIP) budget in the Neighborhood Park - Creekview Fund. Maintenance will be funded through the Creekview Community Facilities District No. 2 (Public Services). The recommended budget adjustment will transfer funds from the General Fund Capital Reserve Fund to the General Fund, and appropriate them into the project to cover the construction costs that exceeded the original budget and allow for the selected add alternates to be included.
ENVIRONMENTAL REVIEW
Development of the C-63 Neighborhood Park Master Plan project was previously evaluated in the Creekview Specific Plan EIR (certified September 19, 2012, SCH No. 2008032017), and identified in the associated Creekview Specific Plan. Based on results of an initial study, construction of the C-63 Neighborhood Park Master Plan project is found to be within the scope of the project covered by the Creekview Specific Plan EIR. As discussed in the Specific Plan EIR, the EIR provides environmental analyses of community infrastructure and facilities, including parks, pedestrian bridges, and bike trails, to the extent applicable. Because the project is consistent with the Creekview Specific Plan EIR and Specific Plan, no new effects would be expected to occur and all applicable mitigation measures from the Creekview Specific Plan EIR will be implemented during the design and construction of the C-63 Neighborhood Park Master Plan project. Because the proposed project meets the requirements identified in Section 15183 of the State CEQA Guidelines, no additional CEQA review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
1. Ensure a safe and healthy community
4. Invest in well-planned infrastructure and growth
6. Deliver exceptional City services
Respectfully Submitted,
Joel De Jong, Park Development Project Manager
Jill Geller, Parks Recreation and Libraries Director
ATTACHMENTS:
1. Vicinity Map
2. Resolution 25-179
3. Agreement
4. Ordinance 6950
REVIEWERS:
Joel De Jong, Parks, Recreation, and Libraries Department - Park Development
Created/Initiated -
5/13/2025
Tara Gee, Parks, Recreation, and Libraries Department - Park Development Approved - 5/13/2025 Jill Geller, Parks, Recreation, and Libraries - All Approved - 5/22/2025
Gretchen Hakala, City Attorney Department Approved - 5/22/2025 Katrina Six, City Clerk Department Approved - 5/22/2025 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 5/27/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 5/27/2025 Michelle Sheidenberger, City Attorney Department Approved - 5/27/2025 Dominick Casey, City Clerk Department Approved - 5/27/2025 Katrina Six, City Clerk Department Final Approval - 5/27/2025
Vicinity Map
C-63 Park Site
RESOLUTION NO. 25-179
APPROVING AN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND BRIGHTVIEW LANDSCAPE DEVELOPMENT, INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, an Agreement for the Lower Bank (C-63) Park project, by and between the City of Roseville and Brightview Landscape Development, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to approve change orders for the project, consistent with the contract terms, provided that the net cost of all change orders shall not exceed ten percent (10%) of the contract price.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2025, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
ORDINANCE NO. 6950
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25
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 2024-25, is hereby amended as listed on the attached budget adjustment for the C-63 Neighborhood Park 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 , 2025, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
REQUEST FOR BUDGET ADJUSTMENT
Updated 11/22/2024
Please complete the cells highlighted in yellow.
REQUESTER NAME & TITLE: FISCAL YEAR:
PREPARER NAME & TITLE: ORDINANCE:
DEPARTMENT/DIVISION:
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment DESCRIPTION
1012 6810 10001 350,000
Establish transfer out from the GF Capital Reserve
Fund to the General Fund for the C-63 Neighborhood
Park project (500351)
1001 6587 84001 500351 350,000 Increase capital outlay expenditure budget (project 500351)
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 700,000
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment DESCRIPTION
1001 4810 10001 350,000
Establish transfer in to the General Fund from the GF
Capital Reserve Fund for the C-63 Neighborhood Park
project (500351)
REVENUES/TRANSFERS IN TOTAL 350,000
NET ADJUSTMENT 350,000
FUND BALANCE
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment DESCRIPTION
1012 3601 00000 000000 (350,000) Decrease General Fund Capital Reserve Fund Fund Balance
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL (350,000)
Justification for Budget Adjustment:
The Parks, Recreation & Libraries Department is requesting a budget adjustment to increase the project budget for the C-63 Neighborhood Park project (500351) by $350,000, increasing the total project budget to $1,550,000. The additional funds are needed to cover construction costs that exceeded the original budget. This budget adjustment will transfer funds out of the General Fund Capital Reserve Fund (1012) to the General Fund (1001) to cover the cost increase. 2024-25Joel De Jong, Park Development Project Manager
Lisa Saunders, Management Analyst
Parks, Recreation & Libraries
City Council
Communication
Meeting Date: 6/4/2025
Item #: VI.4
File #: 0704
Item ID: 2025-259
Title: Winding Creek Adventure Club - Reimbursement Agreement Contact: Rob Nakamura 916-774-5135 [email protected]
SUMMARY
Staff recommends approval of a reimbursement agreement with Roseville City School District for architectural and civil design services, DSA (Division of State Architect) permitting and construction administration services, plumbing and electrical services, and DSA inspection services to connect and install a City of Roseville purchased modular building to operate a new Adventure Club at Winding Creek Elementary School opening in fall of 2026. The reimbursement agreement should not exceed $234,508, including contingencies, and is funded by a General Fund subsidy to the Youth Development Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a reimbursement agreement with the Roseville City School District for architectural and civil design services, DSA permitting and construction administration services, plumbing and electrical services, and DSA inspection services to connect and install a City of Roseville purchased modular building to operate a new Adventure Club at Winding Creek Elementary School opening in fall of 2026.
BACKGROUND
Roseville City School District’s Winding Creek Elementary is currently under construction and is scheduled to open for students in the fall of 2026. To install the city-owned modular facility for the operation of a new Adventure Club and preschool program, Parks, Recreation & Libraries plans to leverage on-site contractor services for DSA permitting and inspection, construction administration of the building utility connections, including plumbing, sewer, and electrical for power and a required fire alarm. Parks, Recreation & Libraries entered into a similar reimbursement agreement with Center Unified School District in 2023 for the DSA permitting and architectural services as part of the installation of the Rex Fortune Adventure Club facility on the school site.
Winding Creek Adventure Club will be the 22nd facility and program operated by the Parks, Recreation & Libraries Department. The building will be licensed to provide childcare for up to 60 school-aged children and is planned to operate a preschool program while K-5 students are in school. This building will also provide programming during school vacation breaks, including summer camp programs.
FISCAL IMPACT
The reimbursement agreement with the Roseville City School District for DSA permitting, inspection and construction services, including utility connections to a city-purchased building, is funded by a General Fund subsidy to the Youth Development Fund. The reimbursement agreement shall not exceed $234,508.00, including contingencies.
ENVIRONMENTAL REVIEW
The proposed project involves a minor addition to an existing school within school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, including the addition of portable classrooms. This activity is categorically exempt from CEQA as a Class 14 Exemption (CEQA Guidelines Section 15314). The Exemption has been prepared and no further CEQA action is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
1. Ensure a safe and healthy community
4. Invest in well-planned infrastructure and growth
6. Deliver exceptional City services
Respectfully Submitted,
Rob Nakamura, Recreation Superintendent
Jill Geller, Parks Recreation and Libraries Director
ATTACHMENTS:
1. Resolution 25-184
2. Winding Creek Reimbursement Agreement
3. CEQA Exemption
REVIEWERS:
Rob Nakamura, Parks, Recreation, and Libraries Department - Recreation Created/Initiated - 5/12/2025 Jeff Nereson, Parks, Recreation, and Libraries Department - Recreation Approved - 5/13/2025 Jill Geller, Parks, Recreation, and Libraries - All Approved - 5/22/2025 Gretchen Hakala, City Attorney Department Approved - 5/22/2025 Katrina Six, City Clerk Department Approved - 5/23/2025 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 5/27/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 5/27/2025 Michelle Sheidenberger, City Attorney Department Approved - 5/27/2025 Dominick Casey, City Clerk Department Approved - 5/27/2025 Katrina Six, City Clerk Department Final Approval - 5/27/2025
RESOLUTION NO. 25-184
APPROVING A REIMBURSEMENT AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND ROSEVILLE CITY SCHOOL DISTRICT, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a Reimbursement Agreement for the Winding Creek Elementary School Adventure Club, by and between the City of Roseville and Roseville City School District, has been reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Reimbursement Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville; and
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2025, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
REIMBURSEMENT AGREEMENT
Winding Creek Elementary School Adventure Club Portable Project THIS AGREEMENT is made this _2_4_ day of __ A_p_r_il ____ , 2025 by and between the City of Roseville, a municipal corporation ("CITY") and Roseville City School District, a California public school district ("RCSD"), and RECITALS:
WHEREAS, RCSD is constructing Winding Creek Elementary and CITY intends to have a portable Adventure Club facility building installed at the elementary school campus (the "Project"); and
WHEREAS, the Project requires architectural and civil design services, Division of State Architect (DSA) permit processing and construction administration services, utility connection services, and DSA inspection services; and
WHEREAS, RCSD has an existing contract with Balfour Beatty Construction, a California corporation, and D .I. Diversified, Inc., a California corporation, who are qualified and experienced to provide the above-referenced services; and WHEREAS, the parties desire to enter into this Reimbursement Agreement regarding the respective costs associated with the Project.
NOW, THEREFORE, the parties agree as follows:
[B:\City Attomey\corres\My Tien\Parks and Rec\Recrcation\Winding Creek Reimbursement Agreement FINAL.docx-4/3/2025]
1. Reimbursement of Costs for Architectural and Civil Design Services, DSA Permitting and Construction Administration Services, and Plumbing and Electrical Engineering Services. CITY shall reimburse RCSD one hundred percent ( 100%) of the costs associated with the services to be completed by Balfour Beatty Construction and its subcontractors that are related to the Project. The total cost of this service shall be two hundred thirty-four thousand five hundred eight dollars ($234,508.00). The scope of work and cost proposal is attached hereto as Exhibit "A" and incorporated herein by reference.
a. Reimbursement of Unanticipated Costs. Of the $234,508 amount referenced above, two (2) twenty-thousand dollar ($20,000.00) contingency amounts are allocated for any unexpected costs or changes that may arise during the duration of the Project for a total contingency amount of forty thousand dollars ($40,000.00). Total reimbursement of unanticipated costs shall not exceed $40,000 and both parties must agree in writing prior to approval of any increases in costs.
2. Reimbursement of Costs for DSA Inspection Services. CITY shall reimburse RCSD one hundred percent ( 100%) of the costs associated with the DSA inspection services that are related to the Project to be completed by D.I. Diversified Inc. The total cost of this service shall be twenty-five thousand dollars ($25,000.00). The scope of work and cost proposal is attached hereto as Exhibit "B".
3. Invoices. The parties may invoice one another as the respective costs are incurred. All invoices must show a breakdown of the services rendered for the Project. Invoices shall be paid by the parties within thirty (30) calendar days of the date of receipt of the invoice.
CITY's total cost of reimbursement for the Project shall not exceed two hundred fifty-nine 2 [B:\City Attomey\corres\My Tien\Parks and Rec\Recreation\Winding Creek Reimbursement Agreement FINAL.docx-4/3/2025]
thousand five hundred eight dollars ($259,508.00) and CITY will not be liable for any payments or costs for work in excess of this amount or for any unauthorized or ineligible costs.
4. Completion of the Project. CITY and RCSD shall use reasonable and diligent efforts to ensure that the consultant(s) complete the Project in accordance with the plans and specifications approved by the parties.
5. Indemnification. CITY shall indemnify, defend and hold harmless RCSD, its officers, directors, agents, employees, and volunteers against all claims, liabilities, damages and expenses ("Claims") including, without limitation, claims for injury to or death of any person, or damage caused by or arising out of services required for the Project or CITY's performance or failure to perform its obligations under this Agreement unless the Claim(s) is subject to RCSD's indemnification, below.
RCSD will indemnify, defend and hold harmless CITY, its officers, directors, agents, employees and volunteers against all claims, liabilities, damages and expenses ("Claims") including, without limitation, claims for injury to or death of any person, or damage caused by RCSD's performance or failure to perform its obligations under this Agreement unless the Claim(s) is subject to CITY's indemnification, above.
6. Time is of the Essence. Time is of the essence of this Agreement.
7. Compliance with Laws. Each party shall comply with all federal, state and local laws, ordinances and policies as may be applicable to its obligations under this Agreement.
8. 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. 3 [B:\City Attomey\corres\My Tien\Parks and Rec\Recreation\Winding Creek Reimbursement Agreement FINAL.docx-4/3/2025]
9. Assignment. Neither party may assign this Agreement without the prior written consent of the other.
10. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
11. 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.
12. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
13. 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.
14. 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
Rob Nakamura
Recreation Superintendent
316 Vernon Street, Suite 400
Roseville, CA 95678
ROSEVILLE CITY
SCHOOL DISTRICT
Justin Barrett
Director of Facilities
1050 Main Street
Roseville, CA 95678
Either party may amend its address for notice by giving notice to the other party in writing. 4 [B:\City Attomey\corres\My Tien\Parks and Rec\Recreation\ Winding Creek Reimbursement Agreement FINAL.docx-4/3/2025)
15. 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.
IN WITNESS WHEREOF, the CITY OF ROSEVILLE, a municipal corporation, has caused this Agreement to be executed 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 RCSD has caused this Agreement to be executed.
CITY OF ROSEVILLE, a
municipal corporation
BY: ------------DOMINICK CASEY
City Manager
ATTEST:
BY: ------------CARMEN AVALOS
City Clerk
APPROVED AS TO FORM:
BY: -------------MICHELLE SHE IDEN BERGER
City Attorney
ROSEVILLE CITY SCHOOL DISTRICT,
a California public school district
its: Associate Superintendent, Business Services
its: Superintendent
5 [B:\City Attomey\corres\My Tien\Parks and Rec\Recreation\Winding Creek Reimbursement Agreement FINAL.docx-4/3/2025]
APPROVED AS TO SUBSTANCE:
BY: ~~
Parks, Recreation & Libraries Director
6 [B:\City Attomey\com:s\My Tien\Parks and Rec\Recreation\ Winding Creek Reimbursement Agreement FINAL.docx-4/3/2025]
7 [B:\City Attorney\corres\My Tien\Parks and Rec\Recreation\Winding Creek Reimbursement Agreement FINAL.docx-4/3/2025]
Exhibit “A”
t.916.760.0805
1110 Iron Point Road
Suite 280
Folsom, CA 95630
License No. 979126
March 31, 2025
Mr. Justin Barrett
Director of Maintenance and Facilities
Roseville City School District
1050 Main Street
Roseville, CA 95678
RE: Roseville City School District Contract Number C80
Balfour Beatty Project No. 11798001 / RCSD C80 (Wi nding Creek) Elementary School Revised Proposal for Adventure Club Design, Permit ting, Construction and Construction Administration Services
Dear Justin,
Balfour Beatty is pleased to submit this further revised proposal for professional design, permit processing and construction administration services; as well as for infrastructure construction costs and management associated with the proposed Adventure Club portable building.
Background
The Adventure Club shall be installed on the Roseville City School District (RCSD) C80 Winding Creek E lementary School site via agreement between RCSD & the City of Roseville (CoR). The Adventure Club building will be a pre-f abricated, DSA pre- approved template structure, placed on the east side of the campus between RCSD’s permanent school bui ldings ‘D’ and ‘E’.
See attached Site Plan Exhibit A.
This proposal is based on discussions, understandin g and documents provided to RCSD and Balfour Beatty by the City of Roseville, primarily:
• Adventure Club – Scope of Work – Installation of Portable Classroom , updated 03/31/2025, (1p. attached, Exhibit B) • DSA-approved Pre-Check drawings for Westbrook Elementary, full plan set dated 10/12/2022 (68 shts, not attached) • Adventure Club Planning Meetings #01 on 7/9/2024; # 02 on 8/12/2024 (minutes previously distributed); 2 /13/2025; and clarification e-mails from City of Roseville 3/11/2025 through 3/28/2025.
As indicated by the City of Roseville and documented in meeting #02, CoR has not finalized a purchase agreement with Class Leasing, LLC, for the Winding Creek Adventure Club. The portable may be fabricated and installed by a nother company (TBD), but if such occurs, the configuration and infrastructure requirements will be very similar.
The Adventure Club schedule shall fall within the construction durations of the Phase 2 Master Project schedule; and Substantial Completion of the facility shall be commensurate with the Substantial Completion of the Ma ster Project.
Design and Engineering Scope of Services
Balfour Beatty (BBC), HMC Architects and our contra cted Civil Engineering, Plumbing Engineering and Electrical Engineering Consultants will:
• Update drawings as necessary to include all requirements in the City’s Scope of Work document (Exhibit B). • HMC Architects will adjust the permanent site fencing and gate locations, coordinated with the portabl e buildings. • BBC and HMC have scoped the project requirements an d determined that revised Civil Grading and Utilities Plans; Plumbing Site Plan & details for the final connections to domestic water and sanitary sewer; and Elec trical drawings for the engineering, circuiting and final connections of electrical, intercom and fire alarm, as well as final pathways for fiber optics installations, are required. No Structural Engineering services are anticipated or included in this proposal. • HMC Architects and BBC’s Design Manager shall coord inate all disciplines’ documents, along with the CoR’s Pre- Check vendor documents; and packaging/submitting them to DSA for separate project and permit number a nd CoR Fire Department for review.
Roseville City School District Contract Number C80
Balfour Beatty Project No. 17198001 / RCSD C80 (Winding Creek) Elementary School Proposal for Adventure Club Design, Permitting, Construction and Construction Administration Services March 31, 2025
• HMC Architects and the Consultants, as necessary, will monitor the DSA and CoR Fire Department review processes; respond to both Agency comments, resubmit responses to comments, ensuring final DSA and CoR Fire Depar tment permit approvals.
• BBC will provide Design Management oversight of the Design, Documentation, Coordination and Agency/Permit activities, including arranging meetings with RCSD and the CoR; documenting & distributing meeting mi nutes, and fostering regular communications.
Refer to attached proposals prepared by HMC Architects (9/3/2024, 2pp, Exhibit C); ACCO Engineered Sy stems (9/4/2024, updated 2/20/2025, 3pp, Exhibit D); and Alessandro Electric (03/28/2025, 21pp, Exhibit E.1; plus 8/23 /2024, 2pp., Exhibit E.2) for additional Scopes of Work descriptions.
Construction Scope of Work
Balfour Beatty, our contracted Trade Partners (ACCO & Alessandro Electric) and other Subcontractors aw arded the Work will:
• Include all requirements in the City’s Scope of Work document (Exhibit B). • Install asphaltic concrete (AC) pad to accommodate 48’ x 40’ portable building footprint and loading/b earing requirements set forth in the DSA Pre-Check documents. Note: no new concrete foundations or other spec ial foundation systems are required/included in this proposal. AC pad area shall include surface for insta llation of the ADA access ramp.
• Install electrical power from Main Switchboard located at MPR Building B (west side of campus) and mak e final connections to the portable building’s service entrance panel. • Install domestic water source and sanitary sewer connections to within 5 feet of the portable building’s prescribed connection points. Plumbing Subcontractor shall effect final connections between site underground and portable building stubs, including required Moen leak detection device. • Portable building components, wood foundation, ADA access ramp & final connection of site fire service to portable building fire riser shall be provided and installed by the portable building’s manufacturer & their separately-contracted fire sprinkler Subcontractor.
• Telephone and internet services shall be ordered, i nstalled and coordinated by CoR. Security alarm de vices and/or monitoring services shall be ordered, installed and/or coordinated by CoR. A programmable [digital ke ypad or sim.] lockset shall be provided and installed by CoR. All FF&E shall be provided and installed by CoR.
Balfour Beatty and our Design-Build Team propose to furnish all design, engineering, coordination and management, and construction work as defined above and in the referenced exhibits for the Lump Sum Price of $234,508.0 0 (Two Hundred Thirty Four Thousand Five Hundred Eight and No/100 Dollars), with full understanding that the $40,000.00 (plu s markups) contingencies are a Not to Exceed component of the total price. Please refer to Exhibit F for breakdown of costs by discipline and trade, as well as Balfour Beatty’s Design Management Team Coordination services.
Please review this proposal and call or write with any questions.
Respectfully submitted,
Joe Hucik, Associate DBIA
Senior Project Manager
cc: Amy Banks : RCSD
Kyle Frandsen : Balfour Beatty Main Office Admin ( original) Steve Schrader : Balfour Beatty File Director (sca nned copy)
RCSD C80 Winding Creek ES
Prepared By: Joe Hucik & Steven Schrader
Project Location: 1135 Celebrate Drive, Roseville, CA 95747 Date: 03/31/2025
DIRECT COSTS
Number Name Company Amount
1 Architectural & Civil Design, Coordination, DSA Permit, CA Services (Exhibit C) HMC Architects $40,000 2 Plumbing Engineering, Coordination, DSA Permit, CA Services (Exhibit D) ACCO Engineered Systems $2,732 3 Electrical Engineering, Coordination, DSA Permit, CA Services (Exhibits E.1 & E.2) Alessandro Electric / TEE $6,500 4 Design Management & Coordination Services (40 hours) Balfour Beatty $9,800 5 Plumbing - Connections from Portable to Water & Sewer Infrastructure (Exhibit D) ACCO Engineered Systems $15,124 6 Electrical - Connect Portable to Power, Signal, Fire Alarm, Campus PA / Intercom (Exhibit E.1) Alessandro Electric $104,429 7 Project Construction Contingency - City of Roseville Balfour Beatty $20,000 8 Project Construction Contingency - RCSD / Balfour Beatty Balfour Beatty $20,000 Direct Costs Subtotal $218,585
INDIRECT COSTS
Number Calculation Type Amount
$7,715
Lump sum $2,931
Lump sum $2,345
Lump sum $2,439
$8,208
Lump sum $8,208
$15,923
$234,508
EXHIBIT F
RCSD C80 Winding Creek Elementary School Adventure Club Package Total Description Calculation
Insurance & Bonds
Builders Risk Premium @1.25%
Indirect Costs Subtotal
Fees
Payment & Performance Bonds @ 1.00%
GL Insurance @ 1.04%
GC Fee @ 3.50%
BLDG A
BLDG B
BLDG C
BLDG D
BLDG E
BLDG D
G01
G04
G05
G06
G07
G09
G10
G12
G11
G14
1 A1.31
1 A1.32
1 A1.31 1
A1.33
1 A1.33
1 A1.32
VISITOR PARKING
PARENT DROP -OFF
PARENT DROP -OFF
VISITOR PARKING
STAFF PARKING
BUS DROP -OFF
FUTURE
BLDG F
FUTURE PARK
G16
22.02 22.02
22.02 22.02
22.02 20' - 0
"
CELEBRATE DRIVE
SUNKISSED STREET
HOLT PARKWAY
G08
ADMINISTRATION
37' - 11 1/2"
41' - 5"
58' - 10 1/2"
35' - 6 1/2"
G
H
Z
A
B
C
DEF
I J K L M
N
O
P
QR
S
T U V W X
Y
G41
G42
G43
32.52 32.52
MENTAL METAL No SINGLE 1/A10.01
MENTAL METAL No PAIR 1/A10.01
ED WIRE MESH No PAIR 20/A10.01
ED WIRE MESH No SINGLE 19/A10.01
L No PAIR 4/A10.01
L No PAIR 4/A10.01
L Yes SINGLE 3/A10.01
Adventure Club
EXHIBIT A
RCSD C80 (WINDING CREEK) ELEMENTARY SCHOOL SITE PLAN
EXHIBIT B
Winding Creek Adventure Club Updated: 03/31/2025
Scope of Work – Installation of Portable Classroom
Roseville City School District Scope of Work - The following will be coordinated/installed by the Roseville City School District as part of the school’s construction project at no cost to the City of Roseville:
• Provide asphalt pad to accommodate 48x40 portable classroom with additional space for ADA access ramp.
• Install underground utilities to portable classroom location to specific stub up and sewer clean out locations per plans, or, at minimum within 5 feet of the rear of the building pad including domestic water, sewer, electrical, low voltage and fire water. Costs included in this contract assume utility stub-ups and tie-ins at locations indicated on representative Westbrook Elementary School Adventure Club project plans dated 10/12/2022 (DSA approval date). • Ensure electrical breaker and data connection ports are available at main electric and fire panels to serve the portable building to accommodate power, data, intercom, and fire alarm. • Install 6’ high fencing and pedestrian gates as designed for campus security
Additional Roseville City School District Scope of Work : The following associated with the Adventure Club Portable Building will be provided/installed by the Roseville City School District and subject to reimbursement by the City of Roseville.
EXHIBIT C – HMC Architects: provides architectural & civil design, DSA submittals and DSA permitting
EXHIBIT D – ACCO Engineered Systems: provides plumbing connections including domestic water and sewer. Install sewer cleanouts, external hose bib, and a leak detection device.
EXHIBIT E – Alessandro Electric: provides all electrical connections including main power & low voltage (fire alarm/equipment, data fiber, clock, and emergency speaker; power above entry door for security system & programmable lock).
EXHIBIT F – Balfour Beatty Construction: provides construction administration services, DSA required signage, ADA ramp transition (bottom of ramp to site hardscape) and fire riser fence enclosure.
City contracted/installed :
• DSA classroom building 48x40 on wood foundation with ADA ramp • Fire riser from stub-up at-grade to portable; complete wet-pipe building sprinkler system (assumed to be by the portable building manufacturer/installer) • Telephone service, internet service, WAP devices, security alarm, programmable lock • All furnishings, fixtures, and equipment.
September 3, 2024
Kyle Frandsen
Director, Sacramento | Balfour Beatty
1110 Iron Point Rd #280, Folsom, CA 95630
Sacramento, CA 95814
Project: Creekview Elementary School
HMC #3575001-TBD
Subject: Proposal for Additional Architectural and Engineering Services For Addition of Adventure Club
Dear Kyle,
HMC Group hereby submits our additional services fee proposal for professional architectural and civil engineering services for the addition of the Adventure Club to the C80 Creekview ES school site.
A. Background
The Roseville City School District, working with the City of Roseville, will be adding a 40x48 PC building to the Creekview site for an after-school program.
B. Scope of Work
The Scope of Work includes Architectural and Civil Engineering services required for DSA approval and subsequent construction. The scope includes but is not limited to:
• Provide drawings for preparation of the pad for the 40x48 portable classroom and additional space for an access ramp.
• Design drawings showing underground utilities to the portable classroom location within 5 feet of the building, including water, sewer, and fire water. • Fencing and gates layout as designed for campus security. • Submission for and subsequent Local Fire and DSA approval. • Construction supervision.
C. Compensation
HMC will provide the services outlined in the Scope of Work on a lump sum fixed fee basis of forty thousand dollars ($40,000).
D. Schedule
The project schedule will remain the same as outlined in the “Agreement for Architectural Services” dated September 13, 2023, Attachment C.
E. Additional Services
If additional services are required beyond the original Scope of Work, HMC will bill on an hourly basis per Attachment “A,” HMC Rate Schedule.
F. Reimbursable Expenses
None anticipated.
(see cost allocations on Page 2)
EXHIBIT C
2 G. Authorization/Agreement to Proceed
HMC Group is hereby requested and authorized by Balfour Beatty to provide Architectural and Engineering Services as described above. All the foregoing is agreed to and authorized by:
7/12/24
Brian Meyers LEED AP
BD+C
Practice Leader
Date Balfour Beatty Date
Please review this Proposal and if it meets with your approval, please sign and return to my attention.
Sincerely,
HMC Group
Michael Rath
Principal Architect
August 27, 2024
September 4, 2024 Rev
Joe Hucik
Balfour Beatty
Via Email
RE: RCSD C80 Elementary School – Adventure Club
Roseville CA
SUBJECT: Plumbing Construction Proposal
Dear Joe,
We are pleased to present our Plumbing proposal proposed Adventure Club at the C80 Elementary School site located in Roseville California.
Our proposal is based on the following:
• Plumbing scope on detail 1/Alt-01 sheet of the Wes tbrook ADV Club pdf set of plans, dated 10/3/22
• Adventure Club typical SOW
• Moen leak detection device pdf
• Steve Schrader email on 8/21/24
Design Scope:
1. ACCO to provide 2D CAD drawings suitable for per mit along with necessary engineering and design services (BIM not included)
HVAC Scope:
2. No HVAC scope
3. Self contained units to be installed, ducted and started by others
Plumbing:
1. ACCO to connect to site utilities max 5 ft from new portable a. Domestic cold water
b. Sanitary waste
2. ACCO to connect site utilities to trailer provid ed and installed by others a. It is assumed that the points of connection on t he portables are within five feet of the civil utilities
3. ACCO to provide and install Moen leak detection device a. Flo By Moen - One inch size
b. ACCO not responsible for power or Bluetooth conn ection i. It is assumed that once this device is installed ACCO’s scope will be completed
ii. Bluetooth integration, assumed to be by Rosevil le School District
Pricing:
Design Scope - Plumbing Tie In: .............................................................. $2,732.00 Construction Scope - Plumbing Tie In: .................................................. $12,574.00
Alternates:
ACCO will assist with commissioning but this will require participation by Roseville School District facilities team
Plumbing Commissioning Pricing: ..................................................ADD $1,886.00
Chlorination
ACCO to perform chlorination of domestic water piping. Chlorine to be injected at the POC at the portables and run through domestic cold water system that was installed by others within the portable per Alt-01 drawing. Chlorination report to be provided.
Plumbing Chlorination Pricing: ........................................................ADD $2,400.00
Clarifications and Exclusions:
1. Pricing of materials and equipment is based on t oday pricing, no cost escalation has been included due to the volatility of the mark et and constant varying price increases
2. We assume this proposal will be part of the cont ract.
3. Permits or fees are by others.
4. We have not included water or gas meters.
5. We have not included BIM.
6. We have not included the costs for bonds.
7. We have not included any site plumbing all utili ties are stubbed out 5’ for connection by others.
8. We have not included excavation of excessive roc k, we assume the built-up pad will be sufficient enough that we will not be into any Merton. (Rock Excavation is excluded)
9. It is believed that native soils can be used for backfill without any screening etc..
10. We have not included participation in a composite cleanup crew…ACCO will pick up its own trash daily and dispose in a dumpster provided by others.
11. All work is to be done during normal work hours.
12. We have not included safe off of any site utili ties, supplying of any temporary water, connection of utilities to site construction trailers. etc.
13. Cutting, patching, painting is not included
14. We assume we can use pro-press copper on hydron ic, condensates & domestic water
15. Installation will be consistent with ACCO desig n build methods and materials.
Our design practices will conform to requirements stipulated. This will include site meeting participation during the coordination and installation process.
16. Material submittal will be provided detailing material and methods to be utilized. All material and equipment furnish ed and installed will be guaranteed to be new and free from defects. Standard manufacturer’s warranties are provided.
17. We assume LEED paperwork will be handled by others.
18. Equipment warranty begins upon beneficial use
19. No natural gas is believed to be on site, & thus is not included
20. Warranty start date shall begin once equipment is started up
We appreciate the opportunity to present our Plumbing proposal and look forward to working with you on this project. Please call me at 916-833-4126 if you have any questions.
Sincerely,
ACCO Engineered Systems, Inc.
Nic Haviland
Sr Project Manager
LicenseC10 & C7 # 867775 - State Certified Small Business Enterprise #74503 - DIR #1000003067 11335 Sunrise Gold Circle, Rancho Cordova, CA 95742 ▪Phone 916-283-6966▪Fax 916-283-6967 www.alessandroelectric.com
ESTIMATE – Roseville C80 – Adventure Club
Date: 03/28/2025
To: Balfour Beatty
Attn: Joe Hucik
Scope:
Installation of electrical and low voltage systems per electrical system design criteria for the Adventure Club with an extended start date of April 2024 including escalation estimates, and temp power/lighting for construction.
Inclusions:
Electrical system design criteria
Trench and backfill for electrical
Power
Fire Alarm
Data & Fiber Optics
Clock
Power for Intrusion and Card Access
panels installed by other.
Temp power& Lighting installation, maintenance, relocations, and demolition
Exclusions:
Active Networking Equipment
Phone System
AV
CCTV
Bonds Plans Permits & Fees
HAZMAT
Allowances
Seismic wires
Asphalt and concrete cut removal patch back
Concrete for electrical pads
Surveying and staking
Traffic control
Plumbing repairs
Landscape or sprinkler repair
Private utility locating
Spoils removal
Cut patch & paint
Backing blocking & or framing
All HVAC Controls, Conduit, Wire
Access Hatches
Dumpster for trash removal
Rock excavation
Demolition
Concrete scanning or coring
Overtime/shift differential
Addenda: N/A
Estimate based on January 2025 start date
Total 26 Electrical 27 Communications 28 Electronic Safety & Security
Adventure Club $ 103,394.78 $ 55,302.63 $ 20,411.14 $ 27,681.01
The Adventure Club pricing above does not include installation of the security alarm.
Add Alternate – Include Security Alarm for the Adventure Club $5503 EXHIBIT E.1
+ 1% bond, total = $104,428.73
Eaton Corporation
1741 E Roseville Pkwy, Ste 400
Roseville, CA 95661
Fax: (916) 780-4141
QUOTATION FOR:
CREEKVIEW ELEMENTARY SCHOOL
NEG# SR600627X4K2
ALT# 0000
DATE: 06.28.2024
Rev_0
EQUIPMENT SUMMARY & SELLING POLICY
EATON Electrical is pleased to offer the following Scope of Work and Bill of Material for your consideration. The Bill of Mat erial is in accordance with our interpretation of the Plans and Specifications. This offer is subject to your approval and is conditional upon your acceptance of the applicable EATON Electrical Selling Policy listed below. Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the COVID -19 pandemic or any future epidemic, and Buyer shall not be entitled to any damages resulting thereof. Schedules are based on current factory scheduling. Lead times are subject to change at order entry due to market and plant conditions. Please contact your EATON Electrical sales engineer or distributor if different dates are required. Shipment Dates are based on returned Approval Drawings marked “RELEASED FOR MANUFACTURE”.
Equipment Applicable
EATON Selling Policy
Weeks for Approval
Drawings Submittal
Weeks Shipment
After Release of Order
Switchboards 25-000 1-2 40+
Panelboards 25-000 1-2 3-25+
Transformers / Safety Switches 25-000 1-2 Stock - 4
25-000
25-000
Job is quoted:
Per Plan Drawings and Spec Sections: Comments and special conditions as noted.
Per Plans Only – E0.04, E0.05, E6.01 (Updated 11/03/2022) Per Customer's Take Off – Verbal
Per Customer's Take Off – Written
Other:
Unless otherwise noted:
No Addendum Included.
Includes Addenda #
Respectfully,
Gazi Alvi
Sales Engineer
Eaton Corporation
1741 E Roseville Pkwy Suite 400 | Roseville, CA 95661 | USA Mobile: 916.926.3386
[email protected]
BOM Contractor Net $170,970.00
Admin $ 15,723.00
Classroom 2 Story $32,427.00
Kindergarten $13,889.00
Library $3,916.00
Multi-Purpose $20,344.00
Adventure Club $7,902.00
Site $66,927.00
Studies $9,842.00
GENERAL COMMENTS, CLARIFICATIONS, SPECIAL CONDITIONS
1. Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the COVID-19 pandemic or any future epidemic, and Buyer shall not be entitled to any damages resulting thereof.
2. Cable terminations use mechanical type lugs, not compression type lugs, unless shown in the description of the equipment. Mechanical lugs will accept either copper or aluminum cables.
Standard termination lugs are provided based on the ampacity of each circuit. Optional lugs are available that generally allow for the next larger standard cable size. Oversized lugs and/or additional quantities of parallel cables must be accommodated by the contractor’s installation method (e.g. insulated cable splices in the equipment gutter, power terminal blocks, etc.) and are not part of this quotation.
3. Not included unless shown as a separate item within this bill of materials: safety switches, enclosed circuit breakers, starters meter sockets, spare parts / renewal parts and other miscellaneous equipment, 600 Volt or 250V fuses (others supplied only if noted specifically), extended warranty, seismic calculations, and selective coordination.
4. Dry type transformers (DOE 2016) - primary or secondary terminal lugs are not included. DTDT supplied with factory standard impedance and reactance levels unless shown otherwise.
5. Panels and switchboards- Eaton is not responsible for Title 24 design compliance unless Title 24 requirements are an integral part of the design. *** SPD and customer metering are only included where shown on single line or panel schedules. ***
6. Eaton not responsible for Utility Meter Maximum center-line Height or CEC/NEC 6’-7” center of OCPD handle violation if the surface for electrical equipment supplied by Eaton – Enclosed Control, Fused or MCCB Switching Devices, Panelboards, Switchboards, LV Switchgear, MV Switchgear, etc…. – is installed on a surface more than 1” (i.e., housekeeping pads) above the level plane in front of the equipment as required by Utilities and NEC/CEC.
7. Order Entry- Eaton does not send utility approval drawings unless requested by customer. Customer to provide utility contact information. Lift gate truck requirement for switchboard delivery must be requested at or before time of order entry. Liquidated damages will not be accepted.
All orders must be released for manufacture within 90 days of date of order entry. If approval drawings
are required, a Hold-For-Release PO is required. All drawings must be returned approved for release within 60 days of mailing. If drawings are not returned accordingly, and/or if shipment is delayed for any reason, the price of the order will increase by 1.0% per month or fraction thereof for the time the shipment is delayed. If order is cancelled AFTER approval drawings are provided, a cancellation charge of $1,000.00 or 2% of order value, whichever is greater, will be accessed against the PO.
ALL lead-times are provided as a good faith estimate due to the supply chain issues caused by COVID-19.
PROJECT SPECIFIC COMMENTS & CLARIFICATIONS
• Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the COVID-19 pandemic or any future epidemic, and Buyer shall not be entitled to any damages resulting thereof. • Only the items listed in the equipment table above and detailed in the BoM are provided in this quote. Any changes to the above BoM may result in a price change.
• No testing or studies are part of this quote.
• Taking exception from density rated silver plated copper bussing and providing standard copper bussing for switchboards and panels per contractor’s request.
• Providing Gen Purpose Ventilated XFMR with Cu windings and 115 Deg rise. • Panel AC Schedules not found. Quoting a 42 ckt 225A panel filled with 20A/1P breakers. Contractor to confirm the schedule before ordering.
• Red paint on breakers by Others.
• GFCI breakers not available at 25 kAIC. Quoting normal Thermal-Mags. • 3P GFCI breakers not available with Eaton. Quoting 3P GFCI breakers as 2P GFCI breakers. 3P breakers w/ Shunt trip in Panel LK1 are being quoted without GFCI as well.
• Fuses for Safety Switches by Others.
• EH1 has been divided into 2 sections due to sizing issues.
BILL OF MATERIAL
All orders must be released for manufacture within 90 days of date of order entry. If approval drawings are required, a Hold-For- Release PO is required. All drawings must be returned approved for release within 60 days of mailing. If drawings are not returned accordingly, and/or if shipment is delayed for any reason, the price of the order will increase by 1.0% per month or fraction thereof for the time the shipment is delayed. If order is cancelled AFTER approval drawings are provided, a cancellation charge of $1,000.00 or 2% of order value, whichever is greater, will be accessed against the PO.
BOM
Item
No.
Qty Product Description
1 EESS Services EESS Short Circuit and Coordination
Studies: Arc Flash Hazard Analysis, Arc
Flash Labels - Custom
***See Approval Drawings for Clarifications and
Exceptions***
GAZI A
Catalog No U0130-107
Designation Power Studies
Qty List of Materials
1 ESS Study-BidManager
1 Quoted by Bid Manager
1 Arc Flash study
1 Arc Flash Labels - Custom
Item
No.
Qty Product Description
1 Switchboards Pow-R-Line Xpert Switchboard, Front
Access/ Front and Rear Align, Type 3R
(nonwalk-in) Flat Roof, 480Y/277V 3-Phase
4-Wire, 1600 Silver Plated Copper, Minimum
Interrupting Rating: 65kA, Bus Bracing
Rating: 65kA, Depth: 30 In, Density Rated
Bus
Catalog No SCANEIWBF1G1B3
Designation MSB
Structure 1 1600 Amp Silver Plated CU Bussed Incoming
Pull Section (Density Rated Bus)
Vertical Isol. Barrier (Service Entrance)
Item
No.
Qty Product Description
1 Panelboards PRL2X, 42 Circuits, 225A, Fully Rated,
208Y/120V 3Ph 4W, Copper Bus, 25kAIC,
225A, 3P PDD23F0225 Main Breaker[Top
Fed], Surface Mounted
Catalog No PASBEDBTB42A
Designation AC
Qty List of Materials
1 225A, 3P PDD23F0225 Main Breaker
42 20A, 1P GHQ Branch Breaker
1 Copper Main Bus, 225 Amps
1 Std. Bolted Cu Ground Bar (Cu Cable Only)
1 Panel Nameplate - White with Black Letters
1 Type 1 Enclosure: EZB2048R
1 EZ Trim, Door in Door, Concealed Hardware:
EZT2048S
Item
No.
Qty Product Description
1 Panelboards PRL2X, 60 Circuits, 400A, Fully Rated,
208Y/120V 3Ph 4W, Copper Bus, 25kAIC,
400A, 3P PDD33G0400 Main Breaker[Top
Fed], Surface Mounted
Catalog No PBSBEFBTB60A
Designation BL1
Qty List of Materials
1 400A, 3P PDD33G0400 Main Breaker
1 Padlockable Lockoff Device
1 30A, 2P GHQ Branch Breaker
50 20A, 1P GHQ Branch Breaker
3 1P Branch Provision Only
1 15A, 2P GHQ Branch Breaker
1 20A, 1P GHB Branch Breaker
1 20A, 2P GHQ Branch Breaker
1 150A, 3P PDD23G0150 Sub-Feed Breaker
1 Copper Main Bus, 400 Amps
1 Std. Bolted Cu Ground Bar (Cu Cable Only)
1 Panel Nameplate - White with Black Letters
1 Type 1 Enclosure: EZB2090R
1 EZ Trim, Door in Door, Concealed Hardware:
EZT2090S
Item
No.
Qty Product Description
1 Dry Type
Transformers
Transformer Type: General Purpose Vented
3 Phase, 75 KVA,
1 K-Factor
480 Primary Volts
208Y/120 Secondary Volts
Temperature Rise 115C with 220C Insulation
System
Copper Winding Material
Sound Reduction : 0
NEMA ST-20 Audible Sound Level: 50
Efficiency : DOE 10 CFR Part 431 (2016)
UL Listed : Y
Enclosure Type: NEMA 2 (for N3R, select Weather
Shield in Mods tab)
Operating Frequency: 60 HZ
Catalog No V48M28F7516CU
Designation TX-A1
Item
No.
Qty Product Description
1 Dry Type
Transformers
Transformer Type: General Purpose Vented
3 Phase, 45 KVA,
1 K-Factor
480 Primary Volts
208Y/120 Secondary Volts
Temperature Rise 115C with 220C Insulation
System
Copper Winding Material
Sound Reduction : 0
NEMA ST-20 Audible Sound Level: 45
Efficiency : DOE 10 CFR Part 431 (2016)
UL Listed : Y
Enclosure Type: NEMA 2 (for N3R, select Weather
Shield in Mods tab)
Operating Frequency: 60 HZ
Catalog No V48M28F4516CU
Designation TX-AC
COMMENTS & SPECIAL CONDITIONS
1. Written quotations are valid for 30 days from its date unless otherwise stated.
2. Lead times are plus transit.
3. Eaton provides FOB Factory (or FOB Destination as adder); any additional logistics/staging/kitting should be coordinated through an authorized Eaton distributor.
4. The bill of material is based upon on our interpretation of any specifications, drawings, and/or other information provided. Any items or features not listed in the bill of material are not included.
5. Any modifications or additions to the bill of material will require a revised quotation and is subject to a change in price and lead times.
6. Items NOT included unless shown as a separate item within the bill of materials: safety switches, enclosed circuit breakers, starters, meter sockets, lighting contactors, fuses, spare parts, renewal parts, other miscellaneous equipment, factory testing, extended warranty, seismic calculations, selective coordination or ArcFlash analysis.
7. When the information is not indicated, it is assumed equipment enclosures are NEMA 1 indoor.
8. When the information is not indicated, it is assumed Panelboards are NEMA 1 indoor, flush mounted, 10kAIC (208V) and 14kAIC (480V).
9. Nameplates are NOT included for miscellaneous equipment such as safety switches, enclosed circuit breakers, starters, lighting contactors, etc.
10. Cable terminations use mechanical type lugs. Mechanical lugs will accept either copper or aluminum cables. Compression type lugs are available at an additional charge.
11. Proposed equipment is finished using EATON Electrical standard application process and colors.
12. Dry Type transformers (DOE 2016) supplied do NOT include primary or secondary terminal lugs. Dry type transformers are supplied with factory standard impedance and reactance levels unless shown otherwise.
13. Motor control centers overload heaters are included in MCC pricing. However, these heaters will NOT be shipped until a verified list of full load amps or the specific heater sizes have been submitted to Eaton Electrical in writing.
14. The Supply and Installation of Labels and Signage as required by the 2011 NEC/2010 CEC (i.e., See 110.24; 230.72(A); 312.8(3); 403.8(F)(2); 408.4) as “Field Installed” are the responsibility of the End User and are NOT included in this quotation.
15. SEISMIC QUALIFICATION: Eaton equipment is Seismic certified per IBC and CBC requirements where applicable. Eaton will supply “Seismic Qualified” certificates, mounting provision locations, center of gravity, weights, and installation recommendations. (These items can also be found at www.eaton.com/seismic) The CONTRACTOR will be responsible for all costs associated with the equipment anchorage details that are to be prepared and stamped by a licensed civil engineer in the State of California. Said drawings shall be coordinated with the Eaton supplied mounting provision locations, center of gravity, weights, and installation recommendations. Calculations of anchor lengths and other seismic calculations are to be PROVIDED BY OTHERS.
16. TITLE 24: Panels and switchboards - Eaton is not responsible for Title 24 design compliance unless Title 24 requirements are an integral part of the design. SPD and customer metering is only included where shown on single line or panel schedules.
17. NEC/CEC ARTICLE 240.87(B): Eaton will provide the arc reduction method where it is specifically called for on the plans and specifications for circuit breakers that are rated or can be adjusted to 1200A or higher. Where no method is detailed on the plans and specifications, Eaton will provide standard circuit breakers with the features defined in the plans and specifications and can provide the additional cost adder(s) for compliance with article 240.87(B) at a future date when the designers of the project select their choice of arc reduction method.
TERMS & CONDITIONS SUMMARY
1. All orders must be released for manufacture within 90 days of date of order entry. If approval drawings are required, drawings must be returned approved for release within 60 days of mailing. If drawings are not returned accordingly, and/or if shipment is delayed for any reason, the price of the order will increase by 1.0% per month or fraction there of for the time the shipment is delayed.
2. Customer accepts Terms & Conditions of the EATON Corporation 25-000 Selling Policy when accepting this quotation and placing an order. Eaton 25- 000 Selling Policy also contains payment, net and discount terms. Customer’s PO must state “Per EATON 25-000 Selling Policy.
3. Applicable sales taxes are NOT included in the quoted price.
4. Delivery of this electrical equipment to any common carrier shall constitute delivery to the purchaser; and all risk of loss and damage during shipment shall pass to the purchaser at that time.
5. Freight charges are included in the price (Standard ground freight). F.O.B. - Factory to accessible common carrier point nearest first destination continental USA. For F.O.B. Destination, add 2% to the above Quoted Amount. (NOTE: F.O.B. – Destination is INCLUDED on all GSA purchases)
6. WARRANTY: Standard EATON Electrical warranty is applicable for (12) months from date of installation of the product or (18) months from date of shipment of the product, whichever occurs first.
Quality Sound
2010
E. Fremont St.
Stockton, CA
95205
QUOTE
8252
CA
496881
C-
7 , C-
10 DIR
1000000115
ACO 6020
BILL TO
JOB LOCATION
Company:
Roseville City Elem. School
District
Company:
C80 Creekview Elementary
School
Date:
2022-12-08
Address:
1050 Main Street
Address:
Corner of Celebrate Drive &
Sunkissed Drive
Sales Rep:
David Pattee
Roseville, CA 95678
Roseville, CA 95747
Phone:
(209) 948 2104 EXT 1072
Contact:
Contact:
Phone:
9162836966
Phone:
SCOPE OF WORK
This quote is for the addition of two IP Speakers (2'x2' Ceiling Tile Drop-In Type) for the two classrooms at the proposed Adventure Club Portable. These speakers will be able to be programmed for emergency announcements only.
TITLE
New C80 Creekview Elementary School - Adventure Club Portable Building
MANUFACTURER
DESCRIPTION
QTY
267613 - School Communication System
Rauland
Telecenter Campus IP Module 3
2.00 Rauland
8 Ohm 2X2 Spkr Assy W/Rj45
2.00 Quality Sound
Freight, Shipping, Handling
1.00 Quality Sound
1 Year Workmanship Warranty
1.00 Quality Sound
Sales Tax Included, "Use Tax"
1.00 Quality Sound
1 Year Workmanship Warranty
1.00 Quality Sound
Freight (non-taxable)
1.00 Professional Services
267613 - School Communication System
Total:
$3,075.00
Subtotal:
$3,075.00
Tax:
$0.00
Total:
$3,075.00
TERMS AND CONDITIONS:
Pricing is only good for forty-five days. A signed quote, contract, or P.O. shall be delivered to Quality Sound before any work is started or materials ordered.
Quality Sound is not responsible for delays caused by product availability. Quality Sound's on-site staff will require the work area to be free of obstructions prior to the commencement of any work. In addition, our staff will need unrestricted access to and from the work area and access to the nearest loading area. During service, the work areas should be considered a construction zone. In the interest of public safety, our staff must have priority use of the work areas until the services are complete. Our staff is scheduled to perform only the work included in this quote. If anyone with authority wishes to change or modify the scope of work, please get in touch with our office. If scheduling problems arise, Quality Sound will try to work around those needs. Quality Sound provides a one-year warranty against materials and workmanship defects on the newly installed equipment; manufacturer ’
s component warranties vary, but many extend past this
point. All invoices shall be paid within forty-five days; after forty-five days, interest will be charged at 1.5% per month. Payments are accepted via check, electronic transfer, or cash. A service fee of 3.5% will be charged when paying with a credit card.
Thank you again for choosing Quality Sound.
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:________________________________
(Print Name)
SIGNATURE:____________________________
DATE:__________________________________
Printed:
2024-06-27
Page
1 of
1
SECURITY PROPOSAL
for
Adventure Club
C80-Creekview Elementary School
Proposal # 45627-1
Presented by: Adrian Saetes
[email protected]
Direct: (916) 517-4512
Mobile: (916) 247-2084
Issue Date: 06/26/2024 Bid Expiry 09/26/2024
CSLB# 101-4028
(800) 266-7111
Sonitrol of Sacramento
1334 Blue Oaks Blvd
Roseville, CA 95678
Project Overview
2 Scope Details
Audio Intrusion System: Door contacts to be installed on qty-2 exterior doors with qty-2 Audio strategically placed throughout the building for all over protection. There will be 1 keypad installed for easy view of the alarm system and arming. The Sonitrol FlexIP Control Panel will be installed as designated on the map below and will be connected to the clients provided network or phone line.
Provided by Others:
• Network connectivity or Traditional Analog Phone Line • 120V Dual Receptacle
• Chases if necessary
System Detail
3 Intrusion
QTY Description
1 1
2 2
SONIP FLEXIP W/ 18" ENCLOSURE
SONITROL SONIP IPROX KEYPAD LCD
Single Door Contact
SONIP PA AUDIO SENSOR
Total Proposal Amount $4,265.68
Monthly Professional Services $89.00
The above price includes Tax.
*All Prevailing Wage Labor and Wire Included
Service Details
4 Service Details
At Sonitrol, we pride ourselves on providing the best client service interaction in the industry. Below are the details we provide with your Sonitrol services:
Platinum Service:
· 24/7/365 System Monitoring
· MySonitrol.com & Mobile App
· 24/7 Local Technical Support
· Software licensing and firmware updates
· Collaborative Maintenance
· On-Going Training at no additional hourly charge
· All labor necessary to service or repair system (unless physically damaged) · Guarantee of equipment repair or replacement unless physically damaged (NVR Server Typically Not Included without Platinum + Service)
· 4-Hour emergency service tech response guarantee 24/7/365 General Exclusions:
· Physically Damaged or Tampered with Equipment
· Phone Line, Network, PC Hardware/Software
· Damage occurring from Power Surge, Power Outage, Flood, Fire or Act of Nature Billable: At current service rates
Project:
Job ID:
CO:
Installations Report
JOB-4448
C80 Final Pricing 02.13.25
ROSEVILLE CA
CO-0002: Adventure Club
28 Mar 2025 9:37:20
Tax Rate status: Default Bid Name: BASE BID Bid Template: SAC 2022-2 Phase: DEVICES
Qty Description Material $ Labor $ Unit Price Extension 40 EMT 3/4 12.70 508.16 6.50 6.20
8 EMT FIELD-BEND 3/4 24.08 192.60 0.26 23.82
4 EMT STEEL-COMP COUPLING 3/4 28.18 112.71 10.81 17.37 4 EMT STEEL COMP CONNECTOR 3/4 53.81 215.24 16.60 37.21 4 EMT STEEL COMP IN-THRT CONN 3/4 57.28 229.14 20.07 37.21 88 THHN/THWN CU (STR) 12 1.69 149.05 0.95 0.74
44 GREEN THHN CU (GRD 20A) 12. 1.69 74.52 0.95 0.74 3 WIRE-NUT MED -RED #18 TO 8 7.81 23.42 0.36 7.44
2 8" PIGTAIL W/GRD SCREW #12 SOL 10.50 21.01 3.06 7.44 2 4"SQ CMB-KO CV- BRKT 2-1/8"D 75.20 150.40 37.99 37.21 2 4"SQ BLANK COVER 16.45 32.90 6.53 9.92
17 SHEET METAL SCREW #10 x 1" 3.14 53.45 0.17 2.98
5 EMT 1-HOLE STEEL STRAP 3/4 6.32 31.59 1.36 4.96
1 PLUG-IN BREAKER 20/1 42.63 42.63 0.46 42.17
4 COND PUSH-IN HGR TO SCREW-ON
STUD-WALL 3/4
34.71 138.85 3.70 31.01
Phase Totals for Phase: DEVICES
$698.56Phase Material Extension:
Phase Labor Extension: $1,277.11
$1,975.67Phase Total Extension:
Phase: FEEDERS
Qty Description Material $ Labor $ Unit Price Extension 550 XHHW COMPACT ALUM 6. 1.81 994.26 0.32 1.49
60 XHHW COMPACT ALUM 4. 2.26 135.53 0.40 1.86
1650 XHHW COMPACT ALUM 1/0 3.24 5,351.90 0.79 2.46
240 XHHW COMPACT ALUM 3/0 4.05 972.21 1.15 2.90
2 6AWG 1HOLE LONG BARRELL COP LUG
#6 X 1/4"
4.48 8.96 4.48 0.00
1 4AWG 1HOLE LONG BARRELL COP LUG
#4 X 1/4"
4.24 4.24 4.24 0.00
6 1/0AWG 1HOLE LONG BARRELL COP LUG
#1/0 X 3/8"
9.75 58.50 9.75 0.00
8 3/0AWG 1HOLE LONG BARRELL COP LUG
#3/0 X 1/2"
10.86 86.86 10.86 0.00
3 PLTD FLAT WASHER 1/4" 0.20 0.60 0.05 0.15
14 PLTD FLAT WASHER 3/8" 0.33 4.64 0.18 0.15
3 PLTD LOCK WASHER 1/4" 0.18 0.54 0.03 0.15
14 PLTD LOCK WASHER 3/8" 0.20 2.80 0.05 0.15
11335 Sunrise Gold Circle
Rancho Cordova, CA 95742
ALESSANDRO ELECTRIC INC Phone: 916-283-6966
Web: www.alessandroelectric.com
Installations Report: Adventure Club 28 Mar 2025 9:37:21 Phase: FEEDERS
Qty Description Material $ Labor $ Unit Price Extension 3 PLTD FENDER WASHER 1/4 x 1" 0.25 0.74 0.10 0.15 14 PLTD FENDER WASHER 3/8 x 1 1/2" 0.32 4.53 0.17 0.15 3 1/4X1-1/2 HH Z-PLTD MACH BLT 1/4-20
X 1-1/2"
0.15 0.46 0.15 0.00
14 3/8 X 1-1/2 HH Z-PLTD MACH TAP BOLT
3/8-16 X 1 1/2"
0.34 4.81 0.34 0.00
3 PLTD HEX NUTS 1/4-20 3.06 9.19 0.09 2.98
14 PLTD HEX NUTS 3/8-16 4.67 65.35 0.20 4.47
Phase Totals for Phase: FEEDERS
$1,947.83Phase Material Extension:
Phase Labor Extension: $5,758.29
$7,706.12Phase Total Extension:
Phase: DISTRIBUTION EQUIPMENT
Qty Description Material $ Labor $ Unit Price Extension 1 PNLBD W/BOLT-ON BKRS 200A MCB
3PH4W
1,504.72 1,504.72 16.25 1,488.47
1 3PH DRY XFMR 480P/208S 45 KVA 22,348.25 22,348.25 20,735.74 1,612.51 1 COPPER GROUND ROD 3/4 x 10 273.12 273.12 74.66 198.46 1 TEST GROUND ROD 314.96 314.96 66.89 248.08
Phase Totals for Phase: DISTRIBUTION EQUIPMENT
$20,893.54Phase Material Extension:
Phase Labor Extension: $3,547.52
$24,441.05Phase Total Extension:
Phase: SITE UTILITIES
Qty Description Material $ Labor $ Unit Price Extension 10 GRC 3/4 10.43 104.31 2.99 7.44
10 GRC 2 23.21 232.05 9.56 13.64
10 PVC SCH 40 20' LAID IN TRENCH 2 7.17 71.67 2.14 5.02 2 CONDUIT CUT/THREAD/REAM 3/4 21.53 43.05 1.68 19.85 2 CONDUIT CUT/THREAD/REAM 2 51.62 103.24 2.00 49.62 2 GRC FIELD-BEND 3/4 50.37 100.73 1.99 48.38
2 GRC 90-DEG ELBOW 2 169.31 338.62 45.27 124.04
2 GRC/IMC COUPLING 2 49.30 98.60 12.09 37.21
1 GRC LB CONDUIT BODY 3/4 102.43 102.43 21.81 80.63 1 GRC T CONDUIT BODY 3/4 151.60 151.60 27.56 124.04 2 PVC FEMALE ADAPTER 2 40.39 80.77 3.18 37.21
1 PVC (GLUE) CEMENT OUNCE 2.25 2.03 0.91 1.34
2 GRND BUSHING INSULATED 3/4 42.10 84.20 7.99 34.11 2 PLASTIC BUSHING 2 34.46 68.93 0.97 33.49
1 LOCKNUT 3/4 15.24 15.24 0.35 14.88
4 LOCKNUT 2 34.81 139.23 1.32 33.49
1 GRC NIPPLE 3/4 x 4 42.64 42.64 5.43 37.21
15 GREEN THHN CU (GRD 100A) 8 1.77 26.58 0.66 1.12
4 WIRE TERMINATION LBR 8 25.08 100.31 0.27 24.81
11335 Sunrise Gold Circle
Rancho Cordova, CA 95742
ALESSANDRO ELECTRIC INC Phone: 916-283-6966
Web: www.alessandroelectric.com
Installations Report: Adventure Club 28 Mar 2025 9:37:21 Phase: SITE UTILITIES
Qty Description Material $ Labor $ Unit Price Extension 4 10MIL WRAP TAPE 1' 0.60 2.42 0.11 0.50
2 PLATED RIGID STRUT CLAMPS 3/4 4.89 9.78 1.17 3.72 2 PLATED RIGID STRUT CLAMPS 2 7.13 14.26 2.17 4.96
10 HAND TRIM SANDY TRENCH 12" WIDE 2.51 25.08 0.03 2.48 1 N09 BOX N09BOX 503.48 503.48 69.35 434.14
1 REINFORCE CONC BOLT DOWN LID
W/PLAST RNG NO9R
106.38 106.38 50.57 55.82
1 N90 SS HEX BOLT KIT (N9,N16,N30,N36)
N90HHE02-2
79.38 79.38 17.36 62.02
2 ENCLOSURE HOLE PUNCH -STEEL 2 91.95 183.91 5.13 86.83 1 COPPER GROUND ROD 3/4 x 10 273.12 273.12 74.66 198.46 1 GROUND ROD CLAMP 3/4. 24.60 24.60 9.72 14.88
1 GROUND ROD TEST 314.96 314.96 66.89 248.08
11 RED TRENCH CAUTION TAPE 3" 0.52 5.74 0.08 0.45
Phase Totals for Phase: SITE UTILITIES
$676.43Phase Material Extension:
Phase Labor Extension: $2,772.93
$3,449.36Phase Total Extension:
Phase: TEMPORARY WIRING
Qty Description Material $ Labor $ Unit Price Extension 1 TEMP POWER SKID 5,488.10 5,488.10 3,503.47 1,984.62 0 STRING LIGHTS 0.00 0.00 0.00 0.00
0 SPIDER BOXES 0.00 0.00 0.00 0.00
1 TEMP POWER CORD 1,016.93 1,016.93 396.73 620.20
Phase Totals for Phase: TEMPORARY WIRING
$3,900.21Phase Material Extension:
Phase Labor Extension: $2,604.82
$6,505.03Phase Total Extension:
Phase: SUB CONTRACTS
Qty Description Material $ Labor $ Unit Price Extension 1 **SECURITY/IDS SUBCON 0.00 0.00 0.00 0.00
1 **TEL/DATA SUBCON 14,399.74 14,399.74 14,399.74 0.00 1 **FIRE ALARM SUBCON 27,681.01 27,681.01 27,681.01 0.00 1 **CLOCK SPEAKER 6,011.40 6,011.40 6,011.40 0.00
Phase Totals for Phase: SUB CONTRACTS
$48,092.15Phase Material Extension:
Phase Labor Extension: $0.00
$48,092.15Phase Total Extension:
Phase: EQUIPMENT > SITE
Qty Description Material $ Labor $ Unit Price Extension 1 **SWITCHGEAR 11,225.40 11,225.40 11,225.40 0.00
11335 Sunrise Gold Circle
Rancho Cordova, CA 95742
ALESSANDRO ELECTRIC INC Phone: 916-283-6966
Web: www.alessandroelectric.com
Installations Report: Adventure Club 28 Mar 2025 9:37:21 Phase Totals for Phase: EQUIPMENT > SITE
$11,225.40Phase Material Extension:
Phase Labor Extension: $0.00
$11,225.40Phase Total Extension:
Total Material Extension:
Total Labor Extension: $15,960.66
$87,434.12
$103,394.78Grand Total Extension:
11335 Sunrise Gold Circle
Rancho Cordova, CA 95742
ALESSANDRO ELECTRIC INC Phone: 916-283-6966
Web: www.alessandroelectric.com
Site/Quote #
BUILDING---DATA MATERIALS LABOR HRS LABOR DOLARS TOTAL
Adventure Club $7,550.00 62.25 $6,847.50 $14,397.50
TOTALS $7,550.00 62.25 $6,847.50 $14,397.50
Site/Quote #
BUILDING---C/S-PA DATA MATERIALS LABOR HRS LABOR DOLARS TOTAL Adventure Club $1,005.83 13.13 $1,444.30 $2,450.13
TOTALS $1,005.83 13.13 $1,444.30 $2,450.13
Site/Quote #
BUILDING---FA MATERIALS LABOR HRS LABOR DOLARS TOTAL
Adventure Club $6,774.52 149.32 $20,904.80 $27,679.32
TOTALS $6,774.52 149.32 $20,904.80 $27,679.32
Site/Quote #
BUILDING MATERIALS LABOR HRS LABOR DOLARS TOTAL
Adventure Club $15,330.35 224.70 $29,196.60 $44,526.95
TOTALS $15,330.35 224.70 $29,196.60 $44,526.95
C-80 CREEKVIEW ADVENTURE CLUB
C-80 CREEKVIEW ADVENTURE CLUB
C-80 CREEKVIEW ADVENTURE CLUB
DSA SUBMITTED
C-80 CREEKVIEW ADVENTURE CLUB
Site/Quote #
DESCRIPTION QTY UNIT NET PRICE TOTAL MAT LABOR TOTAL HOUR NET LABOR MANUFACTURER PN# CABLE TEST: 4PR(DATA) 6A 8 E $7.01 $56.11 0.12 0.96 $105.60 GENERIC GENERIC PORT LABEL 8 E $4.21 $33.67 0.08 0.64 $70.40 GENERIC GENERIC PATCH PANEL LABEL 1 E $4.21 $4.21 0.25 0.25 $27.50 GENERIC GENERIC J-HOOKS 50 E $2.10 $105.21 0.10 5.00 $550.00 GENERIC GENERIC 75' VELCRO- ROLL 1 E $35.07 $35.07 1.00 1.00 $110.00 GENERIC GENERIC MISC - COST -HARDWARE 1 E $701.41 $701.41 4.00 4.00 $440.00 GENERIC GENERIC MISC-COST GROUNDING 1 E $70.14 $70.14 2.00 2.00 $220.00 GENERIC GENERIC CAT 6A JACKS 8 E $16.83 $134.67 0.12 0.96 $105.60 GENERIC GENERIC CAT 6A JACKS PATCH PANEL 8 E $16.83 $134.67 0.12 0.96 $105.60 GENERIC GENERIC 4 PORT WALL PLATES 4 E $2.45 $9.82 0.12 0.48 $52.80 GENERIC GENERIC 48 PORT MODULER PATCH PANEL EMTY 1 E $91.18 $91.18 0.50 0.50 $55.00 GENERIC GENERIC 2RMU - HORIZONTAL WIRE MANAGER 1 E $91.18 $91.18 0.10 0.10 $11.00 GENERIC GENERIC CAT6A CMR WHITE 1,500 FT $631.27 $946.91 6.00 9.00 $990.00 GENERIC GENERIC 24" wall Cabinet 1 E $1,262.54 $1,262.54 4.00 4.00 $440.00 GENERIC GENERIC 12 STRAND FIBER SM IDF-C 1,500 FT $1.75 $2,630.30 16.00 24.00 $2,640.00 GENERIC GENERIC SMALL LIU 1 E $490.99 $490.99 1.00 1.00 $110.00 GENERIC GENERIC LC BULKHEAD 2 E $140.28 $280.56 0.20 0.40 $44.00 GENERIC GENERIC LC FUSION CONNECTOR 28 E $16.83 $471.35 0.25 7.00 $770.00 GENERIC GENERIC $7,550.00 62.25 $6,847.50 $14,397.50
C80 ADVENTURE CLUB DATA
Site/Quote #
DESCRIPTION QTY UNIT NET PRICE TOTAL MAT LABOR TOTAL HOUR NET LABOR MANUFACTURER PN# CABLE TEST: 4PR(DATA) 6A 2 E $7.01 $14.03 0.12 0.24 $26.40 GENERIC GENERIC PORT LABEL 2 E $4.21 $8.42 0.08 0.16 $17.60 GENERIC GENERIC PATCH PANEL LABEL 1 E $4.21 $4.21 0.25 0.25 $27.50 GENERIC GENERIC MISC - COST 1 E $280.56 $280.56 4.00 4.00 $440.00 GENERIC GENERIC CAT 6A JACKS 2 E $16.83 $33.67 0.12 0.24 $26.40 GENERIC GENERIC CAT 6A JACKS PATCH PANEL 2 E $16.83 $33.67 0.12 0.24 $26.40 GENERIC GENERIC 2PT SMB 0 E $3.51 $0.00 0.12 0.00 $0.00 GENERIC GENERIC CAT6A CMR WHITE 1,000 FT $631.27 $631.27 8.00 8.00 $880.00 GENERIC GENERIC $1,005.83 13.13 $1,444.30 $2,450.13
C80 ADVENTURE CLUB C/S-PA-DATA
Site/Quote #
DESCRIPTION QTY UNIT NET PRICE TOTAL MAT LABOR TOTAL HOUR NET LABOR MANUFACTURER PN# MISC - COST HARDWARE 1 E $1,052.12 $1,052.12 24.00 24.00 $3,360.00 GENERIC GENERIC CEILING BRIDGE WITH RED BOX 8 E $28.06 $224.45 0.25 2.00 $280.00 GENERIC GENERIC 3/4 BUSHING 12 E $0.49 $5.89 0.08 0.96 $134.40 GENERIC GENERIC IDF CLOSET BUILD-OUT GUTTERS 1 E $350.71 $350.71 16.00 16.00 $2,240.00 GENERIC GENERIC BOXES FOR HEATS 4 E $14.03 $56.11 0.17 0.68 $95.20 GENERIC GENERIC CONDUIT SLEEVES 2 E $14.03 $28.06 0.17 0.34 $47.60 GENERIC GENERIC J-HOOKS 100 E $2.81 $280.56 0.08 8.00 $1,120.00 GENERIC GENERIC LABELING 1 E $280.56 $280.56 8.00 8.00 $1,120.00 GENERIC GENERIC FA PRETEST AND TEST 1 E $701.41 $701.41 24.00 24.00 $3,360.00 GENERIC GENERIC FA Programming 1 E $701.41 $701.41 24.00 24.00 $3,360.00 GENERIC GENERIC SMOKE 4 E $119.24 $476.96 0.50 2.00 $280.00 SILENT KNIGHT SK-PHOTO-W HEAT 4 E $119.24 $476.96 0.50 2.00 $280.00 SILENT KNIGHT SK-HEAT-ROR-W SPEAKER / STROBE 2 E $140.28 $280.56 0.42 0.84 $117.60 SYSTEM SENSOR SPSCRL WP SPEAKER 1 E $140.28 $140.28 0.50 0.50 $70.00 SYSTEM SENSOR SPRK-R FA CABLE 18-2 500 FT $245.49 $122.75 12.00 6.00 $840.00 WEST PENN D980 FA CABLE 16-2 SPEAKER 500 FT $245.49 $122.75 12.00 6.00 $840.00 WEST PENN 995 FA CABLE 12-2 500 FT $631.27 $315.64 12.00 6.00 $840.00 WEST PENN 998S FA CABLE AQ 18-2 500 FT $490.99 $245.49 12.00 6.00 $840.00 WEST PENN AQ224 FA CABLE AQ 16-2 SPEAKER 500 FT $631.27 $315.64 12.00 6.00 $840.00 WEST PENN AQ225 FA CABLE AQ 12-2 500 FT $1,192.40 $596.20 12.00 6.00 $840.00 WEST PENN AQ227 $6,774.52 149.32 $20,904.80 $27,679.32
C80-ADVENTURE CLUB- FIRE ALARM
LicenseC10 & C7 # 867775 - State Certified Small Business Enterprise #74503 - DIR #1000003067 11335 Sunrise Gold Circle, Rancho Cordova CA 95742 ▪Phone 916-283-6966▪Fax 916-283-6967 www.alessandroelectric.com
August 23, 2024
Joe Hucik
Balfour Beatty
400 Capitol Mall, Suite 900
Sacramento, CA 95814
Project: Roseville City School District C80 – Adventure Club Subject: Electrical Consulting Engineering Fee Proposal Dear Joe:
Alessandro Electric Inc. is pleased to provide a fee proposal for consulting electrical engineering services on the above subject project as outlined in this document.
1.0 SCOPE OF SERVICES:
1.1 Electrical design of adventure club portable building:
A. Power to portable Building, connection to panel provided by manufacturer.
B. Conduit infrastructure to new building.
C. Design of low voltage systems at the portable building, including the following:
1. Telecommunications.
2. Fire Alarm.
3. Clock/PA.
4. Security.
D. Scope of work includes construction documents, DSA Approval, and construction administration.
2.0 ADDITIONAL UNDERSTANDINGS:
2.1 Change order pricing review for work associated with this agreement is excluded.
2.2 Printing costs associated with the documents prepared under this agreement are excluded.
3.0 FEE AMOUNT:
3.1 Services described under Section 1.0, Scope of Services, will be performed for the lump sum fee values of $6,500.
4.0 RELEASE OF DOCUMENTS:
LicenseC10 & C7 # 867775 - State Certified Small Business Enterprise #74503 - DIR #1000003067 11335 Sunrise Gold Circle, Rancho Cordova CA 95742 ▪Phone 916-283-6966▪Fax 916-283-6967 www.alessandroelectric.com
4.1 The Engineering Enterprise will commence work on the above referenced additional service work upon receiving authorization by a Principal/Owner of your firm.
4.2 Authorization shall be receipt of this signed agreement, or a change authorization initiated by Owner or Owner’s representative.
5.0 PAYMENT:
5.1 Your firm is completely responsible for payment to The Engineering Enterprise for services rendered under this agreement.
5.2 Payment is due within thirty (30) days upon receipt of an invoice. Invoices will be submitted monthly.
5.3 Full payment shall be made upon completion of work described herein and shall not be withheld due to any other payment schedule.
Please acknowledge your concurrence with the foregoing by signing and returning one copy of this agreement for our records.
1.1 Extra Services
Compensation for Extra Services as defined in Section 3.0 shall be paid hourly for all authorized services rendered at the rates indicated below:
A. Principal $270/hour
B. Associate $230/hour
C. Project Engineer/Project Manager $210/hour
D. Designer $190/hour
E. BIM Technician $160/hour
F. Project Coordinator $125/hour
By: Date:
for Balfour Beaty
By: Date: October 28, 2021
for Alessandro Electric Inc
Clinton Alessandro, President
8 [B:\City Attorney\corres\My Tien\Parks and Rec\Recreation\Winding Creek Reimbursement Agreement FINAL.docx-4/3/2025]
Exhibit “B”
D.I. Diversified Inc.
Dean Ismail
3536 Muirwood Lane
Roseville CA 95747
PROPOSAL FOR INSPECTION SERVICES
This Proposal is presented on this 1st day of October , 2024 between Roseville City School District, herein referred to as RCSD and Dean Ismail “Inspector” to provide construction inspections for the Creek View Elementary School Adventure Club Portable Project The services shall include, but are not limited to:
A. Inspection of the work in progress for compliance with approved plans and specifications, applicable building codes, regulations, and ordinances.
B. Filing written daily reports as required by the District.
C. Certifications of work completed and in progress, by the contractor, including materials and equipment, on or off site, for pay request verification purposes.
D. Coordination for all required lab tests, and execution of certain work necessary to ensure completion of such lab tests.
E. Keep RCSD informed at all times regarding quality of work, project schedule, and coordination of consultants.
By signature to this document the Inspector acknowledges that he is competently versed in construction projects of a similar nature and is DSA approved. Inspector also acknowledges that he is competent in reading blueprints, plans, specifications, and typical construction related documents and is familiar with applicable laws, codes and regulations required to properly execute the inspection of said projects.
INSPECTION SERVICES
Inspectors shall represent RCSD on the job site as the Project Inspector to ensure that the project is constructed in conformance with the various contract documents and all applicable codes and special requirements stipulated by the Division of the State Architect. Inspector shall not authorize any changes in the work, nor shall he direct the activities of the Contractors. Inspector, however, shall have the authority to inform the Contractor of any conflicts and/or inconsistencies with the plans, drawings, and specifications; to reject defective materials and to suspend any work that is being improperly done, subject to the ultimate decision of the Architect and RCSD. Inspector’s primary role will be to monitor and document construction activities.
Continuous inspection shall include full time presence of the Inspector as per industry standards for typical work such as concrete, paving, built-up roofing, structural construction operations, excavations, etc., and at any additional times as required by the Architect and/or District, and DSA.
Inspector shall maintain and update contract documents completely including posting of addenda, changes, clarifications and as-built conditions and upon the successful completion of project, shall transmit it to RCSD.
The Inspector shall promptly notify RCSD in writing, of any deviations from the approved plans and specifications or any portion of the work, which are not immediately corrected by the Contractor when brought to his attention.
It is the intent of the parties hereto that the Inspector is hired as an independent contractor and not as an employee of RCSD. Nothing in this contract shall be construed to mean RCSD retains any control over the manner and means of how the Inspector improves his duties and responsibilities under this contract, but only as to the results of the work.
REPORTS
Inspector shall provide to RCSD and DSA any reports as required in a timely and professional manner.
INSPECTION HOURS
Inspector acknowledges that to the best of his ability he will arrange to perform required inspections during the time that the actual work is being installed which may include hours after school classes normally convene and will include work performed during weekends.
COMPENSATION
Inspector shall be compensated at a consultant rate of $125.00/hour with a 4-hour minimum and billed in one hour increments thereafter not to exceed $25,000 on an estimated ten week construction schedule start time to be determined . It is understood that no deductions will be made from payments to the Inspector on account of withholding for income tax, social security, health insurance, retirement, or any other benefits applicable to employees of RCSD, nor shall Inspector be entitled to any payment for any expenses unless expressly provided in this contract.
The Inspector shall submit a monthly-itemized statement to RCSD by the last calendar day of each month. Payment will be made by the 15th calendar day of the following month. Inspector shall provide his own vehicle and shall not be compensated for any travel expenses. Note: All cost of any insurance required by RCSD shall be borne by the district.
TERM OF AGREEMENT
If accepted this agreement shall be binding for the period of construction of the projects which shall terminate when (1) the Notice of Completion is filed with the County Recorder, or, (2) the Contractor has completed all of the requirements of the contract documents, whichever occurs first.
TERMINATION
This agreement may be terminated at any time by either party upon (7) day’s written notice to the other party.
INDEMNIFICATION
Inspector shall indemnify and hold harmless RCSD and its officers, agents, and employees, from and against any claims, liability, causes of action, damages, and expensed, including attorneys’ fees and costs, arising out of or related to Inspector’s performance under this contract.
Signature below shows acceptance of this contract.
Date: 10/01/2024 Title: Dean Ismail, President
Date: ___________________ By: ________________________ Title: RCSD
Notice of Exemption
To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678
Project Title: Winding Creek Adventure Club - Reimbursement Agreement
Project Location(s) : Winding Creek Elementary School, 1135 Celebrate Drive , Roseville 95747 (APNs 496-620-012-000 and 496-620-016-000)
Project Description: Winding Creek Elementary is currently under construction and is scheduled to open for students in the Fall of 2026. T he project would approve a reimbursement agreement with the Roseville City School District for architectural and civil design services, DSA permitting and construction administration services, plumbing and electrical services, and DSA inspection services to connect and install a City of Roseville-purchased modular building to operate a new Adventure Club at Winding Creek Elementary School
Public Agency Approving Project: Roseville City Council
Agency/Individual Carrying Out Project : City of Roseville Parks, Recreation and Libraries Department
Reason why this Project is Exempt: This project qualifies for a Class 14 Exemption as described in Section 15304 of the California Environmental Quality Act (CEQA) guidelines which states:
“Class 14 consists of …. .minor additions to schools within existing school grounds…the addition portable classrooms is included in this exemption.
The project is located within the school grounds, and would not increase student capacity, therefore the Class 14 Exemption is applicable to the proposed project.
Lead Agency Contact Person: Rob Nakamura, Recreation and Libraries Department, 316 Vernon Street, Roseville, CA 95678. (916) 774-5135.
Signature: Date: 5/15/2025
Jessica Lynch, Environmental Coordinator
City of Roseville
City Council
Communication
Meeting Date: 6/4/2025
Item #: VI.5
File #: 0707
Item ID: 2025-242
Title: Roseville Aquatics Complex - Woodcreek SeaWolves Joint Use Agreement Contact: Jeff Nereson 916-774-5974 [email protected]
SUMMARY
Staff recommends approval of an agreement with the Woodcreek SeaWolves for the purpose of joint use of the Roseville Aquatics Complex. The Woodcreek SeaWolves will pay the City an annual rental fee over the term of this agreement in addition to fees for their use in excess of the agreement. The total General Fund revenues from the agreement are expected to be $57,802.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the Joint Use Agreement (JUA) between the Woodcreek SeaWolves and the City of Roseville for use of the Roseville Aquatics Complex.
Staff also requests authorization for the City Manager to sign agreement extensions for up to two (2) additional one (1) year terms as outlined in the agreement without further Council approval.
BACKGROUND
The Woodcreek SeaWolves is a competitive summer recreational swim team that provides high-level coaching to recreational swimmers. The Woodcreek SeaWolves began in 1995 at the Roseville Aquatics Complex as a City run program and became one of the most popular programs to be offered in the summer months, hitting upwards of 260 swimmers. In the fall of 2019, it was decided that the Woodcreek SeaWolves would become part of the California Capital Aquatics USA Swim Team (CCA).
In 2023, the Woodcreek SeaWolves separated from CCA and became their own parent-run, non-profit swim team with upwards of 250 swimmers participating in their program. The Woodcreek SeaWolves continue to be a good City partner. The joint use agreement outlines the terms of use and annual rental fee with an increase for subsequent years.
In addition to the annual rental fee, the Woodcreek SeaWolves have agreed to pay a per-day facility rental fee of $500 for each competitive swim meet, reimburse the City for the cost of lifeguard(s) and maintenance staff during all swim meets, and pay a fair share of the cost of small equipment repairs and replacement for items used in conjunction with competitive swimming. The Woodcreek SeaWolves is a competitive summer recreational swim team that provides high-level coaching to recreational swimmers.
FISCAL IMPACT
For use of the Roseville Aquatics Complex, the Woodcreek SeaWolves will provide the City:
Twelve thousand, six hundred dollars ($12,600) in Year 1 (June 1, 2025 through August 31, 2025).
Twenty-two thousand, fifty dollars ($22,050) in Year 2 (April 1, 2026 through August 31, 2026).
Twenty-three thousand, one hundred fifty-two dollars ($23,152) in Year 3 (April 1, 2027 through August 31, 2027).
The total General Fund revenues from the agreement are expected to be $57,802, in addition to fees for the Woodcreek SeaWolves use in excess of the agreement.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The proposed Joint Use Agreement meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
2. Remain fiscally responsible in a changing world
5. Support community engagement and advocacy
6. Deliver exceptional City services
Respectfully Submitted,
Jeff Nereson, Parks Recreation and Libraries Manager
Jill Geller, Parks Recreation and Libraries Director
ATTACHMENTS:
1. Resolution 25-180
2. Joint Use Agreement
REVIEWERS:
Jeff Nereson, Parks, Recreation, and Libraries Department - Recreation Created/Initiated - 5/9/2025 Jeff Nereson, Parks, Recreation, and Libraries Department - Recreation Approved - 5/9/2025 Jill Geller, Parks, Recreation, and Libraries - All Approved - 5/9/2025 Gretchen Hakala, City Attorney Department Approved - 5/22/2025 Katrina Six, City Clerk Department Approved - 5/22/2025 Ryan DeVore, City Clerk Department Approved - 5/27/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 5/27/2025 Michelle Sheidenberger, City Attorney Department Approved - 5/27/2025 Dominick Casey, City Clerk Department Approved - 5/27/2025 Katrina Six, City Clerk Department Final Approval - 5/27/2025
RESOLUTION NO. 25-180
APPROVING A JOINT USE AGREEMENT, BY AND BETWEEN THE WOODCREEK
SEAWOLVES AND THE CITY OF ROSEVILLE, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a Joint Use Agreement for the Roseville Aquatics Complex, between the Woodcreek SeaWolves 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 execute two (2) additional one (1) year renewals without further City Council approval.
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. Term. The term of this Agreement shall commence on June 1, 2025 and terminate on August 31, 2027. The parties may renew this Agreement for two (2) additional years, one ( 1) year at a time, by executing written amendment(s) to this Agreement. Beginning September 1, 2027, SW and CITY agree to negotiate annually the rental fees set forth below based on increases in utility, chemical and maintenance staffing, insurance cost increases, and similar operational costs.
3. Consideration. In consideration of CITY's grant ofright to use the Aquatics Complex, SW agrees to pay CITY the following:
(a) Twelve thousand six hundred dollars ($12,600) in Year 1 (June I, 2025 through August 31 , 2025).
(b) Twenty-two thousand fifty dollars ($22,050) in Year 2 (April 1, 2026 through August 31, 2026),
(c) Twenty-three thousand one hundred fifty-two ($23,152) in Year 3 (April 1, 2027 through August 31, 2027).
(d) SW's annual payment will be due by the first practice date of the season.
4. Joint Use of the Aquatics Complex, During the term of this Agreement, the parties agree to jointly share the use of the Aquatics Complex on the terms and conditions set forth below:
(a) The Aquatics Complex shall be used exclusively for community recreation programs, physical education and interscholastic activities, and competitive swimming. (b) Except for Saturdays, pool and lane use is to be determined three (3) times per year. CITY, SW, Woodcreek High School, and California Capital Aquatics (CCA) will meet no later than December 15 of each year to schedule lane use for February - May 15 of the [B:\City Attomcy\cones\Ivty Tien\Parks and Rec\Recreation\Joint Use �reement- Sea Wolves 2025 FINAL.doc; 4/9/2025]
City Council
Communication
Meeting Date: 6/4/2025
Item #: VI.6
File #: 0203-17
Item ID: 2025-277
Title: Permit Center Renovation (RFQ 10-3406) - Spending Authority Increase Contact: Lori Crittenden 916-774-5707 [email protected]
SUMMARY
Staff recommends approval to increase the change order authority to a 20% construction contingency for the contract purchase agreement with JPB Designs Inc. The cost of the agreement is $532,000. An authorized change order authority of up to 20% ($106,400) as a construction contingency, would bring the total contract amount to $638,400. The Permit Center Remodel Project is budgeted in the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution to approve an increase of 10% in change order authority for the contract purchase agreement with JPB Designs Inc., bringing the total change order authority to 20%.
BACKGROUND
In May of 2022, the Roseville Police Department conducted a threat assessment of the Building Permit Center, housed within the Civic Center, and identified several recommended improvements to enhance critical security measures. As a result of the threat assessment, staff sought and received authorization from City Council to establish a Capital Improvement Project (CIP) and budget appropriation for the Permit Center Remodel Project on June 5, 2024.
The Permit Center Renovation project will include the installation of secure service counters, enhanced security infrastructure, updated workstations, an additional office, and meeting spaces to support staff efficiency and operational needs.
A formal bid was issued and JPB Designs, Inc. was awarded as the lowest responsive and responsible bidder for Request for Quotations No. 10-3406 Permit Center Renovation at the February 19, 2025, City Council meeting. Due to increased construction and material costs, staff are requesting an increase in contingency from 10% to 20%.
FISCAL IMPACT
The cost of the agreement is $532,000. Authorized change orders on an as-needed basis, up to 20% ($106,400) as a construction contingency, would bring the total contract amount to $638,400. Funds for the Permit Center Remodel Project are budgeted and available in the General 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
1. Ensure a safe and healthy community
4. Invest in well-planned infrastructure and growth
6. Deliver exceptional City services
Respectfully Submitted,
Lori Crittenden, Project Coordinator
Jason Shykowski, Public Works Director
ATTACHMENTS:
1. Resolution 25-185
2. Notice of Exemption
REVIEWERS:
Lori Crittenden, Public Works Department - Facilities Created/Initiated - 5/14/2025 James Kremko, Public Works Department - Facilities Approved - 5/15/2025 Jason Shykowski, Public Works Department - All Approved - 5/21/2025 Gretchen Hakala, City Attorney Department Approved - 5/23/2025 Katrina Six, City Clerk Department Approved - 5/23/2025 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 5/27/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 5/27/2025 Michelle Sheidenberger, City Attorney Department Approved - 5/27/2025 Dominick Casey, City Clerk Department Approved - 5/27/2025 Katrina Six, City Clerk Department Final Approval - 5/27/2025
RESOLUTION NO. 25-185
APPROVING AN INCREASE IN SPENDING AUTHORITY
WHEREAS, on February 19, 2025, a Contract Purchase Agreement for the Permit Center Renovation project was awarded to JPB Designs Inc.; and WHEREAS, due to increased construction and material costs, staff is requesting an increase in change order authority from 10% to 20%.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that a spending authority increase from 10% to 20% for the Contract Purchase Agreement for the Permit Center Renovation project with JPB Designs Inc. is hereby approved.
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
Notice of Exemption
To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678
Project Title: Permit Center Remodel Construction Project – Capital Improvement Approval and Budget Adjustment
Project Location(s): 311 Vernon Street, Roseville, California 95678 (APNs 013-124-017-000, 013-124- 018-000, 013-124-022-000, and 013-124-023-000)
Project Description: This project requests a budget adjustment appropriating $1,000,000 from the Public Facilities Fund to the p roject for a remodel of the Permit Center lobby including design, construction, and security upgrades . The upgrades would be built out within the existing building, involving the movement of walls, electrical components, plumbing, and other systems. The project enable staff to better serve customers in the Permit Center and would not result in any increase in new or unplanned growth.
Public Agency Approving Project: Roseville City Council
Agency/Individual Carrying Out Project: City of Roseville Public Works Department
Reason why this Project is Exempt: This project qualifies for a Class 1 E xemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines which states:
“Class 1 consists of the …minor alteration of existing public…structures, facilities, [or] mechanical equipment…involving negligible or no expansion of existing or former use…. Examples include but are not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances…”
The project is confined to within the existing Civic Center and on City property and would not result in expansion of use. No environmentally sensitive resources are located within any of the properties ; therefore the Class 1 exemption is applicable to the proposed project.
Lead Agency Contact Person: Lori Crittenden, Public Works Department – Facility Rehab Division, 2005 Hilltop Circle, Roseville, CA 95747. (916) 774-5707.
Signature: Date: 5/15/2024
Jessica Lynch, Environmental Coordinator,
City of Roseville
City Council
Communication
Meeting Date: 6/4/2025
Item #: VI.7
File #: 0800-04 & 0201-01
Item ID: 2025-244
Title: 116 S. Grant Building Façade and Envelope Design - Professional Design Services Agreement and Budget Adjustment
Contact: Lori Crittenden 916-774-5707 [email protected]
SUMMARY
Staff recommends approval of a professional design services agreement with Heller Manus Architects in the amount of $489,745 for the 116 S. Grant Building Facade and Envelope Project. Additionally, staff recommends approval of a budget adjustment of $565,000. The budget adjustment will appropriate available resources in the Electric Fund to the 116 S. Grant Building and Envelope Project for the design contract and staff time.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution to approve a professional design services agreement with Heller Manus Architects and authorize the City Manager to execute it on behalf of the City of Roseville. Additionally, staff recommends that the City Council adopt an ordinance to approve a budget adjustment of $565,000 to cover the design phase and internal project labor.
BACKGROUND
The 116 S. Grant Street building was acquired by the City in 2020 to support the future needs of Roseville Electric Utility’s growing operations and customer programs. The building was first built as shell space for future tenant improvements to adapt it as needed for future expansion. Phase 1 of construction was completed in May of 2022, and added the Post Office and Roseville Electric offices. Phase 2 was completed in January of 2025, expanding the Roseville Electric office space. These phases included tenant improvements of the 1st through 4th floors of the building. The building has provided the City’s utility customers with a central location where they can pay their bills, and learn about new utility programs, emerging technologies, and rebates.
Since its original construction, the 116 S. Grant St building has been experiencing significant moisture intrusion issues. Several potential sources of water intrusion have been identified through observations and discussions with City staff and confirmed through an investigation with a water intrusion consultant.
The City released a Request for Proposals for the re-design of the façade and envelope systems addressing the cause of water intrusion affecting the exterior envelope of the four-story building. Five proposal responses were received. The proposals were evaluated on overall proposal, project understanding, cost, qualifications and experience. Heller Manus Architects was rated the highest, and staff is recommending they be awarded the 116 S. Grant Building Facade and Envelope Design professional design services agreement.
FISCAL IMPACT
The budget adjustment will appropriate available resources in the Electric Fund to the 116 S Grant Building
and Envelope Project in the amount of $565,000.00.
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)). The adoption of a resolution authorizing design work meets the above criteria. Future construction resulting from the design would require additional environmental review at a later time.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
4. Invest in well-planned infrastructure and growth
6. Deliver exceptional City services
Respectfully Submitted,
Lori Crittenden, Project Coordinator
Jason Shykowski, Public Works Director
ATTACHMENTS:
1. Resolution 25-181
2. Agreement - Heller Manus PDSA
3. Ordinance 6951
REVIEWERS:
Lori Crittenden, Public Works Department - Facilities Created/Initiated - 5/14/2025 James Kremko, Public Works Department - Facilities Approved - 5/15/2025 Jason Shykowski, Public Works Department - All Approved - 5/21/2025 Gretchen Hakala, City Attorney Department Approved - 5/22/2025 Katrina Six, City Clerk Department Approved - 5/23/2025 Ryan DeVore, City Clerk Department Approved - 5/27/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 5/27/2025 Michelle Sheidenberger, City Attorney Department Approved - 5/27/2025 Dominick Casey, City Clerk Department Approved - 5/27/2025 Katrina Six, City Clerk Department Final Approval - 5/27/2025
RESOLUTION NO. 25-181
APPROVING A PROFESSIONAL DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND HELLER MANUS, INC. DBA HELLER MANUS
ARCHITECTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON
BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a professional design services agreement for the 116 S. Grant Building Façade and Envelope Design project, by and between the City of Roseville and Heller Manus, Inc. dba Heller Manus Architects, 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.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2025, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
ORDINANCE NO. 6951
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25
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 2024-25, is hereby amended as listed on the attached budget adjustment for the 116 S. Grant Building Facade and Envelope Design 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 , 2025, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
REQUEST FOR BUDGET ADJUSTMENT
Updated 11/22/2024
Please complete the cells highlighted in yellow.
REQUESTER NAME & TITLE: FISCAL YEAR:
PREPARER NAME & TITLE: ORDINANCE:
DEPARTMENT/DIVISION:
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment DESCRIPTION
6001 6587 84701 500556 540,000 Establish budget for Legacy Building Stucco Replacement Project
6001 5080 84701 500556 25,000 Establish budget for Legacy Building Stucco Replacement Project
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 565,000
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment DESCRIPTION
REVENUES/TRANSFERS IN TOTAL -
NET ADJUSTMENT 565,000
FUND BALANCE
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment DESCRIPTION
6001 3601 00000 000000 (565,000) Decrease Electric Fund Balance 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL (565,000)
Justification for Budget Adjustment:
Staff recommends that Council authorize the establishment of a new Capital Improvement Project – the Legacy Building Stucco Replacement (the "Project"), and adopt an ordinance to approve a budget adjustment appropriating $565,000 in the Electric Fund to the Project to design the new exterior of the 116 S. Grant Street Legacy Building. This budget adjustment will cover the cost of the design phase and associated City labor charged to the Project. Electric will request another budget adjustment when the contract for the construction phase is executed. 2024-25Lori Crittenden, Project Coordinator
Matt Nelson, Sr Electric Business Analyst
Electric/Finance
City Council
Communication
Meeting Date: 6/4/2025
Item #: VI.8
File #: 0900-04
Item ID: 2025-111
Title: Parking Garage Elevator Rehabilitation Project - 405 Vernon Street Elevator Upgrade (RFQ 10-3394) - Notice of Completion
Contact: Andre Baranov 916-774-5342 [email protected]
SUMMARY
Staff recommends that the City Council accept the Parking Garage Elevator Rehabilitation Project as complete and adopt a resolution authorizing the Public Works Director to execute the Notice of Completion. The total cost of the construction contract with Specialized Elevator Services was $100,885.
Funding for this project was included in the General Fund budget during the 2024-25 fiscal year.
RECOMMENDATION
Accept the Parking Garage Elevator Rehabilitation Project as complete and adopt a resolution authorizing the Public Works Director to execute the Notice of Completion.
BACKGROUND
The elevator for the 405 Vernon Street parking garage had controls that were outdated and difficult to find replacement parts. The City’s elevator service contractor had recommended replacing the elevator controls before a major failure. Additionally, Building Maintenance staff recommended weatherproofing for both doors and control panels. Bids were solicited for the modernization and weatherproofing of the elevator controls. Specialized Elevator Services LLC dba Elevator Industries was awarded and successfully completed the work on March 19, 2025. Staff inspected the contractor's work and found it complete, thereby meriting release of the 5% retention.
FISCAL IMPACT
The total cost of this project was $100,885. The 405 Vernon Street Elevator Upgrade Project was budgeted in the Parking Garage Elevator Rehabilitation Project in the General Fund. There is no ongoing maintenance cost increase associated with this work.
ENVIRONMENTAL REVIEW
This project qualifies for a Class 1 Exemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines. The project is confined to within the existing parking garage and would not result in expansion of use. No environmentally sensitive resources are located within or adjacent to the property; therefore the Class 1 exemption is applicable to the proposed project.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
1. Ensure a safe and healthy community
4. Invest in well-planned infrastructure and growth
Respectfully Submitted,
Andre Baranov, Project Supervisor
Jason Shykowski, Public Works Director
ATTACHMENTS:
1. Resolution 25-182
2. Notice of Completion 250521
3. Exhibit A - Location Map
4. CEQA - Notice of Exemption
REVIEWERS:
Andre Baranov, Public Works Department - Facilities Created/Initiated - 5/21/2025 James Kremko, Public Works Department - Facilities Approved - 5/21/2025 Jason Shykowski, Public Works Department - All Approved - 5/22/2025 Gretchen Hakala, City Attorney Department Approved - 5/22/2025 Katrina Six, City Clerk Department Approved - 5/23/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 5/23/2025 Michelle Sheidenberger, City Attorney Department Approved - 5/23/2025 Dominick Casey, City Clerk Department Approved - 5/27/2025 Katrina Six, City Clerk Department Final Approval - 5/27/2025
RESOLUTION NO. 25-182
ACCEPTING THE PUBLIC WORK KNOWN AS THE PARKING GARAGE ELEVATOR REHABILITATION PROJECT, APPROVING THE “NOTICE OF COMPLETION”, AND
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE SAID NOTICE ON
BEHALF OF THE CITY OF ROSEVILLE
BE IT RESOLVED by the City Council of the City of Roseville as follows:
1. The “Notice of Completion” on file in the City Clerk’s Department relative to that public work known as the Parking Garage Elevator Rehabilitation Project, has been approved and the public work accepted.
2. The Public Works Director is hereby authorized and directed to execute said Notice on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this ____ day of _____________________, 2025, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
_________________________________
City Clerk
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
CITY
CLERK
CITY OF ROSEVILLE
311 VERNON STREET
ROSEVILLE, CA 95678
Exempt
from recording fees
Pursuant to Gov’t Code §27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the public work of improvement known as the Project was completed and
accepted by the City of Roseville on . The location is situated in the City of Roseville, County of Placer, State of California and is indicated on the attached map, marked as Exhibit “A” and incorporated herein by this reference. The real property herein described is owned by the City of Roseville, 311 Vernon Street, Roseville CA 95678.
The direct/general contractor on said project was .
The surety on said project was
.
___________________________________
City o
f Roseville
Owner
ATTEST:
________________________________
_
Carmen Avalos, City Clerk
S
tate 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.
___________________________________
C
ity of Roseville
St
ate 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.
Notice of Exemption
To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678
Project Title: 405 Vernon Elevator Upgrade (RFQ 10-3394) – Contract Purchase Agreement
Project Location(s): 405 Vernon Street, Roseville, California 95678
Project Description: This project would approve the authorization of a contract purchase agreement and replacement of the existing outdated elevator in the City parking garage located at 405 Vernon Street.
The existing elevator has controls that are outdated and diff icult to find, and the City’s. elevator service contractor has recommended replacing the elevator controls before a major failure occurs . The new elevator would also have weather proofing for both doors and control panels. The new elevator will not result in any expansion of use.
Public Agency Approving Project: Roseville City Council
Agency/Individual Carrying Out Project: City of Roseville Public Works Department
Reason why this Project is Exempt: This project qualifies for a Class 1 E xemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines which states:
“Class 1 consists of the…repair…of existing publi c…structures, facilities, [or] mechanical equipment…involving negligible or no expansion of existing or former use…. Examples include but are not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances…”
The project is confined to within the existing parking garage and would not result in expansion of use. No environmentally sensitive resources are located within or adjacent to the property; therefore the Class 1 exemption is applicable to the proposed project.
Lead Agency Contact Person: Tiffany Valdez, Finance Department - Purchasing, 311 Vernon Street, Roseville, CA 95678. (916) 746-1109.
Signature: Date: 10/15/2024
Jessica Lynch, Environmental Coordinator, City of
Roseville
City Council
Communication
Meeting Date: 6/4/2025
Item #: VI.9
File #: 0214 & 0201-01
Item ID: 2025-213
Title: Edward Byrne Memorial Justice Assistance Grant Program - Approval of Non-Capital Project, Grant Award, and Budget Adjustment
Contact: Mark Peinado 916-774-5021 [email protected]
SUMMARY
Staff recommends that the City Council authorize a new non-capital project, accept the FY2024 Edward Byrne Memorial Justice Assistance Grant, and approve a budget adjustment to appropriate $17,653 of grant funding in the City's Grants Fund.
RECOMMENDATION
Staff recommends that the City Council:
1) Authorize the establishment of a new Non-Capital Project, FY2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program;
2) Adopt a resolution accepting the FY2024 Edward Byrne Memorial Justice Assistance Grant; and 3) Adopt an ordinance to approve a budget adjustment appropriating $17,653 in the Grants Fund to the Project for the funding of a part-time temporary Marketing Technician position.
BACKGROUND
The City of Roseville has been awarded a grant from the U.S. Department of Justice, Office of Justice Programs. The Edward Byrne Memorial Justice Assistance Grant Program allocated funds annually to states and local jurisdictions for law enforcement and criminal justice purposes. The amount of the grant is determined by a formula comprised of the jurisdiction's population and crime rate. This year, the City has been allocated $17,653. The Police Department recommends using the grant to support the department's crime prevention, marketing, and public outreach efforts.
The grant will continue to support a current part-time temporary Marketing Technician position within the Police Department. The position assists in coordinating the many crime prevention, marketing, and public education programs that enhance the safety and economic viability of our City.
FISCAL IMPACT
The recommended budget adjustment will establish and fund a new Non-Capital Project, FY2024 Edward Byrne Memorial JAG Program, in the Grants Fund. The Roseville Police Department has been granted funding from the FY2024 Edward Byrne Memorial Justice Assistance Grant in the amount of $17,653. This grant will be used to fund a part-time temporary position within Police Administration to assist in coordinating crime prevention, marketing and public education programs in the City of Roseville.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
1. Ensure a safe and healthy community
Respectfully Submitted,
Mark Peinado, Management Analyst
Troy Bergstrom, Police Chief
ATTACHMENTS:
1. Resolution 25-176
2. Award Package
3. Certification
4. Ordinance 6947
REVIEWERS:
Mark Peinado, Police Department Created/Initiated - 4/30/2025 Liz Luevano, Police Department Approved - 4/30/2025
Troy Bergstrom, Police Department Approved - 5/1/2025
Gretchen Hakala, City Attorney Department Approved - 5/14/2025 Katrina Six, City Clerk Department Approved - 5/20/2025 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 5/22/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 5/22/2025 Michelle Sheidenberger, City Attorney Department Approved - 5/23/2025 Dominick Casey, City Clerk Department Approved - 5/27/2025 Katrina Six, City Clerk Department Final Approval - 5/27/2025
RESOLUTION NO. 25-176
ACCEPTING A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE PROGRAMS, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE REQUIRED DOCUMENTS ON BEHALF
OF THE CITY OF ROSEVILLE
WHEREAS, each year Congress allocates funds to the Edward Byrne Memorial Justice Assistance Grant program for law enforcement; and
WHEREAS, funds are distributed to local government according to a population and crime rate-based formula; and
WHEREAS, the City of Roseville has been allocated $17,653; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roseville that the City of Roseville accepts the grant award from the U.S. Department of Justice, Office of Justice Programs.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the grant award and any other required documents on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of __________________________, 2025, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
___________________________
City Clerk
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Name and Address of Recipient: CITY OF ROSEVILLE 311 VERNON ST
City, State and Zip: ROSEVILLE, CA 95678
Recipient UEI: W49TKZLUYCJ3
Project Title: Crime reduction through
education and increased public awareness. Award Number: 15PBJA-24-GG-04587-JAGX Solicitation Title: BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $17,653.00 Federal Award Date: 12/4/24 Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: O
Assistance Listing:
16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/23 Project Period End Date: 9/30/25 Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/25 Project Description:
The City of Roseville, Police department will use JAG funds to fund the salary of a part-time marketing technician. The Department’s marketing technician will create and disseminate information regarding public awareness to reduce their chances of becoming a victim of various types of crimes. The marketing technician will focus on community outreach, crime prevention tips, and education programs.
Page: 1 of 23
Award Letter
December 4, 2024
Dear DOMINICK CASEY,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF ROSEVILLE for an award under the funding opportunity entitled 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $17,653.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Brent J. Cohen
Acting Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).
Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.
Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs.
Page: 2 of 23
OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.
Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.
For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o jp.usdoj.govor www.ojp.gov/program/civil-rights-office/about#ocr-contacts.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant. ?
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required.
For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/ nepa.html.
NEPA Coordinator
Page: 3 of 23
First Name
Orbin
Middle Name
no value
Last Name
Terry
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
CITY OF ROSEVILLE
UEI
W49TKZLUYCJ3
Street 1
311 VERNON ST Street 2
City
ROSEVILLE
State/U.S. Territory
California
Zip/Postal Code
95678
Country
United States
County/Parish
no value
Province
no value
Award Details
Federal Award Date
12/4/24
Award Type
Initial
Award Number
15PBJA-24-GG-04587-JAGX
Supplement Number
00 Federal Award Amount
$17,653.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title
16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Pub. L. No. 90-351, Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a). [ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Page: 4 of 23
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Solicitation Title
2024 BJA FY 24 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program - Local Solicitation
Application Number
GRANT14255392
Awarding Agency
OJP
Program Office
BJA
Grant Manager
Elaine Vanlandingham
Phone Number
202-598-7415
E-mail Address
[email protected]
Project Title
Crime reduction through education and increased public awareness.
Performance Period Start
Date
10/01/2023
Performance Period End Date
09/30/2025
Budget Period Start Date
10/01/2023
Budget Period End Date
09/30/2025
Project Description
The City of Roseville, Police department will use JAG funds to fund the salary of a part-time marketing technician. The Department’s marketing technician will create and disseminate information regarding public awareness to reduce their chances of becoming a victim of various types of crimes. The marketing technician will focus on community outreach, crime prevention tips, and education programs. [ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Page: 5 of 23
Condition 1
Meaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https:// www.federalregister.gov/d/02-15207) and is incorporated by reference here.
Condition 2
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
Condition 3
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faith-based organization that participates a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations.
In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see https://www.ojp.gov/ funding/explore/legaloverview2024/civilrightsrequirements.
Condition 4
Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Page: 6 of 23
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
Condition 5
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
Condition 6
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award from OJP.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
Page: 7 of 23
Condition 7
Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
Condition 8
Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Condition 9
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Condition 10
Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
Condition 11
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
Condition 12
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 Page: 8 of 23
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
Condition 13
Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
Condition 14
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Condition 15
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
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2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at E- [email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Condition 16
Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
Condition 17
Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
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Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
Condition 18
Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
Condition 19
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
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Condition 20
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
Condition 21
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
Condition 22
Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
Condition 23
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of Page: 12 of 23
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Condition 24
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Condition 25
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list.
Condition 26
Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
Condition 27
Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first- tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Condition 28
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Page: 13 of 23