Agenda packet — West Sacramento City Council, September 21, 2022 (part 1 of 3)

CITY OF WEST SACRAMENTO

REGULAR MEETING OF THE WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
SEPTEMBER 21, 2022 AGENDA
Martha Guerrero, Mayor
Quirina Orozco, Mayor Pro Tem
Norma Alcala, Council Member
Christopher T. Ledesma, Council Member
Dawnté Early, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
7:00 PM Regular Meeting Call to Order
Pledge of Allegiance
Land Acknowledgment
The meeting will be held at City Hall, City Council Chambers, 1110 West Capitol Avenue, West Sacramento GENERAL ADMINISTRATION FUNCTION – PART I

1. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE

JURISDICTION OF THE COUNCIL
The Council is prohibited from discussing issues not on the agenda brought to them at this time.

According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion or action.

PRESENTATIONS
NONE

CONSENT AGENDA

2. Capital Projects
CONSIDERATION OF AWARD OF CONTRACT TO SVA ARCHITECTS, INC. FOR ARCHITECT

AND DESIGN SERVICES FOR THE POLICE DEPARTMENT TENANT IMPROVEMENT PROJECT (CIP 51033)
Objective: The objective of this report is to provide City Council with sufficient information to award a Professional Service Contract (Attachment 1) to SVA Architects, Inc. for the Architect and Design Services through the assessment, design, bid, and construction phases of the Police Department Tenant Improvement & Assessment Project (CIP 51033).

3. Capital Projects
CONSIDERATION OF RESOLUTION 22-114 APPROVING AN AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM (CIP #15029 & CIP #21025) AND AMENDMENT NO. 3 TO THE Anyone wishing to address the Council, or any agenda item, may fill out the Request to Speak card and present it to the City Clerk prior to the completion of staff presentation. Items on the Consent Agenda will be considered in one motion and the Request to Speak card should be turned in prior to the first item on Consent.
1 CONSTRUCTION MANAGEMENT SERVICES CONTRACT WITH UNICO ENGINEERING FOR

THE WEST CAPITOL AVENUE SAFETY ENHANCEMENT PROJECT
Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 22-114, approving an amendment to the Capital Improvement Program (CIP #15029 & CIP #21025) and to approve Amendment No. 3 to the construction management and inspection services contract with Unico Engineering for the West Capitol Avenue Safety Enhancement and Road Rehabilitation Project (CIP #15029 & CIP #21025).

4. Parks & Recreation

CONSIDERATION AND AWARD OF CONTRACT TO DOMINGUEZ LANDSCAPE SERVICES, INC. TO PERFORM LANDSCAPE MAINTENANCE SERVICES WITHIN THE COMMUNITY

FACILITY DISTRICTS (CFD) IN THE CITY OF WEST SACRAMENTO Objective: Staff is seeking City Council approval of a contract with Dominguez Landscape Services, Inc. to perform landscape maintenance services within all Community Facilities Districts (CFD) in the City of West Sacramento.

5. Parks & Recreation

CONSIDERATION OF SECOND AMENDED AND RESTATED CONCESSIONAIRE

AGREEMENT WITH KLETTERWALD HERITAGE OAKS PARK, LLC FOR USE OF THE

HERITAGE OAKS PARK PROPERTY
Objective: The objective of this report is to provide the City Council with sufficient information to consider approval of an Amended and Restated Concessionaire Agreement with Kletterwald Heritage Oaks Park, LLC for continued operation of a treetop adventure course at Heritage Oaks Park.

6. Parks & Recreation
CONSIDERATION OF ADOPTION OF RESOLUTION 22-117 AND APPROVAL OF EMERGENCY CONTRACT WITH FORD CONSTRUCTION COMPANY, INC. FOR RIP RAP

WALLS TO IMPROVE LAKE LEVELS AT BRIDGEWAY LAKES
Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 22-117 amending the Capital Improvement Program to add a new Capital Improvement Project (CIP-62156) to help improve lake levels at Bridgeway Lakes, approve the transfer of funds from CIP-62146 (Bridgeway Lakes Fill Pump and Well) to CIP-62156, and permit continued construction of improvements under an Emergency Contract with Ford Construction Company, Inc.

7. Parks & Recreation

CONSIDERATION OF APPROVAL OF CONTRACT WITH CALIFORNIA CUSTOM DOCKS

CORPORATION TO PERFORM RIVERFRONT MAINTENANCE AND REPAIR SERVICES Objective: Staff is seeking City Council approval of a Contract for Services with California Custom Docks Corporation to perform maintenance and repair services for riverfront facilities, including the Broderick Boat Launch Facility, Etenesh Zeleke Public Dock, and Mill Street Pier.

8. City Manager's Office

CONSIDERATION OF UPDATES AND APPROVAL OF JOB DESCRIPTIONS AND UPDATES TO PUBLICLY AVAILABLE PAY SCHEDULE FOR FISCAL YEAR 2022/2023 Objective: The purpose of this report is to seek City Council approval for proposed changes to job descriptions and updates to the publicly available pay schedule for FY 22/23. 2 9. City Manager's Office

CONSIDERATION OF THE TERMS OF SUCCESSOR AGREEMENT AND ADOPTION OF THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST SACRAMENTO AND THE WEST SACRAMENTO STATIONARY ENGINEER'S, LOCAL 39 AND RESOLUTION 22-120 APPROVING AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 2022/23 Objective: The purpose of this report is to seek City Council consideration of a two-year (2) year successor Memorandum of Understanding (MOU) between the City of West Sacramento and the West Sacramento Stationary Engineer's, Local 39 and Resolution 22-120, and approving related budget amendments, as well as amendments to job classification descriptions and updated Salary Schedule and Authorized Position List for Local 39.

10. City Manager's Office
CONSIDERATION OF A CONTRACT WITH VALLEY VISION TO UPDATE THE CITY’S

BROADBAND INFRASTRUCTURE ASSESSMENT AND ACTION PLAN, AND CONSIDERATION OF RESOLUTION 22-121 AUTHORIZING A BUDGET APPROPRIATION OF $85,000 TO FUND

THE PROPOSED REPORT
Objective: The purpose of this report is to request the City Council’s authority to enter into a contract with Valley Vision to prepare an update to the City’s Broadband Action Plan and to provide related consulting services, and to request Council approval of Resolution 22-121 authorizing a budget appropriation of $85,000 for the subject services.

REGULAR AGENDA
NONE
GENERAL ADMINISTRATION FUNCTION – PART II

11. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Bikeshare Policy Steering Committee--------------------------------------------------------------------Guerrero City/County 2x2 --------------------------------------------------------------------------------------Guerrero, Alcala City/School 2x2---------------------------------------------------------------------------------------Guerrero, Alcala Executive Commission for the Homeless 10-Year Plan----------------------Orozco, Alternate - Vacant EIFD Public Financing Authority ----------------------------------------------------Ledesma, Vacant, Vacant League of California Cities ------------------------------------------------------------------------------------ Alcala Local Agency Formation Commission ---------------------------------------------------------------------- Alcala Port District Commission ---------------------------------------------------------Ledesma; Alternate - Orozco Remote Access Network ------------------------------------------------------------------------------------Guerrero River City Regional Stadium Financing Authority ---------------------------------------Guerrero, Ledesma Sacramento Area Council of Governments (SACOG)------------------Guerrero; Alternate – Ledesma Sacramento Regional County Sanitation District Board ------------------Orozco; Alternate - Ledesma Water Resources Association ------------------------------------------------------Early; Alternate - Ledesma West Sacramento Area Flood Control Agency JPA ----------------------------Alcala; Alternate - Orozco Yolo County Housing Authority ---------------------------------------------------------------------------------Early Yolo County Transportation District ------------------------------------------Ledesma; Alternate - Guerrero Yolo Habitat Conservancy -----------------------------------------------------------Early; Alternate - Ledesma Yolo-Solano Air Quality Management District ---------------------------------Alcala; Alternate - Ledesma Yolo Subbasin Sustainable Groundwater Agency-----------------------------Early; Alternate - Ledesma

COUNCIL INTERMEDIARY REPRESENTATIVES
Delta Protection Commission -------------------------------------------------------Vacant; Alternate - Vacant New Hope Community Development Corporation---------------------------------Early; Alternate - Alcala 3 Yolo County Consolidated Redevelopment Successor Agency Oversight Board ------------Ledesma

12. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS A. Arts, Cultural, & Historic Preservation Appointment

13. PART II
A. Council Calendar
B. City Manager Report
C. City Attorney Report
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
 Hindu American Awareness and Appreciation Month Proclamation/Resolution F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the September 21, 2022 regular meeting of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted September 16, 2022 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review.

NOTE: If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

The agenda and agenda reports are also available on the City’s website at www.cityofwestsacramento.org City Council meetings are broadcast live on Wave Cable Channel 20 and rerun the next day at 12:00 PM and the following Saturday at 6:00 PM.

All public materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are also made available for public inspection on the City’s website at:
www.cityofwestsacramento.org. Any document provided at the meeting by staff or by the public will be provided by the City Clerk upon request by phone at (916) 617-4500, or by email at: [email protected].

If you need assistance to participate in this meeting, please contact the City Clerk’s Office at 916-617- 4500 or [email protected]. Notify the City Clerk’s Office at least 48 hours prior to the meeting will assist staff in assuring reasonable arrangements can be made to provide accessibility to the meeting. Assisted listening devices are available at this meeting. 4 CITY COUNCIL AGENDA REPORT
MEETING DATE: September 21, 2022 ITEM # 2
SUBJECT:

CONSIDERATION OF AWARD OF CONTRACT TO SVA ARCHITECTS, INC. FOR

ARCHITECT AND DESIGN SERVICES FOR THE POLICE DEPARTMENT TENANT IMPROVEMENT PROJECT (CIP 51033)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Jamie Teske, Project Manager I
Capital Projects Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide City Council with sufficient information to award a Professional Service Contract (Attachment 1) to SVA Architects, Inc. for the Architect and Design Services through the assessment, design, bid, and construction phases of the Police Department Tenant Improvement & Assessment Project (CIP 51033).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Award the Contract for Professional Services for SVA Architects, Inc. in the amount of $142,350; 2) Authorize the City Manager, or his designee, to execute a contract with SVA Architects, Inc. in the amount of $142,350; and
3) Authorize the City Manager, or his designee, to make contract amendments up to 15% ($21,352.50) of the value of the contract.

BACKGROUND
The Police Department Headquarters has been located at 550 Jefferson Boulevard since 1995. The Headquarters building was conceived as an interim facility to suit the Police Department staffing needs for five to ten years. As anticipated, staff outgrew the existing building and in 2005 the City entered into a lease agreement to occupy a portion of the adjacent building at 1025 Triangle Court, Suite 100 (Annex Facility).

In 2007, the Police Department leased additional space in the Annex Facility, and in 2009, entered into a lease agreement to occupy the entire property (19,477 square feet). This property provides space for the Department’s volunteer program, property and evidence storage, and the bike patrol program. It houses the Department’s specialty unit vehicles and equipment such as the mobile command unit, SWAT vehicle, bomb squad robot and accoutrements, and provides space for training and general storage.

Over the past several years City facilities maintenance staff has addressed several significant repairs within the Police Headquarters Building due to deferred maintenance and normal wear and tear. It has become apparent that these issues will continue resulting in additional cost until the deferred maintenance items have been addressed.

The deferred maintenance improvements to be addressed involve new interior painting, updated flooring, and improved acoustical soundproofing for the interview rooms. All workstations, furniture, and storage have met end of usual life and will be replaced with modern and efficient storage and configuration to accommodate space and the increasing workforce.

The Police Department has also identified the need for a facilities assessment for future planning and department growth. Staff is requesting a space assessment to be conducted which will help to identify any future facility improvements, needs, site planning and space arrangements.

ANALYSIS
A Request for Proposals (RFP) was advertised in the local newspaper, the City’s website through OpenGov.com, and routed through the Chamber of Commerce on August 9, 2022. On August 31, 2022, at the end of the advertising period, City staff received three (3) proposals from architect and design firms. All proposals were evaluated and ranked by staff from the Capital Projects and the Police Departments. All three (3) firms possessed very high technical qualifications, strengths, and experiences directly relevant to this project. City staff concluded that SVA Architects, Inc. ranked number one and was best qualified to complete this project and meet all the anticipated needs for programming, planning, design, construction support, plan review and other ancillary services. SVA Architects, Inc. provided a robust proposal that incorporated all elements within the scope 5 Contract for Architect and Design Services for Police Department Tenant Improvement Project (CIP 51033) September 21, 2022

Page 2 ends

of work and will approach this project in two parts to address the deferred maintenance improvements and the facility and space needs assessment for the Police Department.

The proposals results are as follows:

Rank Consultant Proposal Amount
1 SVA Architects, Inc. $142,350.00
2 Dewberry Architects, Inc. $176,455.00
3 Indigo / Hammond + Playle Architects $496,500.00
This firm has extensive experience with public safety facilities, municipal design projects, and needs assessment and planning services. SVA Architects, Inc. will lead a comprehensive team including subconsultants for the technical disciplines required for design and engineering. If approved by the City Council, staff will solicit bids for construction as soon as the proposed deferred maintenance scope of work for the has been completed and finalized.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
Not applicable.

Strategic Plan Integration
This project is consistent with the City of West Sacramento’s Strategic Plan Mission to provide Quality Municipal Services, Quality City Infrastructure and Facilities and to Inspire Community Improvements that add value to the lives of our residents.

Alternatives
Staff respectfully recommends that the City Council review and approve the recommendations described in this report. The Council’s primary alternatives are summarized below. 1) Reject the recommended actions or direct staff to alter the project; 2) Defer or cancel the project.

Coordination and Review
This report was prepared by the Capital Projects Department and has been coordinated with and reviewed by the Public Works Operations & Maintenance Department, Police Department, and the Finance Department.

Budget/Cost Impact
The Police Department Tenant Improvement project (CIP 51033) included in the City’s current Capital Improvement Program (CIP) has a total appropriation of $3 million of American Rescue Plan (ARP) funds from the federal government. Adequate funding currently exists within the CIP project budget for this contract award and no additional funds are being requested at this time.

ATTACHMENT(S)

1. SVA Architects, Inc. Contract for Services
6 CONTRACT FOR SERVICES
THIS CONTRACT is made on September 21, 2022, by and between the CITY OF WEST SACRAMENTO (“City”), and SVA Architects, Inc. (“Consultant”).

WITNESSETH:

WHEREAS, the City desires SVA Architects, Inc. to provide designer services for Architect and Design services for the Police Department Tenant Improvement Project; WHEREAS, the Consultant has presented a proposal for such services to the City, dated August 31, 2022, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in Exhibit “A”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.

C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “A” and terminate on September 30, 2023.

B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3. 7 Contract for Services
SVA Architects, Inc
September 21, 2022
2 C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for two additional one-year extensions in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed one hundred thirty four thousand, three hundred and fifty dollars ($134,350.00), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "A".

B. Said amount shall be paid upon submittal of a monthly billing showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.

C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.

4. TERMINATION:

A. This Contract may be terminated by either party, provided that the other party is given not less than 60 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.

C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:
8 Contract for Services
SVA Architects, Inc
September 21, 2022
3 Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

6. EXTENSIONS OF TIME:

Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.

7. PROPERTY OF CITY:

A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.

B. The reuse of any of the materials or documents described in Paragraph 7.A by the City on any other project without the written permission of the Consultant, shall be at the City's sole risk and the City agrees to defend, indemnify and hold harmless the Consultant from all claims, damages and expenses, including attorney's fees, arising out of such unauthorized reuse by the City or by others acting through the City. The Consultant is not responsible and liability is waived by the City as against the Consultant for use by the City or any other person of any data, reports, plans or drawings not signed by the Consultant.

8. COMPLIANCE WITH ALL LAWS:

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.

C. The work contemplated under this Contract is a public work for the purposes of Labor Code section 1720, and is subject to the payment of prevailing wages. Accordingly, Consultant shall comply with the provisions of Exhibit "D".

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.
9 Contract for Services
SVA Architects, Inc
September 21, 2022
4 B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.

C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.

D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.

10. SUBCONTRACTING:

None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.

11. ASSIGNABILITY:

Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.

However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:
10 Contract for Services
SVA Architects, Inc
September 21, 2022
5 All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.

15. INDEMNITY AND LITIGATION COSTS:

Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees or anyone else employed by the Consultant in the performance of professional design services under this agreement, to the extent of the Consultant’s proportionate percentage of fault.

To the extent permitted by Civil Code section 2782.8, for all other claims unrelated to the provision of professional design services, the Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation, which arise out of or are in any way connected with the Consultant’s, or its subcontractors’ or suppliers’, performance under this agreement or failure to comply with any of the obligations contained in the agreement. This indemnity shall imply no reciprocal right of the Consultant in any action on the agreement pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Consultant shall apply to any and all acts or omissions unrelated to the provision of professional design services, whether active or passive, on the part of the Consultant or its agents, employees, representatives, or subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City.

16. CONSULTANT TO PROVIDE INSURANCE:

A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
11 Contract for Services
SVA Architects, Inc
September 21, 2022
6 B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

1. Worker’s Compensation and Employer’s Liability Insurance

a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations.

The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, 12 Contract for Services
SVA Architects, Inc
September 21, 2022
7 employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section

16.B.2.b).

4. Professional Liability. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $1,000,000 per claim.

C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.

D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.

E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.

F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.

17. MISCELLANEOUS PROVISIONS:

A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to 13 Contract for Services
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8 observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.

B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.

C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.

E. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of West Sacramento
Attn: Jamie Teske
1110 West Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]

Consultant: SVA Architects, Inc.

Robert Simons
1450 Drew Avenue
Davis, CA 95618
[email protected]

F. This Contract shall be interpreted and governed by the laws of the State of California.

G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie. 14 Contract for Services
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9 H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

G. This project may be funded in whole or in part by Federal funds, including American Rescue Plan Act (ARPA) funds under the government services category. The consultant shall be required to comply with all applicable Federal, State, and Local laws and regulations in the execution of the Scope of Work, including, but not limited to, conflicts of interest, lobbying, drugfree workplaces, and prevailing wage and labor standard and shall be required to comply with specific requirements of ARPA funds as provided in the interim final rule and the final rule issued by the United States Treasury, including the additional guidance for capital expenditures using ARPA funds.
[Signatures on following page]
15 Contract for Services
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10 CITY OF WEST SACRAMENTO
By: __________________________
Aaron Laurel, City Manager
ATTEST:

By: _________________________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

By: __________________________________
Jeffrey Mitchell, City Attorney
SVA Architects, Inc.

By: _________________________
Robert Simons, Partner
Date Executed: _________________
16 EXHIBIT A
Consultant Proposal/Scope of Work
17 SVA Architects | City of West Sacramento | 22

3. Technical Project Approach
SVA has created the following work plan to identify the tasks that we believe are required to successfully complete the assignment. Throughout the course of the project we will meet with the project team on a biweekly basis and will provide additional meetings as required by the project phase and schedule. SVA will provide meeting minutes and update the City monthly on design progress and any challenges. Our team will be available for both in-person and virtual meetings, and we will discuss the most appropriate venue for conducting meetings during our initial in-person kick-off meeting
PART A: DEFERRED MAINTENANCE IMPROVEMENTS
SVA will begin this assignment by engaging in a multi-disciplined approach toward analyzing and designing the development of the project.

During this meeting we will discuss the project schedule in detail, including the scope in Part B. We will also review the opportunities for project phasing. We will also review the proposed meeting schedule and discuss which meetings should be conducted in-person and which can be virtual, online meetings. Additional in-person and virtual meetings will be scheduled throughout the project as needed.

Task #2 – Programming
We will then engage user groups, administration personnel, and maintenance operations staff to gain a complete understanding of the project design intentions, the governing parameters, and the requirements for long-term use and maintenance. This engagement will be conducted through one-on-one interviews with all stakeholders during which we will confirm and update, as required, any previously prepared programming information, as well as understanding the ambitions to be achieved within the project. We will discuss the proposed day-to-day operations of the facility, the requirements for all interior finishes to be replaced, critical internal relationships, and the interaction with the public and any other government agencies that may impact the design and selection of new furnishings and workstations.

Based on our experience with similar projects, SVA will discuss industry trends, new planning and programming opportunities, and alternate options that may warrant consideration. We will review any previously prepared reports considering existing hazardous site materials and the implications of their removal or containment.

At the end of this phase SVA will prepare a written report detailing the work to be performed in the designated areas and a program of the space requirements and quantities of new workstations and ancillary furnishings.

Task #3 – Building Analysis (Concurrent with Task #2)
Concurrently, our team will review any reports and assessments previously prepared by the City concerning the as-built condition of the building and will confirm these findings thorough an onsite examination. The goal of this phase is to verity that the mechanical and electrical systems of the building are adequate to accommodate the proposed modifications to the project and to ascertain if the removal of any hazardous materials is required.

At the conclusion of this phase, we will provide the City with a written and photographic site analysis that documents our findings and our recommendations for the development of the project moving forward. This Basis of Design document will be submitted to the City for approval prior to proceeding to subsequent phases and we will meet with the City to review the findings of this research, as requested 18 SVA Architects | City of West Sacramento | 23
Task #4 – Space Planning
Upon review and acceptance of the project assessment and analysis report, and upon approval of the final adjusted and updated project program, SVA will create alternate block plans based upon our review of the existing conditions and our understanding of the program. SVA will propose alternate methods for arranging and locating the workstations through block planning diagrams. We will provide the City with a benefits analysis for each study to assist the team in determining the most advantageous solution, including the impact of each design within the building. Once block planning directions have been established, including City requested modifications, SVA will create more detailed space plans derived from the blocking plans that will exhibit all workstations in greater detail, including required adjacencies.

Task #5 – Interior Design:

SVA will provide alternate initial recommendations for interior project finishes within the designated project areas including hard surface flooring and carpeting, wall base, wall treatments, cabinetry and counter materials, ceiling, and door finishes. We will provide initial design diagrams of any specialty interior design features and any specialty lighting that may be required. SVA will prepare sketches, exhibits, images, and material boards, as required, to convey the design intentions of the project to the City.

SVA will prepare a Schematic Design package, illustrating all space and phasing plans, the location and outline specification of interior finishes and treatments, and any required modifications to existing lighting and power outlets.

At the conclusion of the Schematic Design phase, SVA will review the completed conceptual design package with the City to receive their final comments and will provide any final modifications or revisions, as requested.

Task #6 – Cost Estimating:

At the 100% completion of the Schematic Design package, SVA will consult with our cost estimator. We will review the project in greater detail with the cost estimator to gain an understanding of project costs based on today’s construction pricing and predicted cost escalations and will include estimates for new furniture purchases.

Upon completion of this work, SVA will prepare a detailed cost estimate for the project, including potential cost escalations. SVA will meet with the City to review the pricing analysis and will create a final summary report, including any modifications or additions requested by the City.

Task #7 - Design Development Drawings:

Upon approval of the final Conceptual/Schematic Design package, budget estimate and schedule, SVA will prepare design development drawings identifying all items to be constructed and purchased so that a final budget estimate can be determined. The three-dimensional character of the space will be further developed in greater detail, including the final selection of interior finishes, any new light fixtures, cabinetry, furnishings, and upholstery.

SVA will review this package with the City at 50% and 100% completion to ensure that all design elements have been identified and exhibited properly in a manner that allows the nature of the design to be readily conveyed and priced. SVA will prepare design exhibits, sketches, and material boards as required to adequately convey the final design of the project. SVA will coordinate with the City’s Information Services Department regarding the design and installation of communication, data and security cables, and other connectivity concerns.

The installation of raceways, conduits, cabling, and backboards will be coordinated with the City to verify conformance to all City standards and requirements.

Task #8 - Construction Documents/Specifications
SVA will prepare construction documents and specifications suitable to convey the design intent of the project and to obtain any required building permits based on the approved Design Development Document Package.

Developed plans, elevations and details will be prepared to adequately convey the design direction to contractors and fabricators.
19 SVA Architects | City of West Sacramento | 24
Electronic copies of all drawings will be made available to the City. A specifications manual describing the construction process, standards and products will accompany the construction drawings and will be available in MS Word format and PDF. SVA will be responsible for the technical correctness, code compliance, and internal document coordination of the project construction documents. Additionally, furniture bid packages will be prepared for bidding and will convey the approved plan layouts and requirements for each workstation, as well as ancillary support furnishings, in a manner that will allow the participation of multiple bidders. SVA will submit review sets of the Construction Document package at the 50%, and 100% stage of completion for City review.

At 95% completion of the Construction Documents, SVA will submit the package to our cost estimator for a pricing review to verify that the final design conforms to the approved project budget. If the design is not in alignment with the project budget, SVA will meet with the City to discuss value engineering and will modify the documents, as required.

Task #9 – Plan Check
For any work requiring permit approval, SVA will submit the completed Construction Document package to the City’s project manager and to all governmental adjacencies having jurisdiction o for review and comment. SVA will respond to any requested governmental comments and requests required to obtain a final building permit.

Task #10 – Project Bidding
SVA will be available to the City to assist in the preparation, dispersal, and review of bid packages for both the construction documents and furniture procurement. Our team will attend any pre-bid orientation meetings and site inspections, review Requests for Information and questions, and respond to the City accordingly. SVA will assist the City in a pre-bid contractor interest campaign, if requested by the City. Upon receipt of all bids, we will assist the City in their review and will provide comments to assist the City in their final selections.

Task #11 – Construction Administration
SVA will provide ongoing consultation during construction including but not limited to: attending preconstruction meetings, reviewing and authorizing substitution requests, attending scheduled City/Architect/ Contractor meetings, responding to requests for information, issuing design bulletins as necessary, reviewing submittals, providing clarification relating to the intent of the documents, reviewing pay applications and change order requests and providing additional related services, as required.

Task #12 – Furniture Administration
SVA will be available to the City and the selected furniture dealer to answer questions and provide clarification of the interior design intent throughout the ordering phase of the project. SVA will review furniture submissions and any related installation drawings. SVA will assist the City in coordinating the efforts of the furniture dealer with the City’s general contractor with regard to electrical requirements and move strategy, including any proposed phased occupancies.

Task #13 – Project Close-Out
Upon completion of construction and the installation of FF&E items, SVA will provide a punchlist walk-through identifying missing items, defective items, and items in need of replacement.

SVA will coordinate with the City’s general contractor to provide commissioning services to verify that the punchlist has been completed, that systems are fully operational, and that the City is provided with a complete manual of warranties and conditions for operation.
20 SVA Architects | City of West Sacramento | 25
PART B: FACILITY AND SPACE NEEDS ASSESSMENT
Part B has similar initial tasks as Part A, but unlike Part A, a Civil Engineer will be involved.

Task #1 – Kick-Off Meeting
We will conduct an initial Kick-Off Meeting to better understand the intent and scope of the project, the personnel to be involved, the reporting criteria and the schedule for the project. We will discuss any previous planning or programming documentation, as well as any existing building/site condition studies, information or building reports to gain a better understanding of the project history, the opportunities for development and any requirements for abatement and remediation. During this meeting we will discuss the project schedule in detail and review the opportunities for project phasing. We will also review proposed meeting schedule and discuss which meeting should be conducted in-person and which can be virtual, online meetings. SVA will also discuss which activities may be concurrent with those identified for Part A services.

Task #2 – Programming
Our first step will be to engage with user groups, administration personnel, and maintenance operations staff to gain a complete understanding of the design intentions for the project, the parameters governing the project and the requirements for long-term use and maintenance. This engagement will be through one-on-one interviews with all stakeholders during which we will confirm and update, as required, any previously prepared programming information, as well as understanding the ambitions to be achieved within the project. At the end of this phase SVA will prepare a written report detailing the requested space requirements and quantities for the project based upon a projected ten-year occupancy.

Task #3 – Site Analysis (Concurrent with Task #2)
Concurrently, our team will review any reports and assessments previously prepared by the City concerning the as-built condition of the building and the site and will confirm these findings thorough an on-site examination.

We will review existing building systems including HVAC, electrical and information technology with an eye toward understanding their long-term effectiveness and ability to adapt to proposed modifications. We will review the structural integrity of the building, as well as compliance to ADA accessibility.

At the conclusion of this phase, we will provide the City with a written and photographic site analysis that documents our findings and our recommendations for any items which may not have been previously addressed and may impact the development of the project moving forward. SVA will also document any hazardous materials not previously identified to be abated by others. This Basis of Design document will be submitted for approval prior to proceeding to subsequent phases and we will meet with the City to review the findings of this research, as requested.

Task #4 – Space Planning
Upon review and acceptance of the project assessment and analysis report, and upon approval of the final adjusted and updated project program, SVA will create alternate block plans based upon our review of the existing conditions and our understanding of the program. SVA will propose alternate methods for arranging and locating program requirements within the confines of the building. We will provide the City with a benefits analysis for each study to assist the team in determining the most advantageous solution, including the impact of each design within the building.

Once block planning directions have been established, including City requested modifications, SVA will create more detailed space plans derived from the blocking plans that will exhibit all spaces and workstations in greater detail including required adjacencies. These plans will exhibit all building functions, will describe major points of egress and exit, accessible paths of travel and will define publicly accessible areas versus secured staff areas.

Task #5 – Cost Estimating
Upon completion of the approved space plan, including City requested modifications, SVA will prepare a pricing package that will include plans and preliminary outline specifications describing the intentions of the work to be performed. We review the project in greater detail with the cost estimator to gain an understanding of project 21 Contract for Services
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EXHIBIT B
Schedule of Performance
Contract Start Date September 21, 2022
Contract End Date September 23, 2023
22 Contract for Services
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EXHIBIT C
Schedule of Fees
23 REQUEST FOR PROPOSALS 22-055-RFP - REBID

ARCHITECT AND DESIGN SERVICES FOR

POLICE DEPARTMENT TENANT IMPROVEMENT PROJECT
August 31, 2021
SVA ARCHITECTS, INC.
1450 Drew Ave, Suite 150,
Davis, CA 95618
T: 530.302.2237
www.sva-architects.com
City of West Sacramento

COST PROPOSAL
24 SVA Architects | City of West Sacramento | 1

4. Cost Proposal

PROPOSED FEE
Based on the RFP information, the site walk, our project understanding, and our team’s experience with similar projects, our proposed fee is Seventy Thousand Dollars ($70,000.00) for Part A and Sixty-Four Thousand Three Hundred and Fifty Dollars ($64,350) for Part B. For Part A and Part B, they each include the disciplines as shown below.

Our Cost Proposal includes all applicable federal, state, and local taxes and is inclusive of anticipated project expenses. SVA agrees to maintain pricing pursuant to the Cost Proposal for the duration of the Contract, and any optional extensions. Please note SVA is open and flexible to discuss our fee structure to ensure our fees are fair and competitive.

Part A Part B
Deferred Maint.

Improvements
Facility and Space Needs
Assessment
SVA Architects, Inc. Architectural and Interiors $48,000 $43,000 BKF Engineers Civil Not Required $8,350
ZFA Structural Engineer Structural $3,500 $10,000
Sacramento Engineering Consultants Electrical (Power/Telecom) $10,000 If Required - TBD Pending on Scope
Sierra West Group Cost Estimating $8,500 $3,000
Total Fees: $70,000 $64,350
Optional Services :

BKF Engineers Topo/Utility Surveys (Est.) Not Required $11,250 ZFA Structural Engineer Building Feasibility Review Not Required $6,000 Proposed Fees
Project Team Member Discipline

REIMBURSABLE ALLOWANCE
Reimbursement for any direct expenses will be at 1.10 times the actual expense. Reimbursable expenses will include, but not be limited to, computer plots, printing and reproduction, photo work, artist renderings (if requested by Client), overnight delivery, and messenger services. SVA’s in-house progress sets are excluded from reimbursement. At this time, we would like to propose a Five Thousand Dollars ($5,000.00) allowance for Part A and Three Thousand Dollars ($3,000.00) for Part B.
25 SVA Architects | City of West Sacramento | 2

HOURLY RATES
Listed below are the hourly rates of SVA and our subconsultants.

SVA Architects (Architect)
Partner/Principal $225
Senior Project Architect/Manager $195
Senior Designer $185
Project Architect/Manager $175
Job Captain $155
Intermediate Technical Designer $125
Junior Technical Designer $100
Clerical Staff $75
BKF Engineers (Civil Engineer)
Engineering
Senior Associate $212
Associate $206
Project Manager $197 - $202
Engineer I, II, III, IV $129 - $182
Planning
Planner I, II, III $129 - $182
Design And Drafting
Technician I, II, III $123 - $155
Drafter I, II, III, IV $96 - $127
Construction Administration
Sr. Construction Administrator $191
Resident Engineer $142
Field Engineer I, II, III $129 - $168
ZFA Structural Engineer
Executive Principal $215
Principal $195
Associate Principal $175
Senior Associate $160
Associate $150
Senior Engineer $135
Engineer $125
Engineer – Designer $110
Project BIM Manager $130
Senior BIM Technician $120
BIM Technician $105
Engineering Support $65
Sacramento Engineering Consultants
Principal $290
Engineer $220
Senior Designer $200
Designer $140
Clerical $130.

Sierra West Group (Cost Estimator)
Principal $150
Senior Cost Manager $140
Chief Estimator $125
Mechanical / Electrical Estimator $110
Civil Engineer / Estimator $110
Administrative $78
26 EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

SVA Architects, Inc.

By:

Robert Simons, Partner
27 EXHIBIT E

LABOR COMPLIANCE

1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall, and the contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.

B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.

C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.

2. PREVAILING WAGE RECORDS
A. The Consultant and each subcontractor shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified and shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work. The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.

B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775.

C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant 28 in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

FEDERAL CONTRACT PROVISIONS
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses Please review and check the appropriate boxes to determine the applicability of provisions to the federally funded contract or purchase order. In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit C shall control. ☒TERMINATION FOR CAUSE (in addition to standard Termination language) Criteria: All Contracts over $10k

1. In the event of any default by the Consultant as described below, the City may, after giving ten (10) days’ written notice to the Consultant, terminate the Consultant’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
a. Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. b. Filing of bankruptcy by the Consultant, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Consultant’s insolvency without discharge of the receiver within ten (10) days after its appointment. c. Failure to make prompt payments to Subcontractors or suppliers. d. Persistent disregard of laws, ordinances, or the instructions of the City, or other substantial violation of any provision of the Contract.

2. In the event the right of the Consultant to proceed with the Work, or any portion thereof, has been terminated because of the default of the Consultant and the Consultant has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Consultant and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City.

3. Upon termination, the Consultant shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Consultant in accordance with the terms of the Contract, then the difference shall be paid to the Consultant in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Consultant would otherwise have been paid, the Consultant and its sureties shall be liable to the City for the full amount of such excess expense.

4. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract. ☒ EQUAL EMPLOYMENT OPPORTUNITY 41 CFR Part 60-1.4b
Criteria: Construction or repair work. Select either Government Contracts or Federally Assisted Construction Contracts.
☒ Criteria: Federally assisted construction contracts
30 Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government 31 contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Director of OFCCP may designate.

Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. 32 Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. ☒ DAVIS-BACON ACT (40 U.S.C. §§ 3141-3144 and 3146-3148) Criteria: Construction or repair work (not applicable to FEMA)

1. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

3. Additionally, contractors are required to pay wages not less than once a week. ☐ Rights to Inventions Made Under a Contract or Agreement.

Criteria: Funding agreement (not applicable to FEMA)
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. ☐ CLEAN AIR ACT
Criteria: All contracts over $150k
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

1. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

2. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☐ FEDERAL WATER POLLUTION CONTROL ACT
Criteria: All contracts over $150k

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure 33 notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ DEBARMENT AND SUSPENSION
Criteria: Over $25k
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

5. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935).

6. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

7. This certification is a material representation of fact relied upon by the City of West Sacramento.

If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of West Sacramento, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The City will insure the Contractor and any lower participants are not debarred by checking the government’s System Award Management (SAM).

8. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. ☒ BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) Criteria: All contracts require. Any contracts over $100k also require additional certification. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the nonFederal award.

Contractors who apply or bid for an award of $100,000 or more shall file the required certification (see Appendix A, 44 C.F.R Part 18 – Certification Regarding Lobbying). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an 34 employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
☒ RECORD RETENTION
Criteria: All contracts
In addition to the reports specified in this Agreement, Consultant shall retain the records required by the applicable provisions of 2 CFR § 200.333, no less than three (3) years after City's final payment to Consultant under this Agreement and provide the City with the reports required pursuant to 2 CFR §§ 200.328 and 200.343, and such other records and reports as the City may reasonably require in the administration of this Agreement. Consultant shall keep all other necessary books and records, including property, personnel, loan documentation and financial records, in connection with the operation and services performed under this Agreement, in accordance with 2 CFR §200.333
☒ NO OBLIGATION BY FEDERAL GOVERNMENT
Criteria: All contracts
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract.
☒ PROCUREMENT OF RECOVERED MATERIALS
Criteria: All contracts over $10k where work involves the use of materials (J) §200.323 Procurement of recovered materials.

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines."

1. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired—

2. Competitively within a timeframe providing for compliance with the contract performance schedule;

3. Meeting contract performance requirements; or

4. At a reasonable price.
a. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. ☒ Domestic preferences for procurements
Criteria: All contracts over $10k where work involves the use of materials (L) §200.322 Domestic preferences for procurements.
35 (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber."

Page 1 of 1 ends

EXHIBIT G

FEMA CONTRACT PROVISIONS
Criteria: FEMA Funded Contracts Only

ACCESS TO RECORDS
The following access to records requirements applies to this contract:

1. The Consultant agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

2. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

DHS SEAL LOGO AND FLAGS
The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.

The Consultant agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.

The Consultant will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.

37 CITY COUNCIL AGENDA REPORT
MEETING DATE: September 21, 2022 ITEM # 3
SUBJECT:

CONSIDERATION OF RESOLUTION 22-114 AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP #15029 & CIP #21025) AND AAMENDMENT NO. 3 TO THE

CONSTRUCTION MANAGEMENT SERVICES CONTRACT WITH UNICO ENGINEERING

FOR THE WEST CAPITOL AVENUE SAFETY ENHANCEMENT AND ROAD REHABILITATION PROJECT (CIP #15029 & CIP #21025)
INITIATED OR REQUESTED BY: REPORT PREPARED BY:

Ryan Teves, Senior Engineer
Capital Projects Department
[ ] Council [X] Staff
[ ] Other
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to adopt Resolution 22-114, approving an amendment to the Capital Improvement Program (CIP #15029 & CIP #21025) and to approve Amendment No. 3 to the construction management and inspection services contract with Unico Engineering for the West Capitol Avenue Safety Enhancement and Road Rehabilitation Project (CIP #15029 & CIP #21025).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Adopt Resolution 22-114 (Attachment 1) amending the Capital Improvement Program (CIP #15029 & CIP #21025).
2) Approve and authorize the City Manager, or his designee, to execute Amendment No. 3 (Attachment 2) to the Construction Management Services Contract with Unico Engineering extending the contract completion date to January 31, 2023 and additional compensation of $220,000 for the West Capitol Avenue Safety Enhancement and Road Rehabilitation Project (CIP #15029 & CIP #21025);

BACKGROUND
Beginning in 2016, the City of West Sacramento applied for and received federal and state grant funding for the design and construction of road rehabilitation and safety improvements along nearly three miles of West Capitol Avenue from Jefferson Boulevard to Interstate 80 (I-80) and along Jefferson Boulevard between West Capitol Avenue and Park Boulevard.

The combined federal, state, and local funding has allowed the City to redesign the corridor to achieve the primary goals of enhancing pedestrian, bicycle and traffic safety as well as rehabilitating the pavement.

These goals have been realized with the following project elements:
 Extensive pavement rehabilitation
 Extensive restriping with bicycle and vehicle traffic lane optimization  Mid-block pedestrian crossings with Rectangular Rapid Flashing Beacons (RRFBs)  Streetlight and supplemental lighting at all pedestrian crossings  High visibility green bike lanes at conflict zones
 Separated Bike Lanes
 Extensive traffic signal equipment upgrades
 Completion of sidewalk gap closures on the south side of West Capitol Avenue  Driveway, curb, gutter and sidewalk reconstruction and repairs  Extensive ADA ramp reconstruction
 Waterline upgrades and replacement
 Installation of fiber optic cable along the West Capitol Avenue to the new Corporation Yard The project elements listed above were the result of the City’s staff and consultant recommendations, stakeholder and community input and grant agency commitments, as well as discussions with the City’s Fire and Police Departments, TMI Commission, and City Council. Staff made presentations to and sought input from the 38 West Capitol Avenue Safety Enhancement and Road Rehabilitation Project, Contract Amendment with Unico Engineering September 21, 2022

Page 2 of 4 ends

City Council on July 26 2017, April 11, 2018, January 16, 2019, April 3, 2019, and December 11, 2019. Safety was consistently a major topic in all discussions.

On December 11, 20219 the City entered into a professional services contract with Unico Engineering on for construction management and inspection services for the West Capitol Avenue Project. The construction management contract included both safety enhancements and road rehabilitation (CIP #15029) as well as water utility installation (CIP #21025) for the project.

On May 13, 2020, City Council approved a construction contract with Graniterock Construction in the amount of $13,326,293. This amount was greater than the available funding at the time, and due to the uncertainty concerning the City’s available funding due to the COVID-19 pandemic, future deductive change orders in the amount of $640,148 would be necessary to balance project construction costs with available funding. It should be noted that no construction contingency was available for the project at the time of award.

On May 5, 2021, City staff presented a project status update to City Council with a request for additional funding of $1,508,000 to eliminate the $640,000 funding gap as well as provide construction contingency funds to mitigate unforeseen complications to the project with underground utilities, comply with State and Utility Agency requirements, and to address several key improvements related to road rehabilitation, traffic signals, and sidewalk improvements. The $1,508,000 of funding allocated 6.5% of construction contingency to the project.

On April 8, 2021 and October 6, 2021 City staff requested City Council to approve Contract Amendments No. 1 and No. 2 with Unico Engineering for additional construction management and inspection services. These additional services accounted for initial water utility installation delays and COVID-19 impacts as well as an increase in the daily working hours to increase production and increase the number of working days to account for material and worker shortages due to the pandemic, and accelerating construction work during weekends and nights to account for delays to the project schedule and meet the project schedule requirements before the winter and rain season which would have delayed road rehabilitation until the spring of 2022.

ANALYSIS
Currently, the project has reached the final phase; punch list and closeout. City staff has begun reconciling the remaining project costs and finalizing the federal grant requirements for the project including both safety enhancements and road rehabilitation (CIP 15029) and water utility installation (CIP 21025). Due to the complexities of federal grant projects and required coordination with Caltrans for project closeout additional funding to the CIP to account for these remaining tasks is needed. The current and projected closeout costs are shown in Table 1 in the Budget/Cost Impact section.

Further, City staff is requesting approval of Amendment No. 3 as shown in Table 1 to the Unico Engineering contract for construction management and inspection services. The contract amendment is necessary due to the extended number of project working days and to assist City staff with project closeout. These tasks include compiling the project’s documentation including daily reports, grant funding, and invoices as well as reporting project documents in compliance with federal grant requirements and auditing.

The construction management team was able to successfully complete the project meeting critical milestones as well as control construction costs. For a project of this large in magnitude and complexity, a 15% contingency would be typical. Even though the project scope included underground utilities, rehabilitation of the underlying historic highway 40 and experienced unexpected delays during a pandemic, the team was able to keep the construction contract contingency to 7%.

Finally, City staff is requesting additional funding to separate the project CIP into two phases. The first phase is the federal grant and local match funding for the construction project. The second phase is being created to closeout outstanding contract and maintenance items for the project.

Environmental Considerations
A CEQA Initial Study Mitigated Negative Declaration was completed in April 2019, and the Caltrans NEPA Categorical Exclusion was completed on April 10, 2019 and revalidated on October 4, 2019 for construction. An addendum to file was completed on July 23, 2021 for acquisition of the rights of way.

Commission Recommendations
Staff provided project updates and solicited input from the Transportation, Mobility, and Infrastructure (TMI) Commission on July 10, 2017, January 7, 2019, December 4, 2019, and November 2, 2020. 39 West Capitol Avenue Safety Enhancement and Road Rehabilitation Project, Contract Amendment with Unico Engineering September 21, 2022

Page 3 of 4 ends

Strategic Plan Integration
“Bicycle, Pedestrian and Trail Improvements” is a top priority of the 2018 Strategic Plan. Bicycle and Pedestrian elements are important components of this project. “Investing in the Community” through road rehabilitation is also a high priority for the City.

Alternatives
The City Council may:
1) Approve the recommended actions as stated above, or
2) Delay or revise the recommended actions, or
3) Decline to approve the recommended actions.

Alternatives 2 and 3 are not recommended as this will modify or not allow Unico Engineering to complete federal grant compliance documents and receive their final payment.

Coordination and Review
This report was prepared by the Capital Projects Department with coordination and review by the Finance Department.

Budget/Cost Impact
On September 18, 2019, the City Council approved the 2019-2024 Capital Improvement Program (CIP) which included budget appropriations to fund a significant portion of the West Capitol Avenue project costs. At this time, City staff is requesting and recommending additional funding of $350,000 for this project comprised of $250,000 from the Fund 110, Measure E, to cover the additional amount needed for CIP 15029 and $100,000 from Fund 506, the Water Operating Fund, to cover the additional amount needed for CIP 21025. An analysis of funding for Measure E is shown in Attachment 3. Based on the information above, a breakdown of these funds is shown in Table 2 below.

Table 1: Project Funding Request

PROJECT COSTS FUNDING
CIP 15029 CIP 21025
Management & Engineering
Approval Contracts &
Amendments
Fed & State
Grants City Funds
Fund
506/507
(Water)
City Staff & Misc. $434,538 $347,631 $86,908
Consultant 4/11/2018 $1,014,664 $508,000 $303,731 $202,933 Construction Phase
Environmental & Noise Mitigation 5/13/2020 $20,000 $13,000 $3,000 $4,000 City CM Staff 5/13/2020 $466,420 $300,000 $504,828 $93,284 *City CM Staff 9/21/2022 $80,000 $80,000
Consultant - Support During Const. (MTCo) 5/13/2020 $114,849, $60,000 $31,879 $22,970 Consultant - CM (Unico Engineering) 12/11/2019 $1,228,759 $900,000 $83,007 $245,752 *Consultant – CM (Unico Engineering) 9/21/2022 $170,000 $70,000 $100,000 Consultant - Material Testing (BCI) 5/13/2020 $85,033 N/A $68,026 $17,007 Construction- (Graniterock Company) 5/13/2020 $13,326,293 $8,898,090 $2,201,056 $2,227,147 Construction Contingency 5/13/2020 $500,000 $500,000
Budget Contingency 5/13/2020 $100,000 $100,000
*Budget Contingency (Phase II) 9/21/2022 $100,000 $100,000 Construction Contingency 5/5/2021 $1,118,000 $250,000 $867,852 Sub-totals $10,929,090 $4,661,010 $3,600,000
$15,590,100 $3,600,000
Total Project Costs $19,190,100 $16,674,640
*Additional Funding Requests
40 West Capitol Avenue Safety Enhancement and Road Rehabilitation Project, Contract Amendment with Unico Engineering September 21, 2022

Page 4 of 4 ends

Table 2: Project Funding Sources
**Additional Funding Sources

ATTACHMENT(S)
1) Resolution 22-114
2) Contract Amendment No. 3
3) Measure E Analysis
Federal & State Grants Grant Totals
SACOG (RSTP) $2,300,000
SACOG (HSIP) $508,000
SACOG Regional 1 (CMAQ) $2,000,000
SACOG Regional 2 (RSTP) $2,844,000
SACOG Green Region Swap (CMAQ) $2,514,990
SACOG (HSIP) $512,100
CalRecycle $250,000
Total Federal & State Grants $10,929,090
City Funds (Non-Enterprise) Fund Totals
Fund 107 – One Time General Fund $150,010
Fund 108 – Measure K $366,000
Fund 110 – Measure E - Roads $100,000
Fund 110 – Measure E – Bike& Ped Trails $100,000
Fund 201 – Road Fund $352,000
Fund 205 – Traffic Impact Fee Fund $1,835,000
Fund 108 – Measure K $800,000
Fund 110 – Measure E – Roads $708,000
**Fund 110 Measure E - Roads $250,000
City Funds (Non-Enterprise) $4,661,010
City Funds - Water Fund Totals
Fund 507 – Water Impact Fee Fund $3,500,000
**Fund 506 – Water Operating Fund $100,000
City Funds - Water $3,600,000
TOTAL FUNDS $19,190,100
41 ATTACHMENT 1
RESOLUTION 22-114

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AMENDING THE FY 2022/2023 CAPITAL IMPROVEMENT PROGRAM (CIP) FOR THE

WEST CAPITOL AVENUE SAFETY ENHANCEMENT AND ROAD REHABILITATION PROJECT (CIP 15029 & CIP 21025)
WHEREAS, in 2016, the City of West Sacramento ("City') applied for and received federal and state grant funding for the design and construction of road rehabilitation and safety improvements along nearly three miles of West Capitol Avenue from Jefferson Boulevard to Interstate 80 (I-80) and along Jefferson Boulevard between West Capitol Avenue and Park Boulevard; and
WHEREAS, in November 2017, the City approved the 2015 Water System Master Plan Update which identified water pipelines along segments of West Capitol Avenue as needing replacement; and
WHEREAS, the City Council adopted the biennial Capital Improvement Project (CIP) budget for Fiscal Years 2019/20 and 2020/21 on September 18, 2019; and WHEREAS, the West Capitol Avenue Safety Enhancement & Road Rehabilitation project (CIP 15029) includes, pavement signage and striping, traffic signals, installation of curb, gutter, and sidewalks, curb ramps, and pavement rehabilitation and replacement of water pipelines (CIP 21025); and
WHEREAS, the City executed a Construction Management and Inspection Services Contract to Unico Engineering on December 19, 2019 for the West Capitol Avenue Safety Enhancement & Road Rehabilitation project (CIP 15029 & CIP 21025); and WHEREAS, City staff is recommending execution of Contract Amendment No. 3 with Unico Engineering of $220,000 (CIP 15029 & CIP 21025) for the West Capitol Avenue Safety Enhancement and Road Rehabilitation Project due to project delays and an extension of time as a result of the water utility work, weather impacts, material shortages, and remaining items for federal grant compliance and document requirements; and WHEREAS, City staff is requesting additional funding of $80,000 (CIP 15029) needed for federal grant compliance and project closeout.; and
WHEREAS, City staff is requesting and recommending total additional funding of $350,000 for this project, comprised of $250,000 from Fund 110, Measure E, to cover the additional amount needed for CIP 15029 and $100,000 from the Water Operating Fund, Fund 506, to cover the additional amount needed for CIP 21025.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of West Sacramento, as follows:

1. The City Council hereby approves amendments to the Capital Improvement Program (CIP) for the 2022-2023 fiscal year as listed below. 42 ATTACHMENT 1
SOURCES:
$ 100,000 506-0000-3210 Water Operating Fund Balance
$ 250,000 110-0000-3085 Measure E Fund Balance
$ 100,000 507-9621-4990/507-21025-4990 Transfer in from Water Operating Fund $ 250,000 400-9900-4990/400-15029-4990 Transfer In from Measure E $ 350,000 TOTAL SOURCES
USES:
$ 100,000 507-9621-5530/507-21025-5800 W Cap Wtr Line Repl Proj Bdgt $ 250,000 400-9000-5530/400-15029-5800 W Cap Road Rehab Proj Bdgt $ 100,000 506-9620-5950 Transfer Out to CIP-21025
$ 250,000 110-9211-5950 Transfer Out to CIP-15029
$ 350,000 TOTAL SOURCES

2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

3. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of West Sacramento on this 21st day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
43 ATTACHMENT 2
AMENDMENT NO. 3
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
And
Unico Engineering
Dated September 21st, 2022
This Amendment No.3 to the Contract for Services between the City of West Sacramento (City) and Unico Engineering (Consultant) dated December 19th, 2019 for the West Capitol Avenue Safety Enhancement and Road Rehabilitation, is made and entered into this twenty first day of September 2022. Except as expressly amended herein, the December 19th, 2019 Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City and Consultant executed an Agreement for Professional Services dated December 19th, 2019 for the Construction Management and Inspection Services of the West Capitol Avenue Safety Enhancement and Road Rehabilitation Project; and WHEREAS, the original December 19th, 2019 contract services scope for the construction management and inspection services was determined to be 250 working days; the construction contract working days and budget was increased to 350 days until January 31, 2023 due to; final inspection of the project, compiling the contract documents needed for closeout of the contract with Graniterock Construction, and reporting project documents in compliance with federal grant requirements; and WHEREAS, the City and Consultant desires to amend said contract.

NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:

I. SCOPE OF SERVICES:

The scope of services as set forth in the Contract for Services dated December 19th, 2019 shall be revised to include the additional services identified in the cost proposal No.3 attached hereto as Exhibit “A”.

II. COMPENSATION:

The compensation as set forth in the Contract for Services dated December 11, 2019 and amended in Contract Amendment No. 2 on October 6, 2021 shall be revised to include the additional services identified in the proposal dated September 1, 2022, attached hereto as Exhibit “A”, comprised of an extension in the contract completion date of January 31, 2023 and increase in contract amount of $220,000 comprised of $70,000 (CIP #15029) and $150,000 (CIP #21025) but in no event shall total compensation exceed $1,747,953.63.
44 Unico Engineering. ATTACHMENT 2
Contract Amendment No. 3
September 21, 2022

Page 2 of 2 ends

IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Marth Guerrero, Mayor

UNICO ENGINEERING
By:

Caesar Montes de Oca, President

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk 45 110 Blue Ravine Rd, Suite 101
Folsom, CA 95630
www.unicoengineering.com • 916.900.6623
Client Focused • Quality Driven
September 1, 2022
Ryan Teves | Senior Engineer
City of West Sacramento | Capital Projects Department
1110 West Capitol Avenue
West Sacramento, CA 95691
[email protected]
Subject: West Capitol Avenue Safety Enhancement & Road Rehabilitation – UNICO Amendment 003 Dear Mr. Teves,
Thank you for the opportunity to provide additional inspection services for the above referenced project. The attached proposal outlines the specific work effort required to meet the goals of your project as we understand them.

Our team is dedicated to partnering with our clients to develop trust-based relationships centered on moving their projects forward. Once we have worked with you to ensure that this proposal meets with your needs, we will meet with you to discuss the tasks to be done and your required schedule for completion. Please do not hesitate to contact me with any questions, or if we can help you further.

As the President of UNICO, I am the individual authorized to bind the firm into a contract with the City. For questions or clarifications regarding the contents of this proposal, please contact me at 530.903.9023 or via email at [email protected]. UNICO looks forward to continuing our working relationship with the City. Thank you for the opportunity to present these qualifications.

Sincerely,
UNICO Engineering, Inc.

Cesar Montes de Oca, PE
President
46 2
Client Focused • Quality Driven

PROJECT UNDERSTANDING
Thank you for the opportunity to provide this proposal for additional inspection services for the West Capitol Avenue Safety Enhancement & Road Rehabilitation Project, City Work Order Number 21025. UNICO understands that this project consists of the installation of approximately 1,300 linear feet of 12 inch water main, 4,200 liner feet of 16 inch water main as well as the accompanying gate valves, water meter services, blow off valves, air release valves, fire services, fire hydrants and the abandonment of existing water utilities. The contractor’s original completion date, per their baseline schedule, for the above referenced work was March 9, 2021. The contractor’s previous schedule update showed a revised completion date of November 5, 2021. Due to several designs changes and weather delays, the new completion date is approximately September 30, 2022.

A. WATER IMPROVEMENT CONSTRUCTION INSPECTOR $80,506.08
UNICO will provide additional as needed inspection for 220 working days. The Construction Inspector will provide inspection services for all improvements. This includes all coordination with City of West Sacramento Staff, with the contractor and all items stipulated in the original contract scope.

Deliverables: Daily Inspection Reports
Construction Photographs
B. WATER IMPROVEMENT CONSTRUCTION MANAGEMENT $78,224.17 UNICO will provide additional full time construction management for 220 working days. The Construction Management team will provide all services described in the original scope of work. This includes all coordination with City of West Sacramento Staff, with the contractor and all items stipulated in the original contract scope.

Deliverables: All items described in the original scope of work for this Contract.

C. PROJECT CLOSEOUT $68,152.56
UNICO will provide project closeout services per the original scope of work for this contract.

Deliverables: All items described in the original scope of work for this Contract. 47 3
Client Focused • Quality Driven
D. DBE COMPLIANCE CREDIT ($9,131.82)
UNICO is providing a DBE compliance credit for the hours that UNICO spent responding to the FHWA complaint from Graniterock’s DBE subcontractor MJD.

TIME AND MATERIALS FEES FOR PROFESSIONAL SERVICES
WEST CAPITOL AVENUE SAFETY ENHANCEMENT & ROAD REHABILITATION PROJECT – CITY WORK ORDER NUMBER 21025 A. WATER IMPROVEMENTS CONSTRUCTION INSPECTION ................................................................$80,506.08 B. WATER IMPROVEMENTS CONSTRUCTION MANAGEMENT...........................................................$78,224.17 C. WATER IMPROVEMENTS CONSTRUCTION MANAGEMENT...........................................................$68,152.56 D. DBE COMPLIANCE CREDIT………………………………………………………………………………………………………..($9,131.82) TOTAL ................................................................................................................................... $217,751.00

ASSUMPTIONS AND CLARIFIATIONS

1. Proposal is based upon 220 working days. Working days are defined as non-weekend and non-holiday days.

2. Proposal is based upon 8-hour workdays and 40-hour work week. No overtime is included in this proposal. 48 Justyn Webster, PE
Resident Engineer
Susan Pinal, EIT
Assistant RE
Said Najafi/SusanPinal
Construction Inspector
Dave Howard
Construction Inspector
Claudio Santos
Construction Inspector
$ 70.00 $ 38.62 $ 58.00 $ 58.00 $ 58.00
Task #
1 80 100 $ 9,462.00 $ 12,980.92 $ 2,244.29 $ 24,687.21
2 20 40 $ 3,720.00 $ 5,103.47 $ 882.35 $ 9,705.81
3 80 160 20 $ 12,939.20 $ 17,751.29 $ 3,069.05 $ 33,759.54 $ 68,152.56
Direct Cost Indirect Costs Fee Total
1 169 470 $ 29,981.40 $ 41,131.48 $ 7,111.29 $ 78,224.17 2 60 410 62 $ 30,856.00 $ 42,331.35 $ 7,318.73 $ 80,506.08 3 -50 $ (3,500.00) $ (4,801.65) $ (830.17) $ (9,131.82) Task Subtotal $ 149,598.44
Reason for Project Funding Request:
1) Water utility work required 8 additional months of full-time inspection. Work began in July 2020 and did not finish until September 2021. Scheduled completion date of March 2021. Multiple components missing, inefficient and incorrect construction operation. Caused delay to other items of work. 2) Water utility work delayed project by 10 weeks resulting in a final completion date of November 5th, 2021. Original completion date of August 31, 2021. 3) Pavemend and Signage redesigns resulted in project delays and weather delays. New completion date of Septmeber 30, 2022. 4) FHWA inquiry by the DBE subcontractor MJD resulted in project delays. 5) Additional funding would come from Project WO #21025 for consistency with delayed water utility work. 6) Close out tasks per the orignal proposal. Punchlist, Balancing Change Order, Final Pay Request, Project Binders, As-Built Drawings, and Electronic Files.

Project Budget Funding Request - 220 Additional Working Days 137.19%
Unico
Construction Management & Coordination
Construction Inspection
10%
Hours
Current Project Budget - Project Closeout
Direct Cost Indirect Costs
Totals
Task Subtotal
DBE Compliance Credit
City of West Sacramento
West Capitol Avenue Road Rehabilitation and Safety Enhancement Project Fee Total
Project Closeout
Construction Management & Coordination
Construction Inspection
Direct Labor Rate
Overhead Rate
Fee
Task Description
1 49
ATTACHMENT 3
Measure E Analysis for the West Capitol Avenue Safety Enhancement and Road Rehabilitation Project Project Description
This funding request is for the West Capitol Avenue Safety Enhancement and Road Rehabilitation project to complete project closeout tasks. The construction project has reached the final phase, punch list and closeout. Due to the complexities of federal grant projects and required coordination with Caltrans, additional funding is requested to ensure that proper procedures and consultation is available to comply with the appropriate federal grant and auditing requirements. As a result, City staff has begun reconciling the outstanding project budget, construction management and inspection contract, City staff resources, and federal grant requirements for project closeout. The additional funding requested is based upon the number of hours anticipated for project closeout which include compiling the project’s documentation, reporting daily reports, invoices, and expenditures, as well as providing support during closeout and auditing of the project.

Policy Context
This project is consistent with the voter-approved Measure E ballot language, which includes as allowable uses of measure E funds both “repairing roads” and “building and maintaining bicycle and pedestrian trails”. The proposed work also effectuates the City’s Bicycle Pedestrian Trails Master Plan and the Council’s Mission Statement goal of providing Quality City Infrastructure.

Supplementary Funds
This project includes grant funding from HSIP, CMAQ, RSTP, and ATP with local Traffic Impact, general fund, Measure K, Measure E, Road Fund, SB1, and Water Impact funds. The proposed funding sources leverage a significant amount of outside funds. The ratio of grant funding to local funding is over 1.3:1.

The ratio of local Measure E funding to other local funding sources is over 8.6:1.

PROJECT FUNDING SOURCES
Grant Funding
Highway Safety Improvement Program (HSIP) $1,020,100
Congestion Mitigation Air Quality (CMAQ) $4,514,990
Regional Surface Transportation Program (RSTP) $5,144,000 California Natural Resources (CalRecycle) $250,000
TOTAL $10,929,090
Local Funding
One Time General Fund $150,010
Measure K $1,166,000
Measure E – Roads, Bike & Pedestrian Trails $908,000
Road Fund $352,000
Traffic Impact $1,835,000
Water Impact $3,500,000
*Additional Measure E Request (Fund 110) $250,000
*Additional Water Impact Fee Fund $100,000
TOTAL $8,261,010
TOTAL PROJECT COST $19,190,100
*FUNDING REQUEST:
50 ATTACHMENT 3
The total project costs exceed the available funds by approximately $250,000. Given that availability of unencumbered fund balance in Fund 110 is approximately $1.8 million, staff is recommending an additional budget appropriation in that amount from Measure E since road rehabilitation is identified as an eligible fund expenditure.

Staff Costs
Billable staff costs including design, construction management, and Inspection costs associated with project implementation will bill directly to the project and be absorbed by the various funds listed above. Total staff costs for this project was projected to be approximately $900,958 or 4.9% percent of total project costs. Now that the project has reached the final phase, staff costs increased to $1,186,618 or 5.5% of total project costs. This project has experienced higher than average staff costs due to the complexity and magnitude of the project scope and federal grant requirements.

Desired Outcome
The outcome from this proposed Measure E expenditure is to provide road rehabilitation of the West Capitol Avenue corridor between Jefferson Boulevard and Enterprise Boulevard as well as providing a Class IV bicycle facility for transportation from City Hall to the Yolo Causeway Bike Trail. The desired outcome is improved mobility for all West Sacramento residents via several modes of transportation, vehicles, bicycles, and pedestrians. This project also intends to provide an improved level of positive and progressive sentiment related to West Sacramento’s alternative transportation system, reduce greenhouse gas emissions to meet requirements set by the California Air Resources Board, and provide safe and connected facilities for pedestrians and bicyclists to travel.

Theory of Change
This project is based on the premise that more options and availability of alternative transportation connectivity will encourage pedestrians and bicyclists to utilize the networks and infrastructure available, resulting in improved mobility, positive attitudes about the City’s alternative transportation system, and reductions in greenhouse emissions. Key challenges to this assumption include: (1) assuring that as many residents as possible are aware of the new improvements and how to utilize them; and (2) making residents feel safe on surface streets such that they will use them once they are available. To help raise community awareness of the new facilities, staff has planned substantial outreach effort including public workshops, mailers, city website, and the use of social media. Finally, enhancing existing roadways and trails to accommodate riders and users will enable users to feel safe and comfortable while using facilities.

Project Budget
Total cost for the West Capitol Safety Enhancement and Road Rehabilitation Project is $19,190,100 which includes the additional funding request of $250,000 from Measure E for a contract amendment with Unico Engineering and staff time needed complete project closeout. In addition, the funding request would cover a second phase of the project being created to closeout outstanding contracts and ongoing maintenance items for the project.
51 ATTACHMENT 3

PROJECT EXPENSES
Design Costs (Consultant) $1,129,513.00
Construction (Graniterock Construction) $13,326,293.00
Construction Contingency (10%) $1,476,680.00
Material Testing $133,031.00
Construction Management/Inspection/Labor Compliance $1,757,661.00 Staff Oversight/Project Management
Miscellaneous Construction Costs
$1,186,618.00
$180,304.00
TOTAL $19,190,100.00
Performance Metrics
The effectiveness of the above-referenced work can be measured via the increased number of users along West Capitol Avenue after completion of the project. While the specific contribution of this project to the City’s greenhouse gas emissions is not directly measurable, the City can make inferences based on the number of pedestrian and bicycle users of the corridor. 52 CITY COUNCIL AGENDA REPORT
MEETING DATE: September 21, 2022 ITEM # 4
SUBJECT:

CONSIDERATION AND AWARD OF CONTRACT TO DOMINGUEZ LANDSCAPE SERVICES, INC. TO PERFORM LANDSCAPE MAINTENANCE SERVICES WITHIN THE

COMMUNITY FACILITY DISTRICTS (CFD) IN THE CITY OF WEST SACRAMENTO INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
David Culbertson, Project Manager
Parks and Recreation Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
Staff is seeking City Council approval of a contract with Dominguez Landscape Services, Inc. to perform landscape maintenance services within all Community Facilities Districts (CFD) in the City of West Sacramento.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the landscape maintenance services identified in the Contract for Services with Dominguez Landscape Services, Inc. are exempt from CEQA pursuant to the Categorical Exemption under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Section 15301 and find that the determination represents the independent judgment of the City; 2) Authorize the City Manager, or his designee, to execute a contract with Dominguez Landscape Services, Inc. for landscape maintenance services in an amount not to exceed $2,908,204.88; 3) Authorize the City Manager to execute non-substantive changes or modifications to the Contract for Services, with approval from the City Attorney; and
4) Authorize the City Manager, or his designee, the authority to issue contract change orders in an amount not to exceed $75,273.

BACKGROUND
As a condition of the approval of subdivision tentative maps, the City has generally required the formation of Community Facilities Districts (CFDs) to fund maintenance services of certain authorized improvements in the public right-of-way. Each year, the City Council authorizes the placement of a “special tax” levy on property owner tax bills for those owning property within a CFD, and those special tax revenues are collected by the City to fund authorized maintenance services. Much of this maintenance work is contracted out to private firms who provide the work under direction of the Parks and Recreation Department.

Landscape maintenance of the CFDs is performed by landscape maintenance contractors and City Parks staff.

Parks staff maintains the irrigation systems while the CFD landscape maintenance contractors maintain walkways, planter areas, turf, trash pickup, and graffiti removal. The CFDs landscape maintenance contract with Dominguez Landscape Services expires at the end of September 2022. This contract has been in place for the past three-years. As such, a new solicitation for contracting landscape maintenance services in the CFDs was required.

ANALYSIS
On July 21, 2022, City staff issued a Request for Proposals (RFP) for Landscape Maintenance Services for the CFDs. On August 18, 2022, two proposals were received in response to the RFP. Staff evaluated the proposals to determine if the contractors were qualified to provide landscape maintenance services. Based on the proposals received, staff determined that both contractors were qualified to perform the work. The cost proposals from the contractors were then opened to review cost for services, which are summarized below:

Contractor Cost Proposal
Dominguez Landscape Services, Inc. $752,735.08
Brightview Landscape Services, Inc. $730,553.84
53 Consideration of Contract Award for CFD Landscape Maintenance Services September 21, 2022

Page 2 ends

Interviews were scheduled with each contractor to better understand their staffing capacities, equipment and team members dedicated to the City work. City staff determined that Dominguez Landscape Services, Inc. was the most qualified and economically priced contractor to provide landscape maintenance services. This was based on responsiveness to the RFP, experience with public sector landscape maintenance, a track record of having professional, technical, financial resources to complete the work and the overall fee schedule relative to labor hours. Although the total base price is higher than the competitor’s price, it includes significantly more labor hours (~2,800 additional hours), which will greatly benefit the City in meeting its landscape maintenance needs.

In addition to the base price included in proposals, staff is anticipating additional annual maintenance projects such as turf replacement, irrigation efficiency upgrades, lifecycle replacement of plant material, mulch purchase and placements to help the City meet SB 1383 requirements. Approximately $200,000 per year will be budgeted across all CFDs for this work. Also, $50,000 in funding for the one-time Southport Industrial Parkway Planting Project was approved by City Council during the July 20, 2022, approval of the Mid-Term Budget (DP-00389).

Since this work takes place in CFD H, the Contractor has been tasked with completing this additional work.

Commission Recommendation
Commission input is not required for routine operations and maintenance services.

Strategic Plan Integration
Council approval of the Community Facilities District Landscape Maintenance Contract for Services is consistent with the Council’s goal for a Financially Sound City Providing Quality Services.

Alternatives
The City Council’s primary alternatives include:
1) Direct staff to alter the scope of work included in the Contract for Services; or 2) Reject the Contract for Services and rebid the CFD landscape maintenance.

Alternatives 1 and 2 are not recommended as delaying or modifying the Contract will impact maintenance activities and may result in higher clean-up costs due to delayed maintenance.

Coordination and Review
This report was prepared in coordination with the City Manager’s Office, and the Finance and Technology departments.

Budget/Cost Impact
Funding for the first year of the Contract for Services was approved as part of the City’s adopted biennial budget for Fiscal Year 2022-23. Funding for years two and three of the Contract for Services will be considered as part of the City’s next biennial budget for Fiscal Years 2023-24 and 2024-25. All funding is provided by the special tax assessments collected in each of the CFDs that fall under this contract. Additionally, funding for the one-time Southport Industrial Parkway Planting Project was approved by City Council during the July 20, 2022 approval of the Mid-Term Budget (DP-00389). The following summarizes the proposed annual costs for each CFD:

Annual Landscape Maintenance Costs by CFD
Cost Center Location Annual Cost
2699196-5241 CFD A Gateway $26,331.60
2699177-5241 CFD B Newport $86,520.00
2699178-5241 CFD C Bridgeway Island $133,860.00
2699179-5241 CFD D Southport Industrial Park $108,240.00 54 Consideration of Contract Award for CFD Landscape Maintenance Services September 21, 2022

Page 3 ends

Annual Landscape Maintenance Costs by CFD
Cost Center Location Annual Cost
2699180-5241 CFD E Classics $30,087.96
2699181-5241 CFD F Pheasant Hollow $11,112.00
2699182-5241 CFD G Gateway $5,400.00
2699183-5241 CFD H Bridgeway Lakes $109,656.00
2699184-5241 CFD I River Ranch $9,852.00
2699185-5241 CFD J Parella $21,852.00
2699186-5241 CFD M The Rivers $4,080.00
2699187-5241 CFD N Parlin Ranch $32,724.00
2699192-5241 CFD O Linden South $7,716.00
2699193-5241 CFD P Iron Works $34,999.44
2699194-5241 CFD R Bridge District $30,303.96
Shared Irrigation Technician $100,000.00
Annual Maintenance Subtotal $752,734.96
Additional On-Call Work as Needed (Annual Estimate) $200,000.00 Total Annual Cost $952,734.96
One-Time Service
Cost Center Description Cost
107-9315-5261 Southport Industrial Parkway Planting Project (Not To Exceed) $50,000.00 Total Contract Amount (3-Years) $2,908,204.88

ATTACHMENTS

1. Community Facility District Map

2. Notice of Exemption

3. Contract for Services
55 Attachment 1
56 CONTRACT FOR SERVICES
THIS CONTRACT is made on September 21, 2022, by and between the CITY OF WEST SACRAMENTO (“City”), Dominguez Landscape Services Inc and (“Consultant”).

WITNESSETH:

WHEREAS, the City desires Dominguez Landscape Services Inc., to provide landscape maintenance services within the Community Facility Districts (CFD) throughout the City ; WHEREAS, the Consultant has presented a proposal for such services to the City, dated August 18, 2022, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3. 57 2
C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for a period of two-years in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.

3. COMPENSATION:

A. The Consultant shall be paid at the completion of services for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed Two Million Nine Hundred and Eight Thousand, Two Hundred and Four Dollars and Eighty Eight Cents ($2,908,204.88), without City’s prior written approval.

Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".

B. Said amount shall be paid upon submittal of a showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings. If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.

C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.

4. TERMINATION:

A. This Contract may be terminated by either party, provided that the other party is given not less than 30 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:
58 3
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

6. EXTENSIONS OF TIME:

7. PROPERTY OF CITY:

B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City

8. COMPLIANCE WITH ALL LAWS:

A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.

Consultant shall assist City in providing the same.

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.
59 4
B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.

10. SUBCONTRACTING:

11. ASSIGNABILITY:

Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.

However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

12. INTEREST IN CONTRACT:

13. MATERIALS CONFIDENTIAL:

All of the materials prepared or assembled by Consultant pursuant to performance of this 60 5
Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

15. INDEMNITY AND LITIGATION COSTS:

Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.

16. CONSULTANT TO PROVIDE INSURANCE:

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

1. Worker’s Compensation and Employer’s Liability Insurance a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations. 61 6
The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section

16.B.2.b).
62 7

E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.

17. MISCELLANEOUS PROVISIONS:

A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.

D. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing. 63 8
E. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of West Sacramento
Parks Department
Attn: David Culbertson
1110 West Capitol Avenue
West Sacramento, CA 95691
[email protected]

Consultant: Dominguez Landscape Services Inc
Attn: Alisa Sanford
8376 Rovana Circle
Sacramento, CA 95828

F. This Contract shall be interpreted and governed by the laws of the State of California.

G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.

H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
64 9

CITY OF WEST SACRAMENTO
By: __________________________
Aaron Laurel, City Manager
ATTEST:

By: _______________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

By: _______________________
Jeffrey Mitchell, City Attorney
Dominguez Landscape Services Inc
By: _________________________
Alisa Sanford, CFO & General Manager
65 10

EXHIBIT A
Consultant Proposal/Scope of Work/Maps
Maintain turf grass, ornamental grass, shrubs, vines, parking lots, walkways, weed control in planter beds, turf, and open space, trash pickup, and graffiti removal in the City’s Community Facility Districts (see attached maps). Contractor must report pesticide use to the County of Yolo and send a copy of the report to the Parks and Recreation Department.

Landscape Maintenance Standards
The Contractor shall take a pro-active approach in identifying and correcting problems within the Contractors’ area of responsibility and control. Problems identified and/or suggestions for improvements, both short- and long-term, must be submitted promptly to the City for appropriate action. Contractor shall furnish all labor, materials, tools, equipment, services, disposal fees and transportation required to accomplish services identified in the Landscape Maintenance Contract.

The Contractor for this agreement shall provide the City with a landscape maintenance program at the frequencies necessary to achieve the standards outlined in this document. A maintenance program will be submitted and agreed upon within 30 calendar days following award of this contract. The maintenance program is not limited to specifying daily, weekly, and monthly landscape maintenance task schedules covering all areas of responsibility specified in this agreement.

Technical Specifications
 Hours of Operation. Contractor shall perform work between the hours of 7 AM to 5 PM, Monday through Friday. Work performed on weekends and City observed holidays shall occur between the hours of 8 AM and 4 PM.
 Safety. Contractors shall have a safety program in place including the use of safety vests, cones, appropriate PPE, cones and signs.
 Traffic Control Plan Requirements. The Contractor is responsible for submitting a traffic control plan for City approval prior to closing traffic lanes. The Contractor is responsible for the cost associated with setting up and managing traffic control measures.  Industry Standards. Contractors to follow applicable International Society of Arboriculture (ISA), Department of Pesticide Regulations (DPR), California Manual on Uniform Traffic Control Devices (MUTCD), and National Pollutant Discharge Elimination System (NPDES) environmental, horticultural, and safety standards.

1. General Site Maintenance
 All paved/unpaved surfaces shall be free of weeds, debris and litter, so at no time it detracts from the look or safety of the area.
 Paved surfaces may include sports courts, pathways, parking lots, adjacent curb and gutters, and other areas topped with asphalt or concrete. Unpaved surfaces may include sports facilities, pathways, parking areas or other areas covered with porous materials.  Contractor shall be responsible for cutting back vegetation as necessary to keep pathways, stairways, easements, and access roads clear and passable.  Contractor shall remove litter and shall sweep or blow and clean off any dirt, debris, weeds or soils from all sites, paved areas, including play and picnic areas. 66 11
 Sites with trash cans/doggie stations must be emptied weekly or more frequently if full.  Sidewalks, public walls, trash cans, electrical boxes and fences adjacent to landscape areas must remain free of graffiti. Painting over graffiti is not acceptable.  Contractor shall report to the City any signs of homeless encampments on any sites in this contract. The Contractor at the request of the City shall remove incidental litter/debris.

2. Turf
 All turf areas will support their designed uses –i.e., informal play, sports, picnics, and other park activities.
 Turf will be healthy with an even surface and uniform, deep green color.  Turf will not exhibit bare spots.
 Turf will be pest-free.
 Height of cut for high-traffic grasses 2 – 3” depending on the season.  Complete site edging of trees, curbs, sidewalks, beds, buildings, sprinklers, valve boxes, meter boxes, etc., shall be performed to insure the site looks groomed and complete.  Line trimmers are not to be used in tree wells.
 Chemical edging of turf is not permitted.
 Aeration shall be as specified by contract.
 Reseeding or sod replacement shall be done on an as-needed basis to meet standards.

Contractor to provide a proposal for the work unless caused by contractor negligence.  Fertilize turf twice annually, in March and October. Apply at a rate of 1 lb. N per 1,000 sq. ft. Fertilizer blend to be approved by the City prior to application and to have a site appropriate mix of NPK.
 All clippings shall be mulched using mulching blades, or shall be removed when unsightly and/or requested by the City’s Representative
 Contractor shall keep all turf areas free of noxious weeds, broadleaf, grub, larvae, and other damaging pests. Damage caused by grubs and larvae shall be re-seeded with an approved turf seed.
 Safety Hazards must be addressed immediately. Fill holes in turf areas immediately, regardless of cause with sufficient soil to prevent tripping hazards. Contractor shall supply soil.

3. Beds, Hedges, and Ground Cover
 All shrubs shall be pruned as needed to meet the intent of the landscape design. Shrubs shall be healthy, attractive plants that lend variety and interest to the landscape. Beds, ground covers, and hedges shall be maintained to provide secondary functions such as barriers, animal habitat, or dust and erosion control.
 Ground cover shall be edged as needed to keep plant growth from extending beyond curbs, sidewalks, buildings, and turf areas. Ground cover in medians shall not be allowed to extend into the curb or sidewalk.
 Periodic hard pruning of certain herbaceous shrubs and grasses may be required and approved by the City Representative, but will not exceed one time per “year”.  All failed or damaged plant materials shall be removed. The Contractor is responsible for replacing, any damage to the landscape (including turf) caused by the Contractor.

Replacement plants shall be the same size and species as the damaged or failed plant, if possible. The City shall approve substitute requests for replacement plant material. 67 12
 Leaf drop and/or clippings that are free of disease are encouraged to become part of the mulch layer in the trees, shrubs or groundcover areas, if it can be done so in an attractive manner and away from high traffic areas. Mulching of leaves is encouraged. Contractor shall remove leaf litter from storm drain areas and prevent such debris from entering drain inlets.
 All clippings, trimmings and cuttings generated by the Contractor that cannot be used as mulch on site shall be promptly removed from the work site at the end of the same day the work is performed.
 Annual fertilization is to be included for all planter beds in the spring of each year.

Contractor is to notify the City prior to fertilizing.
 All plant beds shall be maintained free of trash and debris.  Plant beds shall be free of weeds. Beds shall be weeded as needed to meet standard.

Curb and gutter are considered part of planter beds.
 All plant beds shall be maintained free of invasive shrub and tree species.

4. Flower Beds (Intentionally left blank)

5. Trees
Please note: the intent of this section is not for a full-time tree maintenance program. The Contractor is expected to maintain tree stakes, clean up sucker growth at base of trees, lift trees for pedestrian clearance and remove any obvious minor issues (i.e. a low hanging broken branch or the removal of a stub where a small branch broke off).  Contractor shall maintain and replace as needed, existing stakes and ties on all trees until such time as they are no longer needed for support. Stakes and ties shall be inspected monthly and/or more often as required by weather conditions. This inspection is to prevent girdling of trunks and branches and to prevent rubbing that causes bark wounds.

Contractor shall be responsible for installation and maintenance of stakes and ties.

Contractor shall be responsible for replacement of existing stakes with another type of staking system such as “Guying” or “Reddy Stakes” as determined by the City. All removed stakes, which are in good enough condition for re-use, shall be turned over to the City.
 Trees stakes and ties are to be supplied by the City and made available for pick up at the Corporation Yard.
 Under no circumstances will stripping of lower branches (“raising up”) of young trees be permitted. Lower branches shall be retained in a “tipped back” or pinched condition with as much foliage as possible to promote caliper trunk growth and tapered trunk. Lower temporary branches may be removed only after the tree canopy is able to shade the trunk during the late afternoon.
 Pruning of trees and shrubs shall be done as needed to achieve the following:
o Maintain a sound structure and an aesthetically pleasant form, particularly to correct deformation caused by wind, vandalism or mechanical damage. o Raise the lower branches of trees to eight feet to meet ADA requirements wherever they overhang walkways/trails.
o Raise the lower branches of trees to twelve feet for street clearance. o Cut back branches that rub on sidewalks, fences, and buildings. o Remove suckers, waterspouts, and other undesirable growth on trees. 68 13
o Contractor shall be responsible for removal and disposal of any dead trees (including stumps) up to 4 inches dbh (13 inches circumference).

6. Open Spaces and Non-irrigated Areas
 Areas intended for nature study or open space enjoyment shall be retained in their natural state and managed for fire protection, noxious weeds, and erosion control as appropriate for the intended use, and natural surroundings. Fire control must be achieved by June 30th. Dead vegetation must be mowed to ground surface.
 Weeds in non-irrigated areas need to be maintained to a height no greater than 12”.  Vegetation must be pruned back 18” from edge of City maintained trails, fence lines, vditches, and creek banks.  Banks shall be stable and appropriate plants and trees shall enhance the setting.  Open space areas shall meet California Department of Forestry and Fire Prevention standards for fire control and public safety.
 Mow entryways as needed for fire hazard prevention, safety, and plant health.

7. Irrigation Monitoring and Maintenance
 Contractor will monitor each site to ensure vegetation is being properly watered and water is being used wisely on site. Contractor shall monitor irrigation to make sure that it is establishing moisture to the full depth of the root zone, while avoid erosion, excessive runoff, or puddles. Contractor shall aerate waterlogged soil conditions.  Contractor shall activate the irrigation system and check for leaks, broken or clogged heads, excessive run-off, water logging, misdirected spraying, etc.  Irrigation shall be visually assessed weekly; breaks/issues to be reported/repaired within a week of notification.
 Irrigation adjustments (clogged nozzles, adjusting spray heads etc.) are to be made upon discovery of the issue.
 Irrigation times shall be scheduled according to plant needs; soil type, grade, weather and around seasonal activities.
 Contractor to replace batteries in battery operated controllers each spring.  Contractor to clean out controller pedestals to ensure pests and weeds to not establish inside.
 In the event of State or regionally-mandated water conservation measures, Contractor shall work with City to ensure adherence to water conservations mandates.  Irrigation issues shall be reported immediately to City Irrigation Chief, Keith Moehring, at [email protected].
 If irrigation is controlled as part of the City Central System, Contractor is to notify Keith Moehring at [email protected] if irrigation adjustments need to occur.  All replacement heads shall be of the same manufacturer, type, and application rates unless agreed upon ahead of time by City.
 Upon request of the City, Contractor shall demonstrate the operation and coverage of any sprinkler irrigation system and make any required repairs or adjustments immediately.

8. Repair of Irrigation Systems
 Contractor shall devote one employee 40 hours per week to water management. Said employee is to be proficient in irrigation repairs, system adjustments and basic irrigation 69 14
troubleshooting. Employee must have a smart phone and be able to communicate verbally and in writing in English.
 Daily tasks require an adequate vehicle and equipment to perform irrigation repairs throughout the bounds of the contract.
 Employee to report daily to the City Irrigation Chief, Keith Moehring, who will determine employee priorities for the day and week.
 City to supply irrigation parts for field repairs.
 Contractor may be directed to make routine repairs and must have an existing inventory, or access to an immediate supply, of the materials appropriate for routine performance of removing and replacing components of the existing landscape irrigation systems (pipeline, heads, valves, etc.).
 Contractor shall be responsible for immediate repair of systems damaged by Contractor at the Contractor's expense with new replacement parts of same manufacturer model as existing components.

9. Disease and Pest Control
 Turf and landscaping shall be disease and pest free. Any signs of pest stress or damage to turf or planting materials and/or a direct bother to the public or its safety, shall be corrected by utilizing one of the three (3) steps indicated:
o Preventative - Scheduled chemical or cultural program designed to prevent significant damage.
o Corrective - Application of chemical or mechanical controls designed to eliminate observed problems.
o Integrated Pest Management - Withholding any controls until such time as pests demonstrate damage to plant materials, or become a demonstrated irritant or safety concern to the public, such as in the case of wasps, ants, gophers, etc.  Contractor to submit a list of pesticides desired, with SDS sheets, to the City prior to spraying on site.
 Contractor to report monthly pesticide use by the 10th of each month.

10. Landscape Upkeep
 Atypical landscape maintenance will be included as part of this contract to maintain the functionality and aesthetics of the landscape and to adapt the landscape to current environmental challenges. Maintenance items may include, but are not limited to, irrigation upgrades, irrigation retrofits, installation or upkeep of decomposed granite paths, turf reduction, turf renovation, mulching of planter beds, planter bed infill or updating, soils testing, supplemental watering, and additional weed control.

11. Southport Industrial Parkway Planting Project
Stand-alone planting effort including planting trees and shrubs along a designated segment of Southport Parkway to achieve screening, provide an opportunity for carbon sequestration and a reduction of surface heat generated by impervious surfaces (Attachment 2)  Plant 62 evergreen trees and 288 shrubs as per planting plan.  Extend drip irrigation to each new tree.
 Confirm shrub irrigation coverage via existing sprinkler system. 70 15
 Planting to follow the City of West Sacramento’s landscape planting specifications and Landscape Guidelines.
 Mulch tree rings and shrub bed with SB 1383 approved Recycled Natural Mulch to reach 3” of mulch.
 Plant material subject to change with City approval based on availability of plant species. 71 16
Attachment 1
Community Facilities Districts (CFD) Landscape Maintenance Maps Note: Landscapes from the fence line to the street are generally included as part of the streetscape maintenance. Map may show one solid line for the street, but may include landscape planters on both sides as well as medians.
72 17
Map 1: Gateway CFD A Landscape Maintenance Map
73 18
Map 2: Newport CFD B Landscape Maintenance Map
Includes Parking Lot area of Heritage Oaks Park; keep open space on Washington Blvd West of Stonegate below 12” (mechanical mowing)
74 19
Map 3: Bridgeway Island CFD C Landscape Maintenance Map 75 20
Map 4: Southport Industrial Park CFD D Landscape Maintenance Map High weed mow between Promenade and Ramco behind hedge.

Landscape in median and both side of roadway.
76 21
Map 5: Classics CFD E Landscape Maintenance Map
77 22
Map 6: Pheasant Hollow CFD F Landscape Maintenance Map
78 23
Map 7: Gateway CFD G Landscape Maintenance Map
79 24
Map 8: Bridgeway Lakes CFD H Landscape Maintenance Map
Includes keeping the trails weed free behind homes (show in blue) 80 25
Map 9: River Ranch CFD I Landscape Maintenance Map
81 26
Map 10: Parella CFD J Landscape Maintenance Map
82 27
Map 11: Rivers CFD M Landscape Maintenance Map
83 28
Map 12: Parlin Ranch CFD N Landscape Maintenance Map
84 29
Map 13: Linden South CFD O Landscape Maintenance Map
85 30
Map 14: Ironworks CFD P Landscape Maintenance Map
Maintenance includes Jerome D. Barry Park, and tree wells on Ironworks Ave. 86 31
Map 15: Bridge District CFD R Landscape Maintenance Map Maintenance includes Garden Park as well as the Bridge St. Parking Lot 87 32
Attachment 2
Southport Parkway Planting Project
88 EXHIBIT B
Schedule of Performance
Contract Start Date October 1, 2022
Contract End Date September 30, 2025
89 2

EXHIBIT C
Schedule of Fees
Line
Item Description Monthly Cost Annual Total
Gateway CFD A $2,194.30 $26,331.60
1 Turf Maintenance $1,222.50 $14,670.00
2 Planter Bed Maintenance $814.80 $9,777.60
3 Litter, Debris, and Graffiti Removal $89.00 $1,068.00 4 Hardscape Maintenance $68.00 $816.00
Newport CFD B $7,210.00 $86,520.00
5 Turf Maintenance $1,890.00 $22,680.00
6 Planter Bed Maintenance $2,980.00 $35,760.00
7 Litter, Debris, and Graffiti Removal $420.00 $5,040.00 8 Hardscape Maintenance $560.00 $6,720.00
9 Heritage Oaks Park Parking Lot and Surrounding
Planter Bed Maintenance $1,360.00 $16,320.00
Bridgeway Island CFD C $11,155.00 $133,860.00
10 Turf Maintenance $3,980.00 $47,760.00
11 Planter Bed Maintenance $5,980.00 $71,760.00
12 Litter, Debris, and Graffiti Removal $365.00 $4,380.00 13 Hardscape Maintenance $830.00 $9,960.00
Southport Industrial Park CFD D $9,020.00 $108,240.00
14 Turf Maintenance $1,360.00 $16,320.00
15 Planter Bed Maintenance $5,890.00 $70,680.00
16 Litter, Debris, and Graffiti Removal $880.00 $10,560.00 17 Hardscape Maintenance $890.00 $10,680.00
Classics CFD E $1,066.00 $12,792.00
18 Turf Maintenance $480.00 $5,760.00
19 Planter Bed Maintenance $320.00 $3,840.00
20 Litter, Debris, and Graffiti Removal $133.00 $1,596.00 21 Hardscape Maintenance $133.00 $1,596.00
Classics Park CFD E $1,441.33 $17,295.96
22 Turf Maintenance $589.00 $7,068.00
23 Planter Bed Maintenance $320.00 $3,840.00
24 Litter, Debris, and Graffiti Removal $109.00 $1,308.00 25 Hardscape Maintenance $198.00 $2,376.00
26 Weekly Cleaning of BBQ's, Tables, and Benches $225.33 $2,703.96 90 3
Line
Item Description Monthly Cost Annual Total
Pheasant Hollow CFD F $926.00 $11,112.00
27 Planter Bed Maintenance $660.00 $7,920.00
28 Litter, Debris, and Graffiti Removal $133.00 $1,596.00 29 Hardscape Maintenance $133.00 $1,596.00
Gateway CFD G $450.00 $5,400.00
30 Planter Bed Maintenance $340.00 $4,080.00
31 Litter, Debris, and Graffiti Removal $80.00 $960.00
32 Hardscape Maintenance $30.00 $360.00
Bridgeway Lakes CFD H $9,138.00 $109,656.00
33 Turf Maintenance $4,120.00 $49,440.00
34 Planter Bed Maintenance $3,640.00 $43,680.00
35 Litter, Debris, and Graffiti Removal $220.00 $2,640.00 36 Hardscape Maintenance $380.00 $4,560.00
37 Maintain/Repair Wood Fence. Keep Weed Free
Three Feet on Each Side. Fence Located on Rock
Creek Road and Marshall Road
$480.00 $5,760.00
38 Maintain Demonstration Garden $298.00 $3,576.00
River Ranch CFD I $821.00 $9,852.00
39 Turf Maintenance $291.00 $3,492.00
40 Planter Bed Maintenance $248.00 $2,976.00
41 Litter, Debris, and Graffiti Removal $149.00 $1,788.00 42 Hardscape Maintenance $133.00 $1,596.00
Parella CFD J $1,821.00 $21,852.00
43 Turf Maintenance $548.00 $6,576.00
44 Planter Bed Maintenance $697.00 $8,364.00
45 Litter, Debris, and Graffiti Removal $233.00 $2,796.00 46 Hardscape Maintenance $343.00 $4,116.00
The Rivers CFD M $340.00 $4,080.00
47 Planter Bed Maintenance $180.00 $2,160.00
48 Litter, Debris, and Graffiti Removal $130.00 $1,560.00 49 Hardscape Maintenance $30.00 $360.00
Parlin Ranch CFD N $2,727.00 $32,724.00
50 Turf Maintenance $577.00 $6,924.00
51 Planter Bed Maintenance $1,684.00 $20,208.00
52 Litter, Debris, and Graffiti Removal $233.00 $2,796.00 53 Hardscape Maintenance $233.00 $2,796.00
91 4
Line
Item Description Monthly Cost
Annual
Total
Linden South CFD O $643.00 $7,716.00
54 Keep Vegetation From Encroaching Home Owner's
Property, curb lines and walkways $580.00 $6,960.00
55 Litter, Debris, and Graffiti Removal $63.00 $756.00
Iron Works CFD P $962.00 $11,544.00
56 Planter Bed Maintenance $589.00 $7,068.00
57 Litter, Debris, and Graffiti Removal $230.00 $2,760.00 58 Hardscape Maintenance $143.00 $1,716.00
Jerome D Barry Park CFD P $1,954.62 $23,455.44
59 Turf Maintenance $866.00 $10,392.00
60 Planter Bed Maintenance $433.00 $5,196.00
61 Litter, Debris, and Graffiti Removal $180.00 $2,160.00 62 Hardscape Maintenance $133.00 $1,596.00
63 Clean Benches, Tables, Drinking Fountains, Trash
Cans, and BBQ's Weekly $294.62 $3,535.44
64 Maintain Dogipot stations. Empty Waste
Receptacles and Stock Bags $48.00 $576.00
Bridge District CFD R $1,279.00 $15,348.00
65 Planter Bed Maintenance $870.00 $10,440.00
66 Litter, Debris, and Graffiti Removal $189.00 $2,268.00 67 Hardscape Maintenance $220.00 $2,640.00
Garden Park CFD R $1,246.34 $14,955.96
68 Turf Maintenance $498.00 $5,976.00
69 Planter Bed Maintenance $289.00 $3,468.00
70 Litter, Debris, and Graffiti Removal $189.00 $2,268.00 71 Hardscape Maintenance $233.00 $2,796.00
72 Keep Dog Waste Bags Stocked with
Petpickups.com Supplies $33.00 $396.00
73 Clean Tables, Benches, BBQ, Drinking Fountain,
Art Sculpture, Trash Cans, and Bike Racks $4.33 $51.96
Monthly Maintenance Subtotal $54,394.59
Annual Maintenance Subtotal $652,734.96
One-Time Service
Southport Industrial Parkway Planting Project (Not To Exceed) $50,000.00 92 5
Maintenance Cost Summary
Annual Maintenance Subtotal $652,734.96
Irrigation Technician (2,000 hours per year) $100,000.00 Additional On-Call Work as Needed (Annual Estimate) $200,000.00 Total Annual Cost $952,734.96
Southport Industrial Parkway Planting Project (Not To Exceed) $50,000.00 Total Contract Amount (3-Years) $2,908,204.88
Unit Pricing for Additional Maintenance Unit Unit Cost
74 Crew leader (including truck/basic equipment) 1 Hourly $50.00 75 Laborer (including basic equipment) 1 Hourly $45.00
76 Irrigation Technician 1 Hourly $50.00
77 Procurement and Installation of a 1- Gallon Plant 1 Each $18.00 78 Procurement and Installation of a 5 - Gallon Plant 1 Each $38.00 79 Procurement and Installation of a 15- Gallon Tree
(stakes provided) 1 Each $195.00
80 Procurement and Installation of a 24" Box Tree
(stakes provided) 1 Each $365.00
81 Procure and Spread Recycled Mulch (Recycled
Natural Mulch from Florin Perkins Landscape
Materials or approved equivalent)
1 Cubic Yard $85.00
82 Procure and spread Compost 1 Cubic Yard $105.00
83 Labor and equipment to spread mulch (material
supplied by the City) 1 Cubic Yard $50.00
93 EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Dominguez Landscape Services Inc
By: _________________________
Alisa Sanford, CFO & General Manager
94 2

EXHIBIT E

LABOR COMPLIANCE

C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City. 95 3

5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code. Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5. 96 Notice of Exemption Appendix E
Revised 2011
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: __________________
___________________________
___________________________
From: (Public Agency): ____________________________
_______________________________________________
_______________________________________________
(Address)
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County: _____________________ Description of Nature, Purpose and Beneficiaries of Project:

Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: ____________________________________ Statutory Exemptions. State code number: ______________________________________________ Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?  Yes No Signature: ____________________________ Date: ______________ Title: _______________________ Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

97 CITY OF WEST SACRAMENTO AGENDA REPORT
MEETING DATE: September 21, 2022 ITEM # 5
SUBJECT:

CONSIDERATION OF SECOND AMENDED AND RESTATED CONCESSIONAIRE

AGREEMENT WITH KLETTERWALD HERITAGE OAKS PARK, LLC FOR USE OF THE

HERITAGE OAKS PARK PROPERTY
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Traci Michel, Director
Parks and Recreation Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to consider approval of an Amended and Restated Concessionaire Agreement with Kletterwald Heritage Oaks Park, LLC for continued operation of a treetop adventure course at Heritage Oaks Park.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve and authorize the City Manager or his designee to execute the Second Amended and Restated Concessionaire Agreement with Kletterwald Heritage Oaks Park, LLC for use of a portion of the Heritage Oaks Park property, in substantially the form attached to this report, with such changes, insertions, revisions, corrections, or amendments as shall be approved by the City Attorney.

BACKGROUND
The Heritage Oaks Park site consists of 9.1 acres located at 1300 Lake Washington Boulevard. The City accepted the site as park land on June 15, 2016. On April 17, 2019, the City Council approved the Amended and Restated Concessionaire Agreement with Kletterwald Heritage Oaks Park, LLC (Kletterwald) for lease and development of a portion of the Heritage Oaks Park property in an effort to advance public park site improvements and provide the community with a unique treetop adventure course recreation opportunity. The Amendment included minor changes in the business entity name and project schedule from the original Concessionaire Agreement that was approved by City Council on January 17, 2018. Site improvements required as part of the Agreement include an elevated treetop adventure course, new shaded play area, street frontage improvements and pathways, on-site parking, concession and public restroom building, hydration station, picnic tables, and bike racks.

Since then, Kletterwald has completed all site improvements and is currently operating Treetop Sac – an elevated ropes course in the grove of heritage oak trees. Some of the site improvements were modified during the plan review and construction process and options to advance additional phases of improvements included in the original Agreement have since expired. Additionally, Kletterwald initially opened the ropes course business in January 2020, but due to COVID, had to close just a few months later in March 2020, and remained closed for most of 2020 and part of 2021. This closure has significantly impacted business operations and funding projections.

ANALYSIS
To account for the items referenced above, a Second Amended and Restated Concessionaire Agreement is proposed for City Council consideration to incorporate the following changes:
 Updated Project Improvement Descriptions – During the plan review/construction process, multiple changes were made that require modifications to the description of improvements included in the Agreement. For example, the original proposed Storage Kiosk Building and separate Restroom Building have since been designed and constructed as one Reception Building and need to be referenced as such.  Street Frontage Improvements – The street frontage improvements identified in the original Agreement were to be designed by Kletterwald and reimbursed by City at a later date. Kletterwald’s expenses have been fully reimbursed, which are now reflected in the updated Agreement.  Park Impact Fee Repayment - Revenue generated from the Project has fully repaid the City’s contribution to the new play area, which was funded through Park Impact Fee funds.  Phasing/Future Improvements – Improvements were originally proposed to occur in phases, with an optional additional phase that included an outdoor event space and expanded restrooms to be constructed and 98 Kletterwald Heritage Oaks LLC Second Amended and Restated Concessionaire Agreement September 21, 2022

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operated by Kletterwald. This is no longer needed and has been removed from the Agreement. Similar improvements will be constructed as part of the Heritage Oaks Master Plan improvements, but they will be owned and operated by the City.
 Lease Payment Schedule - The lease term remains the same (10-year term) but staff is recommending that lease payments, which are scheduled to start in 2022, be delayed one year to account for COVID closure impacts.
 Alcohol Sales – The sale of beer and wine is currently permitted, but requires securing a Special Event Permit. At the request of Kletterwald, ropes course patrons and members of the community, staff is proposing to modify the Agreement to permit the sale of beer and wine as part of Kletterwald’s normal business operations, subject to all ABC rules and requirements and annual reviews by City.

Environmental Considerations
On November 16, 2016, the City Council certified the General Plan 2035 Environmental Impact Report (EIR).

The EIR was prepared specifically to allow maximum streamlined review of subsequent projects that are found to be consistent with General Plan 2035 in terms of land use, density, etc. On January 17, 2018, as part of the original Agreement approval between the City and Kletterwald, staff prepared a technical memorandum to fully analyze any potential impacts associated with the Heritage Oaks Park site improvements that would be beyond what was contained in the EIR. Based on the analysis presented in the technical memorandum, the proposed project was found to be within the scope of the EIR prepared for the General Plan 2035, and no new or substantially more adverse impacts would occur through implementation of the proposed project. As a result, the City Council certified that no new environmental document was required, consistent with State CEQA Guidelines Sections 15162 and 15168(c) (2). This Amendment to the Agreement does not change or expand the project in any way, so no additional analysis is required under CEQA for this action.

Commission Recommendation
Due to scheduling constraints, this item has not specifically been presented to the to the Parks, Recreation and Intergenerational Services Commission. However, staff has provided regular updates on the project to the Commission as part of the Heritage Oaks Park Master Plan effort, which have been fully supported by the Commission. Discussions topics as part of the updates included clarifying long-term maintenance roles and responsibilities, the opportunity to expand concession operations to support the new public plaza and outdoor amphitheater, as well as school, youth and adult/business groups visiting the site, and special event programming that may be accommodated once the master plan improvements are complete.

Alternatives
Alternatives to the recommended action include:

1. Council could direct staff to modify the proposed updates to the Concessionaire Agreement; or

2. Council could choose to not approve the proposed updates to the Concessionaire Agreement.

These alternative actions are not recommended as the current Agreement needs to be updated to reflect existing improvements and the proposed updates to Kletterwald operations support the opportunity to provide a unique recreation opportunity for the community and leverage both grant funding and private investment opportunities.

Coordination and Review
The Second Amended and Restated Concessionaire Agreement was coordinated with the City Manager’s Office, City Attorney, Police and Community Development departments.

Budget/Cost Impact
There are no costs associated with this action. However, one of the proposed updates to the Agreement will delay the first lease payment of $10,000 for one year. In addition to the lease payments, the City also receives annual revenue from a $2/person park user fee applied to all ropes course tickets purchased. This has resulted in revenue to the City of over $25,000 since the ropes course opened and is expected to grow in the coming years based on full operations post-COVID.

ATTACHMENT

1. Second Amended and Restated Concessionaire Agreement with Kletterwald Heritage Oaks Park, LLC 99 2225579.2 1

SECOND AMENDED AND RESTATED CONCESSIONAIRE AGREEMENT
This Second Amended and Restated Concessionaire Agreement ("Agreement") is entered into on September 21, 2022 ("Effective Date"), by and between the City of West Sacramento, a California municipal corporation ("City"), and Kletterwald Heritage Oaks Park, LLC, a California limited liability company ("Concessionaire").

RECITALS
A. The City owns certain real property consisting of approximately 9.1 acres of unimproved property located at 1300 Lake Washington Boulevard in the City of West Sacramento, California, commonly referred to as the Heritage Oaks Park (“Park”), a public park identified as APN 131-113-00.

B. Concessionaire desires to operate an elevated ropes challenge course business on a portion of the Heritage Oaks Park in the area shown on Exhibit A, attached hereto and incorporated herein ("Property"), which includes a single phase of construction of various levels of elevated rope challenge courses, an office/reception building with patio and public restroom access, play structure, parking lot, and picnic tables.

C. On January 17, 2018, the City and Concessionaire entered into a Concessionaire Agreement to describe the parties' respective rights and obligations in connection with the construction and operation of the ropes challenge course and other improvements on the Property ("Original Concessionaire Agreement").

D. Concessionaire encountered various delays of its project due to COVID, which impacted construction and operations in 2020 and 2021 among other things.

E. On April 17, 2019, the parties entered into an Amended and Restated Concessionaire Agreement (“Amended and Restated Agreement”) to reflect anew Concessionaire entity and the revised rights, duties and obligations of the parties at that time.

F. On January 10, 2020, Concessionaire substantially completed all site improvements related to the ropes challenge course and the City permitted temporary operations while the balance of improvements were underway.

G. Pursuant to the Amended and Restated Agreement, Concessionaire completed all street frontage design work. valued at $37,876.25, which costs are to be reimbursed by the City in accordance with the terms herewith.

H. The parties now desire to amend and restate the Amended and Restated Agreement for a second time to reflect the completed construction improvements and updated phasing and operations as of the Effective Date, including the sublet of the reception building and patio to an affiliate of Concessionaire for beer and wine sales, as more fully described and subject to the conditions set forth herein. This Agreement fully supersedes the Amended and Restated Agreement.

I. The City believes the ropes challenge course and other improvements present an opportunity for visitors to learn about and experience the beauty of the heritage oak trees on the Property while providing recreational activities and education to visitors. The City desires to allow Concessionaire to operate its activities on the Property in accordance with the terms herein, and 100
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the City desires to complete its own outdoor environmental and education facilities on the Property subject to receipt of grant or other funds.

J. Attached hereto and incorporated herein as Exhibit B, is a Site Plan for Concessionaire's completed ropes challenge course incorporated into the recently completed Heritage Oaks Park Master Plan.

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

AGREEMENT

1. Description of Permitted Concessionaire Activities. Concessionaire shall operate, with a sufficient number of employees (in accordance with legal and industry standards), the following activities on the Property, subject to the City's approval as provided under the terms herein:

1.1 Elevated ropes challenge course which may include platforms constructed near or affixed to trees, connected by various types of bridges, offering varying difficulty levels with elements and props, primarily affixed to trees as approved by a consulting arborist and the City (collectively, "Ropes Challenge Course"). Zip lines may also be considered upon approval of the City.

1.2 Programs for school and other groups that may be tied to teambuilding and curriculum, such as, among other things, teaching about design and construction and exploring trees, and the forest ecosystem, upon approval of the City.

1.3 Operation of a concession building with publicly accessible restrooms during business hours, picnic tables and patio seating areas, and the sale of beer and wine. The City will permit alcohol (beer and wine only) to be sold from the concession building for patrons to consume within the patio area only. Such sales shall be subject to the terms and conditions of the California Department of Alcoholic Beverage Control (the “ABC”) and the terms of this Agreement. The City shall review, on an annual basis, the sale and use of alcohol on the Property for compliance with Concessionaire’s ABC license and compatibility with the neighborhood, including any neighborhood complaints. Concessionaire shall provide copies to the City of its ABC license and renewals on an annual basis. The City reserves the right to modify or revoke Concessionaire’s right to sell beer and wine on the Property if there are serious or continuous alcohol-related issues.

Neither the City nor the Concessionaire shall sell tobacco or cannabis products on the Property.

2. Term of Agreement. The term of this Agreement shall be the remainder of the ten (10) year term that commenced on April 17, 2019 under the Amended and Restated Agreement, and expiring on April 17, 2029 (the "Initial Term"), although rental payments to the City will begin one year from the Effective Date. If mutually agreed upon in writing by City and Concessionaire during the Initial Term, this Agreement may be extended for an additional ten (10) years (the "Renewal Term") (together with the Initial Term, the “Term”), provided that City and Concessionaire shall first meet and confer regarding the impacts from Concessionaire's operations, the payments to City under Section 10 herein, and such other issues as either party may wish to discuss, and that any changes to the terms set forth herein to take effect during the Renewal Term are memorialized in a written amendment to this Agreement executed by City and Concessionaire. If the City does agree to extend for a Renewal Term, the City agrees that the payments due to the City under Section 10 herein shall be no greater than market rate for the industry, as determined by the City in its sole discretion.
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3. Operating Periods and Hours. Concessionaire shall operate the facilities and programs listed in Section 1 herein in accordance with the following schedule of operations:

Ropes Challenge Course Operations5
Opening Period Opening Times Duration Opening Days
November – February1 10:00 am – 6:00 pm 8 hours 68
March – May2 9:00 am – 6:00 pm 9 hours 79
June – August3 9:00 am – 8:00 pm 11 hours 92
September – October2 9:00 am – 6:00 pm 9 hours 52
Holidays/School Breaks4 10:00 am – 6:00 pm 8 hours
Summary 291
1 “Off-season” open Wednesday – Sunday Closed Jan 1-13th and Feb Closed on Wednesdays subject to winter closure 2 “Standard Season” open Tuesdays – Sunday
3 “Peak Season” open daily and extended hours
4 “Holidays” open based on season
5 Pre-arranged events may effect this schedule
Any modifications to the schedule must be approved in writing by the City Manager or his/her designee, except for instances when weather or safety concerns necessitate closure, or they are closed due to pre-arranged group events. Concessionaire acknowledges that the Heritage Oaks Park is a public park, with general operating hours of dawn to dusk, and will be used by members of the public for other activities unrelated to Concessionaire's business, including, but not limited to, using the children’s play area, picnicking and walking on nature trails.

4. Concessionaire's Improvements. In connection with its activities on the Property, Concessionaire has constructed the following improvements, to be used as set forth below:

4.1 Ropes Challenge Course. Concessionaire has, at its sole expense, constructed the Ropes Challenge Course improvements in the area marked on Exhibit B, consisting of elevated platforms, ziplines and landing pads throughout the oak grove, as well as a ground level training course and cleared pathways.

4.2 Parking Lot. Concessionaire has constructed, at its sole expense, a parking lot in the area marked for parking on Exhibit B with 41 parking spaces, including 7 ADA accessible spaces, two spaces to be served by an electric vehicle charging station to be installed by the City at a future date, a bus parking space and a trash enclosure. The parking lot shall be open to the public during park hours. The City reserves the right to close the entrance to the parking lot at dusk when the public park closes and to install the improvements necessary to do so (e.g. bollards, chains, etc.). While the Concessionaire is in operations and in good standing, if the City has installed security access improvements, the Concessionaire will be allowed to access them to perform necessary opening and closing processes and will be provided with the keys and controls to do so. Concessionaire may reserve a portion of the spaces for its patrons during normal business hours with advance notice to, and approval by, the City Parks and Recreation Department. Unless authorized by the City by written consent, the Concessionaire shall not park trailers, campers, heavy equipment, commercial trucks and vehicles, or other recreational or oversize vehicles in the lot with the exception of those required for maintenance or pre-approved special events. Visitors may park school buses and recreational vehicles during the day while visiting the park. No overnight parking shall be allowed in the lot.

4.3 Reception Building with Restrooms. Concessionaire has constructed, at its sole expense, a Reception Building in the area marked on Exhibit B, that includes storage of the 102
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supplies and equipment for its business, a small kitchen area for limited food service, a reception counter for visitor information and check-in, and restrooms available for public use during business operations. The Reception Building also includes an outdoor hydration station and covered patio with tables and chairs that are available both for ropes course patrons, food and beverage customers and the public. Bike lock stands are also installed near the Building. The Concessionaire shall be solely responsible for staffing the Reception Building. Concessionaire may conduct retail sales and alcohol sales (subject to the requirements set forth herein) in the Reception Building. No employees, owners, or guests of Concessionaire, or any other persons, shall be permitted to reside overnight in the Reception Building.

4.4 Children's Play Area. Concessionaire has constructed, at its sole expense, a children's play area with shade elements in the area marked on Exhibit B. The play area improvements include play elements suitable for children ages 2-12 that comply with City specifications and certified by a Certified Playground Safety Inspector and two picnic tables with benches/seating.

4.5 Alterations and Additions. Concessionaire shall not make any further additions, alterations or improvements to the Property or any part thereof without Landlord’s prior written consent. Approval, however, may be conditioned upon the receipt by Landlord of a set of plans and specifications for the alterations no later than thirty (30) days prior to the scheduled construction of the alterations. Landlord may impose any conditions and requirements to any consent as Landlord shall in its discretion deem to be necessary or advisable, including, without limitation, the hours when work may be performed and the implementation of safety measures while the construction is being performed. Concessionaire shall acquire any necessary permits from appropriate governmental agencies and all work shall be done in a good and workmanlike manner in compliance with all building codes. All alterations are to be made at Concessionaire’s own cost.

5. The City's Frontage and Utility Improvements. The City has separately constructed, at its sole cost, City street frontage improvements along Lake Washington Boulevard and Village Parkway, and provide sewer and water utility extensions to the Property at or near 30 feet from the existing street curbs ("Public Improvements"). The design costs for the Public Improvements were initially completed by Concessionaire, and are subject to reimbursement by the City in accordance with the terms of Section 8herein.

6. Other City Improvements. The City is responsible for designing and improving the balance of the Park. The City shall coordinate with Concessionaire on the site design and proposed amenities for the balance of the Park to ensure compatibility between the uses of the parties. The City shall give Concessionaire notice of any new improvements to be constructed on the Property by the City and the City shall be responsible for maintaining any additional improvements.

7. Discounts and City Right to Use.

7.1 Visitor Ticket Prices and Discounts. Concessionaire shall provide a Pricing Schedule to the City annually for individuals and groups to include a schedule of discounts from the lowest non-discounted price available to the public for each of Concessionaire's services or activities, in an amount agreed upon by City. City may include this information on its website and in City publications. Concessionaire, at its own discretion, may provide local, friend and family, member discounts to persons for the purposes of establishing good customer relations and local neighborhood support. Concessionaire may also provide annual season pass discounts and discounts for pre-ticket sales prior to opening operations on the Property. The Concessionaire 103
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will resubmit the Pricing Schedule on or before February 5th of every year for City approval, showing any decreases or increases. Changes to the Pricing Schedule shall include a memo of intent to change pricing.

7.2 Official City Use. During the Term, the City shall have the right to use of the Ropes Challenge Course a maximum of three (3) times per calendar year at no cost to the City for group team building and educational purposes (holidays, weekends and high season Thursday - Sunday excluded). A minimum of ten (10) registered City employees will be required to qualify. Non-City employees are not included unless otherwise agreed at the discretion of an authorized Concessionaire representative. Reservations must be made in advance and may be subject to overlap with existing reservations if the City doesn’t fully occupy all available time cycles.

8. Payments to the City. In consideration of the rights granted to Concessionaire hereunder, Concessionaire shall provide City with a share of Concessionaire's revenues as set forth below.

For purposes of Sections 8.1 and 8.2, Concessionaire's "Gross Ticket Sale Revenues" shall be the actual and total fees charged and/or revenues received by Concessionaire from all ticket sales for use of the ropes course, and not including sales tax or any amounts collected pursuant to Section 8.3, and before any charges or deductions for charge or credit cards, regardless of where or how payment was made. Gross Ticket Sale Revenues may reflect ticket rate reductions that occur from the provision of the discounts described in Section 7.

8.1 Beginning on the Effective Date throughout the Term, Concessionaire shall pay to City $2.00 for each person using the Ropes Challenge Course. Payments shall be remitted to the City on the fifth of the month for receipts in the previous month, which may be used to help offset tree care costs required for the Property in accordance with Section 12 herein. No such charges shall be required for which the City has approved waiving the charge, in advance and in writing.

8.2 Beginning one (1) year after the Effective Date, for each calendar year during the Term, Concessionaire shall pay to City a sum equal to the greater of: (i) $10,000; or (ii) a share of Concessionaire's Gross Ticket Sale Revenues in each calendar year, consisting of: (a) one percent (1%) of Gross Ticket Sale Revenues over $800,000 in the first calendar year in which $800,000 is reached, (b) two percent (2%) of Gross Ticket Sale Revenues over $800,000 in the second calendar year in which $800,000 is reached, (c) three percent (3%) of Gross Ticket Sale Revenues over $800,000 in the third calendar year in which $800,000 is reached, (d) four percent (4%) of Gross Ticket Sale Revenues over $800,000 in the fourth calendar year in which $800,000 is reached, (e) five percent (5%) of Gross Ticket Sale Revenues over $800,000 in the fifth calendar year in which $800,000 is reached, and (f) six percent (6%) of Gross Ticket Sale Revenues over $800,000 in the sixth and any additional calendar years in which $800,000 is reached.

8.3 Concessionaire shall pay City the amounts owed pursuant to Section 8.2 by making payments each year as follows, commencing in 2023: (a) $10,000 the 1st day of the 12th Month after the Effective Date and (b) when and if in a given calendar year the amount calculated pursuant to part (ii) of Section 8.2 exceeds $10,000, Concessionaire shall commence making monthly payments to City, no later than the 15th day of each month, reflecting Concessionaire's Gross Ticket Sale Revenues from the preceding month. To the extent that the cumulative payments made by Concessionaire, for a given calendar year (i.e. payments made through January 5th of the following year), have not paid City the amounts due hereunder, Concessionaire shall make an additional payment no later than February 5th of the following year.

Notwithstanding the above, commencing with its first payment due to the City under Section 8.2, 104
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the parties agree that Concessionaire's payments shall be offset against the Public Improvement design costs incurred by the City under Section 5 herein until all Public Improvement design costs have been reimbursed; provided that the City may also make additional payments at any time in its discretion to pay off the balance due. Once Concessionaire has been reimbursed in full, Concessionaire shall begin making the requirement payments due under this Section 8. If this Agreement terminates at any time prior to full reimbursement to Concessionaire by the City, the City shall pay the remaining balance to Concessionaire within six (6) months of termination of the Agreement; provided however, that if this Agreement is terminated due to a default by Concessionaire, the City may offset any amounts due to Concessionaire against any costs incurred by the City caused by Concessionaire's default or termination of this Agreement, or costs the City is entitled to under this Agreement.

8.4 Prior to the commencement of the Renewal Term, City and Concessionaire shall meet and confer regarding the payment amounts and structure contained in this Section 8 to be used during the Renewal Term.

8.5 Concessionaire shall keep accurate accounts of its gross income, from each activity operated, pursuant to this Agreement, including written receipts for each transaction.

Concessionaire's recordkeeping and accounting methods shall be satisfactory to City in City's reasonable discretion, and all records shall be retained for a period of three (3) years following expiration of this Agreement. Each payment to City must be accompanied by documentation of customer payments acceptable to City, and an accounting statement from the period for which payment is made. All voided receipts shall be accounted for, and there shall be no duplication of receipt numbers. By February 5th of each year during the term hereof, Concessionaire shall provide to City a consolidated financial statement representing Concessionaire's operations for the preceding calendar year pursuant to this Agreement. City shall keep confidential all records of payments and accounting statements furnished by Concessionaire, except as otherwise required by law.

8.6 All payments shall be in the form of business check or cashier's check, payable to the City of West Sacramento. In the event a check is not honored or Concessionaire otherwise fails to timely pay any amount due under this Agreement, the unpaid amount shall bear interest at the rate of 12% per annum. All payments must be postmarked by the dates set forth in Section

8.3, and time is of the essence for purposes of all payments due pursuant to this Agreement.

9. City's Right to Audit Concessionaire. City shall have the right at any time and from timeto-time to audit all of the books of accounts, documents, records, returns, papers and files of Concessionaire relating to revenues, sales, services, income and business transacted or other matters which in any way relate to the fees payable hereunder or the determination thereof of Concessionaire's gross revenues, and, on request by City, Concessionaire shall make all such matters available at reasonable times for examination. If City should have an audit made which reveals an underpayment by Concessionaire to City of five percent (5%) or more, Concessionaire shall immediately pay to City the cost of such audit, as well as its additional fees payable by Concessionaire to City plus interest at the rate of 12% from the date(s) the payments should have been made; otherwise, the cost of such audit shall be paid by City.

10. Nonexclusive Concession. The concession or rights herein granted to Concessionaire to operate a business from City owned or controlled property, including the Property, are nonexclusive, provided that City shall not grant to any third-party any right to use the Challenge Courses or the Reception Building on the Property. The City agrees to notify Concessionaire of any events held or sponsored by the City on the Property and of any written agreements that the 105
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City enters into with any other concessionaire or third party for use of the Property. In the event of a conflict between the concessions of Concessionaire and any other concessionaire, City shall have the right to resolve such conflict or dispute and its determination shall be binding upon Concessionaire.

11. Management and Maintenance Obligations.

11.1 Concessionaire's Management Obligations. Concessionaire shall be solely responsible, at its sole expense, for management and operation of the Ropes Challenge Course and related improvements, including, but not limited to, scheduling and handling reservations for events and use of Private Tables.

11.2 Concessionaire's Maintenance Obligations. Concessionaire shall be solely responsible for maintaining, repairing, and replacing all trees on the Property used in or related to the Ropes Challenge Course in accordance with Section 12 below, and maintaining the Ropes Challenge Course, Reception Building, patio, and trash enclosure in good condition and repair.

The restroom portion of the building is designed to comply with public restroom design and construction standards and shall also be maintained by Concessionaire during the term of the Agreement. The plan for all maintenance to be provided by Concessionaire shall be submitted as part of Concessionaire's operation plan described in Section 13 below. Concessionaire shall inspect the restroom facilities as necessary to ensure a high degree of cleanliness, and shall clean the restrooms not less than once per day. In addition, Concessionaire shall keep the Reception Building, patio, trash enclosure and Ropes Challenge Course free of litter on the Property.

Concessionaire shall promptly and properly conduct its maintenance and repair during the Term hereof, and any damage or injury caused by Concessionaire's use of the Property. If Concessionaire fails to keep the Property in good condition, then, thirty (30) days following written notification to Concessionaire (except in the case of an emergency, in which case no prior notification shall be required), the City shall have the right to enter the Property and to do such acts and expend such funds (at the expense of Concessionaire) as are required to place the Property in good condition and repair. Any amount so expended by the City shall be paid by Concessionaire within ten (10) days after the City demands such amount from Concessionaire.

11.3 City's Liability and Maintenance Obligations. The City shall be responsible, at its sole cost, for maintaining the street frontage landscaping, irrigation, and lighting, all site landscaping (excluding the Ropes Challenge Course trees), trails, signage, the Play Area, public picnic tables, Parking Lot and trash disposal within the public use areas. Further, any additional improvements to the Park that are designed and constructed by the City shall be maintained by the City. The City will maintain property and liability insurance for its improvements in accordance with City standards.

12. Care of Trees. Concessionaire shall obtain written approval from City prior to removing any tree or branch greater than 6” in diameter or as recommended by the consulting arborist approved by the City, whether during construction activities, maintenance activities, or otherwise.

Concessionaire shall obtain, at its sole cost, a written report from a consulting arborist not less frequently than once every two (2) years during the term of this Agreement regarding the health of the trees in and around the area used by Concessionaire for its operations, provided that Concessionaire shall provide City with thirty (30) days' advance notice of each inspection by a consulting arborist and shall allow City staff, without fee, to accompany the consulting arborist.

Concessionaire shall comply with all recommendations in each arborist's report except to the extent such recommendations are inconsistent with any provision of this Agreement.

Concessionaire shall provide City with a copy of each report. Concessionaire shall notify the City 106
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in writing of any unscheduled immediate maintenance requirements due to natural occurrences and will submit the requests for City approval as needed. While Concessionaire is responsible for maintaining the health of the Heritage Oaks Park trees, it is not responsible for natural occurrences of nature that could damage or fell a tree. Concessionaire will be responsible for maintaining the health and safety of the use of the trees in accordance with the most recent arborist report. The frequent reports are intended to provide foresight of any future health and stability issues that could result in unanticipated damage or loss of a tree. Concessionaire shall also include recommendations to provide, grow and maintain new saplings in order to increase the quantity of trees and the potential use of them. The City agrees to consider reimbursing Concessionaire, on an annual basis, costs incurred by Concessionaire for routine tree care maintenance and other maintenance consistent with the most recent arborist report, subject to availability from City park funds in accordance with Section 8.1 as determined by the City in its sole discretion.

13. Operations Plan. Concessionaire shall submit an annual operations and maintenance plan, for its operations hereunder (including but not limited to parking and related traffic management), for City approval. Concessionaire shall also submit for City's approval a maintenance plan for all structures and improvements constructed by Concessionaire pursuant to this Agreement within the same timeframe. The operations and maintenance plan shall be reviewed at least annually, or more frequently upon request by either party, to address issues arising during the Term of this Agreement. Any amendments to the operations and maintenance plans shall be submitted to the City for prior written approval. The Concessionaire shall retain ownership of its operations plan (through copyright) and it may not be duplicated, used or redistributed without the written permission of the Concessionaire. This Agreement does not constitute a release of Concessionaire’s operations plan to the City for any other use other than review and approval.

14. Safety Plan. Concessionaire shall submit an annual safety plan, for its operations hereunder, to the City. Concessionaire shall provide City with copies of any updates to the safety plan for City approval. Concessionaire shall have appropriate safety equipment on the site at all times during its operations, and shall have at least one (1) employee trained in CPR and First Aid on duty at all times during its operations. Concessionaire shall supervise and administer the usage and safety of all equipment used in connection with Concessionaire's operations hereunder.

Concessionaire shall use a continuous belay system for users of all elevated activities and shall require the use of full-body harnesses and helmets for participants in all such activities, and other equipment as necessary to meet industry standards.

15. Property Condition.

15.1 "AS-IS" Condition. Concessionaire acknowledges that as of the date of this Agreement, Concessionaire has inspected the Property and all improvements on the Property and that the Property and improvements are in good order, repair, and condition. Concessionaire hereby accepts the Property “AS–IS, WHERE-IS, WITH ALL FAULTS,” in the condition existing as of the Effective Date, without any warranty, express or implied, of any kind, and subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the Property, all environmental conditions, and any covenants or restrictions of record, and accepts this Agreement subject thereto, and to all matters disclosed thereby.

Concessionaire acknowledges that Concessionaire has inspected the Property, and that the Property is suitable for Concessionaire's intended use. Concessionaire acknowledges that City has made no representations or warranties to Concessionaire regarding the condition or suitability of the Property. Concessionaire is solely responsible for assuring itself that the Property is 107
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suitable for its intended use and has not relied upon any City representations or warranty regarding the appropriateness of the Property for Concessionaire’s intended use.

15.2 Hazardous Substances. During the Term, Concessionaire hereby agrees that (i) no activity will be conducted on the Property that will generate, produce or use any Hazardous Substance (as defined below); (ii) the Property will not be used in any manner for the storage of any Hazardous Substances; (iii) no portion of the Property will be used as a disposal facility of any kind, including, but not limited to, any landfill, sewer, dump, pit, pond or lagoon; (iv) Concessionaire will not install any underground or aboveground tank of any type; (v) Concessionaire will not allow any surface or subsurface conditions to exist or come into existence arising out of Concessionaire’s or its consultants,’ contractors,’ employees,’ agents,’ or invitees’ operations or activities that constitute, or with the passage of time, may constitute a violation of Environmental Laws or a public or private nuisance or trespass; (vi) Concessionaire will not permit any Hazardous Substances to be brought onto, or released, emitted, or discharged onto, the Property by any of its consultants, contractors, employees, agents, or invitees, and if so brought or found located thereon, Concessionaire shall immediately remove and properly dispose of same, and shall diligently undertake all cleanup procedures required under Environmental Laws or otherwise necessary to restore the Property to its original condition; and (vii) Concessionaire shall in all regards comply with Environmental Laws including, without limitation, obtaining any required permits, submitting any required registrations, filings or notices or reports, meeting any necessary financial responsibility requirements, paying all required fees, maintaining any required records, and performing any required monitoring, testing, or remediation.

The term “Hazardous Substances,” as used in this Agreement, shall mean petroleum or petroleum products, radioactive materials (including, but not limited to, naturally occurring radioactive materials (“NORM”) and NORM contaminated equipment or materials), polychlorinated biphenyls (“PCBs”) (including, but not limited to, equipment or materials containing PCBs), pollutants, mold and mold spores, contaminants, toxic or hazardous substances or wastes, hazardous materials, or any other substances, the use, storage, handling, disposal, transportation or removal of which is regulated, restricted, prohibited or penalized by any “Environmental Law,” which term shall mean any federal, state or local law, ordinance, order, code, rule, regulation, or statute of a governmental or quasi-governmental authority relating to pollution or protection of health or the environment and shall specifically include, but not be limited to, any “hazardous substance” as that term is defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and any amendments or successors in function thereto.

16. Indemnity and Waiver of Claims.

16.1 Indemnity. To the fullest extent permitted by law, Concessionaire shall defend, indemnify and hold City, its directors, officials, officers, employees, and agents ("Indemnified Parties") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to: (i) any acts, errors or omissions, or willful misconduct of Concessionaire, its agents, officials, officers, employees, invitees, contractors, consultants, and/or customers (the "Concessionaire Parties") in connection with Concessionaire's operations or exercise of its rights under this Agreement; (ii) any use of the Property by Concessionaire Parties; and/or (iii) Concessionaire's breach of its obligations under this Agreement. Concessionaire shall defend, with counsel of City's choosing and at Concessionaire's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by this section that may be brought or instituted against the Indemnified Parties. Concessionaire shall pay and satisfy any judgment, award or decree that 108
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may be rendered against any of the Indemnified Parties as part of any such claim, suit, action or other proceeding. Concessionaire shall also reimburse City for the cost of any settlement paid by any of the Indemnified Parties as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the Indemnified Parties' reasonable attorney's fees and costs, including expert witness fees. Concessionaire shall reimburse the Indemnified Parties for any and all reasonable legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Concessionaire's obligations hereunder shall not be restricted to insurance proceeds, if any, received by the Indemnified Parties.

16.2 Release. Concessionaire's use of the Property shall be limited to the purposes set forth herein, and Concessionaire shall have a license to use the Property only for such purposes.

City shall not be responsible for any loss, damage, theft or vandalism of any personal property, improvements, or material which Concessionaire, or anyone at the direction of Concessionaire, may place upon the Property, including the Ropes Challenge Course, Reception Building, patio, or any other improvements erected by Concessionaire or property belonging to Concessionaire, and Concessionaire waives all claims against City and its officers, agents, employees, and consultants for, and shall hold them harmless for, all such losses or damage. Concessionaire expressly waives the protection of Section 1542 of the California Civil Code, and expressly waives and releases any rights or benefits arising thereunder with respect to this paragraph. Section 1542 states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR

AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR

HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Concessionaire acknowledges that it is aware that it may hereafter discover facts different from, or in addition to, those which were known to it with respect to the matters released pursuant to this Section 16.2, and Concessionaire agrees that the releases given herein shall be, and remain in effect as, full and complete releases of such claims notwithstanding any such different or additional facts.

16.3 Limitation of Liability. No director, officer, council member, employee, or agent of the City shall be personally liable in any manner or to any extent under or in connection with this Agreement. In no event shall the City, or any of its directors, officers, council members, employees, or agents be responsible for any consequential damages suffered or incurred by Concessionaire, including, without limitation, on account of lost profits or interruption of Concessionaire's business.

17. Compliance with Applicable Law; Fees and Permits. Concessionaire shall comply with all applicable federal, state, county, and local statutes, regulations, and requirements.

Concessionaire shall procure and maintain, at its expense, the appropriate business licenses and all appropriate permits for its operations pursuant to this Agreement.

18. Press Releases/Advertising. All press releases by Concessionaire to any communication media regarding its operations hereunder must be first approved by the City, in its reasonable discretion. Concessionaire and City shall endeavor to collaborate in the promotion of the activities offered by Concessionaire and the facilities owned by City, provided that neither party shall be obligated to make any expenditures to promote the activities or facilities of the other party. 109
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Concessionaire shall provide all marketing and promotional material for the City's review and comment.

19. Signs. All advertising signs placed by Concessionaire at any location within the Property shall be subject to prior approval by City, and shall comply with all applicable governmental regulations. Concessionaire shall comply with all wayfinding sign standards for signs installed outside the Property. Concessionaire shall post a sign at the Concession Building stating that its operation is conducted under a concession agreement with the City. The sign shall include the address and telephone number of the City.

20. Handling of Complaints. In the event that City receives complaints about Concessionaire's operations during the Term of this Agreement, such complaints shall be forwarded to Concessionaire. Concessionaire and City shall then meet and confer as to how such complaint or complaints should be handled. Concessionaire shall fully explain any such complaints received, and where appropriate, take action to rectify same.

21. Insurance Requirements. Concessionaire shall not enter onto the Property or commence construction or operations pursuant to this Agreement until it has provided evidence satisfactory to City that it has secured all insurance required under this section. City may require the policy limits and/or types of insurance furnished by Concessionaire to be changed, at Concessionaire's expense, if City determines that such additional insurance is required in order to comply with best practices and/or to adequately protect the City.

21.1 Types of Insurance Required. Without limiting the indemnity provisions of the Agreement, Concessionaire shall procure and maintain, and cause its agents, contractors, and subcontractors, as applicable, to keep and maintain in full force and effect, during the Term of the Agreement, the following policies of insurance:
a. Commercial General Liability. Commercial General Liability insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to this Agreement. The insurance policy required by this Section shall include if alcohol is sold on the Property. b. Excess Liability. Excess Liability insurance, covering bodily injury and property damage for all activities shall be in an amount of not less than $10,000,000 combined limit for each occurrence. If Concessionaire provides adequate security of all construction sites such that the construction areas are fenced to prohibit access by the public during construction, then Concessionaire shall only be required to carry excess liability insurance after construction of the improvements are completed and Concessionaire has begun operations on the Property. c. Workers' Compensation. Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

21.2 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to City for approval. 110
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a. The policy or policies of insurance required by Sections 23.1.a (Commercial General Liability), and 23.1.b (Excess Liability), shall be endorsed to include as additional insureds the City, its officials, employees and agents. b. The policy or policies of insurance required by Section 23.1.c (Workers' Compensation) shall be endorsed to provide a waiver of subrogation stating that the insurer waives all rights of subrogation against the Indemnified Parties.

21.3 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by City, its officials, employees, and/or agents shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

21.4 Waiver of Subrogation. Concessionaire shall waive all subrogation rights against City, its officials, employees, and/or agents. Policies shall contain or be endorsed to contain such provisions.

21.5 Deductible. Any deductibles or self-insured retentions must be declared to and approved in writing by City.

21.6 Evidence of Insurance. Concessionaire shall deliver either copies of the required policies, or original certificates and endorsements on forms approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall provide that the carrier is required to give the City at least fifteen (15) days prior written notice of the cancellation or reduction in coverage of a policy.

At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with City. If such coverage is cancelled or reduced, Concessionaire shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

21.7 Failure to Maintain Coverage. Concessionaire shall suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to City. Concessionaire shall provide immediate written notice if: (i) any of the required insurance policies is terminated; (ii) the limits of any of the required policies are reduced; or (iii) the deductible or self-insured retention is increased.

21.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current AM. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

22. Liens. Concessionaire shall pay in full all persons who perform labor or provide materials.

Concessionaire shall not permit or suffer any mechanic’s liens of any kind or nature to be enforced against the Property for any work performed by Concessionaire pursuant to this Agreement.

Concessionaire shall indemnify and hold harmless the City from and against any and all liens, claims, demands, costs or expenses whatsoever arising out of or related to such labor performed or materials furnished.
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23. Possessory Interest Tax. Concessionaire hereby recognizes and understands that this Agreement may create a possessory interest subject to taxation pursuant to California Revenue & Taxation Code section 107.6 and Government Code section 53340.1, that such property interest may be subject to taxation and special assessments, if created, and that Concessionaire may be subject to the payment of taxes and assessments levied on such interest. Any such imposition of a possessory interest tax shall be a tax liability of Concessionaire, and shall be promptly paid when due. In addition, Concessionaire shall pay any personal property taxes that may become due for equipment, fixtures, inventory, or other personal property installed, maintained, or present within the Property.

24. Responsible Managing Person. Concessionaire shall designate a responsible managing person who shall be at the Property as required. The continued or chronic absence of a responsible managing person shall be grounds for termination of this Agreement.

25. Default and Termination.

25.1 Default. Any of the following events or occurrences shall constitute a material breach of this Agreement by Concessionaire and, after the expiration of any applicable grace period, shall constitute an event of default (each an “Event of Default”):
a. The failure by Concessionaire to pay any amount in full within ten (10) days when it is due under this Agreement.
b. The failure by Concessionaire to perform any other obligation under this Agreement, if the failure has continued for a period of thirty (30) days after the City demands in writing that Concessionaire cure the failure. If, however, by its nature, the failure cannot be cured within thirty (30) days, Concessionaire may have a longer period as is necessary to cure the failure, but this is conditioned upon Concessionaire promptly commencing to cure within the thirty (30) day period, and thereafter, diligently completing the cure within thirty (30) additional days. c. Any of the following: a general assignment by Concessionaire for the benefit of Concessionaire's creditors; any voluntary filing, petition, or application by Concessionaire under any law relating to insolvency or bankruptcy, whether for a declaration of bankruptcy, a reorganization, an arrangement, or otherwise; the abandonment, vacation, or surrender of the Property by Concessionaire without the City's prior written consent; or the dispossession of Concessionaire from the Property (other than by the City) by process of law or otherwise.

25.2 Termination.
a. Upon an Event of Default by Concessionaire, City may at any time thereafter, with or without notice or demand and without limiting City in the exercise of any right or remedy which City may have by reason of such default, terminate Concessionaire's right to possession of the Property by any lawful means, in which case this Agreement and the Term hereof shall terminate and Concessionaire shall immediately surrender possession of the Property to City. The City shall be entitled to recover from Concessionaire all damages incurred by City by reason of Concessionaire's default including, but not limited to, the cost of recovering possession of the Property and reasonable attorney's fees. b. Concessionaire may terminate this Agreement without penalty upon ninety (90) days' prior written notice.
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26. Surrender of Property. The ropes course materials, Reception Building (if not permanently affixed to the Property), and any other personal property and trade fixtures that are built and/or installed by the Concessionaire are, and will remain, the property of the Concessionaire and may be removed from the Property by Concessionaire at its cost upon expiration or termination of this Agreement; provided, however, that at expiration or termination of this Agreement the City may, at its sole option, purchase all or any portion of Concessionaire’s property for its then-fair market value. In the event that Concessionaire does remove any of its personal property or trade fixtures, Concessionaire must do so in a way that leaves the Property and the Park in a safe condition for public use (e.g. electrical wires, plumbing lines, etc. shall not be left exposed). Upon expiration or termination of this Agreement, Concessionaire shall surrender and forfeit the Property and any permanent improvements to the City, at no cost to the City. Concessionaire acknowledges that City's rights pursuant to this paragraph constitute a portion of the consideration to City for entering into this Agreement.

27. Damage. If the trees used by Concessionaire for its Ropes Challenge Course are damaged by fire or other casualty so that Concessionaire is deprived of at least fifty percent (50%) of use of the trees for the Ropes Challenge Course, and no other trees on the Property can be substituted for the damaged trees in the reasonable discretion of the City's arborist, then this Agreement shall terminate as of the date the arborist determines that substitution is not reasonably possible, subject to any provisions hereof, which by their terms or reasonable implication, shall survive such termination.

28. Notices. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party by the other party shall be in writing and shall be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid.

Notices delivered personally or by certified mail, return receipt requested, will be effective three (3) business days after placed in the mail or immediately upon receipt (or refusal of delivery or receipt); notices sent by independent messenger or courier service will be effective one (1) business day after acceptance by the independent service for delivery.

CITY: City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Attention: City Manager
Email: [email protected]
CONCESSIONAIRE: Kletterwald Heritage Oaks Park, LLC
2912 Franklin Blvd.

Sacramento, CA 95818
Attention: Kale Wisnia, Chief Executive Officer
Email: [email protected]
Either party may change the address for the purpose of this section by giving written notice of the change to the other party in the manner provided in this section.

29. No Encumbrances. Concessionaire shall not mortgage or hypothecate all of or any portion of the leasehold estate created under the terms of this Agreement. 113
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30. Negation of Joint Venture. Nothing herein contained shall be in any way construed as expressing or implying that the parties hereto have joined together in any joint venture or liability company, or in any manner have agreed to or are contemplating the sharing of profits and losses among themselves in relation to any matter relating to this Agreement.

31. No Real Property Interest. Concessionaire agrees that it does not have and shall not claim any interest or estate whatsoever in the Property by virtue of this Agreement or Concessionaire's occupancy or use of the Property under this Agreement, and Concessionaire shall not mortgage or hypothecate all of or any portion of this Agreement or the Property.

32. No Recording. No document giving notice of the existence of this Agreement shall be recorded in the official records of the county where the Property is located.

33. Attorneys’ Fees. If any legal action or proceeding is brought to recover any payments or other sums under this Agreement, or for or on account of any breach of or to enforce or interpret any of the covenants, terms, or conditions of this Agreement, or for the recovery of the possession of the Property, the prevailing party shall be entitled to recover from the other party, as part of prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and shall be made a part of any judgment rendered.

34. Time of Essence. Time is of the essence in this Agreement.

35. Governing Law; Venue. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. In the event of litigation arising under this Agreement, venue shall reside exclusively in the County of Yolo.

36. Modification. This Agreement may be amended by mutual agreement of the parties. Such amendments shall only be effective if incorporated in written amendments to this Agreement and executed by duly authorized representatives of the parties.

37. Assignment. Concessionaire shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of City, which may be withheld in the City's sole discretion. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

38. Recitals and Captions. The recitals and captions of the paragraphs and subparagraphs of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction or meaning of the provisions of this Agreement.

39. Construction. The parties agree that each party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto.

40. Waivers. A waiver or breach of covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act.
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41. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the parties.

42. Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

43. Equal Opportunity. Concessionaire represents that it is an equal opportunity employer and provider of services and it shall not discriminate against any customer, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.

Such non-discrimination shall include, but not be limited to, all activities related to Concessionaire's services, employment, demotion, transfer, recruitment, layoff or termination.

44. Force Majeure. If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, terrorism, wars, strikes, lockouts, labor troubles, inability to procure materials, or other cause without fault and beyond the control of the party obligated to perform (financial inability excepted), performance of such act shall be excused and extended for a period equivalent to the period of such delay; provided, however, nothing in this Section 45 shall excuse Concessionaire from the prompt payment of any rent or other charge required of Concessionaire under this Agreement.

45. Authority to Execute Agreement. Concessionaire has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective party.

46. Subcontracting. Concessionaire shall not subcontract any portion of the operations contemplated by this Agreement, except as expressly stated herein, without prior written approval of City, in its sole discretion. The City has approved Tree Top Beverage, Inc., a California corporation wholly owned by Concessionaire, as a sublessee, to sell beer and wine from the Reception Building for use by patrons on the patio area. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

47. Entire Agreement. This Agreement, together with the exhibits attached hereto, which are incorporated herein by reference, sets forth the entire understanding of Concessionaire and the City relating to the subject matter referred to herein and supersedes any prior representations or understandings made by either party.

48. Counterparts. This Agreement may be executed simultaneously or in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Agreement.
(Signatures on Next Page)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

CITY:

City of West Sacramento,
a California municipal corporation
By:

Aaron Laurel, City Manager
APPROVED AS TO FORM:

By:

Jeffrey A. Mitchell, City Attorney
ATTEST:

By:

Jennifer Cusmir, City Clerk
CONCESSIONAIRE:

Kletterwald Heritage Oaks Park, LLC,
a California limited liability company
By: Kletterwald USA LLC,
a California limited liability company
Its: Operating (Managing) Member
By:

Kale Wisnia, Chief Executive Officer
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2225579.2
Exhibit A
(Map of Property Area)
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2225579.2 Exhibit C 118

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 21, 2022 ITEM # 6
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 22-117 AND APPROVAL OF EMERGENCY CONTRACT WITH FORD CONSTRUCTION COMPANY, INC.

FOR RIP RAP WALLS TO IMPROVE LAKE LEVELS AT BRIDGEWAY LAKES INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
David Culbertson, Sr. Project Manager
Parks and Recreation Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to adopt Resolution 22-117 amending the Capital Improvement Program to add a new Capital Improvement Project (CIP-62156) to help improve lake levels at Bridgeway Lakes, approve the transfer of funds from CIP-62146 (Bridgeway Lakes Fill Pump and Well) to CIP-62156, and permit continued construction of improvements under an Emergency Contract with Ford Construction Company, Inc.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the Rip Rap Walls emergency project is exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301 (d) (Existing Facilities) and § 15269 (emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare);
2) Adopt Resolution 22-117, by a minimum four-fifths vote, approving continuance of the Emergency Contract with Ford Construction Company, Inc. and amending the Capital Improvement Program to add a new project number (CIP-62156) and approve the transfer of funding from CIP-62146 to the Project for construction of improvements to increase lakes levels at Bridgeway Lakes; and 3) Authorize the City Manager or designee to execute change orders not to exceed 10% ($11,787) of the Contract value.

BACKGROUND
The City of West Sacramento owns and maintains a 45-acre lake within the Bridgeway Lakes Community which serves to collect storm water runoff while being available for recreational purposes. Although the lake was designed to accommodate fluctuating lake levels, due to precipitation levels at 16% of average rainfall in 2022 combined with increasing temperatures, the City of West Sacramento is in an Extreme Drought and the lake is at historic lows. City staff believes this is an emergency situation and therefore, commenced emergency actions using CFD funding to help divert more water into Bridgeway Lakes. The City is currently pursuing a dedicated pump and well to maintain lake levels, but the design and permit process has been delayed due to the Governor’s Executive Order pertaining to the Drought. No new well permits for non-municipal purposes are being considered at this time.

In the interim, the City has been pumping 500 GPM of water out of Well 20 (near Lake Washington and Jefferson boulevards) into the Main Drain Canal to try to supplement lake levels. Due to the cross-connecting canal systems, evaporation, and percolation, the water from Well 20 is not reaching the lake. Rip Rap walls were proposed for temporary placement at strategic points within the canals to guide more water into the lake. The walls will be removed prior to winter rains or as directed by Reclamation District 900. If effective, this effort may be used on an annual basis while a dedicated pump and well are designed and permitted for Bridgeway Lakes.

ANALYSIS
On July 12, 2022, City staff issued an Invitation to Bid for the Installation of Rip Rap Walls in Drainage Canals.

On August 8, 2022, five proposals were received in response to the invitation. Staff evaluated the proposals to determine if the contractors were qualified to provide landscape maintenance services. One proposal was deemed incomplete and of the four remaining proposals, Ford Construction Company, Inc. was the lowest responsive bidder and was selected for the project. The following is a summary of the proposals received:
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Emergency Contract with Ford Construction for Rip Rap Walls September 21, 2022

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Proposals Received
Item
Ford
Construction
McNabb
Construction, Inc
Anderson
Dragline, Inc.

Syblon
Reid
Base Bid- Install Rip Rap Walls $73,870 $98,000 $123,600 $108,000 Add Alternative- ¾” Rock $9,850 $11,550 $6,380 $22,400
Add Alternative- Removal Method #2 $34,150 $49,000 $41,000 $52,000 Bid Totals $117,870 $158,550 $170,980 $182,400
The City entered into a Construction Contract with Ford Construction Company, Inc. to install the Rip Rap walls as part of an emergency contract to mitigate the unsafe lake levels.

For the purposes of contracting, Section 1102 of the Public Contract Code (PCC) defines an emergency as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” PCC 20168 allows cities to enter into no-bid, emergency construction contracts following the procedure set out in PCC 22050. PCC 22050 allows a city to delegate this authority to a non-elected public official. West Sacramento Municipal Code 3.04.090 delegates this authority to the “purchasing agent”, which is elsewhere defined as the City Manager.

Once the contract has been approved, the City Manager is required to report on the contract at the next City Council meeting (PCC 22050(b)(3)). If the work is continuing, the Council needs to adopt a resolution allowing the work to continue (PCC 22050(c)(2)). Because the work involved in the emergency repair will extend beyond the September 21, 2022 City Council meeting, the Council needs to adopt a resolution to allow the work of the contractor to continue.

Staff is requesting Council consideration of Resolution 22-117, which allows the work of the Contractor to continue beyond the September 21, 2022 Council meeting, establishes a new CIP for the Project and formally appropriates funding from CIP-62146 (Bridgeway Lakes Fill Pump and Well) to the new CIP in an amount not to exceed $117,870.00. The resolution must be approved by a minimum four-fifths vote of the Council for the work to continue.

Environmental Considerations
The project is exempt from CEQA pursuant to CEQA Guidelines Section 15301, the Class 1 Categorical Exemption. The project involves the maintenance and/or minor alteration of existing facilities and/or topographical features and negligible or no expansion of use beyond that existing. The project is also exempt from CEQA pursuant to CEQA Guidelines Section 15269 as emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. A Notice of Exemption is included as Attachment 2.

Commission Recommendation
An informational presentation on the Bridgeway Lakes lake levels was given at the August 2, 2022 Parks, Recreation and Intergenerational Services Commission Meeting. Since this item is not a policy action, no Commission recommendation was obtained but the Commission was very supportive of finding both immediate and long-term solutions to address the ongoing challenge of managing lake levels.

Strategic Plan Integration
Council approval of the Emergency Construction Contract with Ford Construction Company for Rip Rap Walls is consistent with the Council’s goal for a Financially Sound City Providing Quality Services.

Alternatives
The City Council’s primary alternatives include:

1. Delay or modify the recommended action; or

2. Reject the recommended action.

Alternatives 1 and 2 are not recommended as delaying or modifying the Contract or not permitting work to continue will be detrimental to re-establishing safe water levels and improving public safety. 120
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Coordination and Review
This report was prepared in coordination with the City Manager’s Office, Public Works Department and Reclamation District 900 and was reviewed by the Finance Department and the City Attorney.

Budget/Cost Impact
Resolution 22-117 amends the Capital Improvement Program (CIP) by establishing a new CIP project (CIP62156) and requests the transfer of $129,657 from CIP-62146 to the Project to cover the installation and removal of the Rip Rap walls.

ATTACHMENTS

1. Resolution 22-117

2. Notice of Exemption

3. Contract for Services
121
Attachment 1
RESOLUTION 22-117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) AND APPROVING

CONTINUANCE OF THE EMERGENCY CONTRACT WITH FORD CONSTRUCTION COMPANY, INC. FOR EMERGENCY CONTRUCTION OF RIP RAP WALLS WITHIN THE

STORM WATER CONVEYENCE CANALS
WHEREAS, the City of West Sacramento owns and maintains a 45-acre lake within the Bridgeway Lakes Community; and
WHEREAS, the City, through the Parks and Recreation Department, maintains the lake using funding from the Bridgeway Lakes Community Facility District (CFD); and WHEREAS, due to precipitation levels at 16% of average rainfall in 2022 combined with increasing temperatures, the City of West Sacramento is in an Extreme Drought and the lake is at historic lows; and
WHEREAS, low lake levels create a public health and safety risks; and WHEREAS, City staff believes this is an emergency situation and therefore commenced with emergency actions using CFD funding to construct rip rap walls within the Main Drain Canal to temporarily divert more water into Bridgeway Lakes; WHEREAS, City Staff issued an Invitation to Bid for the Project to request bids; and WHEREAS, Ford Construction Company, Inc. was the lowest responsible bidder for the Project; and
WHEREAS, the $117,870 bid was approved by the City Manager as an approved emergency project; and
WHEREAS, Ford Construction Company, Inc. started the emergency work on September 8, 2022, and completion of the work will occur in late fall prior to our first substantial rains; and
WHEREAS, for the purposes of contracting, Section 1102 of the Public Contract Code (PCC) defines an emergency as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services”; and
WHEREAS, PCC 20168 allows cities to enter into no-bid, emergency construction contracts following the procedure set out in PCC 22050; and WHEREAS, PCC 22050 allows a city to delegate this authority to a non-elected public official and West Sacramento Municipal Code 3.04.090 delegates this authority to the “purchasing agent”, which is elsewhere defined as the City Manager; and WHEREAS, once the emergency contract has been approved, the City Manager is required to report on the contract at the next City Council meeting (PCC 22050(b)(3)); and 122
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WHEREAS, if the work is continuing, the Council needs to adopt a resolution allowing the work to continue (PCC 22050(c)(2)); and
WHEREAS, because the work involved in the emergency work will extend beyond the September 21, 2022 City Council meeting and therefore according to PCC 22050(c)(2), the Council needs to adopt a resolution allowing the work of the contractor to continue beyond September 21, 2022; and
WHEREAS, the Capital Improvement Program (CIP) requires amendment to add a new project (CIP-62156) for the work identified herein; and WHEREAS, an appropriation of $129,657 of funds is needed to fund CIP-62156 for the emergency contract with Ford Construction and provide a 10% contract contingency and the amount will be transferred from CIP-62146 (Bridgeway Lakes Fill Pump and Well) to fund the Project; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:

1. The City hereby approves amendments to the Capital Improvement Program (CIP) for Fiscal Year 2022-2023 as listed below:

SOURCES
$129,657 400-9900-5530/400-62146-5800 BW Lake Fill Pump and Well Budget $129,657 400-9900-4990/400-62156-4990 Transfer In to CIP-62156 $129,657 TOTAL SOURCES
USES
$129,657 400-9900-5530/400-62156-5800 BW Lake Rip Rap Budget $129,657 400-9900-5950/400-62146-5950 Transfer Out to CIP-62156 $129,657 TOTAL USES

2. The City Council hereby finds there is a need to allow continuance of the work to complete the emergency repairs as described in the contract with Ford Construction Company, Inc. beyond September 21, 2022.

3. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

4. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the West Sacramento City Council this 21st day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:
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Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
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CONSTRUCTION CONTRACT
THIS CONTRACT made on August 24, 2022, by and between the CITY OF WEST SACRAMENTO (“City”), and Ford Construction Company, Inc., hereinafter “Contractor”. The City and Contractor may be collectively referred to as the “parties”.

The parties have mutually covenanted and agreed as follows:

1. THE CONTRACT DOCUMENTS:

The complete Contract consists of the following documents (“Contract Documents”):

Construction Contract (See Part 2)
Payment Bond to accompany Contract (See Part 2)
Contractor’s Certification Regarding Workers’ Compensation (See Part 2) General Conditions (See Part 3)
Supplemental Conditions (Special Provisions) (See Part 4) Drawings
Technical Specifications (See Part 4)
Change Orders
City of West Sacramento Standard Specifications 2002, with Amendments #1 & #2 State of California Department of Transportation (Caltrans) Standard Specifications 2015 Contractor’s Emergency Invoice (Accepted Bid)

2. THE WORK:

The Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the Installation of Rip Rap Walls in Drainage Canals “Project” as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City, or its representatives. The City hereby designates as its representative for the purpose of this Contract the following named person: David Culbertson

3. CONTRACT PRICE:

The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of $117,870.00 for the Project subject to additions and deductions as provided in the Contract Documents.

4. COMPLETION DATE:

The Project shall be commenced on the date specified in the Notice to Proceed. The installation of the walls will be completed within thirty days (30) after the date stated in the Notice to Proceed. Work shall be completed within ten days (10) working days from starting work, as defined in the General Conditions. Removal shall be within ten (10) working days from a written request by the City. All parts of the project to be completed by December 31, 3022.

Completion date subject to change.

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5. NOTICE AND SERVICE THEREOF:

Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the City, by personal delivery thereof to the Director of Capital Projects, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the City at:

City of West Sacramento
Ariana Adame, Director of Capital Projects
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
(b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the Contractor at:

Business Ford Construction Company, Inc.

Attention Nicholas B. Jones
Street Address 300 W. Pine Street
City, State, Zip Code Lodi, CA 95240
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

6. LIQUIDATED DAMAGES:

Liquidated damages as provided for in the General Conditions of the Contract shall be in the sum of One Thousand Dollars ($1,000.00) for each and every day as defined therein for each different scope of work as defined by the Base Bid and each change order except as otherwise specified in the Supplemental Conditions.

7. PREVAILING WAGE:

Copies of the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations in accordance with Labor Code section 1773.2 are on file at the City, and copies are available for inspection at that office to any interested party on request.

Bidders shall be responsible for verifying with the Director of the Department of Industrial Relations that all such copies of the prevailing rate provided by the City are current and accurate. The requirement to pay the wage rate so specified is further detailed in the General Conditions.

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8. CONTRACTOR REGISTRATION
By the execution of this Contract, Contractor hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (Contractor registration).

IN WITNESS WHEREOF, four (4) identical counterparts of this Contract, each of which shall for all purposes be deemed an original, have been duly executed by the above-named parties, on the date noted on the first page of this Contract.

Date Ford Construction Company, Inc.

Date Aaron Laurel, City Manager
Approved as to form:

Jeffrey Mitchell, City Attorney
Attest:

Jennifer Cusmir, City Clerk
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PAYMENT BOND
The CITY OF WEST SACRAMENTO, hereinafter “City,” has awarded to Ford Construction Company, Inc., hereinafter “Contractor,” a Contract for the work described as follows:

INSTALLATION OF RIP RAP WALLS IN DRAINAGE CANALS
WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.

NOW, THEREFORE, we, Ford Construction Company, Inc., the undersigned Contractor, as Principal, and _______________, a corporation organized and existing under the laws of the State of _______________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the _______________ in the sum of [AMOUNT], said sum being not less than one hundred (100) percent of the total Contract amount payable by the City, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, its heirs, executors, administrators, successors, and assigns or Subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 9100, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor thereon of any kind, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in the Contract; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys’ fees to the prevailing party to be fixed by the court.

This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.

It is further stipulated that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration, or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement described above or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement described above, nor by any rescission or attempted rescission of the Contract, agreement, or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 128
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whose benefit such bond has been given, by reason of any breach of contract between the City and original Contractor or on the party of the obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 8400 and 8402 of the California Civil Code and has not been paid the full amount of its claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration, or modification.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _________ day of ___________________________, 20___.
(Contractor as Principal)
(Seal) By
(Seal) By
NOTE: If Contractor is a Partnership, all partners should execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

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PERFORMANCE BOND
The CITY OF WEST SACRAMENTO, hereinafter “City,” entered into a Contract dated _ _____________, 2022 with Ford Construction Company, Inc hereinafter “Contractor,” for the work described as follows:

INSTALLATION OF RIP RAP WALLS IN DRAINAGE CANALS
WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.

NOW, THEREFORE, we, Ford Construction Company, Inc, the undersigned Contractor, as Principal, and _______________ (corporate surety), a corporation organized and existing under the laws of the State of ________________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of __________ [AMOUNT], lawful money of the United States, said sum being not less than one hundred percent (100%) of the total Contract amount, for the payment of which sum be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above-bounded Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and perform the covenants, conditions, and agreements in said Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and Acceptance of said work, during which time if the above-bounded Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one (1) year from the date of Acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in said sum shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

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In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ______________ day of _______________________, 20___.

(Contractor as Principal)
(Seal) By
(Seal) By
NOTE: If Contractor is a Partnership, all parties must execute the Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

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CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION TO: Ariana Adame, Director of Capital Projects
City of West Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
I am aware of the provisions of Section 3700 of the Labor Code of the State of California which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Ford Construction Company, Inc.

By
(Business Address)
(Place of Residence)
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[PROJECT NAME AND PROJECT NUMBER]
PART 2 GENERAL CONDITIONS
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PART 2: GENERAL CONDITIONS
SECTION 1

DEFINITIONS AND TERMS

1.01. GENERAL
Wherever the following abbreviations and terms, or pronouns in place of them, are used in these Conditions and other Contract Documents of which these Conditions are a part, the intent and meaning shall be interpreted as provided below.

1.02. ABBREVIATIONS
The following abbreviations may be used in the Contract Documents:

AA Aluminum Association
AASHTO American Association of State Highway/Transportation Officials ABMA American Boiler Manufacturer’s Association
ACI American Concrete Institute
AFBMA Anti-Friction Bearing Manufacturers Association
AGA American Gas Association
AGC Associated General Contractors
AGMA American Gear Manufacturer’s Association
AI The Asphalt Institute
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute, Inc.

APA American Plywood Association
API American Petroleum Institute
APWA American Public Works Association
ARA American Railway Association
AREA American Railway Engineering Association
ASCE American Society Civil Engineers
ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers’ Association
AWS American Welding Society
AWWA American Water Works Association
BHMA Builders Hardware Manufacturers Association
CCMTC California Concrete Masonry Technical Committee
CRSI Concrete Reinforcement Steel Institute
ETL Electrical Testing Laboratory
FS Federal Specification
ICBO International Conference of Building Officials
IEEE The Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society
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IPCEA Insulated Power Cable Engineers Association
JICS Joint Industry Conference Standards
MBMA Metal Building Manufacturer’s Association
MSS Manufacturers Standardization Society of the Valve and Fitting Industry Standards
NBFU National Board of Fire Underwriters
NBS National Building Standards
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Act of 1970
PCA Portland Cement Association
SMACNA Sheet Metal and Air Conditioning Contractor’s National Association SSPC Steel Structures Painting Council
SSPWC Standard Specifications for Public Works Construction UBC Uniform Building Code
UL Underwriter’s Laboratory
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
USAS The United States of America Standard Institute
USBR United States Bureau of Reclamation
USPHS United States Public Health Service
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California

1.03. DEFINITIONS
The intent and meaning of the following, wherever they appear in the Contract Documents, shall be interpreted as follows:

Acceptance - The formal Acceptance by the Engineer of the entire Contract, which has been completed in all respects in accordance with the Specifications and any, approved modifications.

Addenda - Any written change, clarification or supplement to documents issued for bidding, issued by the City or its Engineer prior to bid.

As Approved - The words “as approved”, unless otherwise qualified, shall be understood to be followed by the words “by the Engineer”.

As Shown, and As Indicated - The words “as shown” and “as indicated” shall be understood to be followed by the words “on the Plans”.

Award - The decision of the City Council to accept the proposal of the lowest responsible Bidder for the Work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof and to such other conditions as may be specified or required by law.

Bid - The offer of the Bidder for the Work when made out and submitted on the prescribed Bid form, properly signed and guaranteed. A Bid is also known as a Proposal.

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Bid Security - The cash, cashier’s check, certified check, or bidder’s bond accompanying the Bid submitted by the bidder, as a guarantee that the Bidder will enter into a Contract with the City for the performance of Work herein described.

Bidder - Any individual, firm, partnership or corporation submitting a Bid for the Work contemplated, and acting directly or through a duly authorized representative.

Bureau - United States Bureau of Reclamation.

Calendar Day - Each day shown on the calendar.

Change Order - Written order issued by the Engineer to the Contractor covering changes in the Contract and establishing the bases of compensation and time adjustments for work affected by the changes.

City - The City of West Sacramento, also referred to as the Owner.

City Council or Council - The City Council of the City of West Sacramento.

City Standard Details - The standard details contained in the City Standard Specifications as modified.

City Standard Specifications - 2002 edition of the City of West Sacramento Standard Specifications and Details as amended to date of Bid submittal.

Claim - A separate demand by the Contractor for (i) a time extension, (ii) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (iii) an amount the payment of which is disputed by the City.

Contract - The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the Work. The Contract shall include all Contract Documents and supplemental agreements amending or extending the work contemplated which may be required to complete the Work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the contract and include Addenda and change orders.

Contract Documents - Contract Documents is the collective term for all of the following documents and any other document incorporated therein by reference: Invitation to Bid, Accepted Bid (and all accompanying documents), Designation of Subcontractors, Construction Contract, Payment Bond to Accompany Contract, Performance Bond to Accompany Contract, General Conditions, Supplementary and Special Conditions, (if any), Drawings (and Specifications), Addenda, Change Orders, City of West Sacramento Standard Specifications, State of California Department of Transportation (Caltrans) Standard Specifications 2015, Contractor’s Certification Regarding Workers’ Compensation.

Contractor - The person or persons, firm, partnership or corporation or other entity who has entered into the Contract with the City to perform the Work.

County - County of Yolo, California.

Date of Completion - Date of filing of the Notice of Completion with the Yolo County ClerkRecorder’s Office.

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Date of Execution of the Contract - The date on which the Contract is signed by the City’s authorized representative.

Datum - The Figures given in the Specifications or upon the drawings after the word “Elevation” or an abbreviation of it, shall mean U.S.G.S. datum, unless otherwise noted.

Days - Unless otherwise designated, days as used in the Contract Documents shall mean calendar days.

Elevation - The figures given on the Plans or in the other Contract Documents after the word “elevation” or abbreviation of it shall mean the distance in feet above the standard datum used by the City.

Engineer - The City Engineer, or the person designated by the City as its engineering representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

Extra Work - Work other than that required either expressly or implied by the Contract in its executed form.

Notice of Completion - notice of completion is the recorded project completion document filed with the Yolo County Clerk.

Or Equal - The term “or equal” shall be understood to indicate that the “equal” product be the equivalent or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer.

Plans or Specification Drawings - The term “Plans” or “Specification Drawings” refers to the official plans, profiles, cross sections, elevations, details, and other Working Drawings and supplementary drawings, or reproductions thereof, signed by the Engineer, which show the location, character, dimensions, and details of the work to be performed. Plans may either be bound in the same book as the balance of the Contract Documents or bound in separate sets.

Regardless of the method of binding, Plans shall be part of the Contract Documents.

Plant - All physical, resources, facilities, machinery, equipment, staging, tools, work and storage space other than provided by the Contract, together with subsidiary essentials and necessary maintenance for proper construction and acceptable completion of the project.

Project - The entire Work to be completed under the Contract.

Project Manager - The person designated by the City as its project management representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. The Project Manager will be the City Engineer unless the City designates a separate Project Manager.

When a Project Manager is used for a project, the Project Manager has full authority to act as the City Engineer unless the designation specifically states otherwise.

Shop Drawings - Drawings prepared by the fabricator or supplier showing the layout and details of components fabricated in a shop for inclusion in the permanent facility (e.g., structural steel, reinforcing steel, railings).

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Site - The area upon or in which the Contractor’s operations are carried on and such other areas adjacent thereto as may be designated by the Engineer.

Specifications - The term “specifications” refers to the terms, provisions, and requirements contained herein. Where reference specifications, such as those of “ASTM”, “AASHTO”, etc. have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents.

State - State of California.

State Standard Specifications - Standard Specifications issued by the State of California Department of Transportation, dated 2015, and as amended Bid in the supplemental conditions.

Subcontractor - The term “Subcontractor”, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked and would be considered a supplier only.

Supplementary & Special Conditions Provisions - Additions, revisions, special directions, and requirements peculiar to a project and not otherwise thoroughly set forth in General and/or Specifications.

Time Limits - All time limits stated in the Contract Documents are of the essence of the Contract.

Work - All the work specified, indicated, shown or contemplated in the Contract Documents to construct the improvements, including all alterations, amendments or extensions thereto made by Change Order or other written orders of the Engineer.

Working Days - A Working day is defined as any day, except Saturdays, Sundays and legal holidays of the City.

Working Drawings - Drawings furnished by the Contractor showing the layout and details of temporary construction procedures and methods of construction, and data for construction equipment which are to be employed in the construction of the permanent facility (e.g., form drawings, erection drawings, load test pile procedures, pile hammer data, etc.).

Written Notice - “Written Notice” shall be deemed to have been duly served when delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified U.S. mail to the last business address known to the party who gives the notice as specified in the Contract.

Whenever in the Specifications or upon the drawings the words “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Engineer is intended, and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import, shall mean approved or acceptable to, or satisfactory to the Engineer, unless otherwise expressly stated.

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SECTION 2

SCOPE OF WORK

2.01. INTENT OF CONTRACT DOCUMENTS
The intent of the Contract Documents is to prescribe the details for the construction and completion of the Work, which the Contractor undertakes to perform in accordance with the terms of the Contract. These General Conditions are meant to replace Division I of the State Standard Specifications for all City public works contracts which incorporate these General Conditions by reference.

Where the Specifications and Plans describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the Work involved in performing the Contract in a satisfactory and workmanlike manner.

The technical provisions are presented in sections for convenience. However, this presentation does not necessarily delineate trades or limits of responsibility. All sections of the Specifications and Plans are interdependent and applicable to the Project as a whole.

The Contract Documents are complementary, and what is called for in any one shall be as binding as if called for in all. Anything shown on the Drawings and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Drawings shall have the same effect as if shown or mentioned respectively in both. Any work shown on one Drawing shall be construed to be shown in all Drawings and the Contractor will coordinate the Work and the Drawings.

If any portion of the Contract Documents shall be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: Change Orders; Addenda; Shop Drawings, Drawings, Supplementary and Special Conditions; Designation of Subcontractors; Construction Contract; General Conditions; City of West Sacramento Standard Specifications; State of California Department of Transportation (Caltrans) Standard Specifications 2015.

Detail Drawings take precedence over General Drawings. As between schedules and other information given on Drawings, the Schedules shall govern. If an item is shown on any Drawing and not specifically included in Technical Specifications specific to this project, the Drawing shall govern. Any conflict or inconsistency between or in the drawings shall be submitted to the Engineer for clarification as soon as the Contractor becomes aware of such inconsistency.

2.02. CONTRACTOR’S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained herein.

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2.03. CHANGES IN THE WORK
(a) The City may, at any time, by written order, make changes in the Work as deemed necessary by the Engineer. Such changes include, but are not limited to:
(1) In the Specifications or Plans;
(2) In the sequence, method or manner of performance of the Work; (3) In the owner-furnished facilities, equipment, materials, services or site; and (4) Directing acceleration of the Work.
(b) If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment will be made and the Contract modified in writing accordingly.
(1) Change Orders
A change pursuant to this section will be in the form of a Change Order, which will set forth the work to be done or the method by which the change and cost adjustment, if any, will be determined, and the time of completion of the work.

Upon receipt of a Change Order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of a Change Order. A Change Order executed by the Contractor and approved by the Engineer is an executed Change Order as that term is used throughout this section.
(2) Change Order Protests
A Change Order may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in a Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) days after the receipt of such Change Order. The protest shall state the points of disagreement and, if possible, the quantities and cost involved.

If a written protest is not submitted, payment will be made as set forth in the Change Order. Such payment shall constitute full compensation for all work included therein or required thereby. Such unprotested Change Orders shall be considered as executed Change Orders.

Where the protest concerning a Change Order relates to compensation, the compensation payable for all work specified or required by said Change Order to which such protest relates will be determined in the same manner as provided in Section 2.04 of this section. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work. Where the protest concerning a Change Order relates to the adjustment of time and for completion of the Work, the time to be allowed therefor will be determined as provided in this section.

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The consent of the Contractor’s sureties shall not be required as to any change or Extra Work, and the liability of the Contractor’s Bonds shall be increased or decreased accordingly without notice to the sureties.

2.04. PROCEDURES AND ALLOWABLE COSTS ON CHANGES AND ADDITIONS TO WORK
(a) Forms of Payment
If the change in, or addition to, the Work will result in an increase in the contract sum, the City shall have the right to require the performance thereof. The compensation to be paid for any such work shall, in the City’s sole discretion, be determined in one or more of the following ways:
(1) By extension of agreed unit prices, if unit prices are required by the City’s Bid form and provided with Contractor ‘s bid;
(2) By revision of unit prices;
(3) By proposal and Acceptance of an agreed upon lump sum; and (4) On a force account basis.

Until one of the above methods is agreed on, or if the Work is to be paid for on a time and materials basis, the Contractor shall keep full and complete records of the cost of such work in the form and manner prescribed by the Engineer and shall permit the Engineer to have access to such records as may be necessary to assist in the determination of the compensation payable for such work.
(b) Lump Sum Payment
The City, in its sole and absolute discretion, may request a lump sum proposal by Contractor to perform the change in, or addition to, the Work performed. Such lump sum proposal shall be submitted by the Contractor within ten (10) days of the City’s request therefor.

Request for a lump sum proposal by City shall not be deemed an election by City to have the Work performed on a lump sum basis. Costs of preparing the proposal shall not be compensable.
(1) Contents of Lump Sum Proposal
(2) The Contractor’s proposal shall be itemized and segregated by labor and materials for the various components of the change (no aggregate labor total will be acceptable). The proposal shall be accompanied by signed proposals of any Subcontractors, which will perform any portion of the change, and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the Contractor’s estimate of the time required to perform said changes or additional work. (3) Computation of Labor Costs
The portion of the proposal relating to labor, whether by the Contractor’s forces or the forces of any of its Subcontractors, may include the projected wages of the reasonably anticipated Site labor, including foremen, who will be directly involved in the change in the Work.

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These projected wages shall not include charges for assistant superintendents, superintendents, office personnel, timekeepers and maintenance mechanics.

Labor costs may also include Contractor’s overhead and profit which shall be computed by adding to the labor costs either up to fifteen percent (15%) of the projected wages, but not payroll costs, or the labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The method of computing the overhead and profit shall be solely within the discretion of the City.

The labor surcharge, if used, shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined above. No time or charges will be allowed except when the workers are actually engaged in the proper, efficient and diligent performance or completion of the extra work as authorized. Overtime shall not be worked without prior approval of the Engineer.
(4) Computation of Equipment and Materials Costs
The portion of the proposal relating to materials may include the reasonably anticipated direct costs to the Contractor or to any of its Subcontractors of materials to be purchased for incorporation in the change in the Work. This portion of the proposal may also include transportation and applicable sales or use taxes. Up to fifteen percent (15%) of these direct costs may be included as overhead and profit for the Contractor or any such Subcontractor (such overhead and profit to include all small tools).

This portion of the proposal may further include the Contractor’s and any of its Subcontractors’ reasonably anticipated costs for the rental and operation of prime construction and automotive equipment furnished and used in connection with the change in the Work. The equipment rental and operation rates used shall be the latest edition of the Department of Transportation, Division of Construction, Equipment Rental Rates. These costs shall not include charges for listed equipment or major tools with a new cost of five hundred dollars ($500.00) or less. No time charges shall be allowed except for equipment actually used for the proper and efficient performance or completion of the authorized change in the Work. (5) Subcontractors
The lump sum proposal may include up to five percent (5%) of the amount, which the Contractor will pay to any of its Subcontractors for the change in the Work as allowable overhead and profit to the Contractor.
(6) Failure to Submit Lump Sum Proposal
In the event that the Contractor fails to submit its proposal within the designated period, the Engineer may direct the Contractor to proceed with the change or addition to the Work and the Contractor shall so proceed. The Engineer shall unilaterally determine the reasonable costs and time to perform the work in question, which determination shall be final and binding upon the Contractor.
(7) Failure to Agree on Lump Sum Amount
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the Engineer and City do not elect to have the change in the Work performed on a time and material basis, the Engineer and City shall make a unilateral determination of the reasonable cost and time to perform the change in the Work, based upon their own estimates, the Contractor’s submission or combination thereof. In such instances, a Change Order shall be issued for the amount of costs and time determined by the Engineer and the City and shall become binding upon the Contractor unless the Contractor submits its protest in writing to the City within thirty (30) days of the issuance of the Change Order. The City has the right to direct the Contractor in writing to perform the change in the Work, which is the subject of the Change Order. Failure of the parties to reach agreement regarding the costs and time of performing the change in the Work and/or any pending protest shall not relieve the Contractor from performing the change in the Work promptly and expeditiously.
(c) Payment by Unit Prices
If any of the items included in the lump sum proposal are covered by unit prices contained in the contract document, the City may, if it requires the change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No overhead and profit shall be applied to any unit prices. (d) Payment on a Force Account Basis
If the City elects to have the change or addition to the Work performed on a force account basis, the Work shall be performed, whether by the Contractor’s forces or the forces of any of its Subcontractors or Sub-Subcontractors, and payment shall be made subject to the following provision. The Contractor will be paid the direct costs of the labor, equipment and materials used in performing the force account work determined as hereinafter provided. (1) For labor, the Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer or Project Manager) used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor or any or any Subcontractor of any tier, shall be actual wages, including basic hourly wage, health and welfare payments and pension payments incurred in performing the force account work, plus any travel and subsistence payments for the workers performing such work and made necessary thereby. To the actual wages shall be added a labor surcharge as set forth in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, as in effect on the date the work is performed. The labor surcharge shall be deemed to encompass the City’s entire liability to reimburse the Contractor for workers compensation insurance payments, social security payments, Medicare payments, federal unemployment insurance payments, state unemployment insurance payments and state training taxes, made necessary by the force account work.
(2) For equipment, the Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date the work is performed, regardless of ownership or any rental agreement entered into by Contractor for such equipment. The rental rate paid in accord with said publication shall be deemed to include the cost of fuel, oil, lubrication, supplies, small tools, attachments, repairs and maintenance, depreciation, storage and insurance for said equipment. Rental time will not be paid when equipment is inoperable due to breakdowns, repairs or maintenance. Payment for loading, transporting and unloading time will be in accordance with the State Standard Specifications DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 143
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applicable to loading, transporting and unloading equipment for force account work, as applicable as of the date the equipment is loaded, transported or unloaded. (3) For materials used in the work, the City will pay for materials furnished by the Contractor and necessarily used in the force account work. Prior to markups as set forth below, the amount paid shall be the price paid by the actual purchaser to the actual supplier plus any necessary actual costs of handling the materials.

Contractor may add fifteen percent (15%) to the total labor, equipment and material charges as the total overhead and profit to the entity or entities actually performing the force account work. If the entity or entities actually performing the work are Subcontractors or Sub-Subcontractors, the Contractor shall be allowed five percent (5%) of the total charge of the performing entity or entities (including mark- up) as Contractor’s mark-up. No other mark-ups shall be allowed hereunder.

The Contractor shall submit to the City daily work and material tickets, to include the identification number assigned to the change in the Work, the location and description of the change in the Work, the classification of labor employed (and names and social security numbers), hours expended, the material used, the equipment rented (not tools) and such other evidence of cost as the City may require. The City may require authentication of all time and material tickets and invoices by persons designated by the City for such purpose. The failure of the Contractor to secure any required authentication shall, if the City elects to treat it as such, constitute a waiver by the Contractor of any claim for the cost of that portion of the Change in the Work covered by a non-authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice by the City shall not constitute an acknowledgment by the City that the items thereon were reasonably required for the Change in the Work. (e) Limitations on Changes
The Contractor shall not be entitled to any amount for indirect costs, damages or expenses of any nature, including, but not limited to, so-called “impact” costs, labor inefficiency, wage, material or other escalations beyond the prices upon which the proposal is based and to which the parties have agreed pursuant to the provisions of this section, and which the Contractor, its Subcontractors and Sub-Subcontractors or any other person may incur as a result of delays, interferences, suspensions, changes in sequence or the like, for whatever cause, whether reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable, arising from the performance of any and all changes in the work performed pursuant to this section. It is understood and agreed that the Contractor’s sole and exclusive remedy in such event shall be recovery of its direct costs as compensable hereunder and an extension of the time of the Contract, but only in accordance with the provisions of the Contract Documents.

It is expressly agreed that Contractor shall not be entitled to claim damages for anticipated profits on any portion of the Work that may be deleted.

The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section 3.20 to audit Contractor’s as-Bid profit in connection with any deductive change, to arrive at a final adjustment. Contractor’s as-Bid profit shall be reduced pro rata according to the proportion of the original contract value less as-Bid profit, represented by the work deleted.

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The City reserves the right to contract with any person or firm other than the Contractor for any or all Extra Work.

2.05. UNILATERAL CHANGE IN OR ADDITION TO THE WORK
Notwithstanding the above, the City, directly or through the Engineer, may direct the Contractor in writing to perform changes in or additions to the scope of the Contract. The Contractor shall perform such work and the parties shall proceed pursuant to the provisions of Section 2.04.

2.06. DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
(a) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25110.02 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; or (b) Subsurface or latent physical conditions at the Site differing from those indicated in the Contract Documents; or
(c) Unknown conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The Engineer shall thereupon promptly investigate the conditions. If the Engineer finds that they do involve hazardous waste, or do materially differ and cause an decrease or increase in the Contractor’s cost or time of performance, the Engineer will issue a change order as appropriate. Any increase or decrease of cost resulting from such changes shall be adjusted in the manner provided in Section 2.04 for adjustments as to extra and/or additional work and changes. In the event that a dispute arises between the City and the Contractor, whether the conditions materially differ, or involve hazardous waste, or cause and decrease or increase the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided by the Contract, but shall proceed with all work to be performed under the Contract, the procedures applicable to claims for extra costs shall then apply.

2.07. CLAIMS FOR EXTRA COSTS
(a) Notice of Potential Claims
(1) It is hereby mutually agreed that the Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor provides the Engineer with written notice of the potential claims as hereinafter specified.

Compliance with this section, however, shall not be a prerequisite as to matters within the scope of the protest provisions in Section 2.03.

The written notice of potential claims shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required shall be given to the Engineer prior to the time that the Contractor commences DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 145
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performance of the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within ten (10) days after the happening of the event, thing or occurrence giving rise to the potential claim. (b) Construction Dispute
(1) The Contractor may submit a dispute to the Engineer concerning any matter for which a protest under Section 2.03, or a notice of potential claim, is filed. Such disputes, or potential claims, shall be submitted to the Engineer within sixty (60) days following the submission of said protest or notice, unless, due to the nature of the dispute or the uncompleted state of the Work, it is impracticable to determine the amount or the extent of the claim within such period. In such cases, disputes shall be submitted at the earliest practicable time in which such a determination can be made. In any event, all disputes shall be filed on or before the date of the final release by the Contractor as provided for in Section 7.09. (2) All disputes shall be in writing and shall set forth clearly and in detail, for each item of additional compensation requested, the reasons for the dispute, reference to applicable provisions of the Specifications, the nature and the amount of the cost involved, the computations used in determining such costs, all pertinent factual data and all the documents necessary to substantiate the dispute. The Contractor shall maintain complete and accurate records of the cost or any portion of the Work for which additional compensation is claimed, and shall provide the Engineer with copies thereof, as required. The Engineer shall provide a written decision to the dispute or potential claim as soon as practicable but not later than 30 days following receipt thereof.
(c) Resolution of Construction Claims
(1) To the extent that the Contractor disputes the Engineer’s Written Decision issued pursuant to Section 4.07(b)(2), or to the extent the Engineer fails to issue a timely written decision, the Contractor may file a written claim, as defined by Public Contract Code section 9204(c)(1), with the City including reasonable documentation to support the claim. Upon receipt of the claim, the City shall conduct a reasonable review of the claim, and within a period not to exceed 45 days, the City shall provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. The time in which the City must provide a written statement may be extended by mutual agreement of the parties as specified by Public Contract Code section 9204(d)(1)(C). The City shall pay any undisputed portion of the claim within 60 days after issuance of its written statement. (2) Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:

Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code section 12650, et. seq., the undersigned,

Nicholas Jones

(Title)

Ford Construction Company, Inc.

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hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.

Dated:
/s/
Subscribed and sworn before me this _____ day
of

Notary Public
My commission expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of any independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.

Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. (3) Meet And Confer Regarding Unresolved Claims. If the Contractor disputes the City’s written statement issued pursuant to Section 4.07(c)(1) or if the City fails to issue a timely written response, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. Within 10 business days following the conclusion of the meet and confer conference, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. The City shall pay any undisputed portion of the claim within 60 days after it issues its written statement. (4) Mediation. If the Contractor disputes, in writing, any portion of the City’s written statement as issued under Section 4.07(c)(3), the disputed items shall be submitted to nonbinding mediation according to the provisions of Public Contract Code section 9204(d)(2), and any costs of mediation shall be allocated as set forth in that section. Upon receipt of a claim, the City and the Contractor may agree to waive, in writing, mediation. (5) Failure to Respond or Pay. If the City fails to timely respond to a claim from the Contractor or otherwise fails to meet the time requirements of Public Contract Code section 9204, the claim shall be deemed rejected in its entirety. Additionally, amounts not timely paid in the manner required by Public Contract Code section 9204 shall bear interest at 7 percent per annum.

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(6) Subcontractor Claims. If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of the Subcontractor or lower tier Subcontractor pursuant to Public Contract Code section 9204(d)(5).

2.08. CIVIL ACTION PROCEDURES
(a) Alternative Dispute Resolution of Claims of $375,000.00 or Less. (1) Claims Less Than $375,000.00. Notwithstanding any other provision herein but after compliance with the provisions of Public Contract Code section 9204 as set forth in Section 4.07, claims of $375,000.00 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contract Code section 20104 et seq. “Claim” for this purpose means a separate demand by the Contractor for a time extension, payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, for which payment is expressly provided, or the Contractor is otherwise entitled to, or an amount the payment of which is disputed by the City. (2) Submission of Claims Less than $375,000.00. The Contractor shall submit its claim of $375,000.00 or less to the City in writing, within the time frames established under paragraph 4.07, but no later than before the final payment is made. The City shall respond within the time provided by statute. If the Contractor disagrees with the response or the City fails to respond within the time permitted, the Contractor shall notify the City of the disagreement in writing within fifteen (15) days from the date of the response or expiration of the time permitted to respond and demand a meet-and-confer conference. The City shall schedule a meet-and-confer conference within thirty (30) days of the demand. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. If not resolved at the meet-and-confer conference, the Contractor may initiate a civil action as set forth in Public Contract Code section 20104 et seq., including but not limited to compliance with applicable Government Code provisions.
(3) Time Limits Not Extended. Nothing in subdivision (a) of Public Contract Code section 20104.2 shall extend the time limit or supersede the notice requirements provided in this Contract for filing claims by the Contractor.
(b) Alternative Dispute Resolution of Claims in Excess of $375,000.00.

As a condition precedent to the initiation of litigation, disputes in excess of a total value of $375,000.00 shall first be submitted to the claims procedures set forth in Sections 4.06 and

4.07. 2.09. GUARANTEE
(a) In addition to warranties, representations and guarantees stated elsewhere in the Contract Documents, the Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace the same at its sole cost and expense, and to the satisfaction of the Engineer, any and all materials which may be defective or improperly installed.
(b) The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other work, which may be damaged or displaced in so doing.

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(c) In the event of failure to comply with the above stated conditions within a reasonable time, the City is authorized to have the defect repaired and made good at the expense of the Contractor who will pay the costs and charges therefore immediately upon demand, including any reasonable management and administrative costs, and engineering, legal and other consultant fees incurred to enforce this section. (d) The signing of the Contract by the Contractor shall constitute execution of the above guarantees. Except as otherwise provided in this Contract, the guarantees and warranties shall remain in effect for a period of one (1) year after final Acceptance of the Work by the City.

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SECTION 3

CONTROL OF WORK

3.01. AUTHORITY OF ENGINEER
(a) The Engineer is the representative of the City and has full authority to interpret the Contract Documents, to conduct the construction review and inspection of the Contractor’s performance, and to decide questions, which arise during the course of the Work and the Engineer’s decisions on these matters, shall be final and conclusive. The Engineer has the authority to reject all work and materials, which do not conform to the Contract Documents, and has the authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Engineer’s failure to stop the Work shall not obligate the City to accept defective or otherwise unacceptable work or otherwise affect the Engineer’s or City’s authority to reject work for any reason set forth in the Contract Documents. (b) If at any time the Contractor’s work force, tools, plant or equipment appear to the Engineer to be insufficient or inappropriate to secure the required quality of work or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, improve their character, to augment their number or to substitute other personnel, new or additional tools, plant or equipment, as the case may be, and the Contractor shall comply with such order.

Neither the failure of the Engineer to demand such increase of efficiency, number, or improvement, nor the compliance by the Contractor with the demand, shall relieve the Contractor of its obligation to provide quality work at the rate of progress necessary to complete the Work within the specified time.
(c) The Engineer may authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time. These may be accomplished by a Field Order. Contractor shall comply promptly with all Field Orders. If the Engineer and Contractor are unable to agree on entitlement or on the amount or extent, if any, of any adjustment in the Contract Price or Contract time, or cost, as a result of a Field Order, a claim may be made therefor pursuant to Section 2.07. (d) Any order given by the Engineer, not otherwise required by the Contract Documents to be in writing shall, on request of the Contractor, be given or confirmed by the Engineer in writing.
(e) Whenever work, methods of procedure, or any other matters are made subject to direction or approval, such direction or approval will be given by the Engineer.

3.02. DRAWINGS
(a) Drawings furnished herewith are for bidding purposes. The Engineer will furnish the Contractor, free of charge, copies of full size Drawings which are reasonably necessary for the execution of the Work. The Contractor shall have no claim for excusable delay on account of the failure of the Engineer to deliver such Drawings, unless the Engineer shall have failed to deliver the same within two weeks after receipt of written demand therefore from the Contractor.

The Contractor shall keep one copy of said Drawings, in good order, available to the Engineer and the Engineer’s representatives, and convenient to the working site. (b) If the Contractor, in the course of the Work, finds any discrepancy between the Drawings and the physical condition of the locality, or any errors or omissions in the Drawings, DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 150
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or in the layout as given by points and instructions, it shall be the Contractor’s duty to inform the Engineer in writing, and the Engineer will promptly verify the same.

Any work done after such discovery, until authorized, will be done at the Contractor’s risk. All Drawings, Specifications, and copies thereof furnished by the Engineer are the property of the Engineer and shall not be reused on other work and, with the exception of the signed Contract sets, are to be returned to the Engineer, on request, at the completion of the Work. All models are the property of the City.
(c) The Drawings shall be supplemented by such Shop Drawings prepared by the fabricator and/or supplier and Working Drawings prepared by the Contractor as are necessary to adequately control the Work. No changes shall be made by the Contractor in any Shop or Working Drawings after they have been reviewed by the Engineer, if the Engineer deems that no further submittals are necessary. The Contractor shall not commence the layout, purchase, fabrication, or construction of any work for which Shop or Working Drawings are required until Engineer has reviewed the specifications and drawings and has indicated in writing no further submittals are required for compliance with the Contract Documents. (d) Shop and Working Drawings for any structure shall include, but not be limited to, detail design calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc., which shall be reviewed and accepted by the Engineer before any such work is performed.
(e) Shop and Working Drawings will be required for cribs, cofferdams, falsework, centering and form work and for other temporary work and methods of construction the Contractor proposes to use. Such Drawings shall be subject to the review and Acceptance of the Engineer insofar as the details affect the character of the finished work, but details of design will be left to the Contractor who shall be responsible for the successful construction of the Work.
(f) Contractor agrees that Shop and/or Working Drawings processed by the Engineer are not Change Orders; that the purpose of these Drawings submitted by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that the Contractor demonstrates its understanding by indicating which equipment and material the Contractor intends to furnish and by detailing the fabrication methods it intends to use. It is expressly understood, however, that favorable review of the Contractor’s Shop and Working Drawings shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreements of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of its Drawings with the Specifications. Contractor further agrees that if deviations, discrepancies or conflicts between Shop and/or Working Drawings and Specifications are discovered either prior to or after the Drawings are processed by the Engineer, the Specifications shall control and shall be followed.
(g) Unless otherwise stated, the Engineer shall have thirty (30) days from the date of receipt of Shop and/or Working Drawings for review.
(h) Full compensation for furnishing all Shop and/or Working Drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefore. Any cost related to the Engineer’s review of any particular set of Shop and/or Working Drawings more than twice, due to incompleteness or unacceptability, shall be borne by the Contractor, and the City reserves the right to withhold such costs from payments due the Contractor.

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(i) All reasonable effort has been made to locate and delineate all known structures and facilities on the plans. Except as otherwise provided herein, the City of West Sacramento shall assume no responsibility for the completeness or accuracy of its delineation of underground utilities nor the existence of other buried objects which may be encountered, or which are not shown on the plans.
(j) The Contractor shall keep and maintain a clean set of plans for the project and shall record in red ink all changes, revisions, etc. made during the course of construction. These plans shall include all changes, revisions, etc. from the original plan complete with the exact sizes, locations, dimensions, elevations, etc. These plans shall be kept and maintained in a neat, clean and legible condition and shall be available for inspection at all times by the Engineer. The Contractor shall deliver these completed plans to the Engineer and the Engineer shall approve these plans prior to final Acceptance of the project by the City.

3.03. CONSTRUCTION STAKING AND SURVEYS
The City will provide one set of construction stakes and benchmarks as it deems necessary to establish lines and grades required for the completion of the site work specified in the Contract. The Contractor shall notify the Engineer a minimum of seven (7) days in advance of the time work is to begin on any portion of the project that may require construction staking to be provided by the City. The Contractor shall make all other surveys necessary for the completion of the Work.

Alternatively, the Engineer may provide the Contractor with drawings showing benchmarks and reference points as it deems necessary to establish lines and grades required for the completion of the site work specified in the Contract Documents. The Contractor shall make or furnish all surveys and set all construction stakes necessary for the completion of the work.

Stakes and marks set by the City or Engineer shall be carefully preserved by the Contractor. The Contractor shall be charged for the cost of replacing or restoring the stakes and marks, which are destroyed or damaged by Contractor’s operation. This charge will be deducted from any monies due or to become due to the Contractor under the Contract.

3.04. PERMITS AND REGULATIONS
Permits and licenses, of a temporary nature, necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified.

The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as shown on the plans and described in the Specifications. Contractor shall promptly notify the Engineer in writing of any specification at variance therewith. In such instances, any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, Contractor shall bear all costs arising therefrom.

3.05. CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on Contract Documents. Although DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 152
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measurement, sampling, and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. The Engineer’s decision as to any allowable deviations therefrom shall be final and conclusive.

3.06. COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS (a) Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Specifications and Plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Specifications and Plans, reference shall be made to the Engineer, whose decision thereon shall be final and conclusive.
(b) Any reference made in the Specifications and Plans to any specification, standard, method, or publication of any scientific or technical society or other organization shall, in the absence of a specific designation to the contrary, be understood to refer to the specification, standard, method, or publication in effect as of the date that the Work is advertised for Bids.

3.07. SUBCONTRACTORS
(a) The attention of the Contractor is directed to the provisions of California Public Contract Code sections 4100-4113 regarding subcontracting and said provisions are by this reference incorporated herein and made a part hereof.
(b) Each subcontract shall contain a suitable provision for the suspension or termination thereof should the Work be suspended or terminated or should the Subcontractor neglect or fail to conform to every provision of the Contract Documents insofar as such provisions are relevant. The Contractor shall be fully responsible to the City for the acts or omissions of the Contractor’s Subcontractors and of the persons either directly or indirectly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the City. If a legal action, including arbitration and litigation, against the City is initiated by a Subcontractor or Supplier, the Contractor shall reimburse the City for the amount of legal, engineering and all other expenses incurred by the City in defending itself in said action. (c) The City and the Engineer reserve the right to approve all Subcontractors.

Such approval shall be a consideration to the awarding of the Contract and unless notification to the contrary is given to the Contractor prior to the signing of the Contract, the list of Subcontractors which is submitted with the Contractor’s proposal will be deemed to be acceptable. Contractor shall not, without the written consent of the City, subcontract the whole of the Work.

3.08. COOPERATION OF CONTRACTORS
(a) Should construction be under way by other forces or by other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserve d to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.

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(b) When two or more contractors are employed on related or adjacent work, each shall conduct its operation in such a manner as not to cause any unnecessary delay or hindrance to the other. Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by its operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.

3.09. SUPERINTENDENCE
(a) The Contractor shall designate in writing, before starting work, an individual as authorized representative who shall have the authority to represent and act for the Contractor.

This authorized representative shall be present at the Site of the Work at all times while work is actually in progress on the Contract. When the Work is not in progress and during periods when the Work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work, which may be required.
(b) The Contractor is solely responsible, at all times, for the superintendence of the Work and for its safety and progress.
(c) Whenever the Contractor or its authorized representative is not present on any particular part of the Work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. (d) Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing.

3.10. INSPECTION OF WORK
(a) Unless otherwise provided, all equipment, materials, and work shall be subject to inspection and testing by the Engineer. The Engineer will observe the progress and quality of the Work and determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Engineer shall not be required to make comprehensive or continuous inspections to check the quality of the Work. The Engineer shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of Contractor’s obligation to conduct comprehensive inspections of the Work and to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
(b) Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer shall be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Engineer and other agents of the City, and agents of the federal, state, or local governments at all reasonable hours for inspection by such agencies to ascertain compliance with laws and regulations.
(c) One or more inspectors may be assigned to observe the Work by the Engineer and to act in matters of construction under this Contract. It is understood that inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. Such inspection shall not relieve the Contractor of the Contractor’s obligation to conduct comprehensive inspections of the Work, to furnish proper materials, labor, equipment DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 154
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and tools, and perform acceptable work, and to provide adequate safety precautions in conformance with the intent of the Contract.
(d) The Engineer and the Engineer’s representatives shall at all times have access to the Work wherever it is in preparation or progress, and the Contractor shall provide safe and convenient facilities for such access and for inspection. If the Specifications, the Engineer’s instructions, laws, ordinances, or any public authority require any material, equipment or work to be specifically tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the City, of the time fixed for inspection. Inspections by the Engineer will be made promptly and, where practicable, at the source of supply.
(e) Work performed without inspection may be required to be removed and replaced under proper inspection. In such instances, the entire cost of removal and replacing, including the cost of City-furnished materials used in the Work, shall be borne by the Contractor, regardless of whether or not the Work exposed is found to be defective. Examination of questioned work, other than that installed without inspection, may be ordered by the Engineer and, if so ordered, the Work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the City will pay the cost of re-examination and replacement. If such work is found to be not in accordance with the Contract Documents, the Contractor shall pay such cost, unless the Contractor can show that the defect in the Work was caused by another Contractor , and in that event the City will pay such costs. (f) The inspection of the Work shall not relieve the Contractor of the Contractor’s obligation to fulfill the Contract as herein prescribed, or in any way alter the standard of performance provided by the Contractor, and defective work shall be made good and unusable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the Work or any part thereof shall be found defective, the Contractor shall, within ten (10) calendar days, make good such defect in a manner satisfactory to the Engineer. If the Contractor fails to make ordered repairs of defective work or to remove the condemned materials from the Work within ten (10) calendar days after written direction by the Engineer, the City may make the ordered repairs, or remove the condemned materials, and deduct the cost thereof from any monies due the Contractor.
(g) The Contractor shall furnish promptly, without additional charge, all facilities, labor and materials reasonably needed by the Engineer for performing all inspection and tests.

Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection. (h) Where any part of the Work is being done under an encroachment permit or building permit, or is subject to federal, state, county or city codes, laws, ordinances, rules or regulations, representatives of the government agency shall have full access to the Work and shall be allowed to make any inspection or tests in accordance with such permits, codes, laws, ordinances, rules, or regulations. If advance notice of the readiness of the Work for inspection by the governing agency is required, the Contractor shall furnish such notice to the appropriate agency.
(i) The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer’s authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials.

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Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply.

3.11. TESTS
The Contractor shall perform, at the Contractor’s own expense, all tests specified or required by the Specifications. The Engineer may perform such tests as the Engineer deems necessary to determine the quality of work or compliance with Contract Documents. The Contractor shall furnish promptly without additional charge all facilities, labor, and material reasonably required for performing safe and convenient tests as may be required by the Engineer. All tests by the Engineer will be performed in such a manner as will not unnecessarily delay the Work. The Contractor shall not be required to reimburse the City for tests performed by the City or Engineer. If samples of materials are submitted which fail to pass the specified tests, the Contractor shall pay for all subsequent tests.

3.12. REMOVAL OF REJECTED AND UNAUTHORIZED WORK AND MATERIALS (a) All work or materials, which have been rejected, shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation shall be allowed the Contractor for such removal, replacement, or remedial work. (b) Any work done beyond the lines and grades shown on the plans or established by the Engineer or any Extra Work done without written authority will be considered as unauthorized work and will not be paid for. Upon order of the Engineer, unauthorized work shall be remedied, removed, or replaced at the Contractor’s expense. (c) Upon failure of the Contractor to comply with any order of the Engineer made under this section, the City may cause rejected or unauthorized work to be remedied, removed, or replaced, and may deduct the costs therefore from any monies due or to become due the Contractor.

3.13. DEDUCTIONS FOR UNCORRECTED WORK
If the Engineer deems it inexpedient to correct work damaged or not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore, and such sum may be withheld by the City from Contractor’s payment.

3.14. EQUIPMENT AND PLANTS
(a) Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the Project.
(b) Plants will be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of sufficient material to carry the Work to completion within the time limit.
(c) The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer, shall remove unsuitable equipment from the Work and discontinue the operation of unsatisfactory plants. Contractor shall, upon request of the Engineer, submit one or more lists identifying, by make, model number, Contractor ‘s identification number and empty gross weight, each piece of operable equipment used for the Work. Contractor shall, upon request of the Engineer, submit DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 156
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documentation establishing that any measuring device used for the Work has been tested and properly approved under California Test 109.
(d) In the case of termination of this Contract before its completion for any cause whatsoever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of its equipment and supplies from the property of the City. If the Contractor fails to do so, the City shall have the right to remove such equipment and supplies at the expense of the Contractor.

3.15. CHARACTER OF WORKER
If any Subcontractor, or person employed by the Contractor or any Subcontractor fails or refuses to carry out the directions of the Engineer or appears to the Engineer to be incompetent or to act in a disorderly or improper manner, said person shall be removed from the Project immediately on the requisition of the Engineer. That person shall not again be employed on the Work. Such discharge shall not be the basis for any claim for compensation or damages against the City, or any of its officers or agents.

3.16. SEPARATE CONTRACTS
(a) The City reserves the right to let other contracts in connection with this Work.

The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate Contractor’s work with the other Contractor ‘s work. (b) If any part of the Contractor’s work depends on proper execution or results upon the Work of any other Contractor , the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. The Contractor’s failure to inspect and report shall constitute an Acceptance of the other Contractor ‘s work as fit and proper for the reception of the Contractor’s work, except as to defects which may develop in the other Contractor ‘s work after the execution of the Contractor’s work.
(c) To insure the proper execution of Contractor’s subsequent work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the Drawings.

3.17. ASSIGNMENT
The Contractor shall not assign the Contract or sublet it as a whole or in part without the written consent of the City, nor shall the Contractor assign any monies due, or to become due to the Contractor hereafter without the prior written consent of the City.

3.18. USE OF COMPLETED PORTIONS, RIGHT TO OPERATE UNSATISFACTORY

EQUIPMENT OR FACILITIES
(a) The City may, at any time, and from time to time, during the performance of the Work, enter the Work Site for the purpose of installing any necessary work by City labor or other contracts, and for other purpose in connection with the installation of facilities. In doing so, the City shall endeavor not to interfere with the Contractor and the Contractor shall not interfere with other work being done by or on behalf of the City.

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(b) If, prior to completion and final Acceptance of all the Work, the City takes possession of any structure or facility (whether completed or otherwise) comprising a portion of the Work with the intent to retain possession thereof (as distinguished from temporary possession contemplating the return to the Contractor), then, while the City is in possession of the same, the Contractor shall be relieved of liability for loss or damage to such structure other than that resulting from the Contractor’s fault or negligence. Such taking of possession by the City shall not relieve the Contractor from any provisions of this Contract regarding such structure, other than to the extent specified in the preceding sentence, nor shall such taking constitute a final Acceptance of such structure or facility. (c) If, following installation of any equipment or facilities furnished by the Contractor, defects requiring correction by the Contractor are found, the City shall have the right to operate such unsatisfactory equipment or facilities and make reasonable use thereof until the equipment or facilities can be shut down for correction of defects without injury to the City.

3.19. LANDS FOR WORK, RIGHT-OF-WAY CONSTRUCTION ROADS
(a) The City will provide the lands, easements, right-of-way, and/or encroachment permits necessary or other rights to enter and work on lands necessary for the performance of the Work. Other permits and licenses are addressed by Section 3.04. Should the Contractor find it advantageous to use any additional land for any purpose whatever, the Contractor shall provide for the use of such land at its expense. The Engineer shall be furnished with a copy of written agreements or otherwise be notified in writing of additional working space which is acquired. Nothing herein contained and nothing marked on the Plans shall be interpreted as giving the Contractor exclusive occupancy of the territory provided by the City. When two or more contracts are being executed at one time on the same or adjacent land in such a manner that work on one contract may interfere with that on another, the Engineer shall decide which Contractor shall cease work, and which shall continue, or whether the work on both contracts shall progress at the same time and in what manner, and the decision of the Engineer shall be final and binding. When the territory of one contract is the necessary or convenient means of access for the performance of another contract, such privilege of access or any other reasonable privilege may be granted by the Engineer to the Contractor so desiring, to the extent, amount, in the manner, and at the time permitted. No such decision as to the method or time of conducting the Work or the use of territory shall be the basis of any claim for delay or damage.
(b) Lands, easements or rights-of-way to be furnished by the City for construction operations will be specifically shown on the Plans.
(c) The Contractor shall construct and maintain all roads necessary to reach the various parts of the Work and for the transportation thereto of construction material and personnel. The cost of constructing and maintaining such roads shall be borne by the Contractor.

3.20. CITY’S RIGHT TO AUDIT AND PRESERVATION OF RECORDS (a) The Contractor shall maintain books, records and accounts of all costs in accordance with generally accepted accounting principles and practices. The City and its authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions:
(1) The Contract is terminated for any reason in accordance with the provisions of the Contract Documents in order to arrive at equitable termination costs; DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 158
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(2) In the event of a disagreement between the Contractor and the City over the amount due the Contractor under the terms of the Contract; (3) To check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor’s efficiency or effectiveness under this Contract or in connection with extras, changes, claims, additions, backcharges, or others, as may be provided for in this Contract;
(4) If it becomes necessary to determine the City’s rights and the Contractor’s obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the City; (5) To determine any difference in cost occasioned by a permissible substitution;
(6) And/or for any other reason in the City’s sole judgment. (b) Contractor shall provide the City (or its representatives), unlimited, reasonable access during working hours to the Contractor’s books and records. The City’s audit rights shall be liberally construed in the City’s favor.
(c) The Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to the City for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor (but without any charge to the City), all its books, records, documents, photographs, micro-photographs, and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the Work hereunder.
(d) The City will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the City’s option, either during the Contract time period or during the record retention time period. Regardless of authorization, approval or acceptance, signatures or letters which are given by the City and are part of the City’s control systems or are requested by the Contractor, the payments made under this Contract shall not constitute a waiver or agreement by the City that it accepts as correct the billings, invoices or other charges on which the payments are based. If the City’s audit produces a claim against the Contractor, the City may pursue all its legal remedies even though it has made all or part of the payments required by this Contract. (e) If any audit by the City or its representative discloses an underpayment by the City pursuant to the terms of the Contract Documents, the City shall have the duty to pay any amount found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the City for the amount of the overpayment. The City’s right to claim reimbursement from the Contractor of any overpayment shall not be terminated or waived until three years after the completion of the City’s audit or upon the termination of audit rights under subparagraph 3.20(f), whichever date is later. The obligation of the Contractor to make reimbursements hereunder shall not terminate except as provided by law.
(f) The City’s right to audit and the preservation of records shall terminate at the end of three (3) years after the date final payment is made or termination of the Contract. The Contractor shall include this “Right to Audit and Preservation of Records” clause in all subcontracts issued by it and it shall require the same to be inserted by all lower tier Subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 159
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include this clause in any such contract or lower tier contract, or otherwise fail to insure the City’s rights hereunder, Contractor shall be liable to the City for all costs, expenses and attorney’s fees which the City may have to incur obtaining or attempting to obtain an audit or inspection of or the restoration of records which otherwise would have been available to the City from said persons under this clause. Such audit may be conducted by the City or its authorized representative.

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SECTION 4

CONTROL OF MATERIALS

4.01. MATERIALS
(a) Unless otherwise specifically stated in the Specifications, the Contractor shall furnish all materials necessary for the execution and completion of the Work. Unless otherwise specified, all materials shall be new and shall be manufactured, handled, and installed in a workmanlike manner to insure completion of the Work in accordance with the Contract Documents. The Contractor shall, upon request of the Engineer, furnish satisfactory evidence as to the kind and quality of materials.
(b) Where materials are to be furnished by the City, the type, size, quantity and location at which they are available will be stated in the Contract Documents. (c) Manufacturers’ warranties, guarantees, instruction sheets and parts listed, which are furnished with certain articles or materials incorporated in the Work, shall be delivered to the Engineer before Acceptance of the Contract.

4.02. STORAGE OF MATERIALS
Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.

4.03. TRADE NAMES AND ALTERNATIVES
Whenever a material, article, system or sub-system is specified or described by using the name and/or model of a proprietary product or trademark or the name of the manufacturer or vendor, the specified item shall establish the type, function, and quality required. It shall be understood that the words “or approved equivalent” are implied whether or not they follow the proprietary enumeration.

The City reserves the right to determine when proprietary items have no equivalency, and when uniformity of operations, interchangeability of parts, standard parts inventory, etc., are in the City’s best interest.

Requests for review of equivalency will be considered upon submission of sufficient information as described herein, to allow complete review. Such requests shall not be accepted from anyone other than the Contractor. Such submission must be made prior to purchase, fabrication, manufacture or use of the equivalent items under consideration. (a) Contractor’s Risk. If the Contractor includes in its Bid or later proposes any material, product or equipment that the Contractor considers equivalent to that specified, the Contractor assumes all risk of any sort associated with Acceptance or rejection of proposed equivalent items. The Contractor shall have no right to make claim based upon Contractor’s Bid that includes a proposed equivalent item(s) of work which resulted in a lower Bid amount for said item(s) or lower total bid.
(b) Submission Requirements. Each submission for equivalency review shall include:

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(1) Justification for use of the proposed equivalent item(s), including evidence, as applicable, that Contract specified material, product or equipment is unobtainable or unobtainable within an acceptable time for contract completion; (2) A description of the difference between specified item(s) and proposed equivalent item(s) and the comparative advantages and disadvantages of each; (3) All relevant data addressing each specified parameter to show equivalency;
(4) A prediction of any effects the proposed change will have on operation and maintenance costs where applicable.
(c) Equivalency. An item will be considered equivalent to the item specified if it is equal to or better in:
(1) Design and strength in all sub-parts, quality, reliability and durability, operation, maintenance and serviceability, as applicable; and (2) Specified parameters in performance in all respects for the specific function(s) indicated in the contract.
(d) Supplemental Requirements. Any tests required by the City to establish quality and performance standards shall be promptly conducted by or through the Contractor at no additional cost to the City. In addition, the Contractor shall:
(1) Submit any additional data requested by the Engineer for the equivalency review; and
(2) Satisfactorily accomplish all changes, including any Engineering associated with use of equivalent items, at no additional cost to the City. (e) Equivalency Determinations. The Engineer shall be the sole judge as to equivalency determinations. The Engineer’s decision shall be final. The Contractor shall have no right of appeal to any decision rejecting the equivalency of any item. (f) Procedure.
(1) Data substantiating a request for a substitution of “an equal” item shall be submitted prior to the Award of the Contract pursuant to Section 3400 of the latest edition of the Public Contract Code.
(2) After the Bid opening, the apparent three low bidders shall have seven (7) calendar days to provide complete substantiating data for all product, material or system substitution requests. After this seven (7)-day period, the City may award the Contract to the apparent low bidder. In no event will product, material or system substitution requests submitted after the Award of Contract be considered. Failure to submit such substantiating data will result in the automatic rejection of the proposed substitution request. The City will have thirty (30) days to review the first ten (10) proposed substitution requests. For each additional five (5) product, material or system substitution requests over and above the initial ten (10), the City will have ten (10) additional days to review the proposed substitution requests.

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(3) Each substitution request may include one alternate substitution. All alternate substitutions shall be submitted concurrently with substitution requests. Upon review by the City, proposed substitutions shall be returned to the Bidder marked either “accepted” or “rejected”. The City shall only review alternative substitution requests if the primary substitution request is rejected. If a substitution request, and its alternative, is returned “rejected”, no further substitution requests for that product, material or system will be allowed and the Bidder will provide the specified product, material or system.
(4) If, after all substitution requests have been processed, substitution requests by the apparent low Bidder are rejected by the City, the apparent low Bidder may elect not to execute the Contract. Under no circumstances, will bidders be allowed to alter their Bid Price as originally submitted. This election shall be made in writing no later than five (5) days following the receipt of the reviewed substitution requests. An election by the Bidder not to execute the Contract will result in the forfeiture of the bidder’s Bid bond. If the apparent low Bidder elects not to continue, and the second low Bidder is awarded the Contract, the second low Bidder may then elect not to execute the Contract for the contract price shown on its Bid Form. Subsequent bidders shall have five (5) days following the receipt of the reviewed substitution requests and the Notice of Award in which to make their election. This process shall continue until one Bidder decides to continue with the Award of Contract process. (5) The City may award the Contract at any time after the time for submitting substitution requests expires pursuant to subpart (2), above. In the event the Contract is awarded prior to acceptance/rejection of substitution requests, all outstanding substitution requests shall be reviewed by the City as provided above. If the apparent low Bidder elects not to execute the Contract, the Award of Contract to the apparent low Bidder shall be rescinded and the Contract awarded to the next apparent low bidder. All bidders electing not to execute the Contract expressly agree that the City shall incur no liability for such rescissions. As provided herein, “apparent low bidder” means the lowest responsive and responsible bidder.

4.04. CERTIFICATES OF COMPLIANCE
(a) A Certificate of Compliance shall be furnished prior to the use of any materials for which the Technical Specifications require that such a certificate be furnished. In addition, when so authorized in the Specifications, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate of Compliance shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract. A Certificate of Compliance shall be furnished with each lot of material delivered to the Work and the lot so certified shall be clearly identified in the Certificate.
(b) All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not. (c) The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
(d) The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.

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SECTION 5

LEGAL RELATIONS AND RESPONSIBILITY

5.01. COMPLIANCE WITH LAWS – PERMITS, REGULATIONS, TAXES The Contractor is an independent Contractor and shall, at the Contractor’s sole cost and expense, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the Work, obtain all necessary permits and licenses therefore, pay all manufacturers’ taxes, sales taxes, use taxes, processing taxes, and all federal and state taxes, insurance and contributions for social security and unemployment which are measured by wages, salaries or any remuneration paid to Contractor’s employees, whether levied under existing or subsequently enacted laws, rules or regulations. The Contractor shall also pay all property tax assessments on materials or equipment used until Acceptance by the City. If any discrepancy or inconsistency is discovered in the Plans or Specifications, or in this Contract in relation to any such law, rule, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. The Contractor shall also protect, defend and indemnify the City, the Engineer, and all of the City’s officers, agents, and servants against any claim or liability arising from or based upon the violation of any such law, rule, ordinance, regulation, order or decree, whether by the Contractor or its employees. Particular attention is called to the following:
(a) Without limitation, materials furnished and performance by Contractor hereunder shall comply with Safety Orders of the Division of Industrial Safety, State of California, Federal Safety regulations of the Bureau of Labor, Department of Labor; and any other applicable Federal regulations.
(b) The Contractor, upon request shall furnish evidence satisfactory to the City and Engineer that any or all of the foregoing obligations have been or are being fulfilled. The Contractor warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that Contractor has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable the Contractor to perform this Contract. (c) Contractor is required to insure that material safety data sheets (MSDSs) for any material requiring a material safety data sheet pursuant to any federal or state law are available in a readily accessible place on the Project premises. Contractor is also required to insure:
(1) The proper labeling of any substance brought onto the Project premise by Contractor or any Subcontractors and
(2) That the person(s) working with the material, or within the general area of the material, are appropriately informed about the hazards of the substance and follow proper handling and protection procedures.
(d) Contractor is required to comply with the provisions of California Health and Safety Code section 25249.5, et seq. (Prop. 65), which requires the posting and giving of notice to persons who may be exposed to any chemical known to the State of California to cause cancer.

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5.02. PREVAILING WAGE
(a) The Contractor shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any Subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775 which is incorporated herein by reference. Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full.
(b) The City will not recognize any claims for additional compensation because of the payment of the wages set forth in these General Conditions. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Engineer, or the City’s agents, be considered as the basis of a claim against the City. (c) The Contractor agrees to follow the instructions of the City’s labor compliance officer until notified otherwise in writing by the City. (d) The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract.

Copies of the applicable prevailing wage rate determinations are made available to the Contractor and Subcontractor at the Pre-Job Conference Meeting. The Contractor shall post a copy of this document at the prevailing wages at each job site, along with a CMU work place poster, printed on 8 1/2” X 11” paper or larger, in accordance with California Code of Regulations, Title 8, section 16451(d).

5.03. PREVAILING WAGE RECORDS
(a) The Work is subject to monitoring and enforcement of prevailing wage requirements by the Department of Industrial Relations (“DIR”) and the following provisions will apply:
(1) Contractor and Subcontractors shall maintain and furnish to the DIR, a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports in PDF form shall be transmitted electronically to the DIR after first registering at http://www.dir.ca.gov/PublicWorks/Certified-Payroll-Reporting.html. The provisions of Labor Code section 1776 are incorporated herein by reference.
(2) The CITY and the DIR shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. The DIR will notify the Contractor or Subcontractor(s), as appropriate) of any noncompliance, in order for all such Contractor or Subcontractor(s) to correct the noncompliance.
(3) The City shall withhold payments when payroll records are delinquent or inadequate.
(4) The City shall withhold payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred.

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(5) The City shall cooperate with the DIR and DLSE in any investigation of suspected violations of prevailing wage requirements.
(6) As directed by the Labor Commissioner, the City shall withhold Contract payments equal to the payments due or estimated to be due to the Contractor or Subcontractors whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or Subcontractors. The Contractor shall be required to withhold payments to a Subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the Subcontractor has cured such delinquency or deficiency.
(7) These payroll records shall be made available to the City’s representatives. These records shall be maintained during the course of the Work. The Contractor and all Subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site. (8) The Contractor shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all Subcontractors and any lower tier Subcontractors.
(9) The Project will not be accepted as complete by the City nor final payment made until all items of non-compliance are corrected or until appropriate provision is made by depository agreement to assure the ultimate resolution and payment of any back wages that may be found due.
(b) A pre-construction conference shall be conducted before commencement of the Work with the Contractor and Subcontractors at which time the prevailing wage requirements will be reviewed and agreed to by all parties.

5.04. LABOR DISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows: “A Contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.”

5.05. EIGHT-HOUR DAY LIMITATION
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, eight hours labor shall constitute a day’s work, and no worker, in the employ of said Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay.

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(b) The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Work. This record shall be open at all reasonable hours to the inspection of the City, State and Federal officers and agents. It is hereby further agreed that, the Contractor shall forfeit as a penalty to the City the sum of twenty-five dollars ($25.00) for each worker employed in the performance of this Contract by the Contractor or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5.06. COMPLIANCE WITH STATE REQUIREMENTS FOR EMPLOYMENT OF

APPRENTICES
The Contractor’s attention is directed to Section 1777.5 of the Labor Code. Provisions of said section pertaining to employment of registered apprentices are hereby incorporated by reference into these Specifications. As applicable, the Contractor or any Subcontractor employed by the Contractor in the performance of the Work shall take such actions as necessary to comply with the provisions of Section 1777.5.

5.07. UNDERGROUND UTILITIES
(a) In accordance with Government Code section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating existing main or trunkline utility facilities which are not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work, provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing or relocating such utilities. Contractor shall not be assessed liquidated damages for delays in completing the Work when such delays are due to the failure of either the City or the owner of the utility to provide for removal or relocation of such utility facilities. (b) The Contractor shall take all precautions necessary to protect the existing utilities within the project area. Any utilities damaged due to the Contractor’s negligence shall be repaired or restored to their original condition at the Contractor’s sole expense. Existing utilities shall be kept in service during the life of the Contract unless relocation, reconstruction, abandonment, or outage is specifically authorized by the Engineer. (c) The Contractor shall provide and maintain such temporary supports as may be necessary to preserve the functions of the various utility systems. No wires, conduits and/or pipes shall be removed until all services therein have been made inoperable. (d) The Contractor shall notify the Engineer and appropriate Regional Notification Center for operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures. The Contractor shall provide updated information to the Notification Center as required and on a periodic basis. The Regional Notification Center includes but is not limited to the Underground Service Alert-Northern California (USA) at 1-800-642-2444.
(e) The Contractor is advised that the State of California does not participate in USA.

The Contractor is required to notify Caltrans Permits Branch (916) 322-1297 for the location of State facilities.

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(f) The Contractor shall not proceed with work until utility facilities involved have been located, disconnected, or otherwise adjusted by utility representatives. (g) The City Utility Maintenance Division will make repairs to all water service laterals and water mains damaged by the Contractor during the course of construction unless directed otherwise by the Engineer. Except as otherwise provided in this section, the Contractor shall be required to pay all labor, material and equipment costs incurred by the City Utilities Maintenance Division for the repairs made to damaged water service laterals and water mains.

The City will bill the Contractor for the repairs and the bills will be paid by the Contractor prior to either the next monthly progress payment or prior to the final payment, whichever comes first.

The Contractor shall provide to the Engineer proof of payment of the repair bills prior to the issuance of either the monthly progress payment or final payment. The current labor and equipment rates for the City Utility Maintenance Division will be made available to the Contractor at the preconstruction conference. The City shall have the right to deduct the total amount of any unpaid City repair bill from the money due or to become due the Contractor.

5.08. WATER POLLUTION
The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, and canals from pollution with fuels, oils, bitumens, calcium chloride, and other harmful materials and shall conduct and schedule Contractor’s operations so as to avoid or minimize muddying and silting of said streams, lakes, reservoirs, and canals. Care shall be exercised to preserve vegetation beyond the limits of construction. The Contractor shall comply with Section 5650 of the California Fish and Game Code and all other applicable statutes and regulations relating to the prevention and abatement of water pollution.

5.09. PAYMENT OF TAXES
The Contract prices paid for the Work shall include full compensation for all taxes, which the Contractor is required to pay, whether imposed by federal, state, or local governments.

5.10. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the lawful prosecution of the work. All permits and licenses shall be obtained in sufficient time to prevent delays to the Work. The Contractor shall, at a minimum, possess and maintain the licenses and permits set forth in the Contract Provisions.

5.11. PATENTS
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated into the Work, and agrees to indemnify, defend and save harmless the City, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of, the use of any patented materials, equipment, devices, or processes.

5.12. PUBLIC CONVENIENCE
This section defines the Contractor’s responsibility with regard to convenience of the public and public traffic in connection with its operations. (a) The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 168
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greater length or amount of work than can be properly prosecuted with due regard to the rights of the public.
(b) Unless otherwise provided in the Contract Documents, all public traffic shall be permitted to pass through the Work with as little inconvenience and delay as possible. In order to expedite the passage of public traffic through or around the work, the Contractor shall install as appropriate signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall provide and station competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the Work. The cost of furnishing and installing such signs, lights, flares, barricades, and other facilities, and the cost of providing and stationing such flagpersons, all for the convenience and direction of public traffic, will be considered as included in the Contract price and no additional compensation will be allowed. (c) Spillage resulting from hauling operations along or across any publicly traveled way shall be removed immediately by the Contractor at its expense. (d) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
(e) Convenient access to driveways, houses and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner’s access across the right-of-way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.
(f) Water shall be supplied if ordered by the Engineer for the alleviation or prevention of dust nuisance as provided in the Contract Documents. Any water obtained from a fire hydrant within the City of West Sacramento shall be subject to a fire hydrant permit issued by the Engineering Division of the City of West Sacramento. (g) Flagpersons and guards, while assigned to traffic control, shall perform their duties and shall be provided with the necessary equipment in accordance with the current “Instructions to Flagmen” of the California Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor at its expense. (h) All traffic control shall be in accordance with California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. (1) Traffic Control Plans. Traffic Control Plans shall be developed for the project to assure that adequate consideration is given to the safety and convenience of motorists, pedestrians, and workers during construction. The Traffic Control Plans shall include, but not be limited to, signing, pavement markings, construction scheduling, permanent barricades, methods and devices for delineation and channelization, placement and maintenance of devices, roadway lighting, traffic regulations, surveillance and inspection. The Traffic Control Plans shall be approved by the Engineer a minimum of two (2) working days prior to start of any work. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(2) Traffic Control Devices and Procedures. Traffic control devices and procedures shall conform to the California Manual on Uniform Traffic Control Devices (California DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 169
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MUTCD), Part 6 and this Section 5.12. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(3) Elimination of On-Street Parking. The Contractor shall place notification for the elimination of on-street parking, if required, at least forty-eight (48) hours, but not more than seventy-two (72) hours prior to the start of work. The notification shall include the Contractor’s phone number, the City of West Sacramento Community Development Department phone number (916) 617-4645, and the phrase “VEHICLES WILL BE TOWED PURSUANT TO CVC SECTION 22651 (L)”. This notice shall be affixed to a Type II barricade that is placed in the lane of the road (max. 200 ft. spacing) used for on-street parking. No other location or method of placement is acceptable. The notification shall be in a form approved by the Engineer. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(4) Lane Closures. All lane closures shall be included in the Traffic Control Plans, and shall both conform to Section 5.12(h)(2) above, and be approved by the Engineer.

Total road closures will not be allowed for the Project. (5) Measurement and Payment. Unless specifically shown as an item of work on the proposal form, all traffic control shall be considered included in other items of work and no additional compensation will be made for labor, materials or equipment needed.

5.13. CONTINUOUS OPERABILITY OF FACILITIES
Absent written permission by the Engineer, the continuous operation of all existing facilities is required and shall in no way be affected by the Work.

5.14. SAFETY
(a) General
(1) The Contractor shall be solely and completely responsible for the conditions of the job Site, including safety of all persons and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours.

Safety provisions shall conform to all applicable federal, state, and local laws, ordinances, and codes, and to the rules and regulations established by the California Division of Industrial Safety, and to other rules of law applicable to the Work. (2) The services of the Engineer in conducting construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Engineer or the City responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers; or for access, visits, use work, travel or occupancy by any person.
(3) The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation and in sump pump work.

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(4) All work and materials shall be in strict accordance with all applicable State, Federal and local laws, rules, regulations, and codes. (5) Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by law, this shall be provided. (6) The Contractor shall submit a safety plan and/or narrative description to the Engineer prior to commencement of the Work. This safety plan and/or narrative description shall describe all first aid, safety clothing, etc. to be used at the Project Site. (b) Shoring and Trench Safety Plan
(1) Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the Contractor shall comply with this law.
(2) In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. Not less than thirty (30) days before beginning excavation for any trench or trenches five feet or more in depth required under this Contract, the Contractor shall furnish to the Engineer Working Drawings of its trench safety plan. The trench safety plan Working Drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, Department of Labor, the plan shall be prepared by a registered civil or structural engineer. In no event shall the Contractor use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by the Contractor or its Subcontractors.

5.15. BLASTING
Except for exceptional circumstances, blasting shall be prohibited. Accordingly, Bids should be prepared on the basis that no blasting will be permitted. Should blasting be required and expressly approved by the City, the City will issue a Change Order for blasting work.

5.16. INTOXICATING LIQUORS AND NARCOTICS
The Contractor shall not sell, permit or suffer the introduction or use of intoxicating liquors or narcotics upon or about the Site.

5.17. PROTECTION OF PERSONS AND PROPERTY
(a) The Contractor shall take whatever precautions are necessary to prevent damage to all existing improvements, including above ground and underground utilities, trees, shrubbery that is not specifically shown to be removed, fences, signs, mailboxes, survey markers and monuments, buildings, structures, the City’s property, adjacent property, and any other improvements or facilities within or adjacent to the work. If such improvements or property DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 171
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are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition at least as good as the condition they were in prior to the start of the Contractor’s operations.
(b) The Contractor shall adopt all practical means to minimize interference to traffic and public inconvenience, discomfort or damage. The Contractor shall protect against injury to any pipes, conduits or other structures crossing the trenching or encountered in the Work and shall be responsible for any injury done to such pipes or structures, or damage to property resulting therefrom. The Contractor shall support or replace any such structures without delay and without any additional compensation to the entire satisfaction of the Engineer. All obstructions to traffic shall be guarded by barriers illuminated at night. The Contractor shall be responsible for all damage to persons and property directly or indirectly caused by its operations and, under all circumstances, Contractor must comply with the laws and regulations of the State of California relative to safety of persons and property and the interruption of traffic and the convenience of the public within the respective jurisdictions. (c) The Contractor is cautioned that it must replace all improvements in rights-ofway and within the public streets to a condition at least equal to what existed prior to the Contractor’s entry onto the job.
(d) Type and time of construction required at any road subject to interference by the work will be determined by those authorities responsible for maintenance of said road. It shall be the responsibility of the Contractor to determine the nature and extent of all such requirements, including provision of temporary detours as required; however, the construction right-of-way obtained by the City at affected roadways will be adequate for provision of all required detours. As required at any road crossing, the Contractor shall provide all necessary flagpersons, guardrails, barricades, signals, warning signs and lighting to provide for the safety of existing roads and detours. Immediately after the need for temporary detours ceases, or when directed, the Contractor shall remove such detours and perform all necessary cleanup work, including replacement of fences, and removal of pavement. Included shall be all necessary replacement of existing roadway appurtenances, grading work, soil stabilization and dust control measures, as required and directed.
(e) The Contractor shall examine all bridges, culverts, and other structures over which it will move its materials and equipment, and before using them, Contractor shall properly strengthen such structures where necessary. The Contractor shall be responsible for any and all injury or damage to such structures caused by reason of its operations.

5.18. RESPONSIBILITY FOR REPAIR OF FACILITIES
All public or private facilities, including but not limited to, gravel surfacing at existing canals, structures, telephone cables, roadways, curbs, gutters, parking lots, private drives, levees and embankments for creeks, ponds and reservoirs disturbed during construction of the work shall be repaired and/or replaced by the Contractor to match facilities existing prior to construction. In addition, the Contractor shall be responsible for any settlement damage to such facilities or adjoining areas for a period of one year after Acceptance of such required facilities.

5.19. CITY’S REPAIR
In the event the Contractor refuses or neglects to make good any loss or damage for which it is responsible under this Contract, the City may itself or by the employment of others, make good any such loss or damage, and the cost and expense of doing so, including any reasonable engineering, legal and other consultant fees, and any costs of administrative and DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 172
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managerial services, shall be charged to the Contractor. Such costs and expenses may be deducted by the City from claims for payment made by the Contractor for work completed or remaining to be completed.

5.20. ANTITRUST CLAIM ASSIGNMENT
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this contract, the Contractor and all Subcontractors shall offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.

5.21. WAIVER OF RIGHT TO RESCIND FOR MATERIAL BREACH
The Contractor agrees that it can be adequately compensated by money damages for any breach of this Contract which may be committed by the City and hereby agrees that no default, act, or omission of the City or the Engineer, shall constitute a material breach of the Contract entitling the Contractor to cancel or rescind the provisions of this Contract or (unless the City shall so consent or direct in writing) to suspend or abandon performance of all or any part of the Work. The Contractor hereby waives any and all rights and remedies to which it might otherwise be or become entitled, save only its right to money damages.

5.22. CONTRACTOR’S LICENSE NOTICE

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO:

REGISTRAR CONTRACTORS’ STATE LICENSE BOARD
9821 BUSINESS PARK DRIVE
SACRAMENTO, CALIFORNIA 95827
MAILING ADDRESS:

P.O. BOX 26000
SACRAMENTO, CALIFORNIA 95826

5.23. HISTORICAL, SCIENTIFIC AND ARCHEOLOGICAL DISCOVERIES All articles of historical or scientific value, including but not limited to coins, fossils, and articles of antiquity which may be uncovered by the Contractor during the progress of work, shall become City property. Such findings shall be reported immediately to the Engineer who will determine the method of removal, where necessary, and the final disposition thereof.

5.24. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the Contractor’s bid.

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(a) Neither the Contractor nor any Subcontractors shall commence any work until all required insurance has been obtained at their own expense. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A. M. Best’s rating of no less than A-VII.
(b) Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guarantee period. (c) Prior to execution of the Contract, the Contractor shall furnish the City with original endorsements effecting coverage for all policies required by the Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the City. The City may require the Contractor or any Subcontractor to furnish complete certified copies of all insurance policies affecting the coverage required by the Contract. (d) All of the Contractor’s policies shall contain an endorsement providing that written notice shall be given to the City at least sixty (60) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
(e) Any policy or policies of insurance that the Contractor elects to carry as insurance against loss or damage to its construction equipment and tools shall include a provision therein providing a waiver of the insurer’s right to subrogation against the City and the Engineer.
(f) The requirements as to the types, limits, and the City’s approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under the Contract. (g) In addition to any other remedy the City may have, if the Contractor or any of the Subcontractors fails to maintain the insurance coverage as required in this section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due the Contractor under this Contract. (h) The Contractor and all Subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by the Contractor and all Subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of the Contractor or any Subcontractor to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this contract. (1) Workers’ Compensation and Employer’s Liability Insurance (i) Workers’ Compensation
The Contractor and all Subcontractors shall maintain insurance to protect the Contractor or Subcontractor from all claims under Workers’ Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Workers’ Act. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable State and Federal statutes and regulations. The Contractor shall execute a certificate in compliance with Labor Code section 1861, on the form provided in the Contract Documents.

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(ii) Claims Against City
If an injury occurs to any employee of the Contractor or any of the Subcontractors for which the employee or its dependents, in the event of its death, may be entitled to compensation from the City under the provisions of the said Acts, or for which compensation is claimed from the City, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by said Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due, the Contractor.
(2) Commercial General and Automobile Liability Insurance The Contractor shall maintain in effect at all times during the performance of the work hereunder not less than the following coverage’s and limits of Commercial General and Automobile Liability insurance:
(i) Form and Amount
The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily injury, personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents or consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence with an aggregate no less than two (2) times the required per occurrence limit applying to bodily injury, personal injury, and property damage, or any combination of the three. Any deductibles must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles as respects the entity, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration expenses, and defense expenses. The commercial general and automobile liability insurance coverage shall also include the following:
(ii) Additional Requirements
Provision or endorsement naming the City, the Engineer and its consultants, and each of their officers, employees, and agents, each as additional insured’s with respect to any potential liability arising out of the performance of any work under the Contract, and providing that such insurance is primary insurance as respects the interest of the City and Engineer, and its consultants, and each of their officers, employees, and agents and that any other insurance, risk pool membership, or other liability protection maintained by the City or maintained by the Engineer is excess to the insurance required hereunder, and will not be called upon to contribute to any loss unless and until all limits available under the Contractor ‘s and Subcontractor’s insurance policy/policies have been paid. The additional insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
(iii) “Cross Liability” or “Severability of Interest” clause. (iv) Broad Form Property Damage, Personal Injury, Contractual Liability, Protective Liability, and Completed Operations coverage’s, and elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 175
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of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.
(v) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract, including, without limitation, that set forth in Section 4.02, Indemnity and Litigation Costs.
(vi) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. (vii) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(3) Builder’s Risk or Installation Floater “All-Risk” Insurance. Before commencement of the Work, the Contractor shall submit written evidence that it has obtained for the period of the Contract, Builder’s Risk “All-Risk” Completed Value Insurance and/or Inland Marine “All-Risk” Installation Floater Insurance, as may be applicable, upon the entire project which is the subject of this Contract, including completed work and work in progress. The policy or policies of insurance shall name the Contractor, City, and Engineer as insured’s as their respective interests may appear, and shall include an insurer’s waiver of subrogation rights in favor of each. Such insurance may have a deductible clause, but the amount of the deductible shall be subject to the approval of the City, except that the deductible on earthquake coverage may be in accordance with the underwriter’s requirements.

5.25. INDEMNITY AND LITIGATION COST
(a) Promptly upon execution of the Contract, the Contractor specifically obligates itself and hereby agrees to protect, hold free and harmless, defend and indemnify the City, the Engineer and its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, which arise out of or are in any way connected with the Contractor’s, or its Subcontractors’ or suppliers’, performance of work under this Contract or failure to comply with any of the obligations contained in the Contract. This indemnity shall imply no reciprocal right of the Contractor in any action on the contract pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Contractor shall apply to any and all acts or omissions, whether active or passive, on the part of the Contractor or its agents, employees, representatives, or Subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project.
(b) In any and all claims against the City, the Engineer and each of their consultants, officers, employees and agents by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in way by any DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 176
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limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workers’ Compensation statutes, disability benefit statutes or other employee benefit statutes.

5.26. PROTECTION OF WORK
(a) The Contractor shall be responsible for the care of all the Work until its completion and final acceptance. The Contractor shall, at its own expense, replace damaged or lost material and repair damaged parts of the Work or the same may be done at the Contractor’s expense by the City and the Contractor and its sureties shall be liable therefor. The Contractor shall make its own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the Work. The Contractor shall take all risks from floods and casualties except as provided by law, and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or other casualties or because of danger from flood or other casualties or for delays from such causes. The Contractor may, however, be allowed a reasonable extension of time on account of such delays, subject to the conditions herein before specified. The Contractor shall not be responsible for the cost, in excess of 5% of the contracted amount, of repairing or restoring damage to the Work, if the damage was proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale or by tidal wave’ s; provided that the Work damaged was built in accordance with accepted and applicable building standards, and the plans and specifications of the City. (b) Contractor shall effectively secure and protect adjacent property and structures, livestock, crops and other vegetation. If applicable, the Contractor shall open fences on or crossing the right-of-way and install temporary gates of sound construction thereon so as to prevent the escape of livestock. Adjacent fence posts shall be adequately braced to prevent the sagging or slackening of the wire. Before such fences are opened, the Contractor shall notify the owner or tenant of the property and, where practicable, the opening of the fence shall be in accordance with the wishes of said owner or tenant. The Contractor shall be responsible that no loss or inconvenience shall accrue to the owner or tenant by virtue of their fences having been opened or the gate not having been either shut or attended at all times. Where special types of fences are encountered, the Contractor shall install temporary gates made of similar materials and of suitable quality to serve the purposes of the original fences. In all cases where the Contractor removes fences to obtain workroom, the Contractor shall provide and install temporary fencing as required, and on completion of construction shall restore the original fence to the satisfaction of the Engineer. All costs of providing, maintaining and restoring gates and fencing shall be home by the Contractor. The Contractor shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions.
(c) The Contractor shall use extreme care during construction to prevent damage from dust to crops and adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-of-way and take other preventative measures as directed by the Engineer.
(d) The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or its employees in the course of their employment, whether such trespass was committed with or without the consent or knowledge of the Contractor. (e) The Contractor shall see that the Site is kept drained and free of all ground water and any other water, which may impede the progress or execution of the Work.

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(f) The Contractor shall be responsible for any damage caused by drainage or water runoff from construction areas and from construction plant areas. (g) In an emergency affecting the safety of life, the Work, or adjoining property, the Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act at its discretion to prevent such threatened loss or injury, and the Contractor shall so act without appeal if so instructed or authorized. Any compensation claimed by the Contractor on account of emergency work shall be determined as specified In Section 2.07. Should the Engineer deem an emergency condition to exist, the Contractor shall immediately do those things and take those steps ordered by the Engineer. The decision of the Engineer in this respect shall be final and conclusive. Any claims for compensation made by the Contractor on account of emergency work shall be determined as specified in Section 2.07. (h) Except as provided by Government Code section 4215, the Contractor shall be responsible for the removal, relocation and protection of all public and private utilities, including irrigation facilities in the nature of utilities, located on the site of the construction project if and to the extent that the same are identified in the Contract Documents, and the Contractor shall not be entitled to any extension of time or claim for damages for extra compensation in connection therewith. If and to the extent that such utilities or facilities are not identified in the Contract Documents, as between the Contractor and the City, the City will be responsible for the cost of their removal, relocation or protection, as the case may be, but the Contractor shall perform any such work in conformance with applicable provisions of Sections 2.06 and 2.07, if so directed by the Engineer. In such situations the Contractor shall not be responsible for delay in completion of the project caused by the failure of the City or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the City in the Contract Documents, the Contractor shall immediately notify the Engineer in writing.
(i) Subject to the provisions of this section, where the Work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the Work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the Work.

5.27. ACCIDENTS
(a) The Contractor shall provide and maintain, in accordance with Labor Code section 6708 and OSHA requirements, adequate emergency first-aid treatment for its employees and anyone else who may be injured in connection with the Work. (b) The Contractor shall promptly report in writing to the Engineer all accidents whatsoever arising out of or in connection with, the performance of the Work, whether on or adjacent to the site, which caused death, personal injury, or property damage, giving full details and statements of witnesses. In addition, if death or serious injury or serious damage are caused, the accident shall be reported immediately by telephone or messenger to the City and the Engineer.
(c) If any claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim.

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5.28. NO PERSONAL LIABILITY
Neither the City, the Engineer, nor any of their other officers, agents, or employees shall be personally responsible for any liability arising under the Contract, except such obligations as are specifically set forth herein.

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SECTION 6

PROGRESS AND COMPLETION OF WORK

6.01. PROGRESS SCHEDULE
The Contractor shall submit within ten (10) days after execution of the Contract a detailed work schedule(s) which shall detail the actions of the Contractor and Subcontractors working at the Site. This schedule(s) shall both show the dates at which the Contractor will start and complete and conform to the completion time specified in the Contract. The controlling operation, defined as the least float path, if any, shall be identified.

The Contractor shall review, revise and resubmit the progress schedule at least once a month to reflect progress. In any event, Contractor shall submit, at any time during the contract period, a current schedule to the Engineer at the Engineer’s request.

No progress payments will be made for any work performed until a satisfactory schedule has been submitted and approved by the Engineer. An updated schedule shall be required from the Contractor if the project falls ten (10) working days behind schedule.

If the Work falls behind the accepted schedule, the Contractor shall promptly take whatever actions are necessary to put the project back on schedule. For delays or portions of delays for which the Contractor is responsible, no payment will be made or time extension allowed for increase in work force, equipment, and working hours needed to put the project on schedule.

6.02. COMMENCEMENT AND PROGRESS OF THE WORK AND TIME OF COMPLETION (a) Commencement
The Contractor shall begin the Work after receiving a Notice to Proceed within the period of time set forth in the Contract Provisions. Thereafter, Contractor shall diligently prosecute the Work to completion as specified in the Contract Documents. The Engineer shall have the right to specify the locations where Contractor shall start and proceed with the Work.

A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the invitation to bid, Bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.

Notwithstanding any other provisions of the Contract, the City shall not be obligated to accept or pay for any work furnished by the Contractor prior to the issuance of the Notice to Proceed whether or not the City has knowledge of the furnishing of such work. The Contractor shall not commence with work on this project until its Contract bonds and evidence of insurance comply with all Contract requirements and a Notice to Proceed has been issued.

The Contractor shall notify the Engineer in writing two (2) working days (48 hours) prior to commencement of work on the Project or scheduling work for a Saturday, Sunday, or City Holiday. Failure to provide said notification will void the City’s obligation to provide inspection.

Any work done in the absence of the City’s Inspector shall be subject to rejection.

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(b) Completion
All work under this Contract shall be completed within the period of time set forth in the Contract Provisions. The Contract shall be deemed completed when the Engineer has certified the completion of the Project as provided in Section 9.07 of these General Conditions.

6.03. SUSPENSION OF WORK
(a) The Engineer may at any time, by notice in writing to the Contractor, suspend any part of the Work for such period of time as may be necessary to prevent improper execution of the Work on the project by the Contractor, its Subcontractors or agents, and the Contractor shall have no claim for damages or additional compensation on account of any such suspension.
(b) The City may at any time suspend any part or all of the Work upon ten (10) days written notice to the Contractor, who shall thereupon discontinue all work suspended except for all operations to prevent loss or damage to work already executed as may be directed by the Engineer. Work shall be resumed by the Contractor after such suspension on written notice from the City.
(c) In the event of any suspension of the Work in whole or in part under subsection (B) above, the Contractor shall be entitled to an extension of time wherein to complete the Work to the extent of the delay caused to the Contractor thereby. (d) In the event the entire work shall be suspended by order of the City, as herein above provided, and shall remain so suspended for a period of sixty (60) consecutive days, through no fault of the Contractor, and notice to resume the Work shall not have been served on the Contractor as herein above provided, Contractor may, at its option, by written notice to the City, terminate the Contract in the same manner as if the termination had been initiated by the City, and the City shall have no claim for damages because of such termination of the Contract.

6.04. DELAY IN THE WORK – TIME EXTENSIONS
The Contractor shall at all times employ such force, plant, materials, and tools as will be sufficient, in the opinion of the Engineer, to prosecute the Work at not less than the rates fixed under the terms of the Contract and to complete the Work thereof within the time limits fixed therein. If the Contractor refuses or fails to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or fails to complete said work within such time, the City may exercise the termination provisions set forth in Section 6.05, below. (a) Excusable Delays. Excusable delays shall be delays in the controlling operation of the Contractor’s work due to strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, or any other act(s) of God beyond the Contractor’s control, or by delay authorized by the City, or by any cause which the City shall decide to justify the delay. Except as provided in Section 6.04(f), below, in the event of an excusable delay, the time of completion shall be extended for such reasonable time as the City may decide. The Contractor’s right to an extension of time for an excusable delay is expressly subject to Contractor’s giving written notice of such claim within ten (10) days following the date the Contractor knew or should have known of the delay. Failure to give such notice shall be construed as a waiver of such right. It is understood and agreed that extensions of time shall be the Contractor’s sole and exclusive remedy for excusable delays.

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(b) Compensable delays. Compensable delays shall be delays in the controlling operating of the Contractor’s work due to acts or neglect of the City, its employees or those under it by contract or otherwise, or by changes ordered in the work. In the event of a compensable delay, the time of completion shall be extended for such reasonable time as the City may decide. In addition, the Contractor may recover its direct costs as provided in Section

6.05. The Contractor’s remedies for compensable delays are expressly subject to Contractor’s giving ten (10) days written notice of such claim from the date the Contractor knew or should have known of the delay. It is understood and agreed that the Contractor’s sole and exclusive remedies for compensable delays shall be an extension of the time and recovery of its direct costs as compensable hereunder, but only in accordance with the provisions of the Contract Documents.
(c) Contractor and City understand and agree that the Contract time for the completion of this project is a very important part of the contract. Extensions of time will only be granted as provided above when events actually cause the Contractor to be delayed in the performance of that schedule activity which is the controlling operation as of the time of the delay. When acts or omissions occur which could cause delay, Contractor will take all reasonable means in order to be able to continue to work as scheduled without any delay, or as short a delay as possible. Additionally, if inclement weather causes accumulation of standing water on the work site or other conditions which might cause delay, Contractor shall take all measures reasonably necessary to permit work to continue as quickly as possible. (d) If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by date substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Adverse weather conditions shall be considered only as those conditions that exceed the average annual number of rain days and rain quantities as established by the Annual Local Climatological Summary and NOAA National Technical Memorandum NWS WR-65 (Revised) as published by the United States Government, National Weather Service, National Climate Center, Asheville, North Carolina. (e) The Engineer shall be responsible for determining when adverse weather conditions result in non-workable days. It shall be the Contractor’s duty to stay informed of such determinations by the Engineer. The Contractor may object to such adverse weather determinations by filing with the Engineer a written notice of objection. The notice of objection shall state the basis of the objection and provide supporting documentation, which substantiates that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. All such notices of objection shall be filed within three (3) days of the day in dispute. It is hereby agreed that the Contractor’s failure to submit a written notice of objection within three (3) days of the Engineer’s adverse weather determination shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise. (f) The Engineer will, within a reasonable period of time, issue a ruling on the Contractor’s notice of objection. All such rulings by the Engineer shall be final, unless the Contractor files a written protest within fifteen (15) days of the Engineer’s ruling. This protest shall clearly state the basis of the dispute. Such protest will be forwarded promptly to the City, which will issue a decision on each such protest. The City decision will be final. Pending the City decision, the Contractor shall proceed with its work in accordance with the Engineer’s ruling and/or instructions. It is hereby agreed that the Contractor’s failure to file a protest within fifteen days (15) of the Engineer’s ruling shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise.

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(g) The number of days that are anticipated to be non-workable due to adverse weather conditions shall be as set forth in Section 4.0 of the Special Conditions. Days deemed non-workable by the Engineer in excess of such anticipated number shall be considered excusable delays.
(h) Unexcused delays shall be delays in the Contractor’s work due to acts or neglect of the Contractor, its employees, Subcontractors or those under it by contract or otherwise. In the event of an unexcused delay, the Contractor expressly agrees that it shall not be entitled to either an extension of time or recovery of its costs.
(i) A request for an extension of time, or the granting of an extension of time, shall not constitute a basis for any claim against the City for additional compensation or damages unless caused by the City or another Contractor employed by the City.

6.05. DAMAGES FOR DELAY
In the event of compensable delay, the City shall only be liable for idle equipment, idle workers and the necessary costs of transporting equipment. The City shall be liable to the extent that the compensable delay is concurrent with excusable delays or Contractor caused delays to the controlling operation. The allowable costs shall be as for force account work under Section 2.04 with the following exceptions:
(a) The Delay Factor in the Labor Surcharge and Equipment Rental Rules applies to each equipment rental rate;
(b) The daily number of payable hours shall equal the normal working hours during the delay, not to exceed eight (8) hours per day; and
(c) No markups will be added.

6.06. TERMINATION FOR CONVENIENCE
If at any time before completion of the Work, the City determines that it is either impossible or against the interests of the City to complete the Work, or if the Work is stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the City may, upon ten (10) days written notice to the Contractor, discontinue the Work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the Work in such manner, sequence, and at such times as described below. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the Work thus dispensed with, nor any other actually performed up to the time of discontinuance, including any Extra Work ordered by the Engineer to be done, nor for any claim for liquidated damages.

Termination of the Contract for convenience and the total compensation payable to the Contractor in the event of termination shall be governed by the following:
(a) The Engineer will issue the Contractor a written notice signed by the Engineer, specifying that the Contract is to be terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:
(1) Stop all Work under the Contract except that specifically directed to be completed prior to Acceptance.

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(2) Perform Work the Engineer deems necessary to secure the project for termination.
(3) Remove equipment from the site of the Work.
(4) Take such action as is necessary to protect materials from damage. (5) Notify all Subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
(6) Provide the Engineer with an inventory list of all material previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of material not yet used in the Work as directed by the Engineer.

It shall be the Contractor’s responsibility to provide the City with good title to all materials purchased by the City hereunder, including material for which partial payment has been made and with bills of sale or other documents of title for such materials.
(8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for material terminated hereunder.

To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
(10) Take such other actions as the Engineer may direct. (b) Termination of the Contract shall not relieve the Contractor of responsibility for damage to materials except as follows:
(1) The Contractor’s responsibility for damage to materials for which partial payment has been made and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations he or she has directed.
(2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, he or she will recommend that the Engineer formally accept the Contract, and immediately upon and after such Acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of his or her Contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the Engineer.

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(c) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
(1) The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general administrative Overhead not to exceed a total of seven (7%) percent of Direct Costs of such Work.
(2) A reasonable allowance for profit on the cost of the Work performed as determined under Section 2.04(a) above, provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that he or she would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed four (4%) percent of said cost.
(3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the Contract.

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

After Termination of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled.

All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
(d) The provisions of this section shall be included in all subcontracts.

6.07. TERMINATION FOR DEFAULT
(a) In the event of any default by the Contractor as described below, the City may, after giving ten (10) days’ written notice to the Contractor, terminate the Contractor’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
(1) Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. (2) Filing of bankruptcy by the Contractor, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Contractor’s insolvency without discharge of the receiver within ten (10) days after its appointment.

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(3) Failure to make prompt payments to Subcontractors or suppliers. (4) Persistent disregard of laws, ordinances, or the instructions of the Engineer, or other substantial violation of any provision of the Contract. (b) In the event the right of the Contractor to proceed with the Work, or any portion thereof, has been terminated because of the default of the Contractor and the Contractor has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Contractor and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City. (c) Upon termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Contractor in accordance with the terms of the Contract, then the difference shall be paid to the Contractor in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Contractor would otherwise have been paid, the Contractor and its sureties shall be liable to the City for the full amount of such excess expense.
(d) The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract.

6.08. FAILURE TO TIMELY COMPLETE THE WORK – LIQUIDATED DAMAGES (a) Liquidated Damages
(1) It is agreed by the parties to this Contract that time is of the essence. In the event all the Work is not completed before or upon the expiration of the time limit as set in the Bid, Contract and/or Progress Schedule, or within any time extensions that may have been granted, damage will be sustained by the City; and that it may be impracticable to determine the actual amount of damage by reason of such delay. Accordingly, it is agreed that the Contractor shall pay to the City as damages the amount set forth for each and every day’s delay in finishing the Work in excess of the number of days specified. Liquidated damages shall be paid at a rate of one thousand dollars ($1,000.00) per day unless otherwise stated in the Contract Documents.

The parties expressly agree that the liquidated damage clause found in the Contract Documents is reasonable under the circumstances existing at the time the Contract was made. The City shall have the right to deduct the amount of liquidated damages from any money due or to become due the Contractor.
(2) In addition, the City shall have the right to charge to the Contractor and to deduct from the final or progress payments for the Work the actual cost to the City of legal, engineering, inspection, superintendence, and other expenses, which are directly chargeable to the Contract and which accrue during the period of such delay, except that the cost of final inspection and preparation of the final estimate shall not be included in the charges.

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(b) Exclusions
Notwithstanding the provisions of Section 2.06(a), the Contractor shall not be liable for liquidated damages or delays caused by the removal or relocation of utilities when such removal or relocation is the responsibility of the City or the owner of the utility under Government Code section 4215.

6.09. CLEAN-UP
During the progress of the Work, the Contractor shall maintain the Site and related structures and equipment in a clean, orderly condition and free from unsightly accumulation of rubbish. All waste materials shall be removed daily from the Site and disposed of by the Contractor by any proper means at its own expense unless designated otherwise on the plans.

No waste materials shall be placed in the public street right-of-way. Unless otherwise specified, all existing piping, materials and/or equipment removed pursuant to this Contract shall become the Contractor’s property.

Upon completion of the Work and before the final estimate is submitted, the Contractor shall, at its own cost and expense, remove from the vicinity of the Work all plants, buildings, rubbish, unused work materials, concrete forms, and temporary bridging and other like materials, belonging to the Contractor or used under the Contractor’s direction during the construction, and in the event of the Contractor’s failure to do so, the same may be removed by the City after ten (10) calendar days’ notice to the Contractor. Such removal shall be at the expense of the Contractor.

The Contractor shall use care in the removal of materials and equipment so as not to cause damage to existing facilities and structures. Contractor shall assume liability for all such damage. Where the construction has crossed yards or driveways, restoration shall be by the Contractor to the complete satisfaction of the Engineer, at the Contractor’s expense.

The Contractor shall make its own arrangements for the disposal of waste materials. If the Contractor elects to dispose of such materials on private property, Contractor shall obtain written permission from all property owners involved.

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SECTION 7

MEASUREMENT AND PAYMENT

7.01. MEASUREMENT OF QUANTITIES
(a) Where the Contract provides for payment on a lump sum price basis, no measurement of quantity will be made. Where the Contract provides for payment on a unit price basis, the quantities of work performed will be computed by the Engineer on the basis of measurements taken by the Engineer, and these measurements shall be final and conclusive. (b) All quantities of work computed under the Contract shall be based upon measurements by the Engineer according to United States Measurements and Weights. (c) Methods of measurement are specified herein and in the Technical Specifications.
(d) Mobilization shall be measured and payment issued according to Section 11 of the State Standard Specifications.

7.02. SCOPE OF PAYMENT
(a) The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the Work according to the Specifications and Plans. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.
(b) No compensation will be made in any case for loss of anticipated profits.

Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements.
(c) The Work includes the preparatory work and operations needed for mobilization and demobilization of the Project. The Work, however, does not include establishing the Engineer’s field facility(s) of utility work and connections needed for these facilities.

7.03. PROGRESS ESTIMATE
For each calendar month of Contract work, the Engineer will prepare a progress estimate of all work performed under the Contract. Within the first ten (10) days of each succeeding calendar month, the Engineer will prepare in writing an estimate which in the Engineer’s opinion is a fair approximation of the value of all work done under the Contract, including any amounts due the Contractor for Extra Work and Change Orders. In arriving at the value of the Work done, the Engineer will give consideration to the value of labor and materials which have been incorporated into the permanent work by the Contractor during the preceding month. Consideration will not be given to preparatory work done or for materials or equipment on hand.

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In order to assist the Engineer, the Contractor shall furnish the Engineer with copies of invoices for all such items delivered to the job site.

7.04. PROGRESS PAYMENTS
(a) The City will pay the Contractor ninety-five percent (95%) of the amount of each progress estimate within thirty (30) days after receipt of an undisputed and properly submitted progress estimate from the Contractor, unless the City has made a finding prebid pursuant to Public Contract Code section 7201(b)(4) justifying a larger retention. If the City fails to pay an undisputed progress estimate within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (A) of section 685.010 of the Code of Civil Procedure. Five percent (5%) of the amount of each estimate shall be retained by the City until final completion and Acceptance of all work under the Contract. (b) Upon receipt of a payment request, the City shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the progress estimate is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(c) The number of days available to the City to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (b). (d) The Contractor may, in accordance with the provisions of Public Contracts Code section 22300, substitute securities for any monies which the City may withhold to insure performance under the Contract.
(e) When, in the judgment of the Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Engineer’s judgment the total amount of the Work done since the last estimate amounts to less than one thousand dollars ($1,000.00), no pay estimate will be prepared and no progress payment will be made. (f) No progress estimate or payment shall be considered to be an approval or Acceptance of any work, materials or equipment. Estimated amounts and values of work done and materials and equipment furnished will be conformed with actual amounts and values as they become available in subsequent progress estimates, progress payments and the final estimate and payment. All estimates and payments will be subject to correction in subsequent progress estimates and payments and the final estimate and payment. (g) It is mutually agreed between the parties to the Contract that no payments made under the Contract, including progress payments and the final payment shall be evidence of the performance of the Contract, either wholly or in part, and no payment shall construed to be an Acceptance of any defective or incomplete work or improper materials.

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7.05. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime Contractor or Subcontractor shall pay any Subcontractor not later than seven (7) days of receipt of each progress payment in accordance with the provisions in Section 7108.5 of the California Business and Professions Code concerning prompt payment to Subcontractors. The seven (7) days is applicable unless a longer period is agreed to in writing.

Any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the prime Contractor , deficient subcontract performance, or noncompliance by a Subcontractor. This provision applies to both DBE and non-DBE Subcontractors.

7.06. LIENS AND STOP NOTICES
The Contractor agrees to keep the Work, the site of the Work and all monies held by the City free and clear of all liens and stop notices related to labor and materials furnished in connection with the Work, if permitted by law. Furthermore, the Contractor waives any right it may have to file any type of lien or stop notice in connection with the Work. Notwithstanding anything to the contrary contained in the Contract Documents, if any such lien or stop notice is filed or there is evidence to believe that lien or stop notice may be filed at any time during the progress of the Work or within the duration of this Contract, the City may refuse to make any payment otherwise due the Contractor or may withhold any payment due the Contractor a sum sufficient in the opinion of the City to pay all obligations and expenses necessary to satisfy such lien or stop notice. The City may withhold such payment unless or until the Contractor, within ten days after demand therefor by the City, shall furnish satisfactory evidence that the indebtedness and any lien or stop notice in respect thereof has been satisfied, discharged and released of record, or that the Contractor has legally caused such lien or stop notice to be released of record pending the resolution of any dispute between the Contractor and any person or persons filing such lien or stop notice. If the Contractor shall fail to furnish such satisfactory evidence within ten days of the demand therefor, the City may discharge such indebtedness and deduct the amount thereof, together with any and all losses, costs and damages suffered or incurred by the City from any sum payable to the Contractor under the Contract Documents, including but not limited to final payment and retained percentage. This section shall be specifically included in all Subcontracts and purchase orders entered into by the Contractor.

7.07. FINAL ACCEPTANCE AND DATE OF COMPLETION
Whenever the Contractor shall deem all Work under this Contract to have been completed in accordance therewith, the Contractor shall so notify the Engineer in writing, and the Engineer shall promptly ascertain whether the Work has been satisfactorily completed and, if not, shall advise the Contractor in detail and in writing of any additional work required. When all the provisions of the Contract have been fully complied with, to the satisfaction of the Engineer, the Engineer shall proceed with all reasonable diligence to determine accurately the total value of all Work performed by the Contractor at the prices set forth in the Contract or fixed by Change Orders, and the total value of all extra work, all in accordance with the Contract.

The Engineer will then certify to said final estimate and to the completion of the Work, and will file copies thereof with the City and the Contractor, and shall cause of Notice of Completion to be filed with the Yolo County Clerk-Recorder . The date of completion shall be the date of filing of the Notice of Completion. All guarantees, warranties, and securities securing said guarantees and warranties, shall commence on said date.

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7.08. RIGHT TO WITHHOLD PAYMENTS
(a) In addition to all other rights and remedies of the City hereunder and by virtue of the law, the City may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonably be necessary to protect the City from loss on account of:
(1) Defective work not remedied, irrespective of when any such work be found to be defective;
(2) Claims or liens filed or reasonable evidence indicating probable filing of claims or liens including, but not limited to claims under Sections 1775, 1776, or 1777.7 of the Labor Code;
(3) Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to Subcontractors and/or suppliers; (4) A reasonable doubt that the Work can be completed for the balance then unearned;
(5) A reasonable doubt that the Contractor will complete the Work within the agreed time limits;
(6) Costs to the City resulting from failure of the Contractor to complete the Work within the proper time; or
(7) Damage to work or property.
(b) Whenever the City shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefor will be given the Contractor. After the Contractor has corrected the enumerated deficiencies, the City will promptly pay to the Contractor the amount so withheld. When monies are withheld to protect the City against claims or liens of mechanics, material men, Subcontractors, etc., the City may at its discretion permit the Contractor to deliver a surety bond in terms and amount satisfactory to the City, indemnifying the City against any loss or expense, and upon Acceptance thereof by the City, the City shall release to the Contractor monies so withheld.

7.09. FINAL PAYMENT
Within ten (10) days after the date of completion, the City will file in the Office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. Within sixty (60) days of completion defined in Public Contract Code section 7107, the difference between said final estimate and all payments theretofore made to the Contractor shall be due and payable to the Contractor, subject to any requirements concerning the furnishings of a maintenance bond, and excepting only such sum or sums as may be withheld or deducted in accordance with the provisions of this Contract. All prior certifications upon which partial Payments may have been made, being merely estimates, shall be subject to correction in the final certificate.

7.10. FINAL RELEASE
Final payment to the Contractor in accordance with the final estimate is contingent upon the Contractor furnishing the City with a signed written release of all claims against the City arising by virtue of the Contract. Disputed Contract claims in stated amounts may be specifically DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 191
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excluded by the Contractor from the operation of the release. The release shall be in substantially the form specified in California Civil Code section 8138.

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PART 3 SUPPLEMENTAL CONDITIONS
(SPECIAL PROVISIONS)
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SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS)
Except as modified by these Supplemental Conditions, the work shall be performed in accordance with Part 3 General Conditions. The numbering of these Supplemental Conditions coincides to the numbering in the General Conditions. The existence of a section in these Supplemental Conditions means that a corresponding section in the General Conditions is modified in some respect. Under these contract documents, Supplemental Conditions and Special Provisions have the same meaning.

The following Supplemental Conditions , if any, shall be used in conjunction with the City of West Sacramento Standard Specifications current edition including Standard Details and all revisions, and the current State of California Department of Transportation (Caltrans) Standard Specifications, in that order.

The following provisions apply to use of or reference to the Caltrans Standard Specifications:

1. None of the “General Provisions” of the Caltrans Standard Specifications, i.e., Sections 1 through 9, applies to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. The City’s “General Conditions” shall govern.

2. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications and a provision of these Contract Documents, the provision in the Contract Documents will govern.

3. Any reference to the “Engineer” in the Caltrans Standard Specifications is deemed to mean “City”, “Owner” or “Architect/Engineer” or Owner’s designated representative.

4. Any reference to the “State” in the Caltrans Standard Specifications is deemed to mean “City” or “Owner.”
City Standard Specifications are available online at:
http://cityofwestsacramento.org/city/depts/comdev/engineering/specs/default.asp Bound hardcopies may be purchased from City Hall at:
1110 West Capitol Avenue, 2nd Floor
West Sacramento, California 95691
or by calling (916) 617-4645 for purchase by mail.

State Standard Specifications are available online at:
http://www.dot.ca.gov/hq/esc/oe/standards.php

5. The Work is being let pursuant to emergency authorization and any reference in the contract documents to competitive bidding and related requirements should be disregarded.

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PART 4 TECHNICAL SPECIFICATIONS
The work shall be performed in accordance with the latest edition of the City of West Sacramento Standard Specifications – Division IV: Standard Construction Specifications and Caltrans Standard Specifications 2015, except as modified by these Technical Specifications.

Section numbering of these Technical Specifications does not conform to the City’s Standard Specifications.

Contractor shall provide submittals (shop drawings) for all materials to be installed or used on the project.
[Technical Specifications]
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PART 5 APPENDIX
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PART 6 SCOPE OF WORK (CONTRACT

DRAWINGS) AND BID SHEET
Scope of work:

The contractor shall construct a rip rack rock wall that is approximately 2.5 feet tall by 9 feet wide within the locations identified below and as marked on the attachments in the Main Drain Canal and secondary canals to help divert more water flow to the Bridgeway Lakes Community Lake and adjacent canals. Goal is to have walls reach at least 15” above the top of the existing water levels.

Rip rap walls are to be installed in three locations (see Image 1 for details) as follows:

1. Near Well #20 (Image 2)

2. At Venice Street and Violet Drive (Image 3)

3. At the Bridgeway Lakes connecting canal (Image 4)
Walls are to stretch across the bottom of the canal to redirect the water from one side to the other. No excavation within the canal or clean up sloped areas is required for site preparation for the walls. Measurements on the images are approximate. The walls should be a trapezoidal shape (wider at the base) in order to diver as much water as possible to the desired locations.

Encroachment permits will be obtained from RD900 by the City of West Sacramento.

Installation Notes:

1. Installation methods are to be determined by the contractor.

2. Access has been confirmed for the contractor to deliver rip rap to the diversion locations with a dump truck. Rock may either be placed on the top of the Canal road or space may allow trucks to maneuver and place rock directly in the Canal. Stack rocks with the excavator to create a diversion wall, at least 2.5 feet high by 9 feet wide at the base and 4feet across the top, that stretches across the Canal.

3. The City is requesting the contractor provide an additional estimate to purchase and install 3/4-inch crushed rock, if needed, to fill in the holes between the rip rap should an unacceptable amount of water flow through the rip rap wall.

Tear Down:

The diversion walls are being explored as a temporary means to divert more water into Bridgeway Lakes and adjacent canals during the dry season. Contractor to remove the rock walls within 10 working days of the request by the City. It is anticipated that the walls will be removed in the second half of October 2022 or prior to the first major rains.

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Alternative bid items requested will include the following tear down methods:

Method 1. Remove diversion walls from the Canal and store rock to the side of the Canal maintenance road.

Method 2. Remove diversion walls from the Canal and store rock at another location within the City limits.

Method 3. Open the canal by moving the rocks to the side of the canals so that the water can freely flow.

Specifications:

Submittals and samples will be required for review and approval.

1. Rip rap 12”-
Responsibility:

The contractor will be responsible for restoring access that is free of debris and ruts.

K-Rail Removal:

There is an existing K rail in the canal at the west side of the Bridgeway Lakes connection canal that needs to be removed as part of this project. K rail shall be placed on the side of the access road or placed against side of canal as directed by RD900.

K rail removal to be included in the cost for the rip rap diversion installation at the Bridgeway Lakes connecting canal.

Timeline for Work:

Installation work to begin within 30 days of the awarding of the contract, and completed within 10 working days from start date.

Maps:

Image 1: Rip Rap Wall locations
Image 2: Main Drain Canal Snap Dragon Circle and Lake Washington Blvd.at Well 20 Image 3: Main Drain Canal/Blacker Canal junction between Venice Street and Violet Drive Image 4: Main Drain Canal at Bridgeway Lakes Connecting Canal east of 3745 Otis Ave.

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Image 1: Rip Rap Wall locations
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Image 2: Main Drain Canal Snap Dragon Circle and Lake Washington Blvd.at Well 20 DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 200
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Image 3: Main Drain Canal/Blacker Canal junction between Venice Street and Violet Drive DocuSign Envelope ID: 9029CF26-CFE0-43E4-B320-2B5861D29013 201
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Image 4: Main Drain Canal at Bridgeway Lakes Connecting Canal east of 3745 Otis Ave.

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Bid Sheet:

Bid Results (summary)
Base Bid- Install Rip Rap Walls $73,870.00
Add Alternative- 3/4" Rock $9,850.00
Add Alternative- Tear Down Methods (see notes below) $34,150.00 Bid totals $117,870.00

BASE BID
Line
Item Description Quantity Unit of Measure Total
1 Installation of Rip Rap Wall at Well 20 Location 1 LS $24,420.00 2 Installation of Rip Rap Wall at The Venice Street
and Violet Drive Location 1 LS $10,750.00
3 Installation of Rip Rap Walls at The Bridgeway
Lakes Connecting Canal Locations 1 LS $38,700.00
Total $73,870.00
ADD ALTERNATE BID: 3/4" CRUSHED ROCK
Line
Item Description Quantity Unit of Measure Total
4 Installation of 3/4 Inch Crushed Rock at Well 20
Location 15 CY $2,850.00
5 Installation of 3/4 Inch Crushed Rock at The
Venice Street and Violet Drive Location 10 CY $2,500.00 6 Installation of 3/4 Inch Crushed Rock at The
Bridgeway Lakes Canal Locations 30 CY $4,500.00
Total $9,850.00

ADD ALTERNATIVE BID: TEAR DOWN*
Line
Item Description Quantity Unit of Measure Total
7 Tear Down Method 1: Remove diversion walls;
store beside canal 1 LS $24,100.00
8 Tear Down Method 2: Remove diversion walls
and store within City limits 1 LS $34,150.00
9 Tear Down Method 3: Pull rock to the sides of
the canal 1 LS $21,375.00
Total $34,150.00
*Tear Down Method 2 pricing chosen for contract purposes; method to be determined based on installation outcomes
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Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
204 Revised 2011

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 21, 2022 ITEM # 7
SUBJECT:

CONSIDERATION OF APPROVAL OF CONTRACT WITH CALIFORNIA CUSTOM DOCKS

CORPORATION TO PERFORM RIVERFRONT MAINTENANCE AND REPAIR SERVICES INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jason Puopolo, Parks Operations Superintendent
Parks and Recreation Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
Staff is seeking City Council approval of a Contract for Services with California Custom Docks Corporation to perform maintenance and repair services for riverfront facilities, including the Broderick Boat Launch Facility, Etenesh Zeleke Public Dock, and Mill Street Pier.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the maintenance and repair services identified in the contract with California Custom Docks Corporation are exempt from CEQA pursuant to the Categorical Exemption under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301 and find that the determination represents the independent judgment of the City; 2) Authorize the City Manager, or his designee, to execute a Contract for Services with California Custom Docks Corporation for maintenance and repair services in an amount not to exceed $177,732.00; and 3) Authorize the City Manager to execute non-substantive changes or modifications to the Contract for Services, with approval from the City Attorney.

BACKGROUND
The Parks and Recreation Department maintains the Broderick Boat Launch Facility, the new Etenesh Zeleke Public Dock and the Mill Street Pier, as well as associated public art at those locations. The Public Boat Dock and Boat Ramp facilities serve a variety of recreational vessels and are frequented by a large number of patrons on a daily basis throughout the boating season (Memorial Day weekend through Labor Day each year). Routine maintenance activities at the Boat Launch Facility include annual installation and removal of the floating docks and associated moorings and buoys, which is required seasonally due to fluctuating water levels that may damage/dislodge the docks, inspection of the docks and replacing damaged sections, as needed. In addition to routine maintenance work, there is also a need to replace and install a new Dock anchor cable and concrete anchor block.

Maintenance of the Etenesh Zeleke Public Dock includes weekly pressure washing, inspection of the structures (above and below surface), and small repairs/removal of debris and graffiti. Staff has contracted for this work historically, as it often requires specialized skills and equipment that only professional contractors possess. The City currently has a contract with California Custom Docks Corporation to perform this work, which expires on September 30, 2022. Additionally, staff assists with routine maintenance of the Mill Street Pier. Although most maintenance work for the Pier has historically been performed in-house, additional specialized maintenance work is now required as additional vandalism/repair work associated with the Pier and public art element is occurring more frequently.

For all of these facilities, occasional debris and/or vessel removal may be required due to storm events and/or abandoned vessels. Having a contractor available to perform this work on an as-needed basis is helpful to prevent damage to the facilities and to avoid public safety issues.

ANALYSIS
On June 20, 2022, City staff issued a Request for Proposals (RFP) for Maintenance and Repair Services for the Broderick Boat Launch Facility, Etenesh Zeleke Public Dock, and Mill Street Pier. On July 18, 2022, one proposal was received in response to the RFP from California Custom Docks Corporation. Staff evaluated the proposal to determine if the contractor met the qualifications required for the services requested. The cost proposal from 205
Consideration of Contract Award to California Custom Docks Corporation September 21, 2022

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West Sacramento City CouncilSeptember 21, 2022

West Sacramento City Council
September 21, 2022