West Sacramento City Council
July 19, 2023

WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR

AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
JULY 19, 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
5:30 PM Closed Session Call to Order
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 AMENDMENT#2 TO THE PROFESSIONAL SERVICES

CONTRACT WITH DEWBERRY FOR THE NORTH RIVERWALK TRAIL EXTENSION PROJECT (CIP 62111)
Objective: The objective of this report is to provide the City Council with sufficient information for approval of Amendment #2 to the professional services contract with Dewberry for Construction Management and Inspection Services for the North Riverwalk Trail Extension Project (CIP 62111).

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) Authorize the City Manager, or his designee, to execute Amendment #2 in the amount of $70,102.12 for the professional services contract with Dewberry for the North Riverwalk Trail Extension Project (CIP 62111) and (2) Authorize the City Manager to make contract amendments up to 10% ($7,010) of the contract amendment value.

3. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT #4 TO THE PROFESSIONAL SERVICES

CONTRACT WITH BENNETT ENGINEERING SERVICES FOR THE E & F STREETS FRONTAGE IMPROVEMENT PROJECT (CIP 15047) TO INCLUDE THE 5TH AND F STREETS TRAFFIC SIGNAL PROJECT (CIP 12018)
Objective: The objective of this report is to provide the City Council with sufficient information for approval of Amendment #4 to the professional services contract with Bennett Engineering Services for the E & F Streets Frontage Improvement Project (CIP 15047) to include the 5th and F Streets Traffic Signal Project (CIP 12018)
Recommendation: Staff respectfully recommends that the City Council: (1) Authorize the City Manager, or his designee, to execute Amendment 4 in the amount of $55,445 for the professional services contract with Bennett Engineering Services for the E & F Streets Frontage Improvement Project (CIP 15047) to include the 5th and F Streets Traffic Signal Project (CIP 12018); and (2) Authorize the City Manager to make contract amendments up to 10% ($5,545) of the total contract value.

4. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-59 AMENDING THE CAPITAL IMPROVEMENT PROGRAM; APPROVAL OF THE PROJECT PLANS AND SPECIFICATIONS; AND AWARD OF A CONSTRUCTION CONTRACT TO VSS INTERNATIONAL, INC. FOR THE

NEIGHBORHOOD PAVEMENT PRESERVATION PROJECT AND THE ARTERIAL STREETS PAVEMENT REPAIR PROJECT (CIPS 17026 &17021)
Objective: The objective of this report is to provide the City Council with sufficient information to consider adoption of Resolution 23-59 amending the Capital Improvement Program, approval of the project Plans and Specifications and award of a construction contract to the lowest responsive, responsible bidder, VSS International, Inc. for the for the Neighborhood Pavement Preservation Project and the Arterial Streets Pavement Repair Project (CIPs 17026 & 17021) Recommendation: Staff respectfully recommends that the City Council: (1) Find that a Class 1 exemption under California Code of Regulations Title 14, Division 6, Chapter 3, Article 19, Section 15301 is the appropriate level of environmental review for CEQA for the construction of the Neighborhood Pavement Preservation Project and the Arterial Streets Pavement Repair Project; (2) Adopt Resolution 23-59 amending the Capital Improvement Program; (3) Approve the Project Plans and Specifications for the Neighborhood Pavement Preservation & Arterial Streets Pavement Repair Projects (CIPs 17026 & 17021); (4) Award a construction contract to the lowest responsive, responsible bidder, VSS International, Inc; (5) Delegate Authority to the City Manager, or his designee to execute a construction contract with VSS International, Inc. for an amount not to exceed $3,652,000.00; and (6) Authorize the City Manager or his designee to execute non2 substantive changes or modifications, amendments, change orders, agreements, purchases up to 20% of the construction contract ($730,400.00) with approval from the City Attorney and the Finance Department.

5. Capital Projects

CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH

BENNETT ENGINEERING SERVICES FOR PROFESSIONAL ENGINEERING SERVICES FOR THE STATE STREETS PAVEMENT REHABILITATION PROJECT (CIP 15042) Objective: The objective of this report is to provide the City Council with sufficient information to approve a professional services contract with Bennett Engineering Services for design and construction management services for the State Streets Pavement Rehabilitation Project. (CIP 15042)
Recommendation: Staff respectfully recommends that the City Council: (1) Award a professional services contract with Bennett Engineering Services for design and construction management services on the State Streets Pavement Rehabilitation Project (CIP 15042); (2) Authorize the City Manager or his designee to execute a professional services contract with Bennett Engineering Services in an amount not to exceed $1,130,001, which includes any optional tasks; (3) Delegate authority to the City Manager or his designee to authorize any optional tasks. Optional tasks will remain optional unless and until expressly authorized in writing; and (4) Authorize the City Manager or his designee to make contract amendments up to 10% ($113,000) of the total value of the contract.

6. Community Development

CONSIDERATION OF APPROVAL TO RELEASE A REQUEST FOR INFORMATION FOR THE CITY’S ON-DEMAND RIDESHARE PROGRAM
Objective: On June 7, 2023, the City Council approved Amendment No. 5 to the Amended & Restated Contract with NoMad Transit LLC to extend operations of the West Sacramento OnDemand Rideshare Program through June 30, 2024. This is the last allowable extension per the January 18, 2018 Contract for Services executed with NoMad Transit LLC. The purpose of this report is to seek Council approval to release a Request for Information for a microtransit provider to operate the City’s On-Demand Rideshare Program.

Recommendation: Staff respectfully recommends that the City Council authorize staff to release a Request for Information for the City of West Sacramento’s On-Demand Rideshare Program.

7. Community Development
CONSIDERATION OF THE “AGREEMENT PROVIDING WATER SERVICE FOR THE RIVERS (FINAL MAP 5177)” BETWEEN THE CITY OF WEST SACRAMENTO AND CENTURY COMMUNITIES OF CALIFORNIA, LLC.

Objective: To approve the “Agreement Providing Water Service for The Rivers (Final Map 5177)” (Agreement, see Attachment 1) between the City of West Sacramento and Century Communities of California, LLC (Developer).
3 Recommendation: Staff respectfully recommends that the Council approve the “Agreement Providing Water Service for the Rivers (Final Map 5177)” between the City of West Sacramento and Century Communities of California, LLC.

8. Finance

CONSIDERATION OF THE SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT AND

THE CITY OF WEST SACRAMENTO BILLING AND COLLECTION AGREEMENT Objective: The objective of this report is to provide the City Council with information to consider the approval of the Billing and Collection Agreement between Sacramento Regional County Sanitation District and the City of West Sacramento.

Recommendation: Staff respectfully recommend that the City Council approve the Sacramento Regional County Sanitation District and the City of West Sacramento Billing and Collection Agreement and delegate authority to the City Manager to execute the agreement.

9. Finance
CONSIDERATION OF RESOLUTION 23-60 RATIFYING AN AMENDMENT TO THE CONCEALED

CARRY WEAPONS PERMIT FEE PAYMENT SCHEDULE
Objective: The purpose of this report is to provide the City Council with sufficient information to approve resolution 23-60 to ratify a minor change in the payment schedule for the Concealed Carry Weapons (CCW) Permit.

Recommendation: Staff respectfully recommends that the City Council approve Resolution 23-60 to ratify a change in the Book of Fees that enables to City to recover all non-refundable costs paid to outside agencies with the Phase A payment and recover City costs with the Phase B payment.

10. Parks & Recreation

CONSIDERATION OF APPROVAL OF CONTRACT WITH WES HORN ART FOR THE

SOUTHPORT LEVEE TRAILHEAD PUBLIC ART INSTALLATION PROJECT Objective: The objective of this report is to provide the Council with the necessary information to approve the contract with Wes Horn Art for the Southport Levee Trailhead Public Art Installation Project.

Recommendation: Staff respectfully recommends that the City Council: (1) Find that the Southport Levee Trailhead Public Art Installation Project is categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, Division 6, Class 3 and 4 (“CEQA Guidelines”), Section 15303 and 15304, and find that the determination represents the independent judgment of the City; and (2) Approve a contract with Wes Horn Art for the Southport Levee Trailhead Public Art Installation Project in the amount of $20,000 in the form substantively attached and delegate authority to the City Manager to execute the contract.
4 11. City Manager's Office
CONSIDERATION AND ADOPTION OF RESOLUTION 23-39 APPROVING THE CITY OF WEST

SACRAMENTO'S TITLE VI PLAN
Objective: The purpose of this report is to provide background on the Title VI program and request approval of the proposed City of West Sacramento’s Title VI and Limited English Proficiency Plan.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-39 approving the City of West Sacramento’s Title VI and Limited English Proficiency Plan.

PUBLIC HEARINGS

12. Finance
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 23-49 CONFIRMING THE

DIAGRAM AND ASSESSMENT AND ORDERING IMPROVEMENTS (MAINTENANCE) TO BE MADE FOR THE LANDSCAPING AND LIGHTING DISTRICT NO. 1
Objective: State law provides for an annual proceeding prior to levying an ongoing assessment.

The recommended action is a key step in this proceeding leading to placement of the levy for the Landscaping and Lighting District No. 1 on the 2023-24 tax roll. Because staff is not proposing an increase in assessments, this action does not trigger voter approval under Proposition 218.

Recommendation: Staff respectfully recommends that the City Council conduct a public hearing; approve the Landscaping & Lighting District No. 1 Report for 2023-2024 with budget and fee schedule; and adopt Resolution 23-49 confirming the Fiscal Year 2022-2023 diagram and assessment, and ordering improvements (maintenance) to be made for the Landscaping and Lighting District No. 1.

13. Finance
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 23-50 CONFIRMING THE

DIAGRAM AND ASSESSMENT AND ORDERING IMPROVEMENTS FOR THE STORM DRAIN MAINTENANCE DISTRICT NO. 1 (RALEY’S LANDING)
Objective: State law provides for an annual proceeding prior to levying an ongoing assessment.

The recommended action is a key step in this proceeding leading to the placement of the levy for the Storm Drain Maintenance District No. 1 on the 2023-2024 tax roll. Because staff is not proposing an increase in assessments, this action does not trigger voter approval under Proposition 218.

Recommendation: Staff respectfully recommends that the City Council conduct a public hearing; approve the Storm Drain District No. 1 Report for Fiscal Year 2023-2024 with budget and fee schedule; and adopt Resolution 23-50 confirming the diagram and assessment and ordering improvements (maintenance) to be made for the Storm Drain Maintenance District No. 1.

14. Finance
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 23-55 CERTIFYING INCLUSION

OF DELINQUENT CHARGES AND PENALTIES FOR WATER, SEWER AND REFUSE 5 SERVICES ON THE SECURED TAX ROLL IN THE SAME MANNER AS THE GENERAL TAXES

AND DIRECTING THAT A LIEN ALSO BE PLACED ON THE SUBJECT PROPERTIES Objective: The purpose of this report is to provide the City Council with sufficient information to conduct a public hearing regarding the placement of water, sewer and refuse charges on the secured property tax roll and to also authorize the placement of a lien on the subject properties.

Recommendation: Staff respectfully recommends that the City Council: (1) Conduct a public hearing; and (2) Close the public hearing and adopt Resolution 23-55 certifying inclusion of delinquent charges and penalties for water, sewer, and refuse services on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the the subject properties.

REGULAR AGENDA

15. City Manager's Office

WORKSHOP AND REQUEST FOR CONSIDERATION OF RENAMING SQUAW ROAD AND SQUAW COURT IN COMPLIANCE WITH AB 2022
Objective: The item is to facilitate a Council discussion of possible new names for Squaw Road and Squaw Court, request that the City Council select a new name and direct staff to change the street name in conformance with AB 2022, which mandates the removal of all public place names with this word.

Recommendation: Staff respectfully recommends that the City Council: (1) Conduct a workshop to discuss possible new street names for Squaw Road and Squaw Court; (2) Approve the renaming of Squaw Road and Squaw Court to Sonoma Road and Sonoma Court; and (3) Direct staff to install appropriate signage and take other necessary steps to effectuate the street renaming.

GENERAL ADMINISTRATION FUNCTION – PART II

16. 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 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 6 Yolo Subbasin Sustainable Groundwater Agency-------------------------Sulpizio Hull; Alternate - Early

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

17. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS  Transportation, Mobility, Infrastructure Commission
 EIFD Public Financing Authority

18. 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 July 19, 2023 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted July 14, 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: July 19, 2023 ITEM # 2
SUBJECT:

CONSIDERATION OF APPROVAL OF AMENDMENT 2 TO THE PROFESSIONAL

SERVICES CONTRACT WITH DEWBERRY FOR THE NORTH RIVERWALK TRAIL EXTENSION PROJECT (CIP 62111)
INITIATED OR REQUESTED BY: REPORT PREPARED BY:

Joanna Ortiz, Assistant Engineer
Kevin Tan, Assistant Engineer
Capital Projects Department
[ ] Council [X] Staff
[ ] Other
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information for approval of Amendment 2 to the professional services contract with Dewberry for Construction Management and Inspection Services for the North Riverwalk Trail Extension Project (CIP 62111).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Authorize the City Manager, or his designee, to execute Amendment 2 in the amount of $70,102.12 for the professional services contract with Dewberry for the North Riverwalk Trail Extension Project (CIP 62111); and
2) Authorize the City Manager to make contract amendments up to 10% ($7,010) of the total contract value.

BACKGROUND
The City of West Sacramento has been prioritizing investments in planning, deindustrialization, and infrastructure improvements in order to facilitate redevelopment and create vital neighborhoods along the Sacramento River.

The City’s vision for transforming the underutilized riverfront includes recreational access to the river and enhanced pedestrian, bicycle, and transit mobility.

The Washington District (District) is a 194-acre area bound by the Tower Bridge Gateway on the south, the Sacramento River on the east, A Street on the north, and portions of 6th Street and 8th Street on the west. Located along West Sacramento’s riverfront and within a mile of downtown Sacramento, the Washington District is an area that has potential for sustainable, mixed-use development.

Today, the City’s dedication is apparent throughout the riverfront. In 2011, the neighborhood earned a U.S.

Housing and Urban Development (HUD) “Sustainable Community” designation to fund planning efforts. On February 18, 2015, City Council adopted the Washington Realized document, a strategy intended to shift development patterns towards compact, transit served and mixed-use development. Revitalization plans feature 3,300 residences, 2.4 million square feet of commercial office and 350,000 square feet of retail. The Complete Community Strategy in Washington Realized recommended that investments in the northern waterfront section of the District should be focused on:
 Paved path connections that enhance security between D Street and the Broderick Boat ramp.  Enhancing and reinforcing the public nature of circulation connections to the waterfront.  Supporting and encouraging private development that activates the Riverwalk upon the completion of the new C Street Bridge Improvements.

The Project has been split into two phases. On August 17, 2022, City Council awarded a construction management and inspection services contract to Dewberry and awarded a construction contract to B & M Builders, the lowest responsible, responsive bidder to complete the first phase of the Project.

Construction for the first phase of the project is nearly complete and it implemented one of the key components of the Washington Realized document by constructing an important missing segment of the Riverwalk Trail from the existing Riverwalk near the I Street Bridge northward along the levee to the Broderick Boat Ramp. The project constructed a continuous pedestrian/bicycle trail along the riverfront area and includes an extension of the 8 Dewberry Contract Amendment Number 2 - North Riverwalk Trail Extension Project July 19, 2023

pedestrian access path to the west, along D Street and 2nd Street, into the heart of the Washington District at 3rd Street.

This phase also included streetscape improvements on the west side of 3rd Street between C and D Street and on C Street between 3rd and 4th Streets, and a mid-block crossing on 3rd Street between D Street and E Street.

The streetscape improvements include wide sidewalks, street trees, and high-visibility crossings for improved pedestrian safety.

The second phase of the Project will implement an at-grade pedestrian crossing at the Union Pacific Railroad crossing on 3rd Street which will further improve pedestrian safety at this location.

ANALYSIS
While the first phase of the project is nearly complete, during construction there were several delays due to unforeseen circumstances including weather and unexpected construction changes which caused the Project to continue for longer than anticipated. This amendment will include additional costs associated with the construction management and inspection services provided by Dewberry for the remainder of the Project and Project close out.

Environmental Considerations
A CEQA Initial Study Mitigated Negative Declaration was completed in October 2018 and a HUD NEPA Categorical Exclusion was completed in December 2018 for the River Walk Trail Extension Project. The City Council certified the CEQA environmental documents for the Project on December 5, 2018 with Resolution 18-

82. Caltrans approved the NEPA Categorical Exclusion on October 3, 2019. Central Valley Flood Protection Board issued an encroachment permit for work on the levee on June 16, 2020. The permit required Section 408 Consultation with the US Army Corps of Engineers. Based on the results of the final IS/MND, the Project will not have any significant impacts on the environment once mitigation measures are implemented. Staff has confirmed that there have been no changes to the project or new information that would require subsequent environmental review under Section 15162 of the CEQA Guidelines.

Commission Recommendations
The North Riverwalk Trail Project was presented to Planning, Economic Development and Housing and Parks and Recreation Commissions in 2013 and 2014 as both a circulation and park facility improvement within the Washington Realized Sustainable Community Strategy. District residents provided comments to the Parks and Recreation Commission requesting that the Project receive priority for completion. The respective Commissions recommended Council approval of the improvements within the Washington Realized document. The C Street widening was presented to the Transportation and Mobility Commission as part of the I Street Replacement Project on September 12, 2016. This item does not require further policy guidance from the Commission.

Strategic Plan Integration
The Project is consistent with a continuation of the Council adopted “West Sacramento Vision 2029 - Principles to Vibrant Neighborhood” by enhancing the following Principals: Quality Municipal Service, Quality City Infrastructure and Facilities, Inspire Community Improvements, Vibrant Neighborhoods, and Comfortable Lifestyle and Living. The project will create a continuous pedestrian/bicycle trail along the riverfront area and will also include an extension of the pedestrian access path to the west, along D Street and 2nd Street, into the heart of the Washington District at 3rd Street.

Alternatives
The City Council’s primary alternatives are summarized below:
1) Approve the recommended actions as stated above.
2) Delay or revise the recommended action.
3) Not approve the recommended action and/or cancel the project.

Alternatives 2 and 3 are not recommended as this is a grant-funded project with a tight delivery schedule. Any changes or modifications to the scope of the Project or the documents required to move the Project forward will impact the funding and timing available for the Project.

Coordination and Review
This report was prepared by the Capital Projects Department and was coordinated with and reviewed by the Economic Development and Housing Department and the Finance Department. 9 Dewberry Contract Amendment Number 2 - North Riverwalk Trail Extension Project July 19, 2023

Budget/Cost Impact
This project is included in the City’s Capital Improvement Program (CIP), approved by the Council on September 18, 2018, as CIP 62111 – North Riverwalk Trail Extension. Sufficient funds are available in the project budget for this contract amendment and no additional funds are required or being requested at this time.

ATTACHMENT)
1) Amendment Number 2 to the Contract for Professional Services with Dewberry. 10 Dewberry Engineers, Inc.

CPE22-320 North Riverwalk Extension Amendment 2
Expires 12/31/23
AMENDMENT NO. 2
To the

CONTRACT FOR SERVICES
Between the

CITY OF WEST SACRAMENTO
And

DEWBERRY ENGINEERS, INC
Dated August 17, 2022
This Amendment No. 2 to the Contract for Services between the City of West Sacramento (City) and Dewberry Engineers, Inc (Contractor) dated August 17, 2022, for the North Riverwalk Trail Extension Project, is made and entered into this 19th day of July, 2023. Except as expressly amended herein, the August 17, 2022 Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City and Consultant executed an Agreement for Professional Services dated August 17, 2022 for Construction Management and Inspection Services of the North Riverwalk Trail Extension Project; and
WHEREAS, the original August 17, 2022 scope did not include a biologist to complete environmental monitoring; and
WHEREAS, the City authorized Amendment 1 to increase the Scope of Services and compensation for said amendment on February 1, 2023
WHEREAS, the City and Consultant desire to add additional scope to close out the project.

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

I. SCOPE:

The scope of services as set forth in the Contract for Services dated August 17, 2022, shall be revised to include the additional services as indicated in attached Exhibit “A”.

II. COMPENSATION:

Compensation shall be revised to include an additional $70,102.12 as summarized below and outlined Exhibit B.

Contract Summary
Amount Approval Date
Original Contract $ 378,850.25 08/17/2022
Amendment 1 $17,556.70 02/1/2023
Requested Amendment
Amendment No. 2 $ 70,102.12
Revised Contract $ 466,509.07
Attachment 1
11 Dewberry Engineers, Inc.

CPE22-320 North Riverwalk Extension Amendment 2
Expires 12/31/23
IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager

DEWBERRY ENGINEERS, INC.

By:

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
12

May 16, 2023
City of West Sacramento
Attention: Joanna Ortiz
1110 West Capitol Avenue
West Sacramento, CA 95691
Subject: A02 Construction Management Services Amendment Request for North Riverwalk Trail Extension Project – Project Close-Out and Optional Water Tower Work Task Dear Ms. Ortiz,
Attached for your consideration is an additional scope and fee to provide construction management services for tasks associated with the close-out of the North Riverwalk Trail Extension Project and the Optional Water Tower Work task.

Dewberry proposes to utilize a part-time resident engineer, a full-time inspector and a part-time office engineer to assist the City with these tasks. The scope of services and fee proposal, based on the following assumptions, is included for the City’s review.  The “Project Close-Out” task is to finish CM services and does not include tower work.  The optional "Water Tower Work" task adds an additional five days, if tower work is to be performed.
 Dewberry assumes contractor’s work will be complete by June 16, 2023.  Dewberry assumes no other changes will be made or added to the contract.  Dewberry assumes the contractor’s three current claims will be dropped and no other claims will be presented.
 This estimate does not include time to mitigate, settle or defend any claims.

We look forward to continuing work with the City on this project. Please contact me at 925.808.9927 or via e-mail at [email protected] with any questions.

Sincerely,
Dewberry Engineers, Inc.

Rob Shackelford, PE, CCM
Associate Vice President, Senior Construction Manager
Attachments: Scope and Fee
13 1
North Riverwalk Trail Extension Project - Amendment 02
Dewberry proposes to continue to follow the original scope format as previously presented and approved.

Attached is an abbreviated scope to complete these tasks under the proposed amendment.

Task 1. Construction Management and Coordination

1.2. Construction Phase

1.2.1 Contract Administration and Project Documentation Dewberry shall follow the standard Caltrans filing system and prerequisite Caltrans LAPM procedures for contract administration and document processing. In addition to paper documents, electronic copies of all project information will be kept in the electronic cloud-based filing system OneDrive. Dewberry will review the monthly schedule updates for accuracy against the project records such as diaries, pour records, and other documentation. It will be confirmed that weather days, contract change orders, and work resequencing has been included so that impacts to the critical path can be accurately assessed.

1.2.2 Progress Meetings
Weekly progress meetings will be held to coordinate communication with the Contractor, the City, and other stakeholders, as needed. Dewberry staff will meet with the Contractor to discuss upcoming operations, contract requirements, and potential issues related to proposed construction activities.

1.2.3 Progress Payments
The Contractor will forward their monthly payment request to our Resident Engineer for review. Whether the construction budget is an independent schedule of values or a cost loaded CPM schedule, the Resident Engineer, with input from the Inspectors will compare every payment item to the actual work performed during the month.

1.2.4 RFIs and Material Submittals
The office engineer will maintain a submittals log and process all required submittals. Prior to forwarding submittals to the City designer, if needed, each submittal will be reviewed for completeness. If a submittal is found to be incomplete, it will be immediately returned to the Contractor with the deficiencies noted.

Project plans and specifications will be reviewed to verify the design as presented is complete and clear, poses no construction conflicts, and is economically feasible to build. Dewberry will work with the City and the Contractor to develop creative solutions to solve problems and execute a change order if needed following procedures established in the Caltrans Construction Manual.

1.2.5 Record Drawings
The Dewberry team will prepare red-lined as-built record drawings and compare to the Contractor’s drawing reflecting changes to the original plans. The drawings will then be sent to the designer for final preparation of the As-Built Record Drawings.

1.3 Close-out Phase
Elements leading to project completion include rectifying outstanding punch list items, approval and acceptance of final payment, and completion of project paperwork. Dewberry tasks will include:
• Checking that the as-built drawings are complete and reflect the same changes • Developing a punch list of remaining items of work after the work is substantially complete • Conducting a final project review with the City, the designer, and other agencies • Submittal of a formal recommendation for project acceptance 14 2
• Preparation of the proposed final payment, addressing contractor’s exceptions • Preparation of final project documentation including; a final submittal package of all field records, a project completion report, a summary of change orders and potential claims, summary of the materials tested and incorporated into the work and final project schedule.

Task 2 Construction Inspection

1.3.1 Inspection
Dewberry will verify that construction proceeds in accordance with the City’s plans and specifications and all other pertinent project standards and will conduct inspections to verify the workmanship and quality of all work conducted on site. This includes inspecting the methods, means, and techniques utilized by the Contractor or any of their sub-contractors. Dewberry’s inspection staff will document any deficiencies or deviations from the contract documents in writing, send the information to the Contractor, and bring issues to the RE’s attention. Inspectors will be responsible for:
• Monitoring the Contractor’s work for general conformance with the plans and specs • Documenting the progress of the work with daily diaries and photographs • Monitoring contract change order work in the field
• Confirming that the designer’s submittal comments are incorporated into the work • Reviewing the Contractor’s as-built record drawings status • Coordinating materials testing
• Reviewing and logging materials testing results and addressing non-conforming tests • Preparing deficiency notices and punch lists
Task 3. Soils Materials Testing Services
Dewberry’s materials subconsultant BSK will perform all field and laboratory testing of soils, backfill, asphalt, concrete, and other required testing. They will develop and manage the Source Inspection Quality Management Programs (SIQMP) in accordance with Caltrans LAPM requirements. Dewberry will review the test results, forward copies of the test results to the City’s PM as part of the monthly report and will work with the Contractor to resolve any deficiencies. All test procedures will be in accordance with the contract documents.

Task 4 Labor Compliance
Dewberry will receive and review certified payrolls from the Contractor and each of its sub-contractors, and check for the “Statement of Compliance” from each Contractor or sub-contractor. A spot-check of wages for each classification of labor and craft will also be performed along with checking contractor registration and upload of electronic submission to the California Department of Industrial Relations.

Regular employee interviews will be conducted to check compliance of workers in the field against submitted certified payrolls.
15 1, Dewberry·
COST PROPOSAL - A02
Project Close-Out / Optional Task: Water Tower

CITY OF WEST SACRAMENTO CAPITAL

PROJECTS - ENGINEERING

CONSTRUCTION MANAGEMENT & INSPECTION

SERVICES FOR

THE NORTH RIVERWALK TRAIL EXTENSION PROJECT
Joanna Ortiz
Junior Engineer
1110 West Capitol Avenue
West Sacramento, CA 95691
16 North Riverwalk Trail Extension Project
City of West Sacramento
Project Close-Out / Optional Tower Work
DBE Utilization 14.42%

HOURS COST HOURS COST HOURS COST HOURS COST

1.0 50 $13,972.50 50 $8,140.88 100 $22,113.38

2.0 200 $36,020.12 200 $36,020.12

3.0 250 $49,992.62 50 $8,140.88 300 $58,133.50

1.0 10 $2,794.50 10 $1,628.18 20 $4,422.68

2.0 40 $7,204.02 40 $7,204.02

3.0 50 $9,998.52 10 $1,628.18 60 $11,626.70
300 $59,991.15 60 $9,769.06 360 $69,760.20
Task # Task Name
TOTAL PROJECT COST $59,991.15 $10,110.97 $70,102.12
ANTICIPATED SALARY INCREASE $341.92

TOTAL DIRECT LABOR HOURS

TOTAL OTHER DIRECT COST
$341.92
Project Close-Out
CM & Coordination
Materials & Equipment Testing
Const Inspection
Optional: Tower Work
Total Task 1
Const Inspection
Dewberry BSK Associates Webster
Engineering TOTAL
5/16/2023
Total Task 2
Materials & Equipment Testing
CM & Coordination
Assumptions:

The "Project Close-Out" task is to finish CM services and does not include tower work.

The optional "Water Tower Work" task adds an additional 5 days, if tower work is to be performed.

Dewberry assumes Contractor's work will be complete by June 16, 2023.

Dewberry assumes no other changes will be made or added to the contract.

Dewberry assumes the contractor's three current claims will be dropped and no other claims will be presented.

This estimate does not include time to mitigate, settle or defend any claims.17 North Riverwalk Trail Extension Project
City of West Sacramento
22-033-RFP
5/16/2023 Project Close-Out / Optional Tower Work
.
.

Principal In
Charge,
Howard
Zabell
Project
Manager /
Resident
Engineer,
Robert
Shackelford
Sr.

Construction
Inspector**,
Jacob Gillmore
(Straight)**
Sr.

Construction
Inspector**,
Jacob Gillmore
(1.5 OT)**
Sr.

Construction
Inspector**,
Jacob Gillmore
(2.0 OT)**
Office
Engineer,
Kirsten Newton
Environmental/S
WPPP/Biologist,
Lindsay Tisch
TASK HOURS Labor Cost
without Esc ESCALATION TASK COSTS
. Loaded Rate: $285.00 $270.00 $174.01 $196.10 $218.20 $129.27 $129.50

1.0 50 50 $13,500.00 $472.50 $13,972.50

2.0 200 200 $34,802.05 $1,218.07 $36,020.12

3.0 50 200 250 $48,302.05 $1,690.57 $49,992.62

1.0 10 10 $2,700.00 $94.50 $2,794.50

2.0 40 40 $6,960.41 $243.61 $7,204.02

3.0 10 40 50 $9,660.41 $338.11 $9,998.52
. 60 240 300 $57,962.46 $2,028.69 $59,991.15
Task Name

TOTAL DIRECT LABOR HOURS
$59,991.15
ANTICIPATED SALARY INCREASE (see attached sheet)

TOTAL PROJECT COST
OTHER DIRECT COSTS (see attached sheet)
Dewberry
Prime
CM & Coordination
Total Task 2
Const Inspection
Total Task 1
Optional: Tower Work
Project Close-Out
Materials & Equipment Testing
Const Inspection
Materials & Equipment Testing
CM & Coordination
Task #
18 North Riverwalk Trail Extension Project
City of West Sacramento
Escalation Per Year = 3.50% Project Close-Out / Optional Tower Work 5/16/2023
Percentage Complete Each Year
2021 2022 2023 224 2025
100%

1.0 1.0 100% 100.00% $13,500.00 $472.50 $13,972.50

2.0 100% 100.00% $34,802.05 $1,218.07 $36,020.12

3.0 100% 100.00%

1.0 2.0

1.0 100% 100.00% $2,700.00 $94.50 $2,794.50

2.0 100% 100.00% $6,960.41 $243.61 $7,204.02

3.0 100% 100.00%

2.0 $2,028.69 $59,991.15
TOTAL PROJECT COST WITH ESCALATION $59,991.15
Pre-Escalation
Task Cost Escalation
Escalated Cost
(based on %
complete)

TOTAL ESCALATION
Task Costs with Escalation
CM & Coordination
Const Inspection
Materials & Equipment Testing
Project Close-Out
Total
(Must =
100%)
Materials & Equipment Testing
Optional: Tower Work
CM & Coordination
Const Inspection
19 North Riverwalk Trail Extension Project
City of West Sacramento
22-033-RFP
Project Close-Out / Optional Tower Work
.

Office Engineer,
Katherine Webster, PE
. $162.82

1.0 50 50 $8,140.88

2.0 3.0
50 50 $8,140.88

1.0 10 10 $1,628.18

2.0 3.0
10 10 $1,628.18
60 60 $9,769.06
$341.92
$10,110.97

TOTAL DIRECT LABOR HOURS
OTHER DIRECT COSTS (see attached sheet)
ANTICIPATED SALARY INCREASE (see attached sheet)

TOTAL PROJECT COST
Total Task 2
Const Inspection
Materials & Equipment Testing
Total Task 1
Optional: Tower Work
CM & Coordination
Project Close-Out
CM & Coordination
Const Inspection
Materials & Equipment Testing
Webster Engineering
Office Engineer
TASK

HOURS TASK COSTS
Task # Task Name
20 CITY COUNCIL AGENDA REPORT
MEETING DATE: July 19, 2023 ITEM # 3
SUBJECT:

CONSIDERATION OF APPROVAL OF AMENDMENT #4 TO THE PROFESSIONAL

SERVICES CONTRACT WITH BENNETT ENGINEERING SERVICES FOR THE E & F STREETS FRONTAGE IMPROVEMENT PROJECT (CIP 15047) TO INCLUDE THE 5 TH & F STREETS TRAFFIC SIGNAL PROJECT (CIP 12018)
INITIATED OR REQUESTED BY: REPORT PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Joanna Ortiz, Assistant Engineer
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 approval of Amendment #4 to the professional services contract with Bennett Engineering Services for the E & F Streets Frontage Improvement Project (CIP 15047) to include the 5th and F Streets Traffic Signal Project (CIP 12018).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Authorize the City Manager, or his designee, to execute Amendment #4 in the amount of $55,445 for the professional services contract with Bennett Engineering for the E & F Streets Frontage Improvement Project (CIP 15047) to include the 5th and F Streets Traffic Signal Project (CIP 12018); and 2) Authorize the City Manager to make contract amendments up to 10% ($5,545) of the total contract value.

BACKGROUND
The Washington District is a 194-acre area bounded by Tower Bridge Gateway on the south, the Sacramento River on the east, A Street on the north, and portions of 6th Street and 8th Street on the west. Located along West Sacramento’s riverfront and within a mile of downtown Sacramento, the Washington District is an area that has potential for sustainable, mixed-use development. The City of West Sacramento has been prioritizing investment in planning, deindustrialization, and infrastructure improvements in the Washington District of the City to facilitate redevelopment and create vital neighborhoods along the Sacramento River.

The City’s dedication to the Washington District has been very apparent. In 2019, the City completed the $17 million Washington District Sustainable Community Infrastructure Project, which is the most significant neighborhood investment project the City has embarked upon to date. To build upon this progress, the Council approved 2019 and 2020 Community Development Block Grant (CDBG) allocations totaling $766,490 for the E & F Streets Frontage Improvement Project within the Washington Neighborhood. The project is located along both sides of E Street and of F Street between 5th and 6th Streets.

The project will address infrastructure deficiencies by completing disconnected sidewalk and street crossing networks to support walkability and connectivity to public transportation and riverfront trails. The project will also include the implementation of new street lighting and new ADA curb ramps. Landscaping and irrigation will be added similar to landscaping recently constructed within the Washington District.

City staff solicited proposals for professional services with a Request for Proposal (RFP) posted to the City website on August 5, 2020. The City received proposals from the following three firms, listed in alphabetical order:
 Bennett Engineering Services
 BKF
 TJKM
A three (3) person panel ranked and evaluated proposals. The panel concluded that Bennett was the most qualified to complete this assignment.

ANALYSIS
Due to the location of the E & F Streets Frontage Improvement Project (Project), the environmental review process has continued for a longer time period than anticipated. The Project is currently under State Historic 21 E & F Streets Frontage Improvement Project
July 19, 2023

Preservation Office (SHPO) review. Due to this delay and the proximity of the 5th Street and F Street Traffic Signal Project (CIP 12018), City staff would like to include the 5th Street and F Street Traffic Signal Project design as part of the consultant contract. This location was included as part of the environmental documentation for the E & F Streets Frontage Improvement Project and no additional environmental review would be required. This amendment would include preparation of the Plans, Specifications & Estimate (PS&E) for the added traffic signal project. Inclusion of the traffic signal project in the consultant’s design contract will accelerate the design of the traffic signal project and will allow construction of both projects to occur at the same time utilizing the same contractor.

Environmental Considerations
Activities receiving CDBG funding must satisfy all National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements. The U.S. Department of Housing and Development (HUD) requires the City to complete all required NEPA reviews prior to initiating any grant activity. The City is currently under contract with LSA to complete environmental requirements.

Commission Recommendations
Not Applicable. The contract was not presented to any Commissions since the recommended action does not include any new policy implication or direction.

Strategic Plan Integration
Not Applicable.

Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as stated above.
2) Delay or revise the recommended action.
3) Not approve the recommended action.

Alternative 1 is staff’s recommended action. Inclusion of the traffic signal project in the consultant’s design contract will accelerate the design of the traffic signal project and will allow construction of both projects to occur at the same time utilizing the same contractor.

Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Economic Development & Housing Department and Finance Department Budget/Cost Impact
This Amendment #4 to the contract with Bennett Engineering Services includes scope for the design of the 5th Street and F Street Traffic signal. This amendment will be funded using already appropriated budget from CIP 12018. No additional appropriations are required or being requested at this time.

ATTACHMENT
1) Amendment # 4 to the Contract for Professional Services with Bennett Engineering. 22 Attachment 1
Bennett Engineering Services
CP21-012 E & F Streets Frontage Improvement
Expires 12/31/2024
AMENDMENT NO. 4
To the

CONTRACT FOR SERVICES
Between the

CITY OF WEST SACRAMENTO
And

BENNETT ENGINEERING SERVICES
Dated October 14, 2020
This Amendment No. 4 to the Contract for Services between the City of West Sacramento (City) and Bennett Engineering Services (Consultant) dated October 14, 2020, for the E & F Streets Frontage Improvement Project, is made and entered into this 19th day of July 2023. Except as expressly amended herein, the October 14, 2020, Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City and Consultant executed an Agreement for Professional Services dated October 14, 2020 for the design of the E & F Streets Frontage Improvement Project; and WHEREAS, the Project has been delayed due to environmental requirements; and

WHEREAS, the City and Consultant desire to amend said Contract to incorporate certain federal law provisions, which apply to work funded by federal funds; and WHEREAS, the City authorized amendment 3 to extend the term through December 31, 2024; and
WHEREAS, the City and Consultant design to amend said Contract to incorporate the 5th and F Street Traffic Signal design; and
WHEREAS, the City and Consultant desire to amend said Contract.

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

I. SCOPE:

The scope of services as set forth in the Contract for Services dated October 14, 2020, shall be revised to include the additional services as indicated in attached Exhibit ‘A’ II. FEE:

Additional compensation shall be added as detailed in Exhibit ‘B’ and summarized as below in the amount of $55,445.
23 Bennett Engineering Services
CP21-012 E & F Streets Frontage Improvement
Expires 12/31/2024
Contract Summary
Amount Approval Date
Original Contract $ 456,674 10/14/2020
Amendment No. 1 $0 11/05/2021
Amendment No. 2 $0 06/02/2021
Amendment No. 3 $0 04/19/2023
Requested Amendment
Amendment No. 4 $ 55,445
Revised Contract $ 512,119
IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager

BENNETT ENGINEERING SERVICES
By:

Leo Rubio, President

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
24 P:\Proj\20316-W Sac-E and F Streets Frontage Improvements\00-ADMIN\Agreements\Working Docs\20230505 - Amendment No. 7 - Add 5th street traffic signal\20316 Exhibit A_Scope for Addendum No 7.docx Page 1 of 9 Exhibit A: Scope_Addendum No. 7
Client: City of West Sacramento
Consultant: Bennett Engineering Services Inc.

Project: E & F Street Frontage Improvement
Date: May 10, 2023
Consultant’s services shall be limited to those expressly set forth below, and Consultant shall have no other obligations or responsibilities for the Project or to the Client except as agreed to in writing or as provided in this Agreement. All of Consultant’s services in any way related to the Project or Client shall be subject to the terms of this Agreement.

PROJECT DESCRIPTION:

Bennett Engineering Services (BEN|EN) will provide engineering support services to City staff for E & F Street Frontage Improvement Project. The proposed improvements address infrastructure deficiencies by closing sidewalk and street crossing networks to support walkability and connectivity to public transportation and riverfront trails. The City assigned their 2019 and 2020 Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) to enhance the Washington Neighborhood. We understand the funding process and the importance of meeting timelines. The City is targeting to complete the plans, specifications, and estimate (PS&E) by March 2021 in order to comply with the grant delivery requirements set by HUD. On 5/1/23, the city requested additional design support to include traffic signal design for 5th and F Street. All additional task written as part of Addendum No. 7 will be identified in blue.

TASK INCLUDE:

Task 1 – Project Management & Coordination
Task 2 – Surveys & Mapping and ROW Engineering
Task 3 – Utility Coordination
Task 4 – Supplemental Environmental Documents and Cultural Resources Task 5 – Design Documents
Task 6 – Bidding Support and Construction Support (OPTIONAL) Task 7 – Traffic Signal Design
KEY WORK SCOPE ASSUMPTIONS:
• Public outreach efforts will be led by the City with BEN|EN team support. • Seven (7) right of entries will need to be acquired for project construction. • This scope includes survey and location of existing utilities. • No geotechnical investigations are needed, the road section at the road widening will be per City standard or will match the existing section, whichever is greater.
• Survey of 5th and F Street
• Redesign of intersection at 5th and F Street to incorporate the Traffic Signal. 25 Scope of Services – E & F Street Frontage Improvement Project P:\Proj\20316-W Sac-E and F Streets Frontage Improvements\00-ADMIN\Agreements\Working Docs\20230505 - Amendment No. 7 - Add 5th street traffic signal\20316 Exhibit A_Scope for Addendum No 7.docx Page 2 of 9 TASK 1. Project Management & Coordination
Subtask 1.1. Develop Project Development Team and Workplan BEN|EN, in coordination with City Project Manager, will develop the Project Development Team (PDT) with representatives from sub-consultants and appropriate City staff. The PDT will finalize the scope of work, schedule and work plan based on feedback from the City Project Manager. We will identify the critical path elements to keep project delivery on schedule. BEN|EN shall notify the City immediately if there are problems that adversely impact the project schedule.

Deliverables:
· Project scope, schedule – MS Project, work plan
Subtask 1.2. PDT Meetings and Stakeholder Coordination
BEN|EN will setup and facilitate all PDT, interagency, field review, and other project related meetings as required to obtain the necessary project related information including project work status, schedule, and budget. BEN|EN will prepare all meeting agendas and meeting minutes and distribute these to the Project Team. Assume total of six (6) meetings.

Deliverables:
· Meeting notices, agendas, minutes, and sign-in- sheets.

Subtask 1.3. Monthly Invoices and Status Reports
A draft status report will be submitted for City approval prior to submittal of the first invoice. BEN|EN will prepare and submit monthly invoices and status reports to the City. The status reports will include project tasks completed, deliverables submitted and budget expenditures for that month’s invoice. In addition, monthly invoices shall be accompanied by a budget summary indicating task breakdown for budget, percent complete, spend to date, and remaining budget. Invoices will include employee rates, expenses per task, and a copy of any sub-consultant invoices. BEN|EN will provide a project schedule, using Microsoft Project, showing the activities and milestones outlined in our project scope. The activities will show begin and end dates, duration and dependency on other tasks. The schedule will be refined and maintained on a regular basis and as decisions are made throughout the life of the project. We will discuss issues that may affect the project design, budget or schedule.

Deliverables:
· Draft Status Report, Monthly Invoices, Project Schedule Updates and Status Reports Subtask 1.4. Quality Control
BEN|EN will provide technical resources necessary to ensure that deliverables are complete, and that they meet the City’s requirements. Reviews will be conducted by experienced senior staff and documented using a review form indicating the reviewer name, date of review, and the resolution of any comments. This task includes providing quality control reviews for the 65%, 95%, and Final PS&E submittals.

Deliverables:
· Quality Control Reviews
TASK 2. Topographic Survey and Right of Way Engineering Subtask 2.1. Boundary and Right of Way Mapping
Existing right of way mapping is determined to be the first task and deliverable for the project. UNICO will research and review record right of way and property maps including deed documents along the project limits. UNICO will purchase current title reports and research and review all boundary, right of way and easement documents for mapping. UNICO will perform a field survey to locate sufficient monuments of record to resolve and map the record right of way along the roadways requiring surveys, including the adjoining parcels. UNICO will prepare a right of way and boundary base LANDNET drawing in AutoCAD format that will include property owner information, right of way lines, property lines, easements, acreage, assessor’s parcel numbers and current 26 Scope of Services – E & F Street Frontage Improvement Project P:\Proj\20316-W Sac-E and F Streets Frontage Improvements\00-ADMIN\Agreements\Working Docs\20230505 - Amendment No. 7 - Add 5th street traffic signal\20316 Exhibit A_Scope for Addendum No 7.docx Page 3 of 9 ownership. UNICO will utilize the City of West Sacramento established horizontal (NAD83) and vertical data (NGVD29) as the basis of our work and will set durable control points throughout the project for utilization of surveys and future construction control.

DELIVERABLES:
· AutoCAD Base file
· Point Files
· Control diagram
· Copies of Title Reports, Maps and Deed Documents
Subtask 2.2. Topographic Survey and Base Mapping (Updated) UNICO will provide an ortho-rectified photogrammetric color image of the project area and facilitate the delivery of an aerial based topographic and photogrammetric survey of the entire project area. In addition, UNICO will perform detailed (non-aerial) design surveys for roadway connections, drainage features, and conforms to match existing improvements on public and private properties that may be affected by the project, including up to 50’ in each direction of the intersection of 5th and F Street. UNICO will also locate visible ground and overhead utilities such as valves, vaults, boxes, manholes, meters, fiber, signals, poles, lighting and other visible utilities in the project area. Other roadway and site features to locate will include but are not limited to, nearby structures, fences, driveways, signs, walls, railroad and control systems, trees and vegetation. UNICO will perform detailed surveys at all proposed sidewalk and improvement connections and ADA curb ramps. Invert elevations will be provided for all accessible sewer and storm drain systems. UNICO will utilize the City of West Sacramento established horizontal (NAD83) and vertical data (NGVD29) as the basis of our work and will set durable control points throughout the project for utilization of surveys and future construction control.

Deliverables:
· AutoCAD Base File
· Point Files
· DTM 3D Surface File
Subtask 2.3. Utility Support
UNICO will work closely with design team to verify the location of all underground/overhead utilities. UNICO will locate all visible and USA pre-markings (requested by others) as part of our services. UNICO will also support potholing efforts which may include the locating of buried utilities for location and depth. Upon completion of field surveys, UNICO will map all utilities into the base drawing.

Deliverables:
· Updated AutoCAD Base File with Pot-Hole Report
· Point Files
Subtask 2.4. Right of Entry Exhibits
BEN|EN will provide right to entry exhibits for each property being impacted. The exhibits will depict the proposed work and how the work will be impacting each property. It will also include the construction window and estimated duration of construction.

Deliverables:
· 11”x17” exhibits for impacted properties (Assume 7 exhibits) Subtask 2.5. Resident Outreach
BEN|EN will coordinate the residential outreach. BEN|EN will generate a flier that will be sent out thru certified mail and will schedule meeting with each property owner to discuss the work proposed. BEN|EN will provide the Right of Entry Exhibit with each property owner and address questions. Assume seven (7) meetings. 27 Scope of Services – E & F Street Frontage Improvement Project P:\Proj\20316-W Sac-E and F Streets Frontage Improvements\00-ADMIN\Agreements\Working Docs\20230505 - Amendment No. 7 - Add 5th street traffic signal\20316 Exhibit A_Scope for Addendum No 7.docx Page 4 of 9 TASK 3. Utility Coordination
Subtask 3.1. Utility Verification and Coordination with Owners We will send “Utility A” letters with project location/limit map with a City-approved letter requesting verification of the location, size, and depth of each facility within the project area. We will identify all public or private utilities that may be affected by the project and determine limits of raise utilities or relocations and determine responsible party for cost. A utility log documenting all correspondence with the utility owners will be maintained for the duration of the project.

Subtask 3.2. Utility Locating (Nondestructive)
Bess Test Labs team will perform up to 2 days of electronic detection (aka. Electronic Probing) to locate underground utilities within the City of West Sacramento. In addition to electronic probing (EP), Bess will utilize Ground Penetrating Radar (GPR) and a thumper device that allows proper location of waterlines that don’t possess a tracer wire. Any utility information identified out in the field will be marked in the field with MAG nail in asphalt, chiseled X in concrete or wooden lath in natural ground and pertinent utility data will be recorded on the ground surface with white paint displaying the electronic probe number, utility type and depth. (Bess to provide updates scope). Bess will also provide a cad file identifying all the utilities points and relative information.

Deliverables:
· Electronic Detection Report
· CAD file with utility detection information.

Subtask 3.3. Utility Impact Resolution
Once the existing utility information is compiled, we will prepare a summary of utility impacts and proposed resolutions. Subsequent “Utility B and C” letters with project plans will be sent to the respective utility companies.

Deliverables:
· Utility A, B, and C letters and plans, summary of impacts and resolutions Subtask 3.4. Utility Locating (Trench Method) - OPTIONAL If during design we encounter a conflict with any utility that will need to be relocated, we will have Marques General Engineering perform up to 3 days of exploratory excavation, producing up to 5 trenches per day (2’ x 10’ trenches) at locations of potential utility relocation. Marques will excavate the trenches and allow the local Tribe to examine the soil from the trenches in search for cultural resources that might belong to the Tribe. MGE will then place the soil back in the trench and perform a full restoration of the surface to pre-trench conditions.

Subtask 3.5. Utility Pothole Monitoring and/or Archaeological Testing – OPTIONAL LSA will provide archaeological monitoring services to complete this task. An LSA archaeologist would monitor the potholing ground-disturbing activities associated with utility identification conducted during the design phase of this project. For purposes of this scope, LSA has included 3 work days of monitoring services. LSA would coordinate with a tribal representative from Yocha Dehe Wintun Nation to accompany the archaeologist during monitoring.

LSA will prepare a brief memorandum (memo) summarizing the methods and findings at the completion of pothole monitoring. LSA proposes the Archaeological Testing be conducted concurrently with the pothole excavations (if warranted) in order to minimize costs and time spent.

To identify intact archaeological deposits or features associated with CA-YOL-27 in the ADI, LSA would prepare and implement an archaeological testing investigation concurrently with the utility pothole excavations (if determined necessary). The investigation would consist of preparation of a work plan, coordination with geographically affiliated Native Americans, excavation in the Project’s ADI, and a summary of the methods and results in a memo. The excavation would identify if contributing elements of CA-YOL-27 are within the ADI and if the proposed Project would have an adverse effect on the site. 28 Scope of Services – E & F Street Frontage Improvement Project P:\Proj\20316-W Sac-E and F Streets Frontage Improvements\00-ADMIN\Agreements\Working Docs\20230505 - Amendment No. 7 - Add 5th street traffic signal\20316 Exhibit A_Scope for Addendum No 7.docx Page 5 of 9 The archaeological testing would include one LSA archaeologist conducting three days of excavation in coordination with a heavy equipment operator and one tribal representative. Testing would include trenching in the ADI. If artifacts or human remains are identified, LSA would coordinate with the City and tribe to approve recovery of the items and store them at LSA’s Roseville laboratory space for analysis until repatriation.

The methods results of the archaeological testing would be included in a memo. The memo would include recommendations for further study to comply with Section 106, which could include preparation of a Memorandum of Agreement, data recovery, and/or monitoring with methods and thresholds for data recovery if unidentified features are found during construction (see below).

Deliverables:
· Memo summarizing the methods and findings
Subtask 3.6. Utility Adjustment/Relocation Coordination For existing utilities that need to be adjusted or relocated, we will coordinate with utility companies for final utility relocation plans and construction schedule for the relocations prior to or during project construction.

Deliverables:
· Utility Relocation Plans
TASK 4. Supplemental Environmental Documents and Cultural Resources Subtask 4.1. Section 106 Consultation
In compliance with Section 106, LSA will assist the City in consulting with tribal groups that may have an interest in the project. In order to complete this task, LSA will conduct the following:
· Submit a Sacred Lands File Search and Consulting Parties request form to the Native American Heritage Commission (NAHC).
· Prepare a letter to send to geographically affiliated tribal groups listed on the NAHC contact list describing the proposed new project activities. LSA will send the letter to the City to review and to send on City letterhead. If no response is received in two weeks, LSA will follow up with the tribal groups via telephone.
· Attend AB 52 consultation meetings with City and tribal representatives to provide technical input (up to 16 hours total).

Subtask 4.2. Data Recovery – OPTIONAL
LSA anticipates the project will affect portions of CA-YOL-27. FWARG conducted data recovery of the site on F Street between 5th and 6th Streets in 2009 and removed many features in a trench during that study. Further, during the WDSCIP implementation, human remains were identified at the manhole location at 85 centimeters below surface (cmbs) cmbs (2.79 feet) within a disturbed context attributed to previous utility installation.

Aggregate base associated with road fill was identified from 0 to 40 cmbs at the manhole excavation located at the intersection of F and 5th Streets during the WDSCIP data recovery investigation. The project proposes new street lighting, attached and separated sidewalks, driveways, and new curb ramps all of which will be ADA compliant. In the event that testing results in the identification of archaeological deposits associated with CA-YOL27, or in the event that the project design will extend below 40 cmbs, LSA proposes preparation of a Data Recovery Report to address the find and to comply with CULT-1a of the WDSCIP EIR. As part of this task, a Memorandum of Agreement (MOA) will need to be prepared to comply with Section 106.

LSA would conduct the following tasks as part of the data recovery effort:
29 Scope of Services – E & F Street Frontage Improvement Project P:\Proj\20316-W Sac-E and F Streets Frontage Improvements\00-ADMIN\Agreements\Working Docs\20230505 - Amendment No. 7 - Add 5th street traffic signal\20316 Exhibit A_Scope for Addendum No 7.docx Page 6 of 9 · LSA would prepare a MOA for the City, HUD, and the State Historic Preservation Officer (SHPO) to sign.

The MOA would include data recovery and construction monitoring as treatment for affecting site CAYOL-27. The Most Likely Descendent (MLD) designated during testing (if human remains are identified) would be invited as a signatory party. If an MLD is not designated, geographically-affiliated tribal groups will be invited as signatory parties.
· LSA would prepare a Data Recovery Plan for the portion of CA-YOL-27 that will be impacted by the project. The Data Recovery Plan would specify the archaeological methods to be used (i.e. control units, auger holes, recordation, safety measures, etc.) to obtain the necessary data needed to answer research design questions.
· LSA would conduct the data recovery field excavation. Data recovery would include five days of field investigation of the vertical APE that would adhere to the methods set forth in the Data Recovery Plan.

LSA would invite a tribal monitor from Yocha Dehe Wintun Nation to observe the archaeological data recovery field work. LSA proposes conducting the data recovery after the first 40 cm of aggregate and road base are removed but before deeper excavation is conducted for the project. LSA has included a heavy equipment operator for five days and a Yocha Dehe Wintun Nation tribal monitor for five days as part of this scope and budget
· LSA would conduct lab analysis on the material recovered from the data recovery field investigation.

Specialized studies would be dependent on what is found; however, for purposes of this scope LSA has included budget for human osteological analysis, flaked stone analysis, radiocarbon dating (14C) of 3 samples, energy dispersive x-ray fluorescence (EDXRF) obsidian sourcing of six samples, obsidian hydration of six samples, faunal bone analysis, and archaeobotanical analysis of six flotation samples. · LSA would prepare a Data Recovery Report that would adhere to Section 106. LSA would use as much of the original WDSCIP Data Recovery Report as possible to prepare the report. The report would contain technical appendices of the specialized studies, a DPR 523 site record updating the findings of the new data recovery efforts at CA-YOL-27, and a copy of the artifact catalog. Copies of the report would be submitted to the City of West Sacramento and the Northwest Information Center..

TASK 5. Design Documents
Subtask 5.1. 60% Plans, Specifications, and Estimate
Based on the obtained information, Y&C will use VISUAL software to prepare photometric analysis for E Street and F Street between 5th Street and 6th Street, which will be submitted to the City of West Sacramento for review and approval.

Once the photometric analysis is approved, Y&C will prepare lighting PS&E for E Street and F Street between 5th Street and 6th Street. Y&C will submit lighting PS&E to the City for review.

In addition, Y&C will coordinate with PG&E in identifying electrical service point locations. Y&C will provide technical data such as electrical loading and voltage to the City for service application.

HLA Group will provide planting and irrigation plans similar to those previously installed within the Washington District and contain elements including (but not limited to) tubular steel fencing, stormwater planters, planting and irrigation within the public right-of-way. HLA Group will coordinate grading and design of these areas with civil and utility work, as well as provide specifications in accordance with the City standards.

BEN|EN will identify all permitting & application requirements and in conjunction with the City staff, establish an implementation plan and timeline to meet all requirements.

The BEN|EN team will prepare, compile and submit Plans, Specifications, and Estimate to the City for review and comment. The design documents will be prepared using the City Standard Specifications. The BEN|EN team will include a complete set of construction drawings including the following:
30 Scope of Services – E & F Street Frontage Improvement Project P:\Proj\20316-W Sac-E and F Streets Frontage Improvements\00-ADMIN\Agreements\Working Docs\20230505 - Amendment No. 7 - Add 5th street traffic signal\20316 Exhibit A_Scope for Addendum No 7.docx Page 7 of 9 · Demolition Plan
· Improvement Plans
· Grading Plans
· Utility Plan
· Construction Details
· Pavement Delineation & Signing Plans
· Landscape and planting Layout Plan
· Irrigation Plan with MWELO documentation
· Traffic Signal & Lighting Plans
· Construction Cost Estimate
Construction specification will be prepared using the City Standard Specifications format.

Comments received from the City will be tabulated; responses will be addressed and incorporated on the project plans as necessary.

Deliverables:
· Photometric Analysis
· A pdf and Four (4) hard copy sets of the Plans, Specifications and Estimate at the 65% level Subtask 5.2. 95% Plans, Specifications, and Estimate
The BEN|EN Team will prepare and submit Plans, Specifications, and Estimate to the City for review and comment.

We will schedule three weeks for City review.

Review comments received from the City will be tabulated; responses will be addressed and incorporated in the subsequent PS&E submittal.

Deliverables:
· Four (4) sets of the Plans, Specifications, and Estimates at the 95% level, Comment Response Table, comments from previous submittal.

Subtask 5.3. Final Plans, Specifications, and Estimate
The BEN|EN Team will prepare and submit Plans, Specifications, and Estimate to the City for review and comment.

We will schedule two weeks for City review.

Upon receiving final comments from the city, or time will incorporate and submit Signed Plans, Specifications, and construction cost estimate.

The BEN|EN Team will update the Specifications to incorporate Federal language.

Deliverables:
· Two (2) sets of the Plans, Specifications, and Estimates at the Final level, Comment Response Table, comments from previous submittal.
· Final stamped and signed by a CA registered PE.

TASK 6. Bidding and Construction Support (OPTIONAL)
Subtask 6.1. Bidding Support
BEN|EN will provide senior staff to assist the City with addressing bidder questions, attend pre-bid meeting, and design support for addenda during the bidding phase.

Assume one (1) pre-bid meeting.
31 Scope of Services – E & F Street Frontage Improvement Project P:\Proj\20316-W Sac-E and F Streets Frontage Improvements\00-ADMIN\Agreements\Working Docs\20230505 - Amendment No. 7 - Add 5th street traffic signal\20316 Exhibit A_Scope for Addendum No 7.docx Page 8 of 9 Subtask 6.2. Construction Support
BEN|EN will provide senior staff to assist City with RFIs, address questions, review submittals, attend meetings and make project site reviews during the construction phase. Assume four (4) RFIs and four (4) field site visits.

BEN-EN will answer questions related to traffic signals from the bidders during the bidding period. BEN-EN will respond to the Contractor’s Requests-for-Information (RFIs) and review the Contractor’s shop drawing submittals.

In addition, Y&C will prepare as-built traffic signal plan based on the Contractor’s redline drawings.

Subtask 6.3. Construction Monitoring
LSA will support the City during construction phase of the project to comply with the WDSCIP EIR mitigation measure CULT-1b and to comply with Section 106. An LSA archaeologist would monitor all ground-disturbing activities associated with the construction of the project. For purposes of this scope, LSA has included 20 work days of monitoring services. LSA would coordinate with a tribal representative from Yocha Dehe Wintun Nation to accompany the archaeologist during monitoring, upon City approval. LSA will prepare a memo summarizing the methods and findings at the completion of monitoring.

Archaeological Monitoring Plan
As part of this task, LSA will prepare an Archaeological Monitoring Plan that describes the procedures for the appropriate identification and treatment of archaeological resources if any are discovered during construction activities. The Archaeological Monitoring Plan will include an archaeological background and sensitivity assessment, outline the monitoring procedures, define the decision thresholds, and include a regulatory context.

The plan will include provisions to halt work in the immediate area in the event of a discovery to allow for resource evaluation, identify the need for monitoring by both a cultural resources specialist and Native American monitors, and provide detailed guidance outlining when and for what activities monitors must be present.

The Archaeological Monitoring Plan will be provided to Yocha Dehe Wintun Nation for review and approval in PDF or Word format. We have budgeted 4 hours to coordinate with Yocha Dehe Wintun Nation and respond to comments during review of the document. Following resolution of any comments, LSA will finalize the document and resubmit it to Yocha Dehe Wintun Nation in PDF format.

LSA will submit the draft Archaeological Monitoring Plan to the City in PDF or Word format. We have budgeted 2 hours to respond to comments during review of the plan. Following resolution of any comments, LSA will finalize the plan and resubmit in PDF format.

Worker’s Environmental Awareness Program
LSA will develop a cultural resources Worker’s Environmental Awareness Program (WEAP) to train the construction crew on the legal requirements for the treatment of cultural resources as well as procedures to follow in the event of a cultural resources discovery. LSA will prepare up to 50 handouts and conduct one preconstruction WEAP meeting at the project site to describe the monitoring procedures, the types of resources that could be encountered, and the reason for the mitigation.

Construction Monitoring
A qualified LSA archaeologist will monitor ground disturbing construction activities as prescribed by the Archaeological Monitoring Plan. LSA will monitor a total of 20 full work days (8 hours per day) during ground disturbing activities associated with the project. The exact schedule and timing of monitoring will be determined through coordination with the City and their contractor on a weekly basis.

LSA will coordinate and invite a Yocha Dehe Wintun Nation Native American monitor to accompany LSA in monitoring for up to 20 days of ground-disturbing activities in the project area to determine the presence of any tribal cultural resources. Yocha Dehe Wintun Nation will work as a sub-consultant to LSA. LSA has based the tribal resources monitoring budget on recent hourly rates provided by Laverne Bill of Yocha Dehe Wintun Nation. 32 Scope of Services – E & F Street Frontage Improvement Project P:\Proj\20316-W Sac-E and F Streets Frontage Improvements\00-ADMIN\Agreements\Working Docs\20230505 - Amendment No. 7 - Add 5th street traffic signal\20316 Exhibit A_Scope for Addendum No 7.docx Page 9 of 9 Subtask 6.4. Prepare As-built Drawings
The BEN|EN Team will prepare “As-Built” drawings in AutoCAD based on contractor’s notes and red lines.

TASK 7. Traffic Signal Design
Subtask 7.1. 65% Plans, Specifications, and Estimate for Traffic Signal BEN-EN-Y&C will prepare PS&E traffic signal installation at the 5th Street/F Street intersection. The traffic signal plan will also include traffic signal interconnect system on 5th Street interconnecting the proposed signal at F street to existing signals at Tower Bridge Gateway and C Street. BEN-EN will also use VISUAL software to prepare photometric analysis to ensure adequate lighting intensity will be provided at the 5th Street/F Street intersection.

BEN-EN will submit traffic signal PS&E to the City of West Sacramento for review at 65% and 95% level. Any comments by the City will be incorporated into final (100%) PS&E.

Deliverables:
· Photometric analysis for the 5th Street/F Street intersection · One sheet of 1”=20’ traffic signal layout plan
· One sheet of no scale signal equipment and conductor schedules · One sheet of 1”=40’ traffic signal interconnect plan
· Technical specifications and construction cost estimate Subtask 7.2. 95% Plans, Specifications, and Estimate for Traffic Signal The BEN|EN-Y&C Team will prepare and submit Plans, Specifications, and Estimate to the City for review and comment. We will schedule three weeks for City review.

Review comments received from the City will be tabulated; responses will be addressed and incorporated in the subsequent PS&E submittal.

Deliverables:
· PDF submittal of Plans, Specifications, and Estimates at the 95% level, Comment Response Table, comments from previous submittal.

Subtask 7.3. Final Plans, Specifications, and Estimate for Traffic Signal The BEN|EN Team will update the PS&E package to incorporate the newly added Traffic Signal Design scope.

The BEN|EN-Y&C Team will prepare and submit signed Plans, Specifications, and Estimate to the City. 33 Fee Estimate_Addendum No. 7
Curret Budget New Budget
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Contract Contract

1.1 - Develop Project Development Team and Workplan hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $01.2 - PDT Meetings and Stakeholder Coordination hrs $0 4 hrs $816 hrs $0 hrs $0 hrs $0 4 hrs $816 $0 $0 $0 $816 $0 $01.3 - Monthly Invoices and Status Reports hrs $0 4 hrs $816 hrs $0 hrs $0 4 hrs $320 8 hrs $1,136 $0 $0 $0 $1,136 $0 $01.4 - Quality Control hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $0 Subtotal hrs $0 8 hrs $1,632 hrs $0 hrs $0 4 hrs $320 12 hrs $1,952 $0 $0 $0 $1,952 $36,322 $38,274

2.1 - Boundary and Right of Way Mapping hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $02.2 - Topographic Survey and Base Mapping hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $4,575 $0 $4,575 $0 $02.3 - Utility Support hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $0

2.4 - Right of Entry Exhibits hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $02.5 - Resident Outreach hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $0 Subtotal hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $4,575 $0 $4,575 $41,658 $46,233

3.1 - Utility Verification and Coordination with Owners hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $0

3.2 - Utility Locating (Nondestructive) hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $03.3 - Utility Impact Resolution hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $03.4 - Utility Locating (Trench Method) hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $03.5 - Utility Pothole Monitoring and/or Archaeological Testing hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $03.6- Utility Adjustment/Relocation Coordination hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $0 Subtotal hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $53,306 $53,306

4.1 - Section 106 Consultation hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $04.2 - Data Recovery hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $0 Subtotal hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $197,484 $197,484

5.1 - 65% Plans, Specifications, and Estimate (PS&E) hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $05.2 - 95% Plans, Specifications, and Estimate (PS&E) hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $05.3 - Final (100%) PS&E Documents hrs $0 8 hrs $1,632 20 hrs $3,360 hrs $0 hrs $0 28 hrs $4,992 $0 $0 $0 $4,992 $0 $0 Subtotal hrs $0 8 hrs $1,632 20 hrs $3,360 hrs $0 hrs $0 28 hrs $4,992 $0 $0 $0 $4,992 $126,746 $131,738

6.1 - Bidding Support 2 hrs $500 4 hrs $816 6 hrs $1,008 hrs $0 hrs $0 12 hrs $2,324 $0 $0 $0 $2,324 $0 $06.2 - Construction Support hrs $0 8 hrs $1,632 24 hrs $4,032 24 hrs $3,888 hrs $0 56 hrs $9,552 $0 $0 $2,300 $11,852 $0 $06.3 - Construction Monitoring hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $06.4 - Prepare As-built Drawings hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $0 $0 $0 Subtotal 2 hrs $500 12 hrs $2,448 30 hrs $5,040 24 hrs $3,888 hrs $0 68 hrs $11,876 $0 $0 $2,300 $14,176 $1,159 $15,335

7.1 - 65% PS&E hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $16,790 $16,790 $0 $0

7.2 - 95% PS&E hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $6,785 $6,785 $0 $07.3 - Final PS&E hrs $0 hrs $0 10 hrs $1,680 10 hrs $1,620 hrs $0 20 hrs $3,300 $0 $0 $2,875 $6,175 $0 $0 Subtotal hrs $0 hrs $0 hrs $1,680 10 hrs $1,620 hrs $0 20 hrs $3,300 $0 $0 $26,450 $29,750 $0 $29,750 PROJECT TOTAL 2 hrs $500 28 hrs $5,712 60 hrs $10,080 34 hrs $5,508 4 hrs $320 128 hrs $22,120 $0 $4,575 $28,750 $55,445 $456,675 $512,120 Client: City of West Sacramento
Principal
Engineer
Date: 05/10/2023Consultant: Bennett Engineering Services IncProject: E & F Streets Frontage Improvements ProjectFee EstimateTask 7 Traffic Signal Design 168 $/hr
Engineer II
Task 4 Supplemental Environmental Documents and Cultural ResourcesTask 3 Utility Coordination Project
Manager IV
204 $/hr
Task 2 Surveys & Mapping and Right of Way EngineeringTask 1 Project Management and CoordinationTask 5 Design DocumentsTask 6 Bidding and Construction Support (OPTIONAL) Designer III
250 $/hr 162 $/hr TOTAL TOTAL
Addendum
No. 7
TOTAL
MISC.

EXPENSES
Administrative
80 $/hr
BEN|ENSubtotal UNICO Y&C
Additional Fee Information
This fee estimate is valid for 90 days from the date show above.This fee estimate contains an abbreviated list of staff classifications and does not restrict BEN|EN to those classifications. The Standard Rate Schedule with a full list of staff classifications is available upon request. This fee estimate contains an approximation of the breakdown between labor, expense, and consultants. BEN|EN reserves the rights to distribute funds differently based on project needs.Standard hourly rates do not apply to a demand to perform work during an overtime period. Work required to be performed during an overtime period (as mandated by California law) may be charged at a 50% premium. Work mandated by Prevailing Wage laws may becharged at a 25% premium.Hourly rates include all compensation for wages, salary-related benefits, overhead, general office administration, and profit. Direct project administrative hours will be billed at the rate shown above.Classifications may be added or removed as-needed without notice.Changes in the requested scope of work or projected schedule may result in the revision of the proposed fees and amendment to the total contract amount.Rates are subject to change annually effective July 1st.

P:\Proj\20316-W Sac-E and F Streets Frontage Improvements\00-ADMIN\Agreements\Working Docs\20230505 - Amendment No. 7 - Add 5th street traffic signal\20316 Exhibit B_Fee for Addendum No. 7.xlsx Page 1 of 1 34 CITY COUNCIL AGENDA REPORT
MEETING DATE: July 19, 2023 ITEM # 4
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 23-59 AMENDING THE CAPITAL IMPROVEMENT PROGRAM; APPROVAL OF THE PROJECT PLANS AND
SPECIFICATIONS; AND AWARD OF A CONSTRUCTION CONTRACT TO VSS INTERNATIONAL, INC. FOR THE NEIGHBORHOOD PAVEMENT PRESERVATION & ARTERIAL STREETS PAVEMENT REPAIR PROJECTS (CIPS 17026 & 17021) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Christian Asuncion, Associate Civil Engineer
Kevin Tan, Assistant Civil Engineer
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 to consider adoption of Resolution 23-59 amending the Capital Improvement Program, approval of the project Plans and Specifications, and award of a construction contract to the lowest responsive, responsible bidder VSS International, Inc. for the Neighborhood Pavement Preservation Project and the Arterial Streets Pavement Repair Projects (CIP 17026 & 17021).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that a Class 1 exemption under California Code of Regulations Title 14, Division 6, Chapter 3, Article 19, Section 15301 is the appropriate level of environmental review for CEQA for the construction of the Neighborhood Pavement Preservation Project and the Arterial Streets Pavement Repair Projects; 2) Adopt Resolution 23-59 amending the Capital Improvement Program; 3) Approve the Project Plans and Specifications for the Neighborhood Pavement Preservation & Arterial Streets Pavement Repair Projects (CIPs 17026 & 17021);
4) Award a construction contract to the lowest responsive, responsible bidder, VSS International, Inc; 5) Delegate Authority to the City Manager, or his designee to execute a construction contract with VSS International, Inc. for an amount not to exceed $3,652,000.00; and 6) Authorize the City Manager or his designee to execute non-substantive changes or modifications, amendments, change orders, agreements, purchases up to 20% of the construction contract ($730,400.00) with approval from the City Attorney and the Finance Department.

BACKGROUND
The City West Sacramento first established a Pavement Management System (PMS) in 1991 to help identify, track, and prioritize roadway maintenance, rehabilitation and pavement preservation treatments. Additional updates to the PMS were completed in 1999, 2005, 2013 and 2018. An update to the PMS as a project was included in the 2023/2024 CIP Budget that was approved by Council on June 28, 2023. Over the years, the scope of street pavement rehabilitation projects has expanded as mandated by regulation to include improvements related to ADA compliance and emphasizing better bicycle and pedestrian facilities. Further, an up-to-date PMS is now required to be eligible for federal and state grants for road repair and preservation.

The PMS update contains information necessary to understand the City's current and long term needs relative to maintenance, rehabilitation, and preservation. It details both the short term and long-term costs associated with implementing the PMS program. Implementation of the PMS has guided the City in its prioritization of road maintenance, rehabilitation and preservation, and has highlighted the need for additional funding to properly maintain the City's roadways. Over the past few years, the City has been receiving numerous pothole complaints and experiencing pavement failures on a variety of its streets. As in most localities, the City has three basic needs relative to pavement management: maintenance, preservation, and rehabilitation.

In 2019, City staff developed and the City Council approved a Pavement Management Plan based on policy guidance received from the Transportation Mobility, & Infrastructure Commission and City Council. The plan consists of the following two programs that are prioritized and adjusted based on funding levels authorized by the City Council through the Capital Improvement Program (CIP).

Neighborhood Preservation Program 35
This program is focused on preserving and maintaining local roadways in a given area each year, but still has the flexibility to triage needs along major arterials. City staff has broken the City into 10 areas approximately based on land use, major barriers (freeways, railroads, arterials, etc.), and proximity. These categories were chosen because they lead to more cost-effective projects. For example, a pavement treatment used in rural areas would not be advisable for suburban residential application, while a collection of roadways in close proximity to each other reduces costs during construction. It is important to note that because the needs in each region far exceed the available funds, this program will not pave every road in an area or even fully rehabilitate roadway segments, but rather aims to apply various seal coats.

Community Investment Program
This program is focused on rehabilitating the City's major arterials and collectors. Roadways selected for this program vary depending on the funding level approved by City Council. The general methodology for selection of roadway segments is their proximity to economic drivers, grant eligibility, and traffic volumes. An example of this program is the recently completed project along West Capitol Ave and Jefferson Blvd between West Capitol Ave and Park Blvd. Another example is the Port Area Infrastructure and Complete Streets Project, which is currently in the design stage. The Port Area Infrastructure and Complete Streets Project goal is to completely rehabilitate the roadway’s pavement while adding Complete Streets elements to the facility. A further example is the Arterial Streets Pavement Repair Program. The Arterial Streets Pavement Repair Program aims to provide major “dig-out” repairs to limited areas of arterial roadways that are experiencing major pavement failure. It is essentially a “major band-aid” until the arterial can receive full rehabilitation as was done on West Capitol Ave and as will be done as part of the Port Area Infrastructure and Complete Streets Project. Southport Parkway between Lake Washington Blvd and Ramco Street and Jefferson Blvd between Davis Road and Southport Parkway are upcoming examples of where this type of funding will be used to provide a mid-term solution until the roadways can receive overall rehabilitation.

In February 2023, the City awarded a Professional Services contract with 4LEAF, Inc. for construction management services.

ANALYSIS
This project will combine two projects (CIPs 17021 & 17026) into one construction contract. CIP 17026 is for two areas of the Neighborhood Pavement Preservation Program, areas I & J of the Neighborhood Pavement Preservation Program Map (see Attachment 3). The Pavement Preservation Program scope is to preserve local residential roadway pavement. The work generally includes removal of existing traffic stripes, markings and markers, and the installation of Type II Slurry Seal, Cape Seal, or Type III Micro surfacing, thermoplastic pavement striping markings and markers, and potential replacement of signs on existing or new posts.

CIP 17021 is the current Arterial Street Pavement Repair project and will concentrate its efforts to repairing the worst areas of Southport Parkway between Lake Washington Blvd and Ramco Street as well as Jefferson Blvd between Davis Road and Southport Parkway. The work will include removal of existing traffic stripes markings and markers, milling and potential dig-out of pavement and placement of hot mix asphalt (HMA), Type II Slurry Seal, re-striping, and thermoplastic pavement markings and markers.

Pursuant to the Public Contract Code, the project was publicly advertised for construction in the City of West Sacramento News Ledger, City of West Sacramento website, and on OpenGov (an online procurement system) with the following timeline:

Original Date Extended Date
Advertisement: 5/24/2023 n/a
Pre-Bid Meeting: 5/31/2023 n/a
Questions Deadline: 6/2/2023 6/12/2023
Post Responses to Questions: 6/7/2023 6/14/2023
Bid Open: 6/13/2023 6/20/2023
Following the pre-bid meeting, City staff determined it was in the best interest of the City to extend the period for questions as well as the bid open date. Contractors tend to bid more competitively when projects are better understood.

The project team issued one (1) addendum and responded to one (1) question received during bidding. Award of the construction contract is based on the base bid. The four (4) bid proposals received and publicly opened on June 20, 2023 are as follows:
36 Table 1: Bid Summary
The Engineer’s Estimate was $2,300,000 at time of bid advertisement. The apparent low base bid by Dryco Construction, Inc. is $2,329,995.04. Upon further review of the bid package, City staff consulted with the City Attorney and has determined the Dryco Construction, Inc. bid as non-responsive and will reject their bid. In accordance with the provisions of Public Contract Code, Dryco Construction, Inc. is not in compliance with the project Contract Documents Part 2, Section 8(a)(3) and submitted a list of subcontractors performing more than 51% of the work.

The second apparent low base bid by VSS International, Inc. is $2,436,000 which is 5% higher than the apparent low bid and 6% higher than Engineer’s Estimate. From prior bids in the last few years, City staff has received bids that are 15%-20% over the Engineer’s Estimate. As shown in Table 1: Bid Summary, the bids received were very competitive with the apparent low bid within 27% of the highest bid.

The advertised criteria for bid rankings is based on the lowest responsive, responsible base bid. The advertisement included six (6) alternate bid items (Bid Alternative A to F) and was not used in determining the award. The City has an option to approve and award any Bid Alternative once the lowest responsive, responsible bidder has been determined. Upon review of the bid package, City staff recommends awarding and including Bid Alternative A, B, and F to the construction contract in the amount of $1,216,000. These alternatives were selected based on the price, remaining budget, effectiveness of the treatment, current condition, and heavy travel demand and usage. The Bid Alternatives A to F received from VSS International, Inc. are shown below.

Table 2: Bid Alternate Summary
Bid Alternative Amount
A $ 673,000.00
B $ 250,000.00
C $ 71,000.00
D $ 321,000.00
E $ 263,000.00
F $ 293,000.00
As summarized above and based on the evaluation of all required bid documentation, City staff has determined VSS International, Inc. to be the lowest, responsive responsible bidder. City staff is recommending that Council award the construction contract to VSS International, Inc. in the amount of $3,652,000.00.

Upon award of the contract by Council, City staff will coordinate with the contractor to execute the contract and issue a Notice to Proceed with construction.

Environmental Considerations
It has been determined that the appropriate level of environmental review for this project is a Categorical Exemption as identified under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15301 Class 1 (c) of the California Environmental Quality Act. A Notice of Exemption has been filed and approved with Yolo County for this project (Attachment 4). This project is a rehabilitation and/or maintenance of the roadway facility involving no expansion of use beyond the existing, therefore it is a Categorical Exemption and falls under the Notice of Exemption.

Contractor Base Bid Amount
(1) Dryco Construction, Inc. $ 2,329,995.04
(2) VSS International, Inc. $ 2,436,000.00
(3) American Pavement Systems, Inc. $ 2,597,325.25
(4) Pavement Coatings Co. $ 2,960,287.99
37 Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable
Alternatives
Staff recommends that the City Council:
1) Approve the recommended actions as stated above.
2) Modify or defer the recommended actions.
3) Not approve the recommended action or delay the project.

Alternative 1 is recommended to allow construction to move forward for the Project. Delay of the project would likely result in higher bids.

Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Public Works Operations & Maintenance Department, Finance Department, and the City Attorney.

Budget/Cost Impact
The Project Costs and Sources of Funding are summarized in the Table 3 and Table 4 as follows:

Table 3: Breakdown of Remaining Project Costs
Construction Phase Approval Amount
Construction - (VSS International, Inc.) Pending $ 3,652,000.00 Construction Contingency (20%) Pending $ 730,400.00
City CM Staff (Project Management, Engineering, and Inspection) Pending $ 175,000.00 Total Project Costs Remaining $ 4,557,400.00
Table 4: Project Balance and Funding
City Funds Balance Totals
CIP 17021 $ 1,120,553.12
CIP 17022 $ 250,000.00
CIP 17023 $ 266,196.87
CIP 17024 $ 444,022.27
CIP 17026 $ 499,289.79
CIP 17021 (FY23/24) $ 1,000,000.00
CIP 17026 (FY23/24) $ 1,000,000.00
City Funds $ 4,580,062.05
Total Available Funding $ 4,580,062.05
Funds Remaining $ 22,662.05
Total Remaining Project Costs $ 4,557,400.00
Based on the information above, Resolution 23-59 is requesting an inter-project transfer of funds from CIPs 17022, 17023, and 17024 to CIPs 17021 and 17026 in the amounts as specified in Table 5 below:
38 Table 5: Inter-Project Transfer of Funds
CIPs 17023, 17024 & 17026
Sources
CIP 17023 Current Funds Available $ 266,196.87
CIP 17024 Current Funds Available $ 421,360.22
Total $ 687,557.09
Uses
CIP 17023 & 17024 to Transfer into CIP 17026 $ 687,557.09 CIP 17026 Current Funds Available $ 499,289.79
CIP 17026 FY23/24 Appropriation $ 1,000,000.00
Total CIP 17026 Funding $ 2,186,846.88
CIPs 17021 and 17022
Sources
CIP 17022 Current Funds Available to Transfer $ 250,000.00 Total $ 250,000.00
Uses
CIP 17022 to Transfer into CIP 17021 $ 250,000.00
CIP 17021 Current Funds Available $ 1,120,553.12
CIP 17021 FY23/24 Appropriation $ 1,000,000.00
Total CIP 17021 Funding $ 2,370,553.12
Total Project Funding $ 4,557,400.00

ATTACHMENTS
1) Resolution 23-59
2) Construction Contract with VSS International, Inc.
3) Neighborhood Pavement Preservation Program Map
4) Notice of Exemption
39 Attachment 1
RESOLUTION 23-59

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

AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET
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, an Invitation to Bid was publicly advertised for construction in the City of West Sacramento News Ledger, City of West Sacramento website, and on OpenGov (an online procurement system) on May 24, 2023; and
WHEREAS, four (4) bid proposals were received and publicly opened on June 20, 2023; and
WHEREAS, a construction contract was awarded for the Neighborhood Pavement Preservation & Arterial Streets Pavement Repair Projects (CIP 17026 & 17021) to VSS International, Inc. as the lowest responsive, responsible bidder in the amount of $3,625,000.00; and
WHEREAS, based on the above construction cost, City staff is requesting and recommending a $687,557.09 transfer of funds from the previous Neighborhood Pavement Preservation projects (CIP 17023 and 17024) to the current Neighborhood Pavement Preservation project (CIP 17026); and
WHEREAS, based on the above construction cost, City staff is requesting and recommending a $250,000.00 transfer of funds from the On-Call Striping Program (CIP 17022) to the Arterial Streets Pavement Repair Program (CIP 17021); and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1) The City Council hereby approves amendments to the Capital Improvement Program for Fiscal Year 2022/23 as listed below:

CIPs 17023, 17024, and 17026

SOURCES
$687,557.09 400-9900-4990/400-17026-4990 Neighborhood Pavement Preservation $0 TOTAL SOURCES
USES
$266,196.87 400-9900-5950/400-17023-5950 Neighborhood Pavement Preservation $421,360.22 400-9900-5950/400-17024-5950 Neighborhood Pavement Preservation ($266,196.87) 400-9900-5530/400-17023-5800 Neighborhood Pavement Preservation ($421,360.22) 400-9900-5530/400-17024-5800 Neighborhood Pavement Preservation $687,557.09 400-9900-5530/400-17026-5800 Neighborhood Pavement Preservation $$0 TOTAL USES
CIPs 17021 and 17022

SOURCES
$250,000.00 400—9900-5950/400-17021-5950/400 Arterial Streets Pavement Repair 40 Resolution 23-59 Attachment 1

$250,000.00 TOTAL SOURCES
USES
$250,000.00 400-9900-5950/400-17022-5950 On Call Striping Program ($250,000.00) 400-9900-5530/400-17022-5800 On Call Striping Program $250,000.00 400-9621-5530/400-17021-5800 Arterial Streets Pavement Repair $0 TOTAL USES
2) The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
3) This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the West Sacramento City Council this 19th day of July 2023, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
41 1751480.1 7203-001
Contract Documents
Neighborhood Pavement Preservation Program Page | 3-3

CONSTRUCTION CONTRACT
THIS CONTRACT made on July 19, 2023 by and between the City of West Sacramento (“City”), and VSS International, Inc., hereinafter “Contractor”. The City and Contractor may be collectively referred to as the “parties”.

The parties have mutually covenanted and agreed as follows:

2. 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 No. 1, as issued
Bidders List of Subcontractors, (See Part 2)
Construction Contract (See Part 3)
Payment Bond to accompany Contract (See Part 3)
Performance Bond to accompany Contract (See Part 3)
Contractor’s Certification Regarding Workers’ Compensation (See Part 3) General Conditions (See Part 4)
Supplemental Conditions (Special Provisions) (See Part 5) Drawings (See Part 8)
Technical Specifications (See Part 5)
Change Orders
City of West Sacramento Standard Specifications 2002, with Amendments #1 & #2 State of California Department of Transportation (Caltrans) Standard Specifications 2018

3. 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 Neighborhood Pavement Preservation Program (“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.

4. 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 three million, six hundred fifty two thousand dollars ($3,652,000.00) for the Project subject to additions and deductions as provided in the Contract Documents.

CPE23-157 VSS International, Inc
Neighborhood Pavement Preservation Program
42 1751480.1 7203-001
Contract Documents
Neighborhood Pavement Preservation Program Page | 3-4

5. 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 (100) working days, for base bid items as defined in the General Conditions, after the date stated in the Notice to Proceed. Additional working days for Alternative Bid Items if approved for contract award will be allotted for the contractor and will be included in the total number of contract working days for completion of project improvements.

Total additional working days for Alternate Bid Items is: Fifty (50) working days Total number of working days: One hundred (100) working days

6. NOTICE AND SERVICE THEREOF:

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

City of West Sacramento
Christian Asuncion, Associate Civil Engineer
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
Attention
Street Address
City, State, Zip Code
(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.

7. LIQUIDATED DAMAGES:

Liquidated damages as provided for in the General Conditions of the Contract shall be in the sum of Four Thousand Two Hundred Dollars ($4,200.00) 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. 43 1751480.1 7203-001
Contract Documents
Neighborhood Pavement Preservation Program Page | 3-5

8. PREVAILING WAGE:

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

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

9. 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 VSS International, Inc.

Date Aaron Laurel, City Manager
City of West Sacramento
Approved as to form:

Jeffrey Mitchell, City Attorney
Attest:

Jennifer Cusmir, City Clerk
44 1751480.1 7203-001
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THIS PAGE IS INTENTIONALLY LEFT BLANK
45 1751480.1 7203-001
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PERFORMANCE BOND
The CITY OF WEST SACRAMENTO, hereinafter “City,” entered into a Contract dated July 19, 2023 with VSS International, Inc. hereinafter “Contractor,” for the work described as follows:

NEIGHBORHOOD PAVEMENT PRESERVATION PROGRAM
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, VSS International, Inc., the undersigned Contractor, as Principal, and Western Surety Company (corporate surety), a corporation organized and existing under the laws of the State of South Dakota, and duly authorized to transact business under the laws in the State of California, as Surety, are held and firmly bound unto the City in the penal sum of three million, six hundred fifty two thousand dollars ($3,652,000.00), 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.
46 1751480.1 7203-001
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Neighborhood Pavement Preservation Program Page | 3-8
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.
47 1751480.1 7203-001
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PAYMENT BOND
The CITY OF WEST SACRAMENTO, hereinafter “City,” has awarded to VSS International, Inc., hereinafter “Contractor,” a Contract for the work described as follows:

NEIGHBORHOOD PAVEMENT PRESERVATION PROGRAM
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, VSS International, Inc., the undersigned Contractor, as Principal, and Western Surety Company, a corporation organized and existing under the laws of the State of South Dakota 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 sum of three million, six hundred fifty two thousand dollars ($3,652,000.00), 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 48 1751480.1 7203-001
Contract Documents
Neighborhood Pavement Preservation Program Page | 3-10
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.
49 1751480.1 7203-001
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CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION TO: Christian Asuncion, Associate Civil Engineer
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. (Contractor)
By
(Business Address)
(Place of Residence)
50 1751480.1 7203-001
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THIS PAGE IS INTENTIONALLY LEFT BLANK
51 52
53 54
55 CITY COUNCIL AGENDA REPORT
MEETING DATE: July 19, 2023 ITEM # 5
SUBJECT:

CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH

BENNETT ENGINEERING SERVICES FOR PROFESSIONAL ENGINEERING SERVICES FOR THE STATE STREETS PAVEMENT REHABILITATION PROJECT (CIP 15042) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Bridget K. McGinnis, Junior Engineer
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 to approve a professional services contract with Bennett Engineering Services for design and construction management services for the State Streets Pavement Rehabilitation Project (CIP 10542)

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Award a professional services contract with Bennett Engineering Services for design and construction management services on the State Streets Pavement Rehabilitation Project (CIP 10542); 2) Authorize the City Manager or his designee to execute a professional services contract with Bennett Engineering Services in an amount not to exceed $1,130,001, which includes any optional tasks; and 3) Delegate authority to the City Manager or his designee to authorize any optional tasks. Optional tasks will remain optional unless an until expressly authorized in writing; and 4) Authorize the City Manager or his designee to make contract amendments up to 10% ($113,000) of the total value of the contract.

BACKGROUND
The State Streets neighborhood is one the City's older communities, having been platted in the early 1950's.

The neighborhood is located just north of the Deep-Water Channel and is bounded by Jefferson Boulevard to the east, Park Boulevard to the west, Stone Boulevard to the south, and 15th Street to the north. It is characterized primarily by single-family residential homes with mature trees, street parking, and overhead powerlines along most of the streets.

State Streets neighborhood infrastructure consist of three projects: rehabilitation of the sewer lines, replacement of the waterlines, and rehabilitation of the pavement. The State Streets Waterline Replacement and Sewer Rehabilitation Projects were completed in 2021. It was important that all underlying public underground utilities were brought up to a good condition before embarking on the pavement rehabilitation project. The final phase of the infrastructure projects will be the State Streets Pavement Rehabilitation Project. The majority of the streets in the State Streets neighborhood are in poor condition and this neighborhood has been prioritized based on the results of the City’s most recent pavement management plan.

The State Streets Pavement Rehabilitation Project will address the individual street pavements by performing either roadway preservation, rehabilitation or reconstruction depending on the pavement condition. Other project improvements may include, as necessary, concrete work such as replacement and upgrades to the curb, gutter, accessible curb ramps and sidewalk.

ANALYSIS
On February 10, 2023, staff solicited proposals for design and construction management services with a Request for Proposal through the City’s electronic online procurement system, OpenGov.com. On March 8, Addendum #4 was published, extending the submission deadline to March 29, 2023. This extension was provided to encourage more professional service firms to submit proposals. Staff also directly reached out to firms who followed the project on the procurement system. On March 22, 2023, the City received one proposal from the following firm:

1. Bennett Engineering Services
56 Professional Services Contract with Bennett Engineering Services July 19, 2023

A three (3) person evaluation panel ranked and invited the one firm for a meeting on April 17, 2023. City staff evaluated the firm and their proposal based on the following criteria: qualifications and experience, understanding of the work to be done, demonstrated technical ability, technical approach, and acceptance of the City’s contract for services. After reviewing Bennett Engineering Services’ qualifications, experience, and proposed work plan, the staff selection panel determined that Bennett Engineering Services has a strong understanding of the work to be performed and is qualified to provide the required design and construction management services. The attached contract includes the negotiated scope and fees to complete the assignment.

Environmental Considerations
Though typically not necessary for this type of professional services project, an Initial Study and Mitigated Negative Declaration (IS/MND) was previously prepared by Horizon Water and Environment LLC for the State Streets Infrastructure Rehabilitation Projects in accordance with CEQA guidelines.

Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable
Alternatives
Following are the City Council’s primary action alternatives:
1) Approve the recommended actions as stated above.
2) Modify or defer the recommended actions.
3) Elect not to proceed with the recommended actions or cancel the project.

Alternative 1 is recommended to facilitate the design in a timely manner and to meet the overall project schedule.

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.

Budget/Cost Impact
This project is included in the City’s current Capital Improvement Program (CIP) as State Streets Pavement Rehabilitation Project, CIP #15042. There is sufficient funding available in the project budget for the requested actions. No additional funds are required or requested at this time.

ATTACHMENT(S)
1) Professional Services Contract with Bennett Engineering Services 57 CPE23-156 Bennett Engineering Services
State Streets Rehabilitation Project
Expires 7/18/26

CONTRACT FOR SERVICES
THIS CONTRACT is made on July 19, 2023, by and between the CITY OF WEST SACRAMENTO (“City”), and Bennett Engineering Services (“Consultant”).

WITNESSETH:

WHEREAS, the City desires to retain Bennett Engineering Services for engineering design services for the State Streets Pavement Rehabilitation Project; and WHEREAS, the Consultant has presented a proposal for such services to the City, dated June 20, 2023, (attached hereto as Exhibit “A” Scope of Work) and is duly licensed, qualified and experienced to perform those services; and
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” Scope of Work.

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 receipt of written notice to proceed from 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” Schedule of Performance and terminate on July 18, 2026.

B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3. 58 Rev 9.20.22 2
CPE23-156 Bennett Engineering Services
State Streets Rehabilitation Project
Expires 7/18/26
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 One Million, One Hundred Thirty Thousand and One Dollar ($1,130,001), without City’s prior written approval. Optional tasks shall remain optional unless and until expressly authorized in writing by the City. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto and incorporated herein as Exhibit "C" Schedule of Fees. This not to exceed amount includes the amounts shown in Exhibit “C” for the optional tasks, and the amounts shown for optional tasks shall only be available to the extent City directs Consultant to perform any or all of those optional tasks.

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, Attachment 1
59 Rev 9.20.22 3
CPE23-156 Bennett Engineering Services
State Streets Rehabilitation Project
Expires 7/18/26
drawings and data estimates performed to that date in accordance with Section 7 hereof.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:
60 Rev 9.20.22 4
CPE23-156 Bennett Engineering Services
State Streets Rehabilitation Project
Expires 7/18/26
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

6. EXTENSIONS OF TIME:

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

7. PROPERTY OF CITY:

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

B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City. The reuse of any of the materials or documents described in Paragraph 7.A by the City on any other project without the written permission of the Consultant, shall be at the City's sole risk and the City agrees to defend, indemnify and hold harmless the Consultant from all claims, damages and expenses, including attorney's fees, arising out of such unauthorized reuse by the City or by others acting through the City. The Consultant is not responsible and liability is waived by the City as against the Consultant for use by the City or any other person of any data, reports, plans or drawings not signed by the Consultant.

8. COMPLIANCE WITH ALL LAWS:

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

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

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

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” Scope of Work in a manner which is consistent with the generally accepted standards of Consultant’s profession.

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

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

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

10. SUBCONTRACTING:

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

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the 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 62 Rev 9.20.22 6
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should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

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

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

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

15. INDEMNITY AND LITIGATION COSTS:

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

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

16. CONSULTANT TO PROVIDE INSURANCE:

A. Consultant shall not commence any work before obtaining, and shall maintain in 63 Rev 9.20.22 7
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force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).

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

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

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

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or 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 64 Rev 9.20.22 8
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scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 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 65 Rev 9.20.22 9
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the liabilities and obligations assumed by Consultant under the Contract.

17. MISCELLANEOUS PROVISIONS:

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

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

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

D. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

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

City: City of West Sacramento
Capital Projects Department
Attn: Bridget McGinnis
1110 West Capitol Ave, 1st Floor
West Sacramento, CA 95691
Consultant: Bennett Engineering Services
Attn: Leo Rubio
1082 Sunrise Ave, Suite 100
Roseville, CA 95661
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. 66 Rev 9.20.22 10
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H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
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CITY OF WEST SACRAMENTO
ATTEST:

By:

Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

By:

Jeffrey Mitchell, City Attorney
By:

Aaron Laurel, City Manager

CONSULTANT
By:

Leo Rubio, President
Date Executed:
68 EXHIBIT A
Consultant Proposal/Scope of Work

69 C:\Users\bridgetm\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\3W1Q9PCY\State Streets Scope 2023-06-20 (002).docx Page 1 of 10 Scope of Services
Client: City of West Sacramento
Consultant: Bennett Engineering Services Inc
Project: State Streets Pavement Rehabilitation
Date: 6/20/2023
Consultant’s services shall be limited to those expressly set forth below, and Consultant shall have no other obligations or responsibilities for the Project or to the Client except as agreed to in writing or as provided in this Agreement. All of Consultant’s services in any way related to the Project or Client shall be subject to the terms of this Agreement.

KEY WORK SCOPE ASSUMPTIONS:
• City will provide topographic survey from previous projects • City will provide CAD layouts from previous design
• All improvements will be in existing City right-of-way • This scope includes location of existing utilities.
• No drainage system upgrades are planned as part of this project.

Task 1 Project Management

1.1 Develop PDT and Workplan
BEN|EN, in coordination with City Project Manager, will develop the Project Development Team (PDT) with representatives from sub-consultants and appropriate City staff. The PDT will finalize the scope of work, schedule and work plan based on feedback from the City Project Manager. We will identify the critical path elements to keep project delivery on schedule. BEN|EN shall notify the City immediately if there are problems that adversely impact the project schedule.

DELIVERABLES:
• Project scope, schedule – MS Project, work plan

1.2 PDT Meetings
BEN|EN will setup and facilitate all PDT, interagency, field review, and other project related meetings as required to obtain the necessary project related information including project work status, schedule, and budget. BEN|EN will prepare all meeting agendas and meeting minutes and distribute these to the Project Team. Assume total of six (6) meetings.

DELIVERABLES:
• Meeting notices, agendas, minutes, and sign-in- sheets.

1.3 Monthly Invoices and Status Reports
A draft status report will be submitted for City approval prior to submittal of the first invoice. BEN|EN will prepare and submit monthly invoices and status reports to the City. The status reports will include project tasks completed, deliverables submitted and budget expenditures for that month’s invoice. In addition, monthly invoices shall be accompanied by a budget summary indicating task breakdown for budget, percent complete, spend to date, and remaining budget. Invoices will include employee rates, expenses per task, and a copy of any sub-consultant invoices. BEN|EN will provide a project schedule, using Microsoft Project, showing the activities and milestones outlined in our project scope. The activities will show begin and end dates, duration and dependency on other tasks. The schedule will be refined and maintained on a regular basis and as decisions are made throughout the life of the project. We will discuss issues that may affect the project design, budget or schedule.

DELIVERABLES:
70 Exhibit A: Scope of Services
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• Draft Status Report, Monthly Invoices, Project Schedule Updates and Status Reports

1.4 Quality Control
BEN|EN will provide technical resources necessary to ensure that deliverables are complete, and that they meet the City’s requirements. Reviews will be conducted by experienced senior staff and documented using a review form indicating the reviewer name, date of review, and the resolution of any comments. This task includes providing quality control reviews for the 65%, 95%, and Final PS&E submittals.

DELIVERABLES:
• Quality Control Reviews
Task 2 Pavement Evaluation

2.1 Geotechnical Pavement Evaluation
Based on our understanding on the project, we propose to perform the following scope of services:
• Review available project maps and plans to select exploration locations. • Perform a site reconnaissance to review project limits, existing conditions, and to evaluate access.
• Mark out exploratory excavation locations in the field for subsequent utility clearance. • Notify subscribing utility companies via Underground Service Alert (USA) a minimum of two-working days (as required by law) prior to performing exploratory excavations at the site.
• Obtain an encroachment permit from the City of West Sacramento (assumed no fee and bond requirements waived for this City project).
• Provide traffic control measures during field operations as needed in accordance with City encroachment permit requirements.
• Perform pavement cores at approximate 1,000-foot intervals (approximately 30 cores) within the project limits using a portable electric core drill. We assume up to 4 days of coring will be required. If existing pavement thickness exceeds 12 inches, our coring equipment may not be able to penetrate through to the subgrade materials for sampling. • Pavement cores will be retained for reference and photo documentation. • Measure the existing pavement section material thicknesses (HMA and AB, if present) at each core location.
• Obtain representative material samples (asphalt, AB, and subgrade soil) from the core locations using hand tools.
• Upon completion, backfill and patch the cores in accordance with City of West Sacramento encroachment permit requirements. If allowed by the City, we will patch the cores with rapid-set concrete dyed black. We assume that extensive repairs such as saw cutting and re-paving our core locations with HMA are not required and therefore, have excluded this effort from our fee estimate.
• Perform up to seven (7) laboratory R-Value tests to evaluate pavement support characteristics within the project limits.
• Perform other laboratory tests on selected samples to determine pertinent geotechnical parameters.
• Perform an FDR mix design laboratory testing program in general accordance with Section 30-4 of the Caltrans Standard Specifications.
• Analyze field and laboratory data and prepare a summary report to include (but not be limited to) the following:
o Site Plan showing locations of pavement cores.
o Description of site geology and subsurface conditions. o Existing pavement structural section material thicknesses encountered at the core locations. o Deflection testing results and interpretations (if performed) o Laboratory test results
71 Exhibit A: Scope of Services
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o Pavement rehabilitation recommendations
o Construction considerations.

DELIVERABLES:
• Draft and Final Geotechnical Report
Task 3 Preliminary Engineering

3.1 Life Cycle Cost Analysis
BEN|EN will work with Geocon to prepare several pavement designs. Analysis will include construction costs, maintenance costs, environmental factors, safety factors, and a life-cycle cost analysis (LCCA) using net present value.

DELIVERABLES:
• Draft and Final Benefit Analysis and LCCA in PDF
Task 4 Utility Coordination

4.1 Utility Impact Resolution
BEN|EN will prepare a summary of utility impacts and proposed resolutions. Subsequent Utility “B” and “C” letters with project plans will be sent to the respective utility companies.

Potholing is not included in this scope.

DELIVERABLES:
• Utility “B” and “C” letters and plans, summary of impacts and resolutions

4.2 Utility Adjustment/Relocation Assistance
For existing utilities that need to be adjusted or relocated, we will coordinate with utility companies for final utility relocation plans and construction schedule for the relocations prior to or during project construction.

DELIVERABLES:
• Utility Relocation Plans
Task 5 Design Documents

5.1 65% PS&E
The BEN|EN team will prepare, compile and submit Plans, Specifications, and Estimate to the City for review and comment. The design documents will be prepared using the City Standard Specifications.

The BEN|EN team will include a complete set of construction drawings. The plans may include the following:
• Title Sheet – 1
• General Notes – 1
• Typical Cross Sections – 3
• Survey Control – 1
• Layouts – 40
• Construction Details – 10
• Tree Protection Details – 2
• Pavement Delineation and Signing – 40
An outline of the requirement technical specifications will be prepared using the City Standard Specifications format.

Comments received from the City will be tabulated; responses will be addressed and incorporated on the project plans as necessary.

DELIVERABLES:
• A pdf and Four (4) hard copy sets of the Plans, Specifications and Estimate at the 65% level

5.2 95% PS&E
72 Exhibit A: Scope of Services
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The BEN|EN Team will prepare and submit Plans, Specifications, and Estimate to the City for review and comment. We will schedule three weeks for City review.

Review comments received from the City will be tabulated; responses will be addressed and incorporated in the subsequent PS&E submittal.

DELIVERABLES:
• Four (4) sets of the Plans, Specifications, and Estimates at the 95% level, Comment Response Table, comments from previous submittal.

5.3 95% Constructability Review
Flaherty will perform a systematic review of the Plans, Specifications, and Estimate (PS&E). The review will consider access during construction, traffic control and phasing, utility relocations and impacts, works zone clearances during operations, impacts to the public, environmental constraints and mitigations, geotechnical considerations, survey and staking information, line and grades, roadway geometry and details, existing conditions, transitions and conforms, and specialty construction items.

Flaherty will perform a review of the PS&E to identify errors, omissions and conflicts in the plans, specifications, and bit item schedule. The review will identify areas and items of uncertainty and minimize unquantified risk to the bidder.

ESA will review the Mitigation Monitoring and Reporting Program (MMRP) prepared for the project (SCH No. 2019119018) and other applicable information, such as West Sacramento ordinances and policies, then review the construction Specifications to confirm they adequately and correctly address environmental commitments of the project, and to provide text to address contractor commitments and responsibilities as they pertain to environmental resources. It is assumed that up to two rounds of Specifications reviews would be required.

DELIVERABLES:
• Matrix of Comments
• Constructability Review Memo
• Biddability Review Memo
• “Redline” Markups of the PS&E

5.4 Final PS&E
The BEN|EN Team will prepare and submit Plans, Specifications, and Estimate to the City for review and comment. We will schedule two weeks for City review.

Upon receiving final comments from the city, or time will incorporate and submit Signed Plans, Specifications, and construction cost estimate.

DELIVERABLES:
• Two (2) sets of the Plans, Specifications, and Estimates at the Final level, Comment Response Table, comments from previous submittal.
• Final stamped and signed by a CA registered PE.

Task 6 Bidding Support

6.1 Bidding Support
BEN|EN will provide senior staff to assist the City with addressing bidder questions, attend pre-bid meeting, and design support for addenda during the bidding phase.

Assume one (1) pre-bid meeting.

Task 7 Design Support During Construction

7.1 Design Support During Construction
BEN|EN will provide senior staff to assist City with RFIs, address questions, review submittals, attend meetings and make project site reviews during the construction phase. Assume four (4) RFIs and four (4) field site visits.
73 Exhibit A: Scope of Services
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Task 8 Environmental Support During Construction (OPTIONAL)

8.1 Bat Surveys and Reporting
Mitigation Measure BIO-2a restricts the timeframe of tree removal activities to occur outside of the bat maternity season (May 1 – August 31) and winter hibernation season (November 1 – March 1); otherwise, minimization measures will need to be implemented. It is expected that tree pruning, trimming, and removal activities would be required during at least one of these constrained periods. To comply with the requires of the MMRP and ensure no significant impacts to bats from tree removal, ESA will complete bat surveys as follows:

Daytime Bat Survey: ESA will provide a CDFW-approved biologist with experience identifying bat roosts to conduct a daytime habitat suitability assessment of trees on the project that are planned to be trimmed, pruned, or removed with the potential to support colonial bat roosts (e.g., large tree cavities, basal hollows, loose or peeling bark, larger snags, palm trees with intact thatch) or trees with indicators of bat use (e.g., occupancy, guano, staining, smells, or sounds). The habitat assessment and survey will be conducted in compliance with Mitigation Measure BIO-2b. It is assumed that the survey will be completed in one day.

Evening Bat Surveys: If the daytime survey indicates the presence of trees rated 2 (potentially suitable for bat roosts), ESA will proceed to conduct additional evening surveys for two nights, per Mitigation Measure BIO-2b. ESA staff coordinate with Bennett develop a survey methodology for the City to review and approve, and for CDFW to approve, prior to conducting the evening surveys.

If active roosts are discovered, additional actions will be required pursuant to Mitigation Measure BIO-2c (e.g., site-specific alternative impact minimization plan) and BIO-2d (bat roost compensation plan).

8.2 Arborist Support
ESA will provide International Society of Arboriculture (ISA) certified arborist(s) to support Bennet in the implementation of Mitigation Measure BIO-3a, which requires arborist review of trees that may be affected by construction and identification of trees that would need to be trimmed/pruned or removed. In collaboration with Bennett, ESA’s ISA certified arborist will assist to review detailed specifications (site plans) provided by the City of West Sacramento (City) to identify which trees are likely to be affected by construction activities.

Additionally, the arborist will work with on-site Bennett/City staff/contractor, as appropriate, to identify which trees may require pruning/trimming/removal to accommodate concrete work. This scope assumes that on a weekly basis, a total of four (4) hours may be required for the arborist to review materials and plans, and eight (8) hours may be required to conduct field coordination activities with Bennett/City/contractor.

This scope does not include any deliverables pertaining to Mitigation Measure BIO-3b (Implement Mitigation for Removed Trees); however, as part of discussions related to Mitigation Measure BIO-3a, ESA arborists are available to provide input, as needed.

8.3 Cultural Resources Awareness Training
To support compliance with Mitigation Measure CR-1, which requires completion of Cultural Resources Awareness Training to all construction personnel active on the Project site during earth moving activities, ESA will provide a Secretary of the Interior-qualified archaeologist to conduct a cultural resources sensitivity training, which would consist of a ½-hour in-person presentation that describes the types of cultural resources that could be encountered and the actions to follow in the event of a discovery. The training will be provided in a PowerPoint presentation and narrated for future use during project implementation.

8.4 Cultural Resources Discovery Inspections
In the event of an inadvertent discovery of cultural resources during construction, ESA is available to provide a Secretary of the Interior-qualified archaeologist to inspect the find and provide additional recommendations. This scope up to one inadvertent discovery inspection, and does not include consultation with Native American tribes, formal recordation, evaluative testing, or data recovery; ESA is available to provide these services under an amended contract, if necessary. 74 Exhibit A: Scope of Services
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Task 9 Construction Management

9.1 Pre-Construction Phase
Documentation of Pre-Construction Conditions
Our inspector will walk the site and identify any construction issues not addressed on the plans. Our goal is to minimize surprises during the construction phase. The more conflicts and issues that are resolved prior to the start of work the more efficiently work will progress during construction. Our documentation will include complete documentation of the pre-construction conditions.

Pre-construction Meeting
Keith will conduct a pre- construction meeting, which Bennett Engineering, the contractor, City staff, permitting agencies, and our project staff. Other pertinent entities, will be invited to attend.

During the meeting, we will discuss project specifics, including contract submittal requirements, change order and potential claim procedures, the contractor’s construction schedule, technical issues, and safety procedures. Our team will prepare a meeting agenda and will provide minutes to the attendees for their records. All necessary forms will be provided to the contractor for submittal in accordance with required construction records and accounting formats.

9.2 Construction Phase
Safety
Safety is paramount on construction sites. Given that construction work entails a broad spectrum of activities, many of which are inherently dangerous, creating an incident-free construction site requires more than just complying with the myriad regulations that govern construction activities—it demands a “culture of safety” embraced by all levels of an organization. Every person working on a project practices accident prevention. We take a proactive role in job site safety by participating in the contractor’s safety meetings and daily pre-task planning (Job hazard assessments) that identifies the proper way to complete a task.

Defining work in this way allows construction crews to utilize a work plan that integrates production goals and safe practices.

We will also closely monitor the contractor’s traffic control measures for the project. We will thoroughly review the contractor’s traffic control plan. Our proposed staff has worked for Caltrans or with Caltrans and is intimately familiar with the requirements for safe construction traffic control. We will continuously monitor the traffic control activities to ensure that it is being conducted in the safest possible manner.

Changes will be made as required to achieve this goal.

Contract Administration and Project Documentation
We propose use of the standard Caltrans filing system for contract administration and document processing.

This system will allow us to track all project documentation, including contract status, applications for payment, PCO’s, CCO’s, RFI’s, submittals, inspector daily reports, progress photos, up-to-date schedule information, project correspondence, and labor compliance. In addition to paper document, our Office Engineer will keep electronic copies of all project information in the City’s cloud-based file system.

The program can be tailored to follow the City’s filing system to aid in document retrieval and delivery of project files at the end of the project. We recommend holding a meeting at the beginning of the project to confirm document control protocol. This process will allow specific needs to be identified before the files are set up and also to minimize questions at the end of the project.

We will prepare and submit monthly reports to the City in electronic format. These reports will document cost and schedule items for the project to date and for the most recent month. Reporting will include current and previous payments made to the contractor; project completion milestones and any impacts to those dates; change orders processed during the current month and a cumulative total for all change orders processed to date; a narrative on schedule issues, and work completed during the current month as well as anticipated activities for the upcoming month. The report will also include information on submittals and 75 Exhibit A: Scope of Services
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RFIs submitted during the subject period and cumulative to date for the project. Several project photographs will be included in each report of work activities completed during the reporting period.

Our electronic record keeping system allows a seamless electronic path for field staff to interact with the resident engineer, office engineer, the City, the designer, and the contactor in a secure manner, right from the project site. This means Inspectors and the contractor can meet in the field to review any issues and create and submit RFIs with annotated plan sheets. RFIs can be commented on or forwarded to any project participant for resolution. Once resolved, the resident engineer or the City can convert an RFI into a confirmed PCO that the inspector then tracks on his/her daily report. Once the work is complete, the PCO can be converted to a CCO, with all the background information and field tracking attached. At the end of the project, the City will have a complete electronic (and paper, as required for state or federally funded projects) file that is organized in the requisite file folder categories.

Contractor’s Project Schedule Review
We will implement comprehensive project controls to help manage the critical issues of time, cost, scope, quality, and safety. As time is money, we will focus on efficiently keeping the project on schedule to realize cost savings. Through timely constructability reviews during project initiation and start-up; effective utility coordination; the resolution of project issues at the lowest level of management – at the project site; and expert management of potential claims – the project will be kept on schedule and budget.

We will work closely with the contractor to make certain that schedule control measures and management techniques are in place to accurately plan, monitor, and report performance throughout construction.

We will perform a detailed review of the contractor’s schedule to assess logic between activities, key activity durations to determine whether or not they are realistic, and verify that the critical path complies with the contract documents. We will confirm that all specified construction sequencing and schedule constraints, permit conditions, interfacing with adjacent contracts, and all submittals, procurement, construction, shutdowns and tie-ins, testing and start- up, and closeout activities are included for all contract work. We will also verify that the schedule meets all milestones and deadlines.

During construction, we will review the monthly schedule updates to confirm the progress of construction, including start and finish dates for the activities, changed logic ties, any delays encountered, and other potential impacts. If impacts to the schedule appear imminent, we will immediately schedule meetings with the contractor to discuss alternatives, including the use of additional shifts or manpower, if necessary.

Once the baseline schedule is approved, it will serve as the blueprint for the contractor’s approach to constructing the project and will used to evaluate potential delays and work-around strategies to mitigate delay impacts. If impacts to the schedule appear imminent, our resident engineer will immediately schedule meetings with the contractor to discuss alternatives, including the use of additional shifts or manpower, if necessary.

We will review the monthly schedule updates for accuracy against the project records such as diaries, pour records, and other documentation. We will confirm that weather days, contract change orders, and work resequencing has been included so that impacts to the critical path can be accurately assessed. Our project manager/resident engineer will instruct the contractor to prepare a recovery schedule when any critical path activity falls more than two weeks behind schedule. He will monitor the recovery schedule’s effectiveness in keeping construction activities on track.

Submittal Review
Our Office Engineer will maintain a submittals log and process all required submittals. We understand the importance of reviewing submittals in a timely manner and will receive, log, track, and process shop drawings and other contractor submittals and coordinate review of the submittals with the city. Prior to forwarding submittals to the city, we will review each submittal for completeness. If a submittal is found to be incomplete, it will be immediately returned to the contractor with the deficiencies noted. 76 Exhibit A: Scope of Services
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Labor Compliance (OPTIONAL)
In conformance with all Federal, State and Locally funded Labor Compliance Projects S&H will conduct/facilitate and/or assist with pre-construction conferences and performing all other related labor compliance and PLA requirements to validate contractor’s compliance. On-site activities will include field interviews/field observations, and pre-job conferences. Remote work will include on-going collection and review of certified payroll records and other related labor compliance documents through receiving Certified Mail copies of Certified Payroll and supporting Documents.

S&H will perform the following tasks:
• Attend prevailing wage training at pre-construction meetings in person, or via webinar to help ensure contractor compliance.
• Monitoring and consultation on prevailing wage, certified payroll, apprenticeship and compliance matters.
• Conduct comprehensive hands-on training with payroll administrators employed by contractors submitting certified payroll records.
• Verify contractor's license, DIR registration and worker's compensation, checking coverage as needed.
• Secure and collect weekly Certified Payroll Records (CPR’s) in conformance with the City’s LCP. • Review and verify labor compliance documents are in compliance with applicable labor codes inclusive of Federal and State as deemed necessary in conformance with the City’s LCP Program. • Reviews of daily job site reports.
• Audits of job sites, including interviews of workers. • Reconcile jobsite field interviews against the respective CPR’s. • Monthly reporting to all necessary public entities, contractors, and applicable subcontractors. • Monitor apprenticeship certifications in conformance with California Labor Code standards. • Evaluation of potential violations and consultation on recommended actions. • Intermediary between contractors, amicably resolving disputes related to violations, penalties, and compliance.
• Verify restitution is paid and amended certified payrolls submitted. • Provide technical assistance to Contractors and subcontractors as required. • Maintain project specific files.
• Respond to RFI’s regarding Labor Compliance requirements from contractors, subcontractors, unions, and other parties as required.
• Summary reports at the conclusion of each project.

Safety (OPTIONAL)
Construction Meetings (OPTIONAL)
We will hold weekly progress meetings to coordinate communication with the contractor, the City, and other stakeholders, as necessary. Our staff will meet with the contractor to discuss upcoming operations, contract requirements, and potential issues related to proposed construction activities. Separate field meetings with other stakeholders to discuss their concerns may be necessary to keep the project moving forward. Prior to the contractor demobilizing, we will invite all stakeholders to walk the project with us to make sure their concerns have been addressed. Constant communication with all parties will lead to the successful, on-time completion of the project.

As-Needed Field Inspections (OPTIONAL)
The City inspector will document any deficiencies or deviations from the contract documents in writing, send the information to the contractor, and bring the issues to the City’s attention. The Resident Engineer will review the project documentation on a daily basis to ensure that work is proceeding as planned.

Inspectors will be responsible for:
• Monitoring the contractor’s work for general conformance with the plans and specifications 77 Exhibit A: Scope of Services
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• Documenting the progress of the work with daily diaries and photographs • Monitoring contract change order work in the field
• Confirming that the designer’s submittal comments are incorporated into the work • Reviewing the contractor’s as-built record drawings status • Coordinating materials testing
• Reviewing and logging materials testing results and addressing non-conforming tests • Preparing deficiency and punch lists
Permits (OPTIONAL)
Our resident engineer will develop a log of permit conditions that includes regulatory milestones and reporting requirements, correlates those requirements to pay items and tasks on the CPM and shows current status relative to permit conditions. All activities that directly relate to permit activity or are governed by a permit will be tracked in our inspector’s daily diaries separately. Those activities and inspector’s reports will be available in real time and sortable by permit type/name, date, and responsible contractor.

Public Interaction (OPTIONAL)
We will catalog any interactions with the public, including conversations on the site, telephone complaints, and conversations regarding the project. This will be turned into a log that will be available for the City to review. A summary of any public interaction will be included in the monthly report to the City.

Storm Water and Biological Pollution Prevention (OPTIONAL) Keith will review the contractors’ SWPPP plan and perform compliance inspections during construction. Our project staff is trained in the latest storm water pollution control requirements. We can provide any update training that the city inspector may need. We understand the importance of the various BMPs and will verify they are properly implemented on the project. In addition, we will confirm the contractor is completing their SWPPP reporting to the resident engineer in a timely manner and will provide our own independent reports as well.

Cost Control and Reporting (OPTIONAL)
We will prepare and submit a monthly status report to the City to provide an update on the project schedule, project budget, expenditures on change orders and any appropriate analysis, a forecast at completion (costs), work completed in the specified period, work contemplated for the next period, outstanding project issues, any potential claims and analysis of those claims, project photographs, and the consultant contract status. This report will also summarize the anticipated cash flow of the remaining work, including all hard costs such as change orders, item overruns, and soft costs such as potential claims.

We also utilize our electronic filing system for tracking and monitoring the actual construction costs on a project. This system includes spreadsheets to track progress pay estimates, item over-runs and under-runs, and contract change orders. These forms are in electronic format and can be tailored to meet the City’s needs.

Management of Change Orders and Potential Claims (OPTIONAL) Constructability reviews and a partnering relationship with the contractor are critical to minimizing contract change orders and claims. We will review the project plans and specifications to verify the design as presented is complete and clear, poses no construction conflicts, and is economically feasible to build. If we discover potential issues, we work with the City and the contractor to develop creative solutions.

Our inspectors will walk the project site and utility alignments to identify all pre-existing site conditions, surrounding areas, and access points. The project site conditions will be documented before construction starts to avoid disputes about damage caused during construction or restoration of the site postconstruction. All pre-construction photos and videos will be documented, logged, and filed.

Keith as our resident engineer will use the change order authorization process established with the City at the beginning of the contract. He will complete an entitlement assessment for contract change orders, analyze costs and schedule impacts, recommend approval or rejection, and negotiate the approved change 78 Exhibit A: Scope of Services
City of West Sacramento – State Streets Pavement Rehabilitation

with the contractor. Change order authorizations will be tracked in monthly reports to monitor overall construction budget authorizations and contingency balances. Potential costs will be tracked for budgeting purposes until resolution.

Progress Payments (OPTIONAL)
The contractor will forward their monthly payment request to our resident engineer for review. The resident engineer, with input from the field inspector, will compare every payment item to the actual work. performed during the month. We will recommend to the City any necessary withholdings, such as liquidated damages, labor compliance issues, stop notices, rejected work, or noncompliance with contract requirements. This integrated system ensures that pay records meet audit standards on first review and provide the city real time access to the records.

Materials Testing (OPTIONAL)
Geocon will perform compaction testing, materials testing, and observe material placement for the project.

We will sample and perform laboratory testing to verify materials are in compliance with the contract.

Portland cement concrete testing can be provided under separate scope.

9.3 Project Close-Out (OPTIONAL)
Elements leading to project completion include rectifying outstanding punch list items, approval and acceptance of final payment, and completion of project paperwork. Our tasks will include:
• Working with the contractor to verify the as- built drawings are kept up to date on a regular basis • Making sure our as-built set of drawings reflect the same changes • Developing a punch list of remaining items of work after the contractor’s work is substantially completed and following through with the contractor’s completion of those items • Conducting a final project review with the city, the designer, and other agencies that may be affected by the work
• Upon satisfactory completion, submittal of a formal recommendation for project acceptance. • Preparation of the proposed final payment, addressing the contractor’s exceptions, and submittal of the final payment requests in the time-frame required by law.

Final Project Documentation (OPTIONAL)
We will prepare and submit a final submittal package of all field records to the city. We will also prepare a project completion report, which will include:
• A summary of change orders and potential claims
• A summary of the materials tested and incorporated into the work • Final project schedule and project expenditures
• Summary of final acceptance
• As-built drawings
Paperwork for federal compliance and labor compliance; preparation of reimbursement invoices; and all required paperwork, reports, and submittals, as necessary. 79 EXHIBIT B
Schedule of Performance
Contract Start Date July 19, 2023
Contract End Date July 18, 2026
80 EXHIBIT C
Schedule of Fees
81 Fee Estimate
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Contract Contract Contract Contract

1.1. Develop PDT and Workplan hrs $0 8 hrs $1,944 hrs $0 hrs $0 hrs $0 hrs $0 8 hrs $1,944 $0 $0 $0 $0 $0 $1,944

1.2. PDT Meetings 4 hrs $1,124 32 hrs $7,776 32 hrs $6,944 hrs $0 hrs $0 hrs $0 68 hrs $15,844 $300 $0 $0 $0 $0 $16,144

1.3. Monthly Invoices and Status Reports hrs $0 8 hrs $1,944 hrs $0 hrs $0 hrs $0 hrs $0 8 hrs $1,944 $0 $0 $0 $0 $0 $1,944

1.4. Quality Control 8 hrs $2,248 8 hrs $1,944 hrs $0 hrs $0 hrs $0 hrs $0 16 hrs $4,192 $0 $0 $0 $0 $0 $4,192 Subtotal 12 hrs $3,372 56 hrs $13,608 32 hrs $6,944 hrs $0 hrs $0 hrs $0 100 hrs $23,924 $300 $0 $0 $0 $0 $24,224

2.1. Geotechnical Pavement Evaluation hrs $0 4 hrs $972 20 hrs $4,340 hrs $0 hrs $0 hrs $0 24 hrs $5,312 $200 $0 $0 $0 $41,975 $47,487 Subtotal hrs $0 4 hrs $972 20 hrs $4,340 hrs $0 hrs $0 hrs $0 24 hrs $5,312 $200 $0 $0 $0 $41,975 $47,487

3.1. Life Cycle Cost Analysis 2 hrs $562 16 hrs $3,888 hrs $0 16 hrs $3,264 hrs $0 hrs $0 34 hrs $7,714 $0 $0 $0 $0 $0 $7,714 Subtotal 2 hrs $562 16 hrs $3,888 hrs $0 16 hrs $3,264 hrs $0 hrs $0 34 hrs $7,714 $0 $0 $0 $0 $0 $7,714

4.1. Utility Impact Resolution 2 hrs $562 16 hrs $3,888 hrs $0 16 hrs $3,264 32 hrs $6,144 8 hrs $1,256 74 hrs $15,114 $0 $0 $0 $0 $0 $15,114

4.2. Utility Adjustment/Relocation Assistance 2 hrs $562 16 hrs $3,888 hrs $0 16 hrs $3,264 24 hrs $4,608 8 hrs $1,256 66 hrs $13,578 $0 $0 $0 $0 $0 $13,578 Subtotal 4 hrs $1,124 32 hrs $7,776 hrs $0 32 hrs $6,528 56 hrs $10,752 16 hrs $2,512 140 hrs $28,692 $0 $0 $0 $0 $0 $28,692

5.1. 65% Plans 8 hrs $2,248 40 hrs $9,720 120 hrs $26,040 160 hrs $32,640 240 hrs $46,080 160 hrs $25,120 728 hrs $141,848 $0 $0 $0 $0 $0 $141,848

5.2. 95% PS&E 8 hrs $2,248 60 hrs $14,580 80 hrs $17,360 120 hrs $24,480 120 hrs $23,040 100 hrs $15,700 488 hrs $97,408 $0 $0 $0 $0 $0 $97,408

5.3. 95% Constructability Review 8 hrs $2,248 16 hrs $3,888 hrs $0 hrs $0 hrs $0 hrs $0 24 hrs $6,136 $0 $18,400 $0 $14,732 $0 $39,268

5.4. Final PS&E 8 hrs $2,248 40 hrs $9,720 48 hrs $10,416 80 hrs $16,320 120 hrs $23,040 80 hrs $12,560 376 hrs $74,304 $500 $0 $0 $0 $0 $74,804 Subtotal 32 hrs $8,992 156 hrs $37,908 248 hrs $53,816 360 hrs $73,440 480 hrs $92,160 340 hrs $53,380 1616 hrs $319,696 $500 $18,400 $0 $14,732 $0 $353,328

6.1. Bidding Support 4 hrs $1,124 4 hrs $972 4 hrs $868 8 hrs $1,632 hrs $0 hrs $0 20 hrs $4,596 $0 $0 $0 $0 $0 $4,596 Subtotal 4 hrs $1,124 4 hrs $972 4 hrs $868 8 hrs $1,632 hrs $0 hrs $0 20 hrs $4,596 $0 $0 $0 $0 $0 $4,596

7.1. Design Support During Construction 8 hrs $2,248 40 hrs $9,720 16 hrs $3,472 hrs $0 hrs $0 hrs $0 64 hrs $15,440 $300 $0 $0 $0 $0 $15,740 Subtotal 8 hrs $2,248 40 hrs $9,720 16 hrs $3,472 hrs $0 hrs $0 hrs $0 64 hrs $15,440 $300 $0 $0 $0 $0 $15,740

9.1. Pre-Construction Phase hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $34,500 $0 $0 $0 $34,500

9.2. Construction Phase hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $156,400 $0 $0 $0 $156,400 Subtotal hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $190,900 $0 $0 $0 $190,900 PROJECT TOTAL 62 hrs $17,422 308 hrs $74,844 320 hrs $69,440 416 hrs $84,864 536 hrs $102,912 356 hrs $55,892 1998 hrs $405,374 $1,300 $209,300 $0 $14,732 $41,975 $672,681 OPTIONAL TASKS:

8.1 Bat Surveys and Reporting hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $23,605 $0 $23,605

8.2 Arborist Support hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $42,058 $0 $42,058

8.3 Cultural Resources Awareness Training hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $3,061 $0 $3,061

8.4 Cultural Resources Discovery Inspections hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $0 $0 $2,175 $0 $2,175

9.2 Construction Phase hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $208,150 $57,408 $0 $90,963 $356,521

9.3 Project Close-Out hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $29,900 $0 $0 $0 $29,900 OPTIONAL TASKS TOTAL hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 $0 $238,050 $57,408 $70,899 $90,963 $457,320 PROJECT TOTAL with OPTIONAL TASKS 62hrs $17,422 308 hrs $74,844 320 hrs $69,440 416 hrs $84,864 536 hrs $102,912 356 hrs $55,892 1998 hrs $405,374 $1,300 $447,350 $57,408 $85,631 $132,938 $1,130,001 Task 8 Environmental Support During Construction
Task 9 Construction Management
Task 5 Phase 2 Design Documents
Task 9 Construction Management
Task 6 Bidding Support
Designer V
157 $/hr
Engineer V
281 $/hr
Task 7 Design Support During Construction
192 $/hr
Engineer III
Task 4 Utility Coordination
Task 3 Preliminary Engineering
Engineer VII
243 $/hr
Task 2 Pavement Evaluation
Task 1 Project Management
Engineer IV
TOTAL MISC.

EXPENSES
BEN|EN
Subtotal Flarherty S&H ESA Geocon
Fee Estimate 217 $/hr 204 $/hr
Consultant: Bennett Engineering Services Inc
Project: State Streets Pavement Rehabiliation
Client: City of West Sacramento
Engineer X
Date: June 20, 2023
Additional Fee Information
This fee estimate is valid for 90 days from the date show above.

This fee estimate contains an abbreviated list of staff classifications and does not restrict BEN|EN to those classifications. The Standard Rate Schedule with a full list of staff classifications is available upon request.

This fee estimate contains an approximation of the breakdown between labor, expense, and consultants. BEN|EN reserves the rights to distribute funds differently based on project needs.

Standard hourly rates do not apply to a demand to perform work during an overtime period. Work required to be performed during an overtime period (as mandated by California law) may be charged at a 50% premium. Work mandated by Prevailing Wage laws may be charged at a 25% premium.

Hourly rates include all compensation for wages, salary-related benefits, overhead, general office administration, and profit. Direct project administrative hours will be billed at the rate shown above.

Classifications may be added or removed as-needed without notice.

Changes in the requested scope of work or projected schedule may result in the revision of the proposed fees and amendment to the total contract amount. https://benen.sharepoint.com/sites/Bennett/Shared Documents/Proposals/Proposals-Active/p23321-W Sac-States St Pavement Rehab/p23321-Prelim Scope & Fee/archive/p23321 Fee.xlsx Page 1 of 1 82 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.

CONSULTANTS
By:

Leo Rubio, President
83 EXHIBIT E

LABOR COMPLIANCE

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

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

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

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

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

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

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant 84 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. 85 CITYOFCOWCITY COUNCIL AGENDA REPORT
MEETING DATE: July 19, 2023 ITEM # 6
SUBJECT:

CONSIDERATION OF APPROVAL TO RELEASE A REQUEST FOR
INFORMATION FOR THE CITY’S ON-DEMAND RIDESHARE PROGRAM
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Stephanie Chhan, Senior Transportation Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
On June 7, 2023, the City Council approved Amendment No. 5 to the Amended & Restated Contract with NoMad Transit LLC to extend operations of the West Sacramento On-Demand Rideshare Program through June 30, 2024. This is the last allowable extension per the January 18, 2018 Contract for Services executed with NoMad Transit LLC. The purpose of this report is to seek Council approval to release a Request for Information for a microtransit provider to operate the City’s On-Demand Rideshare Program.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council authorize staff to release a Request for Information for the City of West Sacramento’s On-Demand Rideshare Program.

BACKGROUND
The West Sacramento On-Demand Rideshare Program was launched as a 1-Year Pilot on May 14, 2018 following robust Transportation, Mobility, and Infrastructure (TMI) Commission and City Council engagement dating back to June 2016. The program was initially developed in response to Council direction to explore a more flexible, innovative public transit model that better served resident needs, as fixed route bus service continued to experience increased costs alongside declining ridership. Following the success of the Pilot program, on May 1, 2019, the City Council unanimously approved an Amended and Restated Contract continuing the rideshare program.

ANALYSIS
With the 2023-24 annual contract extension with NoMad Transit LLC approved by City Council on June 7, 2023, the contract will end on June 30, 2024. This is the final allowable extension per the January 18, 2018 Contract for Services executed with NoMad Transit LLC. Given the success of the On-Demand Rideshare Program, staff proposes to explore how to continue the program. Staff requests City Council approval to release a Request for Information (RFI) to solicit information from a broad pool of qualified private and public mobility service providers, including Transportation Network Companies (TNCs), to provide microtransit service to the City. The RFI process will allow City staff to identify if there are other interested and adequate providers that meet the City’s desired service. A draft of the RFI is included in Attachment 1. Staff will return to City Council and report on findings from the RFI process.

Included in the RFI are the goals for the On-Demand Rideshare Program, allowing respondents to understand the City’s intention and priorities with the program. The goals developed in 2018 for the On-Demand Rideshare Program are as follows:
• Provide a safe, reliable, demand responsive flexible transportation service • Maintain or improve the productivity and cost-effectiveness of the existing transit network • Reduce single occupancy vehicle trips and greenhouse gas (GHG) emissions from transportation • Connect underserved residents to key destinations/amenities and alternative modes • Close first- and last- mile gaps at and around key transit hubs and destinations • Increase linked multi-modal and active transportation trips Given the progress and evolution of the On-Demand Rideshare Program since its inception, staff has identified the following goals moving forward:
86 Future of the On-Demand Rideshare Program
July 19, 2023

• Provide safe, reliable, and accessible on-demand transportation service • Connect areas poorly serviced by transit to key destinations/amenities • Increase awareness of and provide convenient connections to multi-modal and active transportation options
• Close first- and last- mile gaps at and around key transit hubs to support regional trips • Maintain a productive, cost-effective, and sustainable microtransit service • Gather data to complement, support, and advance existing and future transit options Staff anticipates the below outlined options for the future of the City’s On-Demand Rideshare Program following the RFI process.

Option 1: Sole Source Contract with NoMad Transit LLC
Should staff determine from the RFI that seeking a new microtransit service provider will incur substantial costs and/or other providers will not meet the desired operational parameters, the City Council can consider a solesource contract with the current provider of the On-Demand Rideshare Program – NoMad Transit LLC, a wholly owned subsidiary of Via Transportation, Inc.

Currently, the City’s On-Demand Rideshare Program operates under a Transportation as a Service (TaaS) – a turnkey solution where NoMad provides the microtransit technology, independent contracted drivers, leased vehicles, and operations management. NoMad provides an app that connects drivers and vehicles with passengers who want rides. NoMad does not employ drivers, and they do not own vehicles. Drivers are independent contractors who can self-select shifts and vehicles are currently owned by VGM and are rented by the drivers for the duration of each shift. NoMad also supplies a rider support line to assist with booking rides and issues including account support, fees or charges, and lost items. The service currently operates from 6AM – 11PM Monday-Friday, 9AM – 11PM Saturday, and 8AM – 8PM Sunday. Riders can book a ride through the Via app or over the phone and payment can be made through a credit/debit card or pre-paid credit card.

Passenger fares are $3.50 per ride, $1.75 for seniors and people with qualifying disabilities. Frequent riders may consider ViaPass, which offers a $15 weekly pass allowing you to ride up to 4 times a day, seven days a week.

Riders are typically asked to travel less than 500 feet to their pick-up/drop-off location to optimize routes for greater efficiency, however door-to-door service is available to users with limited mobility, subject to proof of eligibility.

A sole-source contract with NoMad Transit LLC will eliminate the risk of service disruptions to the program and maintain service, at a minimum, at its existing levels unless otherwise directed by City Council. Via is established with the City’s residents – there will not be a need to introduce a new service provider to the community. The City can consider changes to the service features, parameters, and operations. For example, the City has not adjusted the fares on Via since its inception in 2018. Given increased program costs due to higher gas prices, competitive wages, and inflation, City may wish to consider changes to the fare structure. The City may also consider changes to the ViaPass – 26 percent of weekly active users hold a ViaPass and account for 48 percent of all weekly rides. Seniors 62+ and individuals with eligible disabilities receive a 50 percent discount off the ViaPass price. This frequent rider program effectively provides a 50 percent discount on regular fares and a 70 percent discount on top of already discounted fares. The City can consider adjusting the price of ViaPass, adjusting the number of allowable rides, or offering other ViaPass options. Changes to the existing service model may have budget and ridership impacts that will need to be considered. The City may consider the use of other funds or the continued use of Transportation Development Act (TDA) funding. Should TDA funds continue to be used to support the program, the City must comply with TDA requirements, which involves compliance with the California Public Utilities Code and fiscal and performance audits to ensure program compliance.

Option 2: Partnership with Yolo Transportation District (YoloTD) Since the City’s On-Demand Transit launch, YoloTD launched to operate their own microtransit service, BeeLine (previously known as Yolobus Urban-Rural [YOUR] Ride), in Knights Landing in August 2019 and Winters in March 2020. YoloTD’s third-party operations contractor, Transdev, secured Tripshot Inc. as the technology platform for the microtransit service. YoloTD contracts with Transdev to provide all necessary operational, maintenance, utility, and administrative staff to deliver all Yolobus services including fixed-route, paratransit, and microtransit. YoloTD typically purchases its transit vehicles through the CalACT/MBTA Purchasing Cooperative.

The Knights Landing service provides on-demand transportation between, or within, Knights Landing and Woodland on Monday-Friday and Sunday between 8:30AM – 5:30PM. The Winters service provides on-demand 87 Future of the On-Demand Rideshare Program
July 19, 2023

transportation within Winters and to/from the cities of Davis and Vacaville on Monday-Saturday between 8:30AM – 4:30PM. The fleet of vehicles are all currently wheelchair accessible vehicles (WAV). During the pilot program, YOUR Ride cost passengers $1.00 per trip, 50 cents for youth 18 and under. The pilot period ended and the full fare of $4.00 took effect on January 1, 2023. Customers can book rides through the Tripshot app and those without smartphones can book a ride over the phone by contacting YoloTD. Payments can be made in cash or using a Connect Card, the region’s electronic fare payment system. The YOUR Ride service is only eligible for people with a residence within the primary microtransit service areas and guests of eligible customers.

YoloTD has been planning to launch Woodland’s microtransit service in January 2023, but the launch has been delayed due to a supply chain shortage affecting vehicle procurement. In July 2022, the YoloTD Board of Directors authorized the Executive Director to execute a contract with RideCo US, Inc. for a Microtransit Technology Platform for the new Woodland microtransit service. YoloTD, RideCo, the City of Woodland, key stakeholders and the public are finalizing the plans for the new Woodland microtransit service (e.g., fares, hours of service, fixed route transfer points). The fleet will be a mix of WAV and non-WAV vehicles. YoloTD staff is currently planning for the launch of our new microtransit service in Woodland by June 2023 (pending delivery of new microtransit vehicles), as well as changes to the broader microtransit service district-wide, including the launch of a new mobile app (RideCo) and new brand - BeeLine.

Recent conversations with YoloTD suggest that a partnership may be feasible – though the service will likely be different from the City’s current On-Demand Rideshare Program. YoloTD must comply with employee labor union contracts and service changes are made through new bids with Transdev. This deviates from the flexibility of the City’s current On-Demand Rideshare Program, in which NoMad Transit can make daily adjustments to meet expected demand based on historical ridership trends. YoloTD owns the vehicles that are part of their BeeLine service – requiring upfront costs, vehicle costs and long-term operations and maintenance costs. Additional capital costs and/or infrastructure are anticipated, such as a site to act as the base for vehicles and electric vehicle charging infrastructure if vehicles are electric. The cities that have microtransit services through YoloTD provide TDA funding to support the service and YoloTD complies with TDA requirements as the operator, reducing the staff resources required of the cities to comply with TDA.

There are opportunities to consider with a partnership with YoloTD – such as expanding service into neighboring jurisdictions. YoloTD has indicated that there are funding sources available to YoloTD to support zero-emission vehicle purchases and/or operations costs. The City Council may consider that the City cease our own microtransit operations and partner with YoloTD to provide on-demand microtransit services. Staff will encourage YoloTD to provide a response to the RFI to compare YoloTD’s micotransit service with the City’s current service and other interested providers.

Option 3: Competitive Procurement for On-Demand Microtransit Operator Should staff determine from the RFI that there are comparable and competitive microtransit operators, the City Council can direct staff to solicit innovative transit solutions from a broad pool of qualified private and public mobility service providers, including TNCs, to assist with the design, launch, operations, maintenance, marketing, and evaluation of a turnkey, on-demand microtransit service.

It is possible for NoMad Transit LLC to participate in the competitive solicitation, be the top-ranked proposal, and for City Council to direct staff to proceed with contract development with NoMad Transit. This would avoid any issues with service disruptions and impacts on the user.

It is also possible for YoloTD to participate in the competitive solicitation, be the top-ranked proposal, and for City Council to direct staff to proceed with contract development with YoloTD. If YoloTD or a new operator is selected to provide the On-Demand Microtransit service, activities including but not limited to service planning, vehicle preparation, and driver acquisition will need to be completed and the service ready to launch by July 1, 2024, to avoid any disruptions. Furthermore, riders will need to be able to set up their accounts and eligible discounts prior to launch to ensure continuation of service. A new operator may result in changes to the service features, parameters, operations, and cost which will need to be considered. If a new operator is selected, additional staff time will be needed to promote a new platform, provide customer support to the public to transition to a new platform, and validate the eligibility of riders for discount programs. The City will need to identify an appropriate funding source for the new microtransit operator – should TDA funding be used, the City will need to ensure that the operator can provide the necessary data to comply with TDA requirements. 88 Future of the On-Demand Rideshare Program
July 19, 2023

Option 4: End the On-Demand Rideshare Program
The City Council may also consider ceasing microtransit operations within the City. However, staff does not recommend this option as the On-Demand Rideshare Program has provided people with an affordable mobility option to access employment opportunities, education centers, community resources, recreational opportunities, and healthy food. Furthermore, the data suggests that the program is increasingly popular and a source of reliable transit.

Environmental Considerations
The Request for Information is not a project under CEQA. Staff will return to City Council to provide direction on whether to continue the On-Demand Rideshare Program.

If the City Council proposes to continue the On-Demand Rideshare Program, the project is exempt from CEQA as it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment (State CEQA Guidelines Section 15061 (b)(3)). The fundamental definition of a "significant effect" under CEQA is "a substantial adverse change in physical conditions". Per this definition, it is clear that the operation of up to eleven (11) 6-passenger shared-ride vehicles utilizing existing infrastructure with the intent of encouraging pooling and reducing traffic impacts by shifting community members out of higher VMT (Vehicle Miles Travelled) generating modes (i.e. single occupancy driving or ride-hailing) does not constitute a significant impact.

Moreover, the project is within the scope of the EIR prepared for the General Plan 2035, and no new or substantially more adverse impacts would occur through the implementation of the proposed project. The project directly implements multiple Mobility Element Policies aimed at providing a multi-modal transportation system that supports various modes and benefits community and environmental health. As a result, no new environmental document is required, consistent with State CEQA Guidelines Section 15162 and 15168(c)(2).

Commission Recommendation
An update and the goals of the On-Demand Rideshare Program was presented to the Transportation, Mobility and Infrastructure Commission on June 5. Feedback included consideration of expanding hours of operation and expanding the service area – these decisions will need to be made and negotiated with a selected operator.

Strategic Plan Integration
This project advances the 2022 Strategic Plan goals of “Mobility & Connectivity” as part of the City’s “Mobility Action Plan Implementation” management agenda.

Alternatives
The Council’s primary alternatives to staff’s recommendations are:

1. City Council may postpone staff in releasing the Request for Information for the On-Demand Rideshare Program. Delay in releasing the Request for Information will restrict staff from making an informed decision on next steps and may result in a lapse of service, should the Council wish to continue a citywide rideshare program.

2. The City Council may decline to authorize staff to release the Request for Information and direct staff to end the On-Demand Rideshare Program. This is not recommended given the public support of the program.

Coordination and Review
This report was prepared by the Transportation & Mobility Division of the Community Development Department and received review from the Finance Department, City Attorney’s Office, and City Manager’s Office.

Budget/Cost Impact
At this point, there are no budget/cost impacts except for the opportunity cost for staff time to explore the continuation of the On-Demand Rideshare Program. Should City Council extend the On-Demand Rideshare Program beyond FY 2023-24, a resolution with an appropriation request will be brought forward to City Council for consideration.

ATTACHMENT

1. Draft Request for Information for the City of West Sacramento On-Demand Transportation Service 89 23-023-RFI

FLEXIBLE MICROTRANSIT TURNKEY SERVICES FOR WEST

SACRAMENTO
City of West Sacramento
1110 W Capitol Ave
West Sacramento, CA 95691
RELEASE DATE: July 24, 2023
DEADLINE FOR QUESTIONS: August 9, 2023
RESPONSE DEADLINE: September 1, 2023, 5:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/cityofwestsacramento 90 City of West Sacramento
Flexible Microtransit Turnkey Services for West Sacramento I. Introduction...........................................................................................

II. West Sacramento On-Demand Rideshare Program Background ..........

III. Request for Information ........................................................................

Attachments:

A - Exhibit 1 Flexible Transit Turnkey Services
91 #23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 3 1. INTRODUCTION

1.1. Summary
The City of West Sacramento (City) is seeking information from firms for its On-Demand Transportation Program. This Request for Information (RFI) may be used as a preliminary step to help the City determine the best process to move forward in procuring a long-term flexible microtransit service provider for its On-Demand Rideshare Program.

1.2. Background
The City of West Sacramento is well-known as a regional leader in adopting plans and developments that support sustainable growth patterns and reduce greenhouse gas emissions. West Sacramento is a 22 square mile City with a population of approximately 50,000 located in Yolo County, directly across the Sacramento River from the region’s primary job center, Downtown Sacramento. The City’s existing fixedroute transit network presents a number of challenges.

Public transit service in West Sacramento is operated by the Yolo County Transportation District (YoloTD), providing approximately 500,000 annual rides. The District’s service area includes the cities of West Sacramento, Woodland, Davis, Winters, Yolo County and the Yocha Dehe Wintun Nation, and also provides limited service into Downtown Sacramento. While fixed-route transit ridership in West Sacramento has declined significantly in the last ten years, costs per rider have grown. As such, the City was interested in exploring innovative transit alternatives that provide a more competitive alternative to driving alone and can improve transportation services in underserved areas. Further, the City of West Sacramento is seeking a cost-effective, convenient, and innovative approach to continue strategically supplementing traditional transit service. As the City’s eastern border is the Yolo County and Sacramento County line and across the river is Downtown Sacramento, public transit riders in West Sacramento often transfer to other operators such as Sacramento Regional Transit and Amtrak to complete their trips.

New urban developments and commercial business in the Riverfront Districts were constructed with the intent of creating car-free, urban communities. However, transportation alternatives are being outpaced by the development of residences. While new developments have implemented reduced parking to encourage future active transportation in the district, the present lack of transit and other mode choices results in auto-dependency and latent parking demand, clearly demonstrating the need to create alternatives to driving for residents and visitors.

Low-density suburban routes in the Southport neighborhood have seen relatively poor ridership as a result of long travel times and small, low-density transit catchment areas. In addition, transit stops also lack complementary multi-modal options to help transit riders complete the first and last few miles to and from destinations. Consequently, auto-dependent travel behaviors in these neighborhoods produce the highest vehicle miles travelled in the City.

2.1 Land Use Context
West Sacramento’s well-contained yet diverse land uses provide a unique opportunity to deploy a OnDemand Rideshare Program that would not only harness data on local demand and travel behaviors to improve mobility for residents, but could also serve as a case study for jurisdictions across the country to 92 #23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 4 learn from. West Sacramento is a city of over 50,000 residents with land uses varying from rapidly developing urban districts, suburbs, and rural farms.

The Southport neighborhood includes development south of the Sacramento Deep Water Channel.

Development in Southport occurred primarily from 1980 to 2000 and is comprised by single family suburbs and, to a lesser extent, large lot rural residences. Southport is served by two (2) fixed bus routes: Route 35 operates hourly all week and terminates at the West Sacramento Transit Center, and Route 39 provides peak-hour weekday commute service to Downtown Sacramento. The pedestrian network has low permeability, making it difficult for residents to access transit despite living within ¼- ½ mile of the stop. Long travel times to downtown, ranging from 30-90 minutes, make transit compete poorly with driving, which is a key factor in the neighborhood’s high VMT production relative to other neighborhoods.

As remaining development capacity in the Southport villages continues to be absorbed, new development and redevelopment has begun in the city’s Riverfront districts. The Riverfront districts are evolving into a series of vibrant mixed-use districts lining the Sacramento River. These districts form the urban core of West Sacramento and will include a mix of high-rise and mid-rise residential and office buildings, entertainment, shopping, restaurants, and public gathering places. Just north and west of Riverfront Districts, the historic communities of Broderick, Bryte, Michigan/Glide, and Old West Sacramento will be largely preserved in character, but can expect some infill on vacant lots and redevelopment of dilapidated structures.

Infill development on smaller vacant parcels and underutilized sites is also expected to continue to transform other areas of the city. The Central Business District (CBD) is anchored by uses such as City Hall, the Turner library, the Community Center, and the Los Rios Community College District. Also located in the CBD, the West Sacramento Transit Center is the City’s primary transit hub and is the main terminal for a shuttle providing Downtown Sacramento service every 20 minutes.

2.2 Related Projects and Efforts
Downtown Shuttle: Yolobus Downtown-bound transit lines (Routes 240, 41, and 40) terminates at the West Sacramento Transit Center before continuing into downtown Sacramento as the Downtown Shuttle. The shuttle service runs every 20 minutes from the West Sacramento Transit Center. The 42 is an intercity loop that further provides service into Downtown Sacramento, as well as Woodland, Sacramento International Airport, and Davis.

Route 37 Southport: In 2022, Yolobus discontinue underutilized Routes 35 and 39 in Southport and replaced those two services with a new Route 37 (a hybrid of the 35 and 39 routes) that currently operates on weekdays only. Yolobus’s Fiscal Year 2023-24 budget recommends expanding service to weekends beginning in January 2024.

Bikeshare & Bike Infrastructure: The City allows shared mobility operators, typically operating e-scooters and e-bikes, to seek a permit with the City and operate their mobility devices within the City. Currently, there are two operators in West Sacramento: Lime, who operates scooters and e-bicycles and Bird scooters. The City is working to improve bicycle and pedestrian infrastructure across the City through such efforts such as the Sycamore Trail, I Street Bridge Deck Conversion, North Riverwalk Extension, and Riverfront Street Extension & 5th Street Widening Project. 93 #23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 5 Downtown Riverfront Streetcar: The Sacramento Regional Transit is leading the Downtown Riverfront Streetcar Project to provide service between Sutter Health Park in the City of West Sacramento and the Sacramento Valley Station in the City of Sacramento, which provides connection to the regional Amtrak, Capitol Corridor, and San Joaquin’s rail system, and SacRT’s light rail and bus system. The Downtown Riverfront Streetcar is scheduled to be completed and being operations in 2029. The City is also interested in extensions within West Sacramento, such as to Southport Town Center.

Electric Vehicles and EV Charging Stations: The City is committed to California’s near-term GHG reduction goal of 40% reductions below 1990 levels and the Mayors’ Commissions on Climate Change to achieve carbon zero by 2045. To encourage EV adoption and use of zero-emission vehicles, the City will be installing 26 dual port L2, 10 single port L2, and 12 DCFC charging stations throughout 12 sites within the City by end of 2023. Furthermore, the current On-Demand Rideshare Program fleet is comprised of hybrid vehicles.

Age Friendly Initiative: As a member of the AARP Network of Age-Friendly Communities, the City is updating its Age-Friendly Action Plan that contains specific goals for ensuring that West Sacramento is a place where residents can be safe, productive and happy at every stage of their lives.

1.3. Contact Information
Stephanie Chhan
Senior Transportation Planner
1110 West Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]
Phone: (916) 617-5300
Department:

Community Development -Transportation

1.4. Timeline
Release Project Date July 24, 2023
94 #23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 6 Pre-Proposal Meeting (Non-Mandatory) August 2, 2023, 1:00pm Microsoft Teams meeting
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Question Submission Deadline August 9, 2023, 5:00pm
Proposal Submission Deadline September 1, 2023, 5:00pm
95 #23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 7 2. WEST SACRAMENTO ON-DEMAND RIDESHARE PROGRAM

BACKGROUND

2.1. 3.1 Existing Current On-Demand Transportation Service The West Sacramento On-Demand Rideshare Program was launched as a 1-Year Pilot on May 14, 2018 following robust Transportation, Mobility, and Infrastructure (TMI) Commission and City Council engagement dating back to June 2016. Following a competitive procurement, the City selected NoMad Transit, LLC, a wholly owned subsidiary of Via Transportation, Inc. to pilot a shared, on-demand transportation service with flexible stops, schedules, and fleet supply.

Following the success of the Pilot program, on May 1, 2019, the City Council unanimously approved an Amended and Restated Contract with NoMad Transit LLC continuing the rideshare program through June 30, 2020, which included fleet and service hour expansions to make the service more broadly available and reliable. Currently, the On-Demand Rideshare Program is nearing the end of its fifth year of operations and staff is soliciting feedback and approval from City Council on the fifth annual renewal of the contract with NoMad Transit, LLC to continue operating the On-Demand Rideshare Program through June 30, 2024. This is the final allowable extension per the January 18, 2018 Contract for Services executed with NoMad Transit LLC during the Pilot.

Since launching, the program has received broad regional and local community support, and user surveys have demonstrated successful performance across a range of human-centered indicators. The program has also received multiple awards at the local, state and national level including a League of California Cities Helen Putnam Award, US Conference of Mayors City Livability Award, Metro Magazine’s Innovative Solutions Award, a Smart Cities Connect Smart 50 Award, and the WTS Innovative Transportation Solutions Award for its positive impacts on transportation equity for West Sacramento residents.

The City currently operates a turnkey model, in which NoMad is contracted to provide all elements of the service such as the vehicles, drivers, and technology. NoMad provides the app that connects drivers and vehicles with passengers who want rides. NoMad does not employ drivers, and they do not own vehicles. Drivers are independent contractors who can self-select shifts and vehicles are currently owned by VGM and are rented by the drivers for the duration of each shift. NoMad also supplies a rider support line to assist with booking rides and issues including account support, fees or charges, and lost items. The service currently operates from 6AM – 11PM Monday-Friday, 9AM – 11PM Saturday, and 8AM – 8PM Sunday. The service is supported by up to 11 vehicles (inclusive of 3 wheelchair assessable vehicles), dependent upon demand. Riders can book a ride through the Via app or over the phone and payment can be made through a credit/debit card or pre-paid credit card. Currently, the City’s OnDemand Rideshare Program does not allow a pre-scheduled booking option, but the City is open to considering the feature. Passenger fares are $3.50 per ride, $1.75 for seniors and people with qualifying disabilities. Frequent riders may consider ViaPass, which offers a $15 weekly pass allowing you to ride up to 4 times a day, every day of the week. Riders are typically asked to walk less than 500 feet to their pick-up/drop-off location in order to optimize routes for greater efficiency, however door-to-door service is available to users with limited mobility subject to proof of eligibility. 96 #23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 8 Since launch through April 2023, Via has provided a total of over 649,000 rides throughout West Sacramento for over 13,600 unique accounts. Of the 13,600+ accounts, more than 560, or approximately 5 percent, are senior or disabled account holders. On average, pick-up estimated time of arrival is approximately 12.8 minutes, deviation between estimated time of arrival and actual pick-up time is 0.9 minutes, and 86 percent of vehicles are within 5 minutes of estimated pick up time. Riders walk an average of 318.5 feet to be picked up and trips are an average of 3.3 miles and 10.2 minutes per ride.

On June 15, 2022, the City Council approved a contract of $2,741,254 – comprised of $2,395,191 of Transportation Development Act funding, $69,014 Fiscal Year (FY) 2021-22 fare revenues, and $277,049 of anticipated FY 2022-23 fare revenue reinvestment – with NoMad Transit LLC to support the OnDemand Rideshare Program operations and allocated $115,000 to fund staff time and materials for fiscal year 2022-23.

Between July 2022 – April 2023, the service has completed over 157,000 rides - averaging of 3,622 weekly rides, 593 weekday daily rides, and 328 weekend daily rides. Currently, over 600 unique riders are using the service weekly. Senior/Disabled ridership comprises an average of approximately 379 weekly rides. Recent high ridership has led to 28.1 percent of requests in March 2023 and 25 percent of requests in April 2023 with 21+ minute estimated time of arrivals. Average pick-up time for FY 2022-23 is 14 minutes, deviation between estimated time of arrival and actual time of arrival is approximately 1.3 minutes, and 87 percent of vehicles are within 5 minutes of estimated pick up time. For the second service stand, NoMad Transit LLC indicated the longest distance a customer would walk to meet a vehicle is 1/10 mile, or approximately 500 feet, although most walking distances will be shorter than the maximum and some may even be door-to-door if it is optimal for the network. For Fiscal Year 2022-23, the average pick up walking distance was 320.7 feet.

On June 7, 2023, the City Council adopted the FY 2023-24 fee schedule as shown in Exhibit A. The City Council approved an allocation of up to $3,102,730 of Transportation Development Act funds, an estimate of $150,000 in excess FY22-23 fare revenues, and an estimate of $313,642 in FY23-24 fare revenues for the contract with NoMad LLC and allocated $115,000 to fund staff time and materials for fiscal year 2023-24. Prior contract extensions and service updates are provided on the City’s website:
https://www.cityofwestsacramento.org/services/via-rideshare. If documents cannot be accessed, please contact City staff.

Given the success of this program, the City is interested in continuing the On-Demand Rideshare Program. The City is interested in continuing with similar service parameters and operations, but is open to all types of service models and adjusting fares, service features, and service parameters. This RFI is designed to provide flexibility in soliciting responses from a broad pool of experts spanning transit services and operations, technology providers, transportation network companies, startups, transit vehicle vendors, and marketing and promotions specialist, and other services necessary to continue the City’s On-Demand Rideshare Program.

2.2. 3.2 Goals and Performance Standards of the On-Demand Rideshare Program
The goals for the On-Demand Rideshare Program are as follows:

97 #23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 9 • Provide safe, reliable, and accessible on-demand transportation service • Connect areas poorly serviced by transit to key destinations/amenities • Increase awareness of and provide convenient connections to multi-modal and active transportation options
• Close first- and last- mile gaps at and around key transit hubs to support regional trips • Maintain a productive, cost-effective, and sustainable microtransit service • Gather data to complement, support, and advance existing and future transit options

NoMad Transit LLC proposed two service standards for wait times and walking distance for the OnDemand Rideshare Program. The maximum estimated time of pick-up, or the absolute longest amount of time a customer would have to wait for a Via van to arrive after requesting a ride, is expected to be 21 minutes which is anticipated to occur for less than 10 percent of all customers. The longest distance a customer would walk to meet a vehicle is 1/10 mile, or approximately 500 feet, although most walking distances will be shorter than the maximum and some may even be door-to-door if it is optimal for the network.

2.3. 3.3 Funding Source and Requirements
Currently, the City’s On-Demand Rideshare Program is currently funded through Transportation Development Act (TDA). Should the City continue using TDA funds to support the On-Demand Rideshare Program, the City must comply with TDA requirements and report key performance data. Therefore, the City would require an operator that is able to report performance measures consistent with TDA statute definitions. Performance measures include the following:
• Passengers per revenue hour
• Passengers per revenue mile
• Operating cost per revenue hour
• Operating cost per revenue mile
• Operating cost per passenger
• Accidents/Vehicle roadcalls/breakdowns
• On-time performance
• Passenger complaints and compliments
98 #23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 10 3. REQUEST FOR INFORMATION

3.1. Request for Information Questionaire
Responses to this RFI must not exceed 30 pages in length (not including supplemental materials).

Supplemental materials, if necessary, must not exceed an additional 10 pages in length.

This RFI is for planning purposes only and is not a Request for Proposals (RFP), Invitation for Bid (IFB) or any obligation on the part of the City as to acquire any services. Responses to this RFI are not offers and cannot be accepted by the City to form a binding contract. The City reserves the right to determine how it should proceed as a result of this notice. Furthermore, those who respond to this RFI should not anticipate feedback with regard to its submission. The City will not pay any cost incurred in response to this RFI. The City reserves the right to contact any references provided. All costs associated with responding to this RFI will be solely at the responding party’s expense. The information provided in this RFI is subject to change and is not binding on the City.

Respondents are asked to submit their responses to the following:

3.2. Vendor Information
When submitting your response to this RFI, include the following information:

3.2.1. Name of Company

3.2.2. Address

3.2.3. Vendor Representative, contact number and email

3.3. Vendor Experience and Overview
Briefly describe your company, your services, history, and ownership.

3.3.1. Website Address

3.3.2. Main Services

3.3.3. Main market/customers

3.3.4. Company Location(s)

3.3.5. Year of First Deployment

3.3.6. Similar Programs - Supplemental material or reference to online webpages providing detail of similar programs provided is encouraged. Experience with governmental agency, specifically a local agency, is also encouraged.

3.4. Response to Questions
Please address each of the following topics. Sub-questions are provided to help to clarify the main question and provide more direction for responses. Any maps, images, or figures can be referenced and included as supplemental material.
99 #23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 11 3.4.1. Service Model Overview: Describe the service model options available to the City. Describe how the operational model could function from the perspective of the Operator, the City, and the User.

A. Can you replicate the City’s current service level and/or model? Would a different service model be recommended to the City? If so, please explain your reasoning for proposing a different service model than the service model currently operated by the City.

B. If proposing a different service mode, who would be the target audience of the proposed service model? Are there any unique demographic or socioeconomic traits of the target population? How many participants or people do you estimate will be reached by the project? Explain.

C. Describe the user experience and process for a user requesting a ride. Can the platform support various booking modes? Can the user and drivers easily track and message each other? What are the hours of customer technical support?
D. What is the minimum time period necessary to mobilize for full implementation?

3.4.2. Coverage Area and Operating Hours: Describe and include a map showing the proposed service territory and stop locations, if applicable. If possible, include example schedule and/or route operations.

A. Can your service model replicate the City’s existing service? If you are proposing changes, what does your approach propose and why?
B. How are pick-up and drop-off locations determined (door-to-door, corner-to-corner, virtual stops, or another process)?
C. Can coverage area, operating hours, and pick-up/drop-off locations be adjusted, and to what extent? What is the lead time needed to implement changes? D. Describe inclement weather methodologies or processes used for support of daily service.

3.4.3. Operator(s): Describe who you propose would operate the On-Demand Rideshare Program, both the system and the vehicles.

A. Will a single vendor handle the whole scope of work or will there are sub-contracts, independent contractors, other agencies, or other agreements necessary to fully operate your proposed service model.

B. Describe the main roles and point of contacts that City staff will have regular contact with to successfully manage the proposed service model day-to-day operations – for example, a project manager, customer success partner, field manager, vehicle manager, etc. Describe any regularly scheduled meetings proposed or the level of contact anticipated with City staff. 100
#23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 12 C. Describe the role of the driver in determining route or who to pick up in your platform. Does the driver choose who to pick up, or is that chosen by the software? Does the software take into consider live traffic conditions or road closures?
D. Is there a dispatch center and/or customer support center that oversees the service and escalates alerts that need to be addressed? How are alerts/issues messaged to the riders to indicate potential service delays?
E. How will insurance and liability coverage be provided?

3.4.4. Fleet: Describe type and quantity of vehicles and drivers required to serve the proposed On-Demand Rideshare Program coverage area(s)/location(s). Use the proposed service model from Service Model Overview and Coverage and Operating Hours to make assumptions regarding the fleet.

A. How are drivers recruited and trained? How will driver qualifications, drug test information, infractions, coaching, etc. be tracked? Do you have specific recommendations or requirements about driver training or vehicle type?
B. Describe the fleet's process and resource challenges, including preventative maintenance, emergency services, and new installations.

C. Describe the feasibility and the advantages/disadvantages of incorporating electric vehicles to the service.

D. Describe the feasibility and the advantages/disadvantages of incorporating autonomous vehicles to the service.

E. Would the proposed service be able to integrate to other networks or utilize other services to serve unanticipated demand or decreased fleet availability? How would this work and would this process confirm driver qualifications that meet the operator’s requirements?

3.4.5. Technology Platform and Hardware Requirements: Describe the features and functionality of the technology platform and hardware requirements.

A. What technology platform will enable the on-demand component of the service? B. Is the technology capable of providing a fully automated scheduling, dispatching, and reservation system for a demand responsive service? Can the technology incorporate prescheduled bookings, and how is demand managed with pre-scheduled rides? C. Describe if/how your platform handles fares and fare collection. Is there flexibility in the pricing models to meet the City’s various service goals and objectives such as pricing by distance, day/time of ride, location, or additional passenger pricing? Could the platform provide promotional pricing such as free rides, promo codes, or vouchers? Would your system be able to integrate with third party fare collection systems?
101
#23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 13 D. Does the proposed service enhance connections to other mode choices, such as biking, walking, or taking existing fixed route transit? If so, can it provide real time information regarding other transportation options, recommend optional trip routes, or allow multi-modal booking? Can the application provide information on intercity options?

3.4.6. Marketing and Community Engagement: Describe the marketing and community engagement assistance for supporting the City in launch/major service changes, maintaining rider growth, and understanding rider demographics/use/satisfaction.

A. Can you provide marketing collateral such as emails, posters, social posts, flyers, or press releases specific to the City? Can you provide any hardcopy material for the City to distribute to the public – such as by mail, at City locations, or at special events? What is the lead time needed to create such material?
B. What kind of information can be disseminated through email, text, or through the rider platform? Can marketing material, links or surveys be supported through the rider platform? C. Do you provide representatives to promote the service during special events? Do you provide inperson training for the public such as at senior centers, schools, community centers, libraries, etc.?

3.4.7. Accessibility: Discuss any limitations to your proposed On-Demand Rideshare Program model.
a. How would the service accommodate mobility limited residents, such as seniors or physical impaired users?
b. How would the service accommodate unbanked users?
c. Can the service accommodate users without a Smartphone or data plan? d. How would the proposed service enhance connections to other mode choices, such as biking, walking, or taking existing fixed route transit?

3.4.8. Cost Considerations: Provide a list of associated cost(s) needed to provide the proposed service. If possible, describe the range of initial cost(s) associated with implementation. Use the proposed service model from Service Model Overview and Coverage Area and Operating Hours develop the list of cost considerations.

A. State start-up cost considerations based on the proposed service model. If possible, include any software or hardware components required to operate or support the operation of the software. If pricing is tied to a specific quantity or range, response can describe how changes to these assumptions would impact pricing.
102
#23-023-RFI
Title: Flexible Microtransit Turnkey Services for West Sacramento 14 B. Any supplies, equipment, transportation, or other elements necessary to complete work, but that are not being provided by Proposer, should be explicitly specified.

C. Identify any fees that will be the responsibility of the City. For example, cleaning fees, processing fees, TNC Access for All Fund fees, Public Utilities Commission Transportation Reimbursement Account fees, etc.

D. Are there any funding sources that can be used to support the service such as farebox revenue, FTA 5307, grant programs, sponsorships, or partnerships?

3.4.9. Alignment with City Goals and Performance Evaluation: Discuss how the proposed service model would support the expressed goals of the City and the On-Demand Rideshare Program. Describe the procedures and methodologies that can be used to calculate and compile actual post-project results, details of reporting capabilities of technology platform or software, ease of use, list specific types of data that can be collected/shared with the City to improve transportation planning.

A. If possible, calculate an estimate of number of trips reduced and/or the VMT reduced as a result of this project as compared to no project. The estimates can be for an average day, or for a year.

Provide an explanation of how you calculated the estimates, including formulas and all specific assumptions. Use the proposed service model from Service Model Overview to make these calculations.

B. When/how often should the On-Demand Rideshare Program be assessed for performance? Can the service be modified if the program/project if it is not performing intended? If so, how? C. Will data gathered from the On-Demand Rideshare Program be open and shareable with the City? Describe the data this platform collects and any reports that can be generated from it including standard reports, graphs, or spatial data (if applicable). Describe to what extent data collection and reporting can be customized to suit the agency’s needs. Can this customization be performed by the agency?
D. Can you provide reporting that is consistent/compliant with funding requirements such that the City can continue to utilize Transportation Development Act funds or seek other grant funding opportunities?

3.4.10. Other Product Features, Innovations, and Opportunities: Elaborate on any other features, innovations, and opportunities you can provide that is not covered in the sections above.
103
NoMad Transit LLC
PW20-011 Amendment 5 Via Citywide Transportation Services Expires 6/30/2024
2368104.1 7203.552
Exhibit B: FY 2023/24 Schedule of Fees
WSC Via Year 6 Contract Value
Price per
Driver
Hour
Price per
Service
Hour
Price per
Ride
Total Not-toExceed Price
(12 Months)
Year 6 Service Planning* N/A N/A N/A $55,000
Supply Planning* N/A N/A N/A $0
Total Upfront Costs $55,000
Project Management $3.55 N/A N/A $203,060
Performance Monitoring and Reporting $0.72 N/A N/A $41,184 Marketing & Promotions Plan and Implementation $0.14 N/A N/A $8,008 Program Operations** $47.82 N/A N/A $2,735,304
Total Cost per Driver Hour $52.23 $2,987,556
Customer Service (1.25 FTE X $30.39 per hour) N/A $37.99 N/A $227,180 Total Cost per Service Hour $37.99 $227,180
Estimated Access for All Regulatory Fee*** $0.10 $21,736 Total Cost to West Sacramento (Incl. Fare Revenue),
Before PUCTRA Fees $3,291,472
Estimated PUCTRA Regulatory Fee**** $9,899
Total Cost to West Sacramento (Incl. Fare Revenue),
Incl. PUCTRA Fees $3,301,372
Sources of Funding:

Fare Revenue from FY 22 23 $150,000
Fare Revenue from FY 23 24 $313,642
Funding from City of West Sacramento (Excl. Fare
Revenue) $2,837,730
Total $3,301,372
Driver Hours Summary:

Total Implied Driver Hours 57,200
Implied Driver Hours (Weekly) 1,100
Service Hours Summary:

Total Implied Service Hours 5,980
Total Implied Service Hours (Weekly) 115
DocuSign Envelope ID: E3417D4E-6512-4E1D-AA4D-1AC1F59E1850 Exhibit 1 104
NoMad Transit LLC
PW20-011 Amendment 5 Via Citywide Transportation Services Expires 6/30/2024
2368104.1 7203.552
* Items to be invoiced in full upon the start of Year 6. ** Includes driver pay, vehicle cost (incl. WAV retrofits and spares where applicable), insurance, dedicated IT operations and supply admin, technology access, local & central operations support, T&E, rent, and office expenses.
*** TNC Access for All Fees to be invoiced to West Sacramento on a pass through basis. **** PUCTRA Fees to be invoiced to West Sacramento on a pass through basis.

DocuSign Envelope ID: E3417D4E-6512-4E1D-AA4D-1AC1F59E1850 105

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 19, 2023 ITEM # 7
CONSIDERATION OF THE “AGREEMENT PROVIDING WATER SERVICE FOR THE RIVERS (FINAL MAP 5177)” BETWEEN THE CITY OF WEST SACRAMENTO AND

CENTURY COMMUNITIES OF CALIFORNIA, LLC
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Mark Collier, Principal Engineer
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to approve the “Agreement Providing Water Service for The Rivers (Final Map 5177)” (Agreement, see Attachment 1) between the City of West Sacramento and Century Communities of California, LLC (Developer).

RECOMMENDED ACTION
Staff respectfully recommends that the Council approve the “Agreement Providing Water Service for the Rivers (Final Map 5177)” between the City of West Sacramento and Century Communities of California, LLC.

BACKGROUND
On May 18, 2006, the City Planning Commission approved Vesting Tentative Subdivision Map (VTSM) 4732, “The Rivers II”. The Rivers II is comprised of approximately 63 acres located within the development formerly known as Lighthouse Marina (See Attachment 2, Vicinity Map), and includes 220 single family residential lots, a 2 acre park, 4 lots for high density residential development, and one 12.3 acre lot intended for a school.

On June 14, 2006, the City Council approved the West Riverview, LLC Development Agreement (DA) for the Rivers II project. At that time, the Rivers II property was owned by West Riverview LLC (Grupe). The property was later transferred to West Sac Rivers, LLC.

On September 20, 2017, the City Council approved Final Map 5099, “The Rivers – Phase II”. Said map created 2 lots intended for high density residential development, a lot for purposes of constructing a water storage tank, a lot intended for a school, and a remainder parcel intended for 202 of the 220 single family residential lots depicted on VTSM 4732. Approval of Final Map 5099 included the approval of a Subdivision Improvement Agreement which obligates the developer to complete required public improvements, including the 1.9 million gallon water storage tank. Securities were posted by the Developer to ensure fulfillment of this obligation.

On July 14, 2021, the City Council approved the “Agreement Providing Water Service for the Rivers II Lower 18 Lots”. This Agreement allowed for the occupancy of 18 single family residential lots located within the VTSM 4732 boundary, but outside of the Final Map 5099 boundary, prior to completion of the water storage tank.

Additional security was posted with this Agreement to secure completion of the water storage tank.

On November 17, 2021, the City Council approved Final Map 5176. Said Map created the 18 single family residential lots associated with the “Agreement Providing Water Service for the Rivers II Lower 18 Lots”.

On June 1, 2022, the City Council approved Final Map 5177, which created 202 single family residential lots and a private park. This map is subject to the conditions of approval for VTSM 4732, prohibiting occupancy prior to completion of the water storage tank. An associated Subdivision Improvement Agreement approved by Council with the map reiterated this restriction.

On February 15, 2023, the City Council approved a Water Allocation Agreement between the City of West Sacramento, Richland Homes, and Century Communities which allowed for the occupancy of 29 single family residential lots within the boundary of The Rivers (Final Map 5177) 106
Consideration of Agreement Providing Water Service for the Rivers (Final Map 5177) July 19, 2023

ANALYSIS
Condition of Approval 41 of VTSM 4732 states as follows: “A new 1.9-million gallon water storage tank and pump station are required in order to serve this project. Prior to occupancy within the subdivision, said tank and pump stations shall be constructed and accepted by the City. Prior to issuance of a building permit within the subdivision, a construction schedule which demonstrates that the tank and pump station can be completed prior to a request for occupancy shall be approved by the City Engineer.” The Developer has requested that, contrary to Condition of Approval 41 of VTSM 4732, occupancies be permitted for 55 lots located within The Rivers (Final Map 5177) prior to completion of the Water Tank and Pump Station. The purpose of this Agreement is to provide approval of that request. These 55 occupancies are in addition to the 29 occupancies permitted by the Water Allocation Agreement previously approved.

Completion of the Water Tank and Pump Station has been secured in two manners. Bonds, as required by City Ordinance and the Subdivision Map Act, were posted at the time of approval of Final Map 5099. Also, with approval of the Agreement Providing Water Service for the Rivers II Lower 18 Lots, Richland Homes deposited monies in the amount of the cost of completion of the water tank into an escrow account. Said account is being used for payment of outstanding design and construction costs. Disbursements from said account require approval by both Developer and the City.

As part of staff’s consideration for allowing the Developer’s request, the Developer was required to provide a water capacity analysis in order to determine whether the existing water distribution and storage system contained capacity to serve the 55 additional lots. Said analysis updated the City’s water model to include development which has occurred to date, as well as projecting anticipated demands by future development which is expected to occur prior to the completion of the water tank. Said analysis was conducted by Carollo Engineers.

The analysis concluded that there was ample capacity to serve the 55 lots during the interim period of time it will take to complete the Water Tank and Pump Station. It is anticipated that the Water Tank and Pump Station will be completed by November 2023.

Environmental Considerations
The Planning Commission found VTSM 4732 to be compliant with the California Environmental Quality Act (CEQA) at the time of its approval. No additional findings are required for approval of this Agreement.

Commission Recommendation
The Planning Commission conditionally approved VTSM 4732 on May 18, 2006.

Strategic Plan Integration
Acceptance of these improvements is consistent with the City’s “Principals to Guide the Future” by providing for “Vibrant Neighborhoods”.

Alternatives
Council may choose not to approve the Agreement at this time. This would require that the water tank be completed and accepted by the City prior to occupancy of any home located within the boundary of VTSM 4732, including the subject 18 residential lots. The Developer has indicated that the financial viability to construct the tank is dependent upon their ability to sale the 18 residential lots prior to completion of the tank.

Coordination and Review
This Agreement has been reviewed by the Community Development Department and City Attorney.

Budget/Cost Impact
There is no known fiscal impact.

ATTACHMENT(S)

1. Agreement Providing Water Service for the Rivers (Final Map 5177)

2. Vicinity Map
107
ATTACHMENT 1
2391867.1 7203.311

AGREEMENT REGARDING WATER SERVICE
FOR THE RIVERS (FINAL MAP 5177)
This Agreement Regarding Water Service for The Rivers (Final Map 5177) (“Agreement”) is entered into this ____ day of ________ 2023, by and between the City of West Sacramento, a municipal corporation (the “City”), and CENTURY COMMUNITIES OF CALIFORNIA, LLC, a Delaware limited liability company (“Landowner”).

RECITALS
A. Landowner owns the project known as The Rivers (Final Map 5177) (the “Project”). which is subject to Vesting Tentative Subdivision Map No. 4732 (“VTSM”). The Project includes 202 single family residential lots, as shown on Exhibit A.

B. Condition of Approval 41 of the VTSM states as follows:
“A new 1.9-million gallon water storage tank and pump station are required in order to serve this project. Prior to occupancy within the subdivision, said tank and pump stations shall be constructed and accepted by the City. Prior to issuance of a building permit within the subdivision, a construction schedule which demonstrates that the tank and pump station can be completed prior to a request for occupancy shall be approved by the City Engineer.” C. Landowner and the City are parties to that certain Subdivision Improvement Agreement dated July 1, 2022 (the “Subdivision Improvement Agreement”), which provides for completion of the water tank and pump station required by the VTSM (the “Water Tank and Pump Station”).

Security for the completion of the Water Tank and Pump Station has previously been provided in the form of a Performance Bond and a Payment Bond issued by MUFG Union Bank, N.A. (Bond No.

SNN4010242) (the “Bonds”).

D. Landowner and City are also parties to that certain Water Allocation Agreement approved by Council on February 15, 2023, pursuant to which Landowner received permission to complete and occupy 29 single family homes with the Project (the "Water Allocation Agreement".) E. The Water Tank and Pump Station are currently under construction. They are expected to be completed no later than November, 2023, as shown on the revised construction schedule attached hereto as Exhibit B.

F. Landowner has requested that, contrary to limitations set forth in the VTSM, the Subdivision Improvement Agreement, and the Water Allocation Agreement, occupancy be permitted for 55 lots within the Project prior to completion of the Water Tank and Pump Station. Said 55 lots are in addition to those 29 units located within the Project which may be granted occupancy prior to completion of the Water Tank and Pump Station per the Water Allocation Agreement.

G. The City requested that Landowner provide an Engineering Report to confirm sufficient capacity in the City’s existing water infrastructure exists to serve the 55 lots once homes are constructed. Said Report (issued in May 2023 by Carollo Engineers) identifies all new projects 108
constructed within the City over the past five (5) years and updates the City’s water modeling to confirm that there is available water capacity to serve the 55 lots as well as other development identified by the City as expected to be completed prior to the completion of the Water Tank and Pump Station. Said Report confirms that adequate capacity does exist has been approved by City staff.

H. The City and Landowner desire to enter into this Agreement to set forth the terms and conditions upon which the City will allow for occupancy of 55 residential lots located within the Project prior to completion of the Water Tank and Pump Station.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants herein, Landowner and the City agree as follows:

1. Incorporation of Recitals. The Recitals set forth above are true and correct and are hereby incorporated into this Agreement in full.

2. Timing. The schedule shown in Exhibit B is a projected construction completion date of the Water Tank and Pump Station which the Parties believe can be met based on the current status of construction.

3. Building Permit Sign-off. The City agrees to final building permits and grant occupancies for 55 residential units located within the Project prior to completion of the Water Tank and Pump Station following completion of all other prerequisites set forth in the Subdivision Improvement Agreement. Said 55 residential units are in addition to those 29 units located within the Project which may be granted occupancy prior to completion of the Water Tank and Pump Station per the Water Allocation Agreement approved by Council on February 15, 2023. Landowner agrees that no residential building permits beyond the 29 permits covered by the Water Allocation Agreement and the 55 permits covered by this Agreement will be issued or finaled within the Project until the water tank has been completed and accepted by the City.

4. General Provisions.
a. Successors and Assigns. Each and every provision of this Agreement shall be binding and inure to the benefit of the successors in interest and assignees of the parties hereto; provided, however, that Landowner must obtain City’s prior written approval of Landowner’s assignment of its obligations hereunder, which approval shall not be unreasonably withheld or delayed. b. Integration. This Agreement, together with the Subdivision Improvement Agreement and the Water Allocation Agreement, constitutes an integrated agreement containing all of the consideration, understandings, promises and covenants exchanged between the parties with respect to the subject matter hereof.
c. Construction and Interpretation. It is agreed and acknowledged by the parties that the provisions of this Agreement have been arrived at through negotiation, and that the parties have had a full and fair opportunity to revise the provisions of this Agreement and to have such 109
provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement. The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. d. Choice of Law and Venue. This Agreement shall be interpreted under and governed by the laws of the State of California, except for those provisions preempted by federal law.

However, the laws of the State of California shall not be applied to the extent that they would require or allow the court to use the laws of another state or jurisdiction. All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the County of Yolo or the United States District Court for the Eastern District of California. e. Amendment. This Agreement cannot be altered, amended or modified in any way without the express written consent of each party hereto or their authorized successor in interest. f. Time is of Essence. Time is of the essence for this Agreement. g. Notice. Notices under this Agreement shall be deemed given when delivered by First Class Mail, Postage Prepaid, as follows:

City: Landowner:

Community Development Director ___________________________ City of West Sacramento ___________________________
1110 West Capitol Avenue ___________________________
West Sacramento, CA 95691 ___________________________
h. Further Assurances. Each party hereto shall do and perform (or shall cause to be done and performed) all such further acts and shall execute and deliver all such other agreements, certificates, instruments and documents as either party hereto reasonably may request in order to carry out the intent and accomplish the purposes of this Agreement and the Plan and the consummation of the transactions contemplated thereunder.
i. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Signatures delivered electronically may be relied upon for all purposes as fully as original signatures.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the City and the Landowner as follows:
[SIGNATURES ON FOLLOWING PAGE]
110

CITY OF WEST SACRAMENTO

CENTURY COMMUNITIES OF

CALIFORNIA, LLC
By: By:

Name: _______________________ Name: _______________________ Title: Title:

ATTEST:

City Clerk
APPROVED AS TO FORM:

Jeffrey Mitchell, City Attorney
111

EXHIBIT A
(Final Map 5177)
112
ATTACHMENT 1
2391867.1 7203.311 113

EXHIBIT B
(REVISED CONSTRUCTION SCHEDULE)
114
2391867.1 7203.311 115
ATTACHMENT 2
Vicinity Map
116

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 19, 2023 ITEM # 8
SUBJECT:

CONSIDERATION OF THE SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT

AND THE CITY OF WEST SACRAMENTO BILLING AND COLLECTION AGREEMENT INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Rebecca Robertson, Finance Manager
Finance Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with information to consider the approval of the Billing and Collection Agreement between Sacramento Regional County Sanitation District and the City of West Sacramento.

RECOMMENDED ACTION
Staff respectfully recommend that the City Council approve the Sacramento Regional County Sanitation District and the City of West Sacramento Billing and Collection Agreement and delegate authority to the City Manager to execute the agreement.

BACKGROUND
Sacramento Regional County Sanitation District (Regional San) executed a Master Interagency Agreement (MIA) for wastewater services on November 1, 1974 with the following Contributing Agencies: Sacramento Area Service District (SASD), the City of Sacramento, the City of Folsom, and the County of Sacramento. The purpose of a MIA is to specify the responsibilities between Regional San and the contributing agencies on the financing, maintenance and operation of wastewater collection, conveyance, treatment facilities, collection of sewer rates, and sewer impact fees. Additionally, MIA terms are based on Regional San’s debt obligations with a fifty (50) year term. The MIA has been amended several times since its inception.

ANALYSIS
The most recent amendment to the MIA was executed in November 2021. One of the changes in that amendment was the inclusion of a Billing and Collection Agreement, which identifies the terms under which the City of West Sacramento would be reimbursed for the billing and collection of SRCSD rates on behalf of SRCSD including reimbursement for unrecoverable sewer rates. The Billing and Collection Agreement will reimburse the City for the avoided cost of billing, which is the estimated cost per account Regional San would have incurred to collect sewer rates that are currently collected by another billing agency/contributing agency. The current avoided cost of billing is $4.31 per account, per year and will be evaluated at a minimum of every 3 years by Regional San.

The City of West Sacramento has collected the SRCSD rates of behalf of Regional San without reimbursement for a very long time. The inclusion of the Billing and Collection Agreement will allow the City to be reimbursed for this collection back to the date of execution of the amended MIA in November 2021. At the current avoided cost of billing rate, it is estimated that the City would recover $104,100 from November 2021 – June 2023 and $64,230 each for fiscal years 2023/24 and 2024/25.

Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
Council approval of the Billing and Collection Agreement with Regional San will assist in the strategic plan goal to provide Quality City Services.

Alternatives
The City Council may decide to:
1) Approve the Recommended Action; or
117
SRCSD Billing and Collection Agreement
July 19, 2023

2) Reject the Recommended Action and direct staff to return with alternative recommendations. This alternative is not recommended as Regional San would like to execute the same form of agreement with each agency that processes utility billing for Regional San, and the other agencies have all adopted the agreement.

Staff recommends Alternative 1 as the best way to achieve continuous wastewater services for constituents.

Coordination and Review
The preparation of the Billing and Collection Agreement was coordinate with Regional San, Community Development Department, Public Works Operations and Maintenance and Finance departments.

Budget/Cost Impact
At the current avoided cost of billing rate, it is estimated that the City would recover $104,100 from November 2021 – June 2023 and $64,230 for fiscal years 2023/24 and 2024/25.

ATTACHMENT

1. Billing and Collection Agreement between Sacramento Regional Sanitation District and the City of West Sacramento
118
ATTACHMENT 1
Contract No. 50000241
2385433.1 7203.039

SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT
AND

THE CITY OF WEST SACRAMENTO

BILLING AND COLLECTION AGREEMENT
________________
Date
119

ATTACHMENT B
Contract No. 50000241
2385433.1 7203.039 Page 2 of 10

BILLING AND COLLECTION AGREEMENT
THIS BILLING AND COLLECTION AGREEMENT ("Agreement") is made and entered into as on_______________ , by and between the SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT (hereinafter referred to as “REGIONAL SAN”), a county sanitation district pursuant to and operating under the authority of the County Sanitation District Act, commencing at Health and Safety Code section 4700, and CITY OF WEST SACRAMENTO (hereinafter referred to as “CITY”), a municipal corporation.

RECITALS
A. Regional San and City are both signatory to the Master Interagency Agreement (MIA), last updated November 15, 2021;
B. Pursuant to the MIA, Regional San may agree to allow City to assume the responsibility of billing and collection of Regional San’s sewer rates and sewer impact fees; and C. City wishes to bill and collect for Regional San Services provided within the Local Sewer Service Area pursuant to the terms contained herein.

AGREEMENT
Now therefore, the parties agree as follows:

Section 1. Definitions.

Unless the context otherwise requires, the terms defined in this Section 1 shall for all purposes of this Agreement have the meanings hereinafter specified:

AVOIDED COST: The estimated cost per account Regional San would have incurred to collect sewer rates in the portions of Regional San service area, which pursuant to this Agreement are collected by City.

CITY: The City of West Sacramento.

COMMERCIAL USER: Any nonresidential user that the District Engineer determines does not meet the definition of an industrial user as set forth in Regional San's Consolidated Ordinance.

CONSOLIDATED ORDINANCE: An ordinance, originally adopted by Regional San on February 10, 2010 as Ordinance #SRSD-0109, and as subsequently amended, regulating the use of the Regional System and providing the authority to set and collect sewer rates and sewer impact fees.

DISTRICT ENGINEER: The chief executive of the Sacramento Regional County Sanitation District.

INDUSTRIAL USER: Any person who discharges or causes a discharge of industrial wastewater directly or indirectly to the Regional System, as categorized in the Consolidated Ordinance. This term specifically includes any categorical users connected to the Regional System, whether or not they 120

ATTACHMENT B
Contract No. 50000241
2385433.1 7203.039 Page 3 of 10
discharge process wastewater.

LOCAL SERVICES: All services within City that are necessary for the collection, conveyance, treatment, and transfer to the Regional System of wastewater originating within City that are not to be performed by Regional San pursuant to the MIA.

LOCAL SEWER SERVICE AREA: That area in which City has the exclusive authority to perform local sewer services.

MASTER INTERAGENCY AGREEMENT (MIA): An Agreement, last amended on November 15, 2021, and as subsequently amended, which specifies the responsibilities between Regional San, City and the other contributing agencies on the financing, operations and maintenance of wastewater collection, conveyance, treatment facilities, and collection of sewer rates and sewer impact fees.

OPERATING AGREEMENTS: All agreements between Regional San and City for the operation and maintenance of wastewater facilities.

REGIONAL SAN: The Sacramento Regional County Sanitation District.

REGIONAL SAN SERVICES: All services required for the collection, conveyance, treatment, and discharge of wastewater that are to be performed by Regional San pursuant to the MIA.

REGIONAL SYSTEM: All facilities for the conveyance, treatment, and discharge of wastewater that are owned or operated by Regional San.

RESIDENTIAL USER: A user whose premises are used solely for nontransient human habitation.

SYSTEM: All facilities for the collection, conveyance, treatment, and discharge of wastewater owned or operated by Regional San or City, as indicated by the context in which it is used.

WASTEWATER: The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter Regional San's facilities. This also includes infiltration, inflow, and combined flow.

Section 2. Effective Date.

The effective date of this Agreement is _______________.

Section 3. City Collection of Sewer Rates for Regional San Services.

Upon the effective date of this Agreement, City shall continue the responsibility of billing and collection of Regional San’s sewer rates.

City will bill and collect monthly sewer rates for Regional San for residential and commercial users that conform to the schedule of user rates adopted by Regional San that is in effect upon the date of billing.

City will remit to Regional San sewer rate charges due for all accounts billed (collected or uncollected). 121

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City shall periodically levy, bill, and use reasonable efforts to collect from delinquent accounts.

With respect to industrial users, Regional San shall be responsible for:
(a) Collecting all information needed to compute user sewer rates, (b) Complying with all laws governing the setting of sewer rates, including notice and holding any public hearings that may be required prior to establishing or increasing sewer rates, (c) The computation of such sewer rates, and
(d) Periodically billing the computed Regional San sewer rates directly to the industrial user without regard to the user's location within the territorial jurisdiction of Regional San.

By mutual agreement, the charge for Regional San Services may be collected with the rates, tolls, and charges for local services or other utility services. If Regional San charges are collected with the rates, tolls, and charges of another utility, the Regional San charge shall be shown on the billing as such and shall not be combined with any other rate, toll, or charge appearing on the billing.

Adequate records for the collection of sewer rates and sewer impact fees shall be maintained by City to issue permits, differentiate between Regional San Services and local user charges, amounts received, and payments made to Regional San.

City shall establish and maintain a billing system for the collection of user charges for Regional San Services. The billing system must conform to the classification and categorization of sewer rates established and adopted by Regional San in its Consolidated Ordinance. The City shall establish, produce, and maintain adequate reports from its billing system for Regional San to verify the billing and transfers of billed amounts are representative of the customer base being provided services.

Section 4. Payment of Sewer Rates and Sewer Impact Fees to Regional San.

City shall pay Regional San no later than 60 days following City’s regular periodic billing a sum that equals the total of all sewer rates due for all accounts billed by City for Regional San Services in said billing period.

City shall pay Regional San a sum that equals the total of all sewer impact fees collected on no less than a quarterly basis.

Payments of all charges (sewer rates and sewer impact fees) shall be accompanied with a summary identification by billing categories that reconciles billings with payments.

Section 5. City Collection of Sewer Impact Fees for Regional San.

City shall provide such services as are necessary for collection, documentation, and transfer of such sewer impact fees without cost to Regional San.
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City will bill and collect sewer impact fees for single-family dwellings and multi-family dwellings including duplexes.

Regional San will compute, bill, and collect sewer impact fees for commercial, industrial, and multifamily dwellings excluding duplexes.

Section 6. Reimbursement of Avoided Cost of Billing.

Regional San will reimburse City for Regional San’s Avoided Cost of billing, the calculation methodology of which is included as Exhibit A to this agreement. The reimbursed amount shall be based on an average annual cost Regional San would have to pay to directly bill sewer rates. Regional San may review the annual average cost per account no less often than every three years, and based on the review, the District Engineer has the authority to revise the reimbursement amount for Avoided Cost of billing.

Regional San will notify the City of any update to the Avoided Cost of billing by mailing letters to both the Finance Director and the City Manager which shall include the revised Avoided Cost amount and the effective date of the change. The letters shall be mailed to:

Finance Director City Manager
City of West Sacramento City of West Sacramento
1110 West Capitol Avenue 1110 West Capitol Avenue
West Sacramento, CA 95691 West Sacramento, CA 95691
The Avoided Cost of billing reimbursement remains in effect through the term of this Agreement. Upon execution of this Agreement Regional San will reimburse the Avoided Cost of billing retroactively to City beginning November 15, 2021.

As an option, City may deduct reimbursement from sewer rate payments to Regional San. The number of accounts used by City to calculate the Avoided Cost reimbursement shall be from the beginning point of the remittance period and shown on the remittance payment to Regional San. City will prorate the average annual Avoided Cost based on the reimbursement period mutually agreed upon.

Section 7. Reimbursement of Unrecoverable Sewer Rates.

For billings on or after November 15, 2021, City may request reimbursement from Regional San, and Regional San will pay, for any sewer rate charges that have been determined to be ultimately unrecoverable. City must provide documentation for unrecoverable sewer rates to Regional San.

Section 8. Auditing Records.

Regional San shall have the authority to appoint auditors as it deems necessary to examine City’s financial records to determine compliance with this Agreement. City shall make available to such auditors, during normal City business hours, all requested records and will assist and cooperate with the auditors in their efforts. Types of required documentation include reasonable efforts to collect delinquent charges; details of uncollectable and unrecoverable charges; and account billing information by parcel along with classification of use of parcel, property addresses, and any changes in ownership of 123

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parcels.

Regional San shall have the authority to conduct field audits to verify the accounts and billing periodically.

Regional San shall have the authority to request back verification of issues identified in previous audits to ensure that they were corrected.

When it is determined a previous error in billing occurred, City and Regional San will seek to correct errors as provided in the Regional San Consolidated Ordinance.

Access to records for audits or examination shall be limited to the current fiscal year and three previous fiscal years.

Section 9. Performance Expectations.

Regional San acknowledges that all billing and collection cannot be without errors; however, due diligence that results in reasonably accurate billing and collection is required.

Regional San reserves the right to take over billing and collection of sewer rates and sewer impact fees if it determines in its sole discretion that City is not meeting performance expectations.

City shall provide the following services:
a) Retain and make available accurate records for parcels, classification of use of parcel, changes in use and ownership of parcel, addresses of properties and current billing information. b) Cooperate and collaborate to reduce inaccuracies in billing and collection. c) Provide records to auditors when requested.
d) Remit collected sewer rates and sewer impact fees at the agreed upon frequency.

Section 10. Historical Billing Data Submittal For Permit Services.

In order to comply with the intent of the Consolidated Ordinance Section 4.3.4 – Sewer Impact Fee Credits, the City shall provide a one time historical billing data submittal that includes all Regional San billing information for all residential and commercial users that existed in City billing system as of July 1, 2001.

The historical data submittal shall include, but not be limited to, the following account details:

Commercial Users: Assessor Parcel Number (APN); addresses of businesses; names of businesses; suite numbers; classification of commercial use and either the appropriate square footage, bed count, chair count, etc.; and equivalent family dwellings (ESDs) billed for the individual businesses/suites.

Residential Users: APN, addresses of residences, classification of use of the parcel (example; residential user or multi-family user), total ESDs billed per parcel.

Section 11. Current Billing Data Submittal For Permit Services. 124

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In order to comply with the intent of Current Regional San Consolidated Ordinance, Section 4.3.4 the City shall provide a current billing data submittal that includes all Regional San billing information for all residential and commercial users that exist in City billing system at the time this Agreement is executed.

The current data submittal shall include, but not be limited to, the following account details:

Commercial Users: APN; addresses of businesses; names of businesses; suite numbers; classification of commercial use and either the appropriate square footage, bed count, chair count, etc.; and ESDs billed for the individual businesses/suites.

Residential Users: APN, addresses of residences, classification of use of the parcel (example; residential user or multi-family user), and total ESDs billed per parcel.

Section 12. Updates to Current Billing Data Submittal For Permit Services.

The City shall submit updates to the Current Billing Data Submittal (Section 11) on a weekly basis or mutually agreed upon frequency for any billing accounts that have changed.

Section 13. Data to Determine Converting New Fee Area to Infill Fee Area.

On an annual basis (first day of June), City will provide Regional San with a table that includes APN and ESD billing data for all parcels. This data will be used by Regional San to determine when the New Fee Area reaches 70% of connected ESD growth and considered with the percentage of connected acreage. Portions of the New Fee Area can be changed to the Infill Fee Area as defined in the Regional San Consolidated Ordinance.

Section 14. Delayed Payments.

Whenever any party to this Agreement shall have failed to make any payment required of it by the provisions of this Agreement on or before the date provided for such payment, such party shall pay, in addition to said payment, interest thereon at the rate of seven percent (7%) per annum for and during the period of such delay. Nothing herein contained, however, shall be deemed to authorize or condone any delay in making any such payments.

Section 15. Notice.

Notices required or permitted under this Agreement shall be sufficiently given to a party if in writing and if either served personally upon or mailed by registered or certified mail to the clerk of its governing body.

Section 16. Amendments to the Agreement.

Modifications and amendments to this Agreement must be in writing and executed by all parties.

Additionally, this Agreement may be amended if there are amendments or revisions to the MIA that are related to the billing and collection language.

Section 17. Term of Agreement.
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This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated by either party in writing.

Section 18. Transition Period.

Upon termination of this Agreement, a reasonable transition period shall be in effect until City has exchanged the information needed to accommodate the transfer of billing and collection services to Regional San.

This Agreement remains in full effect during the transition period.

Section 19. Successors and Assigns.

It is mutually agreed by all the parties hereto that the agreements, covenants, conditions, limitations, restrictions, and undertakings herein contained shall apply to and bind the successors and assigns of the respective parties hereto as if they were in all cases named.

Section 20. Mutual Indemnification.

To the fullest extent permitted by law, each of the Parties shall indemnify, defend and hold harmless each of the other Parties, their respective governing boards, officers, directors, officials, employees, and authorized volunteers and agents from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively “Claims”), including cost of defense, settlement, arbitration, and reasonable attorneys' fees, resulting from injuries to or death of persons, including but not limited to employees of either Party hereto, and damage to or destruction of property or loss of use thereof, including but not limited to the property of either Party hereto, arising out of, pertaining to, or resulting from the acts or omissions of the their respective governing boards, officers, directors, officials, employees, volunteers, agents, or contractors.

It is the intention of the Parties that the provisions of this indemnity be interpreted to impose on each Party responsibility for the acts and omissions of their respective governing boards, officers, directors, officials, employees, volunteers, agents or contractors. It is also the intention of the Parties that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any Claims attributable to the fault of that Party, its governing board, officers, directors, officials, employees, volunteers, agents, or contractors.

This indemnity shall not be limited by the types and amounts of insurance or self-insurance maintained by the Parties.

Nothing in this Indemnity shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.

The provisions of this Indemnity shall survive the expiration or termination of the Agreement.

Section 21. Document Precedence.
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In the event of a conflict between any of the agreements or ordinances listed below, the following sequence governs, with each agreement or ordinance superior to the agreement or ordinance listed thereafter.

1. This Agreement

2. The Master Interagency Agreement

3. Regional San Consolidated Ordinance

4. Operating Agreements

5. Other agreements between Regional San and City
(SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed.

SACRAMENTO REGIONAL COUNTY
SANITATION DISTRICT, a county
sanitation district pursuant to and operating
under the authority of the County Sanitation
District Act, commencing at Health and Safety
Code section 4700

CITY OF WEST SACRAMENTO, A
Municipal Corporation:

By: ______________________________
Christoph Dobson, District Engineer
Date: ____________________________
By: ______________________________
Aaron Laurel, City Manager
Date: ____________________________

By: ______________________________
Roberta Raper, Finance Director
Date: ____________________________
APPROVED AS TO FORM:

By: _________________________________
Diane E. McElhern, Deputy County Counsel
Date: ____________________________
Prepared by:
_________________________________
Jarrett McBride, Contract Services Officer II
Internal Services Department
“REGIONAL SAN”
APPROVED AS TO FORM:

By: ______________________________
Jeffrey Mitchell, City Attorney
Date: ____________________________
ATTEST:

By: ______________________________
Jennifer Cusmir, City Clerk
Date: ____________________________
“CITY”
Agreement Approved by the Board of Directors with Authority Delegated to the District Engineer to execute the Agreement on behalf of REGIONAL SAN.

Agenda Date: ______________________
Item Number: ______________________
Resolution No.: ____________________
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ATTACHMENT D
Contract No. 50000241
Exhibit A
Contributing Agency Reimbursement Methodology
The Contributing Agency (CA) reimbursement is based on the amount Regional San would incur if Regional San customers in these agencies were to be billed by the Consolidated Utility Billing System (CUBS), the current billing provider for the Sacramento Area Sewer District (SacSewer).

CUBS allocates bill collection costs to its utility members via three separate components. The major cost component is the billing system operation and maintenance, which is allocated based on the total cost of operating and maintaining the system minus revenue received from penalties.

The cost is allocated proportionally based on the number of accounts billed. The two other cost components are direct costs – one for bill generation, mailing and payment handling, and the second one for billing commercial accounts, industrial accounts and conducting site inspections necessary for field verification and account adjustment.

Charges for each of the three components vary year to year; therefore, a 3-year averaging approach is used to determine cost for adding customers in other contributing agencies to CUBS billing system. Since the cost of bill generation, mailing and payment handling process for new customers cannot be shared by other utilities, cost of this component is estimated based on current contracts for services included in this component. For the other two components, costs/credits are proportionally allocated using the current allocation methodology. Regional San would reimburse each CA (Other than SacSewer) this amount if they continue to bill for Regional San. The cost figure will be updated every three years based on the prior three year cost allocations of CUBS.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: July 19, 2023 ITEM # 9
SUBJECT:

CONSIDERATION OF RESOLUTION 23-60 RATIFYING AN AMENDMENT TO THE

CONCEALED CARRY WEAPONS PERMIT FEE PAYMENT SCHEDULE
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Ted Williams, Finance Manager
Finance 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 approve resolution 23-60 to ratify a minor change in the payment schedule for the Concealed Carry Weapons (CCW) Permit.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve Resolution 23-60 to ratify a change in the Book of Fees that enables to City to recover all non-refundable costs paid to outside agencies with the Phase A payment and recover City costs with the Phase B payment.

BACKGROUND
On October 19, 2022, City Council approved Resolution 22-122 adding a Concealed Carry Weapons permit to the Book of Fees. This enabled the City to issue CCW Permits to West Sacramento residents after the Yolo County Sheriff stopped issuing permits.

The cost to issue a CCW permit includes fees from the State of California, which are passed through to the applicant. These costs were included in the calculation of the CCW permit fee. Applicants are allowed to pay the fee in two Phases, Phase A, and Phase B. Following California penal code limits on how much of the fee may be collected at each phase, City staff calculated the Phase A and Phase B amounts as 20% of the total fee and 80% of the total fee, respectively. However, upon beginning to issue permits, staff discovered that state passthrough fees are due and payable 100% at Phase A, and if an applicant does not move forward to Phase B in the permitting process, the City would not collect reimbursement for the amounts paid to the State for required fingerprinting and other background related services.

ANALYSIS
To prevent the City from potentially losing money when a permit application is not successfully completed, staff adjusted the Phase A and Phase B fees to make sure that all pass-through fees are recovered in Phase A along with 20% of the City cost, and the remaining 80% of City costs are recovered in Phase B, in line with the Chapter 4, Section 26190 of the penal code. The total fee has not changed.

For example, for a standard (2-year) permit initial fee:

Original Fee as approved: Phase A $56 + Phase B $226 = Total Fee $282 Adjusted Fee: Phase A $131 + Phase B $151 = Total Fee $282 For the permit above, a DOJ Livescan fee of $93 is required to be paid to the State at Phase A. The fee, as originally set, required the City to cover the remaining cost of $27, and did not collect the City’s cost of processing the application in Phase A. The adjusted fee collects the entire $93 due to State plus 20% of the City’s cost of processing the permit application with the remaining 80% of City cost collected once the applicant moves to Phase B of the process.

The Adjusted Fee has been posted to the City Book of Fees. This item seeks Council ratification of the adjustment.

Environmental Considerations
Not applicable
130
Resolution 23-60 Adjusted Concealed Weapons Fees
July 19, 2023