will ensure heightened security. This heightened security will include the construction of a new iron-rod security fence which will improve operations, reduce intrusion risk, and provide safety for the plant personnel and our most valuable assets– infrastructure and water quality.
ANALYSIS
The Capital Projects Department conducted a competitive bid to select a contractor for the Water Treatment Plant Security Fence Project. The project includes removal of the existing chain-link fence and gates, installation of 1875 linear feet of 8-foot-tall iron-rod fencing, security non-climb mesh, four (4) gates and two (2) access controls. On September 9, 2022, the bid package was advertised in the local paper. The bid package was also posted on the City’s website and through our electronic procurement platform OpenGov.com. At the close of the advertising period, City staff received two (2) bids that were opened on October 7, 2022.
The bid results were as follows:
Table 1
Rank Contractor Base Bid Amount
1 Roebbelen Contracting Inc. $747,830
2 North State General Contractors $759,750
After examining the Contractor’s licenses, work experience, qualifications and proposal submitted in each of the complete bid packages, staff determined that Roebbelen Contracting Inc. is the lowest, responsive, and qualified bidder, with a total bid of $747,830. On this basis, staff recommends awarding the construction contract to Roebbelen Contracting Inc.
Environmental Considerations
The California Environmental Quality Act (CEQA) Title 14, Chapter 3, Article 19 defines what projects or categories are allowed to be considered Categorically Exempt. Section 15301 Class 1 (d) allows public entitles to perform operations such as repair, maintenance, or minor alteration of existing public structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed removal of the old structure and installation of new security fence falls within the Class 1 Categorical Exemption.
Commission Recommendation
Not applicable.
Strategic Plan Integration
The project and recommended actions support the City’s Mission of providing Municipal Services and Quality City Infrastructure and Facilities. This is consistent with the City Council’s goal for a Financially Sound City Government and to provide Quality City Services.
Alternatives
The City Council may decide to:
1) Approve the recommended actions as found above in this report; 2) Make changes to recommended actions; or
3) Defer the project to a later date or cancel the project.
Staff recommends Alternative 1 as the best way to ensure project delivery and give the City the maximum allowable security at the George Kristoff Water Treatment Plant. Safety of the City’s water infrastructure and the quality potable water that flows from it are of paramount concern for City staff. The new fencing will help provide the necessary security for the Water Treatment Plant. Any delay to the construction of the security fencing will sacrifice safety and the project will likely cost more in the future, due to inflation and the rising cost of materials and services.
Coordination and Review
This report was prepared by the Capital Projects Department with extensive input from the Public Works Operations and Maintenance Department. The report was coordinated with and reviewed by the Finance Department.
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Budget/Cost Impact
This project was added to the CIP by Resolution 22-97 on August 17, 2022. At that time, the project cost was estimated at $500,000, which was the amount included in the project budget. Resolution 22-23 requests an additional $600,000 be transferred from a lower priority project, Alternative Energy/Fuel Cell Project – CIP 21033, to the Water Treatment Plant Security Fence Project – CIP 21042. Table 2 depicts the Water Treatment Plant Security Fence project funding sources and uses.
Table 2.
PROJECT REVENUE
Original Project Appropriation $500,000.00
Transfers from lower priority
project (Alternative Energy/Fuel
Cell Project) – Resolution 22-37
$600,000.00
Total Current Project
Appropriation $1,100,000.00
TOTAL PROJECT COST
Construction Contract $ 747,830.00
Contingency 15% $ 112,174.50
City Staff Time (Including ICAP) $ 56,000.00
Special Inspection $ 15,000.00
Labor Compliance $ 9,000.00
Environmental $ 18,000.00
Permitting $ 43,000.23
Total Costs $1,001,004.73
ATTACHMENTS
1) Contract with Roebbelen Contracting Inc.
2) Resolution 22-37
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CONSTRUCTION CONTRACT
THIS CONTRACT made on December 17, 2022, by and between the CITY OF WEST SACRAMENTO (“City”), and Roebbelen Contracting, 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 Water Treatment Plant Security Fence Project “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: Inambao Lifanu
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 $747,830.00 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 total project will be completed within two hundred seventy (270) working days, as defined in the General Conditions, after the date stated in the Notice to Proceed. 119
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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 Roebbelen Contracting, Inc.
Attention Robert Kjome, Executive VP
Street Address 1241 Hawks Flight Court
City, State, Zip Code El Dorado Hills, CA 95762
(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 Robert Kjome, Roebbelen Contracting,
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 Roebbelen Contracting, Inc., hereinafter “Contractor,” a Contract for the work described as follows:
WATER TREATMENT PLANT FENCE REPLACEMENT PROJECT
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, Roebbelen Contracting, 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 122
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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 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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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.
Robert Kjome, Executive VP
By
(Business Address)
(Place of Residence)
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PART 2 GENERAL CONDITIONS
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PART 3: 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
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IEEE The Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society
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.
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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.
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. 128
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County - County of Yolo, California.
Date of Completion - Date of filing of the Notice of Completion with the Yolo County ClerkRecorder’s Office.
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. 129
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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).
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 130
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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 132
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the execution of this Contract, shall affect or modify any of the terms or obligations contained herein.
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 133
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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.
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
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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.
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.
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(7) Failure to Agree on Lump Sum Amount
In the event that the parties are unable to agree as to the reasonable costs and time to perform the change in or addition to the Work based upon the Contractor’s proposal and 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 136
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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 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. 137
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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.
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 138
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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 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:
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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, Robert Kjome
Executive VP
Roebbelen Contracting, Inc.
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 140
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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.
(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.
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(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. (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. 143
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(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, 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 144
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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. (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 145
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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 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.
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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. (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 147
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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 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.
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(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.
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
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(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 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
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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.
(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.
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(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; (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 152
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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 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. 155
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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.
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(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.
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(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.
(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 160
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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 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 161
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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.
(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 162
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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 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. 163
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(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 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. 164
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(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.
(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. 165
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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 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.
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(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 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:
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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.
(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. 168
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(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. (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 169
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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 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 170
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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 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. 171
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(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. (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 172
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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.
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 174
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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. (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 175
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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.
(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 176
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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.
(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.
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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.
(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.
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(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. (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
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(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.
(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 180
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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. (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 182
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month. Consideration will not be given to preparatory work done or for materials or equipment on hand.
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. 183
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(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.
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 184
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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.
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 185
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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 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. 186
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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. 188
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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 CONTRACT DRAWINGS
(BOUND SEPARATELY)
191
Attachment 2
RESOLUTION 22-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
APPROVING AMENDMENTS TO THE CAPITAL IMPROVEMENT PROGRAM TO FULLY
FUND THE GEORGE KRISTOFF WATER TREATMENT PLANT SECURITY FENCE PROJECT (CIP 21042)
WHEREAS, the City Council adopted the biennial Capital Improvement Program (CIP) budget for Fiscal Year 2022/23 on June 16, 2022; and
WHEREAS, on August 17, 2022, the City Council adopted Resolution 22-97 amending the Capital Improvement Program to add CIP-21042 – Water Treatment Plant Security Fence Project and appropriate $500,000 from Fund 507 - Water Capital Projects Fund to fund the project; and
WHEREAS, the Water Treatment Plant Security Fence Project is identified in the Water Master Plan as a Phase 1 (2016 - 2020) Project: These projects are considered highpriority and critical to preserving water quality; and WHEREAS, on October 7, 2022, the Capital Projects Department conducted a competitive bid to select a contractor for the Water Treatment Plant Security Fence Project and staff determined that Roebbelen Contracting Inc. was the lowest-cost, responsive, qualified bidder, with a total bid of $747,830; and
WHEREAS, additional funding of $600,000 is needed to fully fund construction of the Water Treatment Plant Security Fence Project; and
WHEREAS, staff is proposing to transfer $600,000 of Water Funds from a lower priority project (CIP 21033 - Water Treatment Plant-Alternative Energy/Fuel Cells Project), which is not currently feasible due to high maintenance costs and engineering design requirements; and WHEREAS, there are sufficient funds available in the sources identified to fund the additional appropriations as requested for this 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; and NOW, THEREFORE, BE IT RESOLVED 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 2022/23 fiscal year as listed below:
SOURCES
$600,000 507-9621-5530/507-21033-5800 Water Treatment Plant $600,000 TOTAL USES Alternative Energy / Fuel Cells
Project Budget
USES
$600,000 507-9621-5530/507-21042-5800 Water Treatment Plant $600,000 TOTAL USES Security Fence Project Budget
Project Budget
192
Resolution 22-37 Attachment 2
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 by the West Sacramento City Council this 7th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
193
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 7, 2022 ITEM # 6
SUBJECT:
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 22-21 REGARDING PROPOSED AMENDMENTS TITLE 17 (ZONING) OF THE WEST
SACRAMENTO MUNICIPAL CODE
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Daniel Berumen, AICP, Senior Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is for City Council to conduct the second reading and adopt Ordinance 22-21 regarding proposed amendments to Title 17 (Zoning) of the Municipal Code regarding sections 17.01.050 (Applicability), Fueling Stations (Table 17.09.020), Paving (Section 17.08.040), Swimming Pools and Spas (Section 17.22.140.A.1 and 2), Housing Element (HE) Program 6.4 (Emergency Shelters), HE Program: 6.6 (Special Housing Needs), and HE Program: 6.8 (Farmworker Housing).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the amendments to Title 17 (Zoning) of the Municipal Code are exempt from CEQA analysis under CEQA Guidelines §15305 (Minor Alterations in Land Use Limitations) and §15321 (Enforcement Actions by Regulatory Agencies) and direct staff to file a Notice of Exemption; and 2) Waive the second reading and read by title and number only and adopt Ordinance 22-21 amending Title 17 (Zoning) of the West Sacramento Municipal Code regarding sections 17.01.050 (Applicability), Fueling Stations (Table 17.09.020), Paving (Section 17.08.040), Swimming Pools and Spas (Section
17.22.140.A.1 and 2), Housing Element (HE) Program 6.4 (Emergency Shelters), HE Program: 6.6 (Special Housing Needs), and HE Program: 6.8 (Farmworker Housing).
BACKGROUND
On November 16, 2022, the first reading of amendments to Title 17 (Zoning) of the West Sacramento Municipal Code was presented to the City Council for consideration at a public hearing. Staff provided a presentation providing an overview of the code sections proposed to be amended and stating the overall purpose of the proposed amendments. There were no questions from the City Council and no public comments were submitted for this item. The City Council voted to unanimously approve waiving the first reading and reading by title only Ordinance 22-21 regarding the proposed code amendments.
At the October 20, 2022, regularly scheduled Planning Commission public hearing, Staff presented proposed amendments to Title 17 (Zoning) of the Municipal Code (Resolution 22-3PC). The original staff report (resolution and ordinance) included a proposal to allow wind turbines as a permitted by right use in all residential zones.
The Planning Commission decided not to move forward with approval for wind turbines at that meeting after discussion with staff. The Commission directed staff to review the potential environmental impacts and aesthetics relating to the placement of residential wind turbines before returning to the Planning Commission for consideration at a meeting to be determined in the future. The other seven proposed amendments were discussed and deliberated by the Planning Commission and a determination was made. On October 20, 2022, the Planning Commission voted to unanimously approve resolution 22-3PC (Attachment 1) and recommend that the City Council adopt Ordinance 22-21 (Attachment 2).
Title 17 (Zoning) of the Municipal Code requires regular updates to keep up with ongoing changes in the city.
There are existing regulations that are no longer applicable, that require updating due to changes in State law, or that require process improvements.
A list of the proposed sections to amended in Title 17 (Zoning) of the Municipal Code and Housing Element programs to be included are provided below.
1. 17.01.050(A) Applicability to Property
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Amendments to Title 17 (Zoning) of the Municipal Code
December 7, 2022
2. Fueling Stations (Table 17.09.020)
3. Section 17.08.040 (Supplemental Regulations) A – Paving
4. Section 17.22.140 Swimming Pools and Spas
5. Housing Element Program 6.4: Emergency Shelters (Parking)
6. Housing Element Program 6.6: Special Housing Needs
7. Housing Element Program 6.8: Farm Worker Housing
ANALYSIS
Staff’s proposed changes to the Municipal Code are summarized below. Bold/underline text reflects proposed additions to the existing code, while language proposed for deletion is noted in strikeout text. A summary of the provided change is also noted.
17.01.050 Applicability
A. Applicability to Property. This Code shall apply, to the extent permitted by law, to all property within the corporate limits of the City of West Sacramento and to property for which applications for annexation and/or subdivisions have been submitted to the City of West Sacramento, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City of West Sacramento or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of this Code only to the extent that such property may not be lawfully regulated by the City of West Sacramento.
Summary/Analysis
The intent of this modification is to allow the City greater discretion in working with land use holdings the City owns and operates. For example, the City of West Sacramento would be eligible allow a primary use of its choosing regardless of land use designation. This modification also makes it easier to facilitate General Plan Land Use Goal LU-7: To designate adequate land for development of public and quasi-public uses to support existing and new residential, commercial, and industrial land uses and policy LU-7.7 (Public/ Private Partnership) which encourage public/private partnerships when developing City properties to enhance the surrounding community and provide a source of revenue to fund improvements to city services or facilities.
Fueling Stations:
Amend the land use matrix so that all zones which currently allow by right fueling stations by right are changed to permitted only via a minor use permit. The zoning districts which currently allow fueling stations as a permitted use (P) are the Commercial and Mixed-Use Zones.
TABLE 17.09.020: LAND USE REGULATIONS – COMMERCIAL AND MIXED-USE ZONES “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“Use Not Allowed
Use Classification CBD C CH MUNCMUCWF Additional Regulations Automobile/Vehicle
Sales and Services
See Subclassification below
Fueling Stations - P M P M M - -
Summary/Analysis
This modification would allow the City more control in the approval and placement of fueling stations. An applicant would not be permitted by right to develop or construct a station without 1) submitting a land use application to the Planning Division and 2) approval by the Zoning Administrator. The City of West Sacramento currently has twenty (20) active gas stations in operation. This modification is in line with the City’s policies to reduce fossil fuels in accordance with statewide policies and the City’s General Plan, S-4.3, Climate Action Policies: The City shall, in collaboration with the stakeholders from the community, implement policies and measures to reduce greenhouse gas emissions from community, business, and municipal activities consistent with the targets described in Policies HS-5.1 and 5.2.
Section 17.08.040 A - Paving
The current section of the code states, the maximum amount of impervious surfaces in street-facing yards is 50 percent of the required yard.
Purposed Modification to Section 17.08.040 A - Paving: The maximum amount of impervious surfaces in street-facing yards is 50 percent of the required yard. 195
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In the R-1, R-2, and R-2.5 zones, impervious surfaces including parking, walkways and paved patio areas shall cover no more than fifty (50) percent of the entire front yard that is not covered by a residential structure. Landscaped (pervious) area shall include a combination of well-maintained ground cover, shrubs, hedges, trees, and other pervious vegetation that shall not be paved. Permanent structures, including but not limited to retaining walls, fences, arbors, trellises, shall not be constructed in public service easements.
Summary/Analysis
For the purposes of clarity, staff proposes a more detailed definition of impervious surfaces in street-facing yards to assist the public in their interpretation of this development standard. This standard was initially adopted to prevent paving of front yards for boat and RV storage. This modification is consistent with the previous iteration of the city’s Zoning Code. This change is also consistent with General Plan Policies UD-1.12, Development Regulations: The City shall promote design excellence by ensuring City development regulations clearly express intended rather than prohibited outcomes and reinforce rather than inhibit quality design and UD-1.13, Design Review: The City shall require design review that focuses on achieving appropriate form and function for new development and redevelopment to promote creativity, innovation, safety and quality design.
17.22.140 Swimming Pools and Spas
Amend sections 17.22.140(A)(1) and (2) to allow pools and spas, where space allows, in the front half of the residential corner lot. Currently, the code section 17.22.140(A)(1) states: Front Setback. The outside wall of the water-containing portion of any swimming pool or spa shall be located on the rear half of the lot as measured from the front property line.
Proposed revision to Section 17.22.140(A)(1) and 17.22.140(A)(2):
Front Setback. The outside wall of the water-containing portion of any swimming pool or spa shall be located on the rear half of the lot as measured from the front property line. meet the minimum front setback and shall not be constructed over public service easements.
Street Side Setback. The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of 10 5 feet from the street side property line. Where the lot is enclosed by a masonry subdivision perimeter wall, the street side setback is five feet.
Summary/Analysis
Currently, pools and spas are limited to the rear half of the lot as measured from the front property line. Due to a number of residential properties with limited space in rear yards, staff proposes that swimming pools and spas be allowed within street side yards on corner lots where sufficient space is provided. The placement of the pool and/ or spa shall still comply with guidelines of the Building Division with respect to enclosures (fences, gates, etc.). To avoid conflicts with utility connections, no pool or spa shall be constructed over previously designated public service easements. This modification is consistent with General Plan Policies UD-1.12, Development Regulations: The City shall promote design excellence by ensuring City development regulations clearly express intended rather than prohibited outcomes and reinforce rather than inhibit quality design and UD-1.13, Design Review: The City shall require design review that focuses on achieving appropriate form and function for new development and redevelopment to promote creativity, innovation, safety and quality design.
Housing Element Program 6.4: Emergency Shelters
Staff proposes to amend the code to achieve compliance with State law regarding parking requirements for emergency shelters (Government Code Sections 65583(a)(4)(A) and 65583.2). The current parking requirement stated in section 17.30.100(A)(2)(a) (Emergency Shelters and Daytime Service Facilities, Overnight Service Facilities, Parking) states: Parking shall be provided in the ratio of one space for every five adult beds, plus an additional space designated exclusively for the manager. All parking shall be off street and on site.
Proposed Revision:
Parking shall be provided in the ratio of one space for every five ten adult beds, plus an additional space designated exclusively for the manager. All parking shall be off street and on site.
Summary/Analysis
To be in conformance with State law, staff recommends implementing this modification for emergency shelter parking standards. The intent is to provide sufficient parking to accommodate clients and working staff in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. Staff reviewed policies on parking for emergency shelters from three cities in the region (City of Woodland, City of Davis, and City of Sacramento) to modify this standard and make a reasonable determination on the number of parking spaces per adult beds. In general, this 196 Amendments to Title 17 (Zoning) of the Municipal Code
December 7, 2022
modification continues the implementation of section 17.30.100 of the West Sacramento Municipal Code for the siting, development, and operation of emergency shelters, and daytime service facilities.
Housing Element Program 6.6: Special Housing Needs
Amend the Zoning Code to remove lease and access requirements in the definition of ‘family’ as it pertains to families and households occupying a unit. In implementing affordable housing programs, the city intends to work with housing providers to ensure that special housing needs are addressed for senior citizens, large and multigenerational families, female-headed households, single-parent households with children, persons with disabilities and developmental disabilities, homeless individuals and families, farmworker families, and other disadvantaged persons or families with special housing needs.
Revised Definition of Family in Municipal Code
17.51.020 Definitions, Family. One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food.; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household.
Summary/Analysis
The City will continue the existing program to ensure that special housing needs are addressed for seniors, large and multigenerational families, female-headed households, single-parent households with children, persons with disabilities and developmental disabilities, homeless individuals and families, farmworker families, and other disadvantaged persons or families with special housing needs. The city will seek to meet these special housing needs through a combination of regulatory incentives, new housing construction programs, housing rehabilitation, homebuyer assistance programs, and supportive services programs. In addition, the city may seek funding under the federal Housing Opportunities for Persons with Acquired immunodeficiency syndrome (AIDS), California Child Care Facilities Finance Program, American Association of Retired Persons (AARP) Community Challenge Grant Program, and other state and federal programs designated specifically for special needs groups such as seniors, persons with disabilities, and persons at risk for homelessness.
Housing Element Program 6.8
Amend the zoning code to achieve compliance with (Government Code Section 65583[C]2) to allow farmworker housing by-right in agricultural zones. The Zoning update would include the following terms in Chapter 17.51 (List of Terms and Definitions) and amend the land use matrix (Table 17.07.020) to establish farmworker housing as a permitted by right use in the Agricultural Zone (AG):
“Farmworker” means the same as “agricultural employee” as defined in Section 1140.4(b) of the California Labor Code.
“Farmworker dwelling unit” means a single-family residential unit occupied by a maximum of six farmworkers at any one time.
“Farmworker housing” means a housing accommodation developed for and/or provided to farmworkers and shall consist of any living quarters, dwelling, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodation maintained in one or more buildings and on one or more sites.
TABLE 17.07.020: LAND USE REGULATIONS – Agricultural Zone “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“Use Not Allowed
Land Use Classification AG Additional Regulations
Residential Uses
Farmworker Housing P
Summary/Analysis
The Government Code 65583[C]2 states where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low-income households. The city will apply for available and appropriate federal and state funding to support efforts to meet the housing needs of farmworkers. The city will also 197 Amendments to Title 17 (Zoning) of the Municipal Code
December 7, 2022
collaborate with agricultural employers and advocates for farmworkers in identifying sites and pursuing available funding sources through HCD and the USDA. The city intends to continue to cooperate with affordable housing providers to develop, acquire, rehabilitate, and/or manage affordable housing.
Environmental Considerations
This project is exempt from CEQA review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines.
Commission Recommendation
This item was presented to the Planning Commission at a Public Hearing on October 20, 2022. The Planning Commission unanimously approved staff’s recommendation.
Strategic Plan Integration
This proposed code updates advance the 2022 Policy Agenda Goal, West Sacramento: Equitable Investment Strategy/ Programs and Climate Action Plan Update/Energy Service Reliability.
Alternatives
1. Waive the second reading, and read by title and number only and adopt, Ordinance 22-21 amending Title 17 (Zoning) of the West Sacramento Municipal Code.
2. Find that the requested changes are not appropriate revisions of the Zoning Code and defer adoption of Ordinance 22-21 at this time.
3. Find that the Categorical or Statutory Exemptions are not appropriate and direct staff to perform additional environmental analysis (specify impacts to be addressed) prior to Council consideration of the request.
4. Continue the item to a future date and request additional information be provided at that time.
Coordination and Review
The project was coordinated with staff from the City Attorney’s Office and the Economic Development & Housing Department.
Budget/Cost Impact
There is no budget/ cost impact to the City for this proposed action.
ATTACHMENT(S)
1. Planning Commission Resolution 22-3PC
2. Ordinance 22-21
3. Notice of Exemption
198
Attachment 1
RESOLUTION 22-3PC
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF WEST SACRAMENTO
RECOMMENDING APPROVAL OF PROPOSED CHANGES
TO TITLE 17 (ZONING)
OF THE MUNICIPAL CODE OF THE CITY OF WEST SACRAMENTO
WHEREAS, the City of West Sacramento desires to promote and protect the public health, safety, comfort, convenience, and general welfare; to provide a plan for sound and orderly development, and to ensure social and economic stability through adoption of a Zoning Code; and
WHEREAS, the proposed revisions to amend Title 17 (Zoning) of the Municipal Code regarding sections 17.01.050 (Applicability), Fueling Stations (Table 17.09.020), Paving (Section 17.08.040), Swimming Pools and Spas (Table 17.22.140) and Housing Element Policies HE Program 6.4 (Emergency Shelters), HE Program: 6.6 (Special Housing Needs), and HE Program: 6.8 (Farmworker Housing); and
WHEREAS, the proposed changes to Title 17 are exempt from CEQA review pursuant to §15305 (Minor Alterations in Land Use Limitations) and Class 21 (Enforcement Actions by Regulatory Agencies) CEQA exemption of the CEQA Guidelines; and WHEREAS, at a duly noticed public hearing on October 20, 2022, the Planning Commission considered public comments as part of a duly noticed public hearing; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission recommends that the City Council take the following actions:
1. The Planning Commission recommends that the City Council adopt the proposed amendments to Title 17 of the Municipal Code as recommended by the Planning Commission.
PASSED AND ADOPTED by the Planning Commission of the City of West Sacramento this 20th day of October 2022, by the following vote:
AYES: STIGER, HIRSCH, BERLINER, ESQUIVEL, LOCKHART, DEANDA, SABLAN NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
_____
Aria Berliner,
Planning Commission Chairperson
ATTEST:
David W. Tilley, Secretary
DocuSign Envelope ID: 896AC4CA-A097-43D1-9258-23F11F50AA4E 199
Attachment 2
ORDINANCE 22-21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST SACRAMENTO
AMENDING TITLE 17 OF THE
WEST SACRAMENTO MUNICIPAL CODE
The City Council of the City of West Sacramento does ordain as follows:
Section 1. Purpose and Authority. The purpose of the Ordinance is to make amendments to Title 17 (Zoning) of the Municipal Code regarding sections 17.01.050 (Applicability), Fueling Stations (Table 17.09.020), Paving (Section 17.08.040), Swimming Pools and Spas (Section 17.22.140.A.1 and 2) and Housing Element (HE) Program 6.4 (Emergency Shelters), HE Program 6.6 (Special Housing Needs) and HE Program 6.8 (Farmworker Housing).
Section 2. Amendments. The following sections of the West Sacramento Municipal Code are hereby amended to read as follows:
Title 17 (Zoning)
17.01.050 Applicability
A. Applicability to Property. This Code shall apply, to the extent permitted by law, to all property within the corporate limits of the City of West Sacramento and to property for which applications for annexation and/or subdivisions have been submitted to the City of West Sacramento, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City of West Sacramento or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of this Code only to the extent that such property may not be lawfully regulated by the City of West Sacramento.
Fueling Stations:
Amend the land use matrix so that all zones which currently allow by right fueling stations by right are changed to permitted only via a minor use permit. The zoning district which currently allow fueling stations as a permitted use (P) are the Commercial and Mixed-Use Zones.
TABLE 17.09.020: LAND USE REGULATIONS – COMMERCIAL AND MIXED-USE ZONES “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “- “ Use Not Allowed
Use Classification CBD C CH MUNCMUCWF Additional Regulations Automobile/Vehicle
Sales and Services
See Subclassification below
Fueling Stations - P M P M M - -
Section 17.08.040 A - Paving
The maximum amount of impervious surfaces in street-facing yards is 50 percent of the required yard.
200
Ordinance 22-21
In the R-1, R-2, and R-2.5 zones, impervious surfaces including parking, walkways and paved patio areas shall cover no more than fifty (50) percent of the entire front yard that is not covered by a residential structure. Landscaped (pervious) area shall include a combination of well-maintained ground cover, shrubs, hedges, trees, and other pervious vegetation that shall not be paved.
Permanent structures, including but not limited to retaining walls, fences, arbors, trellises, shall not be constructed in public service easements.
17.22.140 Swimming Pools and Spas
Proposed revision to section 17.22.140(A)(1) and 17.22.140(A)(2):
Front Setback. The outside wall of the water-containing portion of any swimming pool or spa shall be located on the rear half of the lot as measured from the front property line. meet the minimum front setback and shall not be constructed over public service easements.
Street Side Setback. The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of 10 5 feet from the street side property line.
Where the lot is enclosed by a masonry subdivision perimeter wall, the street side setback is five feet.
Housing Element Program 6.4: Emergency Shelters
Proposed Modification to Purposed Modification to Section 17.30.100A.2: Parking shall be provided in the ratio of one space for every five ten adult beds, plus an additional space designated exclusively for the manager. All parking shall be off street and on site.
Housing Element Program 6.6: Special Housing Needs
Amend the Zoning Code to remove lease and access requirements in the definition of ‘family’ as it pertains to families and households occupying a unit.
17.51.020 Definitions, Family. One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food.; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household.
Housing Element Program 6.8: Farmworker Housing
Amend the zoning code to achieve compliance with Government Code Section 65583[C]2) to allow farmworker housing by-right in agricultural zones. The Zoning update would include the following terms in Chapter 17.51 (List of Terms and Definitions) and amend the land use matrix (Table 17.07.020) to establish farmworker housing as a permitted by right use in the Agricultural Zone (AG):
“Farmworker” means the same as “agricultural employee” as defined in Section 1140.4(b) of the California Labor Code.
“Farmworker dwelling unit” means a single-family residential unit occupied by a maximum of six farmworkers at any one time.
201
Ordinance 22-21
“Farmworker housing” means a housing accommodation developed for and/or provided to farmworkers and shall consist of any living quarters, dwelling, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodation maintained in one or more buildings and on one or more sites.
TABLE 17.07.020: LAND USE REGULATIONS – Agricultural Zone “P” = Permitted Use; “M” = Minor Use Permit required; “C” = Conditional Use Permit required; “-“Use Not Allowed
Land Use Classification AG Additional Regulations
Residential Uses
Farmworker Housing P
Section 3. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.
Section 4. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.
PASSED AND ADOPTED by the City Council of the City of West Sacramento this 7th day of December 2022, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Martha Guerrero, Mayor
ATTEST: APPROVED AS TO FORM:
Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY _X UNCODIFY ___
202
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: _______________________
Revised 2011
Attachment 6
203
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 7, 2022 ITEM # 7
SUBJECT:
CONSIDERATION OF RESOLUTION 22-17 ESTABLISHING A BUDGET APPROPRIATION OF $430,000 FROM THE MEASURE E FUND FOR PROGRAM OPERATIONS RELATED THE HOMEKEY PROGRAM AT 817 WEST CAPITOL AVENUE INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other Raul Huerta, Housing Manager
Economic Development and Housing Department
ATTACHMENT [X] Yes [ ] No [[ ]] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this report is to provide sufficient information for the Council to adopt Resolution 22-17 establishing a budget appropriation of $430,000 from the Measure E Fund for program operations related to the Homekey Program at 817 West Capitol Avenue.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 22-17 (Attachment 1) establishing a budget appropriation of $430,000 funded by Measure E revenue for program operations related to the Homekey Program at 817 West Capitol Avenue.
BACKGROUND
On November 18, 2020, the Council authorized the acquisition of the 40-unit Rodeway Inn motel as part of its ongoing efforts to assist the homeless amid the COVID-19 pandemic. The acquisition of the Rodeway Inn was made possible with funds from the State Homekey Program, a follow up to Project RoomKey, which provided funding for leasing motels, in the State’s response to protect individuals experiencing homelessness during the COVID-19 pandemic. Yolo County Health and Human Services Agency (HSSA) administers Project RoomKey county-wide and works closely with the cities of Davis, Woodland and West Sacramento for referrals and placements into local motels. The Homekey Program is intended to complement and sustain Project RoomKey, which was initiated in March 2020.
The acquisition and minor rehabilitation of the Rodeway Inn was funded by a $3,519,212 Homekey Program award, a CARES-fund subaward of $638,775 from Yolo County and local funds from City’s Community Development Block Grant Program ($1,202,874) and Measure E ($2,274,359) funds. With the City’s award of Homekey Program funds and acquisition of the Rodeway Inn, the City is responsible for operations and supportive services for program participants. The Homekey Program must remain operational for a minimum of five years.
ANALYSIS
In addition to the State Homekey Program award to acquire the Rodeway Inn, the City was awarded an operational subsidy of $960,000, which has been used to pay for Homekey Program operational costs such as utilities, security, minor repair/replacements, property management and supportive services, among others.
Staff has been successful in securing additional funding to cover the cost of supportive services (case management, housing navigation, food distribution and limited laundry services) for program participants, including a $108,029 subaward of Yolo County Community Development Block Grant-Coronavirus (CDBG-CV) funds and a $396,000 subaward from Yolo County Emergency Solutions Grant-Coronavirus Round 2 (ESGCV2) funds. Additionally, earlier this year the Council approved an allocation of $85,571 of local CDBG funds and $86,588 in local CDBG-CV funds for supportive services. While current grant awards and allocations will cover the cost of supportive services for the next 12 months, additional funding is needed for program operations. Staff is recommending that property management and maintenance become City positions a separate staff report is being presented to City Council to address and fund property management and maintenance positions. The average monthly cost of the remaining program operations is as follows:
204
Operating Costs Annual Monthly
Utilities (PGE, ATT, DISH, CITY) $ 127,000 $ 10,583
Security (A1) $ 132,000 $ 11,000
Maintenance/Supplies (Home Depot, Lowes) $ 32,000 $ 2,667 Legal (Kronick) $ 5,000 $ 417
Emergency Repairs $ 100,000 $ 8,333
Taxes (Yolo County) $ 2,000 $ 167
SUBTOTAL $ 398,000 $ 33,167
Based on the average cost of operations, staff recommends a Measure E appropriation of $430,000 to cover expenses for the next 12 months. Staff will continue to seek funding opportunities for both supportive services and program operations to limit future Measure E fund requests.
Environmental Considerations
On November 18, 2020, the Council made a finding that the acquisition of the Rodeway Inn was statutorily exempt from California Environmental Quality Act (CEQA) analysis under §50675.1.2 of the California Health and Safety Code relating to Multi-Family Housing and exempt under the Class 1 (Existing Facilities) Categorical Exemption (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15301).
Furthermore, activities receiving ESG-CV and CDBG-CV funding must satisfy all National Environmental Policy Act (NEPA) requirements. Staff completed the NEPA review on both funding sources in March 2022 and determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under NEPA is not required.
Commission Recommendation
The Economic Development and Housing Commission recommended local CDBG and CDBG-CV funds to support the City’s Homekey Program. However, due to the urgency in allocating Measure E funds to sustain program operations, no commission recommendation was received.
Strategic Plan Integration
The recommended actions address Homelessness and Communitywide Impacts, which is on the Council’s 2020 Strategic Plan Management Agenda and was a 2019 Management Agenda Top Priority and a 2017-2018 Policy Agenda Top Priority. The recommended actions address the COVID Resiliency Framework, which is also on the Council’s 2020 Strategic Plan Management Agenda.
Alternatives
The Council’s primary alternative to the recommended action is to reject the appropriation of Measure E funds.
This is not recommended as the Homekey Program operational subsidy has been depleted and the program must remain operational for a minimum of five years.
Coordination and Review
The report was coordinated with the Finance and Technology Department.
Budget/Cost Impact
Budget Resolution 22-17 proposes to allocate $430,000 in Measure E one-time funds to support the operations of the Homekey Program. While the City has sufficient one-time Measure E funds available for this purpose, consideration of that option must be balanced by competing requests for one-time Measure E funds for other eligible uses such as road rehabilitation projects.
ATTACHMENTS
1. Resolution 22-17
2. Measure E Analysis
205
RESOLUTION 22-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ESTABLISHING A BUDGET APPROPRIATION OF $430,000 FROM THE MEASURE E FUND FOR PROGRAM OPERATIONS RELATED THE HOMEKEY PROGRAM AT 817
WEST CAPITOL AVENUE
WHEREAS, the City of West Sacramento (City) was awarded Homekey Program funds from the State Department of Housing and Community Development (HCD) for motel acquisitions for interim housing to serve people experiencing, or at risk of experiencing, homelessness who are impacted by the COVID-19 pandemic; and WHEREAS, on November 18, 2020, the City Council authorized the acquisition of the Rodeway Inn as part of the Homekey Program and appropriated additional Measure E, Community Development Block Grant and Yolo County Coronavirus Relief Funds for the motel purchase; and
WHEREAS, the City was also awarded a $960,000 Homekey Program operational subsidy to cover costs of operating the program for an estimated 18-month period; and WHEREAS, the Homekey Program operational subsidy has now been depleted and additional funds are needed to continue Homekey Program operations; and WHEREAS, $430,000 is needed to continue Homekey Program operations for the next 12 months, and those funds are proposed to be appropriated from the Measure E fund, which has sufficient available balance and is an appropriate source of funds for this project given that Measure E funds were utilized to fund a portion of the initial property acquisition; 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 Council hereby approves amendments to the Operations and Maintenance and Capital Improvement Program budgets for fiscal year 2022/2023 as listed below.
SOURCES
$430,000 110-0000-3110 Measure E Fund Balance
$430,000 TOTAL SOURCES
USES
$127,000 110-9019-5222 Utilities (PGE, ATT, Dish, Water) $132,000 110-9019-5261 Security
$ 32,000 110-9019-5212 Maintenance/Supplies
$ 5,000 110-9019-5260 Legal Fees
$100,000 110-9019-5241 Maintenance-Structures/Grounds
$ 2,000 110-9019-5330 Taxes/Assessments
$ 32,000 110-9019-5990 Contingency
$430,000 TOTAL USES
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 by the West Sacramento City Council this 7th day of 206
December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jennifer Cusmir, City Clerk
Martha Guerrero, Mayor
207
Measure E Analysis
Project Description
This requested expenditure is to assist with program operations of the City’s Homekey Program at the former Rodeway Inn. The Homekey Program was created as a response to the COVID-19 pandemic to provide interim housing for homeless individuals, or at risk of being homeless. The Homekey Program was used to transition Project RoomKey participants that were being housed in West Sacramento motels. The Homekey Program will operate for a minimum of five years, at which point the City will seek to redevelop the site and replace the Homekey units with affordable housing units on- or off-site. Initial funding for the City’s Homekey Program come from the State Department of Housing and Community Development (HCD) Homekey Program and local funding sources such as Community Development Block Grant (CDBG) Coronavirus, CDBG Program Income funds and a subaward of Yolo County Coronavirus Relief Funds. The City also received an operational subsidy award of $960,000 from the State Homekey Program. Additional funding for program operations and supportive services was received from Yolo County Emergency Solutions Grant-Coronavirus Round 2 (ESG-CV2) and Yolo County CDBG-CV funds.
Policy Context
“Homelessness and Communitywide Impacts” is a Top Priority Policy Management Agenda item from the Council’s 2019 Strategic Plan and on the Management Agenda of the 2020 Strategic Plan. Furthermore, COVID Resiliency and the need to “Adapt and persevere through COVID-19” is noted on the 2020 Strategic Plan vision. Lastly, voter-approved Measure E specifically listed “reducing community impacts of homelessness” as one of its programmatic uses.
Supplementary Funds
The proposed expenditure is to support a homeless assistance program that will be partially funded by the City. Additional funding sources for the City’s Homekey Program include HCD Homekey Program funds, local CDBG funds and a subaward of Yolo County Coronavirus Relief Funds. Additional funding for program operations and supportive services was received from Yolo County Emergency Solutions Grant-Coronavirus Round 2 (ESG-CV2) and Yolo County CDBG-CV funds. This effort will create fiscal as well as other benefits by providing medium-term housing for one of the most vulnerable populations during the COVID-19 pandemic and beyond.
The Homekey Program will also provide the City’s Homeless Manager with an additional resource to help West Sacramento residents escape homelessness. While difficult to quantify, the project is also expected to create soft cost savings to the Police Department by reducing the amount of time spent on homeless-related enforcement activities.
Operational Costs
The proposed Measure E expenditure will be used to pay for operational costs to support the City’s Homekey Program. In addition to the State Homekey Program award to acquire the Rodeway Inn, the City was awarded an operational subsidy of $960,000, which has been used to pay for Homekey Program operational costs such as utilities, security, minor repair/replacements, property management and supportive services, among others – the operation subsidy has now been depleted. Staff has been successful in securing additional funding to cover the cost of supportive services (case management, housing navigation, food distribution and limited laundry services) for program participants, including a $108,029 subaward of Yolo County Community Development Block Grant-Coronavirus (CDBG-CV) funds and a $396,000 subaward from Yolo County Emergency Solutions Grant-Coronavirus Round 2 (ESG-CV2) funds. Additionally, the Council approved an allocation of $85,571 of local 2022 CDBG funds and $86,588 in local 2022 CDBG-CV funds for supportive services. While current grant awards and allocations will cover the cost of supportive services for the next 12 months, additional funding is needed for program operations.
208
Desired Outcome
The proposed Measure E expenditure is expected to mitigate and reduce the community impacts of homelessness. The program will provide interim housing for homeless individuals, or at risk of being homeless, to respond to the COVID-19 pandemic and beyond. Participants will also receive supportive services from Yolo County Health and Human Services Agency, Yolo County Children’s Alliance, Mercy Coalition of West Sacramento and the City’s Homeless Outreach & Services Program Manager. The City’s Homekey Program will be active for a minimum of five years, during which time the goal will be to secure permanent housing for Homekey Program participants. During this time, participants will be indoors and safe from the dangers that they face from living outdoors.
Theory of Change
The proposal’s outcomes are premised on two key assumptions: (1) the Homekey Program model will directly promote positive behavioral changes for participants by providing supportive services with a goal to achieve self-sufficiency and place them in permanent housing; (2) an increase in positive behavioral changes will further encourage participants to rebuild effective work habits, take on leadership opportunities, further their education, and ready themselves to reenter the workforce and housing through the support of a positive community.
There are two key risks to this vision: (1) the Homekey Program fails to secure enough willing participants for the program, and (2) participants remain unresponsive to the increase in positive behavior changes. To mitigate the first risk, the City’s Homekey Program will have multiple entry points to the program. These entry points include: 1) existing Project RoomKey participants being housed in West Sacramento motels; 2) referrals from the West Sacramento Homeless Manager; and 3) referrals from partner relationships with other agencies in the City. The following factors mitigate the second risk: (1) supportive services will be offered on-site to all Homekey Program participants by Yolo County Health and Human Services Agency, Yolo County Children’s Alliance, Mercy Coalition of West Sacramento and the City’s Homeless Manager, with an ultimate goal of self-sufficiency and identifying a permanent housing alternative, and (2) homeless persons who engage in illegal behaviors will be subject to enforcement actions from the Police Department.
Performance Metrics
Homekey Program participants will be tracked using the Yolo County Continuum of Care (CoC) Health Management Information System (HMIS). The HMIS is used County-wide to track services individuals are receiving, individual’s health needs and is used for housing placement opportunities. Additionally, staff will maintain records on the following metrics:
Number of Homekey Program participants being served
Number of Homekey Program participations receiving supportive services Number of Homekey Program participants who have moved into permanent housing Number of Homekey Program participations who have gained employment Number of Homekey Program participations who removed barriers to self-sufficiency Collectively, staff believes the analyses summarized above will provide the Council with ample information to review the program’s performance and assess its effectiveness. 209
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 7, 2022 ITEM # 8
SUBJECT:
CONSIDERATION OF CONTRACT AWARD TO
VERDE DESIGN, INC. FOR THE RECREATION CENTER TENNIS COURTS LIGHTING AND DRAINAGE PROJECT (CIP-62143)
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 sufficient information to City Council for consideration of a contract award to Verde Design, Inc. for the Recreation Center Tennis Courts Lighting and Drainage Project.
RECOMMENDED ACTIONS
Staff respectfully recommends that the City Council:
1) Find that the Tennis Court Lighting and Drainage Project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1); 2) Award a professional services contract to Verde Design, Inc. in an amount not to exceed $146,610 for the Recreation Center Tennis Courts Lighting and Drainage Project (CIP-62143); 3) Authorize the City Manager, or his designee, to execute a contract with Verde Design, Inc. in the amount of $146,610;
4) Authorize the City Manager, to execute non-substantive changes or modifications to the contract with Verde Design, Inc. with approval from the City Attorney; and 5) Authorize the City Manager or his designee to execute contract amendments up to 15% ($21,991.50) of the value of the contract.
BACKGROUND
The Recreation Center, located at 2801 Jefferson Boulevard, is a joint use facility between the City and River City High School. Lighting for the tennis courts was included in the original Recreation Center project designs, but was later value engineered out of the project to help reduce costs. Per the Joint Use Agreement between the City and WUSD, River City High School has priority use of the tennis courts, resulting in little to no court availability for the public/Rec Center passholders in the afternoon most days of the year. Due to COVID limiting indoor activities, the Recreation Center tennis courts have seen an increase in use, as well as customer complaints about limited availability during the school year. The tennis courts were resurfaced last year and included striping two courts for pickleball use. Unfortunately, without lighting, the tennis/pickleball courts may only be used by the public in the morning and early afternoon during the week. Installing lights at the Recreation Center tennis courts provides opportunities for extended use and programming, including league play, lessons and tournaments which generate revenue to support other recreation programming. During the tennis court resurfacing project, it was also discovered that poor drainage surrounding the perimeter of the tennis courts was contributing to premature degradation of the courts and will require significant ongoing maintenance if not improved.
On December 8, 2021, City Council Adopted Resolution 21-101 approving mid-term amendments to the Capital Improvement Program (CIP) budget for FY 2021/22 and FY 2022/23. The Recreation Center Tennis Courts Lighting and Drainage Project (CIP-62143) was approved in the amount of $270,000, which included funding to design and complete lighting for the tennis courts, as well as drainage improvements.
ANALYSIS
The Capital Projects Department, in conjunction with the Parks and Recreation Department issued a Request for Proposals (RFP) for the design of the Tennis Courts Lighting and Drainage Project. On September 30,2022, the RFP was advertised and posted on the City’s website and through the OpenGov.com. By the end of the advertising period on October 18,2022, City staff had received (1) proposal from Verde Design, Inc. The proposal was ranked and evaluated by staff from the Capital Projects and Parks and Recreation departments and it was determined that Verde Design, Inc. met all specified criteria. The firm’s proposal also highlighted the experience and qualifications required to meet the Department of State Architects (DSA) requirements for design and construction, which is required for this project. Based on this information, staff recommends awarding a professional services contract to Verde Design, Inc. 210 Recreation Center Tennis Courts Lighting & Drainage Design Contract Award December 7, 2022
Environmental Considerations
The Recreation Center Tennis Courts Lighting and Drainage Project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15301 (Class 1). Class 1 consists of operation, repair, maintenance, permitting leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The lighting and drainage improvements involve minor alterations of existing public facilities and negligible expansion of use.
Commission Recommendation
On April 5, 2022, the Parks Recreation, and Intergenerational Services Commission received an update on the Parks and Recreation Department Major Projects and Programs for 2022-2025, which included the Tennis Courts Lighting and Drainage Project. The Commission was supportive of this project and its ability to expand access to both tennis and pickleball for residents.
Strategic Plan Integration
The Recreation Center Tennis Courts Lighting and Drainage Project aligns with the City's 2019 Strategic Plan Management Agenda High Priority item: "Parks, Recreation and Open Space Master Plan Implementation, “and the City Strategic Plan goal of "West Sacramento: Preferred place to live, work, learn and play." The project further supports the City's mission statement: "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
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as described above in this report; 2) Alter the recommended actions; or
3) Defer or cancel the project.
Staff recommends the Council proceed with Alternative 1, as this project was already approved by City Council as part of the mid-term amendments to the CIP budget for FY 2021/22 and FY 2022/23. Additionally, advancing the design work now is critical in order to complete the DSA review process. The construction window for this Project is limited to two timeframes per year, based on River City High School’s use of the courts. Delaying the design process now could delay completion of the project by as much as one year, which could also impact construction costs.
Coordination and Review
This report was prepared in coordination with the Capital Projects Department, the City Manager’s Office, the Finance Department and Washington Unified School District Facilities staff.
Budget/Cost Impact
There are no budget impacts at this time as the design contract is fully funded by the Recreation Center Tennis Courts Lighting and Drainage Project (CIP-62143).
ATTACHMENT(S)
1) Notice of Determination
2) Professional Services Contract
211
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: _______________________
212 Revised 2011
CONTRACT FOR SERVICES
THIS CONTRACT is made on December 7, 2022, by and between the CITY OF WEST SACRAMENTO (“City”), and Verde Design, Inc (“Consultant”).
WITNESSETH:
WHEREAS, the City desires Verde Design, Inc to provide design services for the City of West Sacramento Recreation Center Tennis Courts Lighting and Drainage Project; WHEREAS, the Consultant has presented a proposal for such services to the City, dated October 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:
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 “B” and terminate on February 28, 2024.
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B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.
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 equal to the original term of this Contract 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 and forty-six thousand six hundred ten dollars ($146,610), 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 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 30 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:
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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. 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. 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:
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.
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. 215
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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 "E".
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.
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 216
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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:
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. 217
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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).
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 it’s 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:
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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).
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. 219
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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 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.
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.
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: Chris Surawski
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
Consultant: Verde Design, Inc
Mark S. Baginski, Principal
1843 Iron Point Road, Suite 140
Folsom, CA 95630
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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]
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CITY OF WEST SACRAMENTO
By: __________________________
Aaron Laurel, City Manager
ATTEST:
By: _______________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:
By: _______________________
Jeffrey Mitchell, City Attorney
CONSULTANT
By: _________________________
Title: Mark S. Baginski, Principal
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EXHIBIT A
Consultant Proposal/Scope of Work
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LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN A. PROPOSAL TRANSMITTAL LETTER
October 18, 2022
City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Attention: Joshua Bailey, Project Manager II
SUBJECT: REQUEST FOR PROPOSALS (22-076-RFP) FOR WEST SACRAMENTO RECREATIONAL CENTER - TENNIS
COURT LIGHTING AND DRAINAGE DESIGN
Dear Mr. Bailey and Members of the Evaluation Committee:
A. Proposer's Name and Contact. The Letter shall state the complete name, or business name, of the Proposer making the Proposal. The Letter shall state the name, title, mailing address, email address, and telephone number of the person the City should contact regarding the Proposal.
• Name: Verde Design, Inc.
• Main Contact: Mark Baginski, RLA, LEED AP, Principal-in-Charge, 408.850.311 | [email protected] • Mailing Address: 1843 Iron Point Road, Suite 140, Folsom, CA 95630 B. Statement of Offer. Our proposal is an offer to complete the Scope of Work and the offer, including the Cost Proposal rates and budget, remains valid for at least ninety (90) business days after the Proposal due date.
C. Conflict of Interest. Verde Design, nor any individual who shall perform work under the Contract, does not have any possible conflict of interest. We understand the City reserves the right to terminate the Contract if its execution would or could create, or give the appearance of creating, a conflict of interest. The City, at its sole discretion, shall make all determinations on the existence or appearance of a conflict of interest.
D. City Contract Terms. Verde Design has read through the City's standard contract and insurance (Included in Attachments) have been reviewed and accepted without qualification. We understand that if no qualifications are identified, we have accepted the City' standard contract and be capable of completing the Scope of Work, as well as all reasonably associated managerial tasks, without reservation or qualification.
D. Subcontractors. Along with our in-house team, Verde Design proposes the following subconsultants to provide specialized services for your proposed project.
• Access Compliance Services - Accessibility Services
Contact: Jonathan Adler, 831.429.4191 | [email protected] | 1500 41st Ave., Suite 254-B, Capitola, CA • AKH Structural Engineers - Structural Engineering Services Contact: Tim Hyde, S.E., 408.978.1970 | [email protected] | 1505 Meridian Ave B, San Jose, CA 95125 • Captial Engineering - Electrical Engineering Services Contact: Mike Stanton, P.E., LEED AP, 916.288.6240 | [email protected] | 11020 Sun Center Drive, Suite 100, Rancho Cordova, CA 95670
• Kier + Wright - Survey Services
Contact: Joe Thompson, LS, 925.245.8788 | [email protected] | 2850 Collier Canyon Road, Livermore, CA 94551 224
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN A. PROPOSAL TRANSMITTAL LETTER
• Wallace-Kuhl & Assocoiates, Inc. - Survey Services
Contact: Matt Moyneur, MS, PE, GE, 916-372-1434 | [email protected] | 3050 Industrial Blvd., West Sacramento, CA 95691
F. Signature and Authority. Please see the authorized signature below, which has been signed by a person empowered to bind the provisions of the RFP, and any contract awarded pursuant to it.
Sincerely,
VERDE DESIGN, INC.
Mark Baginski, RLA, LEED AP, Principal (Authorized Signature) 408.850.3411| [email protected]
1843 Iron Point Road, Suite 140, Folsom, CA 95630 | www.verdedesigninc.com
AA STAGG HIGH SCHOOL, STOCKTON
Verde Design is very knowledgable of all aspects of athletic field design, improvements, and construction. This knowledge assists them in understanding the best approach for any given project or situation to be able to evaluate the most cost effective and time saving measure to accommodate the students of the district, which ultimately resulted in exceptional sports facilities. They have been one of the best design firms I've personally worked with during my 37 years in the industry. They listen to the customer and stakeholders, evaluate and incorporate with their expertise and knowledge for the best possible design and project.
STEVE BREAKFIELD, FORMER DIR. OF FACILITIES & PLANNING
STOCKTON UNIFIED SCHOOL DISTRICT
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B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 1
FIRM OFFICERS
DEREK MCKEE, PRINCIPAL
MARK BAGINSKI, PRINCIPAL
DEVIN CONWAY, PRINCIPAL
NANCE CRONIN, PRINCIPAL
A. ORGANIZATION
VERDE DESIGN, INC. INFORMATION
Corporation Type: S Type Corporation and Certified
Small Business Enterprise in California
Years in Business: 15 years
Number of Employees: 43
Main-Contact: Mark Baginski, RLA, LEED AP, Principal
p. 408.850.311 | f. 408.985.7260 | [email protected] Office Providing Services: 1843 Iron Point Road, Suite
140, Folsom, CA 95630
Licenses Held: Landscape Architects & Civil Engineers
Website: www.verdedesigninc.com
ABOUT VERDE DESIGN
Verde Design is an integrated landscape architecture
and civil engineering firm specializing in award-winning recreational and athletic-focused spaces. We provide
our clients with comprehensive planning, design, and
construction administration services, and serve cities, counties, and parks and recreations districts, as well
as public and private K-12 schools, colleges, and
universities, local municipal agencies, businesses, non-profit organizations, and community groups.
We have partnered with over 100 public agencies
to date, and have completed more than 750 public
facility projects for clients. Projects have ranged from small neighborhood parks to destination sports complexes, including NCAA tournament-level tennis complexes. We
are passionate about these spaces and are committed to
creating lasting facilities that serve California's recreational communities. Our principals are actively involved in our projects and our clients’ satisfaction is their top priority.
We approach each project by developing a thorough
understanding of our clients’ challenges and goals.
We staff our projects with a team of creative problem
solvers, and draw upon our in-house site planning, grading and drainage, planting, and irrigation design expertise, to provide solutions that meet or beat project schedules and remain within the established project budgets.
BRIEF HISTORY
In 2007, Derek McKee and Devin Conway, both veterans
of the A/E/C industry, purchased key assets of a former firm and founded Verde Design, a certified Small Business Enterprise. Our leaders have crafted a culture rooted in sound practice, focused on sustainability, and staffed with people who care about enhancing their communities. Since our founding, we expanded operations with offices in
Folsom, Santa Rosa, and Riverside.
OUR SERVICES AND PROJECT TYPES
• Landscape Architecture
• Civil Engineering
• Master Planning
• Facility Assessments
• Management Plans/
Studies
• Feasibility Studies
• Schematic Design
• 3D Modeling
• Community Facilitation
& Outreach
• Construction
Documentation
• Irrigation Design
& Audits
• Cost Estimating
• Maintenance Planning
• Tennis Facilities and
Hard Courts
• Community Parks and
Playgrounds
• New and Replacement
Recreational Fields
• New and Replacement
Playgrounds
• All-Weather Tracks
• Skate and Bike Parks
• Pre-Fab Buildings for
Restrooms, Concessions,
Maintenance, & Storage
• Streetscape
• Stormwater Facilities
• SWPPP & SWMQCP Plans
• Infrastructure Upgrades
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B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 2 TALENTED 43PROFESSIONALS
PROJECT DESIGN
AWARDS RECEIVED
26 WE ARE PROUD
THAT OVER 90%
OF OUR BUSINESS
COMES FROM
REPEAT CLIENTS
96%
100+ PUBLIC
AGENCIES
PARTNERED
WITH IN
THE LAST
15 YEARS IN
BUSINESS
$750+
MILLION
IN PUBLIC
PROJECTS
COMPLETED
Folsom Office:
1843 Iron Point Road,
STE 140
Folsom, CA 95630
916.415.6554 p.
Santa Clara Office
(HQ):
2455 The Alameda
Santa Clara, CA 95050
408.985.7200 p.
Santa Rosa Office:
3558 Round Barn Blvd,
STE 200
Santa Rosa, CA 95403
707.800.4204 p.
Riverside Office:
3685 Main Street,
STE 350
Riverside, CA 92501
951.221.3142 p.
FOUR BRANCH OFFICES
MASTER PLANS
FOR PUBLIC PROJECTS
PARK AND
PLAYGROUND
PROJECTS
$
ATHLETIC FIELD/
FACILITY PROJECTS 750 COMPLETED
VERDE DESIGN - BY THE NUMBERS
85+
+
+
COLLEGE OF MARIN, KENTFIELD
150
227
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 3 B. EXPERIENCE
Our mission is to provide excellence in design and
outstanding service to our clients. In our 15 years in
business, we have accumulated an extensive portfolio
of successful athletic facilities for our both our public recreational and educational clients, partnering with more than 100 public agencies and over 85 school districts to complete more than 750 recreational and athletic facility projects.
Verde Design has provided a wide range of services for our clients, including facility assessments and master planning efforts, to full construction documentation and overseeing the successful delivery of the construction of new and
renovated facilities. The City of West Sacramento's (City) RFP for its Recreational Center - Tennis Court Lighting and Drainage Design project is a submittal that directly aligns with our 15 years of built and proven project experience.
Our team will lead the City step-by-step through a detailed programming process, which allows you the opportunity to understand each of the components of your project, helping you to make informed decisions on your choices. We also understand equally how important understanding the needs of the operations and maintenance aspects of projects are and we look forward to working with them to ensure these needs are addressed.
Due to a majority of our work being performed for
educational clients, our team has the ability to successfully navigate the various regulatory agencies involved in any new or improvement project, which adds incredible value to any client. We have developed strong relationships with key representatives at DSA and with local cities to support projects and help our clients meet their goals.
C. PUBLIC AGENCY EXPERIENCE
Please see the following pages for project examples which were completed within the last five (5) years, which help demonstrate our wide range of services and abilities we are able to provide the City. Per the RFP, we have not had any contractual relationships with the City existing now or within the past five (5) years.
FAIR OAKS PARK, SUNNYVALE
From our initial meeting with Verde Design, they were completely professional and continue to be so. Verde consistently provided us with regular, timely information to effectively guide our decision making process. Also, they regularly made our team aware of upcoming issues that we would have been blind-sided with, drawing from their depth of experience in many other similar projects. Verde was very flexible in adapting to the requirements of the City and working within City systems for communication and billing. They adapted to our needs quickly and without issue.
JIM STARK, SUPERINTENDENT OF PARKS DIRECTOR,
CITY OF SUNNYVALE
228
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING• SPORT PLANNING & DESIGN 4 FRANKLIN HIGH SCHOOL, STOCKTON USD
Project Description: Franklin High School was a project in Stockton that involved renovating their entire athletic facility over the year. The football/track stadium was relocated from the back of campus to the front. This relocated the varsity softball field to the back of campus along with the varsity baseball field.
The six tennis courts and 4 basketball courts were all designed and relocated to the southwest end of campus. The tennis courts included new 12’ perimeter fencing and accessible gates. The tennis courts had trench drains located between every two bays of courts to take the surface water off. The courts included 42” fence between each bay of courts with openings in the center to allow easy access to the courts. Proposed Members Involved:
Mark Baginski, Chris Sullivan, Amy LaTomme
CHAVEZ HIGH SCHOOL, STOCKTON USD
Project Description: Chavez High School was a project in Stockton that involved renovating 8 tennis courts back in 2017. The existing courts had major cracking and settlement underneath four of the tennis courts. The perimeter chain link fencing was in good condition and was to remain and be protected. Sections of fencing were removed to allow for construction entrance as major subgrade work was completed.
An impermeable barrier was placed over the subgrade to
prevent water getting into the base rock. Courts included new site furnishings, wind screen, and gates were upgraded to be accessible per code. Proposed Members Involved: Mark
Baginski, Chris Sullivan, Amy LaTomme
VINTAGE HIGH SCHOOL, NAPA USD
Project Description: Verde Design was brought on by Napa Valley Unified School District to replace their existing 6 tennis courts at their Vintage High School Campus. The existing courts were not usable due to major cracking and deterioration of the tennis court base and perimeter fencing. Verde worked with NVUSD and Van Pelt Construction Services (VPCS) to design and oversee construction on a new 6 court tennis facility. The new tennis courts included 10’ tall black vinyl perimeter fencing (with slats), new site furnishings include new post and netting, electrical outlets for ball machines, and additional striping for 6 pickleball courts. Proposed Members Involved: N/A
229
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 5
ATHLETIC FIELDS AND PARKING IMPROVEMENTS
MESA VERDE HIGH SCHOOL
SAN JUAN UNIFIED SCHOOL DISTRICT
CITRUS HEIGHTS, CALIFORNIA
MESA VERDE HIGH SCHOOL, SAN JUAN USD
Project Description: Mesa Verde High School is a project in Citrus Heights that involved relocating and reconstructing 6 tennis courts. The project also included renovating the JV softball field and renovating the track and football stadium.
The existing tennis courts were along the backside of school property and were demolished and removed, including ball wall nd perimeter fencing. The new courts were designed to be in the same location with a new parking lot layout. Once we received DSA approval the District found out that a new main line was being put in by the City where the tennis courts were to be built. We did an addendum and relocated the 6 tennis courts on campus and turned it back in to DSA for approval. The tennis courts included new fencing, site furnishings and windscreen and currently under construction. Proposed Members Involved:
Mark Baginski, Chris Sullivan, Amy LaTomme
DAVIS HIGH SCHOOL, DAVIS USD
Project Description: Davis High School is a project in Davis that involved designing three new tennis courts adjacent to the existing school's courts. A new building was being built on campus and due to the location and size was removing four of the existing nine tennis courts. There was enough room for the new three courts and a new perimeter walkway on the other side of the courts that were remaining. Four new Musco lights were installed outside the perimeter of the tennis courts. Due to the new lights DSA required egress lighting from this area. Minor ADA improvements were needed since most of the ADA improvements were already being taken care of from the new building being built. Proposed Members Involved: Mark Baginski, Chris Sullivan, Amy LaTomme
GIBSON PARK, CITY OF ROSEVILLE
Project Description: Gibson Park is a project in Roseville for the City of Roseville. 100% construction drawings are currently in the City for review for Phase 1 which includes nine (9) pickle ball courts, a restroom building, shaded seating areas, and sport court lighting. The project also includes upgrades for new accessible parking stalls and EV charging infrastructure. Future phases for the park improvements include three (3) additional pickle ball courts, 10 tennis courts, and three (3) basketball courts with new parking, landscape, and signage. Proposed Members Involved: Mark Baginski, Chris Sullivan, Amy LaTomme
230
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 6 D. DSA EXPERIENCE
Verde Design has extensive experience as
prime consultant leading projects through DSA.
We conduct pre-application meetings, maintain
good relationships with DSA staff, and are fully
up-to-date on the electronic plan submittal and
review processes. Over 95% of Verde Design's
public school projects, at a minimum, go
through accessibility review and we regularly
submit projects for full DSA review.
DSA reviews are always part of a project’s
critical path. One of the keys to our successful
working relationship with DSA is that we meet
with their staff early in the design process
and continue meeting with them to discuss the
project and any changes it undergoes well
before submitting the plans for plan review.
On a typical project, we will meet with the
DSA, and any other public governing bodies
that may be involved in the project during
schematic design to review the project scope
and proposed improvements. At that point we can make sure we have a clear understanding of all applicable codes and regulations that will apply to the project so we can address them.
Verde Design’s staff takes the initiative with DSA and other review agencies to closely track review time and hold the agency to their initial estimates. Our project team members often contact the office regional manager or appropriate department supervisors to discuss perceived delays in the review process or to give their office feedback about a project.
We find that it is very helpful to call and give them a ‘heads up’ that we are going to be submitting materials to them, whether during design or regarding changes to already
approved work, and that their review process is on the
critical path to meeting a crucial deadline. Nearly all our projects require coordination with a wide variety of regulatory agencies.
With DSA we have provided submittals that are either a
full review or an access only review. Many of our projects include structural elements that trigger the full review.
If an improvement project does not have the structural
elements but has access improvements with ramps, stairs, and pathways, it is typically submitted as an access only review.
Access only projects do not have a close out or certification process with DSA since it did not get a full review by all the DSA departments.
DSA CLOSEOUT
Verde Design excels we are proactive as the project is
winding down to begin gathering the appropriate forms
and signatures, we clearly identify the needed input and steps needed and “schedule” this process with the entire project team. We pride ourselves on obtaining quick and complete closeout of our DSA projects when we are the
prime consultant. With the box system, we can see who has submitted or not submitted the required documents and work with the construction manager and team to finalize.
Anyone dealing with school construction is aware that hurdling DSA can be a difficult process at best. Verde has adeptly led our projects through DSA several times. Their knowledge of the DSA approval process and staff is worth their fee alone! Verde Design is extremely hands on during construction administration. Frequent check-ins with the owner and constant contact with the construction team prevents minor items from becoming big issues. Additionally, Verde Design has become our go to resource for anything sports field related. The Verde Design team is always willing to offer sound advice on what next steps are required in order to provide our students with the best playing fields possible. NUSD would not hesitate to work with Verde on future projects. There professionalism and experience sets them high above competitors. Verde Design is a great partner and highly recommended by NUSD.
JEN MELLOR, PROJECT MANAGER
NATOMAS UNIFIED SCHOOL DISTRICT
231
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 7 One of the keys with the construction phase and DSA
coordination, is having an experienced inspector. They need to make sure the correct inspections are being completed and should develop a solid relationship with the DSA field engineer. Having an engaged inspector can make the
whole DSA coordination and close out process much more
effective.
PROJECT EXAMPLES
Franklin High School, Stockton USD - Franklin High
School was a project in Stockton that involved with
relocating athletic fields along with six new tennis courts.
Since this is a public school we had to go through DSA.
Construction drawings were submitted at the 50% level to DSA and within one week we were notified of our 100%
submittal date. The 100% submittal date is typically 8 weeks after the 50% submittal. The 100% plans were submitted on time and after 2 months we received comments back from
structural, fire life safety, and access review. Comments were addressed via bluebeam and within 3-4 weeks, a back check appointment was set up, and drawings were approved that day. Construction completed in summer of 2022.
Mesa Verde High, San Juan USD - Mesa Verde High
School was a project in Citrus Heights that involved with renovating a new football and track stadium along with
relocating six new tennis courts. Since this is a public school we had to go through DSA. Construction drawings were
submitted at the 50% level to DSA and within one week
we were notified of our 100% submittal date. The 100%
submittal date is typically 8 weeks after the 50% submittal.
The 100% plans were submitted on time and after 2 months we received comments back from structural, fire life safety, and access review. Comments were addressed via bluebeam and within 2-3 weeks, a back check appointment was set
up, and drawings were approved that day. Construction is underway.
E. PERSONNEL
STAFFING CAPABILITY AND AVAILABILITY
To help the City of West Sacramento (City) accomplish
their future goals and project, we have hand-selected
a team with specialized public recreational and athletic facility knowledge, problem-solving experience, and a
history of successfully working together on an extensive list of projects for numerous agencies with similar scope to City's proposed project. We recognize the importance of continuing to build and develop new and ongoing
relationships throughout your project, and are committed to maintaining a consistent project team. The main office that will be providing services to the City is our Folsom office, located at 1843 Iron Point Road, Suite 140, Folsom, CA 95630. Please see the following pages for the proposed project team organizational chart with Verde Design's
key team members, as well as key team members individual resumes with project license information, credentials,
and project relevant experience. Additionally, please
see below for our proposed subconsultant team with firm overviews and the specialized services they will provide for your project, as well our approach to managing our
subconsultant team.
SUBCONSULTANT COORDINATION AND
PROPOSED TEAM
At the beginning of a project, we review the project
scope for consultant needs, including verifying with the City if there are any particular consultants that may have recent experience and knowledge of their particular
project site we should consider. We establish a scope of work with the team, and coordinate it with the City. Part of that scope is the timeline and attaining buy-in from our proposed list of subconsultant team members on the
schedule and deliverable dates. As the design process
evolves and documentation progresses, the Verde Design
staff works with subconsultants to ensure that our team is using the proper AutoCAD (CAD) background files and
specification templates. We will work to get submittals from subconsultants five (5) days before they are due so that we can review and redline for content and clarity prior to the official submittal to the City.
This process also continues during the City review of the submittal. After receiving any City (or public agency)
comments from the submittal, the Verde Design project
232
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 8 team will have a design team meeting to coordinate
the project design, including client comments, with the subconsultants, and coordinate the work required toward the next submittal. We regularly have project and team
meetings to coordinate and adjust items to avoid any
conflicts later during construction. Additionally, we
review each subconsultants' deliverables to ensure the
programmatic needs of the project are captured.
In addition to our proposed project team, we have selected a team of qualified and knowledgable subconsultants
to provide specialized services for the City on your an proposed project. Together, we will draw upon our team's collective experience working together on previous
projects, and understanding of the City's needs to meet your goals and deliver an enduring facility to your community.
Please see below for each subconsultants' team overview and the specialized services they will be providing for your project.
ACCESS COMPLIANCE SERVICES
Accessibility Services
Access Compliance Services (ACS) provides guidance,
problem-solving and practical solutions to help our clients understand and comply with disability access requirements.
We serve a broad range of clients including architects, attorneys, building departments, businesses of all kinds, and many local and state government agencies. Unique
among consultants, our expertise includes working with the organizations that write the regulations, interpret them, and also enforce them, such as Division of the State Architect, CA Dept. of Rehabilitation, CA Attorney General, and US Dept. of Justice.
AKH STRUCTURAL ENGINEERS, INC.
Structural Engineering Services
AKH Structural Engineers, Inc. (AKH) specializes in building analysis and design, including new construction, evaluation, rehabilitation and structural upgrades of municipal facilities, schools, hospitals, industrial buildings, commercial office and retail buildings, and custom residences. Founded in 1970, the firm has a long history of providing the highest quality engineering design, analysis and plan check services to its many clients in the Greater Bay Area and norther California.
In addition to the wide variety of design and analysis
projects, AKH has always been active as Plan Check
consultants to many municipalities, including plan check services on over 500 major projects in the Bay Area since its founding. The firm's plan review capabilities include evaluation of fire/life-safety, structural, access compliance, mechanical, electrical, plumbing and energy compliance
aspects of building design. This facet of our practice allows for excellent understanding of code compliance issues, as well exposure to the leading and current states of designs and implementation of Building Code requirements.
CAPITAL ENGINEERING
Electrical Engineering Services
Since the firm's inception in 1947, Capital has evolved from a purely mechanical engineering firm to a diverse
MEP engineering firm with a broad range of expertise and innovative design capabilities. The firm currently has five US locations with over 70 employees. Capital started as a generalist mechanical engineering firm, the first independent mechanical engineers in the Central Valley. In those early years, the valley was growing rapidly and along with it the infrastructure to address that growth. Consequently, Capital quickly developed deep portfolios in civic, healthcare, and educational projects, with clients we still do business with today. As we grew with the valley, so did our staff and client base, exposing us to new markets and opportunities beyond the region. We found that our style of doing business,
combined with the high quality work and diversity of our expertise, was sought by many firms, enabling us to do high profile projects throughout California, Nevada and in some cases other states and countries.
KIER + WRIGHT
Survey Services
Since 1972, Kier + Wright has provided both private and public sector clients with engineering and surveying work 233
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 9 that is efficient, cost-effective, and forward-thinking. The firm is a medium sized firm with a staff of 178 staff members that is managed directly by eight working principals. All the firm's projects have a principal directly involved in them and each is available to its clients whenever they need them. Over the decades, Kier+Wright's project portfolio has grown and its service area has expanded. The industry has changed and its book of business has evolved with it.
Despite the firm's continued growth, Kier + Wright is proud to maintain the same core values that guided its founders from the beginning.
The firm strive to do great work, working collaboratively to provide solutions to even the most complex project
challenges. Like its founders before us, we create
opportunities for the growth and betterment of our team members. Above all else, we value relationships. Kier + Wright still completes projects for clients who worked with the firm in the 1970's. Every client connection is important— and the firms treats each new connection as a relationship that will last decades, working hard to show its clients that their goals are its goal.
WALLACE-KUHL ASSOCIATES
Geotechnical Engineering Services
Established in 1984, Wallace-Kuhl & Associates, a Universal Engineering Sciences Company (UES), is a Northern
California firm headquartered in West Sacramento with
an additional office and laboratory in Stockton. WallaceKuhl hosts a wide range of services, including geotechnical engineering, earthwork, construction materials testing and inspections, environmental, occupational health and safety, and building sciences. With over 100 dedicated, local team members comprised of engineers, geologists, environmental scientists, construction inspectors, technicians, and support personnel, Wallace-Kuhl demonstrates a record of integrity and professionalism. In late 2020, Wallace-Kuhl strategically merged with UES, joining a family of well-established,
engineering firms from across the country. UES is the largest, most experienced, and resource-rich organization of its kind with over 3,100 professionals at 67 national branches in nearly 20 states. This unprecedented union of like-minded, leading firms has allowed Wallace-Kuhl to expand its
services, as well as tap into national resources and expertise that help strengthen the firm's capabilities.
SAN JOSE STATE UNIVERSITY, SAN JOSE
234
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 10
TEAM ORGANIZATIONAL CHART
Title: Principal-in-Charge
p. 408.850.3411
e. [email protected]
Years with Firm: 14
Office Location: Folsom/Santa Clara
Title: Associate, Sr. Project Manager
p. 916.996.5525
e. [email protected]
Years with Firm: 11
Office Location: Folsom
Chris Sullivan, RLA
Title: Associate, Civil Engineer
p. 415.613.4947
e. [email protected]
Years with Firm: 8
Office Location: Santa Clara
Jamie Wallis, PE, QSD/QSP
Title: Project Manager
p. 916.790.9302
e. [email protected]
Years with Firm: 4
Office Location: Folsom
Amy La Tomme, RLA
Mark Baginski, RLA, LEED AP (Main Contact)
Subconsultants
Ed Stanton
Capital Engineering
Consultants
Electrical Engineering
Jonathan Adler
ACS
Accessibility
Services
Ryan Amaya, PLS
Kier + Wright
Survey
Services
Time Hyde, PE, SE
AKH Structural Engineers
Structural
Engineering
Matthew Moyneur, PE
Wallace-Kuhl &
Associates
Geotechnical
KEY
Verde Design
Key Verde Design Member
Subconsultant
235
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 11
QUALIFICATIONS & RELEVANT EXPERIENCE
B.S, Landscape Architecture, Mississippi State
University, 1991
B.S.L.A., Landscape Architecture, Mississippi
State University, 1991
A.A.S., Land Development, State University of
New York at Cobleskill, 1987
CA 4089, Landscape Architect, obtained in
1994 (expires 7/31/2023)
LEED Accredited Professional
American Society of Landscape Architects
Urban Land Institute
Coalition for Adequate School Housing
American Sports Builders Association
California Parks and Recreation Society
Stockton Unified School District,
Stockton
• Chavez High School (2017)
x Tennis courts
• Franklin High School (2020)
x Tennis courts and hard courts
• Franklin High School (2020)
x Tennis courts and hard courts
• A.A. Stagg High School
x Basketball courts (2014)
x Tennis courts (2014)
San Juan Unified School
District, Carmichael
• Mesa Verde High School (current)
x Competition tennis courts
• San Juan High School (current)
x Tennis court complex
Cosumnes Community Services
District, Elk Grove
• Sheldon Farms North (current)
x Half basketball court
x Playground and shade structures
x Water play equipment
x Decomposed granite pathway
x Prefabricated restroom building
x New hardscape/site furnishings
City of Sunnyvale
• Fair Oaks Park (current)
x Hardcourts reconstruction
x Lighting and ADA upgrades
x Synthetic turf baseball, soccer, and
multi-use fields
x Magical Bridge all-inclusive
playground
x Picnic and park amenities upgrade
x Dog park
City of Roseville
• Bev Bos Park Pocket Park (2018)
x Play and picnic areas
x Shade structure
x Landscape and open turf area
x Perimeter walkways
x Drinking fountain and benches
• Fiddyment 97 Pocket Park (2019)
x Play area
x Shade structure and picnic area
x Half-court basketball court
x Landscape and open turf area
x Perimeter walkways
x Drinking fountain and benches
• Fiddyment 101 Pocket Park (2019)
x Two bocce courts
x Shade structures and tables
x Landscape and open turf area
x Perimeter walkways
x Drinking fountain and benches
• Pistachio Park (2019)
x Tennis courts and play area
x Baseball field and two softball fields
x Sports field lighting
x Parking lot and ticket booth
MARK BAGINSKI RLA, LEED AP (CITY CONTACT)
PRINCIPAL-IN-CHARGE | VERDE DESIGN, INC.
Mark joined Verde Design as a principal in 2008, one year after it was founded. He brings over 25 years of professional experience, and is responsible for project design and management, client relationships, and production of project documents. His projects have included recreational and athletic facilities for public parks and K-12 schools, colleges, and universities, as well as plazas and streetscapes, aquatic facilities, commercial property development, and athletic facility and corporate campus master planning. Mark's projects have earned several notable awards and distinctions. A key characteristic of Mark's designs is the belief in an overall "big idea.” This ensures that our clients’ projects benefit from a strong, overall design concept that incorporates their goals and project objectives. Mark’s background leading multidisciplinary development teams from the early programming phase through construction management, provides a broad base of experience for his projects.
Role: Mark will be your advocate to keep your project on target to meet your goals. He will be responsible for contract administration oversee design development, and staff coordination. As the design development proceeds, he will review all aspects of the project with the City to confirm that all goals are met. 236
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 12
QUALIFICATIONS & RELEVANT EXPERIENCE
B.S, Landscape Architecture, University of
California, Davis, 1994
Professional Management, San Jose State
University, 1999
CA 5452, Landscape Architect, 2008
American Sports Builders Association
Stockton Unified School District,
Stockton
• Chavez High School (2017)
x Tennis courts
• Franklin High School (2020)
x Tennis courts and hard courts
• A.A. Stagg High School
x Basketball courts (2014)
x Tennis courts (2014)
San Juan Unified School
District, Carmichael
• Mesa Verde High School (current)
x Competition tennis courts
• San Juan High School (current)
x Tennis court complex
Cosumnes Community Services
District, Elk Grove
• Sheldon Farms North (current)
x Half basketball court
x Playground and shade structures
x Water play equipment
x Decomposed granite pathway
x Prefabricated restroom building
x New hardscape/site furnishings
Fair Oaks Recreation and Park
District, Fair Oaks
• Phoenix Park (current)
x Conceptual plan
x Circulation and additional parking
x Addition of two natural grass
softball fields
x Double batting cage
x Playground and bike park
• Jim Streng Park (2022)
x Modern playground area
x Natural play area
x Native/habitat planting
x Concrete & DG walkways
x Site furnishings
City of Roseville
• Bev Bos Park Pocket Park (2018)
x Play and picnic areas
x Shade structure
x Landscape and open turf area
x Perimeter walkways
x Drinking fountain and benches
• Fiddyment 97 Pocket Park (2019)
x Play area
x Shade structure and picnic area
x Half-court basketball court
x Landscape and open turf area
x Perimeter walkways
x Drinking fountain and benches
• Fiddyment 101 Pocket Park (2019)
x Two bocce courts
x Shade structures and tables
x Landscape and open turf area
x Perimeter walkways
x Drinking fountain and benches
• Pistachio Park (2019)
x Tennis courts and play area
x Baseball field and two softball fields
x Sports field lighting
x Parking lot and ticket booth
Role: Chris will lead preparation of graphics, meeting preparation, and conceptual design and construction documents/packages. His responsibilities include overall daily management of the project, project scoping, and establishing the project schedule. During the startup phase, he will work with the team to attain input from your staff, and develop project programs, and respond to development issues, as well as direct supervision of drafting personnel.
CHRIS SULLIVAN RLA
ASSOCIATE &SR. PROJECT MANAGER | VERDE DESIGN, INC.
Chris joined Verde Design in 2011 and has matured into an associate and senior project manager, leading our Folsom office. He has over 20 years of experience in the field of landscape architecture and brings a high degree of technical and construction knowledge to his client and projects. He provides extensive expertise in CAD design and demonstration to detail and his ability to conceptualize a variety of design options allows a client to choose the optional solution. He has a strong working knowledge of site design, master planning, assessments, construction documentation, and cost estimating and construction administration.
Chris’ experience includes managing, designing and providing construction administration for recreational and athletic facilities for public parks, K-12 schools, colleges, and universities. As landscape architect, Chris is active for American Sports Builders Association (ASBA), and currently serves on the Board as Professional Division Director. 237
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 13
JAMIE WALLIS PE, QSD/QSP
ASSOCIATE, CIVIL ENGINEER | VERDE DESIGN, INC.
Jamie joined Verde Design in 2014. As a civil engineer, and recent associate, she is responsible for managing current design projects, maintaining and building client relationships, and overseeing the rest of the production team in many aspects of each project she is involved in. During Jamie’s time with Verde Design, she has assisted or managed a variety of projects, including public parks, athletic fields, and school facilities. Jamie also provides stormwater calculations, stormwater pollution prevention plans, and QSD service to ensure that the new facilities are designed in compliance with stormwater and C.3 requirements, if needed. Jamie utilizes her experience as a former NCAA D1 athlete, and her technical design skills, to produce innovative solutions to unique project issues.
QUALIFICATIONS & RELEVANT EXPERIENCE
B.S., Civil Engineering, Santa Clara
University, Santa Clara, 2013
CA C86612, Professional Engineer, obtained
in 2016 (expires 3/31/2023)
CA QSD/QSP certification #26164, obtained
in 2016 (expires 12/16/2022)
City of South San Francisco
• Orange Memorial Park (current)
x Four baseball/softball fields
x Multi-use soccer fields
x Sports field lighting
x Entry elements
City of San Jose
• Tamien Park (2021)
x Natural grass multi-use field
x Synthetic turf volleyball court
x All-weather walking track/path
x Playground with custom features
x Basketball court
x Pathways and raised planters with
seat walls
x Restrooms and picnic areas
x Stage and exercise/fitness area
x Solar lighting
x Parking lot and landscaping
City of Burlingame
• Murray Soccer Field (2016)
x Renovation of synthetic turf field
x Feasibility Study
City of Foster City
• Catamaran Park (2016)
x ADA-compliant playground &
synthetic turf beach
City of Milpitas
• Milpitas Sports Center (2016)
x Synthetic turf multi-use fields
City of Redwood City
• Red Morton Community Park (2016)
x Renovation of three fields and four
tennis courts
San Lorenzo Unified School DistrictKIPP Public Charter Schools, San Lorenzo
• KIPP King Collegiate High School
x Synthetic turf multi-use field (2019)
Los Gatos-Saratoga Union High
School District, Los Gatos
• Los Gatos High School
x Multi-use field (2017)
x Baseball stadium (2015)
x Eight-lane track and
synthetic turf field (2015)
x Natural grass practice field and
discus area (2015)
• Saratoga High School
x Synthetic turf baseball field
replacement (current)
x Multi-use field improvements (2015)
x Synthetic turf softball and multi-use
field (2015)
South San Francisco Unified School
District, South San Francisco
• El Camino High School (2019)
x Synthetic turf softball field
• South San Francisco High School (2019)
x Softball and baseball fields
Santa Clara Unified School District,
Santa Clara
• Santa Clara High School (2020)
x Synthetic turf multi-use field
x Track & field improvements
• Wilcox High School (2020)
x Synthetic turf multi-use field
x Track & field improvements
Role: Jamie will support the civil engineering and documentation aspects of the project. She will work Mark and Chris to coordinate the engineering and production of construction documents and provide stormwater calculations for the project to ensure compliance with stormwater regulations and C.3 requirement. 238
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 14 F. REFERENCES
1. FRANKLIN HIGH SCHOOL, STOCKTON
David Varela, Facilities Planning Technician
1944 El Pinal DR, Stockton CA 95205
209-993-5132 | [email protected]
Services performed: Conceptual master planning,
construction drawings, and construction administration
2. MESA VERDE HIGH SCHOOL, SACRAMENTO
Nicholas Arps, Director of Facilities, Construction &
Modernization
5320 Hemlock St, Sacramento CA 95841
916.971.5780 | [email protected]
Services performed: Conceptual master planning,
construction drawings, and construction administration
3. DAVIS HIGH SCHOOL, SACRAMENTO
Dave Fukui, Innovative Construction Services (ICS)
5433 El Camino Ave #2, Carmichael, CA 95608
916-548-3911 | [email protected]
Services performed: Construction drawings and
construction administration
4. VINTAGE HIGH SCHOOL, NAPA
Michael Pearson, Operational Services - Food Services,
M/O, Trans, Facilities, School Planning and Construction 2425 Jefferson Street, Napa, California 94558
Services performed: Conceptual design, ADA site
assessment, construction documents, cost estimating, and bidding and construction administration
5. COLLEGE OF MARIN, KENTFIELD
Greg Nelson, Assistant Superintendent/ Vice
President for Administrative Services
835 College Avenue, Kentfield, CA 94904
415.884.3100 | [email protected]
Services performed: Construction documentation,
construction administration services, and DSA closeout
G. LOCAL BENEFIT
The local benefit statement. We do not qualify as a
providing a local benefit per the terms described in the RFP belying having to acquire a local business license. While our firm is not local to west Sacramento our team is uniquely qualified with requirements of this project Additionally,we do have team members who actually play on those courts.
H. HISTORY
Verde Design has not had any mergers, acquisitions, or sales related to our organizational structure since we have been established in 2007.
I. LEGAL CHALLENGES
Verde Design does not have any past/present/pending
litigation against our firm.
J. FISCAL VIABILITY
Verde Design has not filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors.
K. BUSINESS LICENSE
Please see the following page for proof of registration. 239
B. PROPOSER'S MANDATORY
QUALIFICATIONS AND EXPERIENCE
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 240 15
C. TECHNICAL PROJECT APPROACH
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 1
PROJECT UNDERSTANDING
From the City of West Sacramento's (City) RFP for West
Sacramento Recreational Center - Tennis Court Lighting
and Drainage Design, Verde Design understands that the
City is seeking to provide construction documents for
tennis court lighting and drainage at the West Sacramento Tennis Courts. The project is to comply with current Title 24, California Code of Regulations (CCR) as adopted
by the State Fire Marshal and DS, or as adopted by the
California Building Standards Commission (CBSC). The
project site is a joint-use facility between the City of West Sacramento and Washington Unified School District.
In doing our own site reconnaissance, we understand that there are eight (8) existing tennis courts that have at least had one (1) over lay surfacing completed for the courts.
The tennis courts show signs of cracking between and
along the lengths of multiple tennis courts. There are also areas of the tennis courts that show signs of settlement and undulations on the playing surface and there is cracking and settlement around various fence post footings.
The tennis courts have 12’ high perimeter fencing with
two 3’ wide double gates to access each pair of courts.
These gates currently do not meet ADA requirements
and will need to be upgraded. Each bay of tennis courts is enclosed with an interior 12’ high chain link fencing and two 3’ wide double gates at the center for access
between courts. Electrical outlets are located at the north end centered between each bay of courts on a pedestal.
Adjacent to the south of tennis courts numbers one through three are three (3) basketball courts. These courts slope towards the walkway that accesses and runs along the
tennis courts. This is the area that is called out on the RFP where drainage will need to be addressed.
Since this project is going to DSA we will need to review and report on the accessible parking stalls, path of
travel, public right of way, gates, drinking fountains and restrooms. The existing accessible parking and path of
travel to the tennis courts are in front of the track and football stadium. The path of travel for the public right of way will come off Raider Lane and will come around the
OUR SITE VISIT - These photos, which were taken by
Chris of our proposed team from our visit to the project site, will help inform our investigation and understanding of the City's proposed project.
existing roundabout. Current access will come through
the East end of the recreational center using gates and concrete walkways. All possible walkways to the tennis
courts tie into the basketball courts. The basketball court will need to be reviewed for cross slope for access to the tennis courts.
The current layout of lights in the RFP suggests 20’ – 25’ tall sport lighting be used. The 12’ tall chain link fence that separates the tennis courts will need to be adjusted to allow room for the light poles to be installed. The
distance between the tennis courts will not allow the light pole to be placed on one side of the fence or the other due to NFHS rules. Another possible option that can be
241
C. TECHNICAL PROJECT APPROACH
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 2 investigated is to use taller sport court lights that can be placed outside of the tennis courts, not effecting the tennis court surfacing or the interior chain link fencing. With adding lights to the tennis courts egress lighting will now be needed per DSA.
A survey will be provided by Verde Design to determine
the slopes, grades and utility tie ins for the new drainage.
A geotechnical report will be needed to determine the
structural design for the light pole footings along with the 12’ chain link fence footings.
We understand that currently the proposal does not
mention anything about resurfacing or completely
replacing the existing tennis courts. The geotechnical
report can also provide an investigation of what is
underneath the tennis courts to determine quality of
subbase and whether you can do another overlay or if
you need to reconstruct the tennis courts.
Our proposal is attached. I assumed information would
also be needed for the light pole design, so I included a couple of deeper borings to obtain that information. If there is existing geotechnical information available from the Recreation Center or high school projects, then that information could be used. Please let us know if you would like to update the proposal to just include the coring and tennis court surface evaluation.
SCOPE OF WORK
A. Project Start-Up.
1. Establish files and in-house documentation.
2. Meet with City staff to review project requirements, existing information and to determine the project intent, scope, budget and timetable.
a. Identification of roles and responsibilities of
City Staff and consultant team.
b. Review the existing site improvements and
steps toward input, consensus and development of the design process. c. Determine and request all available site and
data, as built.
3. Verde Design to acquire topographic and underground utility survey.
4. Verde Design to acquire geotechnical investigation report.
5. Prepare preliminary design materials and graphic.
B. Construction Documents 80% Documentation Level.
1. Upon receiving comments from the City and receiving authorization to proceed into construction documentation, incorporate comments into the
80% CD Submittal which will include:
a. Cover sheet.
b. Existing conditions/survey plan.
c. Accessibility plan.
d. Demolition plan.
e. Grading plan.
f. Drainage/utility plan.
g. Layout plan.
h. Construction details.
i. Structural plans.
j. Electrical sheets.
k. Technical Specifications (MS Word), and coordinate with the Client General Conditions and Division One (1) Specifications.
2. Statement of Probable Construction Costs.
3. In-house Redline and review Quality Control
(QC).
4. Project Administration as required.
C. 100% Construction Documentation.
Based on Review of 80% CD Submittal package and
approval to move forward prepare 100% DSA Submittal
Package.
1. Review DSA submittal comments and coordinate
for DSA Back Check.
2. Make revisions to drawings, specifications, and
cost estimate to incorporate comments.
3. Address any DSA comments with Client and other
242
C. TECHNICAL PROJECT APPROACH
LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 3 consultants as required.
4. Final Redline and Review Quality Control (QC).
5. Submittal Preparation and coordination. Submit
one set of electronic drawings to Client for DSA
approval and bid packaging. Specifications and
costs will be delivered electronically.
6. Project administration as required to coordinate
work with subconsultant team.
D. DSA Back Check.
1. Review DSA submittal comments and coordinate
for DSA Back Check.
2. Make revisions to drawings, specifications, and
cost estimate to incorporate comments.
3. Address any DSA comments with Client and other
consultants as required.
4. Final Redline and Review Quality Control (QC).
5. Submittal Preparation and coordination. Submit
one set of electronic drawings to Client for DSA
approval and bid packaging. Specifications and
costs will be delivered electronically.
6. Project Administration as required to coordinate
work with subconsultant team.
E. Construction Administration Services.
The consultant agrees to provide the following services to the Client following submittal of the Final Bid package.
1. Attend up to five (5) weekly site meetings.
2. Provide up to five (5) weekly site observations,
concurrent with weekly meetings, and review as
required, considering weather and construction
schedule.
3. Process and coordinate submittals and shop
drawings (max two (2) submittals for any one (1)
product; additional re-submittals will be billed on
an additional Time-and-Materials basis).
4. Respond to questions, RFI responses, clarifications, ASI’s, substitution requests and assist OWNER with
Change Orders if necessary.
5. Provide one (1) substantial completion walk
through and generate a punch list.
6. Prepare final record drawings and deliver to City.
7. Deliver final as built drawings to the City in Mylar and CAD format.
PROJECT TIMELINE
Please see below for the draft project schedule which
aligns with the scope and process, as described in our approach previously. At the kick-off meeting, we will review the overall project scope, schedule, identify critical path items, discuss any project constraints, confirm milestones events. A revised project schedule will then be prepared in Microsoft Project for consideration.
Project Start Up 2-3 Weeks
Construction Documents – 80% CD Submittal 4-6 Weeks
DSA 50% Review 1 Week
CD -100% DSA Submittal – concurrently with DSA 50% review 6 Weeks DSA 100% Review 6 Weeks
DSA Back Check 2 Weeks
INDIVIDUAL TASKS DURATION
PROJECT TIMELINE
243
Verde Design, Inc
PAR22-309 Rec Center Tennis Courts Lighting and Drainage Expires 2/28/24
2 EXHIBIT B
Schedule of Performance
Contract Start Date December 7, 2022
Contract End Date February 28, 2024
244
Verde Design, Inc
PAR22-309 Rec Center Tennis Courts Lighting and Drainage Expires 2/28/24
3 EXHIBIT C
Schedule of Fees
245
November 2, 2022
Chris Surawski
Parks and Recreation
City of West Sacramento
1110 West Capital Ave
West Sacramento, CA 95691
SUBJECT: West Sacramento Tennis Drainage and Lighting
Verde Design Project No. 2218200
Dear Aaron,
In response to your request, Verde Design, Inc. (Consultant) is pleased to submit the following proposal to the City of West Sacramento (Client) to provide construction drawings through construction administration services on the above-mentioned project. This proposal shall remain valid for a period of sixty (60) days.
PROJECT UNDERSTANDING:
The City of West Sacramento (CWS) has requested Verde Design Inc. to develop full construction documents to provide tennis court lighting, drainage improvements outside of the tennis courts and provide ADA upgrades as needed for DSA approval.
SUBCONSULTANTS:
The Consultant will utilize subconsultants for the following services which will integrated into Verde Designs package:
1. Kier Wright – Surveyor
2. Wallace Kuhl – Geotechnical Engineer – Boring existing courts
3. Jonathan Adler – Accessibility Reviewer
4. Ahern Knox and Hyde – Structural Engineer – Structural (DPIRC)
5. Capital Engineering – Electrical Engineer
SCOPE OF WORK
A. Project Start up
1. Establish files and in-house documentation.
2. Meet with City staff to review project requirements, existing information and to determine the project intent, scope, budget and timetable.
a. Identification of roles and responsibilities of City Staff and consultant team. b. Review the existing site improvements and steps toward input, consensus and development of the design process.
c. Determine and request all available site and data, as built.
3. Verde Design to acquire topographic and underground utility survey.
4. Verde Design to acquire geotechnical investigation report.
5. Prepare preliminary design materials and graphic.
246
West Sacramento Tennis Drainage and Lighting
November 4, 2022