West Sacramento City Council
May 17, 2023

CITY OF WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
MAY 17, 2023 AGENDA
Martha Guerrero, Mayor
Quirina Orozco, Mayor Pro Tem
Norma Alcala, Council Member
Dawnté Early, Council Member
Verna Sulpizio Hull, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
7:00 PM Regular Meeting Call to Order
Pledge of Allegiance
Land Acknowledgment
The meeting will be held at City Hall, City Council Chambers, 1110 West Capitol Avenue, West Sacramento
GENERAL ADMINISTRATION FUNCTION – PART I

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

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

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

PRESENTATIONS
NONE

CONSENT AGENDA

2. Capital Projects

CONSIDERATION OF APPROVAL OF CONTRACT AWARD TO BLACK & VEATCH

CORPORATION FOR THE DESIGN PHASE OF THE HIGH SERVICE MANIFOLD REPAIR/REPLACEMENT/VAULT INSTALLATION PROJECT (CIP 21041) Objective: The objective of this report is to provide the City Council with sufficient information to approve a contract award to Black & Veatch Corporation for the design phase of the High Service Manifold Repair/Replacement/Vault Installation Project (CIP 21041) at the George Kristoff Water Treatment Plant.

Anyone wishing to address the Council, or any agenda item, may fill out the Request to Speak card and present it to the City Clerk prior to the completion of staff presentation. Items on the Consent Agenda will be considered in one motion and the Request to Speak card should be turned in prior to the first item on Consent.
1 Recommendation: Staff respectfully recommends that the City Council: (1) Approve and authorize the City Manager, or his designee, to execute a Contract with Black & Veatch Corporation for $382,444 which includes design of suction vault, flow meter with vault, and development of bid package for construction; (2) Delegate authority to the City Manager or his designee to execute a professional services contract with Black & Veatch Corporation in the amount of $382,444; (3) Authorize the City Manager or his designee to issue monthly progress payments to the consultant; and (4) Authorize the City Manager, or his designee, to execute amendments or change orders up to 15% ($57,367) of the Contract value.

3. Capital Projects

CONSIDERATION OF APPROVAL OF AN ON-CALL LIST OF PROFESSIONAL ENGINEERING

CONSULTANTS TO PROVIDE ENGINEERING DESIGN AND RELATED SERVICES Objective: The objective of this report is to provide the City Council with sufficient information for it to approve an on-call list of professional engineering consultants to provide as-needed Engineering Design and Related Services.

Recommendation: Staff respectfully recommends that the City Council: (1) Approve the On-Call List of Professional Engineering Consultants for Engineering Design and Related Services for 3 years; and (2) Delegate authority to the City Manager to extend the on-call list for two (2), 1-year extensions as required.

4. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-44 AMENDING THE CAPITAL

IMPROVEMENT PROGRAM (CIP) BY ADDING A NEW PROJECT TO ADDRESS THE TRAFFIC

SAFETY ISSUE AT THE INTERSECTION OF SIXTH STREET & CUMMINS WAY Objective: The objective of this report is to provide sufficient information to the City Council for it to adopt Resolution 23-44 amending the Capital Improvement Program (CIP) to add a new project to address the traffic safety issue at the intersection of Sixth Street and Cummins Way.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-44 amending the Capital Improvement Program (CIP) to add a new project to address the traffic safety issue at the intersection of Sixth Street and Cummins Way.

5. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-45 DELEGATING AUTHORITY TO THE CITY’S SENIOR PROGRAM MANAGER FOR REAL PROPERTY TO SET JUST

COMPENSATION FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS Objective: The objective of this report is to provide sufficient information to the City Council for it to adopt Resolution 23-45 delegating authority to the City’s Senior Program Manager for Real Property to set “Just Compensation” for Capital Improvement Program (CIP) Projects.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-45 delegating authority to the City’s Senior Program Manager for Real Property to set “Just Compensation” for Capital Improvement Program (CIP) Projects.

6. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-43 AMENDING THE CAPITAL

IMPROVEMENT PROGRAM (CIP) TO ADD A NEW PROJECT TO ADDRESS THE PAVEMENT

AND DRAINAGE CONDITIONS ALONG SUTTER STREET FROM WEST CAPITOL AVENUE TO

ITS NORTHERLY TERMINUS
2 Objective: The objective of this report is to provide sufficient information to the City Council for it to adopt Resolution 23-43 amending the Capital Improvement Program (CIP) to add a new project to address the pavement and drainage condition along Sutter Street from West Capitol Avenue to its northerly terminus.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-43 amending the Capital Improvement Program (CIP) to add a new project to address the pavement and drainage conditions along Sutter Street from West Capitol Avenue to its northerly terminus.

7. Capital Projects
CAP CONSIDERATION OF ADOPTION OF RESOLUTION 23-40 DELEGATING AUTHORITY

TO THE CITY MANAGER, ASSISTANT CITY MANAGER OR DIRECTOR OF CAPITAL

PROJECTS, TO EXECUTE RIGHT OF WAY CERTIFICATIONS WITH THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS.

Objective: The objective of this report is to provide the City Council with sufficient information for it to adopt Resolution 23-40 delegating authority to the City Manager, Assistant City Manager or Director of Capital Projects to execute right of way certifications with the California Department of Transportation for Capital Improvement Program (CIP) projects.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-40 delegating authority to the City Manager, Assistant City Manager or Director of Capital Projects to execute right of way certifications with the California Department of Transportation for Capital Improvement Program (CIP) projects.

8. Capital Projects

CONSIDERATION OF AWARD OF A CONSTRUCTION CONTRACT TO PRO-BUILDERS FOR FIRE STATION 45 TENANT IMPROVEMENTS PROJECT (CIP 51278) Objective: The purpose of this report is to provide the City Council with sufficient information to award a Construction Contract to Pro-Builders for the Fire Station 45 Tenant Improvements Project (CIP 51278).

Recommendation: Staff respectfully recommends that the City Council: (1) Find that the proposed project for the Fire Station 45 Tenant Improvements project is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, 15303, and 15304, and find that the determination represents the independent judgment of the City; (2) Approve and authorize the City Manager, or his designee, to execute a Construction Contract to with Pro-Builders for the Fire Station 45 Tenant Improvements Project as the lowest responsive and responsible bidder in the amount of $288,750; and (3) Delegate authority to the City Manager, or his designee, to execute changes or modifications to the up to 10% of the contract amount, not to exceed $28,875.

9. Community Development
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-4

PERTAINING TO AN AMENDMENT TO THE TERM OF THE YARBROUGH DEVELOPMENT

AGREEMENT
Objective: The purpose of this item is to provide the City Council with sufficient information to consider an amendment to the term of the existing Yarbrough Development Agreement between ASB Southport II LLC. and the City of West Sacramento.
3 Recommendation: Staff respectfully recommends that the City Council: (1) Find that the action is does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines; and (2) Waive second reading and adopt Ordinance 23-4 amending the term of the Yarbrough Development Agreement between ASB Southport II LLC. and the City of West Sacramento.

10. Community Development
CONSIDERATION OF RESOLUTION 23-34 ACCEPTING THE MAJORITY OF PUBLIC IMPROVEMENTS FOR SUBDIVISION NO. 5129, NEWPORT ESTATES UNIT 12 Objective: The objective of this report is to obtain acceptance of public improvements within Newport Estates Subdivision No. 5129, Unit 12.

Recommendation: Staff respectfully recommends that City Council adopt Resolution 23-34, accepting public improvements within Newport Estates Unit 12, Subdivision 5129 including water, sewer, storm drain, street lights and roadway improvements and excluding Community Facilities District (CFD) landscaping, irrigation, and street trees.

11. Finance

CONSIDERATION OF ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT AND RELATED DOCUMENTS FOR FISCAL YEAR ENDING JUNE 30, 2022 Objective: The purpose of this report is to provide the final audited Annual Comprehensive Financial Report (“Annual Report” or “ACFR”), Single Audit, and Appropriations Limit Report and related documents to City Council for the fiscal year ending June 30, 2022 as required by federal and state regulations.

Recommendation: As providing the City Council with the final audited Annual Comprehensive Financial Report (“Annual Report” or “ACFR”), Single Audit, and Appropriations Limit Report and related documents to City Council for the fiscal year ending June 30, 2022 is an informational item only, no action is required.

12. Finance
FY 2021-22 SALES TRANSACTION AND USE TAX MEASURE ANNUAL REPORTS OF

REVENUES AND DISBURSEMENTS
Objective: The purpose of this item is to provide the City Council with an annual report of the receipt and use of the City’s sales transaction and use tax (TUT) measure funds.

Recommendation: Staff respectfully recommends that the City Council receive the report of the Sales Transaction and Use Tax Measure Revenue and Disbursements for Measures K, V, E and N for the fiscal year ended June 30, 2022.

13. Public Works
CONSIDERATION OF A PROCLAMATION RECOGNIZING MAY 21-27, 2023 AS NATIONAL

PUBLIC WORKS WEEK
Objective: The purpose of this report is to raise public awareness of the importance of the service provided by Public Works and proclaim May 21-27, 2023, as National Public Works Week.

Recommendation: Staff respectfully recommends that the City Council adopt the attached proclamation recognizing May 21-27, 2023, as National Public Works Week.

14. City Manager's Office
4 CONSIDERATION OF RESOLUTION 23-37 AND AWARD OF A CONTRACT FOR SERVICES

WITH ARC DOCUMENT SOLUTIONS FOR THE SCANNING OF ARCHIVED RECORDS Objective: The purpose of this report is to provide information to the City Council to consider approval of Resolution 23-37 appropriating funds for a professional services contract to provide scanning services of archived records, and approval of the contract.

Recommendation: Staff respectfully recommends that the City Council: (1) Approve Resolution 23-37 revising the funding source and adding additional appropriations for a professional services contract with ARC Document Solutions for the scanning of archived records in the amount of $300,000; and (2) Approve and authorize the City Manager, or his designee, to execute a professional services contract with ARC Document Solutions for the scanning of archived records.

15. City Manager's Office

CONSIDERATION OF PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL DECLARING MAY 2023 AS MENTAL HEALTH AWARENESS MONTH
Objective: The purpose of this report and proclamation is to provide awareness about the need to support mental health services and education for the benefit of families and residents of West Sacramento and communities throughout Yolo County.

Recommendation: Staff respectfully recommends that the City Council adopt the proclamation declaring May 2023 as Mental Health Awareness Month.

PUBLIC HEARINGS

16. Community Development
PUBLIC HEARING AND CONSIDERATION OF FIRST READING OF ORDINANCE 23-7

PERTAINING TO AN AMENDMENT TO THE TERM OF THE RIVER PARK DEVELOPMENT

AGREEMENT
Objective: The purpose of this item is to provide the City Council with sufficient information to consider an amendment to the term of the existing Development Agreement (DA) between Sun M Capital, LLC and the City of West Sacramento for the River Park project.

Recommendation: Staff respectfully recommends that the City Council: (1) Conduct the public hearing; (2) Find that the amendment to the term of the existing River Park Development Agreement between Sun M Capital, LLC and the City of West Sacramento does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines; and  (3) Waive first reading and read by title only Ordinance 23-7 amending the term of the River Park Development Agreement between Sun M Capital, LLC and the City of West Sacramento.

REGULAR AGENDA

17. Finance

WORKSHOP ON THE PROPOSED OPERATIONS & MAINTENANCE (O&M) AND CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGETS FOR FISCAL YEARS 2023/24 AND 2024/25 Objective: The purpose of this report is to present the City Council with the proposed Operations and Maintenance (O&M) fund budgets, decision package (supplemental) requests for new O&M appropriations, and the proposed 5-year Capital Improvement Program (CIP); discuss the proposed funding sources and available funding capacity for the proposed appropriations; and solicit feedback from the Council to inform the development of the final proposed budget which will be presented to Council for consideration in June.
5 Recommendation: Staff respectfully recommends that the City Council review staff’s report and the information presented at the meeting and provide feedback and direction to staff to be used in preparation of the final proposed budget scheduled for Council consideration on June 28, 2023.

GENERAL ADMINISTRATION FUNCTION – PART II

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

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

19. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS NONE

20. PART II
A. Council Calendar
B. City Manager Report
C. City Attorney Report
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the 6 May 17, 2023 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted May 12, 2023 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review.

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

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

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

If you need assistance to participate in this meeting, please contact the City Clerk’s Office at 916-617- 4500 or [email protected]. Notify the City Clerk’s Office at least 48 hours prior to the meeting will assist staff in assuring reasonable arrangements can be made to provide accessibility to the meeting. Assisted listening devices are available at this meeting. 7 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 17, 2023 ITEM # 2
SUBJECT:

CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES CONTRACT AWARD

TO BLACK & VEATCH CORPORATION FOR THE DESIGN PHASE OF THE HIGH

SERVICE MANIFOLD REPAIR/REPLACEMENT/VAULT INSTALLATION PROJECT (CIP 21041)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Inambao Lifanu, Project Manager II
Capital Projects Department

[ ] Council [X] Staff
[ ] Other
Chris Kania, Water Treatment Superintendent
Public Works Operations and Maintenance
Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve a professional services contract award to Black & Veatch Corporation for the design phase of the High Service Manifold Repair/Replacement/Vault Installation Project (CIP 21041) at the George Kristoff Water Treatment Plant.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve award of Contract with Black & Veatch Corporation for $382,444 which includes design of suction vault, flow meter with vault, and development of bid package for construction; 2) Delegate authority to the City Manager or his designee to execute a professional services contract with Black & Veatch Corporation in the amount of $382,444;
3) Authorize the City Manager or his designee to issue monthly progress payments to the consultant; and 4) Authorize the City Manager, or his designee, to execute amendments or change orders up to 15% ($57,367) of the Contract value.

BACKGROUND
The City of West Sacramento's only water source is the Sacramento River. Water collected from the river is cleaned and treated at the George Kristoff water treatment plant which serves as the primary facility that houses the infrastructure that collects, cleans, processes, and distributes potable water to the over 52,000 residents of the City. The facility is equipped with all manner of infrastructure, sensors, pumps, motors, switches, panels, filters, radios and networks that are critical to the valuable water supply used by the City. The facility also houses seven (7) operations staff, with 24-hour service to ensure that each and every alarm is attended to, and the facility is secure of any risks, hazards and uninvited situations.

The High Service Pump Station (HSPS) was designed and built in 1987 as a requirement to move high volumes of treated water from the clear wells into distribution systems serving the entire City of West Sacramento.

In 2003-2004, the HSPS was expanded to increase hydraulic capacity to 58 MGD (Million Gallons Per Day). The HSPS was originally constructed with 8 vertical turbine pumps in cans and a buried suction manifold. The HSPS was then expanded to include space for 8 additional pumps, mirroring the existing 8 pumps, and to allow equipment for up to 16 pumps. This infrastructure is a critical component of the City’s water pressure and is the main source of treated surface water into the City’s distribution system.

Over the years, the City has experienced leaks and shearing of the stem extensions and operating nuts on some buried suction piping butterfly valves. Repair of the suction piping and valving requires excavation pits with depths to 15 feet or more.

In 2013, the City discovered that Sodium Hydroxide leaked into the soil in the vicinity of the HSPS buried suction piping and valving. With the exposure of buried steel piping to a highly corrosive base and difficulty of access for repair, the City decided on a more functional solution to reduce cost and ease accessibility to the valves and underground infrastructure for routine repairs and maintenance.

In 2021 City staff and operators recommended exposing the buried pipes and installing a vault to provide operators a clear view and access to the mechanical assembly of its High Service Pump Station housing 16 8 High Service Manifold Repair/Replacement/Vault Installation Project May 17, 2023

pumps and valves. This will help operators and contractors perform maintenance, replacement of parts and diagnosis of the assembly. For functionality, the vault is expected to be open and meet standard access, security and safety requirement including lighting, stairway, guard rail and sump and process drain to remove ground water.

ANALYSIS
The Capital Projects Department conducted a competitive process to select an engineering consultant for the design of the High Service Manifold Repair/Replacement/Vault Installation Project. The process was to address design of a suction manifold vault that provides a clear view and access to the mechanical assembly. The vault must provide standard access and meet security and safety requirements including lighting, stairway, guard rail.

Design shall include a floor drain sump with power and controls for a sump pump. It must also include provisions for a process drain to remove ground water. Additionally, the project will include the design of a new insertion flow meter and vault on the buried 54-inch diameter HSPS discharge piping.

On February 10,2023, the RFP package was advertised in the local paper. The RFP package was also posted on the City’s website and through our electronic procurement platform OpenGov.com. On April 20, 2023, City staff received two (2) bids. The results were as follows:

Table 1
Rank Contractor Base Bid Amount
1 Black & Veatch Corporation $382,444
2 Harris & Associates Inc. $299,132
After examining the consultant’s licenses, work experience, qualifications and proposal submitted in each of the complete proposal packages, staff determined that Black & Veatch Corporation’s proposal best addressed all the challenges the City faced. The proposal included the design of the vault, features, materials to be used and a clear flow of how the installation will be done, instead of listing options. Additionally, Black & Veatch displayed a more professional and seasoned team and hence scored higher on the bid evaluation making them the more responsive and qualified bidder for the project, with a total bid of $382,444. On this basis, City staff recommend awarding the professional services contract to Black & Veatch Corporation.

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

Strategic Plan Integration
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 stated above in this report; 2) Make changes to recommended actions; or
3) Defer the project to a later date or delete the project.

Staff recommends Alternative 1 as the best way to ensure the maximum value from the High Service Station at the George Kristoff Water Treatment Plant. It will be more cost effective to the City to complete the updates now rather than later, due to inflation and rising cost of materials and services.

Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Public Works Operations and Maintenance Department and the Finance Department. 9 High Service Manifold Repair/Replacement/Vault Installation Project May 17, 2023

Budget/Cost Impact
The budget/cost impact for this project is funded by the High Service Manifold Repair/Replacement/Vault Installation Project (CIP 21041). The budget appropriation for the current design phase of the project is $500,000.

Per the table below, there are adequate funds for the recommended action and no additional funds are required or being requested of the Council at this time.

PROJECT BALANCE – High Service Manifold
Repair/Replacement/Vault Installation
Original Project
Appropriation FY
2022/2023
$500,000
Total Current Project
Balance $500,000
TOTAL PROJECT COST – THE DESIGN BUILD
Contract $382,444
15% Contingency $57,367
Labor Compliance $3,000
PM/City Staff Time $48,000
Permitting $9,189
Total Costs $500,000

BREAKDOWN OF PROJECT DIFFERENCE
Project Appropriation $500,000
Less: Total Project
Cost $500,000
Project BALANCE ($0)

ATTACHMENT
1) Contract with Black & Veatch Corporation
10 Black and Veatch Corporation
CPC23-099 Water Treatment Plant High Service Manifold Repair/Replacement/Vault Installation Project Expires May 31, 2025
Rev 9.20.22 1

CONTRACT FOR SERVICES
THIS CONTRACT is made on May 17, 2023, by and between the CITY OF WEST SACRAMENTO (“City”), and Black and Veatch Corporation (“Consultant”).

WITNESSETH:

WHEREAS, the City desires professional services for the Water Treatment Plant High Service Manifold Repair/Replacement/Vault Installation Project; WHEREAS, the Consultant has presented a proposal for such services to the City, dated April 20, 2023, (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 after May 31, 2025.

B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.

Attachment 1
11 Black and Veatch Corporation
CPC23-099 Water Treatment Plant High Service Manifold Repair/Replacement/Vault Installation Project Expires May 31, 2025
Rev 9.20.22 2
C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for two additional 1-year terms 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 three hundred eighty two thousand four hundred forty four dollars ($382,444.00), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "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:

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.

Attachment 1
12 Black and Veatch Corporation
CPC23-099 Water Treatment Plant High Service Manifold Repair/Replacement/Vault Installation Project Expires May 31, 2025
Rev 9.20.22 3

6. EXTENSIONS OF TIME:

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

7. PROPERTY OF CITY:

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

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

8. COMPLIANCE WITH ALL LAWS:

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.

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.

Attachment 1
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B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.

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

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

10. SUBCONTRACTING:

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

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

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

13. MATERIALS CONFIDENTIAL:

All of the materials prepared or assembled by Consultant pursuant to performance of this Attachment 1
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Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

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

15. INDEMNITY AND LITIGATION COSTS:

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

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

16. CONSULTANT TO PROVIDE INSURANCE:

A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).

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 Attachment 1
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providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

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

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

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

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, 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.

Attachment 1
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iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

16.B.2.b).

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

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

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

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

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

17. MISCELLANEOUS PROVISIONS:

A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to 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 Attachment 1
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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
1110 West Capitol Avenue
West Sacramento, CA 95691
Email:

Consultant:

Black and Veatch Corporation
10995 Gold Center Drive, Suite 100
Rancho Cordova, CA 95670
Email: [email protected]
F. This Contract shall be interpreted and governed by the laws of the State of California.

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

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.

Attachment 1
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[Signatures on following page]
Attachment 1
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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

BLACK AND VEATCH CORPORATION
By: _________________________
Dave Carlson, Vice President
Date Executed: _________________
Attachment 1
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CPC23-099 Water Treatment Plant High Service Manifold Repair/Replacement/Vault Installation Project Expires May 31, 2025

EXHIBIT A
Consultant Proposal/Scope of Work
Attachment 1
21 City of West Sacramento April 20, 2023
WTP High Service Manifold Repair/Replacement/Vault Page 1 of 9 Installation – Assessment and Design Phase

SCOPE OF WORK

CITY OF WEST SACRAMENTO
WTP High Service Manifold Repair/Replacement/Vault Installation – Assessment and Design Phase

PROFESSIONAL ENGINEERING DESIGN PHASE SERVICES
I. SUMMARY
The George Kristoff Water Treatment Plant (GKWTP) was originally constructed in 1987 and expanded in 2003-2004 to increase hydraulic capacity to 58 MGD. The High Service Pump Station (HSPS) was originally constructed with 8 vertical turbine pumps and a buried suction manifold, and the HSPS was expanded to include space and allow equipment for up to 16 pumps.

The HSPS is a critical component of the City’s water distribution system since it boosts the water pressure and is the main source of treated surface water into the City’s distribution system. Over the years, the City has experienced leaks, shearing of the operating nut stem extension on some buried suction piping butterfly valves. Repair of the suction piping and valving requires excavation pits with depths to 15 feet or more. In 2013, the City discovered that Sodium Hydroxide leaked into the soil in the vicinity of the HSPS buried piping and valving. With the exposure of buried steel piping to a highly corrosive base and difficulty of access for repair, the City has decided that a vault would be the ultimate solution to accessing the valves and pipes for maintenance and leak detection.

The City is also required to perform water audits to determine the amount of water added to the distribution system in a one-year period and also calculate water losses (both apparent and real). To improve accuracy of the water audit, a new flow meter is needed on the buried 54-inch diameter HSPS discharge piping.

II. PROJECT DESCRIPTION
Per the RFP, the project scope is to provide the following:
• Design a vault around the suction manifold that provides operators a clear view and access to the mechanical assembly.
• Design of a new insertion flow meter and vault on the buried 54-inch diameter HSPS discharge piping (transmission main to the City’s water distribution system).

Per Addendum No. 2 to the RFP, the assessment of the soil and piping conditions will be part of the construction phase (Phase 2). The future assessment includes condition assessment of the exposed buried piping, testing of soils in vicinity of the vault, and construction of Phase 1 design.

Bid support and engineering services during construction are not included in this phase of the project.

Attachment 1
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WTP High Service Manifold Repair/Replacement/Vault Page 2 of 9 Installation – Assessment and Design Phase
III. Suction Manifold Vault
Design a vault around the suction manifold that provides operators a clear view and access to the mechanical assembly. The vault must provide standard access and meet security and safety requirements including lighting, stairway, guard rail. Design shall include a floor drain sump with power and controls for a sump pump. Also include provisions for process drain to remove ground water.
• Suction Manifold Vault approximate inside dimensions:
o Main vault: 86’ L x 20’ W x 20’ Deep.
o Side vault (for 60” WSP): 25’ L x 20’ W x 20’ Deep.
• Assumptions:
o Vault shall be a cast-in-place structure with walls structurally designed to counter buoyancy from anticipated high groundwater level. o Design will include perforated drainpipes under vault foundation to collect and direct groundwater away from vault. Perforated drainpipe will connect to solid drainpipe and be located to daylight flows or enter a drainage manhole.
o Existing suction manifold and pump suction piping and valving shall be protected in place during construction.
o On butterfly valves, design for demolition of long stem extensions and replacement with shorter stems.
o Install pump suction piping encasement for segments outside of the vault. o Design of floor sump to accommodate a portable/temporary sump pump to be used when needed to drain sump.
o Design will consider relocation of pump equipment and discharge piping/valving to spare pump locations, as needed, to safely operate HSPS during assessment and construction of the vault.
 This scope and fee do not include services to modify the existing electrical and instrumentation & control modifications needed to operate the existing pumps in the spare pump locations.  If additional electrical and I&C engineering design services are needed, Black & Veatch (BV) will work with the City to amend the scope and budget to include the additional required design services. o Structural design will include support for the suction manifold piping and pump suction piping and valving within the new vault.
o A lower level access platform will be provided above the piping to provide access to valves and piping and for safe movement within the vault.

Structural design will also include supports for a lower grated steel platform and grated steel stairway into the vault.
o Vault walls will extend above top of existing pump slabs on grade to prevent surface runoff from entering the vault.

Attachment 1
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WTP High Service Manifold Repair/Replacement/Vault Page 3 of 9 Installation – Assessment and Design Phase
o Guardrails will be designed to provide fall protection into the vault. Vault will be open to air at the top.
o No ventilation is needed for the open-top vault.
o Lighting will be designed for inside the vault and replacement of site lighting displaced by the vault installation.
o Specifications will use the City’s front-end documents for bidding and BVs specifications for the technical sections. Technical specifications will be modified to reflect the City’s standard specifications for mechanical piping and equipment.
o Specification will include in bid schedule allowances to repair exterior of suction piping and replace valving if needed.

IV. Flow Meter Vault:

Based on City’s feedback at the April 7, 2023, job walk, the City is considering an insertion type flow meter. This type of flow meter will reduce the required length of straight pipe upstream.
• Approximate vault dimensions:
o Based on anticipated depth of the 54” diameter transmission main piping, approximate inside dimensions: 12’ L x 9’ W x 8’ D
• Assumptions:
o Vault is a cast-in-place concrete vault.
o A prefabricated valve vault will be considered during design if the required size is available to allow for operator access around flow meter. o The vault will be closed top for security and to reduce surface water from entering the vault.
 During the job walk, tire marks near the proposed location indicate a need for an H20 traffic rated lid.
 The vault cover will include a double-door hinged access hatch above the flow meter for operator access.
 If travel above the vault is not needed, the vault lid may be raised to further reduce surface runoff into the vault.

V. General Design Assumptions
• No geotechnical investigations will be performed. The City will provide the previous geotechnical reports for BV’s design use.
• It is assumed that environmental review and permitting will not be required since improvement work will be within the GKWTP property/fence. • One bid package will be developed for the suction manifold vault, flow meter vault, flow meter, and associated improvements.
• Engineering services during bidding and construction phases are not included in Attachment 1
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the RFP’s scope of work.
• Actual assessment of soils and piping/valving conditions in the field are not included in the RFP’s scope of work.

VI. Civil Design Assumptions
• B&V will use the City provided AUTOCAD of the as-built drawings from the 2003-2004 WTP expansion or other drawing files provided. If CAD files are not available from the City, BV will (on the City’s behalf) request the 2003-2004 CAD files from HDR Engineering, who designed the 2003-2004 WTP expansion. • If CAD files are not available, BV will use to-scale PDF as-built drawings for base plan development. Survey work is not anticipated and is not included in the base scope.
• BV standards and practices will be used.

VII. Structural Design Assumptions
• Typical B&V foundation settlement criteria of 1" total and 1/2" differential will be used.
• Seismic Site Class will be A, B, C, or D.
• Design for seismic liquefaction is not included.
• Spread or mat foundations will be used. No piling or soil improvement systems are included.
• Structural will design all pipe supports for piping 14” diameter and greater.

Structural design will include pipe supports for piping 12” diameter and smaller only in expansion systems.
• Other than guard rails, design of structural elements for a fall protection system is not included.
• Special Inspections support is not included.
• Submittal of structural calculations for review is not included. • Structural design will not include temporary excavation support.

VIII. Electrical Design Assumptions
• Only modifications to the existing electrical source for power distribution of power to the new vaults for sump pump and lighting are included in the base scope and budget.
• Any additional modifications to the electrical system beyond these should be considered Supplemental Services.
• No security, access control, fire alarm, or voice communication equipment will be provided.

IX. Instrumentation & Control Design Assumptions
• The base scope and budget are based on the Contractor providing any Attachment 1
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configuration work.
• Upgrades to existing SCADA system computer hardware or software are not anticipated and therefore not included in the Scope.
• Major network upgrades or improvements are not included.

X. PROJECT SCHDULE
See attached project schedule.

XI. Anticipated Drawing List
The sheet list will include the following drawings:
1 G-00 General Cover Sheet, Drawing List
2 G-01 General Abbreviations and Symbols
3 G-02 General General Legend and Notes
4 C-01 Civil Overall Site Plan and Flow Meter Vault Plan 5 C-02 Civil Suction Manifold Vault Site Plan
6 C-03 Civil Site Grading and Drainage Plans
7 C-04 Civil Civil Details
8 C-05 Civil Miscellaneous Details
9 M-01 Mechanical Suction Manifold Vault Plan
10 M-02 Mechanical Suction Manifold Vault Section
11 M-03 Mechanical Flow Meter Vault Plan and Sections
12 M-04 Mechanical Miscellaneous Sections
13 S-1 Structural Flow Meter Vault Foundation and Top Plans 14 S-2 Structural Flow Meter Vault Sections and Details 15 S-3 Structural Manifold Vault Foundation Plan (1 of 2) 16 S-4 Structural Manifold Vault Foundation Plan (2 of 2) 17 S-5 Structural Manifold Vault Sections and Details
18 S-6 Structural Manifold Vault Sections and Details
19 S-7 Structural Manifold Vault Sections and Details (steel platform) 20 S-8 Structural Manifold Vault Sections and Details (steel platform) 21 S-9 Structural Manifold Vault Sections and Details (steel platform) 22 S-10 Structural Structural Notes
23 S-11 Structural Structural Loading Criteria
24 S-12 Structural Structural Legends and Abbreviations Attachment 1
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25 S-13 Structural Std Concrete Joint Details
26 S-14 Structural Std Concrete Reinf Details
27 S-15 Structural Guardrail & Handrailing Details
28 S-16 Structural Typical Stair Details
29 S-17 Structural Typical Ladder Details
30 S-18 Structural Pipe Support Details
31 E-1 Electrical Legend
32 E-2 Electrical Abbreviations
33 E-3 Electrical Site Plan
34 E-4 Electrical Vault power/lighting plans
35 E-5 Electrical Single lines
36 E-6 Electrical Schedules/Details
37 I-1 I&C Process & Instrumentation Symbols
38 I-2 I&C Process & Instrumentation Diagram – Flow Meter 39 I-5 I&C Instrument Installation Details
XII. SCOPE OF WORK
Task 1. Project Management
This task will include project setup, administration, coordination with the City, and managing scope schedule and budget.

BV’s Project Manager will provide a monthly update on the project via conference call.

Meetings. The following meetings and calls are included:
• Kickoff Meeting: BV will facilitate the meeting to introduce the key team members and to confirm the project goals, schedule, and milestones. o Meeting will be an in-person, 2-hour meeting and attended by the Project Manager and Project Engineer.
o Site visit of the HSPS site will follow after the meeting. • Progress Status Conference Calls: Frequency of calls and the specific day/time will be decided at the kickoff meeting. Progress meeting will be informal conference calls with the City to provide progress status and discuss project design related items.
o For budgeting purposes, sixteen (16) bi-weekly, 1-hour calls are included in the proposed scope.

Deliverables. Kickoff meeting agenda and minutes; PDF of monthly invoices with status reports.

Attachment 1
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WTP High Service Manifold Repair/Replacement/Vault Page 7 of 9 Installation – Assessment and Design Phase
Task 2 – Preliminary Design
BV will submit a request for additional available as-built and geotechnical data on the existing HSPS, and review available existing information on the pump station, suction manifold, and common discharge piping for the flow meter vault. At the City’s request, we will also contact HDR to request the 2003-2004 WTP Expansion drawing and specification files.

BV will prepare an alternative evaluation of each vault layout (up to 3 alternative layouts will be considered). The recommended alternative, as selected at the Alternative Evaluation Workshop, will be the basis for the 30% design.

Preliminary Design Report (PDR) will summarize the alternative evaluations, design criteria, and the preliminary site plan, electrical single line diagram, and process and instrumentation diagrams (P&ID). The PDR will also include a Class 5 OPCC for recommended alternative for each vault. The OPCCs shall be prepared to a level of accuracy consistent with AACE International.

Meetings.
• Two workshops are recommended:
o Alternative Evaluation (prior to draft PDR submittal). o Final PDR and 30% Design Review to review City’s comments. • Each workshop shall be 2 hours in duration and attended by the Project Manager and Engineers.
• Site Visits – As part of the preliminary design, 1 site visit is included by Project Manager and Engineers.

Deliverables.
• Workshop meeting agendas, handouts, slides, and minutes • Draft and Final PDR submitted electronically in PDF format.

Task 3 – Final Design
Final design development begins after the final PDR/30 percent design submittal. During the Final Design phase, we propose preparing 60%, 90%, 100%, Final (Bid Package) design submittals.
• The 60% design will be based on the final PDR.
• For the 90% design submittal, the 60% design will be updated to include all technical specifications and front-end documents. The plans will address the 60% design review comments and additional details and notes will be developed to complete the design (pending comments from the City). The 60% design level OPCC will be updated and presented as a PDF via email.
• The 100% design submittal will be essentially complete pending final approvals from the City. The 90% design level OPCC will be updated and presented as a PDF via email.
• Constructability review (including value engineering) including will be performed Attachment 1
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WTP High Service Manifold Repair/Replacement/Vault Page 8 of 9 Installation – Assessment and Design Phase
on the 60% and 90% design documents and discussed with the City prior to submittal.
• The Final/Bid Package will include addressing any minor comments on the 100% design submittal.
o The final bid document drawings will be signed and sealed by registered professional engineers in the State of California.
o Plans and specifications will be prepared for all approval signatures required.

Each design submittal will include plans (drawings), specifications, and Engineer’s Opinion of Probable Construction Costs (OPCC) (PSE). The plans and specifications will be developed as follows:
• Drawings will be developed using BV standards and AutoCAD (latest version used at BV) and prepared on 22 x 34-inch sheet.
• Project technical specifications (Div. 2 to 16) will be prepared in MS Word using BV standard specifications.
• The specifications will include the City’s standard front ends and BV’s technical specifications.
o Front end documents (Division 0 and 1) will be edited for this project and will be prepared by the City.
o BV will provide supplemental information including project description and bid schedule and descriptions needed for the City to develop the front-end documents.
• Engineer’s OPCC for the 60%, 90%, and 100% designs will be developed to AACE Class 3 accuracy.

For each City review of the design submittal, the proposed project schedule considers the City reviewing each submittal and providing comments within two-weeks (10 business days) of the submittal receipt.
• Responses to City comments will be provided, but changes to design will be incorporated in the next level of design.
• A design review meeting will be held at the City office, and attended by BV Project Manager and Engineer. Meeting agenda and minutes will be prepared and distributed.
• The review comments from the City and the QA/QC team will be incorporated into the next level of design, as appropriate.

Meetings.
• Two review workshops are recommended after completion of the City’s design review for the following submittals:
o 60% design review.
o 90% design review.

Attachment 1
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• Each design review workshop shall be 2 hours in duration and attended by the Project Manager and Engineers.
• Site Visits – As part of the final design, 2 site visits are included by Project Manager and Engineers.

Deliverables.
• PSE electronically in PDF format for 60%, 90%, 100% design submittals. • For the Final/bid document submittal, plans will be submitted electronically in PDF with CAD files and specifications will be submitted electronically in PDF with MS Word files.

Optional Tasks
• OPTIONAL TASKS: For the following optional tasks identified, BV will work with the City to amend the scope and budget to include the additional required design services
o Surveying: If additional site surveying is needed to locate existing structures and confirm distances/dimensions, BV will sub-contract survey work if needed.
o Potholing: If requested by the City to confirm location and depth of the suction manifold, discharge piping, and other buried utilities, BV will subcontract potholing work. o Additional Electrical and I&C Design: Black & Veatch (BV) will work with the City to amend the scope and budget to include the additional required design services to provide power and control to the relocated high service pumps relocated to the spare location, if this is included in selected alternative evaluation.

End of Scope Document
Attachment 1
30 Black and Veatch Corporation
CPC23-099 Water Treatment Plant High Service Manifold Repair/Replacement/Vault Installation Project Expires May 31, 2025

EXHIBIT B
Schedule of Performance
Contract Start Date May 17, 2023
Contract End Date May 31, 2025
Attachment 1
31 Black and Veatch Corporation
CPC23-099 Water Treatment Plant High Service Manifold Repair/Replacement/Vault Installation Project Expires May 31, 2025
Exhibit C
Schedule of Fees
Attachment 1
32 Owner: City of West Sacramento
Project: WTP High Service Manifold Repair/Replacement/Vault Installation Project
Director
Project
Manager QA/QC
Constr.

Review
Project
Admin,
Acctng
Cost
Est.

Design
Eng
Mgmt Civil
Asset
Mgmt
Senior
Struc Struc
Senior
Mech Mech
Senior
Elec Elec
Elec
Tech
Senior

I&C I&C CAD
$460 $317 $359 $326 $160 $240 $256 $180 $219 $235 $167 $250 $192 $256 $160 $150 $276 $141 $144

WORK BREAKDOWN

STRUCTURE
TAS
Task 1 - Project Management 1000 K $31,778
Kickoff and Progress Meetings (up 1100 2 18 - - - - 16 8 - - - - - - 4 - 1 - - 49 $13,078 Project Management 1200 6 20 - - 60 - - - - - - - - - - - - - - 86 $18,700 Task 2 - Preliminary Design 2000 $59,730
Review Existing Information 2100 - 4 - - - - 8 8 - - - - - - - - - - - 20 $4,756 Draft PDR 2200 - 12 4 - - - 20 24 8 3 4 2 3 1 4 4 1 12 32 134 $26,953 Final PDR 2300 - 8 4 - - - 12 16 8 2 6 - 2 - 1 - - 6 8 73 $15,690 Meetings (2) 2400 - 6 - - - - 6 8 8 - - - 2 - 1 - - 1 - 32 $7,315 Cost Estimate 2500 - 2 2 - - 8 4 4 - - - - - - - - - - - 20 $5,016 Task 3 - Final Design Services 3000 $290,936
60% Design 3100 - 20 6 10 - - 20 36 6 131 123 6 31 1 14 12 2 12 100 531 $104,530 90% Design 3200 - 20 6 10 - - 20 36 6 105 98 6 32 9 30 20 4 6 100 508 $99,894 100% Design 3300 - 16 4 - - - 16 30 4 26 24 3 14 1 3 3 1 4 80 229 $44,056 Final Design 3400 - 8 2 - - - 12 20 - - - 2 6 1 2 2 - 2 40 97 $18,496 Meetings (2) 3500 - 6 - - - - 6 6 - - - - 2 - 2 - - 2 - 24 $5,504 Cost Estimate 3600 - 2 2 - - 64 4 4 - - - - - - - - - - - 76 $18,456 8 142 30 20 60 72 144 200 40 268 256 19 92 13 61 41 9 45 360 1,880 $3,680 $45,014 $10,770 $6,520 $ 9,600 $ 17,280 $ 36,864 $ 36,000 $ 8,760 $ 62,933 $ 42,702 $ 4,750 $ 17,664 $ 3,328 $ 9,760 $ 6,150 $ 2,484 $ 6,345 $ 51,840 $ 382,444 Total, Hours
Total, Billings

SUBTOTAL
Hours
PHASE/Task
(Billing Rate, $$,Hr.) TOTAL
Billings
BLACK & VEATCH 2
Cost Proposal
City of West Sacramento | WTP High Service Manifold Repair/Replacement/Vault Installation - Assessment and Design Phase Attachment 1
33 City of West Sacramento | WTP High Service Manifold Repair/Replacement/Vault Installation - Assessment and Design Phase
Cost Proposal

RATE SCHEDULE
JOB TITLE RATE ($/HR)
Client Services Manager/Project Director $350-460
Project Manager/Task Manager $260-380
Technical Advisor, Quality Assurance/Quality Control $280-440 Engineering Manager $200-320
Feasibility & Process Evaluation $190-450
Renewable Energy Specialist $190-320
Condition Assessment $220-340
Risk Management $240-500
Pump Stations $200-260
Hydraulics & Hydraulic Modeling $180-280
I&C $140-320
Electrical $150-280
Structural $160-280
Mechanical $200-280
Geotechnical $300-420
Corrosion & Condition Assessment $190-275
Construction Management $240-360
Operations and Troubleshooting $260-320
Project Engineer $185-260
Staff Engineer $130-200
Engineering Intern $80-120
CAD Technician/Designer $150-225
CAD Technician $100-175
Estimator $225-320
Project Controls $140-200
Project Accountant/Finance $110-170
Project Administrator $100-160
NOTES:

1. Labor costs will be billed as actual hours charged to the project/task order by Black & Veatch personnel in
accordance with the labor rates shown in the rate schedule.

2. Billing rates based on annual escalation rate of
5% from 2023 through 2026 (on-call period). Rate
adjustments will be reviewed for any contract extensions beyond March 1, 2026.

3. Billing Rates include typical and customary expenses, including computer related expenses (network server
charges, PC usage charges, software and design application charges, printing, plotting, and server storage), telephone, postage/courier, etc. Outside reproduction, if required, will be billed separately as a reimbursable expense.

4. Cost of sub-consultants and other 3rd party services will be billed at actual cost plus 5%.

5. Any professionals not covered under the categories
identified above will be placed in the most appropriate category in the rate schedule based on function and
experience level.

6. This rate schedule contains information that may
be privileged, confidential and exempt from disclosure
under applicable law. Any unauthorized disclosure,
copying, or distribution of this document or any of its contents is prohibited.

Effective March 1, 2023 through March 1, 2026
CITY OF WEST SACRAMENTO | ON-CALL PROFESSIONAL ENGINEERING SERVICES BLACK & VEATCH 2  BLACK & VEATCH 3 Attachment 1
34 Black and Veatch Corporation
CPC23-099 Water Treatment Plant High Service Manifold Repair/Replacement/Vault Installation Project Expires May 31, 2025
Exhibit D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

BLACK AND VEATCH CORPORATION
By:

Dave Carlson, Vice President
Attachment 1
35 Black and Veatch Corporation
CPC23-099 Water Treatment Plant High Service Manifold Repair/Replacement/Vault Installation Project Expires May 31, 2025

EXHIBIT E

LABOR COMPLIANCE

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

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

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

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

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

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

Attachment 1
36 Black and Veatch Corporation
CPC23-099 Water Treatment Plant High Service Manifold Repair/Replacement/Vault Installation Project Expires May 31, 2025
D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

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

5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code. Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5.

Attachment 1
37 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 17, 2023 ITEM # 3
SUBJECT:

CONSIDERATION OF APPROVAL OF AN ON-CALL LIST OF PROFESSIONAL

ENGINEERING CONSULTANTS TO PROVIDE ENGINEERING

DESIGN AND RELATED SERVICES
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ x ] Staff
[ ] Other
Eddie Unutoa, Financial Specialist
Capital Projects Department
ATTACHMENT [ ] Yes [X] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information for it to approve an on-call list of professional engineering consultants to provide as-needed Engineering Design and Related Services.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve the On-Call List of Professional Engineering Consultants for Engineering Design and Related Services for 3 years; and
2) Delegate authority to the City Manager to extend the on-call list for two (2), 1-year extensions as required.

BACKGROUND
The City periodically relies on professional engineering consultants to provide various engineering services when workload has exceeded City staff capacity or when specialized expertise is required for a particular project. In the past, the Engineering Division has, on an individual project basis, sought and processed Requests For Proposals (RFPs) and Requests For Qualifications (RFQs) to support various capital improvement projects.

Establishing a professional engineering consultant on-call list reduces staff time and expedites project delivery by avoiding repeated solicitations of qualifications. The on-call list is anticipated to be utilized for water, wastewater, storm water, surveying, geospatial mapping, traffic signalization, transportation, emergency and/or other related projects from the approved CIP.

ANALYSIS
Staff issued a Request for Qualifications (RFQ) from professional service firms to provide “Professional Engineering Services on an As-Needed Basis” on February 22, 2023. The RFQ was advertised on the City of West Sacramento OpenGov website and in the West Sacramento News-Ledger. Twenty-three (23) proposals were received on March 24, 2023, and were evaluated to determine qualifications based on experience with public agency capital projects.

After careful consideration of each firm’s qualifications, availability, expertise, size and depth of staff, and without consideration of pricing as outlined in Government Code 4526, the following firms have been qualified for the on-call list:
 Bennett Engineering Services
 BKF Engineers
 Black and Veatch
 Brown and Caldwell
 Carollo
 CWE Engineers
 Domenichelli and Associates, Inc.
 Harris and Associates, Inc.
 HydroScience Engineers
 Kimley Horn
 Kjeldsen Sinnock Neudeck Inc.
 Lumos and Associates
 NCE
 PSOMAS
 R.E.Y. Engineers, Inc.
 TRC Engineers, Inc.
38 On-call Engineering Services List
May 17, 2023

 Wood Rodgers
As the need for Professional Engineering Design and Related Services is identified, the City will issue a shortened Request for Proposal to the firms on a pre-established short list. The response will be reviewed by a panel, and the firm most qualified to perform the desired duties will be selected, and a Contract for Services established. The contracts will include standard guarantees and obligations (e.g., insurance coverage). The firm selected for each contract will be chosen based on specific areas of strength and availability for timely response.

All contracts will require Council approval utilizing normal procedures.

Having firms on the on-call list for Professional Engineering Design and Related Services saves staff time in soliciting and reviewing qualification statements, while complying with the City’s Purchasing Policy and State Procurement requirements. Federally funded projects may still require a competitive solicitation to be performed for these services.

The on-call list of professional engineering consultants will be valid for three years, and eligible for two (2) one (1) year extensions. This on-call list does not preclude City Staff from holding separate solicitations for the same or additional services.

Environmental Considerations
The approval of a list of on-call professional engineering consultants is not a project subject to CEQA.

Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
The City Council may decide to:

1. Approve the recommended action as stated above.

2. Reject all proposals and direct staff to repeat the Request for Qualifications process.

3. Reject all proposals and direct staff to issue Request for Proposals for each individual project.

Alternative 1 is recommended because having firms on the on-call list for Professional Engineering Design and Related Services saves staff time in soliciting and reviewing qualification statements, while complying with the City’s Purchasing Policy and State Procurement requirements.

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

Budget/Cost Impact
The approval of an on-call list for Professional Engineering Design Services does not guarantee a minimum or maximum number of hours or amount of services required of any single Consultant. The costs of the services provided by a consultant will be billed to each capital project approved by the City Council. Contract award amounts will be based on a negotiated scope of work and effort for the project and/or task. Prior to individual project initiation, budgets will be reviewed with the Finance Department and contracts approved by the City Council.

ATTACHMENT(S)
None
39 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 17, 2023 ITEM # 4
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 23-44 AMENDING THE CAPITAL

IMPROVEMENT PROGRAM (CIP) BY ADDING A NEW PROJECT TO ADDRESS THE

TRAFFIC SAFETY ISSUE AT THE INTERSECTION OF SIXTH STREET & CUMMINS WAY INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [x] Staff
[ ] Other
Gary Predoehl, Capital Improvement Manager
Capital Projects Department
ATTACHMENT [x] Yes [ ] No [ ] Information [ ] Direction [x] Action

OBJECTIVE
The objective of this report is to provide sufficient information to the City Council for it to adopt Resolution 23-44 amending the Capital Improvement Program (CIP) to add a new project to address the traffic safety issue at the intersection of Sixth Street and Cummins Way.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-44 amending the Capital Improvement Program (CIP) to add a new project to address the traffic safety issue at the intersection of Sixth Street and Cummins Way.

BACKGROUND
The intersection of Sixth Street and Cummins Way is located in the Broderick community of West Sacramento.

The intersection has had multiple instances of vehicles traveling too fast along Cummins Way and crashing into houses located in or near the intersection. One house located on Sixth Street has been crashed into by vehicles multiple times. The property owner has notified the City of the crashes and has requested the City take measures to protect their house from those vehicles traveling too fast along Cummins Way. City staff have had meetings with the property owner along with various neighbors. A variety of potential solutions have been discussed; however, the situation has reached the point where an actual solution must be identified and implemented by the City to mitigate the potential for future accidents and damage.

ANALYSIS
The Capital Projects Department is requesting that a project be formed so that a consultant can be selected and hired to explore potential solutions for the traffic safety issue at the intersection of Sixth Street and Cummins Way. Potential solutions may include traffic calming along Cummins Way, redesigning of the intersection, providing barriers in front of subject properties, purchase of properties and extension of Cummins Way to Lighthouse Drive, some combination of these solutions, and potentially other solutions. The project at this point is just an identification, preliminary design, and environmental analysis/documentation of these potential solutions along with corresponding cost estimates. The installation of barriers may also occur as an early action in this initial project phase.

The cost to hire a consultant and provide related staff time to accomplish this task is estimated at $125,000.

Capital Projects will return to the Council in the future for it to approve a consultant contract after a consultant has been selected. After the consultant has provided an identification, preliminary design, and environmental analysis/documentation of potential solutions along with respective cost estimates, the Department will select one or more of the solutions to move forward for final design and construction. At that time, Capital Projects will return to the Council to seek appropriate funding to move the project forward to final design and construction.

In order to proceed with consultant selection, the Department is requesting that the City Council amend the Capital Improvement Program (CIP) to add a new project to address the traffic safety issue at the intersection of Sixth Street and Cummins Way. The new project will be titled “Sixth Street & Cummins Way Traffic Safety Project.”
40 Sixth Street & Cummins Way CIP Amendment
May 17, 2023

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).) Environmental analysis/documentation will be performed by the Consultant for each of the potential solutions to address the traffic safety issue at Sixth Street and Cummins Way.

Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
The Council may:
1) Approve the recommended action as stated above.
2) Approve the recommended action with modifications.
3) Council may choose to not approve the recommended action.

Alternatives 2 and 3 are not recommended. Staff believes it is important to move forward now and identify potential solutions for the traffic safety issue at the intersection of Sixth Street and Cummins Way.

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

Budget/Cost Impact
The cost to hire a consultant and provide related staff time for this project is estimated at $125,000. Staff recommends that this new project be funded with Measure E (Road Rehabilitation) funds in the amount of $125,000.

ATTACHMENTS
1) 6th St and Cummins Way Map
2) Resolution 23-44
3) Measure E Analysis
41 Attachment 1
42 Attachment 1
RESOLUTION 23-44

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

APPROVING AN AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM (CIP) TO

ADD A NEW PROJECT TO ADDRESS THE TRAFFIC SAFETY ISSUE AT THE

INTERSECTION OF SIXTH STREET & CUMMINS WAY
WHEREAS, the City Council adopted the biennial Capital Improvement Program (CIP) budget for Fiscal Years 2021/22 and 2022/23 on June 16, 2021; and WHEREAS, the intersection of Sixth Street and Cummins Way is located in the Broderick community of West Sacramento; and
WHEREAS, the intersection has had multiple instances of vehicles traveling too fast along Cummins Way and crashing into houses located in or near the intersection; and WHEREAS, one house located on Sixth Street has been crashed into by vehicles multiple times and the property owner has notified the City of the crashes and has requested the City take measures to protect their house from those vehicles traveling too fast along Cummins Way; and WHEREAS, City staff have had meetings with the property owner along with varying neighbors; and
WHEREAS, a variety of potential solutions have been discussed; however, the situation has reached the point where an actual solution must be identified and implemented by the City; and
WHEREAS, an amendment to the Capital Improvement Program (CIP) is required to add a new project to address the traffic safety issue at the intersection of Sixth Street and Cummins Way; and

WHEREAS, the City Council has considered all information related to this matter, as presented at any 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 Capital Improvement Program for Fiscal Year 2022/23 by adding a project titled “Sixth Street & Cummins Way Traffic Safety Project.” (CIP 12023)

2. The City Council hereby approves amendments to the Capital Improvement Program for Fiscal Year 2022/23 as listed below:
43 Resolution 23-44

SOURCES
$125,000 110-0000-3085 Measure E Fund Balance
$125,000 400-9900-4990/400-12023-4990 Transfer in from Measure E – Road Rehabilitation Funds
$125,000 TOTAL SOURCES
USES
$125,000 400-9900-5530/400-12023-5261 Sixth Street & Cummins Way Traffic Safety Project
$125,000 110-9530-5950 Transfer out to Project
$125,000 TOTAL USES
* Transfers are included for accounting purposes, but excluded from the total sources and uses to avoid duplication of costs.

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

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

PASSED AND ADOPTED by the West Sacramento City Council this 17th day of May, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
44 Measure E Analysis for Proposed CIP-12023
Sixth Street & Cummins Way Traffic Safety Project
Project Description
The intersection of Sixth Street and Cummins Way is located in the Broderick community of West Sacramento. The intersection has had multiple instances of vehicles traveling too fast along Cummins Way and crashing into houses located in or near the intersection. One house located on Sixth Street has been crashed into by vehicles multiple times. The property owner has notified the City of the crashes and has requested the City take measures to protect their house from those vehicles traveling too fast along Cummins Way. City staff have had meetings with the property owner along with varying neighbors. A variety of potential solutions have been discussed; however, the situation has reached the point where an actual solution must be identified and implemented by the City.

The Capital Projects Department is requesting that a project be formed so that a consultant can be selected and hired to explore potential solutions for the traffic safety issue at the intersection of Sixth Street and Cummins Way. Potential solutions may include traffic calming along Cummins Way, redesigning of the intersection, providing barriers in front of subject properties, purchase of properties and extension of Cummins Way to Lighthouse Drive, some combination of these solutions, and potentially other solutions. The project at this point is just an identification, preliminary design, and environmental analysis/documentation of these potential solutions along with corresponding cost estimates. The installation of barriers may also occur as an early action in this initial project phase.

The cost to hire a consultant and provide related staff time to accomplish this task is estimated at $125,000. Capital Projects will return to the Council in the future for it to approve a consultant contract after a consultant has been selected. After the consultant has provided an identification, preliminary design, and environmental analysis/documentation of potential solutions along with respective cost estimates, the Department will select one or more of the solutions to move forward for final design and construction. At that time, Capital Projects will return to the Council to seek appropriate funding to move the project forward to final design and construction.

Policy Context
Addressing traffic safety issues is contained within the core element of Measure E, i.e., road rehabilitation.

Addressing traffic safety issues is also consistent with providing quality municipal services, quality City infrastructure and facilities and inspiring community improvements that add value to the lives of the City’s residents. Further, traffic safety projects are consistent with General Plan Element M-3.1 “Safe and Efficient Roadways.”
Supplementary Funds
Currently there are no supplementary funds matching the use of the Measure E funds.

Staff Costs
The proposed Measure E expenditure will cover any City staff costs as necessary for implementation of the project. For this project, these will generally include hiring of a project consultant, review of the consultant-provided identification, preliminary design, and environmental analysis/documentation of potential solutions along with respective cost estimates, and staff selection of one or more of the solutions to move forward for final design and construction. It will also cover overall project management and associated administrative costs.

Desired Outcomes
This proposed expenditure is designed to effectuate the following key outcomes:
 Hiring of a project consultant to provide the identification, preliminary design, and environmental analysis/documentation of potential solutions along with respective cost estimates.  Staff selection of one or more of the solutions to move forward for final design and construction.  Overall project management and associated administrative costs.

Theory of Change
Staff’s recommended action is based on the premise that if the City Council approves this project the following changes will be effectuated in the City:
45  Hiring of a project consultant to provide the identification, preliminary design, and environmental analysis/documentation of potential solutions along with respective cost estimates.  Staff selection of one or more of the solutions to move forward for final design and construction.  The traffic safety issue at the intersection will be alleviated following final design and construction.
 If the City Council does not approve this project, none of the above changes will occur in the City.

Project Budget
Total cost of the proposed expenditure is $125,000, which is proposed to be funded fully through Measure E:

Source of Funds Use of Funds Measure E Total
Identification Analysis,
Preliminary Design &
Environmental Documentation
$100,000 $100,000
Temporary Barricades $10,000 $10,000
Project Management $15,000 $15,000
Total $125,000 $125,000
Performance Metrics
The eventual effectiveness of the above-referenced work will be measured in the following ways:

1. Following identification and selection of a preferred alternative, funds will be sought for final design and construction. Following construction, the effectiveness will be measured by reduced speeding on Cummins Way and no further crashes in the intersection of Sixth Street and Cummins Way.
46 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 17, 2023 ITEM # 5
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 23-45 DELEGATING AUTHORITY TO THE CITY’S SENIOR PROGRAM MANAGER FOR REAL PROPERTY TO SET JUST

COMPENSATION FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Fred Arnold, Senior Program Manager for Real
Property
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this staff report is to provide sufficient information to the City Council for it to adopt Resolution 23-45 delegating authority to the City’s Senior Program Manager for Real Property to set “Just Compensation” for transactions involved within Capital Improvement Program (CIP) Projects.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-45 delegating authority to the City’s Senior Program Manager for Real Property to set “Just Compensation” for Capital Improvement Program (CIP) Projects.

BACKGROUND
The City of West Sacramento is a recipient of Federal, State and Local Aid, grants, loans and awards. When acquiring Right of Way/Real Estate for capital projects utilizing these grants, loans and awards, the City must comply with Federal Real Estate Regulations including the Uniform Acquisition Relocation Advisory Assistance Act, CFR 49 Part 24, and State of California Real Estate acquisition regulations and guidelines such as the Caltrans Right of Way Manual and California Housing & Community Development (HCD) guidelines. Specifically, the Uniform Acquisition Relocation Advisory Assistance Act, CFR 49 Part 24, requires the Governing Body or City Designee to set “Just Compensation”.

ANALYSIS
Because the City has several federal and state funded capital projects in the pipeline requiring right of way acquisition, staff is recommending approval of the proposed action to streamline processing of appraisals, appraisal review, appraisal certification and the setting of “Just Compensation.” As an example, going forward the City has the following Federal & State funded projects requiring right of way acquisition: I Street Bridge Replacement Project, I Street Bridge Deck Conversion Project, North River Walk Extension Project Phase 2, South Riverwalk Extension Project, Sycamore Trails Extension Project Phase III & IV, and Sidewalk & Transportation Equity Program (STEP).

In accordance with Federal Regulation, Uniform Act CFR 49, Part 24 and State of California Transportation Department regulations i.e. (Caltrans Right of Way Manual), Just Compensation must be established for each property to be acquired. Right of way consultants prepare offers to purchase properties based on established fair market value. Without the proposed delegation of authority, setting “Just Compensation” and establishing Fair Market Value (FMV) could cause each appraisal and the City to be significantly delayed, and thereby delay the processing of offers to property owners by weeks and/or months. Time delays throughout the Right of way acquisition process could also put the City at risk of penalty for existing and future grant funds that set deadlines throughout the project.

Establishing Fair Market Value and setting of Just Compensation must be performed by an experienced public real estate professional, who is familiar with and fully understanding both appraisal standards and appraisal methodologies is a requirement. Presently the City’s Senior Program Manager for Real Property /Asset meets these requirements.

Environmental Considerations
47 Setting Just Compensation Delegation
May 17, 2023

There are no environmental impacts associated with the delegation of authority to the City’s Senior Program Manager for Real Property for Setting Just Compensation. Environmental documentation for each individual project will be performed during the project development process.

Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
The Council’s primary alternatives are summarized below:

1. Approve the recommended action as stated above.

2. Make adjustments to the recommended actions or defer the action to a later date.

3. Decline to approve the recommended action.

Alternatives 2 and 3 are not recommended as it would cause significant delays to current capital projects.

Budget/Cost Impact
The action recommended in this Agenda Report does not result in any financial impact to the City by itself.

However, acquisition of rights of ways or other property rights will result in payments to property owners for individual projects in which these actions are taken. These costs will be covered by the respective individual projects.

ATTACHMENT

1. Resolution 23-45
48 Attachment 1
RESOLUTION 23-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING DELEGATION OF AUTHORITY TO THE CITY’S SENIOR PROGRAM

MANAGER FOR REAL PROPERTY TO SET JUST COMPENSATION FOR CAPITAL

IMPROVEMENT PROGRAM (CIP) PROJECTS
WHEREAS, the City of West Sacramento (City) is a General Law City, with the City Council as the Governing Body authorized by law to hypothecate Real Estate, i.e., sale, acquire, lease, rent, relocate, dispose, declare surplus/excess, etc.; and WHEREAS, the City is a recipient of federal, state and local grants, loans and awards, and thereby must comply with federal Uniform Acquisition Relocation Advisory Assistance Act, CFR 49 Part 24 and State of California Real Estate acquisition regulations and guidelines, Caltrans Right of Way Manual, California Housing and Community Development (HCD), and State of California Streets & Highway Code when acquiring Right of Way/Real Estate for Capital Projects; and
WHEREAS, the City desires to set Just Compensation on appraised values for Capital Improvement Program Projects in accordance with Federal and State Real Estate Regulations, Uniform Acquisition Relocation Advisory Assistance Act -– CFR 49 Part 24 and State of California Caltrans Manual; and
WHEREAS, the Uniform Acquisition Relocation Advisory Assistance Act, CFR 49 Part 24 states, the Governing Body may set Just Compensation or shall designate an authorized representative to set “Just Compensation.”
NOW, THEREFORE, BE IT RESOLVED that City Council of the City of West Sacramento –does hereby delegates setting of Just Compensation to the City’s Senior Program Manager for Real Property for City’s Capital Improvement Program (CIP) Projects.

PASSED AND ADOPTED by the West Sacramento City Council this 17th day of May, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
49 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 17, 2023 ITEM # 6
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 23-43 AMENDING THE CAPITAL

IMPROVEMENT PROGRAM (CIP) TO ADD A NEW PROJECT TO ADDRESS THE

PAVEMENT AND DRAINAGE CONDITIONS ALONG SUTTER STREET FROM WEST

CAPITOL AVENUE TO ITS NORTHERLY TERMINUS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [x] Staff
[ ] Other
Gary Predoehl, Capital Improvement Manager
Capital Projects Department
ATTACHMENT [x] Yes [ ] No [ ] Information [ ] Direction [x] Action

OBJECTIVE
The objective of this report is to provide sufficient information to the City Council for it to adopt Resolution 23-43 amending the Capital Improvement Program (CIP) by adding a new project to address the pavement and drainage condition along Sutter Street from West Capitol Avenue to its northerly terminus.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-43 amending the Capital Improvement Program (CIP) by adding a new project to address the pavement and drainage conditions along Sutter Street from West Capitol Avenue to its northerly terminus.

BACKGROUND
Sutter Street north of West Capitol Ave to its northerly terminus has been an issue for many years. The road dates back prior to the City’s incorporation and it is used primarily by industrial type vehicles, most frequently heavy trucks. The road was never designed or constructed for such use, and is best used by “high-clearance 4- wheel drive vehicles” because of its extremely poor pavement condition and lack of drainage facilities. This road has been near the top of the citizen and business complaint list for at least the past decade. Businesses have shied away from locating along the road because of the poor pavement and drainage conditions. The City’s Public Works Operations & Maintenance Department has attempted to fill potholes and pave some of the worst areas of the roadway, but because of the extremely poor condition of the pavement, their work has been piecemeal and not comprehensive in nature. The situation has reached the reached the point where a comprehensive solution is needed.

ANALYSIS
The Capital Projects Department is requesting that a project be formed so that a consultant can be selected and hired to explore potential solutions to address the pavement and drainage condition along Sutter Street. These may include reconstructing the road to current road and drainage design standards, reconstructing the road to something less than current standards, or potentially some other solution. The study would also include cost estimates for the potential options and an exploration of potential funding scenarios including potentially including the adjacent property owners in the project funding. This may include the formation of a CFD or a similar funding mechanism.

The cost to hire a consultant and provide related staff time to accomplish this task is estimated at $125,000.

Capital Projects will return to the Council in the future for it to approve a consultant contract after a consultant has been selected. After the consultant has provided an identification, preliminary design, and environmental analysis/documentation of potential solutions along with respective cost estimates, the Department will select one or more of the solutions to move forward for final design and construction. At that time, Capital Projects will return to the Council to seek appropriate funding to move the project forward to final design and construction.

In order to proceed with consultant selection, the Department is requesting that the City Council amend the Capital Improvement Program (CIP) by adding a new project to address the pavement and drainage conditions along Sutter Street from West Capitol Ave to its northerly terminus. The new project will be titled “Sutter Street Pavement & Drainage Rehabilitation Project.”
Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).) Environmental analysis/documentation will be performed by the Consultant 50 Sixth Street & Cummins Way CIP Amendment
May 17, 2023

for each of the potential solutions to address the pavement and drainage conditions along Sutter Street from West Capitol Ave to its northerly terminus.

Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
The Council may:
1) Approve the recommended action as stated above.
2) Approve the recommended action with modifications.
3) Council may choose to not approve the recommended action.

Alternatives 2 and 3 are not recommended. Staff believes it is important to move forward now and identify potential solutions for the pavement and drainage conditions along Sutter Street from West Capitol Ave to its northerly terminus.

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

Budget/Cost Impact
The cost to hire a consultant and provide related staff time for this project is estimated at $125,000. Staff recommends that this new project be funded with Measure E funds in the amount of $125,000.

ATTACHMENTS
1) Sutter Street Map
2) Resolution 23-43
3) Measure E Analysis
51 Attachment 1
52 Attachment 2
RESOLUTION 23-43

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

APPROVING AN AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM (CIP) TO

ADD A NEW PROJECT TO ADDRESS THE PAVEMENT AND DRAINAGE CONDITIONS

ALONG SUTTER STREET FROM WEST CAPITOL AVE TO ITS NORTHERLY TERMINUS WHEREAS, the City Council adopted the biennial Capital Improvement Program (CIP) budget for Fiscal Years 2021/22 and 2022/23 on June 16, 2021; and WHEREAS, Sutter Street from West Capitol Avenue to its northerly terminus dates back prior to the City’s incorporation and it is used primarily by industrial type vehicles, particularly heavy trucks; and
WHEREAS, Sutter Street was not designed or constructed for heavy truck use and has been an issue for many years because of its extremely poor pavement condition and lack of drainage facilities; and
WHEREAS, Sutter Street has been near the top of the citizen and business complaint list for at least the past decade and businesses have shied away from locating along the road because of the poor pavement and drainage conditions; and WHEREAS, the City’s Public Works Operations & Maintenance Department has attempted to fill potholes and pave some of the worst areas of the roadway, but because of the extremely poor condition of the pavement, their work has been piecemeal and not comprehensive in nature; and
WHEREAS, the situation has reached the reached the point where a comprehensive solution must be found; and
WHEREAS, an amendment to the Capital Improvement Program (CIP) is required to add a new project to address the pavement and drainage conditions along Sutter Street from West Capitol Avenue to its northerly terminus; and

WHEREAS, the City Council has considered all information related to this matter, as presented at any 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 Capital Improvement Program for Fiscal Year 2022/23 by adding a project titled “Sutter Street Pavement & Drainage Rehabilitation Project.” (CIP 15054)

2. The City Council hereby approves amendments to the Capital Improvement Program for Fiscal Year 2022/23 as listed below:
53 Resolution 23-43

SOURCES
$125,000 110-0000-3085 Measure E Fund Balance
$125,000 400-9900-4990/400-15054-4990 Transfer in from Measure E $125,000 TOTAL SOURCES
USES
$125,000 400-9900-5530/400-15054-5261 Sutter Street Pavement & Drainage Rehabilitation Project
$125,000 110-9530-5950 Transfer out to CIP 15054
$125,000 TOTAL USES
* Transfers are included for accounting purposes, but excluded from the total sources and uses to avoid duplication of costs.

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

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

PASSED AND ADOPTED by the West Sacramento City Council this 17th day of May, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
54 Attachment 3
Measure E Analysis for Proposed CIP-15054
Sutter Street Pavement & Drainage Rehabilitation Project Project Description
Sutter Street north of West Capitol Ave to its northerly terminus has been an issue for many years. The road dates back prior to the City’s incorporation and it is used primarily by industrial type vehicles, particularly heavy trucks. The road was not designed or constructed for such use and is best used by “high-clearance 4-wheel drive vehicles” because of its extremely poor pavement condition and lack of drainage facilities. This road has been near the top of the citizen and business complaint list for at least the past decade. Businesses have shied away from locating along the road because of the poor pavement and drainage conditions. The City’s Public Works Operations & Maintenance Department has attempted to fill potholes and pave some of the worst areas of the roadway, but because of the extremely poor condition of the pavement, their work has been piecemeal and not comprehensive in nature. The situation has reached the reached the point where a comprehensive solution is needed.

The Capital Projects Department is requesting that a project be formed so that a consultant can be selected and hired to explore potential solutions to address the pavement and drainage condition along Sutter Street. These may include reconstructing the road to current road and drainage design standards, reconstructing the road to something less than current standards, or potentially some other solution. The study would also include cost estimates for the potential options and an exploration of potential funding scenarios including potentially including the adjacent property owners in the project funding. This may include the formation of a CFD or a similar funding mechanism.

The cost to hire a consultant and provide related staff time to accomplish this task is estimated at $125,000. Capital Projects will return to the Council in the future for it to approve a consultant contract after a consultant has been selected. After the consultant has provided an identification, preliminary design, and environmental analysis/documentation of potential solutions along with respective cost estimates, the Department will select one or more of the solutions to move forward for final design and construction. At that time, Capital Projects will return to the Council to seek appropriate funding to move the project forward to final design and construction.

Policy Context
Addressing poor pavement issues is contained within the core element of Measure E, i.e., road rehabilitation. Addressing pavement and drainage rehabilitation is also consistent with providing quality municipal services, quality City infrastructure and facilities and inspiring community improvements that add value to the lives of the City’s residents. Further, pavement and drainage rehabilitation projects are consistent with General Plan Element M-3.1 “Safe and Efficient Roadways.” Supplementary Funds
Currently there are no supplementary funds matching the use of the Measure E funds.

Staff Costs
The proposed Measure E expenditure will not cover any direct City staff funding, but would include staff costs charged to the project as necessary for management and implementation of the project. For this project, these will generally include hiring of a project consultant, review of the consultant-provided identification, preliminary design, and environmental analysis/documentation of potential solutions along with respective cost estimates, and staff selection of one or more of the solutions to move forward for final design and construction. It will also cover overall project management and associated administrative costs.

Desired Outcomes
This proposed expenditure is designed to effectuate the following key outcomes:
 Hiring of a project consultant to provide the identification, preliminary design, and environmental analysis/documentation of potential solutions along with respective cost estimates.  Staff selection of one or more of the solutions to move forward for final design and construction.  Overall project management and associated administrative costs. 55 Theory of Change
Staff’s recommended action is based on the premise that if the City Council approves this project the following changes will be effectuated in the City:
 Hiring of a project consultant to provide the identification, preliminary design, and environmental analysis/documentation of potential solutions along with respective cost estimates.  Staff selection of one or more of the solutions to move forward for final design and construction.  The poor pavement & drainage issue along Sutter Street will be alleviated following final design and construction.
 If the City Council does not approve this project, none of the above changes will occur in the City.

Project Budget
Total cost of the proposed expenditure is $125,000, which is proposed to be funded fully through Measure E:

Source of Funds Use of Funds Measure E Total
Identification Analysis,
Preliminary Design &
Environmental Documentation
$100,000 $100,000
Formation of CFD $10,000 $10,000
Project Management $15,000 $15,000
Total $125,000 $125,000
Performance Metrics
The eventual effectiveness of the above-referenced work will be measured in the following ways:

1. Following identification and selection of a preferred alternative, funds will be sought for final design and construction. Following construction, the effectiveness will be measured by a roadway with good pavement and drainage and reduced complaints concerning this issue from adjacent property owners and businesses.
56 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 17, 2023 ITEM # 7
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 23-40 DELEGATING AUTHORITY TO

THE CITY MANAGER, ASSISTANT CITY MANAGER OR DIRECTOR OF CAPITAL

PROJECTS TO EXECUTE RIGHT OF WAY CERTIFICATIONS WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR CAPITAL

IMPROVEMENT PROGRAM (CIP) PROJECTS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Fred Arnold, Senior Program Manager, Real Property
Capital Projects Department
ATTACHMENT [X ] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information for it to adopt Resolution 23- 40 delegating authority to the City Manager, Assistant City Manager or Director of Capital Projects to execute right of way certifications with the California Department of Transportation (Caltrans) for Capital Improvement Program (CIP) projects.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-40 delegating authority to the City Manager, Assistant City Manager or Director of Capital Projects to execute right of way certifications with the California Department of Transportation (Caltrans) for Capital Improvement Program (CIP) projects.

BACKGROUND
The City of West Sacramento is eligible to receive Federal and/or State funding for certain capital improvement projects as administered through Caltrans. In order to program and receive such Federal and/or State funding, Caltrans requires that Right of Way Certifications be executed with Caltrans. Right of Way Certifications are threshold documents certifying requisite steps have been met in the project evolution, certifying the project has met environmental clearance, that all utilities have been relocated and all real property rights have been secured allowing the project to move forward with construction and thereby avoiding project construction delays or incurring construction delay claims from contractors.

While undergoing Right of Way Certification approval for one of the CIP projects, Caltrans requested that the City’s current Resolution granting authority to the City Manager, Assistant City Manager or Director of Capital Projects to sign Right of Way Certifications be made current. The existing Resolution was approved circa 2003.

ANALYSIS
Because the City has several federally funded Capital Projects in the pipeline with agreements with Caltrans requiring right of way certification, staff is recommending approval of the proposed action to streamline processing of future Right of Way Certifications between the City and Caltrans. Prior to initiating construction on federally and state funded capital projects, the City must be given authorization to construct by the Federal Highway Administration (FHWA) and Caltrans. In order to obtain such authorization, the City must have a resolution set in place authorizing the City’s signatory to sign Right of Way Certifications.

Without the proposed delegation of authority, each federally and state funded project would require independent City Council action to get authorization for the City Manager to sign Right of Way Certifications. Individual project Right of Way Certification approval by City Council would delay authorization from Caltrans to construct by weeks or months.

Environmental Considerations
There are no environmental impacts with delegating authority to the City Manager, Assistant City Manager or Director of Capital Projects to sign Right of Way Certifications with the California Department of Transportation.

Commission Recommendation
N/A
Strategic Plan Integration
N/A
57 Right of Way Certification Delegation
May 17, 2023

Alternatives
The Council’s primary alternatives are summarized below:

1. Approve the recommended action as stated above.

2. Make adjustments to the recommended action or defer the action to a later date.

3. Decline to approve the recommended action.

Alternatives 2 and 3 are not recommended as these actions will further delay construction on Capital Improvement Projects.

Budget
N/A

ATTACHMENT

1. Resolution 23-40
58 Attachment 1
RESOLUTION NO. 23-40

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

AUTHORIZING THE CITY MANAGER, ASSISTANT CITY MANAGER OR DIRECTOR OF

CAPITAL PROJECTS TO EXECUTE RIGHT OF WAY CERTIFICATIONS WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR CAPITAL IMPROVEMENT

PROJECTS (CIP)
WHEREAS, the City of West Sacramento is eligible to receive Federal and/or State funding for certain transportation projects, through the California Department of Transportation (Caltrans); and
WHEREAS, Right of Way Certifications need to be executed with the California Department of Transportation before such funds can be claimed; and WHEREAS, Right of Way Certifications need to be executed with the California Department of Transportation certifying projects subject to right of way certification have met CEQA and NEPA environmental standards, utilities have been cleared or arrangements have been made, real property rights has been secured to allow construction to proceed; and
WHEREAS, the City of West Sacramento wishes to delegate authorization to execute Right of Way Certifications and that the City Manager, Assistant City Manager or Director of Capital Projects be authorized to execute Right of Way Certifications with the California Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Sacramento authorizes the City Manager, Assistant City Manager or Director of Capital Projects to execute Right of Way Certifications with the California Department of Transportation on behalf of the City.

PASSED AND ADOPTED, by the City Council of the City of West Sacramento on this 17th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, Senior Deputy City Clerk
59 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 17, 2023 ITEM # 8
SUBJECT:

CONSIDERATION OF AWARD OF A CONSTRUCTION CONTRACT TO PRO-BUILDERS FOR THE FIRE STATION 45 TENANT IMPROVEMENTS PROJECT (CIP 51278) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Christopher Dority, Project Manager I
Capital Projects Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to award a Construction Contract to Pro-Builders for the Fire Station 45 Tenant Improvements Project (CIP 51278)

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the proposed Fire Station 45 Tenant Improvements project is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, 15303, and 15304, and find that the determination represents the independent judgment of the City;
2) Approve and authorize the City Manager, or his designee, to execute a Construction Contract with ProBuilders for the Fire Station 45 Tenant Improvements Project as the lowest responsible bidder in the amount of $288,750; and
3) Delegate authority to the City Manager or his designee, to execute changes or modifications to the up to 10% of the contract amount, not to exceed $28,875.

BACKGROUND
Fire Station 45 facility is located at 2040 Lake Washington Boulevard and was constructed in 2006 and serves as the Fire Administration Division for the City. The Administration Division houses all Fire Administrative Staff, including all Chiefs that oversee and manage the Fire Departments daily operations. Personnel, training, buildings, and grounds, purchasing, fiscal management, administrative support, clerical support, records management, research, and data collection are provided to the Fire Department by the Administration Division.

Capital Projects staff has worked with Fire Personnel to address all areas of concern in the administrative staff work area. Over the years the facility has shown significant signs of wear and tear including dated carpet past the useful life and heavily worn-out workstations. The repairs are to include drywall and crack repairs, new paint, new carpet, and new workstations/furniture.

ANALYSIS
An Invitation to Bid (ITB) was advertised in the local newspaper, the City’s website through OpenGov.com, and routed through the Chamber of Commerce on March 15, 2023. Staff conducted a mandatory bid walk at Fire Station 45 and all proposals were due April 12, 2023. At the close of the advertising period, City Staff received three (3) proposals. After examining the contractor’s licenses, work experience, qualifications and proposals submitted in each completed bid package, staff determined that Pro-Builders is the lowest responsive and responsible bidder. Staff recommends awarding the Construction Contract with a total bid of $288,750 to ProBuilders.

Bid Tabulation
JPB Designs Inc $295,000
Pro-Ex Construction $349,500
Pro-Builders Swierstok Enterprise $288,750
60 Fire Station 45 Tenant Improvement Project
5/17/2023

Environmental Considerations
The proposed project for the Fire Station 45 Tenant Improvements is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, 15303, and 15304 (existing facilities). This project includes minor alterations and upgrades to the existing Fire Station 45.

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

Alternatives
The Council’s primary alternatives include:
1) Approve the recommended actions as stated above.
2) Modify the recommended actions.
3) Delay the recommended actions or reject all bids and cancel the project.

Alternatives 2 and 3 are not recommended as the Fire Station 45 Tenant Improvements are needed as soon as possible to support working conditions and effectiveness for Fire Department staff. Project delays could result in increased costs to the Fire Station 45 Tenant Improvements Project.

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

Budget/Cost Impact
This project is currently included in the Capital Improvement Program with an appropriation of $500,000 approved by the City Council as part of the City’s mid-term budget process for FY 2022/2023. Sufficient funds are available in the project budget for the recommended actions and no additional budget appropriations are required or requested at this time.

ATTACHMENT(S)
1) Construction Contract with Pro-Builders
2) Notice of Exemption
61 Attachment 1

CITY OF WEST SACRAMENTO

CAPITAL PROJECTS

DEPARTMENT

YOLO COUNTY CALIFORNIA

CONTRACT DOCUMENTS
FOR
PROJECT: CIP #51278
CITY WORK ORDER NUMBER: 51278
Sealed proposals will be received and submitted electronically through the City’s OpenGov eProcurement system at https://procurement.opengov.com/portal/cityofwestsacramento until 2:00 p.m. local time on Wednesday, April 12, 2023.
62 Attachment 1

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The Special Provisions were prepared under the responsible charge of the following persons:

CIVIL
NAME, Certified Civil Engineer
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CITY OF WEST SACRAMENTO

CONTRACT DOCUMENTS

TABLE OF CONTENTS
PART 1 BIDDING REQUIREMENTS ........................................................................................1-1 INVITATION TO BID ...........................................................................................................1-3 PART 2 FEDERAL-AID CONTRACT........................................................................................2-1

2. BID OPENING .............................................................................................................2-3

3. BID RIGGING ..............................................................................................................2-3

4. CONTRACT AWARD ..................................................................................................2-3

5. CONTRACTOR LICENSE ...........................................................................................2-3

6. CHANGED CONDITIONS ...........................................................................................2-3

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES...2-4

8. BUY AMERICA ............................................................................................................2-4

9. QUALITY ASSURANCE ..............................................................................................2-4

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS ................2-5

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS......................................................................................................................2-6

12. FEMALE AND MINORITY GOALS ........................................................................2-19

13. TITLE VI ASSURANCES .......................................................................................2-20

14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) ......2-21

15. FEDERAL TRAINEE PROGRAM ..........................................................................2-21 PART 3 BID DOCUMENTS .......................................................................................................3-1 INSTRUCTIONS TO BIDDERS ..........................................................................................3-3 BIDDER’S CHECKLIST ....................................................................................................3-13 BID PROPOSAL ...............................................................................................................3-19 BID SCHEDULE................................................................................................................3-21 SCHEDULE OF MEASUREMENT AND PAYMENT.........................................................3-29 BID SECURITY .................................................................................................................3-41 NON-COLLUSION DECLARATION..................................................................................3-43 EXPERIENCE & QUALIFICATIONS.................................................................................3-45 PART 4 CONTRACT DOCUMENTS .........................................................................................4-1 CONSTRUCTION CONTRACT ..........................................................................................4-3 PERFORMANCE BOND.....................................................................................................4-7 PAYMENT BOND ...............................................................................................................4-9 CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION............4-11 PART 5 GENERAL CONDITIONS ............................................................................................5-1 SECTION 1 DEFINITIONS AND TERMS ...........................................................................5-3 SECTION 2 SCOPE OF WORK .........................................................................................5-9 SECTION 3 CONTROL OF WORK ..................................................................................5-21 SECTION 4 CONTROL OF MATERIALS .........................................................................5-33 SECTION 5 LEGAL RELATIONS AND RESPONSIBILITY..............................................5-37 SECTION 6 PROGRESS AND COMPLETION OF WORK ..............................................5-55 SECTION 7 MEASUREMENT AND PAYMENT ...............................................................5-65 PART 6 SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS) ......................................6-1 SECTION 1 DEFINITIONS & TERMS ................................................................................6-5 SECTION 2 SCOPE OF WORK .........................................................................................6-7 SECTION 3 CONTROL OF WORK ..................................................................................6-15 SECTION 4 CONTROL OF MATERIALS .........................................................................6-17 SECTION 5 LEGAL RELATIONS AND RESPONSIBILITY..............................................6-19 66 Attachment 1

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SECTION 6 PROGRESS AND COMPLETION OF WORK ..............................................6-31 SECTION 7 MEASUREMENT AND PAYMENT ...............................................................6-33 PART 7 TECHNICAL SPECIFICATIONS .................................................................................7-1 SECTION 3 EARTHWORK.................................................................................................7-3 SECTION 5 ENGINEERING FABRICS ..............................................................................7-7 SECTION 7 AGGREGATE BASE.......................................................................................7-9 SECTION 8 HOT MIX ASPHALT......................................................................................7-11 SECTION 10 ADJUSTMENT OF CASTINGS...................................................................7-15 SECTION 11 CONCRETE CURB, GUTTER, SIDEWALK AND DRIVEWAYS ................7-17 SECTION 12 EXCAVATIONS...........................................................................................7-21 SECTION 13 STORM DRAINAGE ...................................................................................7-29 SECTION 15 WATER DISTRIBUTION.............................................................................7-33 SECTION 16 LANDSCAPING ..........................................................................................7-45 SECTION 17 IRRIGATION SYSYTEM .............................................................................7-55 SECTION 20 TRAFFIC SIGNING, STRIPING AND PAVEMENT MARKINGS ................7-69 SECTION 22 DEWATERING............................................................................................7-73 SECTION 23 CRASH CUSHION ......................................................................................7-77 SECTION 24 VEGETATION CONTROL ..........................................................................7-79 SECTION 25 LANE CLOSURE ........................................................................................7-83 SECTION 26 JOINT TRENCH..........................................................................................7-89 SECTION 27 CONCRETE STRUCTURES ......................................................................7-91 SECTION 28 CONCRETE PAVEMENT ...........................................................................7-93 SECTION 29 RELOCATE UTILITY VAULT......................................................................7-95 SECTION 30 DRAINAGE INLET FILTER.........................................................................7-97 PART 8 APPENDIX (BOUND SEPARATELY) .........................................................................8-1 PART 9 CONTRACT DRAWINGS (BOUND SEPARATELY) ..................................................9-1 67 Attachment 1
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PART 1 BIDDING REQUIREMENTS
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INVITATION TO BID
Sealed proposals will be received and submitted electronically through the City’s ProcureNow system at https://procurement.opengov.com/portal/cityofwestsacramento until 2:00 p.m. local time on Wednesday, April 12, 2023, at which time and place results will be posted and available for public review for the:

FIRE STATION 45 IMPROVEMENTS
The proposed work consists of City street construction and modification, traffic signal modifications, street light construction, underground joint trench utility and drainage system construction, Caltrans freeway ramp modifications, pavement marking and striping, roadway signage, and other ancillary work.

The Contractor shall provide labor, materials, tools, equipment, and incidentals, and shall perform all work necessary to deliver a completed, workmanlike project ready for safe public use and economical maintenance by City forces.

Engineer’s Estimate: The Engineer’s Estimate for the proposed improvements is $200,000.

The Disadvantaged Business Enterprise (DBE) contract goal is 18 percent.

Pre-Bid Meeting: A onsite at 2040 Lake Washington Blvd, West Sacramento Pre-bid meeting will be held on Tuesday, March 21st, 2023 at 9:00 a.m. This is a mandatory pre-bid walk.

1. Completion of Work: All work shall be completed within Ninety (90) working days from the date designated on the Notice to Proceed.

2. Obtaining Contract Documents: Contract documents and plans are available for downloading free of charge through the City’s ProcureNow link at https://procurement.opengov.com/portal/cityofwestsacramento.

3. Questions: Project-specific questions must be submitted through the City’s ProcureNow link at https://secure.procurenow.com/portal/cityofwestsacramento. If appropriate, the City will post responses to Bidder questions through the ProcureNow system. The cutoff date for submittal of questions is Tuesday, March 28, 2023 at 2:00 p.m. local time.

4. Submission of Proposals: Sealed proposals will be received and submitted electronically through the City’s ProcureNow system at
https://procurement.opengov.com/portal/cityofwestsacramento until 2:00 p.m. local time on Wednesday, April 12, 2023,, at which time and place results will be posted and available for public review for the:

Each Bid must conform and be responsive to this notice and shall be submitted through the City’s ProcureNow system at
https://procurement.opengov.com/portal/cityofwestsacramento.

5. Bid Security: Each proposal must be accompanied by a Bid Security in the form of a cashier’s check, certified check, or Bid bond executed on the prescribed form, in an amount not less than ten percent (10%) of the total Bid price payable to the City of West Sacramento.
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Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of this Contract to ensure performance.

6. Construction License: Bidder must possess a current Class “A” General Engineering issued by the State of California at the time the bid is submitted.

7. Contractor Registration: All Bidders, and Subcontractors subject to Public Contract Code section 4104, must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid. Furthermore, a Contractor, and all Subcontractors subject to Public Contract Code section 4104, must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

8. Preconstruction Conference: 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.

9. Award: The award shall be made to the lowest responsible Bidder whose proposal complies with the specified requirements. The award of the Contract will be made by the West Sacramento City Council, and the Contractor shall execute the Contract within ten (10) days after it has received the Contract from the City. The City reserves the right to waive any irregularity in the proposals. No Bid may be withdrawn for a period of sixty (60) days after the opening of bids.

10. Rejection of Bids: The City reserves the right to reject any and all bids, or to waive immaterial irregularities in any bid. Any Bid not conforming to the intent and purpose of the Contract Documents may be rejected. The City reserves the right to make all awards in the best interest of the City.

11. Disqualification of Bidder: If there is a reason to believe that collusion exists among any Bidders, none of the bids of the participants in such collusion will be considered and the City may likewise elect to reject all bids received.

12. Relief of Bidder: Attention is directed to the provisions of Public Contracts Code section 5101 and the following, concerning relief of Bidders and in particular to the requirements therein that if the Bidder claims a mistake was made in its bid, the Bidder shall give the City written notice, within five (5) days after the opening of bids of the alleged mistake, specifying in the notice, in detail, how the mistake occurred.

13. Wage Rates: Bidders are hereby notified that the California Department of Industrial Relations has determined the general prevailing rate of wages for each craft, classification, or type of worker needed to execute the work. 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.

It shall be mandatory for the Contractor and any Subcontractor under it to pay not less than the said specified rates to laborers and workmen employed by them in the execution of the Contract.
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14. Bonds: The successful Bidder will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price.

By: Christopher Dority
NAME, Project Manager
Date: 3/8/2023
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PART 2 FEDERAL-AID CONTRACT
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1. BID OPENING
The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

2. BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071.

The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

3. CONTRACT AWARD
If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

4. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).

5. CHANGED CONDITIONS
a. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) b. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
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4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
c. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
 When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
 When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

6. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of Two Hundred Fifty (250) WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City/County the sum of $6,800 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

7. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used.

Production includes:

1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;

2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.

8. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP. 77 Attachment 1
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9. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it 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 paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

10. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A -EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN

DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) 78 Attachment 1
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FEDERAL CONTRACT PROVISIONS
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit shall control. ☒TERMINATION FOR CAUSE (in addition to standard Termination language) Criteria: All Contracts over $10k

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

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

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

4. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract. ☒ EQUAL EMPLOYMENT OPPORTUNITY 41 CFR Part 60-1.4b
Criteria: Construction or repair work. Select either Government Contracts or Federally Assisted Construction Contracts.

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

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will take affirmative action to ensure that applicants are employed, and that 93 Federal-Aid Contract
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employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

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

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

4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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

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

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

8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
☒ Criteria: Federally assisted construction contracts
Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the 94 Federal-Aid Contract
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credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

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

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.

Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. ☒ DAVIS-BACON ACT (40 U.S.C. §§ 3141-3144 and 3146-3148) Criteria: Construction or repair work (not applicable to FEMA)

1. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
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2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

3. Additionally, contractors are required to pay wages not less than once a week. ☒ COPELAND ANTI-KICKBACK ACT
Criteria: Construction or Repair Work >$2k (not applicable to FEMA)

1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

2. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment
☒ CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Criteria: Construction or Repair contracts >$100k involving employment of Mechanics or Laborers (does not apply to purchase or service contracts)

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section.

3. Withholding for unpaid wages and liquidated damages. The City of West Sacramento shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
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☐ Rights to Inventions Made Under a Contract or Agreement.

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

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

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

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

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

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

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

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

6. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower 98 Federal-Aid Contract
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tier covered transaction it enters into.

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

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

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

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Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines."

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

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

3. Meeting contract performance requirements; or

4. At a reasonable price.
a. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. ☒ Prohibition on certain telecommunications and video surveillance services or equipment.

Criteria: Contracts related to telecommunications or video surveillance or equipment (K) §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471."
☒ Domestic preferences for procurements
Criteria: All contracts over $10k where work involves the use of materials (L) §200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 100
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(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber." 101
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11. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

Economic
Area
Goal
(Percent)
174
Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 San Francisco-Oakland-San Jose, CA:

SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
176 CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito

28.9 25.6

19.6 14.9

9.1 17.1

23.2 177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
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2840 Fresno, CA 26.1
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CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

23.6 Los Angeles, CA:

SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo

11.9 28.3

21.5 19.0

19.7 24.6
San Diego, CA:

SMSA Counties
181 7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial

16.9 18.2
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

12. TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, 104
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CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6)in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

13. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR agrees1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-oflading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor billsof-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

14. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is five (5).

This section applies if a number of trainees or apprentices is specified in the special provisions.

As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.

The prime contractor has primary responsibility for meeting this training requirement.

If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
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Before starting work, the prime contractor shall submit to the City/County of West Sacramento:

1. Number of apprentices or trainees to be trained for each classification

2. Training program to be used

3. Training starting date for each classification
The prime contractor shall obtain the City/County of West Sacramento approval for this submitted information before the prime contractor starts work. The City/County of West Sacramento credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeyman status. The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.

The prime contractor shall not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.

In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of West Sacramento and FHWA approves a program if one of the following is met:

1. It is calculated to:
 Meet the your equal employment opportunity responsibilities  Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.

The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarialtype positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City/County of West Sacramento reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period

3. If the prime contractor complies with this section.
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Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training
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PART 3 BID DOCUMENTS
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INSTRUCTIONS TO BIDDERS

1. Introduction
Each Bid shall be in accordance with the Contract Documents.

2. Plans
Additional copies of full scale plans may be obtained as specified in the Invitation to Bid.

3. Local Conditions
(a) The quantities of work or material stated in the unit price items of the Bidding Schedule are given only as a basis for the comparison of Bids, and the City does not represent or warrant that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the quantity of any unit price item of the work as may be deemed necessary or expedient by the Engineer.
(b) The Bidder shall examine carefully the site of the work contemplated and the Contract Documents. The submission of a proposal shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the Contract Documents.
(c) Where the Engineer has made investigations of surface and subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, such investigations were made only for the purpose of study and design. Where such investigations have been made, bidders or Contractor may, upon written request, inspect the records of the Engineer as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the Engineer.
(d) The records of such investigations are not a part of the Contract and are made available for inspection solely for the convenience of the Bidder or Contractor. It is expressly understood and agreed by Bidder or Contractor that neither the City nor the Engineer assumes any responsibility whatsoever with respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretation set forth therein or made by the Engineer in his use thereof and there is no representation, warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records thereof are correct or representative of those existing throughout such areas or any part thereof, or that unanticipated developments may not occur or that materials other than, or in proportions different from, those indicated may not be encountered.
(e) The availability or use of information described in this section or the special conditions is not to be construed in any way as a waiver of the provisions of this section and a Bidder or Contractor is cautioned to make such an investigation and examination as it deems necessary to satisfy itself as to conditions to be encountered in the performance of the work and, with respect to possible local material sources, the quality and quantity of material available from such property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the Specifications.
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(f) No information derived from such inspection of records of investigations or compilations thereof made by the Engineer or the Engineer’s assistants, will in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract. (g) Information derived from inspection of topographic maps, or from Plans showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract.
(h) Each Bidder shall inform itself of, and the Bidder awarded a Contract shall comply with, federal, state and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning employment of labor, protection of public and employee safety and health, protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects.

4. Form of Bid and Signature
(a) Bids shall be submitted only on the forms attached hereto and shall be enclosed in a sealed envelope and marked and addressed as hereinafter directed. The Bidder shall state in figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies or machinery, and perform the work required by the Specifications.

Bid prices will be deemed to include all applicable fees and taxes including sales tax. If the Bid is made by an individual, it shall be signed by the individual and the individual’s full name and address shall be given; if it is made by a partnership, it shall be signed with the co-partnership name by a member of the partnership, who shall also sign the member’s own name, and the name and address of each member of such partnership shall be given; and, if it is made by a corporation, the name of the corporation shall be given and it shall be signed by its duly authorized officer or officers attested by the corporate seal, the name and titles of all officers of the corporation shall be given, and the address of the corporation and the state in which incorporated shall be stated.
(b) Bids will be considered only from persons or entities licensed as required under applicable provisions of the Contractor’s License Law (Cal. Bus. and Prof. Code section 7000, et seq.) and rules and regulations adopted pursuant thereto; and each Bidder shall insert its type of Contractor ‘s license, license number, and other requested information in the place provided in the bid. No oral, telephonic or facsimile Bid or modification of a Bid will be considered. (c) Effective March 1, 2014, all bidders must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid.

Furthermore, effective April 1, 2015, a Contractor must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

5. Submittal of Bids
(a) All Bids must be submitted not later than the time prescribed, at the place and in the manner set forth in the Invitation to Bid. Bids must be submitted electronically through the City’s ProcureNow system at https://secure.procurenow.com/portal/cityofwestsacramento. The Bidder is wholly responsible to see that its Bid is submitted at the time and place named for the opening of bids.
(b) Bids shall include all Addenda or clarifications issued during the bidding period acknowledged by the bidder’s signature thereon. Failure to so include or acknowledge an addendum or clarification may result in the Bid being rejected as not responsive. 111
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(c) Bids shall be opened at the time and place specified in the Invitation to Bid, unless changed by addendum.
(d) Bid documents to be submitted shall include the following:
(1) Completed Bid Schedule
(2) Proposal Signature Sheet
(3) Bid Security (if a Bid bond, to be accompanied by power of attorney, both executed and notarized)
(4) Non-Collusion Declaration
(5) Experience & Qualification Form
(6) Completed Subcontractor List
(7) Bidder’s Checklist
(8) If a Federal-Aid project, all required DBE documentation and anti-lobbying documentation.

6. Preparation of Bid
Blank spaces in the Bid shall be properly completed. The phraseology of the Bid must not be changed and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations or provisions attached to a Bid will render it informal and may cause its rejection. If erasures, interlineations or other changes appear on the form, each erasure, interlineation or change must be initialed by the person signing the Bid. Alternative bids will not be considered unless specifically provided for in the Bidding Schedule. No Bid received after the time fixed, or received at any place other than the place stated in the Invitation to Bid will be considered. All bids will be opened and read publicly. Bidders, their representatives and other interested parties are invited to be present at the opening. Where bonds are required, the Bidder shall name in its Bid the surety or sureties who have agreed to furnish said bonds.

7. Bid Security
(a) All Bids shall be accompanied by a Bid Security. Such Bid Security shall include cash, cashier’s or certified check made payable to the City or a Bid Bond executed by an admitted surety insurer. The Bid Security must be enclosed in the same envelope with the Bid. The amount of the Bid Security shall be not less than ten percent (10%) of the total amount of the Bid. (b) The Attorney-in-Fact (resident agent) who executes the Bid Bond on behalf of the surety company must attach a copy of its Power of Attorney as evidence of its authority. A notary shall acknowledge the power as of the date of execution of the surety bond which it covers. (c) Bid Bonds must be provided on the Bid Bond form furnished by the City. The Bid Bond must be furnished by a company, acceptable to the City, that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer” and that maintains at least one office in California for conducting business.
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8. List of Subcontractors
(a) Each Bidder shall set forth in its Bid on the form provided the following information in accordance with the provisions of Public Contract Code sections 4100-4113:
(1) The name, Contractor ‘s license number, public works Contractor registration number and the location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specifically fabricates and installs a portion of the work or improvement according to the Contract Documents, in any amount in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid, or ten thousand dollars ($10,000.00), whichever is greater.
(2) The portion of the work which will be done by each such Subcontractor. Only one Subcontractor shall be listed for each such portion of the work as defined in the Bid. (3) The Bidder is considered the Prime Contractor and shall perform at least fifty-one percent (51%) of the work, as determined by a percentage of the value of the work. (b) If the Bidder fails to specify a Subcontractor for any portion of the work to be performed under the Contract, the Bidder agrees to perform that portion of the work itself.

9. Interpretation of Contract Documents
Any explanation desired by the bidders regarding the meaning or interpretation of any of the Contract Documents must be submitted in writing at least five (5) calendar days prior to the Bid opening. Requests for clarification received after the above noted deadline may be answered at the discretion of the Engineer or Project Manager. Any such explanations or interpretations will be made in the form of Addenda to the documents and will be furnished to all bidders who shall submit all Addenda with their Bids. Neither the Engineer nor any representative of the City is authorized to give oral explanations or interpretations of Contract Documents, and a submission of a Bid constitutes agreement by the Bidder that it has placed no reliance on any such oral explanation or interpretation.

However, the Engineer may, upon inquiry by bidder, orally direct the bidder’s attention to specific provisions of the Contract Documents which cover the subject of the inquiry.

Requests for Clarifications during the Bid period shall submitted electronically through the City’s ProcureNow system at https://secure.procurenow.com/portal/cityofwestsacramento

10. Modification of Bids
A Bidder may modify its Bid by written communication provided such communication is received by the City prior to the closing time for receipt of Bids. The written communication should not reveal the Bid price but should state the addition or subtraction or other modification so that the final prices or terms will not be known by the City until the sealed Bid is opened.

11. Withdrawals of Bids
Bids may be withdrawn without prejudice by written or facsimile requests received from Bidder prior to the time for opening of Bids, and Bids so withdrawn will be returned to bidders unopened when reached in the process of opening Bids. No Bid may be withdrawn after the hour affixed for opening Bids without rendering the accompanying Bid Security subject to retention as liquidated damages in like manner as in the case of failure to execute the Contract after award, as in the Contract 113
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Documents herein provided. Negligence on the part of the Bidder preparing its Bid shall not constitute a right to withdraw the Bid subsequent to the opening of Proposals.

12. Discrepancies
In the case of discrepancy between unit prices and totals, unit prices will prevail and the City will recalculate the Bid total based on the unit prices and estimated quantities. In case of discrepancy between words and figures, words will prevail.

13. Servicing and Maintenance
Each Bidder must, if requested, furnish evidence that there is an efficient service organization which regularly carries a stock of repair parts for the proposed equipment to be furnished and installed in the work and that the organization is conveniently located for prompt service.

14. Disqualification of Bidders
(a) More than one Bid from an individual, firm, partnership or corporation under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership or corporation is interested in more than one Bid for the work contemplated may cause the rejection of all Bids in which the individual, firm, partnership or corporation is interested. If there is reason for believing that collusion exists among the bidders, any or all Bids may be rejected. Bids in which the price is obviously unbalanced may be rejected. (b) All bidders are put on notice that any collusive agreement fixing the prices to be Bid so as to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the Public Contract Code and may render void any Contract let under such circumstances.

15. Opening & Award of Contract
Bids will be opened publicly and read aloud at the time and date established in the invitation to Bidders. Bid Summaries may be made available to Bidders after the Bid Date. (a) The City reserves the right to accept or reject any and all Bids for a period of sixty (60) days after the date of opening, and to waive any informality or irregularity in any Bid. No Bid can be withdrawn during that period, except pursuant to Public Contract Code section 5102, et seq. (b) The City reserves the right to reject any or all Bids, including, without limitation, the right to reject any non-conforming, non-responsive, unbalanced, or conditional bids. (c) Before a Bid is considered for award, the City may, in addition to the Experience & Qualifications form included in the Bid documents, require a Bidder to submit a statement of facts and detail as to its business, technical organization and financial resources and equipment available and to be used in performing the work. Additionally, the City may require evidence that the Bidder has performed other work of comparable magnitude and type. The City expressly reserves the right to reject any Bid if it determines that the business and technical organization, equipment, financial and other resources or other experience of the Bidder (including the bidder’s Subcontractors) is not sufficiently qualified for the work Bid upon and, therefore, justifies such rejection.
(d) The award of the Contract, if it is awarded, will be to the lowest responsive responsible Bidder whose Bid complies with the requirements set forth herein. 114
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(e) The issuance by the City of a notice to the successful Bidder of the award of the Contract (“Notice of Award”) shall be deemed the Award of Contract.

16. Bid Protests
The lack of a prompt procedure to resolve disputes regarding the bidding process would impair the City’s ability to carry out its purpose of constructing this project in a timely manner. Therefore, to the maximum extent authorized by law and notwithstanding any other procedures specified in documents referenced herein, all disputes and/or protests regarding the bidding process shall be subject to the following procedure. In submitting a Bid to the City for this project, the Bidder agrees to comply with and to be bound by this procedure.

Any Bid protest must be submitted in writing to the Director of Capital Projects Department of the City of West Sacramento before 5:00 p.m. on the fifth (5th) working day following Bid opening. (a) The initial protest document must contain a complete statement of the basis for the protest, and all supporting documentation.
(b) The party filing the protest must have actually submitted a Bid for the Work. A Subcontractor of a party submitting a Bid for the Work may not submit a Bid protest. A party may not rely on the Bid protest submitted by another Bidder, but must timely pursue its own protest. (c) The protest must refer to the specific portion of the Contract Documents which forms the basis for the protest.
(d) The protest must include the name, address and telephone number of the person representing the protesting party.
(e) The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
(f) The City will give the protested Bidder five (5) working days after the receipt of the protest to submit a written response. The responding Bidder shall transmit the response to the protesting Bidder concurrent with delivery to the City.
(g) The procedure and time limits set forth in this paragraph are mandatory and are the Bidder’s sole and exclusive remedy in the event of Bid protest. The Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.
(h) If the City determines that a protest is frivolous, the protesting Bidder may be determined to be non-responsible and that Bidder may be determined to be ineligible for future contract awards. 115
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17. Contract Bonds
(a) The successful Bidder shall furnish both a Performance Bond and a Payment Bond in the amount of one hundred percent (100%) of its Total Bid Price. (b) These Bonds shall be furnished in the forms enclosed following the Contract and shall be satisfactory to the City and shall be obtained from a responsible corporate surety (or sureties) acceptable to the City, which is admitted by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety (or sureties) shall furnish reports as to its financial condition from time to time as requested by the City. The premiums for said Bonds shall be paid by the successful bidder.
(c) These Bonds shall be furnished by companies who are authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.” The surety shall provide the City with the documentation required by Section 995.660 of the California Code of Civil Procedure. (d) If any surety becomes unacceptable to the City or fails to furnish reports as to its financial condition as requested by the City, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the City and of persons supplying labor or materials in the prosecution of the work contemplated by this Contract. (e) In the event of any conflict between the terms of the Contract and the terms of the Bonds, the terms of the Contract shall control and the Bonds shall be deemed to be amended thereby.

Without limiting the foregoing, the City shall be entitled to exercise all rights granted to it by the Contract in the event of default, without control thereof by the surety, provided that the City gives the surety notice of such default at the time or before the exercise of any such right by the City, and, regardless of the terms of said Bonds, the exercise of any such right by the City shall in no manner affect the liability of the surety under said Bonds.

18. Substitution of Securities for Monies Withheld
Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of the Contract to insure performance.

19. Execution of Contract
The successful Bidder will be notified in writing by the City of the award of the Contract within sixty (60) days after opening of Bids. Accompanying the City’s Notice of Award will be the Contract, in triplicate, which the successful Bidder will be required to execute and return, together with the Performance Bond and Payment Bond, and the required certificates and policies of insurance together with the required endorsements thereto for the Contractor and the workers compensation certificate to the City within ten (10) days following receipt of such Notice of Award. Failure to do so shall be just cause for annulment of the award and for forfeiture of the Bid Security which shall be retained as liquidated damages, and it is agreed that the bond sum is a fair estimate of the amount of damages that the City will sustain by reason of such failure. The City will promptly determine whether such Contract, Bonds and insurance are as required by the Contract Documents, and upon such determination will forward a fully executed copy of the Contract and a Notice to Proceed with the work to the successful bidder. Signature by both parties constitutes execution of the Contract. In the event of failure of the lowest responsible Bidder to sign and return the Contract with acceptable Bonds and insurance as prescribed herein, the City may award the Contract to the next lowest responsible bidder, and, in the event that Bidder fails to sign and return the Contract with acceptable 116
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Bonds and insurance, the City may award the Contract to the then next lowest responsible bidder, etc.

20. Return of Bid Securities
All Bid Securities will be held until the Contract has been finally executed, after which all Bid Securities, other than any Securities which have been forfeited, will be returned to the respective bidders.

21. Power of Attorney
The Attorney-in-Fact (resident agent) who executes the Performance Bond and Payment Bond on behalf of the surety company must attach a copy of its Power of Attorney as evidence of its authority.

A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers.

22. Time of Completion
The time of completion of the work to be performed under this Contract is the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions of the General Conditions. The time allowed for the completion of the work is stated in the Contract.

23. Licensing and Registration Requirements for Contractors All bidders, including general contractors and specialty contractors, shall hold such licenses as may be required by the laws of the State of California for the performance of the work specified in the Contract Documents.

All bidders, and Subcontractors subject to Public Contract Code section 4104, must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid. Furthermore, a Contractor, and all Subcontractors subject to Public Contract Code section 4104, must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

24. Escrow of Bid Documents
Upon award of the job to the successful bidder, and at the time of execution of this Contract, Contractor shall present all documentation used by the successful Bidder in arriving at the Bid upon which the Contract was awarded (“Bid Documentation”) to the Engineer’s office. Such documentation shall be presented in a sealed envelope or box. Notice to Proceed will not be granted until City receives notice that such documentation has been received. This Bid Documentation shall include, but not be limited to any documents, pictures, or writings which relate to, arise out of, or constitute in any way notes, memoranda, phone logs, Subcontractor and materialmen estimates, computations, or the like used by, complied by, or drafted by the successful Bidder or its agents in arriving at its Bid for the Project. The City Engineer and Project Manager may consult the Bid Documents as needed during the course of the Project and in connection with the resolution of all such disputes. After Project Completion and payment and the resolution of such disputes, the Bid Documents will be returned to the Contractor.

Escrow documents are expected to include cost breakdown of each component of complete assembly. Payment and compensation will be based on field reports of each item replaced and match values from escrow documents. Miscellaneous parts not listed in bid schedule or technical specifications and are necessary for assembly shall be included in bid price and shall be considered incidental to work.
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25. Prevailing Wages
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. Copies of the prevailing rate of per diem wages may also be obtained from the Department of Industrial Relations, P.O. Box 420603, San Francisco, CA 94142-0603, Attn: Chief, Division of Labor Statistics and Research or online at:
http://www.dir.ca.gov/oprl/dprewagedetermination.htm.

26. Preconstruction Conference
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.

27. Defined Terms
The defined terms in the Construction Documents have the same meaning as those set forth in the General Conditions, Article 1.03.

28. Order of Work
The Contractor shall follow the sequence of operations as set forth therein.

Order of Work shall conform to the provisions of Section 5-1.05 "Order of Work" of the State Standard Specifications and these Special Provisions. Liquidated damages, as set forth in these Special Provisions, shall be assessed if the Working days are exceeded.

The Contractor is advised that material and permitting should be ordered as the 1st order of work.

Construction staging plans have been included as part of the construction plan set. The Contractor will be allowed to propose alternative construction staging and sequencing plans with approval by the Engineer. However, the order of construction and/or construction dates below must be follow 1)Confernce room shall be completed 1st to allow for temporary work stations for employees during construction.
2) Permits applied for and documentation provided to building from contractor 3) PD view window to be filled in and storefront adjusted 4) removal of all wallpaper and damaged sheet rock
5) replacement of sheet rock and paint prep
6) paint
7) carpet
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Conforming to the requirements of this section is considered as included with various items of work and no additional compensation will be provided for meeting the requirements of this section. 119
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BIDDER’S CHECKLIST
All items on the Bidder’s Checklist must be initialed, dated and submitted for the Proposal to be considered complete. The City of West Sacramento reserves the right to award a Contract in a manner and on the basis which will best serve the City, taking into consideration the information in the statement of Bidder’s qualifications and past work history with the City.

The Bidder’s attention is especially called to the following forms which must be executed in full as required:

1. a) BID PROPOSAL
To be filled in and signed by the Bidder.

Initial: Date:
b) BID SCHEDULE
The unit prices Bid must be shown in the space provided. The total Bid price must be shown in the space provided.

Initial: Date:

2. BID SECURITY
The Bid bond is to be executed by the Bidder and the surety company unless Bid is accompanied by cash or certified check. The amount of this Bid bond shall be not less than ten percent (10%) of the total amount Bid and may be shown in dollars or on a percentage basis.

Initial: Date:

3. NON-COLLUSION DECLARATION
A Non-Collusion Declaration must be filled out, signed, and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

4. EXPERIENCE QUALIFICATIONS
A statement of the Bidder’s Experience & Qualifications must be filled out, signed, and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

5. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
An Equal Employment Opportunity Certification must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

6. DEBARMENT AND SUSPENSION CERTIFICATION
A Debarment and Suspension Certification must be filled out if exceptions and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:
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7. DISCLOSURE OF LOBBYING ACTIVITIES
A Disclosure of Lobbying Activities must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

8. EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT
Exhibit 15-G Construction Contract DBE Commitment must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

9. EXHIBIT 15-H DBE INFORMATION GOOD FAITH EFFORTS
Exhibit 15-H DBE Information Good Faith Efforts must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

10. EXHIBIT 12-B BIDDER’S LIST OF SUBCONTRACTOR (DBE AND NON-DBE) PART 1&2 Exhibit 12-B Bidder’s List of Subcontractor (DBE and Non-DBE) Part 1 & 2 must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

11. INSURANCE
The insurance requirements, Section 5.24 of the General Conditions, for this project have been read and understood.

Initial: Date:

12. SITE VISIT
The Bidder certifies that it has toured the project site and is familiar with the work involved.

Initial: Date:

13. PERFORMANCE AND PAYMENT BONDS (IN PART 2)
The Bidder understands that a performance bond issued by an approved surety equaling one hundred percent (100%) of the Contract amount will be required. A payment bond equaling one hundred percent (100%) of the Contract amount will also be required.

Initial: Date:

14. WORK SCHEDULE
The City makes no guarantee as to the method of work chosen by the Bidder. It is the Bidder’s responsibility to plan and schedule the work in order to complete the work in the time specified in the Special Provisions.

Initial: Date:

15. ADDENDA
The Bidder acknowledges that it must sign and attach any applicable Addenda to the Bid proposal.

Initial: Date:
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16. CONTRACTOR’S CERTIFICATE REGARDING WORKERS COMPENSATION (IN PART 2) The Bidder acknowledgment that Worker’s Compensation Insurance will be required for this project.

Initial: Date:
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BID PROPOSAL
Proposal to: Director of Capital Projects Department
City of West Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
The undersigned Bidder hereby proposes to furnish and deliver all necessary labor, tools, equipment, and other means of construction to perform the work required for the completion of the project entitled “FIRE STAION 45 IMPROVMENTS ” in accordance with the intent of all plans, specifications, and Addenda issued by the City of West Sacramento prior to the opening of the Bid proposals.

Bidder has read the accompanying instructions to Bidders, has carefully examined the location(s) of the proposed work, and has examined all Contract Documents, drawings and Addenda issued by the City and will contract with the City to construct the project, complete and in satisfactory condition.

The Bidder further agrees to complete all work required under the Contract within ninety (90) days from the date designated in the Notice to Proceed, and to accept in full payment therefore the price indicated on the Bid Schedule.

The Bidder acknowledges that it understands that a waiting period from time of Bid opening until award may be sixty (60) days during which time Bidder may not withdraw its bid. The Bidder further acknowledges that it has adjusted its Bid price to include all possible items which may influence the proposal during the waiting period. Requests for Bid price change due to the delay shall not be agreed to by the City.

Company Name:

Bidder’s Name (Printed):

Bidder’s Title:

Bidder’s Signature:

Date:

Address:

Phone Number:

Contractor’s License Number:

Classification:

Expiration Date:

Public Works Contractor
Registration Number:
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BID SCHEDULE
Bids are to be submitted for the entire work, including the Base Bid and all Added Alternatives. The contract will be awarded on the basis of the lowest, responsive, responsible bid for the sum of the Base bid and Added Alternatives.

The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the City's Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular. In case of discrepancy between words and figures, words will prevail.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City, and that discretion will be exercised in the manner deemed by the City to best protect the public interest in the prompt and economical completion of the work. The decision of the City respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

The following quantities are approximate only and are given for the purpose of comparing proposals. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the Engineer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified.

Payment for items shown on the plans, or which by their nature are necessarily appurtenant to such items, and for which there is no bid item, shall be considered included in the various pay items of work, and no additional compensation shall be allowed therefor.
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quantities may vary and will be determined by the geotechnical engineer of record. Depending on the final field quantities, Added Alternative 1 or Added Alternative 2 pricing will govern. 128
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BASE BID
ITEM
NO. DESCRIPTION UNIT ESTIMATED

QUANTITY
UNIT
PRICE ($) TOTAL ($)
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
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BASE BID
ITEM
NO. DESCRIPTION UNIT ESTIMATED

QUANTITY
UNIT
PRICE ($) TOTAL ($)
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
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BASE BID
ITEM
NO. DESCRIPTION UNIT ESTIMATED

QUANTITY
UNIT
PRICE ($) TOTAL ($)
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
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BASE BID
ITEM
NO. DESCRIPTION UNIT ESTIMATED

QUANTITY
UNIT
PRICE ($) TOTAL ($)
103
104
105
106
107
108
109
110
TOTAL BASE BID ($)
NOTE: "Total Base Bid" line is provided for convenience purposes only. The actual bid shall be computed as described above.

ADDED ALTERNATIVE 1
ITEM
NO. DESCRIPTION UNIT ESTIMATED

QUANTITY
UNIT
PRICE ($) TOTAL ($)
1 2
3 4
5 6
TOTAL ADDED ALTERNATIVE 1 BID ($)
NOTE: "Total Added Alternative 1 Bid" line is provided for convenience purposes only. The actual bid shall be computed as described above.
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ADDED ALTERNATIVE 2
ITEM
NO. DESCRIPTION UNIT ESTIMATED

QUANTITY
UNIT
PRICE ($) TOTAL ($)
1 2
3 4
5 6
TOTAL ADDED ALTERNATIVE 2 BID ($)
NOTE: "Total Added Alternative 2 Bid" line is provided for convenience purposes only. The actual bid shall be computed as described above.

Notes: LS = Lump Sum LF = Linear Foot EA = Each
SY = Square Yard SF = Square Feet CY = Cubic Yard
(F) = Final Pay Item
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SCHEDULE OF MEASUREMENT AND PAYMENT

BASE BID ITEMS

1. Mobilization: By lump sum. Pay item shall conform to Section 9 of the State Standard Specifications.

2. Remove and replace carpet. New Carpet to be carpet tiles color and type to be picked out by City of West Sacramento. Line item by SF

3. Remove and replace damaged drywall. Item to be by SF

4. Remove existing wall paper. Item to be by SF

5. Paint Prep and new paint. Item to be by SF

6. Adjust Storefront. Item to be by EA

7. Remove PD Hardware and frame in and sheetrock Item to be by EA

8. Supply all required documentation and obtain all required permits. Item to be by EA 135
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BID SECURITY
THAT WE, THE UNDERSIGNED, ________________________________, as principal; and ________________________, as Surety, are hereby held and bound unto the CITY OF WEST SACRAMENTO, hereinafter “City”, in the sum of ___________________________ dollars ($__________), which sum is equal to at least ten percent (10%) of the total amount of the Bid for the work, payment of which sum, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to the City a certain Bid, attached hereto and made a part hereof, to enter into a Contract, in writing, for the construction of: Fire station 45 Improvements

NOW, THEREFORE,
a) If the Bid is rejected, or in the alternative,
b) If the Bid is accepted and the Principal shall sign and deliver a Contract, in the form of a Contract attached hereto (all completed in accordance with said Bid and Contract), and shall in all other respects perform the agreement created by the Acceptance of said Bid; Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal hereunder shall be the amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City may accept such bid, and said Surety does hereby waive notice of any such extension.

IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals this _____ day of ___________________, 20___, the name and corporate seal of each corporate party being hereto affixed and those present duly signed by its undersigned representative, pursuant to authority of its governing body.

IN PRESENCE OF:

Affix
(Individual Principal)
(Address) (Business Address)
(Individual Principal)
(Address) (Business Address)
(Corporate Principal)
(Business Address)
Affix
(Corporate Seal)
ATTEST:
(Corporate Surety)
(Business Surety)
Affix
(Corporate Seal)
The rate of premium on this bond is _____________________ per thousand. Total amount of premium charged $ _________________________.
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NON-COLLUSION DECLARATION

STATE OF CALIFORNIA )
)

COUNTY OF YOLO )
The undersigned declares:

I am the ____________ of ________________, the party making the foregoing bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that it has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ________________[date], at______________________[city], _______________________[state].

Bidder’s Name (Printed):

Bidder’s Signature:
(Same Signature as on Proposal)
Bidder’s Title:
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EXPERIENCE & QUALIFICATIONS
The Bidder has been engaged in the contracting business under the present business name for _______ years. Experience in work of a nature similar to that covered in the proposal extends over a period of _______ years.

The Bidder, as a Contractor, has never failed to satisfactorily complete a Contract awarded to it, except as follows:

The following contracts have been satisfactorily completed in the last three (3) years for the persons, firm or authority indicated, and to whom reference is made:

Year Type of Work Contract Amount
Owner/Agency for Whom
Work was Performed
____ ______________________ _________________ ______________________ ____ ______________________ _________________ ______________________ ____ ______________________ _________________ ______________________ The following is a list of plant and equipment owned by the Bidder, which is available for use on the proposed work as required.

Quantity Name, Type and Capacity Condition Location
_______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ Bidder’s Name (Printed):

Bidder’s Signature:
(Same Signature as on Proposal)
Bidder’s Title:

Date:
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EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes:Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 145
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NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 147
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148

DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal
Action:

2. Status of Federal
Action:

3. Report Type:
a. contract
a. contract
a. bid/offer/application
a. bid/offer/application
a. initial
b. grant b. initial award a. initial b. material change c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ___ quarter________
f. loan insurance date of last report ________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier ______, if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable_________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
+
(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ ____________ actual planned a. retainer
b. one-time fee

12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature ___________ e deferred
value ____________ f. other, specify ______________________

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of
lobbying reliance was placed by the tier above when
his transaction was made or entered into. This
disclosure is required pursuant to 31 U.S.C. 1352.

This information will be reported to Congress
semiannually and will be available for public
inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.

Signature: ___________________________________
Print Name: __________________________________
Title: ________________________________________
Telephone No.: _________________Date: _________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
149
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INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352.

The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known.

Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.

Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a).

Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box. Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of 150
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information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
151
Exhibit 15-G Construction Contract DBE Commitment

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Bidder's Name: 6. Prime Certified DBE:  7. Bid Amount:

8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:

10. Bid
Item
Number

11. Description of Work, Service, or Materials
Supplied

12. DBE
Certification
Number

13. DBE Contact Information
(Must be certified on the date bids are opened)

14. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award

21. Local Agency Contract Number:
$

22. Federal-Aid Project Number:

23. Bid Opening Date:

15. TOTAL CLAIMED DBE PARTICIPATION
%

24. Contract Award Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.

26. Local Agency Representative's Signature 27. Date 16. Preparer's Signature 17. Date

28. Local Agency Representative's Name 29. Phone 18. Preparer's Name 19. Phone

30. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

3. Include additional copy with award package.

25. Award Amount:
________________________________________________________ 152
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ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT

CONTRACTOR SECTION

1. Local Agency - Enter the name of the local agency that is administering the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location(s) as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Bidder’s Name - Enter the contractor’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.

8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.

11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE.

14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.

17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.

18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.

19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form. 153
Exhibit 15-H: DBE Information -Good Faith Efforts
Federal-aid Project No(s). ______________________________ Bid Opening Date ___________________
The (Agency Name) established a Disadvantaged Business Enterprise (DBE) goal of _____% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) business days from bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publication
s
Dates of
Advertisement
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial
Solicitation
Follow Up Methods and
Dates
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ ___________________________________________________________________ _________________________________________________________________ C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE 154
participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to met or exceed the DBE contract goal.

Items of Work Bidder
Normally
Performs Item
(Y/N)
Breakdown
of Items
Amount
($)
Percentage
Of
Contract
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
___________________________________________________________________ ______ ___________________________________________________________________ ______ ___________________________________________________________________ ______ ___________________________________________________________________ Names, addresses and phone numbers of firms selected for the work above: ______ __________________________________________________________________ _______ __________________________________________________________________ _______ __________________________________________________________________ _______ __________________________________________________________________ _______
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:
_________________________________________________________________ ________ _________________________________________________________________ ________ _________________________________________________________________ ________ _________________________________________________________________ ________
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ ___________________________________________________________________ ______
155
156
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of
Contact
Results
__________________________________________________________________ __________________________________________________________________ H. Any additional data to support a demonstration of good faith efforts:
________________________________________________________________ _______
________________________________________________________________ _______
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158
Exhibit 12-B Bidder’s List of Subcontractor (DBE and Non-DBE) Part 1 As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorRegistration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms. Federal Project Number: ______________________
Contractor
License
Number
Subcontractor Name and
Location
Line Item & Description Subcontract
Amount
Percentage
of Bid Item
Subcontracted DIR Reg
Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.

Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package 159
Exhibit 12-B Bidder’s List of Subcontractor (DBE and Non-DBE) Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provided a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms. Federal Project Number:
_______________________
Contractor
License
Number
Subcontractor Name and
Location
Line Item & Description Subcontract
Amount
Percentage
of Bid Item
Subcontracted DIR Reg
Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State:

Age of Firm: ___ yrs.

Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package 160
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FEDERAL WAGE RATES
The payment of federal prevailing wage rates on federal-aid contracts is derived from the DavisBacon Act of 1931 and is prescribed by 23 USC 113. Contractors and subcontractors must pay laborers and mechanics employed directly upon the site of the work at least the locally prevailing wages (including fringe benefits) for the work performed.

The Davis-Bacon "prevailing wage" is the combination of the basic hourly rate and any fringe benefits listed in a Davis-Bacon wage determination. The contractor’s obligation to pay at least the prevailing wage listed in the contract wage determination can be met by paying each laborer and mechanic the applicable prevailing wage entirely as cash wages or by a combination of cash wages and employer-provided bona fide fringe benefits. Prevailing wages, including fringe benefits, must be paid on all hours worked on the site of the work.

Apprentices or trainees may be employed at less than the rates listed in the contract wage determination only when they are in an apprenticeship program registered with the Department of Labor or with a state apprenticeship agency recognized by the Department.

Contractors and subcontractors are required to pay covered workers weekly and submit weekly certified payroll records to the contracting agency. They are also required to post the applicable Davis-Bacon wage determination with the Davis-Bacon poster (WH-1321) on the job site in a prominent and accessible place where they can be easily seen by the workers.

The federal prevailing wage rates are available directly from the System for Award Management (SAM) Home Page at https://beta.sam.gov/.

Federal “prevailing wage” rates are not physically incorporated in the bid documents. The City of West Sacramento shall comply with the federal “10-day rule”, where the City of West Sacramento will issue to bidders as an addendum the current federal wage rates within ten days prior to bid opening.
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PART 4 CONTRACT DOCUMENTS
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CONSTRUCTION CONTRACT
THIS CONTRACT made on May 17, 2023 by and between the City of West Sacramento (“City”), and Pro Builders, 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”):

Invitation to Bid (See Part 1)
Accepted Bid (and all accompanying documents)
Addenda Nos. ________, as issued
Designation of Subcontractors, (See Part 1)
Construction Contract (See Part 2)
Payment Bond to accompany Contract (See Part 2)
Performance 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 Standard Specifications 2018

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 Fire Station 45 Improvement 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: Ryan Teves.

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 two hundred eighty eight thousand seven hundred fifty dollars ($288,750.00) for the Project subject to additions and deductions as provided in the Contract Documents.
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4. COMPLETION DATE:

The Project shall be commenced on the date specified in the Notice to Proceed. The total project will be completed within One Hundred Twenty (120) working days, as defined in the General Conditions, after the date stated in the Notice to Proceed.

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 Public Works, 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
Director of Capital Projects Department
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 Pro Builders
Attention Sebastian Swierstok
Street Address 7030 Drywood Way
City, State, Zip Code Orangevale, CA 95662
(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 Five Hundred Dollars ($500.00) 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 166
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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.

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 Sebastian Swierstok, Owner
Date Martha Guerrero, Mayor
City of West Sacramento
Approved as to form:

Jeffrey Mitchell, City Attorney
Attest:

Jennifer Cusmir, City Clerk
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PERFORMANCE BOND
The CITY OF WEST SACRAMENTO, hereinafter “City,” entered into a Contract dated May 17, 2023 with Pro Builders hereinafter “Contractor,” for the work described as follows:

FIRE STATION 45 IMPROVEMENT PROJECT
WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.

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

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

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

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
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In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ______________ day of _______________________, 20___.
(Contractor as Principal)
(Seal) By
(Seal) By
NOTE: If Contractor is a Partnership, all parties must execute the Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
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PAYMENT BOND
The CITY OF WEST SACRAMENTO, hereinafter “City,” has awarded to Pro Builders, hereinafter “Contractor,” a Contract for the work described as follows:

FIRE STATION 45 IMPROVEMENT 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, _______________, 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 ____________________________________________ dollars ($____________________), 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 171
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any person other than the claimant seeking to recover on the bond, and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for 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: Director of Capital Projects Department
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.

Sebastian Swierstok, Owner
By
(Business Address)
(Place of Residence)
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PART 5 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
IEEE The Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society
IPCEA Insulated Power Cable Engineers Association
JICS Joint Industry Conference Standards
KM Kinder Morgan
MBMA Metal Building Manufacturer’s Association 177
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MSS Manufacturers Standardization Society of the Valve and Fitting Industry Standards
NBFU National Board of Fire Underwriters
NBS National Building Standards
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Act of 1970
PCA Portland Cement Association
SMACNA Sheet Metal and Air Conditioning Contractor’s National Association SSPC Steel Structures Painting Council
SSPWC Standard Specifications for Public Works Construction UBC Uniform Building Code
UL Underwriter’s Laboratory
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
USAS The United States of America Standard Institute
USBR United States Bureau of Reclamation
USPHS United States Public Health Service
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California

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

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

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

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

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

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

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

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.
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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 Standard Specifications 2018, Contractor’s Certification Regarding Workers’ Compensation.

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

County - County of Yolo, California.

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

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. 179
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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.

His – “His” shall include “her” and “its”.

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

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

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

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

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

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

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

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

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

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 2018, and as amended Bid in the supplemental conditions. 180
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Subcontractor - The term “Subcontractor”, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked and would be considered a supplier only.

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

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

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

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

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

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

Whenever in the Specifications or upon the drawings the words “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Engineer is intended, and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import, shall mean approved or acceptable to, or satisfactory to the Engineer, unless otherwise expressly stated.
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SECTION 2

SCOPE OF WORK

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

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

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

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

If any portion of the Contract Documents shall be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence, unless otherwise specified: 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 Standard Specifications 2018.

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

2.02. CONTRACTOR’S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained herein.
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2.03. CHANGES IN THE WORK
(a) The City may, at any time, by written order, make changes in the Work as deemed necessary by the Engineer. Such changes include, but are not limited to:
(1) In the Specifications or Plans;
(2) In the sequence, method or manner of performance of the Work; (3) In the owner-furnished facilities, equipment, materials, services or site; and (4) Directing acceleration of the Work.
(b) If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment will be made and the Contract modified in writing accordingly.
(1) Change Orders
A change pursuant to this section will be in the form of a Change Order, which will set forth the work to be done or the method by which the change and cost adjustment, if any, will be determined, and the time of completion of the work.

Upon receipt of a Change Order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of a Change Order.

A Change Order executed by the Contractor and approved by the Engineer is an executed Change Order as that term is used throughout this section. (2) Change Order Protests
A Change Order may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in a Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) days after the receipt of such Change Order.

The protest shall state the points of disagreement and, if possible, the quantities and cost involved.

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

Where the protest concerning a Change Order relates to compensation, the compensation payable for all work specified or required by said Change Order to which such protest relates will be determined in the same manner as provided in Section 2.04 of this section. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work. Where the protest concerning a Change Order relates to the adjustment of time and for completion of the Work, the time to be allowed therefor will be determined as provided in this section.
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The consent of the Contractor’s sureties shall not be required as to any change or Extra Work, and the liability of the Contractor’s Bonds shall be increased or decreased accordingly without notice to the sureties.

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

Until one of the above methods is agreed on, or if the Work is to be paid for on a time and materials basis, the Contractor shall keep full and complete records of the cost of such work in the form and manner prescribed by the Engineer and shall permit the Engineer to have access to such records as may be necessary to assist in the determination of the compensation payable for such work. (b) Lump Sum Payment
The City, in its sole and absolute discretion, may request a lump sum proposal by Contractor to perform the change in, or addition to, the Work performed. Such lump sum proposal shall be submitted by the Contractor within ten (10) days of the City’s request therefor. Request for a lump sum proposal by City shall not be deemed an election by City to have the Work performed on a lump sum basis.

Costs of preparing the proposal shall not be compensable. (1) Contents of Lump Sum Proposal
(2) The Contractor’s proposal shall be itemized and segregated by labor and materials for the various components of the change (no aggregate labor total will be acceptable). The proposal shall be accompanied by signed proposals of any Subcontractors, which will perform any portion of the change, and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the Contractor’s estimate of the time required to perform said changes or additional work. (3) Computation of Labor Costs
The portion of the proposal relating to labor, whether by the Contractor’s forces or the forces of any of its Subcontractors, may include the projected wages of the reasonably anticipated Site labor, including foremen, who will be directly involved in the change in the Work. These projected wages shall not include charges for assistant superintendents, 185
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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. 187
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(2) For equipment, the Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date the work is performed, regardless of ownership or any rental agreement entered into by Contractor for such equipment. The rental rate paid in accord with said publication shall be deemed to include the cost of fuel, oil, lubrication, supplies, small tools, attachments, repairs and maintenance, depreciation, storage and insurance for said equipment. Rental time will not be paid when equipment is inoperable due to breakdowns, repairs or maintenance. Payment for loading, transporting and unloading time will be in accordance with the State Standard Specifications 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 SubSubcontractors 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 188
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or unavoidable, arising from the performance of any and all changes in the work performed pursuant to this section. It is understood and agreed that the Contractor’s sole and exclusive remedy in such event shall be recovery of its direct costs as compensable hereunder and an extension of the time of the Contract, but only in accordance with the provisions of the Contract Documents.

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

The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section

3.20 to audit Contractor’s as-Bid profit in connection with any deductive change, to arrive at a final adjustment. Contractor’s as-Bid profit shall be reduced pro rata according to the proportion of the original contract value less as-Bid profit, represented by the work deleted.

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 a 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.
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2.07. CLAIMS FOR EXTRA COSTS
(a) Notice of Potential Claims
(1) It is hereby mutually agreed that the Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor provides the Engineer with written notice of the potential claims as hereinafter specified. Compliance with this section, however, shall not be a prerequisite as to matters within the scope of the protest provisions in Section 2.03.

The written notice of potential claims shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required shall be given to the Engineer prior to the time that the Contractor commences 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 Claims
(1) The Contractor may submit a claim to the Engineer concerning any matter for which a protest under Section 2.03, or a notice of potential claim, is filed.

Such claims, 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 claim 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, claims shall be submitted at the earliest practicable time in which such a determination can be made. In any event, all claims shall be filed on or before the date of the final release by the Contractor as provided for in Section 7.09.
(2) All claims shall be in writing and shall set forth clearly and in detail, for each item of additional compensation claimed, the reasons for the claim, 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 claim. 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.
(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 190
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may be extended by mutual agreement of the parties as specified by Public Contract Code section 9204(d)(1)(C). The City shall pay any undisputed portion of the claim within 60 days after issuance of its written statement. (2) Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:

Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code section 12650, et. seq., the undersigned, Sebastian Swierstok
Owner
Pro Builders
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 191 General Conditions
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days following the conclusion of the meet and confer conference, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. The City shall pay any undisputed portion of the claim within 60 days after it issues its written statement.
(4) Mediation. If the Contractor disputes, in writing, any portion of the City’s written statement as issued under Section 4.07(c)(3), the disputed items shall be submitted to nonbinding mediation according to the provisions of Public Contract Code section 9204(d)(2), and any costs of mediation shall be allocated as set forth in that section. Upon receipt of a claim, the City and the Contractor may agree to waive, in writing, mediation. (5) Failure to Respond or Pay. If the City fails to timely respond to a claim from the Contractor or otherwise fails to meet the time requirements of Public Contract Code section 9204, the claim shall be deemed rejected in its entirety. Additionally, amounts not timely paid in the manner required by Public Contract Code section 9204 shall bear interest at 7 percent per annum.
(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.
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(3) Time Limits Not Extended. Nothing in subdivision (a) of Public Contract Code section 20104.2 shall extend the time limit or supersede the notice requirements provided in this Contract for filing claims by the Contractor. (b) Alternative Dispute Resolution of Claims in Excess of $375,000.00.

As a condition precedent to the initiation of litigation, disputes in excess of a total value of $375,000.00 shall first be submitted to the claims procedures set forth in Sections 4.06 and 4.07.

2.09. GUARANTEE
(a) In addition to warranties, representations and guarantees stated elsewhere in the Contract Documents, the Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace the same at its sole cost and expense, and to the satisfaction of the Engineer, any and all materials which may be defective or improperly installed.
(b) The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other work, which may be damaged or displaced in so doing.
(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 195
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one copy of said Drawings, in good order, available to the Engineer and the Engineer’s representatives, and convenient to the working site. (b) If the Contractor, in the course of the Work, finds any discrepancy between the Drawings and the physical condition of the locality, or any errors or omissions in the Drawings, 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.
(c) 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.
(d) 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. (e) 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.
(f) 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. (g) 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 196
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discovered either prior to or after the Drawings are processed by the Engineer, the Specifications shall control and shall be followed.
(h) Unless otherwise stated, the Engineer shall have thirty (30) days from the date of receipt of Shop and/or Working Drawings for review.
(i) Full compensation for furnishing all Shop and/or Working Drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefore.

Any cost related to the Engineer’s review of any particular set of Shop and/or Working Drawings more than twice, due to incompleteness or unacceptability, shall be borne by the Contractor, and the City reserves the right to withhold such costs from payments due the Contractor.
(j) 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. (k) 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.

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 197
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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. 198
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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 reserved 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 199
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tools, and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
(b) Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer shall be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Engineer and other agents of the City, and agents of the federal, state, or local governments at all reasonable hours for inspection by such agencies to ascertain compliance with laws and regulations.
(c) One or more inspectors may be assigned to observe the Work by the Engineer and to act in matters of construction under this Contract. It is understood that inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. Such inspection shall not relieve the Contractor of the Contractor’s obligation to conduct comprehensive inspections of the Work, to furnish proper materials, labor, equipment 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 200
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may make the ordered repairs, or remove the condemned materials, and deduct the cost thereof from any monies due the Contractor.
(g) The Contractor shall furnish promptly, without additional charge, all facilities, labor and materials reasonably needed by the Engineer for performing all inspection and tests. Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection.
(h) Where any part of the Work is being done under an encroachment permit or building permit, or is subject to federal, state, county or city codes, laws, ordinances, rules or regulations, representatives of the government agency shall have full access to the Work and shall be allowed to make any inspection or tests in accordance with such permits, codes, laws, ordinances, rules, or regulations. If advance notice of the readiness of the Work for inspection by the governing agency is required, the Contractor shall furnish such notice to the appropriate agency.
(i) The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer’s authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. 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 201
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remedied, removed, or replaced, and may deduct the costs therefore from any monies due or to become due the Contractor.

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

3.14. EQUIPMENT AND PLANTS
(a) Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the Project.
(b) Plants will be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of sufficient material to carry the Work to completion within the time limit. (c) The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer, shall remove unsuitable equipment from the Work and discontinue the operation of unsatisfactory plants. Contractor shall, upon request of the Engineer, submit one or more lists identifying, by make, model number, Contractor ‘s identification number and empty gross weight, each piece of operable equipment used for the Work. Contractor shall, upon request of the Engineer, submit 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 202
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the Contractor’s work, except as to defects which may develop in the other Contractor‘s work after the execution of the Contractor’s work. (c) To insure the proper execution of Contractor’s subsequent work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the Drawings.

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

3.18. USE OF COMPLETED PORTIONS, RIGHT TO OPERATE UNSATISFACTORY

EQUIPMENT OR FACILITIES
(a) The City may, at any time, and from time to time, during the performance of the Work, enter the Work Site for the purpose of installing any necessary work by City labor or other contracts, and for other purpose in connection with the installation of facilities. In doing so, the City shall endeavor not to interfere with the Contractor and the Contractor shall not interfere with other work being done by or on behalf of the City.
(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 203
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binding. When the territory of one contract is the necessary or convenient means of access for the performance of another contract, such privilege of access or any other reasonable privilege may be granted by the Engineer to the Contractor so desiring, to the extent, amount, in the manner, and at the time permitted. No such decision as to the method or time of conducting the Work or the use of territory shall be the basis of any claim for delay or damage.
(b) Lands, easements or rights-of-way to be furnished by the City for construction operations will be specifically shown on the Plans.
(c) The Contractor shall construct and maintain all roads necessary to reach the various parts of the Work and for the transportation thereto of construction material and personnel. The cost of constructing and maintaining such roads shall be borne by the Contractor.

3.20. CITY’S RIGHT TO AUDIT AND PRESERVATION OF RECORDS (a) The Contractor shall maintain books, records and accounts of all costs in accordance with generally accepted accounting principles and practices. The City and its authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions:
(1) The Contract is terminated for any reason in accordance with the provisions of the Contract Documents in order to arrive at equitable termination costs;
(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, back charges, 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, micro204 General Conditions
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photographs, and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the Work hereunder. (d) The City will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the City’s option, either during the Contract time period or during the record retention time period. Regardless of authorization, approval or acceptance, signatures or letters which are given by the City and are part of the City’s control systems or are requested by the Contractor, the payments made under this Contract shall not constitute a waiver or agreement by the City that it accepts as correct the billings, invoices or other charges on which the payments are based. If the City’s audit produces a claim against the Contractor, the City may pursue all its legal remedies even though it has made all or part of the payments required by this Contract. (e) If any audit by the City or its representative discloses an underpayment by the City pursuant to the terms of the Contract Documents, the City shall have the duty to pay any amount found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the City for the amount of the overpayment. The City’s right to claim reimbursement from the Contractor of any overpayment shall not be terminated or waived until three years after the completion of the City’s audit or upon the termination of audit rights under subparagraph 3.20(f), whichever date is later. The obligation of the Contractor to make reimbursements hereunder shall not terminate except as provided by law.
(f) The City’s right to audit and the preservation of records shall terminate at the end of three (3) years after the date final payment is made or termination of the Contract. The Contractor shall include this “Right to Audit and Preservation of Records” clause in all subcontracts issued by it and it shall require the same to be inserted by all lower tier Subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to 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:
(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;
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(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.
(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 208
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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 209
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Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not.
(c) The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
(d) The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
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SECTION 5

LEGAL RELATIONS AND RESPONSIBILITY

5.01. COMPLIANCE WITH LAWS – PERMITS, REGULATIONS, TAXES The Contractor is an independent Contractor and shall, at the Contractor’s sole cost and expense, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the Work, obtain all necessary permits and licenses therefore, pay all manufacturers’ taxes, sales taxes, use taxes, processing taxes, and all federal and state taxes, insurance and contributions for social security and unemployment which are measured by wages, salaries or any remuneration paid to Contractor’s employees, whether levied under existing or subsequently enacted laws, rules or regulations. The Contractor shall also pay all property tax assessments on materials or equipment used until Acceptance by the City. If any discrepancy or inconsistency is discovered in the Plans or Specifications, or in this Contract in relation to any such law, rule, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. The Contractor shall also protect, defend and indemnify the City, the Engineer, and all of the City’s officers, agents, and servants against any claim or liability arising from or based upon the violation of any such law, rule, ordinance, regulation, order or decree, whether by the Contractor or its employees. Particular attention is called to the following:
(a) Without limitation, materials furnished and performance by Contractor hereunder shall comply with Safety Orders of the Division of Industrial Safety, State of California, Federal Safety regulations of the Bureau of Labor, Department of Labor; and any other applicable Federal regulations.
(b) The Contractor, upon request shall furnish evidence satisfactory to the City and Engineer that any or all of the foregoing obligations have been or are being fulfilled.

The Contractor warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that Contractor has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable the Contractor to perform this Contract. (c) Contractor is required to insure that material safety data sheets (MSDSs) for any material requiring a material safety data sheet pursuant to any federal or state law are available in a readily accessible place on the Project premises. Contractor is also required to insure:
(1) The proper labeling of any substance brought onto the Project premise by Contractor or any Subcontractors and
(2) That the person(s) working with the material, or within the general area of the material, are appropriately informed about the hazards of the substance and follow proper handling and protection procedures. (d) Contractor is required to comply with the provisions of California Health and Safety Code section 25249.5, et seq. (Prop. 65), which requires the posting and giving of notice to persons who may be exposed to any chemical known to the State of California to cause cancer.

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 211
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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/Public-Works/CertifiedPayroll-Reporting.html. The provisions of Labor Code section 1776 are incorporated herein by reference.
(2) The CITY and the DIR shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. The DIR will notify the Contractor or Subcontractor(s), as appropriate) of any noncompliance, in order for all such Contractor or Subcontractor(s) to correct the noncompliance.
(3) The City shall withhold payments when payroll records are delinquent or inadequate.
(4) The City shall withhold payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred.
(5) The City shall cooperate with the DIR and DLSE in any investigation of suspected violations of prevailing wage requirements.
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(6) As directed by the Labor Commissioner, the City shall withhold Contract payments equal to the payments due or estimated to be due to the Contractor or Subcontractors whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or Subcontractors. The Contractor shall be required to withhold payments to a Subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the Subcontractor has cured such delinquency or deficiency.
(7) These payroll records shall be made available to the City’s representatives. These records shall be maintained during the course of the Work. The Contractor and all Subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.
(8) The Contractor shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all Subcontractors and any lower tier Subcontractors. (9) The Project will not be accepted as complete by the City nor final payment made until all items of non-compliance are corrected or until appropriate provision is made by depository agreement to assure the ultimate resolution and payment of any back wages that may be found due.
(b) A pre-construction conference shall be conducted before commencement of the Work with the Contractor and Subcontractors at which time the prevailing wage requirements will be reviewed and agreed to by all parties.

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

5.05. EIGHT-HOUR DAY LIMITATION
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, eight hours labor shall constitute a day’s work, and no worker, in the employ of said Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or 213
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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 twentyfive 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 trunk line utility facilities which are not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work, provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing or relocating such utilities. Contractor shall not be assessed liquidated damages for delays in completing the Work when such delays are due to the failure of either the City or the owner of the utility to provide for removal or relocation of such utility facilities.
(b) The Contractor shall take all precautions necessary to protect the existing utilities within the project area. Any utilities damaged due to the Contractor’s negligence shall be repaired or restored to their original condition at the Contractor’s sole expense. Existing utilities shall be kept in service during the life of the Contract unless relocation, reconstruction, abandonment, or outage is specifically authorized by the Engineer.
(c) The Contractor shall provide and maintain such temporary supports as may be necessary to preserve the functions of the various utility systems. No wires, conduits and/or pipes shall be removed until all services therein have been made inoperable.
(d) The Contractor shall notify the Engineer and appropriate Regional Notification Center for operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures.

The Contractor shall provide updated information to the Notification Center as required and on a periodic basis. The Regional Notification Center includes but is 214
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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 (Caltrans) 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.
(h) The Contractor shall arrange a preconstruction meeting with Kinder Morgan to discuss pothole requirements and estimated review time of load calculations. A heavy equipment submission to Kinder Morgan is required prior to commencement of work.

The Contractor shall notify the City and Kinder Morgan two weeks’ prior to commencement of any work near Kinder Morgan’s pipeline and/or facilities.

The Contractor shall adherence to applicable provisions enumerated in the LOM200-29 “Guidelines for Design and Construction” relating to proposed projects affecting Kinder Morgan pipelines and Kinder Morgan pipeline easements and Information Bulletin #03-001, issued from the Office of the State Fire Marshal concerning encroachments within and adjacent to pipeline easements. Documents are included in the Appendix.

The exact location of Kinder Morgan’s pipeline can only be determined by pothole at a maximum of fifty (50) foot intervals (or as required by the Kinder Morgan onsite representative). The pothole work must be performed by hand excavation and in the presence of a Kinder Morgan on-site representative.

Excavation within two (2) feet of Kinder Morgan pipelines, valves and fittings must be performed by hand digging in the presence of a Kinder Morgan on-site representative.

All Kinder Morgan inspection costs will be paid by the City.

Heavy equipment will not be allowed to operate directly over Kinder Morgan pipelines or in Kinder Morgan right-of-way unless written approval is obtained from Kinder Morgan. Heavy equipment may only cross Kinder Morgan pipelines at locations designated by Kinder Morgan. The list of all heavy equipment which is going to cross the pipeline needs to be submitted to Kinder Morgan for load 215
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calculation as part of safety and damage prevention. The Kinder Morgan right-ofway specialist, Jason Brothers, may be contacted at (559) 333-1799, [email protected]

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

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

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

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

5.12. PUBLIC CONVENIENCE
This section defines the Contractor’s responsibility with regard to convenience of the public and public traffic in connection with its operations. (a) The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no 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 flag persons 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 flag persons, all for the convenience and direction of public traffic, will be 216
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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) Flag persons and guards, while assigned to traffic control, shall perform their duties and shall be provided with the necessary equipment in accordance with the current “Instructions to Flagmen” of the California Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor at its expense.
(h) All traffic control shall be in accordance with California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. (1) Traffic Control Plans. Traffic Control Plans shall be developed for the project to assure that adequate consideration is given to the safety and convenience of motorists, pedestrians, and workers during construction.

The Traffic Control Plans shall include, but not be limited to, signing, pavement markings, construction scheduling, permanent barricades, methods and devices for delineation and channelization, placement and maintenance of devices, roadway lighting, traffic regulations, surveillance and inspection. The Traffic Control Plans shall be approved by the Engineer a minimum of two (2) working days prior to start of any work.

Non-compliance with any stipulation of this section will be justification for the City to stop work.
(2) Traffic Control Devices and Procedures. Traffic control devices and procedures shall conform to the California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. Noncompliance 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. 217
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spacing) used for on-street parking. No other location or method of placement is acceptable. The notification shall be in a form approved by the Engineer. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(4) Lane Closures. All lane closures shall be included in the Traffic Control Plans, and shall both conform to Section 5.12(h)(2) above, and be approved by the Engineer. Total road closures will not be allowed for the Project.
(5) Measurement and Payment. Unless specifically shown as an item of work on the proposal form, all traffic control shall be considered included in other items of work and no additional compensation will be made for labor, materials or equipment needed.

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

5.14. SAFETY
(a) General
(1) The Contractor shall be solely and completely responsible for the conditions of the job Site, including safety of all persons and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable federal, state, and local laws, ordinances, and codes, and to the rules and regulations established by the California Division of Industrial Safety, and to other rules of law applicable to the Work.
(2) The services of the Engineer in conducting construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Engineer or the City responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers; or for access, visits, use work, travel or occupancy by any person. (3) The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation and in sump pump work.
(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 218
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provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by law, this shall be provided.
(6) The Contractor shall submit a safety plan and/or narrative description to the Engineer prior to commencement of the Work. This safety plan and/or narrative description shall describe all first aid, safety clothing, etc. to be used at the Project Site.
(b) Shoring and Trench Safety Plan
(1) Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the Contractor shall comply with this law.
(2) In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. Not less than thirty (30) days before beginning excavation for any trench or trenches five feet or more in depth required under this Contract, the Contractor shall furnish to the Engineer Working Drawings of its trench safety plan. The trench safety plan Working Drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, Department of Labor, the plan shall be prepared by a registered civil or structural engineer. In no event shall the Contractor use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by the Contractor or its Subcontractors.

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

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

5.17. PROTECTION OF PERSONS AND PROPERTY
(a) The Contractor shall take whatever precautions are necessary to prevent damage to all existing improvements, including above ground and underground utilities, trees, shrubbery that is not specifically shown to be removed, fences, signs, mailboxes, survey markers and monuments, buildings, structures, the City’s property, adjacent property, and any other improvements or facilities within or adjacent to the work. If such improvements or property are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the 219
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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-of- way 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 flag persons, guardrails, barricades, signals, warning signs and lighting to provide for the safety of existing roads and detours. Immediately after the need for temporary detours ceases, or when directed, the Contractor shall remove such detours and perform all necessary cleanup work, including replacement of fences, and removal of pavement. Included shall be all necessary replacement of existing roadway appurtenances, grading work, soil stabilization and dust control measures, as required and directed.
(e) The Contractor shall examine all bridges, culverts, and other structures over which it will move its materials and equipment, and before using them, Contractor shall properly strengthen such structures where necessary. The Contractor shall be responsible for any and all injury or damage to such structures caused by reason of its operations.

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

5.19. CITY’S REPAIR
In the event the Contractor refuses or neglects to make good any loss or damage for which it is responsible under this Contract, the City may itself or by the employment of others, make good any such loss or damage, and the cost and expense of doing so, including any 220
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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:

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.

If archaeological resources are discovered within or near construction limits, do not disturb the resources and immediately:

1. Stop all work within a 60-foot radius of the discovery

2. Secure the area

3. Notify the Engineer
The City investigates the discovery. Do not move archaeological resources or take them from the job site. Do not resume work within the radius of discovery until authorized. 221
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If ordered, furnish resources to assist in the investigation or recovery of archaeological resources. This work is change order work.

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.
(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) Kinder Morgan requires Contractors working within Kinder Morgan easements to include Kinder Morgan as an additional insured on their insurance policy. A copy of the policy will need to be submitted to Kinder Morgan.
(i) 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 222
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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 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 223
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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 224
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each. Such insurance may have a deductible clause, but the amount of the deductible shall be subject to the approval of the City, except that the deductible on earthquake coverage may be in accordance with the underwriter’s requirements.

5.25. INDEMNITY AND LITIGATION COST
(a) Promptly upon execution of the Contract, the Contractor specifically obligates itself and hereby agrees to protect, hold free and harmless, defend and indemnify the City, the Engineer and its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, which arise out of or are in any way connected with the Contractor’s, or its Subcontractors’ or suppliers’, performance of work under this Contract or failure to comply with any of the obligations contained in the Contract. This indemnity shall imply no reciprocal right of the Contractor in any action on the contract pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Contractor shall apply to any and all acts or omissions, whether active or passive, on the part of the Contractor or its agents, employees, representatives, or Subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project.
(b) In any and all claims against the City, the Engineer and each of their consultants, officers, employees and agents by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in way by any 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 225
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earthquake in excess of a magnitude of 3.5 on the Richter Scale or by tidal waves; provided that the Work damaged was built in accordance with accepted and applicable building standards, and the plans and specifications of the City. (b) Contractor shall effectively secure and protect adjacent property and structures, livestock, crops and other vegetation. If applicable, the Contractor shall open fences on or crossing the right-of-way and install temporary gates of sound construction thereon so as to prevent the escape of livestock. Adjacent fence posts shall be adequately braced to prevent the sagging or slackening of the wire. Before such fences are opened, the Contractor shall notify the owner or tenant of the property and, where practicable, the opening of the fence shall be in accordance with the wishes of said owner or tenant. The Contractor shall be responsible that no loss or inconvenience shall accrue to the owner or tenant by virtue of their fences having been opened or the gate not having been either shut or attended at all times. Where special types of fences are encountered, the Contractor shall install temporary gates made of similar materials and of suitable quality to serve the purposes of the original fences. In all cases where the Contractor removes fences to obtain workroom, the Contractor shall provide and install temporary fencing as required, and on completion of construction shall restore the original fence to the satisfaction of the Engineer. All costs of providing, maintaining and restoring gates and fencing shall be home by the Contractor. The Contractor shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions. (c) The Contractor shall use extreme care during construction to prevent damage from dust to crops and adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-of-way and take other preventative measures as directed by the Engineer.
(d) The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or its employees in the course of their employment, whether such trespass was committed with or without the consent or knowledge of the Contractor.
(e) The Contractor shall see that the Site is kept drained and free of all ground water and any other water, which may impede the progress or execution of the Work. (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 226
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time or claim for damages for extra compensation in connection therewith. If and to the extent that such utilities or facilities are not identified in the Contract Documents, as between the Contractor and the City, the City will be responsible for the cost of their removal, relocation or protection, as the case may be, but the Contractor shall perform any such work in conformance with applicable provisions of Sections 2.06 and 2.07, if so directed by the Engineer. In such situations the Contractor shall not be responsible for delay in completion of the project caused by the failure of the City or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the City in the Contract Documents, the Contractor shall immediately notify the Engineer in writing. (i) Subject to the provisions of this section, where the Work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the Work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the Work.

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

5.28. NO PERSONAL LIABILITY
Neither the City, the Engineer, nor any of their other officers, agents, or employees shall be personally responsible for any liability arising under the Contract, except such obligations as are specifically set forth herein
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SECTION 6

PROGRESS AND COMPLETION OF WORK

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

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

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

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

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

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

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

The Contractor shall notify the Engineer in writing two (2) working days (48 hours) prior to commencement of work on the Project or scheduling work for a Saturday, Sunday, or City Holiday. Failure to provide said notification will void the City’s obligation to provide inspection. Any work done in the absence of the City’s Inspector shall be subject to rejection.
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(b) Completion
All work under this Contract shall be completed within the period of time set forth in the Contract Provisions. The Contract shall be deemed completed when the Engineer has certified the completion of the Project as provided in Section 9.07 of these General Conditions.

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

6.04. DELAY IN THE WORK – TIME EXTENSIONS
The Contractor shall at all times employ such force, plant, materials, and tools as will be sufficient, in the opinion of the Engineer, to prosecute the Work at not less than the rates fixed under the terms of the Contract and to complete the Work thereof within the time limits fixed therein. If the Contractor refuses or fails to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or fails to complete said work within such time, the City may exercise the termination provisions set forth in Section 4.05, below. (a) Excusable Delays. Excusable delays shall be delays in the controlling operation of the Contractor’s work due to strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, or any other act(s) of God beyond the Contractor’s control, or by delay authorized by the City, or by any cause which the City shall decide to justify the delay. Except as provided in Section 6.04(f), below, in the event of an excusable delay, the time of completion shall be extended for such reasonable time as the City may decide. The Contractor’s right to an extension of time for an excusable delay is expressly subject to Contractor’s giving written notice of such claim within ten (10) days following the date the Contractor knew or should have known of the delay. Failure to give such notice shall be 230
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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 4.056.05. The Contractor’s remedies for compensable delays are expressly subject to Contractor’s giving ten (10) days written notice of such claim from the date the Contractor knew or should have known of the delay. It is understood and agreed that the Contractor’s sole and exclusive remedies for compensable delays shall be an extension of the time and recovery of its direct costs as compensable hereunder, but only in accordance with the provisions of the Contract Documents.
(c) Contractor and City understand and agree that the Contract time for the completion of this project is a very important part of the contract. Extensions of time will only be granted as provided above when events actually cause the Contractor to be delayed in the performance of that schedule activity which is the controlling operation as of the time of the delay. When acts or omissions occur which could cause delay, Contractor will take all reasonable means in order to be able to continue to work as scheduled without any delay, or as short a delay as possible.

Additionally, if inclement weather causes accumulation of standing water on the work site or other conditions which might cause delay, Contractor shall take all measures reasonably necessary to permit work to continue as quickly as possible. (d) If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by date substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction.

Adverse weather conditions shall be considered only as those conditions that exceed the average annual number of rain days and rain quantities as established by the Annual Local Climatological Summary and NOAA National Technical Memorandum NWS WR-65 (Revised) as published by the United States Government, National Weather Service, National Climate Center, Asheville, North Carolina.
(e) The Engineer shall be responsible for determining when adverse weather conditions result in non-workable days. It shall be the Contractor’s duty to stay informed of such determinations by the Engineer. The Contractor may object to such adverse weather determinations by filing with the Engineer a written notice of objection. The notice of objection shall state the basis of the objection and provide supporting documentation, which substantiates that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction.

All such notices of objection shall be filed within three (3) days of the day in dispute. It is hereby agreed that the Contractor’s failure to submit a written notice of objection within three (3) days of the Engineer’s adverse weather determination shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise.
(f) The Engineer will, within a reasonable period of time, issue a ruling on the Contractor’s notice of objection. All such rulings by the Engineer shall be final, unless the Contractor files a written protest within fifteen (15) days of the Engineer’s ruling. This protest shall clearly state the basis of the dispute. Such 231
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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 6.04(d) of the General Conditions. Days deemed non-workable by the Engineer in excess of such anticipated number shall be considered excusable delays. (h) Unexcused delays shall be delays in the Contractor’s work due to acts or neglect of the Contractor, its employees, Subcontractors or those under it by contract or otherwise. In the event of an unexcused delay, the Contractor expressly agrees that it shall not be entitled to either an extension of time or recovery of its costs. (i) A request for an extension of time, or the granting of an extension of time, shall not constitute a basis for any claim against the City for additional compensation or damages unless caused by the City or another Contractor employed by the City.

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

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

Termination of the Contract for convenience and the total compensation payable to the Contractor in the event of termination shall be governed by the following:
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(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. (8) 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.
(9) 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.
(10) 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.
(11) 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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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 (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.
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(d) The provisions of this section shall be included in all subcontracts.

6.07. TERMINATION FOR DEFAULT
(a) In the event of any default by the Contractor as described below, the City may, after giving ten (10) days’ written notice to the Contractor, terminate the Contractor’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
(1) Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time.
(2) Filing of bankruptcy by the Contractor, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Contractor’s insolvency without discharge of the receiver within ten (10) days after its appointment.
(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. 235
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6.08. FAILURE TO TIMELY COMPLETE THE WORK – LIQUIDATED DAMAGES (a) Liquidated Damages
(1) It is agreed by the parties to this Contract that time is of the essence. In the event all the Work is not completed before or upon the expiration of the time limit as set in the Bid, Contract and/or Progress Schedule, or within any time extensions that may have been granted, damage will be sustained by the City; and that it may be impracticable to determine the actual amount of damage by reason of such delay. Accordingly, it is agreed that the Contractor shall pay to the City as damages the amount set forth for each and every day’s delay in finishing the Work in excess of the number of days specified. Liquidated damages shall be paid at a rate of two thousand five hundred dollars ($2,500.00) 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. 236
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The Contractor shall make its own arrangements for the disposal of waste materials. If the Contractor elects to dispose of such materials on private property, Contractor shall obtain written permission from all property owners involved.
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SECTION 7

MEASUREMENT AND PAYMENT

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

7.02. SCOPE OF PAYMENT
(a) The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the Work according to the Specifications and Plans. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. (b) No compensation will be made in any case for loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements.
(c) The Work includes the preparatory work and operations needed for mobilization and demobilization of the Project. The Work, however, does not include establishing the Engineer’s field facility(s) of utility work and connections needed for these facilities.

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

7.04. PROGRESS PAYMENTS
(a) The City will pay the Contractor ninety-five percent (95%) of the amount of each progress estimate within thirty (30) days after receipt of an undisputed and properly submitted progress estimate from the Contractor, unless the City has made a finding prebid pursuant to Public Contract Code section 7201(b)(4) justifying a larger retention. If the City fails to pay an undisputed progress estimate within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (A) of section 685.010 of the Code of Civil Procedure. Five percent (5%) of the amount of each estimate shall be retained by the City until final completion and Acceptance of all work under the Contract. (b) Upon receipt of a payment request, the City shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the progress estimate is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. (c) The number of days available to the City to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (b).
(d) The Contractor may, in accordance with the provisions of Public Contracts Code section 22300, substitute securities for any monies which the City may withhold to insure performance under the Contract.
(e) When, in the judgment of the Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Engineer’s judgment the total amount of the Work done since the last estimate amounts to less than one thousand dollars ($1,000.00), no pay estimate will be prepared and no progress payment will be made.
(f) No progress estimate or payment shall be considered to be an approval or Acceptance of any work, materials or equipment. Estimated amounts and values of work done and materials and equipment furnished will be conformed with actual amounts and values as they become available in subsequent progress estimates, progress payments and the final estimate and payment. All estimates and payments will be subject to correction in subsequent progress estimates and payments and the final estimate and payment.
(g) It is mutually agreed between the parties to the Contract that no payments made under the Contract, including progress payments and the final payment shall be evidence of the performance of the Contract, either wholly or in part, and no 240
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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 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. 241
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7.08. RIGHT TO WITHHOLD PAYMENTS
(a) In addition to all other rights and remedies of the City hereunder and by virtue of the law, the City may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonably be necessary to protect the City from loss on account of:
(1) Defective work not remedied, irrespective of when any such work be found to be defective;
(2) Claims or liens filed or reasonable evidence indicating probable filing of claims or liens including, but not limited to claims under Sections 1775, 1776, or 1777.7 of the Labor Code;
(3) Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to Subcontractors and/or suppliers; (4) A reasonable doubt that the Work can be completed for the balance then unearned;
(5) A reasonable doubt that the Contractor will complete the Work within the agreed time limits;
(6) Costs to the City resulting from failure of the Contractor to complete the Work within the proper time; or
(7) Damage to work or property.
(b) Whenever the City shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefor will be given the Contractor. After the Contractor has corrected the enumerated deficiencies, the City will promptly pay to the Contractor the amount so withheld.

When monies are withheld to protect the City against claims or liens of mechanics, material men, Subcontractors, etc., the City may at its discretion permit the Contractor to deliver a surety bond in terms and amount satisfactory to the City, indemnifying the City against any loss or expense, and upon Acceptance thereof by the City, the City shall release to the Contractor monies so withheld.

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

7.10. FINAL RELEASE
Final payment to the Contractor in accordance with the final estimate is contingent upon the Contractor furnishing the City with a signed written release of all claims against the City arising by virtue of the Contract. Disputed Contract claims in stated amounts may be specifically 242
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excluded by the Contractor from the operation of the release. The release shall be in substantially the form specified in California Civil Code section 8138. 243
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PART 6 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 Division 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. Work within State right of way shall be performed in accordance with the current State of California Department of Transportation Standard Specifications.

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 Standard Specifications, in that order.

The following provisions apply to use of or reference to the State of California Department of Transportation Standard Specifications:

1. None of the “General Provisions” of the State of California Department of Transportation 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 State of California Department of Transportation 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 State of California Department of Transportation Standard Specifications is deemed to mean “City”, “Owner” or “Architect/Engineer” or Owner’s designated representative.

4. Any reference to the “State” in the State of California Department of Transportation Standard Specifications is deemed to mean “City” or “Owner.” City Standard Specifications are available online at:
https://www.cityofwestsacramento.org/government/departments/communitydevelopment/development-engineering-division/documents 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 of California Department of Transportation Standard Specifications are available online at:
https://dot.ca.gov/programs/design/ccs-standard-plans-and-standardspecifications

5. This Contract is funded in whole in part through grant funds received under the following grant: ARPA (the “Grant”), the terms of which are incorporated 247
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herein. Copies of the Grant and any related materials will be made available to Consultant, and Consultant shall ensure that its performance under this Contract, and that of any subcontractors, conforms to the requirements of the Grant. 248
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SECTION 1

DEFINITIONS & TERMS

1.04. DEFINITIONS
Add the following to section 1.04:

Laboratory – Material Testing Laboratories authorized by the City Engineer, or representative of the City to test materials and the work completed during the course of completing the construction project.
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SECTION 2

SCOPE OF WORK

2.01. INTENT OF CONTRACT DOCUMENTS
Revise Section 2.01 paragraph (5) to read:

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: Contract Drawings; Technical and Supplemental Conditions (Special Provisions); Addenda; General Conditions; City of West Sacramento Standard Specifications; State of California Department of Transportation Standard Specifications 2018; Shop Drawings; Change Orders; Request for Addenda; Shop Drawings, Contract Drawings, Technical Specifications and Supplemental Conditions (Special Provisions); Designation of Subcontractors; Construction Contract; General Conditions; City of West Sacramento Standard Specifications; State of California Department of Transportation Standard Specifications 2018.

Add the following to Section 2.01:

The proposed work to be performed under this contract consists of the furnishing of all labor, equipment, materials, and incidentals necessary to complete the work of the “Fire Station 45 Improvements as shown on the plans and/or specified herein.

The Contractor shall provide labor, materials, tools, equipment, and incidentals, and shall perform all work necessary to deliver a completed, workmanlike project ready for safe public use and economical maintenance by City forces.

The Contractor shall diligently execute the work to completion that is identified on the Contract Plans and specified herein regarding Fire Station 45 Improvements . All work shall be completed within Ninety (90) working days from the date designated on the Notice to Proceed.

2.04. PROCEDURES AND ALLOWABLE COSTS ON CHANGES AND ADDITIONS TO WORK
Revise Section 2.04 to read:
(a) Forms of Payment
The City shall have the right to require the performance of any change in, or addition to, the Work even if it will result in an increase in the contract sum. 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 proposal and acceptance of an agreed upon lump sum (3) On a time and materials basis;
(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 252
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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 therefore. 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.

The Contractor's proposal shall be itemized and segregated by costs of labor, equipment and materials for the various components of the change (Labor Costs shall be set out by each component described below. 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.
(2) Computation of Labor Costs.

The portion of the proposal relating to labor costs, whether by the Contractor's forces or the forces of any of its Subcontractors, may include the projected actual wages (employee’s hourly salary plus employer paid fringe benefits- employer payment to or on behalf of the workers for health/welfare, pension, and vacation) of the reasonably anticipated Site labor, including foremen, who will be directly involved in the change in the Work. These projected actual wages shall not include charges for assistant superintendents, superintendents, office personnel, timekeepers and maintenance mechanics.

Labor costs may also include 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. The Labor Surcharge 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.
(3) 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.
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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 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. These costs shall not include charges for listed equipment or major tools with a new cost of $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.
(4) Overhead and Profit.

The lump sum proposal may include up to fifteen percent (15%) of the Labor Costs and Equipment and Material Cost, as overhead and profit for the Contractor (such overhead and profit to include all small tools).

No other mark-ups shall be allowed hereunder.
(5) Subcontractors.

The lump sum proposal may include up to five percent (5%) of the amount, which the Contractor will pay to any of its Subcontractors for the change in the Work as allowable overhead and profit to the Contractor. (6) Failure to Submit Lump Sum Proposal.

In the event that the Contractor fails to submit its proposal within the designated period, the Engineer may direct the Contractor to proceed with the change or addition to the Work and the Contractor shall so proceed. The Engineer shall unilaterally determine the reasonable costs and time to perform the work in question, which determination shall be final and binding upon the Contractor.
(7) Failure to Agree on Lump Sum Amount.

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.
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(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 Time and Material Basis
If the City elects to have the change or addition to the Work performed on a time and material basis, the Work shall be performed, whether by the Contractor's forces or the forces of any of its Subcontractors or Sub-subcontractors, at the City allowed costs. City allowed costs include actual wages, labor surcharge, equipment, materials and overhead and profit as defined herein. Allowed costs shall not include any charge for administration, clerical expense, supervision or superintendence of any nature whatsoever, or the costs, use or rental of tools or plant. Allowed labor costs for time and material work shall be computed as follows:
(1) Computation of Labor Costs.

Labor costs, whether by the Contractor's forces or the forces of any of its Subcontractors, may include the actual wages (employee’s hourly salary plus employer paid fringe benefits- health/welfare, pension, and vacation), including foremen, who will be directly involved in the change in the Work. The actual wages shall not include charges for assistant superintendents, superintendents, office personnel, timekeepers and maintenance mechanics. Labor costs may also include 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. The Labor Surcharge 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.
(2) Computation of Equipment and Materials Costs.

The direct costs to the Contractor or to any of its Subcontractors of materials purchased for incorporation in the change in the Work. This may also include transportation and applicable sales or use taxes. The Contractor's and any of its Subcontractors' 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 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. These costs shall not include charges for listed equipment or major tools with a new cost of $500.00 or less. No time charges shall be allowed except for 255
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equipment actually used for the proper and efficient performance or completion of the authorized change in the Work.
(3) Overhead and Profit.

Time and material work may include up to fifteen percent (15%) of the Labor Costs and Equipment and Material Cost, as overhead and profit for the Contractor (such overhead and profit to include all small tools).

No other mark-ups shall be allowed hereunder.
(4) Subcontractors.

Time and material work 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.

The Contractor shall submit to the City Daily Extra Work Reports 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 (employee names, social security numbers, classification, hours worked, actual wages), the material used (material invoices/tickets), the equipment rented- not tools (rental invoice) and such other evidence of cost as the City may require.

The City shall 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 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) Payment on 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 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 256
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insurance payments, state unemployment insurance payments and state training taxes, made necessary by the force account work. (2) For equipment, the Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date the work is performed, regardless of ownership or any rental agreement entered into by Contractor for such equipment. The rental rate paid in accord with said publication shall be deemed to include the cost of fuel, oil, lubrication, supplies, small tools, attachments, repairs and maintenance, depreciation, storage and insurance for said equipment. Rental time will not be paid when equipment is inoperable due to breakdowns, repairs or maintenance. Payment for loading, transporting and unloading time will be in accordance with the State Standard Specifications 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.
(f) 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 Sub257 Supplemental Conditions
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subcontractors or any other person may incur as a result of delays, interferences, suspensions, changes in sequence or the like, for whatever cause, whether reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable, arising from the performance of any and all changes in the work performed pursuant to this Section. It is understood and agreed that the Contractor's sole and exclusive remedy in such event shall be recovery of its direct costs as compensable hereunder and an extension of the time of the Contract, but only in accordance with the provisions of the Contract Documents.

It is expressly agreed that Contractor shall not be entitled to claim damages for anticipated profits on any portion of the Work that may be deleted. The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section 3.24 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.
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SECTION 3

CONTROL OF WORK

3.02. DRAWINGS
Revise Section 3.02(a) to read:
(a) Drawings furnished herewith are for bidding purposes. The Engineer will furnish the Contractor, free of charge, two (2) sets (one for As-Built Drawings) of the Project Plans and Specifications for the execution of the work. Additional copies, beyond two sets, may be obtained by the Contractor from http://www.ciplist.com.

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.

3.03. CONSTRUCTION STAKING AND SURVEYS
Revise Section 3.03 to read:

This work shall consist of furnishing and setting construction stakes and marks by the Contractor to establish the lines and grades required for the completion of the work as shown on the plans and as specified in the Standard Specifications and these Special Provisions.

Except as provided herein for establishment of horizontal and vertical control, all other specifications, including the requirements in Section 5-1.26 “Construction Surveys”, of the State Standard Specifications, which requires the establishment of lines and grades by the Engineer shall not apply to this contract.

The Contractor shall submit proposed procedures, methods, equipment, and typical stake markings to be used, in writing to the Engineer, before setting any stakes or marks.

Construction staking shall be performed as necessary to control the work. Construction stakes and marks shall be furnished and set with accuracy adequate to assure that the completed work conforms to the lines, grades, and sections shown on the plans. Coordinates for centerlines or layout lines and right-of-way lines, if required, will be furnished by the Engineer under separate documents to the Contractor for his use in performing the construction staking.

The Contractor shall make all computations necessary to establish the exact position of the work from control points. All computations, survey notes, and other records necessary to accomplish the work shall be neat, legible, and accurate. Copies of such computations, notes, and other records shall be furnished to the Engineer prior to beginning work that requires their use.

The Contractor shall remove construction stakes and any markings placed for the purpose of this project by the Contractor from the site of the work when no longer needed.

The Contractor shall be responsible for the protection of all existing survey monuments and other survey markers during construction. All such monuments or markers destroyed during construction shall be replaced at the Contractor’s expense.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing construction staking, as shown on the plans, as specified in these Special Provisions, and as directed by the Engineer shall be considered as 260 Supplemental Conditions
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included in the contract prices paid for various contract items of work involved and no additional compensation will be allowed therefore.

3.06. COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS Add the following to Section 3.06:
(c) Prior to the issuance of the Notice to Proceed, a pre-construction conference will be held at the office of the Public Works Department for the purpose of discussing with the Contractor the scope of work, Contract drawings, Specifications, existing conditions, materials to be ordered, equipment to be used, the project schedule, the traffic control plan, and all essential matters pertaining to the execution and the satisfactory completion of the project as required. The Contractor's representatives at this conference shall include all major superintendents for the work and shall include major sub-contractors. The pre-construction conference will be held within ten (10) calendar days of council award of contract.

3.19. LANDS FOR WORK, RIGHT-OF-WAY, CONSTRUCTION ROADS
Revise Section 3.19(a) to read:
(a) The City will provide the lands, easements, and right-of-way necessary or other rights to enter and work on lands necessary for the performance of the Work.

However, the Contractor will be required to obtain a Caltrans encroachment permit to enter and work within State right-of-way.

The City has a lease agreement with the State of California for the State right-ofway beneath the US 50 bridge between Fifth Street and the Sacramento River.

The Contractor will be allowed to use this land for staging and/or construction as permitted in the lease agreement. The lease agreement is included in the Appendix. 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.

Add the following to Section 3.19(b):

The sites of work for the “RIVERFRONT STREET EXTENSION” lie within the property, rights-of-way, and easements owned by the City of West Sacramento. The locations and limits of work are shown on the plans for this project.
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SECTION 4

CONTROL OF MATERIALS

4.04. CERTIFICATES OF COMPLIANCE
Revise Section 4.04(a) to read:
(a) A Certificate of Compliance shall be furnished prior to the use of any materials for which the Caltrans LAPM Exhibit 16T 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.

Add the following to Section 4:

4.05 BUY AMERICA
Section 6-1.04 “Buy America” of the State Standard Specifications includes Buy America provisions for crumb rubber, steel, and iron materials. Buy America provisions apply unless the special provisions indicate otherwise.
(a) Crumb Rubber
Buy America requirements apply to crumb rubber incorporated into the work. The crumb rubber must be produced in the United States and derived from waste tires taken from vehicles owned and operated in the United States. A certificate of compliance shall be submitted with furnished crumb rubber showing compliance with Buy America requirements.
(b) Steel and Iron Materials
Buy America requirements apply to steel and iron materials permanently incorporated into the work. This includes steel and iron components of a manufactured product regardless of the overall composition of the manufactured product. For example, Buy America applies to the steel welded wire reinforcement or steel reinforcing components of a precast reinforced concrete pipe.

The steel and iron materials must be melted and manufactured in the United States, except that foreign pig iron or processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials.

Manufacturing begins with the initial melting and mixing and continues through the bending and coating stages. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

The manufacturing process for a product with steel or iron content is considered complete when the product is ready for use in items such as fencing, posts, and girders. It could also be considered complete if the material is installed as a component of a more complex product through further assembly, as is the case for a traffic signal head. The final assembly process does not need to be 262
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accomplished domestically as long as the steel or iron component is only installed and no manufacturing process is performed on the steel or iron component.

A certificate of compliance from the manufacturer, not the Contractor, showing compliance with Buy America requirements must accompany products with steel or iron content.

The City and Caltrans do not have the authority to allow the use of foreign steel and iron content in products subject to Buy America in federal-aid projects without FHWA approval, except under the minimum-use rule. The California FHWA division administrator may grant waivers only upon receiving concurrence from FHWA headquarters in Washington, D.C.

Approval or denial may take several months.

Approval by FHWA of the waiver is required prior to allowing foreign steel or iron that exceeds the minimum-use rule into the project. Lack of an FHWA-approved waiver can result in the loss of all federal funds for the project.
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SECTION 5

LEGAL RELATIONS AND RESPONSIBILITY

5.07. UNDERGROUND UTILITIES
Add the following Subsections to Section 5.07:
(h) 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. Regional Notification Centers include, but are not limited to, Underground Service Alert-Northern California (USA) at 1-800-227-2600.
(i) The Contractor is responsible for having a Utility Locator mark the location of all underground facilities outside of the City street right-of-way prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures on any private property.
(j) Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in locating existing underground facilities within the City right-of-way and on private property as specified in these Special Provisions shall be considered as included in the contract prices paid for various contract items of work involved and no additional compensation will be allowed therefore.
(k) 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.

5.08 WATER POLLUTION
Add the following to Section 5.08:

Before starting any work on the project, the Contractor shall submit, for acceptance by the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) to control water pollution effectively during construction of the project. The SWPPP shall show all water pollution control measures which the Contractor proposes to take in connection with the construction of the project to minimize the effects of construction runoff during operations. The contractor shall not perform any clearing or grubbing or earthwork on the project, other than that specifically authorized in writing by the City Engineer, until the program has been accepted and implemented. This project has SWPPP Risk Level 2.

Submittal: Storm Water Pollution Prevention Plan (SWPPP) The provisions in Section 13 “Water Pollution Control” of the State Standard Specifications shall apply to this contract. The SWPPP shall specify Best Management Practices (BMPs) that will prevent all construction pollutants from contacting storm water before, during, and post-construction with the intent of keeping all products of erosion from moving off site into receiving waters. Work also includes complying with the project Storm Water Pollution Prevention Plan provisions and providing a Storm Water Pollution Prevention Plan which shall be on site during the duration of the project at all times. All work shall conform to City Standard Specifications and Details, the State of California Department of Transportation Standard 264 Supplemental Conditions
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Specifications, these Special Provisions, the California Environmental Protection Agency, and as directed by the City Engineer.

5.10 PERMITS AND LICENSES
Add the following to Section 5.10:

The Contractor shall possess a Class "B" General Contractor's License in the State of California.

The Contractor is responsible for obtaining a City of West Sacramento business license and furnishing a copy to the Engineer prior to the commencement of work.

The Contractor is responsible for obtaining all required Permits to do the work and complying with all conditions and requirements of the permit. The Contractor will pay all fees for permits.

5.12. PUBLIC CONVENIENCE
Revise Section 5.12(a) to read:
(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.

NOTIFICATION OF RESIDENTS AND BUSINESSES: Proper and timely notification of residents and businesses in the project areas is of utmost importance to the City. It is the responsibility of the Contractor to ensure that all residents and businesses receive written notice detailing streets, description of work, dates and hours of work, at least forty-eight (48) hours prior to the commencement of work. If the Contractor anticipates any delay in the work that exceeds the forty-eight (48) hour notice, the Contractor shall submit another notice to the resident or business indicating the extended window of delay. There shall be a limit of no more than forty-eight (48) hours for the extended window notification.

The Contractor shall make every reasonable effort to ensure that written notification is received and acknowledged by residents and businesses located in the construction zone. The notification must 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.

Submittals: Notification to residents and businesses shall be submitted to the Engineer five (5) business days prior to the start of the notification period.

Notification to residents and businesses of extension of delay shall be submitted to the Engineer five (5) business days prior to the start of the notification period.

The Contractor shall maintain property access to all residences, businesses and schools at all times unless approved otherwise by the Engineer. All portions of driveway, concrete, and sidewalk removed during progress of work shall be replaced within a maximum of (5) days after concrete is removed and box is ready to be placed. The section removed and adjacent section around the box and driveway shall be backfilled with Class II Aggregate base to finish grade until concrete is poured. Notification shall be made to the resident or business at least fortyeight (48) hours prior to commencement of work and shall include when the concrete will be poured and completed.
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Upon approval by the City Engineer, access to certain properties may be temporarily closed if all of the following conditions can be met:
1) No options exist to maintain property access and complete the project. 2) Contractor has discussed the closure with the business owner in person. 3) Residents or business owners have been notified in writing at least seven (7) calendar days in advance of the time and length of closure. 4) Residents or business owners have been reminded of the closure in writing at least two (2) working days prior to the actual closure.
5) Contractor has provided business with a contractor name and number to call with questions regarding the closure.

The Contractor shall inform the City Fire and Police Departments, Yolo Bus, Washington Unified School District, and Waste Management at least two (2) working days prior to the commencement of construction activities.

The Contractor shall not impair or impede refuse and recycling operations scheduled to be conducted within the project area. It is the Contractor's responsibility to determine which waste hauler and recycling operators are scheduled to operate within the project area and to develop a project schedule that will not impair or impede the waste hauler or recycling operations. The Contractor shall inform all residents not to leave yard waste on the street until the scheduled pick-up day. If the yard waste is left on the streets, it shall be the Contractor's responsibility to remove or arrange for proper removal of the items at no additional cost to the City. Likewise, if the waste hauler or recycling operations must return for pick-up due to Contractor activity, any additional charges shall be the responsibility of the Contractor.

Full compensation for notifications shall be considered as included in the contract lump sum price paid for Traffic Control System and the various contract items of work involved and no additional compensation will be allowed therefore.

Revise Section 5.12(d) to read:
(d) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.

Noise control shall conform to the provisions in Section 14-8.02, "Noise Control" of the State Standard Specifications and these Special Provisions. This requirement in no way relieves the Contractor from responsibility for complying with all ordinances regulating noise level.

The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

Revise Section 5.12(f) to read:
(a) 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 266
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to a fire hydrant permit issued by the Engineering Division of the City of West Sacramento.

Air pollution control shall conform to the provisions in Section 14-9.02, "Air Pollution Control," of the State Standard Specifications.

Dust control shall conform to the provisions in Section 14-11.04, "Dust Control," of the State Standard Specifications and these Special Provisions.

All mud and debris shall be removed by regular sweeping and vacuuming in the construction area and along the materials hauling routes. All materials transported by truck shall be covered or wetted down. All inactive portions of exposed construction or staging site shall be watered with appropriate dust suppressant or covered. During periods of high winds when dust control measures are unable to avoid visible dust plumes, all earthmoving or other dustproducing activities shall be suspended. Sweeping activities shall conform to the provisions in Section 13-4.03F, “Sweeping,” of the State Standard Specifications.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

Revise Section 5.12(h) to read:

All traffic control shall be in accordance with 2018 State of California Standard Specifications, Section 7 (Legal Relations and Responsibility to the Public) and Section 12 (Temporary Traffic Control), the State of California, Department of Transportation Construction Manual (Latest Edition) and this Section 5.12.

Add the following to Section 5.12(h)(1):
(1) Prior to starting work, the Contractor shall submit to the Engineer a proposed detailed Traffic Control Plan (TCP) for approval. The TCP shall include, but not limited to, signing, pavement markings, construction scheduling, temporary barricades, methods and devices for permanent and temporary delineation and channelization, placement and maintenance of devices, roadway lighting, traffic regulations, surveillance and inspection, and be in accordance with the State of California, Department of Transportation Standard Specifications 2018 and the California Manual on Uniform Traffic Controls Devices (California MUTCD- latest edition adopted) and this section. The TCP shall be submitted to the Engineer at least five (5) working days prior to the start of work to allow for an approved TCP a minimum of two (2) working days prior to the start of any work.

Submittals: A TCP complete with diagrams and narrative shall be submitted by the Contractor and approved by the Engineer prior to the commencement of work.

All proposed street closures shall be clearly identified in the TCP and shall conform to the section “Traffic Control Devices and Procedures” and these Special Provisions. Construction area signs for street closure and detours shall be posted a minimum of five (5) days prior to the commencement of street closure. The Contractor shall maintain safe pedestrian traffic through the project limit at all times.

Revise Section 5.12(h)(2) to read:
(1) Traffic Control Devices and Procedures. Traffic control devices and procedures shall conform to the California Manual on Uniform Traffic 267
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Control Devices (California MUTCD), Part 6 and this Section 5.12. Noncompliance with any stipulation of this section will be justification for the City to stop work.

Construction area signs shall be furnished, installed, maintained, and removed when no longer required by the Contractor in accordance with the provisions in Section 12, "Temporary Traffic Control" of the State Standard Specifications and these Special Provisions.

The Contractor shall install all construction area signs as shown on the TCP within two (2) working days of issuance by the City of the Notice to Proceed for the Contract, unless otherwise approved by the Engineer.

The Contractor shall notify the appropriate regional notification center or operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to commencing any excavation of construction area sign posts. Regional notification centers include but are not limited to the following:

Notification Center Telephone
Underground Service AlertNorthern California (USA)1(800) 227-2600 All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes.

Utility denotations placed within project limits shall be removed prior to completion of work.

Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under "Prequalified and Tested Signing and Delineation Materials" in Section

20.09 of Division IV of the City Standard Specifications.

Type IV retroreflective sheeting for sign panels for portable construction area signs shall conform to the requirements specified under "Prequalified and Tested Signing and Delineation Materials" in Section

20.09 of Division IV of the City Standard Specifications.

Full compensation for providing all of the labor, tools, equipment, materials and incidentals and for doing all the work involved in construction area signs shall be considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.

Barricades shall be furnished, placed, and maintained at the locations designated by the Engineer, or as required by construction work shown on the plans and shall conform to the provisions in Section 12, “Temporary Traffic Control” of the State Standard Specifications and these Special Provisions.

Portable delineators shall be furnished, placed, and maintained at the locations designated by the Engineer, or as required by construction work shown on the plans and shall conform to the provisions in Section 268
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12, “Temporary Traffic Control” of the State Standard Specifications and these Special Provisions.

Type II retroreflective sheeting for stripes on barricade rail faces shall conform to the requirements specified under “Prequalified and Tested Signing and Delineation Materials” in Section 20.09 of Division IV of the City Standard Specifications.

Construction area signs conforming to the requirements in Section 12-3, “Temporary Traffic Control Devices” of the State Standard Specifications shall be installed on barricades as directed by the Engineer at the locations or as required by construction work shown on the plans.

Full compensation for furnishing, installing, maintaining, and removing barricades and portable delineators, and mounting and removing construction area signs on barricades shall be considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.

Traffic Cones shall conform to the provisions in Section 12-3.02, “Traffic Cones,” of the State Standard Specifications.

The type of reflective cone sleeves used shall be at the option of the Contractor. However, only one type of reflective cone sleeve shall be used on the project.

Lane closures shall conform to the provisions in Section 5.12(h)(4) below.

Work shall not commence at any given location until warning signs, appropriate traffic control devices and flaggers, if required, are in proper position and approved by the Engineer. All signs shall be reflectorized and be visible and legible for a distance of three hundred (300) feet at night. Flaggers shall be stationed at cross streets where necessary.

The Contractor’s failure to comply with the above requirements will be sufficient cause for the Engineer to immediately suspend work until compliance is achieved.

Personal vehicles of the Contractor’s employees shall not be parked in the traveled way including any section closed to public traffic.

Flaggers are mandatory at locations where equipment is intermittently blocking a traffic lane, or where only one lane is available for twodirection traffic. One flagger is required for each direction of traffic affected where only one lane is available or when required by the Engineer. When less than 20 feet of street width is available for twodirectional traffic, one lane control shall be imposed with appropriate flaggers. Flaggers shall wear approved distinctive clothing. Flaggers shall be provided with the necessary equipment in accordance with the current “Instructions to Flaggers” of the California Department of Transportation.

Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at twenty-five (25) foot intervals to a point not less than twenty-five (25) feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign 269
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shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.

The Contractor shall be solely responsible for traffic control, and noncompliance with any stipulation of this section will be justification for the City to stop work.

Revise Section 5.12(h)(3) to read:
(1) 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 day of the week and the hours of no parking, Contractor's phone number, the City of West Sacramento Construction Inspection 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 used for on-street parking at 100 feet intervals. 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.

Submittals: Notice for the Elimination of On-Street Parking shall be submitted by the Contractor a minimum of five (5) days
prior to the start of the notification period. The Engineer will approve the notice prior to the start of the notification period.

Full compensation for the elimination of on-street parking shall be considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.

Revise Section 5.12(h)(4) to read:
(2) 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. Ramp closures will be allowed per Technical Specification Section 25 “Lane Closure”.

Traffic Control System shall include closing of traffic lanes in accordance with construction work shown on the plans, the provisions of Section 12, “Temporary Traffic Control,” of the State Standard Specifications, and these Special Provisions.

The provisions in this section will not relieve the Contractor from the responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7 1.04, “Public Safety,” of the State Standard Specifications or as directed by the Engineer.

Each vehicle used to place, maintain and remove components of a traffic control system on multilane highways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with Type II flashing arrow sign not involved in placing, maintaining, or removing the components when operated within a stationary type lane closure shall only display the caution display mode.

The sign shall be controllable by the operator of the vehicle while the 270 Supplemental Conditions
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vehicle is in motion. The flashing arrow sign shall not be used on the vehicles which are doing the placing, maintaining, and removing, of components of a traffic control system, and shall be in place before a lane closure requiring its use is completed.

If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component and shall restore the component to its original location.

When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder.

Full compensation for providing the lane closures for construction work shown on the plans (including signs) shall be considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.

Add the following to Section 5.12(h)(5):
(3) In lieu of the provisions in Section 12-1.04 of the State Standard Specifications, all costs associated with flaggers or pilot vehicles shall be included in the contract lump sum price paid for Traffic Control System and no separate payment will be made therefore.

Traffic control required by work which is classified as extra work, as provided in Section 4-1.05 of the State Standard Specifications, will be paid for as a part of said extra work.

Full compensation for providing all of the labor, tools, equipment, materials and incidentals and for performing all the work involved in maintenance of traffic and public safety required under this Section of these Special Provisions shall be considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.

Full compensation for notifications shall be considered as included in the contract lump sum price paid for “Traffic Control System” and the various contract items of work involved and no additional compensation will be allowed therefore.

5.14 SAFETY
Revise Section 5.14(a)(6) to read:
(6) The Contractor shall submit a health and safety plan to the Engineer prior to commencement of the Work. This health and safety plan shall describe all first aid, safety clothing, etc. to be used at the Project Site. The health and safety plan shall also include measures to control worker exposure to soil and measures to control airborne dust, prevent soil ingestion, and control runoff, as described in the Phase II Site Assessment, included in the Appendix.

Submittals: The Contractor shall provide a Health and Safety Plan prior to start of construction.
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5.18 RESPONSIBILITY FOR REPAIR OF FACILITIES
Add the following to Section 5.18:

The Contractor shall be required to document all existing structures, facilities, frontages, and backyards including curb & gutter, sidewalk, driveways, fences, patios, walkways and landscaping on video and/or digital photos. The videotape will be used to determine damages caused by the Contractor’s construction operations that will be repaired at the Contractor’s cost.

It is to the Contractor’s advantage to have a detailed video of any existing damage so that its cause will not be disputed. Any damages to existing structures, facilities, frontages and backyards not clearly depicted in the video will be the responsibility of the Contractor to repair at his cost. A copy of said video tape shall be submitted to the City prior to the start of construction.

Submittals: The Contractor shall provide a Video and Digital Photos of Existing Improvements prior to start of construction.

5.23. HISTORICAL, SCIENTIFIC AND ARCHEOLOGICAL DISCOVERIES Add the following to Section 5.23:

The Contractor shall stop work and report immediately to the Engineer in case of discovery of human remains.

The Contractor shall stop work and report immediately to the Engineer in case of inadvertent discovery of archaeological resources.

5.24. BIOLOGICAL RESOURCES
Add the following Section 5.24:

A. Prior to initiation of any site disturbance activities between February 15 and September 15, the Contractor shall have a qualified biologist conduct a survey of the area within one-quarter (.25) mile of all site disturbance activities to establish the presence or absence of nesting Swainson’s hawks. These surveys shall be conducted in accordance with guidelines provided in Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in the Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). If more than 14 days occur between performance of the preconstruction survey and the start of site disturbance activities, the survey shall be reconducted.

If no nesting is found, significant impacts are not anticipated and no further mitigation will be required for impacts to nesting Swainson’s hawks.

If any active nest is found within a 1/4-mile radius of the proposed construction site, California Department of Fish and Wildlife shall be notified and construction shall be avoided during the breeding/nesting period of the Swainson’s hawk or until the young are fledged. Alternatively, the City will work with California Department of Fish and Wildlife to develop a monitoring plan. Intensive monitoring of active nests would be conducted by a California Department of Fish and Wildlife -approved raptor biologist.

The purpose of the monitoring is to confirm that construction does not disturb the nest site. Exact implementation shall be coordinated with California Department of Fish and Wildlife and will be based upon specific information at the project site.

If a nest tree is to be removed and fledglings are present, the nest tree may not be removed until September 15 or until the California Department of Fish and Wildlife has determined that the young are no longer dependent on the nest tree. 272
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B. To avoid and minimize impacts on nesting special-status and non-special-status migratory birds and raptors, the Contractor shall implement the following surveys and restrictions.

If feasible, all tree and shrub removal and grading within annual grasslands will be conducted during the nonbreeding season (generally between August 16 and February 15 for most special-status and nonspecial-status migratory birds).

If construction activities are scheduled to occur during the breeding season (generally between February 15 and August 15), the Contractor shall retain a qualified wildlife biologist to conduct focused nesting surveys prior to the start of construction and within the appropriate habitat. The qualified biologist shall conduct a preconstruction nesting bird and raptor survey no more than 7 days before the onset of activities. During this survey, the qualified biologist shall inspect the trees, shrubs, and other potential nesting habitats in and immediately adjacent to the Project Area for nests. Trees within the construction work area and up to 500 feet outside the construction work area shall be surveyed for raptor nests (e.g., Swainson’s hawk and white-tailed kite).

If no active nests are detected during the survey, no additional measures are required and construction can proceed.

If surveys indicate that special-status or non-special-status migratory bird or raptor nests are in the survey area, a no-disturbance buffer shall be established around the site to avoid disturbance or destruction of the nest site until after the breeding season or after a qualified wildlife biologist determines that the young have fledged (usually late June to mid-July). The extent of these buffers shall be determined by the biologist (coordinating with California Department of Fish and Wildlife) and will depend on the level of noise or construction disturbance, line-of-sight between the nest and the disturbance, ambient levels of noise and other disturbances, and other topographical or artificial barriers.

These factors will be analyzed in order to make an appropriate decision on buffer distances. Suitable buffer distances may vary between species.

If construction activities are scheduled to occur within an area that supports an active nest site or within an established no-disturbance buffer, construction would be delayed until after the breeding season or until the young have fledged (as determined by the biologist).

C. A pre-demolition survey for bat species shall be performed by the Contractor prior to demolition or removal of any structure or tree. The survey shall be conducted no more than 48 hours prior to demolition or removal. The survey shall be performed at dusk hours (one hour before dusk and three hours after or other survey period determined by California Department of Fish and Wildlife to adequately determine whether a structure or tree is occupied by bat species) to observe any foraging bat exit and entry behavior from roost sites. Other signs of sites being occupied by bat species will also be noted. If bat species are determined to be present, California Department of Fish and Wildlife will be consulted to establish avoidance measures, which will be implemented. Avoidance measures may include establishment of buffer zones around occupied sites during the nursery season (May 1 through October 1). During the non-nursery season, roosting bats may be evicted from buildings proposed for demolition with consent from California Department of Fish and Wildlife.

D. The Project shall comply with the West Sacramento Tree Preservation Ordinance (City Ordinance Chapter 8.24).
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SECTION 6

PROGRESS AND COMPLETION OF WORK

6.01. PROGRESS SCHEDULE
Revise Section 6.01 paragraph 1 to read:

The Contractor shall provide a schedule describing in sufficient detail the activities of the contractor or any subcontractors working at the project site within ten (10) days after execution of the Contract. The schedule shall incorporate the number of working days, critical path, project approval turn-around times, along with City and public notification requirements. The Contractor shall submit look ahead schedules for each month that work is in progress. If the project goes five (5) working days out of schedule, an updated schedule must be re-submitted to the Engineer for approval. No progress payments will be made until a satisfactory schedule has been submitted and approved by the Engineer. If the Work falls behind the accepted schedule, the Contractor shall promptly take whatever actions are necessary to put 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.

Submittals: The Contractor shall provide a work schedule to the Engineer a minimum of five (5) days prior to the start of work.

6.02. COMMENCEMENT AND PROGRESS OF THE WORK AND TIME OF COMPLETION Add the following to Section 6.02(a)
The Contractor is required to limit their work within City right-of-way to between the hours of 7:00 a.m. and 5:00 p.m. and on private property between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday. No work will be allowed within City right-of-way or on private property outside of those hours without prior written approval of the Engineer. Work within City right-of-way on Saturdays and/or Sundays may be allowed between the hours of 8:00 a.m. and 5:00 p.m. with written approval from the Engineer. The hours and days of work may be altered, by the Engineer, to accommodate the efficient movement of traffic, or to minimize the interruption of utility services, without any additional compensation to the Contractor. The Contractor shall make any requests for approval from the Engineer for any work outside the allowed work hours a minimum of 72 hours in advance.

Work in State right-of-way shall follow the same work hours as those for work in City right-of-way, except that the Contractor will be allowed to perform work on the on- and off-ramps during hours permitted in the lane closure charts in Section 25 of the Technical Specifications.

The hours and days of work in State right-of-way may be altered by the Engineer or Caltrans without any additional compensation to the Contractor.

Add the following to Section 6.02(b)
The State Department of Transportation Working Day Calendar shall govern the Contract time and time of completion for this Contract. The term “working day” shall apply only to time of completion; all other references to days in the City Standard Specifications, State Standard Specifications and these provisions shall mean calendar days.

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

By submission of a bid by the Contractor to the City to perform the work, the Contractor declares that he has considered the amount of said liquidated damages and that he has determined that the amount of such liquidated damages is fair and reasonable.
(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 4.08(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
Add the following to Section 6.09:

The Contractor shall remove from the site and dispose of waste materials by proper means and in compliance with all laws and ordinances. All waste materials shall be removed from the site and disposed of by the Contractor by any proper means at his own expense unless designated otherwise on the plans. All waste materials shall be removed daily from the job site and no waste materials shall be placed in the public street right-of-way. The Contractor shall make his own arrangements for the disposal of waste material. If the Contractor determines to dispose of such materials on private property, he shall obtain written permission from the property owner(s) involved and shall provide the Engineer with a copy of the written permission prior to disposal.
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SECTION 7

MEASUREMENT AND PAYMENT

7.01 MEASUREMENT OF QUANTITIES
Revise Section 7.01(a) to read:
(a) Where the Contract provides for payment on a lump sum price basis, measurement of quantity will be based on a schedule of values provided by the Contractor. The schedule of values shall break out the components of the lump sum bid item. 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.

Revise Section 7.01(d) to read:
(d) Mobilization as defined by Pubic Contract Code section 10104 will be measured and payment shall be issued according to Pubic Contract Code section 10264.

Add Section 7.01(e) to read:
(e) At the end of each working day, Contractor and City Inspector shall meet to reconcile estimated field quantities completed that day. This information will be kept by the City Inspector in a daily quantity log and shall be initialed daily by Contractor and City representatives.

7.03 PROGRESS ESTIMATE
Revise Section 7.03 to read:

For each calendar month of Contract work, the Contractor will prepare a progress estimate of all work performed under the Contract. The progress estimate of all work performed under the Contract shall be accompanied by a quantity summary sheet, as determined by the City Engineer, for the bid items of work completed each day. Within the first ten (10) days of each succeeding calendar month, the Contractor will prepare in writing an estimate of the value of all work done under the Contract, including any amounts due the Contractor for Extra Work and Change Orders.

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.

7.11. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
Add Section 7.11 to read:

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 Public Contract Code 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, 277
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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.
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Technical Specifications
Riverfront Street Extension Page | 7-1
PART 7 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 State of California Department of Transportation Standard Specifications 2018 and 2018 Revised Standard Specifications, 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
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SECTION 3

EARTHWORK
Replace Section 3 with the following:

3.01 DESCRIPTION
Earthwork shall conform to Section 19 of the State Standard Specifications unless otherwise specified in these specifications.

3.02 GRADE TOLERANCE
Immediately prior to placing subsequent layers of material, the grading plane of the basement material shall not vary more than 0.05 foot above or below the design grade.

3.03 SUBGRADE STABILITY TEST
Density of subgrade shall be determined by Caltrans Standard Testing Methods.

3.04 CLEANING OF STREETS
It shall be the responsibility of the contractor to keep the project site clean, for removing all debris and rubbish from project site daily, and to remove all debris on adjacent public streets, daily or upon request, to the satisfaction of the City Engineer. Every effort shall be made to ensure that adequate measures are taken to prevent material from being deposited on City streets. Contractor may be issued a stop work notice for failure to comply with this requirement.

3.05 EROSION CONTROL
The Contractor is responsible for erosion control before, during, and after construction at the job sites. Such temporary and permanent erosion control shall consist of, but not be limited to installation of Best Management Practices (BMPs) such as waddles, inlet protection, staging area containment, hydroseeding, constructing such facilities, and taking such measures as are necessary to prevent, control, and abate water, mud, and erosion damage to public and private property as a result of the project.

By October 15th of each year, or earlier if conditions warrant, such temporary erosion control features as are necessary to prevent damage during the upcoming winter season shall be constructed and functioning to the satisfaction of the City Engineer.

Mud and silt shall be settled out of storm runoff before said runoff leaves the construction site or enters the City storm drain system, or a natural channel. All drain inlets, which may be affected by mud, silt, or dirt from the project, shall be adequately filtered to the satisfaction of the City Engineer. Contractor may be issued a stop work notice for failure to comply with this requirement.

3.06 CLEARING AND GRUBBING
Clearing and grubbing shall conform to Section 16 of the State Standard Specifications except as noted herein. The Contractor is responsible for clearing and grubbing vegetation, minor timber barricades, fences, sign posts, tree roots, and obstructions in the areas of indicated work.

Tree pruning shall be coordinated with the City Inspector and with the City Arborist if directed.

Existing vegetation outside the areas to be cleared and grubbed shall be protected from injury 281
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or damage resulting from the Contractor’s operations. Vegetation shall be cleared and grubbed only within the excavation and embankment slope lines. Activities controlled by the Contractor, except cleanup or other required work, shall be confined within the graded areas of the project.

Materials recovered from clearing and grubbing activities, and have been determined by the City Engineer to be salvaged, shall be returned to the City of West Sacramento Corporation Yard located at 1951 South River Road, West Sacramento, CA 95691.

3.07 GEOTECHNICAL
Geotechnical reports and recommendations specific to the project are included in the Appendix.

Special attention is drawn to preparation of the subgrade on Riverfront Street. Preparation of subgrade shall be performed under observation of the geotechnical engineer to ensure the material used and construction is conducive to infiltration. Inspections and testing of the sewer trench and subgrade overexcavation will be performed by the City Geotechnical Engineer. Other soil testing, compaction testing, etc. shall be the responsibility of the Contractor. Contractor shall allow the City Geotechnical Engineer a minimum of ten (10) working days after completion of subgrade preparation to perform testing for confirmation of minimum requirements.

Contractor shall not proceed beyond preparation of subgrade without confirmation in writing from the geotechnical engineer that infiltration requirements have been met. Contractor shall stage subgrade preparation to minimize reconstruction effort in the event infiltration requirements are not confirmed by testing.

A. Riverfront Street
Strongly cemented fill within the upper 1-4 feet of existing grade within the Riverfront Street Extension footprint was found during geotechnical testing, and was very difficult to excavate with a Case Series 2 Backhoe with 2-foot bucket (with rock teeth). This material is expected to require the use of a large excavator (CAT 320 excavator or equivalent) to facilitate the required overexcavation of this material. The remaining on-site soils should be readily excavatable with conventional earthmoving equipment.

Existing fill to depths of about 4 to 9½ feet were found within the subsurface explorations along the Riverfront Street Extension alignment. The fill contained varying amounts of rubble, organic ash and inorganic ash likely generated from past use of the corridor as a rice processing facility and recycled aggregate facility. This material is unsuitable for use as embankment and shall be removed.

Due to the close proximity to the Sacramento River, excessively over-optimum (wet) soil conditions and/or groundwater may be encountered. Groundwater was encountered approximately 12 feet below existing ground during test borings when the Sacramento River was at flood stage of 25 feet. Groundwater was not encountered during other test borings when the river level was at normal height of 7 feet. The Contractor shall notify the Geotechnical Engineer if wet soil conditions are found. The Geotechnical Engineer will provide mitigation measures, if needed.

3.08 ROADWAY EXCAVATION
The Contractor shall setback all excavations (including shored excavations) such that no excavation extends below a 3:1 (horizontal to vertical) imaginary plane extending outward and downward from the top of the adjacent bridge pile cap foundations within State right-of-way.

The contractor is also responsible for the protection of the existing bridge, facilities and other improvements. The impact of construction traffic vibrations, actual soil conditions exposed in the open excavations, seepage and/or groundwater conditions, surcharges adjacent to excavations, proximity of excavations to existing structures, and other factors that may 282
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promote excavation wall instability must be evaluated at the time of construction and excavation sloping/shoring adjusted accordingly.

A. Fifth Street and Universal Street
Roadway excavation along Fifth Street and Universal Street shall conform to Section 19 of the State Standard Specifications.

B. Riverfront Street – Added Alternative 1 and 2
Along Riverfront Street, the Contractor shall overexcavate and remove the existing material to a depth below the bottom of the new structural pavement section (bottom of Aggregate Base) as shown on the plans. Excavation required below the overexcavation depth for the installation of utilities shall be included as incidental in the price for other items.

Scarify eight (8) to 12 inches of the exposed subgrade soils below the overexcavation depth, moisture condition, and compact the soils to a minimum of 95 percent of maximum density as determined by Caltrans Test Method 216/231.

After compaction, proof roll the bottom of the excavation with a fully loaded water truck with a minimum of three passes and observe for any soil distress consisting of deformation, excessive rutting, pumping or other movement. This work should be performed in the presence of the Geotechnical Engineer. Over excavate these localized areas until competent soils are identified, place a subgrade enhancement geogrid, and place Class 2 Aggregate Base compacted to a minimum of 95 percent of maximum density as determined by Caltrans Test Method 216/231 until the subgrade elevation is achieved.

Place a Class B1 subgrade enhancement geotextile (or equivalent) with proper overlap over the entire bottom and sides of the over excavated areas.

Backfill with approved onsite materials or approved import borrow of material meeting the requirements of 3,09 IMPORT BORROW of these specifications until subgrade elevation for the structural sections is achieved. The top 12 inches of the subgrade directly below the pavement structural section shall be compacted to a minimum of 97 percent of maximum density.

Unsuitable material and on-site soil that cannot be used shall become the property of the Contractor unless otherwise directed by the Engineer.

Foundations, building pads, and columns/piers from the former rice mill facility have largely been removed from the project site. No buried remnants were encountered during preliminary excavation, but remnants may exist in spot locations. Approximate locations of these former structures are shown on the plans. The Contractor is hereby notified that these structures may be encountered during excavation activities, and that no additional compensation will be provided for additional labor or equipment for their removal.

3.09 IMPORTED BORROW
Imported borrow must meet the following requirements:
 No concentrations of organics, debris, and other deleterious materials.  Maximum particle size of 1-inch, with at least 75 percent passing the No. 4 Sieve, and at least 20% passing the No. 200 Sieve.283
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 Plasticity Index (ASTM D4318) less than or equal to 12.  Resistance Value (ASTM D2844) greater than or equal to 40 for imported borrow placed within the upper two (2) feet of finish pavement subgrade.

3.10 EMBANKMENT
The excavated on-site soil may be used as embankment provided it is free of debris, rubble, rubbish, organic ash or organic ash containing soil with greater than 2% organic matter by weight, and visible concentrations of vegetation, and has a maximum particle size of 3 inches.

The on-site soil must meet the requirements of Section 3.09 Imported Borrow to be used as embankment on Riverfront Street.

Place and compact on-site and imported borrow as follows:

1. Place fill in loose lifts no thicker than eight (8) inches prior to compaction.

2. Moisture condition fill to –1% to 2% above the optimum moisture content.

3. Compact fill to a minimum of 95 percent of maximum density as determined by Caltrans Test Method 216/231.

3.11 MEASUREMENT AND PAYMENT
Payment for cleaning of streets shall be included as incidental in the price of other items.

Payment for Water Pollution Control Plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, as shown on the plans, specified in these Special Provisions, or as directed by the City Engineer. No additional compensation will be allowed therefor.

Roadway excavation along Fifth Street and Universal Street, and along Riverfront Street to the bottom of the 6-foot overexcavation shall be paid for as Roadway Excavation.

Potholing and additional overexcavation below the 6-foot overexcavation depth on Riverfront Street shall be paid for as Roadway Excavation (Unsuitable Material).

Payment for subgrade enhancement geogrid and Class 2 aggregate base used as described in Roadway Excavation shall be included in the price paid for other bid items. 284
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SECTION 5

ENGINEERING FABRICS
Replace Section 5 with the following:

5.01 DESCRIPTION
This work shall include furnishing all the labor, materials, tools and equipment necessary to place the engineering fabrics in accordance with the approved plans and these specifications.

5.02 APPLICATION
A. Paving Fabric
Engineering fabrics shall conform to Section 39 of the State Standard Specifications and shall include pavement reinforcing fabric and light duty road stabilization fabrics. A Certificate of Compliance from the product manufacture for each type of engineering fabric used shall be furnished to the City Engineer. Engineering fabrics shall be furnished in protective covers to shield against ultraviolet rays, abrasion, and water.

B. Infiltration Geotextile Fabric
Mirafi 160N (or approved equivalent) filter fabric shall be used as a separation fabric between the crushed rock and any soil including subgrade, excavation sidewalls, and where fill (including aggregate base) will be placed over the aggregate. Overlap fabric at least 12 inches between rolls and at least 12 inches onto or beneath any adjacent concrete surface.

C. Subgrade Enhancement Geotextile
Subgrade enhancement geotextile shall be Class B1 and shall conform to Section 19 and Section 96 of the State Standard Specifications. Install geotextile with proper overlap per the State Standard Specifications or manufacturer's specifications, whichever is greater, over the entire bottom and sides of the over excavated areas.

D. Subgrade Enhancement Geogrid
Subgrade enhancement geogrid shall be placed in subgrade where directed by the Engineer. Subgrade enhancement geogrid shall be Tensar BX 1100 or approved biaxial geogrid equivalent conforming to Section 19 and Section 96 of the State Standard Specifications. Install geogrid per manufacturer's specifications, the State Standard Specifications, or as directed by the Engineer.
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SECTION 7

AGGREGATE BASE
Replace Section 7 with the following:

7.01 DESCRIPTION
Aggregate Base shall conform to Section 26 of the State Standard Specifications. Aggregate base shall be Class 2 with three quarter (3/4) inch maximum gradation. Thickness shown on the plans shall be the minimum section allowed.

7.02 CONSTRUCTION
Class II aggregate base shall be placed under the pavement structural section of hot mix asphalt, concrete sidewalk, curb, gutter, and all areas called out on the project plans. The finished subgrade shall be compacted to 95% relative compaction, prior to backfilling with Class II aggregate base. If subgrade cannot reach 95% relative compaction, the native soil shall be replaced with Class II aggregate base as required by the City Engineer. The finished grade immediately prior to placement of hot mix asphalt or concrete shall be compacted to 95% relative compaction. Relative compaction shall be tested under Caltrans Standard Testing Methods.

7.03 MEASUREMENT AND PAYMENT
The contract price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, as shown on the plans, specified in these Special Provisions, or as directed by the City Engineer. No additional compensation will be allowed therefor. 287
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SECTION 8

HOT MIX ASPHALT
Replace Section 8 with the following:

8.01 DESCRIPTION
All work shall conform to Section 39 of the State Standard Specifications. This work includes producing and placing hot mix asphalt (HMA) Type A. The aggregate for HMA Type A must comply with the ½-inch grading.

Items not addressed by these Specifications shall comply with Section 39, “Hot Mix Asphalt” of the State Standard Specifications.

Hot mix asphalt shall be produced and placed using the Standard process. All testing identified under section 39 shall be waved with the exception of gradation and compaction using Caltrans Standard Testing CT 202 and CT 375. City Engineer reserves the right to reinstitute any and all testing requirements should Hot Mix Asphalt be deemed substandard.

Use of reclaimed asphalt concrete shall conform to Section 30 of the State Standard Specifications.

HMA shall be spread in equal thicknesses according to the following:

Section Lift

0.15 ft - 0.20 ft Top Layer Thickness

0.15 ft - 0.25 ft Next Lower Layer Thickness

0.15 ft - 0.40ft All Other Lower Layer Thickness
Existing asphalt concrete surface shall be sawcut vertically in a neat straight line parallel with the travel lane or utility main and services where applicable, and the exposed edge shall be tacked with emulsion prior to paving.

Three (3) inch minimum HMA shall be placed unless existing sawcut section is greater. The greater depth shall be placed. HMA shall be spread and compacted in layers. The top layer of HMA shall be a minimum of 0.15 foot in compacted thickness.

Tack coats shall be penetration type emulsion conforming to Section 39 and 94 of the State Standard Specifications. Tack coat shall be homogeneous asphaltic emulsion type SS1 and shall be applied at a rate of 0.20 gallons per square yard of surface covered. A tack coat shall be required between asphalt concrete lifts and vertical sawcut surfaces of existing pavement, curbs, gutters, and construction joints in the surfacing against which additional material is to be placed, to a pavement to be surfaced, and to other surfaces designated by the Engineer.

Performance graded (PG) asphalt binder shall be PG 64-10 and shall conform to Section 92 “Asphalt Binders” of the State Standard Specifications. 289
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