Agenda packet — West Sacramento City Council, November 20, 2024 (part 1 of 5)

WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR

AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
NOVEMBER 20, 2024 AGENDA
Martha Guerrero, Mayor
Dawnté Early, Mayor Pro Tem
Quirina Orozco, Council Member
Norma Alcala, Council Member
Verna Sulpizio Hull, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
6:00 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

2. City Manager's Office

PRESENTATION OF PROCLAMATION RECOGNIZING THE WEST SACRAMENTO GIRLS

SOFTBALL PROGRAM
Objective: The purpose of this proclamation is to recognize the West Sacramento Girls Softball Program.

Recommendation: Staff respectfully recommends that the City Council adopt the proclamation recognizing the West Sacramento Girls Softball (WSGS) program for its positive impact on youth development, community engagement, and promotion of girls’ sports in West Sacramento.

3. City Manager's Office
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 PRESENTATION OF PROCLAMATION RECOGNIZING NOVEMBER 2024 AS NATIVE

AMERICAN HERITAGE MONTH
Objective: The purpose of this proclamation is to honor the contributions and sacrifices of Native Americans in the Sacramento region.

Recommendation: Staff respectfully recommends that the City Council adopt a proclamation recognizing November 2024 as Native American Heritage Month.

4. City Manager's Office

PROCLAMATION RECOGNIZING NATIONAL BREAST CANCER AWARENESS MONTH AND

THRIVING PINK
Objective: The purpose of this proclamation is to formally recognize October 2024 as Breast Cancer Awareness month while showing appreciation for the work of non-profit Thriving Pink.

Recommendation: Staff respectfully recommends the City Council adopt a proclamation recognizing October 2024 as National Breast Cancer Awareness Month and honor the organization Thriving Pink for its exceptional support and outreach to breast cancer survivors, including those in the West Sacramento community.

CONSENT AGENDA

5. Capital Projects
CONSIDERATION OF RESOLUTION 24-110 AMENDING THE CAPITAL IMPROVEMENT

PROGRAM (CIP) BUDGET AND APPROVAL OF A CONTRACT AWARD TO ADVANCE DESIGN

CONSULTING, LLC FOR THE COMMUNITY CENTER SOUTH ENTRANCE ENCLOSURE DESIGN PROJECT (CIP 60000)
Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 24-110 approving an amendment to the Capital Improvement Program (CIP) budget and approving a contract award to Advance Design Consulting LLC, for the Community Center – South Entrance Enclosure Design Project.

Recommendation: Staff respectfully recommends that the City Council: (1) Adopt Resolution 24- 110 approving an amendment to the Capital Improvement Program (CIP) budget; (2) Award a Contract for Services with Advance Design Consulting, LLC for $54,400, which includes design services for South and North Entrance Enclosure; (3) Authorize the City Manager, or his designee, to execute contract amendments or change orders up to 20% ($10,880) of the contract amendment value; (4) Authorize the Manager, or his designee, to execute non-substantive changes or modifications, including time extensions, to the contract with Advance Design Consulting, LLC with the approval from the City Attorney; and (5) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

6. Capital Projects
2 CONSIDERATION OF CONTRACT TO THE PUBLIC RESTROOM COMPANY FOR THE

PURCHASE AND INSTALLATION OF NEW PRE-MANUFACTURED RESTROOM FOR WESTACRE PARK RENOVATION AND EXPANSION PROJECT (CIP 62155) Objective: The purpose of this report is to provide the City Council with sufficient information to award a contract to the Public Restroom Company for the purchase and installation of a new restroom building for the Westacre Park Renovation and Expansion Project (CIP 62155).

Recommendation: Staff respectfully recommends that the City Council: (1) Approve and authorize the City Manager, or his designee, to execute a contract for services with the Public Restroom Company for the purchase, delivery and installation of a new pre-manufactured restroom building, in an amount not to exceed $424,734; (2) Authorize the City Manager to execute non-substantive changes or modifications to the contract with the Public Restroom Company, with the approval of the City Attorney; and (3) Authorize the City Manager, or his designee, to issue contract change orders up to 10% of the contract amount, not to exceed $42,474.

7. Capital Projects
CONSIDERATION OF RESOLUTION 24-112 REGARDING THE EMERGENCY CONTRACT

WITH ACCO ENGINEERED SYSTEMS, INC FOR THE COMMUNITY CENTER HVAC PROJECT (CIP 52083)
Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 24-112 regarding Change Order 1 to the Emergency Contract with Acco Systems Inc for the Community Center HVAC System Repair Project occurring at the Community Center located at 1075 West Capitol Avenue.

Recommendation: Staff respectfully recommends that the City Council: (1) Approve change order 1 to the construction contract with Acco Engineered Systems Inc. in the amount of $60,482 for the Community Center Emergency HVAC Project; (2) Authorize the City Manager, or his designee, to execute contract amendments or change orders up to 20% ($12,096) of the contract amendment value; (3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the construction contract, with approval from the City Attorney; and (4) Adopt, by a minimum four-fifths vote of the Council, Resolution 24-112, regarding the Emergency Contract with Acco Systems, Inc for the Community Center HVAC Repair Project.

8. Capital Projects

CONSIDERATION OF PROFESSIONAL SERVICES CONTRACT WITH WEST YOST ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT OF $459,828

FOR THE SOUTH SEWER LIFT STATION REHABILITATION/REPLACEMENT PROJECT (CIP 32002)
Objective: The objective of this report is to provide the City Council with sufficient information to approve a professional services contract with West Yost Associates for the South Sewer Lift Station Rehabilitation/Replacement Project (CIP 32002).

Recommendation: Staff respectfully recommends that the City Council: (1) Find that the contract with West Yost Associates for the South Sewer Lift Station Rehabilitation/Replacement Project (CIP 3 32002) is exempt from environmental review under California Environmental Quality Act Title 14, Chapter 3, Article 19 pursuant to the Section 15301, Class 1 Categorical Exemption; (2) Approve a professional services contract with West Yost Associates for Construction Management Services for the South Sewer Lift Station Rehabilitation/Replacement Project; (3) Authorize the City Manager, or his designee, to execute a professional services contract with West Yost Associates for an amount not to exceed $459,828; (4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; (5) Authorize the City Manager, or his designee, to make contract amendments up to $46,000; and (6) Delegate authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

9. Capital Projects
CONSIDERATION OF AWARD OF CONTRACT TO MAXIMUS DEVELOPMENT INC. FOR THE

CONSTRUCTION AND RENOVATION OF THE HOMELESS EMERGENCY HOUSING FACILITY IMPROVEMENTS PROJECT (CIP 51047)
Objective: The objective of this report is to provide the City Council with sufficient information to approve a contract award to Maximus Development Inc for the repair and renovation of the former El Tejon and Pick Wick motels for homeless emergency housing.

Recommendation: Staff respectfully recommends that the City Council: (1) Find that Homeless Emergency Housing Facility Improvements Project (CIP 51047) is exempt from review under California Environmental Quality Act (CEQA) pursuant to the Class 1 (Existing Facilities) Categorical Exemption under California Code of Regulations, Title 14, Division 6 Chapter 3 (“CEQA Guidelines”), Section 15301 and find that the determination represents the independent judgement of the City; (2) Award a construction contract to Maximus Development Inc. for the Homeless Emergency Housing Facility Improvements Project, which includes construction and renovation of the former El Tejon and Pick Wick motels; (3) Authorize the City Manager, or his designee, to execute a contract with Maximus Development Inc. in an amount not to exceed $544,000; (4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, including time extensions, to the contract with Maximus Development Inc. with the approval from the City Attorney; (5) Authorize the City Manager, or his designee, to execute contract amendments up to 30% ($163,200) of the value of the contract; and (6) Approve Resolution 24-125 appropriating BHBH grant funds received from Yolo County to this project.

10. Community Development
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 24-11

PERTAINING TO AMENDMENTS TO THE YARBROUGH DEVELOPMENT AGREEMENT Objective: The objective of this report is for City Council to adopt Ordinance 24-11 to effectuate amendments to the Development Agreement (Amended and Restated Development Agreement) relative to the Yarbrough Project.

Recommendation: Staff respectfully recommends that the City Council: (1) 1. Find that adoption of Ordinance 24-11 and approval of the amendments to the Development Agreement (DA) relative to the Yarbrough Master Plan are consistent with the California Environmental Quality Act (CEQA) based on the Environmental Impact Report (EIR) adopted on June 18, 2008, 4 prepared for the Project and, pursuant to Public Resources Code Section 21166 and Section 15162 of the CEQA Guidelines, no subsequent environmental review is required prior to approval of proposed amendments to the Yarbrough Development Agreement because the City as lead agency for the Project has determined there is no substantial evidence of (a) new significant environmental effects, (b) substantial increases in the severity of previously identified environmental effects, or (c) new information of substantial importance that would require major changes to the previously certified Yarbrough Environmental Impact Report adopted by the City Council on June 18, 2008; and (2) Waive second reading and adopt of Ordinance 24-11 detailing the amendments to the DA subject to the conditions and findings as identified in the agenda report.

11. Community Development
CONSIDERATION OF RESOLUTION 24-118, ANNOUNCING THE CITY’S INTENTION TO VACATE PUBLIC RIGHT-OF-WAY, KNOWN AS MIDDLE AVENUE, LOCATED AT 600 SUTTER STREET
Objective: The purpose of this item is to declare the City’s intent to vacate public right-of-way, known as Middle Avenue, located at 600 Sutter Street.

Recommendation: Staff respectfully recommends that City Council adopt Resolution 24-118 declaring the City’s intent to vacate public right-of-way, known as Middle Avenue, located at 600 Sutter Street and setting a public hearing for January 15, 2025 for the proposed vacation.

12. Economic Development & Housing
CONSIDERATION OF FIRST READING OF ORDINANCE 24-17 AMENDING CHAPTERS 9 AND 12 AND REPEALING AND READOPTING TITLE 10 OF THE WEST SACRAMENTO MUNICIPAL

CODE RELATED TO TRAFFIC AND PARKING
Objective: The purpose of this report is to introduce Ordinance 24-17, amending Chapters 9.28 and 12.12 of the Municipal Code and repealing and readopting Title 10 of Municipal Code, to allow for improved planning, design, regulation and enforcement of traffic and parking activities.

Recommendation: Staff respectfully recommends that the City Council: (1) Waive the first reading and read by title and number only Ordinance 24-17, amending Chapters 9.28 and 12.12 of the Municipal Code and repealing and readopting Title 10 of the Municipal Code related to traffic and parking; and (2) Inform the audience that the second reading and adoption of Ordinance 24-17 is tentatively scheduled for December 4, 2024.

13. Finance
CONSIDERATION OF THE TREASURER’S QUARTERLY FINANCIAL REPORT ON THE CITY’S INVESTMENT PORTFOLIO FOR THE PERIOD ENDING JUNE 30, 2024 Objective: The purpose of this report is to provide the City Council with the treasurer’s quarterly report on the City’s investment portfolio for the quarter ending June 30, 2024 as outlined by the Government Code 53646(b) (1).
5 Recommendation: Staff respectfully recommends that the City Council receive and file the Treasurer’s Quarterly Financial Report on the City’s investment portfolio for the period ending June 30, 2024.

14. Public Works

CONSIDERATION OF AWARD OF CONTRACT TO INTEGRATED POWER SYSTEM FOR THE

PURCHASE AND INSTALLATION OF FIVE VARIABLE FREQUENCY DRIVES Objective: The objective of this report is to provide sufficient information to the City Council to approve the award of a contract to Integrated Power System for the purchase and installation of five Variable Frequency Drives (VFD’s).

Recommendation: Staff respectfully recommends that the City Council: (1) Find that the purchase and installation of five Variable Frequency Drives is exempt from CEQA pursuant to the Class 1 Categorical Exemption under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, and find that the determination represents the independent judgment of the City; (2) Authorize the use of CIP 22065 for Water Treatment Plant VFD Replacement to purchase five VFD’s from Integrated Power System; (3) Approve the contract with Integrated Power System for the purchase and installation of five Variable Frequency Drives; (4) Authorize the City Manager, or his designee, to execute a contract with Integrated Power System in an amount not to exceed $182,000.00; (5) Authorize the City Manager, or his designee, to execute non-substantive changes and modifications, with approval from the City Attorney; and (6) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract.

15. Public Works
CONSIDERATION OF AWARD OF A CONTRACT WITH RENTOKIL NORTH AMERICA, INC. DBA

TARGET SPECIALTY PRODUCTS FOR CHEMICALS, PESTICIDES, FERTILIZERS, AND

ASSOCIATED TRAINING FOR CITY DEPARTMENTS
Objective: The purpose of this report is to provide the City Council with sufficient information to consider for approval a professional services contract with Target Specialty Products for chemicals, pesticides, fertilizers, and associated training for City Departments.

Recommendation: Staff respectfully recommends that the City Council: (1) Find that the contract with Target Specialty Products for chemicals, pesticides, fertilizers, and associated training for City Departments is exempt from environmental review under California Environmental Quality Act Title 14, Chapter 3, Article 19 pursuant to the Section 15301, Class 1 Categorical Exemption; (2) Award a contract for chemicals, pesticides, fertilizers, and associated training for City Departments to Rentokil North America, Inc. dba Target Specialty Products; (3) Authorize the City Manager or his designee to execute the contract and make non-substantive changes or modifications to the Contract for Services with approval from the City Attorney; (4) Authorize the City Manager or his designee to execute amendments or change orders up to 10% of the contract amount; and (5) Authorize the City Manager or his designee to execute amendments to extend the term of the contract.
6 16. City Manager's Office
CONSIDERATION OF RESOLUTION 24-111 SETTING THE TIME AND DATE FOR THE 2025/26

REGULAR MEETINGS OF THE CITY COUNCIL
Objective: The objective of this report is to seek Council approval of the City Council meetings scheduled for February 1, 2025 through January 31, 2026.

Recommendation: It is respectfully recommended that the City Council adopt Resolution 24-111 setting the time and date for City Council meetings commencing February 1, 2025 through January 31, 2026.

PUBLIC HEARINGS

17. Community Development

PUBLIC HEARING, SECOND READING AND CONSIDERATION OF ADOPTION OF ORDINANCE 24-15 REGARDING PROPOSED AMENDMENT TO MUNICIPAL CODE TITLE 17 (ZONING) FOR HOUSING ELEMENT IMPLEMENTATION
Objective: The purpose of this item is to request the Council’s consideration of an amendment to Municipal Code Title 17 (Zoning) to achieve compliance with Government Code § 65583.2 and Housing Element Program HE-PR-1.14 regarding by-right approval of projects with at least 20 percent affordable units.

Recommendation: Staff respectfully recommends that the Council: (1) Conduct the Public Hearing; (2) Find that the amendment to Municipal Code Title 17 (Zoning) to achieve compliance with Government Code §65583.2 and Housing Element Program HE-PR-1.14 is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the Class 5 Categorical Exemption under §15601(b)(3) (common-sense exemption) and §15305 (minor alterations in land use limitations in an area with an average slope less than 20%) and find that the exemptions represent the independent judgment of the City; and (3) Waive second reading and adopt Ordinance 24-15 amending Title 17 (Zoning) of the Municipal Code regarding: Chapter 17.09 – Housing Element Carry-over Sites.

REGULAR AGENDA
NONE.

GENERAL ADMINISTRATION FUNCTION – PART II

18. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Bikeshare Policy Steering Committee --------------------------------------------Guerrero, Alternate - Early City/County 2x2 ----------------------------------------------------Guerrero/Orozco, Alternate – Sulpizio Hull City/School 2x2 ------------------------------------------------------Guerrero/Sulpizio Hull, Alternate - Alcala Executive Commission to Address Homelessness --------------------Sulpizio Hull, Alternate - Orozco EIFD Public Financing Authority-----------------------------------------------Guerrero, Alcala, Sulpizio Hull League of California Cities --------------------------------------------------- Alcala, Alternate – Sulpizio Hull Local Agency Formation Commission ---------------------------------------------------------------------- Alcala Port District Commission ---------------------------------------------------------Guerrero, Early, Sulpizio Hull 7 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 Animal Servies Planning Agency JPA----------------------------Guerrero; Alternate – Sulpizio Hull Yolo County Housing Authority-------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Transportation District -----------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Habitat Conservancy ------------------------------------------------------------------------------Sulpizio Hull Yolo-Solano Air Quality Management District ----------------------------Alcala; Alternate – Sulpizio Hull Yolo Subbasin Sustainable Groundwater Agency-------------------------Sulpizio Hull; 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

19. 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 November 20, 2024 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted November 15, 2024 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review. __________________________________________
Jennifer Cusmir, City Clerk
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, including translation support, please contact the City Clerk’s Office at 916-617-4500 or [email protected]. Notifying the City Clerk’s Office at least 72 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. 8 Si necesita ayuda para participar en esta reunión o servicios de traducción, comuníquese con la Oficina del Secretario Municipal al 916-617-4500 o [email protected]. Notificar a la Oficina del Secretario Municipal al menos 72 horas antes de la reunión ayudará al personal a garantizar que se puedan hacer arreglos razonables para proporcionar accesibilidad a la reunión.

Los dispositivos de escucha asistida están disponibles en esta reunión. 9 CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2024 ITEM # 2
SUBJECT:

PRESENTATION OF PROCLAMATION RECOGNIZING

THE WEST SACRAMENTO GIRLS SOFTBALL PROGRAM
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ X ] Council [ ] Staff
[ ] Other
Paul Hosley, Public Information Officer
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this proclamation is to recognize the West Sacramento Girls Softball Program.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt the proclamation recognizing the West Sacramento Girls Softball (WSGS) program for its positive impact on youth development, community engagement, and promotion of girls’ sports in West Sacramento.

BACKGROUND
The WSGS program is a prominent local sports organization affiliated with United States Softball. It offers girls, ages 7 to 14, the opportunity to participate in organized softball, encouraging them to develop athletic skills, teamwork, and resilience. This program aligns with the City of West Sacramento's values of community enrichment and youth development, playing a significant role in empowering young athletes through sports. The program works closely with the Washington Unified School District, local businesses, and city partners to provide a safe, inclusive, and well-supported environment for its athletes. Collaborators include the City’s Parks and Recreation Department, All American Softball, and River City High School, whose staff and facilities have been instrumental in the program’s success. In the 2024 season, 178 girls participated, supported by over 75 volunteers and 11 sponsors, reinforcing the community's dedication to fostering youth sports.

ANALYSIS
WSGS has demonstrated a strong commitment to enhancing girls’ athletics, with achievements that bring pride to West Sacramento. The program’s success is a testament to the dedication of its players, the support from family and friends, and the program’s robust partnership with the City’s Parks and Recreation Department and Washington Unified for field scheduling and maintenance at the Alice Norman – Bryte Playfields. Adoption of this proclamation will publicly acknowledge the program’s role in promoting girls’ sports in West Sacramento and honor the achievements of its players and supporters.

Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
This proclamation supports the City’s goal of creating an inclusive and diverse environment.

Alternatives
N/A
Coordination and Review
Staff and West Sacramento Girls Softball.

Budget/Cost Impact
N/A

ATTACHMENT
Proclamation
10 PROCLAMATION

OF THE WEST SACRAMENTO CITY COUNCIL

RECOGNIZING THE GIRLS SOFTBALL PROGRAM
WHEREAS, the West Sacramento Girls Softball (WSGS) program is a proud member of the nationwide United States Softball organization, and is dedicated to providing meaningful and competitive softball opportunities for girls ages 7 to 14 in our community; and WHEREAS, WSGS actively collaborates with the Washington Unified School District, the City of West Sacramento, local business partner All American Softball, and River City High School staff to create an exceptional athletic program that enriches the lives of young athletes and fosters community involvement; and
WHEREAS, the WSGS program is supported by over 75 dedicated volunteers and 11 generous sponsors who enable 178 girls to participate in the 2024 season, demonstrating the community’s commitment to youth sports and positive development; and WHEREAS, with the invaluable support of parent volunteers, WSGS works in coordination with the City of West Sacramento Parks and Recreation Department and Washington Unified for field maintenance and scheduling at Alice Norman – Bryte Playfields; and
WHEREAS, among this year’s highlights, five elite teams from WSGS represented West Sacramento in tournaments across seven different cities, showcasing their talent, teamwork, and dedication to excellence in competition; and
WHEREAS, the under-12 All Star team displayed exceptional skill by reaching the championship in three tournaments, culminating in a victory at the Stars of Cordova Tournament; and
WHEREAS, the 14u Wolfpack achieved a commendable victory at the Down and Dirty Tournament in Lincoln, and the 8u Tidal Wave team competed admirably, reaching the championship game of the Down and Dirty Tournament in Dixon.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of West Sacramento congratulates and hereby recognizes the West Sacramento Girls Softball program for its outstanding contribution to the lives of girls and families in our community, fostering not only athletic prowess but also teamwork, resilience, and community pride.

PROCLAIMED this 20th day of November 2024.

ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
11 CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2024 ITEM # 3
SUBJECT:

PRESENTATION OF PROCLAMATION RECOGNIZING
NOVEMBER 2024 AS NATIVE AMERICAN HERITAGE MONTH
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ X ] Council [ ] Staff
[ ] Other
Paul Hosley, Public Information Officer
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this proclamation is to honor the contributions and sacrifices of Native Americans in the Sacramento region.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation recognizing November 2024 as Native American Heritage Month.

BACKGROUND
The City of West Sacramento's establishment in 1987 took place in an area that indigenous people, particularly the Patwin or Southern Wintun, recognize as unceded territory. The Patwin people were forced from their ancestral lands onto rancherias in the early 1900s and are now citizens of three sovereign, federally recognized tribal governments: the Yocha Dehe Wintun Nation, Kletsel Dehe Band of Wintun Indians, and Cachil Dehe Band of Wintun Indians. In 2018, the City Council voted unanimously to approve the transfer of a 43-acre riverfront property to California State Parks for the construction of a $100 million California Indian Heritage Center. In 2022, the City Council adopted a resolution to establish an official land acknowledgement, which is now read before each City Council meeting. This acknowledgment demonstrates the City's recognition of the significant role Native Americans have played in the area's history.

ANALYSIS
The City has established a government-to-government relationship with the Yocha Dehe Wintun Nation and has collaborated on recent projects, such as the renaming of two streets to remove the offensive “sq__” term under the mandate of AB 2022. Additionally, the City commits to recognizing November as Native American Heritage Month each year and discourages the use of racial slurs, names, or imagery that depict indigenous people as mascots or logos in educational institutions, sports teams, or any other organization within the City.

Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
The adoption of this proclamation demonstrates the City's commitment to inclusiveness not only in economic development, but also in promoting diversity within the municipal workforce and management. This recognition highlights the importance of honoring West Sacramento’s indigenous heritage and working together with Native American communities to build a more inclusive and respectful environment.

Alternatives
N/A
Coordination and Review
Staff and the Yocha Dehe Wintun Nation
Budget/Cost Impact
N/A

ATTACHMENT
Proclamation
12 PROCLAMATION

OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING NOVEMBER 2024 AS
“NATIVE AMERICAN HERITAGE MONTH”
WHEREAS, “Native American Heritage Month” has been established at the national and state levels with proclamations and celebrations to recognize the diverse cultures, traditions, histories, significant contributions and present day lives of Native Americans; and WHEREAS, the City of West Sacramento was established in 1987 within an area of California that represented the un-ceded territory of indigenous people known as the Patwin or Southern Wintun; and
WHEREAS, the earliest historic written records of the Patwin begin with the Spanish mission explorations and registers, and ethno-historic records show the Patwin inhabited land from the hills of the eastern North Coast Ranges to the Sacramento River, and from Princeton south to the San Pablo and Suisun bays; and
WHEREAS, like most indigenous people throughout the United States, the Patwin were forced from their ancestral lands onto reservations and rancherias during the early 1900s, where they currently reside, as citizens of three sovereign, federally recognized tribal governments, today known as the Yocha Dehe Wintun Nation, Kletsel Dehe Band of Wintun Indians, and Cachil Dehe Band of Wintun Indians; and
WHEREAS, the City has a meaningful government-to-government relationship with the Yocha Dehe Wintun Nation and works in partnership to address the needs of the community and improve the lives of people who live within their respective jurisdictions today; and WHEREAS, the City was honored to collaborate with the Yocha Dehe Wintun Nation and local residents this year to rename two streets to replace the offensive “sq__” term as required by AB 2022; and
WHEREAS, native peoples have made and continue to make distinct and significant contributions in many fields, including academics, agriculture, art, business, education, ecology, engineering, environmentalism, forestry, government, language, leadership, literature, mathematics, medicine, music, politics, poetry, science, and traditional cultural practices; and WHEREAS, the City discourages any and all forms of racial slurs, names, or imagery that depict indigenous people as mascots or logos in educational institutions, sports teams, or any other organization within this City; and
WHEREAS, the City will encourage its citizens to acknowledge and celebrate November as Native American Heritage Month every year to foster education, relationships, and cooperation with Native people while also supporting social and economic opportunities for them within the City of West Sacramento and Yolo County.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of West Sacramento does hereby recognize the month of November 2024 as “Native American Heritage Month.”
PROCLAIMED THIS 20th day of November 2024.

ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
13 CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2024 ITEM # 4
SUBJECT:

PROCLAMATION RECOGNIZING NATIONAL BREAST CANCER AWARENESS

MONTH AND THRIVING PINK
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ X ] Council [ ] Staff
[ ] Other
Paul Hosley, Public Information Officer
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this proclamation is to formally recognize October 2024 as Breast Cancer Awareness month while showing appreciation for the work of non-profit Thriving Pink.

RECOMMENDED ACTION
Staff respectfully recommends the City Council adopt a proclamation recognizing October 2024 as National Breast Cancer Awareness Month and honor the organization Thriving Pink for its exceptional support and outreach to breast cancer survivors, including those in the West Sacramento community.

BACKGROUND
Breast cancer remains a significant health challenge as it is the most commonly diagnosed cancer among American women. According to the American Cancer Society, approximately 1 in 8 women will be diagnosed with breast cancer in their lifetime, impacting over 4 million women in the United States. National Breast Cancer Awareness Month, observed each October, emphasizes education, early detection, risk reduction, and community support for those affected.

Thriving Pink, a nonprofit organization founded in 2016 in Davis, CA, has been a vital source of support for breast cancer survivors across Yolo County, including West Sacramento Thriving Pink offers services and programs free of charge, addressing critical needs from the time of diagnosis through survivorship. Programs include Pink Peer mentorship, renewal retreats, wellness and educational workshops, and financial assistance grants for those undergoing treatment. Thriving Pink’s volunteers, consisting of survivors, professionals, and community members, are dedicated to the vision that no one will face breast cancer alone.

ANALYSIS
Adopting this proclamation will underscore the City’s commitment to supporting breast cancer awareness and the vital work of Thriving Pink. By acknowledging the non-profit’s efforts and dedicating October to raising awareness, the City Council will help amplify educational and support resources for breast cancer survivors in West Sacramento.

Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
This proclamation aligns with the City’s commitment to supporting health and wellness initiatives, fostering community collaboration, and addressing the needs of underserved populations.

Budget/Cost Impact
N/A

ATTACHMENT

1. Proclamation
14 PROCLAMATION

OF THE WEST SACRAMENTO CITY COUNCIL

RECOGNIZING NATIONAL BREAST CANCER AWARENESS MONTH AND

THRIVING PINK
WHEREAS, breast cancer is the most commonly diagnosed cancer among American women. It is estimated that 1 in 8 women will be diagnosed with breast cancer in their lifetime, with over than 4 million women now living in the U.S. with a history of breast cancer; and WHEREAS, National Breast Cancer Awareness Month in October, is an opportunity to recognize the commitment to fighting this disease, providing education on risk reduction and early detection, and supporting those affected by breast cancer; and WHEREAS, Thriving Pink, established in Davis, CA in 2016 as a local 501c3 nonprofit organization, has a mission to help local breast cancer survivors thrive with a network of support offering all programs and services at no charge to the community; and WHEREAS, Thriving Pink volunteers represent breast cancer survivors, community members, business owners, and health and wellness professionals, who come together to make a difference in the lives of those who are battling this disease; and WHEREAS, Thriving Pink helps the breast cancer community from the time of initial diagnosis and throughout survivorship, providing individual financial grants for immediate and essential needs, and programs such as Pink Peer mentors for newly diagnosed individuals, renewal retreats for those who have completed treatment, and wellness/educational workshops for all; and
WHEREAS, Thriving Pink has expanded outreach to underserved communities throughout Yolo County including West Sacramento, to meet increased needs with the vision that no one will go through breast cancer alone.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of West Sacramento does hereby recognize the special efforts that occurred during October’s Breast Cancer Awareness Month and the outstanding support that Thriving Pink provides to breast cancer survivors in our community throughout the year.

PROCLAIMED this 20th day of November 2024.

ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
15 CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2024 ITEM # 5
SUBJECT:

CONSIDERATION OF RESOLUTION 24-110 AMENDING THE CAPITAL IMPROVEMENT

PROGRAM (CIP) BUDGET AND APPROVAL OF A CONTRACT AWARD TO ADVANCE

DESIGN CONSULTING, LLC FOR THE COMMMUNITY CENTER SOUTH ENTRANCE ENCLOSURE DESGN PROJECT (CIP 60000)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Inambao Lifanu, Project Manager II
Capital Projects Department
Erin Rivas, Business Manager
Parks and Recreation Department
[ ] Council [X] Staff
[ ] Other
ATTACHMENT [X ] Yes [ ] No [ ] Information [ ] Direction [X ] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to adopt Resolution 24-110 approving an amendment to the Capital Improvement Program (CIP) budget and approving a contract award to Advance Design Consulting LLC, for the Community Center – South Entrance Enclosure Design Project.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Adopt Resolution 24-110 approving an amendment to the Capital Improvement Program (CIP) budget; 2) Award a Contract for Services with Advance Design Consulting LLC for $54,400, which includes design services for South and North Entrance Enclosure;
3) Authorize the City Manager, or his designee, to execute contract amendments or change orders up to 20% ($10,880) of the contract amendment value;
4) Authorize the Manager, or his designee, to execute non-substantive changes or modifications, including time extensions, to the contract with Advance Design Consulting LLC, with the approval from the City Attorney; and
5) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

BACKGROUND
Located in the City of West Sacramento, California, the West Sacramento Community Center hosts a multitude of community events, classes, and productions. The facility is also available for rent for special events. The building features a black box theatre, a state-of-the-art, flexible space with full theatrical lighting, a sound system and an 11-station dressing room. The Historical Gallery showcases high quality displays and artifacts that highlight the community’s rich and diverse history. Video screens and an interactive video station allow visitors to explore West Sacramento’s past. It is a local landmark that enhances the area’s distinctly urban character.

Currently, the Community Center is focused on increasing the security of the South entrance and ensuring there is adequate space for its activities. The center has recently experienced a high frequency of theft, vandalism, security breaches. The Noth entrance has had less concern lately but has been considered in the review and assessment. In consideration of its patrons, a secure, public-friendly enclosure has been recommended.

ANALYSIS
Upon assessing the needs of the Community Center and the associated security concerns, it was determined that a design consultant should be sought to recommend a design that addresses both the aesthetic and security needs of the Community Center and the public.

On July 23, 2024, the Capital Projects Department advertised a competitive bid package (24-041-RFP) to select a design consultant to provide design services for the Community Center South Entrance Enclosure Project.

The bid package was also posted on the City’s website and through the electronic procurement platform, OpenGov.com. At the close of the advertising period, City staff received one bid, which was opened on August 22,2024.
16 Community Center – South Entrance Enclosure Design
November 20, 2024

Page 2 of 2 ends

Rank Contractor Base Bid Amount
1 Advance Design Consulting, LLC. $54,400
After examining the contractor’s licenses, work experience, qualifications, and the proposal submitted in the complete bid package, staff determined that Advance Design Consulting, LLC is the responsive and qualified bidder, with a bid of $34,400 for the south entrance and $20,000 for the north entrance, bringing the total bid to $54,400. On this basis, staff recommends awarding the professional services contract to Advance Design Consulting, LLC.

Environmental Considerations
This is a recommendation to approve a contract for design services and therefore not a project subject to CEQA.

Commission Recommendation
Not applicable.

Strategic Plan Integration
Not applicable.

Alternatives
The City Council may decide to:
1) Approve the recommended actions as stated above;
2) Alter the recommended actions; or
3) Deny the recommended action or cancel the project.

Staff recommends that the City Council select Alternative 1. The design of the south entrance enclosure at the Community Center will create a more secure and improved facility for both the public and Community Center staff. Alternatives 2 and 3 would result in continued unsafe conditions, necessitating interventions from the police and fire departments. Consequently, these alternatives would negatively impact the project and prevent it from progressing as originally intended.

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

Budget/Cost Impact
This project is included in the current Capital Improvement Program as CIP 60000. Additional funds are necessary to cover the costs associated with the recommended actions. Additional funds are being requested through Resolution 24-110 and are detailed below.

Table 1: Design Services Cost Breakdown
Category Details Amount
Project Costs
Design Services $54,400
Contingency (20%) $10,880
City Staff Time (Including ICAP) $36,880
Total Project Costs $102,160
Funding Sources
Appropriated Funds in CIP Budget – CIP 60000 $25,000
Funds Requested – General Facilities Fund (208-9910) $77,160 Total Budget $102,160

ATTACHMENTS

1. Resolution 24-110

2. CPC24-301 Advance Design Consulting, LLC Contract
17 Attachment 1
RESOLUTION 24-110

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

AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE COMMUNITY CENTER – SOUTH ENTRANCE ENCLOSURE DESIGN PROJECT (CIP 60000) WHEREAS, the City Council amended the Capital Improvement Program (CIP) on January 31, 2024, by adding a project to design the Community Center South Entrance Enclosure; and
WHEREAS, the current CIP Project for the Community Center South Entrance Enclosure Design includes professional design engineering services to meet the security needs of the Community Center; and
WHEREAS, on August 23, 2024, Advance Design Consulting LLC, provided a proposal for design engineering services for the South Entrance Enclosure Design, with inclusion of the North Entrance, in the amount of $54,400; and
WHEREAS, additional funds are requested in the amount of $77,160 to cover professional design engineering overage costs, project contingency and staff time; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1) The City Council hereby approves amendments to the Capital Improvement Program for Fiscal Year 2024/25 as listed below:

SOURCES
$77,160 208-0000-3110 General Facilities Fund Balance
$77,160 400-9900-4990/60000-4990 Transfer into project
$77,160 TOTAL SOURCES
USES
$77,160 400-9900-5530/60000-5800 Project Budget
$77,160 208-9910-5950 Tsfr from General Facilities Fund $77,160 TOTAL USES
*Note: Interfund transfers excluded from totals to avoid duplication of total costs. 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 20th day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
18 ATTEST:

Jennifer Cusmir, City Clerk
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CONTRACT FOR SERVICES
THIS CONTRACT is made on November 20, 2024, by and between the CITY OF WEST SACRAMENTO (“City”), and Advance Design Consultants, LLC (“Consultant”).

WITNESSETH:

WHEREAS, the City desires Advance Design Consultants, LLC to provide professional design engineering services for the Community Center South Entrance enclosure Project with addition of the north entrance, located at 1075 West Capitol Avenue, West Sacramento CA 95691.

WHEREAS, the Consultant has presented a proposal for such services to the City, dated August 22, 2024, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

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

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of 20 Advance Design Consultants, LLC
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City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on November 20th, 2027.

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

C.= The City Manager or his or her designee may, by written instrument signed by the= Parties, extend the duration of this Contract for two (2) additional one-year extensions in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the Council approved budget.

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 Fifty Four Thousand and Four Hundred Dollars ($54,400), without City’s prior written approval.

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

B. Said amount shall be paid upon submittal of a final billing. 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 final 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 21 Advance Design Consultants, LLC
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requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.

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

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

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

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

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

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.
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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.

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

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

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.
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12. INTEREST IN CONTRACT:

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

13. MATERIALS CONFIDENTIAL:

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

16. CONSULTANT TO PROVIDE INSURANCE:

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

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements 24 Advance Design Consultants, LLC
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providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

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

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

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

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

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

16.B.2.b).

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

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

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

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

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

17. MISCELLANEOUS PROVISIONS:

A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the 26 Advance Design Consultants, LLC
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work described by this Contract or the materials used or which in any way affect the conduct of the work.

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
Inambao Lifanu, Project Manager
1110 West Capitol Avenue
West Sacramento, CA 95691
[email protected]

Consultant:

Advance Design Consultants, LLC
Lorenzo R. Rios, Principal
998 Park Avenue
San Jose, CA 95126
[email protected]
F. This Contract shall be interpreted and governed by the laws of the State of California.

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

I. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE.
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By electronically signing this document in electronic form, Parties agree that this Agreement may be transmitted and signed electronically by all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California law and regulations, including but not limited to Civil Code Section 1633.7 [Signatures on following page]
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CITY OF WEST SACRAMENTO
By: __________________________
Amanda Berlin, Assistant City Manager
ATTEST:

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

By: _______________________
Jeffrey Mitchell, City Attorney

ADVANCE DESIGN CONSULTANTS, LLC
By: _________________________
Lorenzo R. Rios, Principal
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EXHIBIT A
Consultant Proposal/Scope of Work
30 998 PARK AVE., SAN JOSE, CA 95126
PRIMARY CONTACT FOR RFQ:

LORENZO R. RIOS, PRINCIPAL
[email protected]
(408) 314-3350

CITY OF WEST SACRAMENTO
REQUEST FOR PROPOSALS (24-041-RFP) FOR

COMMUNITY CENTER - SOUTH ENTRANCE ENCLOSURE DESIGN

PREPARED FOR
ATTN: INAMBAO LIFANU, PROJECT MANAGER II
1110 WEST CAPITOL AVENUE, 1ST FLOOR

CONSTRUCTION MANAGEMENT & FACILITIES DEVELOPMENT
WEST SACRAMENTO, CA 95691
[email protected]
916. 617.4803
31 c.

TECHNICAL PROJECT

APPROACH
32 C. Technical Approach | 19

TECHNICAL PROJECT APPROACH
Advance Design Consultants, Inc. (ADC) understands that the City of West Sacramento is seeking firms to support with design activities to increase the security of the South entrance and ensure adequate space for Community Center activities. ADC will provide Architectural and Structural engineering services for the design of a new fence enclosure to satisfy these requirements. At this time, neither Civil engineering or Electrical engineering is proposed.

The following is a list of tasks that are intended to be the responsibility of the Contractor pursuant to this Request for Proposals:
• Assess the property lines, and the needs and activities of the Community Center in relation to this RFP • Meet with Community Center staff/contacts to brainstorm and eventually provide a design option that meets security, space, accessibility and aesthetic features • Provide cost estimate(s) for the options and assist with developing a bid packet and bid support for construction/installation of the secure fencing.

Advance Design Consultants, Inc. (ADC) will perform all engineering and project management-related work necessary to prepare plans and specifications suitable for Public Works bidding. This includes, but is not limited to: Project management, preliminary design, design development, bid documents, bidding support, and construction support services. As a basis for this Project Work Plan and Approach, ADC will utilize the City-provided Scope of Work as a base with enhancements, as needed, to address the procedures, methodologies, measures of effectiveness, organization, and scheduling of tasks. Further, ADC will outline the anticipated involvement of City staff and stakeholders’ involvement throughout this Work Plan and Approach. ADC has organized this Project Work Plan and Approach following the Cost Proposal format and coordinated this with the Preliminary schedule, for the following nine (9) major tasks:

Task 1: Project Management
ADC’s approach to Project Management is simple with the main focus on Scope, Schedule and Budget. The following is an approach to the project management services:
i. Scope: The ADC Project Manager will define the Scope for the project at the beginning of the project provide a comprehensive Basis of Design (BOD) report to comprehensively communicate the project scope. ADC will maintain frequent and timely communication with City staff throughout the project; utilizing email & phone. ADC will also provide extensive coordination with sub-consultants. ii. Schedule: ADC will be the primary responsible party for managing the project’s design schedule. All project schedules shall be prepared in Gantt chart format, utilizing Microsoft Project software, with updates provided at all progress meetings.
iii. Budget: ADC will maintain the design fees within budget and control the sub-consultant’s budget as well.

Any additional items outside the scope that are requested by the City shall be documented carefully and if additional fees are required, ADC will notify the City promptly gaining approval before commencing any additional work. In addition to managing the consultant budget, ADC’s Project Manager will work with the design team to provide the City with comprehensive construction Cost Estimates, coordinating changes in scope for cost control.
iv. QA/QC Program: ADC will provide for quality assurance/quality control over work products prepared for the City. A statement of peer review will be required for overall constructability, coordination, and 33 20 | Advance Design Consultants, Inc.
reasonable reduction in errors and omissions. ADC will provide a wide-ranging QA/QC checklist at each design submittal to ensure ADC and City deliverables and standards are met. v. Plan Check Coordination: The consultant shall submit the plans for Planning and Building Department Permits as required to obtain Permit.

Task 2: Preliminary Design
ADC proposes to provide a comprehensive Basis of Design (BOD) Report outlining the provision of options. ADC will meet with Community Center staff/contacts to brainstorm and eventually provide a design option that meets security, space, accessibility and aesthetic features. This will be included in the BOD Report. The BOD report will include a preliminary cost estimate and the project schedule shall be included with each option, along with other support information outlining pros and cons for each option. This document will require the involvement of City staff and stakeholders to ensure all party’s input is captured and documented. This BOD Report will be iterated throughout the design process and will be submitted as part of every submittal.

Design Deliverables:

ADC shall be the Engineer of Record and responsible for the design and preparation of complete plans and technical specifications for the project. ADC will deploy boots on the ground and will perform an adequate field investigation to confirm existing conditions. ADC currently utilizes a 3D camera to scan project areas, in addition to normal photography/videography. The scans shall be hosted on Matterport site and will be shared with City staff, as required to complete the design.

All work is to comply with all applicable rules, regulations, code, law, and good practice for public facilities. When possible, the Consultant shall incorporate “green” building/construction practices, sustainability, energy efficiency, and low operations and maintenance costs into recommendations and subsequent design. ADC will address this starting with the BOD and continuing into the all-design phases.

Plans and specifications shall provide sufficient detail to result in a good quality product while allowing competitive pricing where possible and appropriate, and provide options to the contractor where appropriate to obtain the same good level of quality for the best bid price. Plans and specifications shall not specify proprietary products or services. Specifications shall be prepared in CSI 2020 format. ADC will use SpecBuilder Cloud by Deltek to develop project specifications ensuring the latest and most updated sections, code requirements, standards, etc. are referenced following CSI 2020 format.

Construction Cost Estimates shall be developed using RSMeans data from Gordian. ADC currently utilizes webbased software RSMeans Online to develop accurate and comprehensive Cost Estimates per CSI Masterformat.

This approach ensures the latest Cost Index are used to develop the Cost Estimate and since it is web-based, if the project is delayed the entire estimate can be easily updated to the current year’s values, per quarter, for the specific project area.

All design deliverables shall be reviewed by the City staff and stakeholders. Involvement from the City is paramount to project success.

All submittals shall include digital copies (PDF and native format) of all documents. 34 C. Technical Approach | 21
Task 3 - 30% Schematic Design (SD) Submittal:

Submit electronic PDF file package:
i. 30% plans: Cover sheet and plan sheet with base mapping and preliminary details. ii. Cut sheets for equipment/appurtenances.
iii. Project schedule update.
iv. 30% construction cost estimate.
v. Table of Contents list for technical specifications.

Task 4 - 75% Construction Documents (CD):

All major issues have been resolved before this stage. All value engineering items have been discussed before this stage; no major changes are allowed at this time. This submittal intends to provide plans and project documents in sufficient detail to allow for a thorough and complete review.

Submit electronic PDF file package:
i. 75% Plans: All subcontracted work shall be accounted for in this submittal. All project details have been accounted for. Submit for Building Division, per the instructions in Appendix 4: Bldg. Dept Electronic Plan Check Submittal.
ii. 75% specifications:
• Technical specifications
iii. Project schedule update.
iv. 75% construction cost estimate in the form of the bid schedule. v. Responses to the City’s review comments on the 30% submittal, along with the return of mark-ups.

Task 5 - 100% Construction Documents (CD):

All issues, prior comments, and concerns must be addressed in this submittal. This includes resolving all comments from form the Building Division.

Submit electronic PDF file package:
i. 100% plans.
ii. 100% specifications
• Reviewed bid instructions
• Finalized technical specifications
35 22 | Advance Design Consultants, Inc.
• Finalized Special Provisions
iii. Project schedule update.
iv. 100% construction cost estimate.
v. Responses to the City’s review comments on the 75% submittal, along with return of mark-ups. vi. Other supporting documentation as necessary.

Task 6 - Regulatory permits preparation/acquisition
The 100% CD drawing package shall be submitted to all relevant AHJs and permit preparations shall take place.

The following is a list of expected submittals or permits:
i. Building Division permit acquired.
ii. Planning Division permit acquired.

Task 7 - Bid Package:

The bid package shall be finalized upon incorporation of the City’s final comments from the 100% submittal, and incorporation of all Building Division comments.

Submit digital format (PDF and native format) of each of the documents listed below:
i. One digital copy of full-sized plans, stamped and signed on each sheet by the Engineer of Record and by discipline
ii. One digital copy of the specifications.
iii. Technical specifications, with cover sheet stamped and signed by all necessary disciplines. iv. Final project schedule update (for estimated construction timeline). v. Final construction cost estimate.

Task 8 - Bidding Services:

ADC will respond to all bidder’s requests for information (RFIs), and support the City’s coordination efforts to inform plan-holders of significant responses to RFIs and prepare addenda as necessary. During bidding, all proposers’ communications will be directed through the City’s Purchasing Officer and ADC will NOT respond to any direct communications from proposers. If addenda to bid documents are extensive and are as a result of the ADC’s work product, conformed documents shall be prepared at no expense to the City. Reproduction services will be excluded by ADC.
36 C. Technical Approach | 23
Task 9 - Construction Support Services:

The City’s construction management team will have primary responsibility for construction management and inspection.

The following is a list of services and submittals required i. Attend the pre-construction meeting.
ii. Attend three (3) periodic construction progress meetings. iii. Participate in the final inspection and development of punch lists. iv. Respond to RFIs, which includes clarifying or providing revisions or additional detail where necessary on the plans and specifications.
v. For projects with a building permit, the consultant shall stamp and sign any revisions to the contract plans as a result of responses to RFIs or as a result of executed change orders. Consultant shall ensure that all changes comply with the applicable codes. Coordination with the Building Department may be necessary. vi. Review and respond to all submittals within the period allocated in the contract documents and as necessary to avoid construction delays and claims.
vii. Review proposed substitutions, if any, for conformance to plans and technical specifications. viii. Review and make recommendations on proposed changes to the contract (Request for Quotations and Contract Change Orders).
ix. Prepare Record Drawings based upon red-lines provided by the contractor and field reviews. All changes shall be indicated in red and clouded. All plan sheets shall be stamped with red “Record Drawings” stamp.

The stamp shall include Engineer of Record Company Name, name of Engineer of Record, date of Record Drawing update, and standard disclaimer. The Record Drawings shall be prepared digitally, using AutoCAD.

Final Record Drawings shall be submitted electronically, in PDF and CAD format. x. Participate in the “Lessons Learned Meeting” with all parties at the end of the project. 37 D.

COST PROPOSAL
38 Attachment C - Cost Proposal
West SacramentoCommunity Center South EntranceAdvance Design Consultants, Inc.

ODCs Total
Principal Project Manager Principal Architect Architect Designer Structural Principal Structural Engineer Lorenzo
Rios
Jason
Rothwein
Eman
Bermani
Jose
Aguirre
Robert
Shaffer
Geoff
Clifford
$260 $200 $200 $180 $260 $220
1 Project Management 2 8 2 1 13 $2,700 2 2 4 $960 $0 $3,6602 Preliminary Design 2 16 2 8 28 $5,560 1 2 3 $700 $0 $6,2603 30 % Design 2 4 2 8 0 $3,160 1 4 5 $1,140 $0 $4,3004 75% Design 2 4 2 6 0 $2,800 1 4 5 $1,140 $0 $3,9405 100% Design 2 4 2 4 12 $2,440 1 4 5 $1,140 $0 $3,5806 Planning and Permit Submittal 2 16 4 2 24 $4,880 1 4 5 $1,140 $0 $6,0207 Bid Package 1 4 1 1 7 $1,440 0 1 1 $220 $0 $1,6608 Bidding Services 1 2 1 1 5 $1,040 0 1 1 $220 $0 $1,2609 Construction Support 4 8 1 1 14 $3,020 1 2 3 $700 $0 $3,720 10 North Entrance Design 8 8 16 32 64 $12,640 8 24 32 $7,360 $0 $20,000 Proposal Subtotal 26 74 33 64 167 $39,680 16 48 64 $14,720 $0 $54,400 Notes:
1234
Other
Direct
Costs
Total Fee
Tasks Labor Subconsultants
Total
Labor
Costs
Total
Hours Task Description Task # Total Hours Total Labor Costs 39 998 Park Avenue San Jose, CA 95126
P: 408.297.1881 | F: 408.294.3186
www.adcengineers.com

REV21

CHARGE HOURLY RATE SCHEDULE
Effective January 1st through December 31, 2024
CHARGE Discipline Billing
0001 Principal/Senior Manager $260.00
0002 Project Manager $200.00
0003 Cost Estimator $175.00
0004 Architect $220.00
0005 Architect‐Designer $180.00
0006 Structural Engineer $220.00
0007 Structural Designer $180.00
0008 Mechanical Engineer $190.00
0009 Mechanical Designer $155.00
0010 Electrical Engineer $190.00
0011 Electrical Designer $155.00
0012 Civil Engineer $200.00
0013 Geotechnical Engineer $195.00
0014 Drafter $120.00
0015 Spec Writer $120.00
0016 Clerical $80.00
These hourly rates are based on personnel salaries, overhead, mark-up, and profit.
40 Advance Design Consultants, LLC
CPC-24-301 Community Center – South Entrance Enclosure Design Expires on 11/20/27

EXHIBIT B
Schedule of Performance
Contract Start Date 11/20/2024
Contract End Date 11/20/2027
41 Advance Design Consultants, LLC
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EXHIBIT C
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:

Lorenzo R. Rios
42 Advance Design Consultants, LLC
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EXHIBIT D

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. 43 Advance Design Consultants, LLC
CPC-24-301 Community Center – South Entrance Enclosure Design Expires on 11/20/27
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 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 44 Advance Design Consultants, LLC
CPC-24-301 Community Center – South Entrance Enclosure Design Expires on 11/20/27
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. 45 CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2024 ITEM # 6
SUBJECT:

CONSIDERATION OF CONTRACT TO THE PUBLIC RESTROOM COMPANY FOR THE

PURCHASE AND INSTALLATION OF NEW PRE-MANUFACTURED RESTROOM FOR WESTACRE PARK RENOVATION AND EXPANSION PROJECT (CIP 62155) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X ] Staff
[ ] Other
Megan Gideon, Project Manager I
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to award a contract to the Public Restroom Company for the purchase and installation of a new restroom building for the Westacre Park Renovation and Expansion Project (CIP 62155).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve and authorize the City Manager, or his designee, to execute a contract for services with the Public Restroom Company for the purchase, delivery and installation of a new pre-manufactured restroom building, in an amount not to exceed $424,734; 2) Authorize the City Manager to execute non-substantive changes or modifications to the contract with the Public Restroom Company, with the approval of the City Attorney; and 3) Authorize the City Manager, or his designee, to issue contract change orders up to 10% of the contract amount, not to exceed $42,474.

BACKGROUND
Westacre Park, located at 1755 Evergreen Avenue, is owned by Washington Unified School District (WUSD), but improved and maintained by the City as part of a Joint Use Agreement between WUSD and the City. The existing park amenities include a dated skatepark, basketball court, play structure without shade, and turf areas used for soccer and other sports. As part of its facility and budget planning effort, WUSD has offered additional property located immediately adjacent to the park site for a potential park expansion. The additional parcel includes a parking area and empty warehouse buildings.

On June 5, 2019, the City Council authorized the submission of a grant application to the California Department of Parks and Recreation for the Statewide Park Development and Community Revitalization Program (SPP) for $7.843 million to fund improvements to Westacre Park. The grant application for this site included renovating the existing skatepark, removal of the existing warehouse buildings, and expansion of the park to allow for additional parking. The proposed park improvements also include renovating the existing basketball court and play fields, installing new play equipment with a shade structure, a shaded seating area, a multi-use sports court, walking loops, lighting, landscaping, a restroom building to support athletic field use, and any other improvements identified through the community engagement process.

On December 7, 2021, the City was notified of being awarded $7,843,000 of SPP grant funding for design and construction improvements to Westacre Park and subsequently entered a grant agreement with the California Department of Parks and Recreation for SPP grant funding on May 5, 2022. All upcoming work on this project will need to be completed by the end of the grant performance period, which ends June 1, 2025.

On April 1, 2022, the Capital Projects Department issued a Request for Proposals (RFP) for the design of the Westacre Park Expansion and Renovation Project improvements. City staff received five (5) proposals from design firms, which were ranked and evaluated by staff from the Capital Projects and Parks and Recreation Departments. Melton Design Group, Inc. (MDG) ranked number one based on the specified criteria. MDG provided a robust proposal that incorporated all elements that identified in the SPP grant application.

On July 20, 2022, the City Council approved a professional services contract with MDG for the design of the Westacre Park Expansion and Renovation.

MDG completed the design phase in September 2024. The final design includes the following amenities to support the park use: updated skatepark and pump track, splash pad, climbing wall, public restroom facilities, 46 Award Of Contract for Pre-Manufactured Restroom for Westacre Park Renovation and Expansion Project (CIP 62155) November 20, 2024

Page 2 ends

basketball, pickleball, and futsal courts, soccer fields, shade structures, a health and fitness labyrinth, and play structures, site lighting, trash receptacles, and updated parking areas that conform to ADA requirements.

ANALYSIS
During the design process and development of cost estimates for the Westacre Park Expansion and Renovation Project, MDG discovered that the cost of the premanufactured restrooms and installation increases every few months. Therefore, MDG recommended that the City pre-purchase the items from the Public Restroom Company directly, to ensure that the construction budget, timelines, and SPP Grant Program performance milestones are met. The City will be utilizing a Sourcewell Cooperative agreement of which both the Public Restroom Company and the City are members of. Sourcewell provides participating entities, such as municipal governmental agencies, with pre-approved vendors to provide equipment, products, or services. Using a cooperative is allowable under City purchasing policy, along with benefits such as fair and competitive pricing.

The construction contract for this project will be brought before City Council in early 2025 for consideration.

Environmental Considerations
As part of the Statewide Park Program grant application submittal, on June 5, 2019, the City Council found the Westacre Improvements Project, including a restroom facility, to be exempt from CEQA analysis under the Class 1, Class 3 and Class 4 Categorical Exemptions, under California Code of Regulation, Title 14, Division 6, Chapter 3, Section 15301, 15303 and 15304. None of the exceptions to the exemptions listed in Section 15300.2 apply to the project. No further CEQA action or documentation is required.

Commission Recommendation
Not applicable.

Strategic Plan Integration
This project is directly tied to the City’s 2024 Strategic Plan Parks & Open Space Strategic Priority as it provides diverse outdoor options for recreation and community with nature at any age.

Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as described above in this report. 2) Reject the recommended actions, or direct staff to alter the recommended actions. 3) Defer or cancel the project.

Staff recommends the Council proceed with Alternative 1, as delaying the purchase could lead to increased costs for the restroom building and installation, potentially putting the project over budget.

Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and reviewed by the Parks and Recreation Department, Finance Department, and the City Manager’s Office.

Budget/Cost Impact
This project is fully funded by the $7,843,000 Prop 68 Statewide Park Development and Community Revitalization Program (SPP) grant and appropriated in the current year’s budget (CIP 62155). These prepurchase items will be subtracted from the overall construction budget and no additional appropriations are required at this time.

ATTACHMENT

1. Contract with The Public Restroom Company
47 The Public Restroom Company
CPC24-279 Westacre Park Renovation and Expansion
Expires on 12/01/27
1 5.15.24

CONTRACT FOR SERVICES
THIS CONTRACT is made on November 20, 2024, by and between the CITY OF WEST SACRAMENTO (“City”), and The Public Restroom Company (“Consultant”).

WITNESSETH:

WHEREAS, the City desires the purchase, delivery, and installation of a premanufactured restroom for the Westacre Park Renovation and Expansion project; WHEREAS, the Consultant has presented a proposal for such services to the City, dated August 26th, 2024, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

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

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
48 The Public Restroom Company
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2 5.15.24
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.

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

C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for two (2) additional one-year extensions in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the Council approved budget.

3. COMPENSATION:

A. The Consultant shall be paid at the completion of services for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed four hundred twenty four thousand seven hundred thirty four dollars ($424,734.00), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "A".

B. Said amount shall be paid upon submittal of a monthly billing invoice 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:

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. 49 The Public Restroom Company
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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.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

6. EXTENSIONS OF TIME:

7. PROPERTY OF CITY:

8. COMPLIANCE WITH ALL LAWS:

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, 50 The Public Restroom Company
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and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.

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

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

10. SUBCONTRACTING:

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

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 51 The Public Restroom Company
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performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

15. INDEMNITY AND LITIGATION COSTS:

16. CONSULTANT TO PROVIDE INSURANCE:

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following 52 The Public Restroom Company
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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

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

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

17. MISCELLANEOUS PROVISIONS:

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

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. 54 The Public Restroom Company
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C. This Contract is funded in whole in part through grant funds received under the following grant[s]: Department of Parks and Recreation Statewide Park Development and Community Revitalization Grant. (the “Grant”), the terms of which are incorporated herein.

Copies of the Grant[s] and any related materials have been made available to Consultant, and Consultant shall ensure that its performance under this Contract, and that of any subcontractors, conforms to the requirements of the Grant[s].These requirements include, but are not necessarily limited to, compliance with the terms set forth in Exhibit E.

E. 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.

F. 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.

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

City: City of West Sacramento
Attn to: Megan Gideon
1110 West Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]

Consultant:

The Public Restroom Company
Attn to: Katherine Sherin, COO
2587 Business Parkway
Minden, NV 89243
Email: [email protected]

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

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

J. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
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CITY OF WEST SACRAMENTO
By: __________________________
Amanda Berlin, Assistant City Manager
ATTEST:

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

By: _______________________
Jeffrey Mitchell, City Attorney
[CONSULTANT]
By: _________________________
Katherine Sherin, COO
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EXHIBIT A
Consultant Proposal/Scope of Work
57 Westacre Park 'A' - City of Sacramento, CA | 08/26/2024| Reference # 11928A-7/18/2024-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 9
Price Proposal: Westacre Park Restroom
Owner: City of Sacramento, CA
Date: August 26, 2024
Reference: 11928A-7/18/2024-3
Sourcewell: Contract # 081721-PRM
Our Offer to Sell:

1. Restroom Building delivered to site @ $ 383,439
Public Restroom Company (PRC) herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention. (Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.)

2. Installation: Turnkey Installation of the Building above @ $ 41,295 with retention allowed.

Public Restroom Company also includes in this two-part quotation our turnkey installation package for this building. Our national factory authorized installation team will:
a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for the buildings plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand you provide to us alongside the building pad and screed it level for final building placement. We will need onsite water availability for wetting the sand bed before building placement to consolidate the pad.
d. Set the building on the site pad.
e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel.

3. Owner/General Contractor Final Tie In of Utilities and other site work:
a. The Owner/Contractor is responsible for making all final plumbing connections at the 6’ POC locations.
b. The Owner/Contractor is responsible for pulling wire and completing all final tie-ins to the electrical panel from the 6’ POC location.
c. The Owner/Contractor is responsible for preparing the pad/foundation. PRC will trench through provided pad/foundation to run utilities to 6’ POC locations.

4. Total Cost of building and installation @ $ 424,734
58 Westacre Park 'A' - City of Sacramento, CA | 08/26/2024| Reference # 11928A-7/18/2024-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 2 of 9
OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS:

Scope of Work Background:

Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to subgrade pad, and provide location for utility POC’s nominally 6’ outside the foundation.

Preparation of Building Pad:

Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed drawings for the subgrade building pad, utilities POC’s, and if required the footings, attached to this scope of work.

Subgrade Pad/Foundation Requirements:

1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10’ offsets.

2. Excavate the existing site to the depth of the required footings to local code if required.

3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand.

4. If determined that under slab vapor barrier and or insulation is required, Owner/General Contractor shall provide materials and installation.

Owner/General Contractor verification of site access to allow Building Delivery:

1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14’ minimum width, 16’ minimum height, and sufficient turning radius for a crane and 70’ tractor-trailer.

2. Our cost is based upon the crane we provide being able to get within 35’ from the building center and for the delivery truck to be no more than 35’ from the crane center picking point.

3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General Contractor ‘s responsibility for repair and all costs, if damage occurs.

4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor.

5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation.

6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with General Contractor’s confirmation may call-off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor.
59 Westacre Park 'A' - City of Sacramento, CA | 08/26/2024| Reference # 11928A-7/18/2024-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 3 of 9
Installation Notice and Site Availability:

PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor shall make the site available during the delivery period. During the delivery period, on an improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation.

Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner/General Contractor is received, PRC will provide a change order for remobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner/General Contractor shall sign the change order before we will continue delivery.

Public Restroom Company will “turn-key” set the buildings including the hook up of utilities inside the building (only) when they are available. PRC will use its own factory trained staff for the installation.

Utility Connections:

1. PRC to complete all internal building plumbing connections and connections from the electrical panel to building’s fixtures. The Owner/ Contractor is responsible for making the final plumbing connections at the 6’ POC locations.

2. The Owner/Contractor is responsible for pulling the wire and completing the final tie-in to the electrical panel from the 6’ POC location.

3. The Owner/Contractor is responsible for commissioning the building once final utility connections are made. This includes flushing & testing all water service lines before final startup.

Special Conditions, Permits, and Inspection Fees:

Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable.

Jurisdiction for Off-site Work:

Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, we will provide a certified plan set, calculations, and a third-party engineer inspection report for any and all closed work the local official cannot see.

PUBLIC RESTROOM COMPANY SCOPE OF WORK:

Our In Plant/Off-Site Construction Scheduling System:
60 Westacre Park 'A' - City of Sacramento, CA | 08/26/2024| Reference # 11928A-7/18/2024-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 4 of 9
PRC has several off-site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high-quality fit and finish standards. PRC manages quality control in our off-site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When proprietary materials, which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these proprietary PRC components. We then schedule the in-plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting.

Special Payment and Progress Billing Terms:

Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract.

The first progress billing invoice will be issued for the commencement of design and engineering of architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will commence monthly based on plant percentage of completion, supported by photographs.

In the event of project stoppage, additional fees may be assessed for re-mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs.

Delivery and Installation:

Site Inspection:

PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 6’ from the exterior of the building.

Installation:

PRC will install the building turn-key, except for any exclusion (listed under “Exclusions,” herein.) Installation of Utilities under the Prefabricated Building:

We fabricate off-site an underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing.

We provide all the buildings under-slab piping including the driven electrical ground rod. The Owner/General Contractor brings utility services to within 6’ of the pad and are responsible for final connections at that point.

Connection of Utilities Post Building Placement:

After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection “inside” the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point of service connections at the nominal 6’ from building locations. 61 Westacre Park 'A' - City of Sacramento, CA | 08/26/2024| Reference # 11928A-7/18/2024-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 5 of 9
Electrical:

PRC provides the electrical conduit to the POC 6’ from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel.

Plumbing:

PRC provides the POC up to 6’ from the building footprint and the Owner/General Contractor connects the water to our stub out location.

Sewer:

Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor will terminate the site sewer service.

Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection:

Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation.

Time of Completion:

PRC estimates a 240 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals; including final construction documents and structural calculations from all authorities required to approve them.

Exclusions/Exceptions:

1. Any equipment associated with the splash pad design is to be provided by others. This proposal excluded any tanks, pumps, manifolds, timers, controllers, eyewash stations, and panels required for splash pad operation.

2. Access issues for delivery of the building by a clear unobstructed path of travel from an improved roadway to the final installation pad or foundation may cause site delays and extra cost at each site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes disallowing our delivery trailers with only 4” of clearance to grade, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC. On some sites without on-site storage availability for buildings that cannot be set, relocation to a proximal crane yard and later relocated to the site for installation, will incur additional fees at rates that vary depending on local rates. PRC will provide written costs for this additional work by change order.

3. If weather on site causes site delivery issues, the delivery may have to be diverted to an off-site location and the additional costs will be a change order to the bid. Our staff works 62 Westacre Park 'A' - City of Sacramento, CA | 08/26/2024| Reference # 11928A-7/18/2024-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 6 of 9
with the Owner/General Contractor in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes Owner/General Contractor take risks for weather, but this risk is clearly at the Owner/General Contractor risk, not PRC.

4. Sidewalks outside the building footprint.

5. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage or other site improvements if damaged during installation shall be the responsibility of the Owner/General Contractor.

6. Not responsible for removing any soil, sand, or other debris as a result of trenching or installation.

7. Survey, location of building corners, finish floor elevation, excavation, and construction of subgrade building pad and footings (if required) per PRC plans.

8. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90% maximum dry density shall require Owner/General Contractor correction before building placement. If no soils testing report is available before bid, Owner/General Contractor must verify site supporting soils at a minimum of 1500 PSF because that is the least we can place our structures on or Owner/General Contractor or engineer of record must design a foundation system to meet the imposed loads of site placement.

9. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for installation of a building internal diaphragm tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum of 40 PSI to properly flush the fixtures. Building water service chlorination, post installation, shall be by Owner/General Contractor.

10. Our bid included crane costs are based on a maximum 35’ radius from the center pin of the crane (10’ back from the rear of the crane) to the building center point of the furthest building module roof. If additional distance requires a larger crane, additional costs will be assessed by change order to the Owner/General Contractor.

11. Bonds, building permits, a site survey, special inspection fees, minor trash removal (nominally one pickup truck of shipping materials), final utility connections to the on-site water, sewer and electrical are by the Owner/General Contractor. Since the building is fully inspected and tested in plant, minor plumbing leaks (if water is not available when building site work installation is completed) is by the Owner/ General Contractor.

12. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC.

13. Any equipment installation, site work or special inspections other than described within this proposal, shall be by Owner/General Contractor.

14. Backflow certification if applicable by Owner/ General Contractor.

15. Any Fire Suppression Systems by others, not by PRC.

16. Any future transformers, related shut offs, and disconnects for electrical is by others, not by PRC.

17. If determined that under slab vapor barrier and or insulation is required, Owner/General Contractor shall provide materials and installation.
63 Westacre Park 'A' - City of Sacramento, CA | 08/26/2024| Reference # 11928A-7/18/2024-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 7 of 9
Insurance and Prevailing Wage Certification:

PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations.

Special Insurance to protect the Building before acceptance:

As PRC requires payment for each month of off-site construction, and since the building is not on owner property where their insurance will cover the building, we maintain a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. This special policy protects the Owner’s custom ordered materials to be used in the fabrication of the building during this period. PRC provides this Stock Throughput Policy to cover the building materials from supplier to manufacturer, while it is being built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy has a $1,000,000 coverage limit. This exceeds the cost of any single building we have offered for sale herein.

Errors and Omissions Insurance:

Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings.

Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order.

WARRANTY:

All work performed by PUBLIC RESTROOM COMPANY (called “Company”) shall be warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner’s agent without on-site supervision by Company. Company warranty on building shell including exterior walls, concrete 8” slab/foundation, and roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below.

Owner/General Contractor selected parts and materials that are not PRC approved will not be covered under PRC’s 5 year component warranty. These selections will be covered only by any available manufacturer warranty.

Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance warranties beyond the one year period. The warranty extension is solely between the owner and PRC and not the general contractor, bonding company, or architect/engineer of record.

This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product.
64 Westacre Park 'A' - City of Sacramento, CA | 08/26/2024| Reference # 11928A-7/18/2024-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 8 of 9
The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness.

There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner.

Term of Offer to Sell and Owner/General Contractor Acceptance:

This offer is valid for acceptance within 90 days or when a part of a public bid for the applicable duration imposed within the Owner’s bid documents. Acceptance is by approving our post bid preliminary notice to begin drawings subject to final Owner/General Contractor approval of our submittals and receipt of a contract or a purchase order/contract.

Special Notice of Possible Project Cost Increases as a Result of Late Payments:

In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to cure and if payment is still not received, the discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum amount allowed by law or 18% whichever is greater.

Termination:

Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off-site demolition and disposal of the partially or fully fabricated building as well as any non-returnable materials which were custom-ordered to complete fabrication in PRC’s factory location. Any returned materials are subject to return and restocking fees at the Owner/General Contractor expense.

Venue for Contract Jurisdiction:

Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law. 65 Westacre Park 'A' - City of Sacramento, CA | 08/26/2024| Reference # 11928A-7/18/2024-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 9 of 9
No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company.

Offered by: Public Restroom Company by _________________________________ Charles E. Kaufman IV, President
This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached.

Accepted by:
_______________________________ _______________________________ Authorized Signature Date Signed
_______________________________ _______________________________ Printed Name Legal Entity Name and Address
66 PROJECT REF#: 11928A-7/18/2024-3
COPYRIGHT 2024, PUBLIC

RESTROOM COMPANY

THIS MATERIAL IS THE

EXCLUSIVE PROPERTY OF

PUBLIC RESTROOM

COMPANY AND SHALL

NOT BE REPRODUCED,

USED OR DISCLOSED TO

OTHERS EXCEPT AS

AUTHORIZED BY THE

WRITTEN PERMISSION OF

PUBLIC RESTROOM
COMPANY.

SACRAMENTO, PARK CALIFORNIA

RESTROOM/

PUMP BUILDING
2587 BUSINESS PARKWAY
MINDEN NEVADA 89423
P: 888-888-2060 F: 888-888-1448
www.PublicRestroomCompany.com

WESTACRE
A

THIS CONCEPTUAL/ PRELIMINARY DESIGN
AND THE 3D RENDERING IS AN ARTISTIC
INTERPRETATION OF THE DESIGN. IT IS NOT

MEANT TO BE AN EXACT RENDITION OF THE
FINISH PRODUCT. SOME ITEMS MAY NOT BE

STANDARD AND/OR SUBJECT TO CHANGE

DURING PROJECT DEVELOPMENT

FLOOR PLAN
SCALE: NOT TO SCALE
67 ACC. RR-2 ELEC RM/ STORAGE ELEC. PANEL ACC. RR-1 DRINKING FOUNTAIN w/ BOTTLE FILLER 26'-8" (ROOF OVERALL) 4'-0" 21'-4" (BUILDING OVERALL) 1'-4" 24'-0" (ROOF OVERALL)
8"
12'-0" (MOD-'1')
11'-4" 8"
12'-0" (MOD-'2')
11'-4"
24'-0" (ROOF OVERALL)
8" 8" 22'-8" PUMP ROOM SHOWER HEAD PUMP & CONTROLLER MANIFOLD UV SAND FILTERES NOTE: ALL EQUIPMENTS AND LAYOUTS ARE BY OTHERS. OUTLINES SHOWN ON THIS PLAN ARE APPROX. LOCATIONS. CHEMICAL TANKS CHEM. #1 CHEM. #2 2 FLOOR PLAN SCALE: 3/16"=1'0" A-1 1 3 4 PROJECT #: MAX. PERSON / HOUR: REVISION # 90SHEET# START DATE: DRAWN BY: REVISION DATE: DRAWN BY: C O P Y R I G H T 2 0 2 4 P U B L I C R EST R O O M C O M PA N Y T H IS MATERIAL IS THE EXCLUSIVE P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D SHALL NOT BE REPRODUCED, U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AUTHORIZED BY THE WRITTEN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 11928A-7/18/2024-3 RESTROOM/ PUMP BUILDING WESTACRE PARK SACRAMENTO, CA THIS CONCEPTUAL/ PRELIMINARY DESIGN AND THE 3D RENDERING IS AN ARTISTIC INTERPRETATION OF THE DESIGN. IT IS NOT MEANT TO BE AN EXACT RENDITION OF THE FINISH PRODUCT. SOME ITEMS MAY NOT BE STANDARD AND / OR SUBJECT TO CHANGE DURING PROJECT DEVELOPMENT 11928A 7/18/2024 EOR 3 68 DRINKING FOUNTAIN w/ BOTTLE FILLER T.O. SLAB 0'-0" T.O. WALL 7'-4" CORR. METAL SIDING STUCCO CORR. METAL SIDING 12'-10" 2 12 T.O. SLAB 0'-0" T.O. WALL 7'-4" CORR.
12'-10" METAL SIDING STUCCO CORR. METAL SIDING A-2 ELEVATION 1 SCALE:3/16"=1'-0" ELEVATION 2 SCALE:3/16"=1'-0" PROJECT #: MAX. PERSON / HOUR: REVISION # 90SHEET# START DATE: DRAWN BY: REVISION DATE: DRAWN BY: C O P Y R I G H T 2 0 2 4 P U B L I C R EST R O O M C O M PA N Y T H IS MATERIAL IS THE EXCLUSIVE P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D SHALL NOT BE REPRODUCED, U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AUTHORIZED BY THE WRITTEN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 11928A-7/18/2024-3 RESTROOM/ PUMP BUILDING WESTACRE PARK SACRAMENTO, CA THIS CONCEPTUAL/ PRELIMINARY DESIGN AND THE 3D RENDERING IS AN ARTISTIC INTERPRETATION OF THE DESIGN. IT IS NOT MEANT TO BE AN EXACT RENDITION OF THE FINISH PRODUCT. SOME ITEMS MAY NOT BE STANDARD AND / OR SUBJECT TO CHANGE DURING PROJECT DEVELOPMENT 11928A 7/18/2024 EOR 3 69 T.O. SLAB 0'-0" T.O. WALL 7'-4" CORR. METAL SIDING STUCCO CORR. METAL SIDING 12'-10" 2 12 SHOWER HEAD T.O. SLAB 0'-0" T.O. WALL 7'-4" CORR. METAL SIDING STUCCO CORR. METAL SIDING STUCCO 12'-10" A-3 ELEVATION 3 SCALE:3/16"=1'-0" ELEVATION 4 SCALE:3/16"=1'-0" PROJECT #: MAX. PERSON / HOUR: REVISION # 90SHEET# START DATE: DRAWN BY: REVISION DATE: DRAWN BY: C O P Y R I G H T 2 0 2 4 P U B L I C R EST R O O M C O M PA N Y T H IS MATERIAL IS THE EXCLUSIVE P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D SHALL NOT BE REPRODUCED, U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AUTHORIZED BY THE WRITTEN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 11928A-7/18/2024-3 RESTROOM/ PUMP BUILDING WESTACRE PARK SACRAMENTO, CA THIS CONCEPTUAL/ PRELIMINARY DESIGN AND THE 3D RENDERING IS AN ARTISTIC INTERPRETATION OF THE DESIGN. IT IS NOT MEANT TO BE AN EXACT RENDITION OF THE FINISH PRODUCT. SOME ITEMS MAY NOT BE STANDARD AND / OR SUBJECT TO CHANGE DURING PROJECT DEVELOPMENT 11928A 7/18/2024 EOR 3 70 The Public Restroom Company
CPC24-279 Westacre Park Renovation and Expansion
Expires on 12/01/27

EXHIBIT B
Schedule of Performance
Contract Start Date
November 20, 2024
Contract End Date
December 1st, 2027
71 The Public Restroom Company
CPC24-279 Westacre Park Renovation and Expansion
Expires on 12/01/27

CONSULTANTS
By:

Katherine Sherin, COO
72 The Public Restroom Company
CPC24-279 Westacre Park Renovation and Expansion
Expires on 12/01/27

EXHIBIT D

LABOR COMPLIANCE

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

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. 73 The Public Restroom Company
CPC24-279 Westacre Park Renovation and Expansion
Expires on 12/01/27
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.

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 74 The Public Restroom Company
CPC24-279 Westacre Park Renovation and Expansion
Expires on 12/01/27
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. 75 CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2024 ITEM # 7
CONSIDERATION OF RESOLUTION 24-112 REGARDING THE EMERGENCY

CONTRACT WITH ACCO ENGINEERED SYSTEMS, INC FOR THE COMMUNITY CENTER HVAC PROJECT (CIP 52083)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Jai Chahal
Construction & Facilities Development Manager
Capital Projects Department
Schawn Franklin
Equipment and Facilities Superintendent
Public Works Operations & Maintenance
Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to adopt Resolution 24-112 regarding Change Order 1 to the Emergency Contract with Acco Systems Inc for the Community Center HVAC System Repair Project occurring at the Community Center located at 1075 West Capitol Avenue.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve change order 1 to the construction contract with Acco Engineered Systems Inc. in the amount of $60,482 for the Community Center Emergency HVAC Project; 2) Authorize the City Manager, or his designee, to execute contract amendments or change orders up to 20% ($12,096) of the contract amendment value;
3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the construction contract, with approval from the City Attorney; and 4) Adopt, by a minimum four-fifths vote of the Council, Resolution 24-112, regarding the Emergency Contract with Acco Systems, Inc for the Community Center HVAC Repair Project.

BACKGROUND
Opposite City Hall Galleria in the heart of the Civic Center District, the Community Center located at 1075 West Capitol Ave. is an integral city facility operated by the City’s Parks and Recreation Department. Construction of the facility was completed in late 2010 and the building went into service in 2011.

The three-story structure houses a multitude of recreation opportunities for multiple generations. During weekday hours the facility is busy with Active Aging programs for seniors ranging from crafts to wellness activities. The facility hosts after-school enrichment classes, and its various-sized meeting rooms are the setting of community rentals ranging from professional workshops and board meetings to graduations and celebrations of life. The West Sacramento Historical Society maintains a museum-quality exhibit space illustrating the City’s history. The arts are alive within the building's rotating visual art exhibits within Gallery 1075 and a rentable Black Box Theater where community, regional, and professional performances are staged.

As the building enters its 15th year of operation many components are ending their useful life one being the HVAC system. Over the last few years the system began experiencing major failures and at the FY 24/25 Midterm budget adoption on August 21, 2024 Capital Improvement Program (CIP) 52083 was created to replace and redesign the HVAC system for the entire building. On September 4th, 2024, the unit that serves the Black Box Theater experienced a total failure creating an inoperable environment for the space.

City Staff made multiple attempts to revive the HVAC unit, however due the units age and obsoleteness all attempts were unsuccessful. To keep the space operable for pre-booked productions and rentals that were relying on the theater to be functional staff consulted with Acco Systems Inc. to find an interim solution for the HVAC system. Acco began by running diagnostics on the failed unit the results confirmed staff’s findings that the unit was not able to be revived. City Staff received a quote from Acco to supply temporary HVAC units until a permanent unit can be sourced these repairs would be performed under an emergency contract approved by City Council on September 18, 2024.
76 Community Center HVAC Emergency Repair Project Change Order 1 November 20, 2024

Page 2 ends

Staff has been working alongside Acco since the system failure and has developed a detailed plan to install a permanent replacement unit for the Black Box theater the work associated with the permanent replacement is included in contract change order 1.

ANALYSIS
For the purposes of contracting, Section 1102 of the Public Contract Code (PCC) defines an emergency as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential services.” PCC 20168 allows cities to enter into no-bid emergency construction contracts following the procedure set out in PCC22050. PCC 22050 allows a city to delegate this authority to a non-elected public official. West Sacramento Municipal Code 3.04.090 delegates this authority to the “purchasing agent”, which is elsewhere defined as the City Manager.

Once the contract has been approved, the City Manager is required to report on the contract at the next City Council meeting (PCC 22050(b)(3)). If the work is continuing, the Council needs to adopt a resolution allowing the work to continue (PCC 22050(c)(2)). Because the work involved in the emergency repair extended beyond the September 18, 2024, City Council meeting. Council adopted a resolution allowing the work of the contractor to continue. Resolution 24-103, approved by City Council at the September 18, 2024 meeting, allowed the work of the contractor to continue beyond the September 18, 2024, Council meeting. Because of additional work involved in completing the repair may extend past the November 20th City Council meeting staff is recommending approval of Resolution 24-112. The resolution must be approved by a minimum four-fifths vote of the Council for the work to continue.

Environmental Considerations
This emergency repair is exempt from CEQA analysis under CEQA Guidelines 15269. According to the CEQA Guidelines, an emergency includes emergency repairs to public or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare. A Notice of Exemption was filed on September 18, 2024 for the project.

Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as stated above.
2) Delay or revise the recommended actions.
3) Not approve the recommended actions.

Alternatives 2 and 3 are not recommended as the adoption of Resolution 24-112 is required for the contractor to complete the emergency work detailed in this report.

Coordination and Review
This report was prepared by the Capital Projects Department and coordinated with and reviewed by the Public Works Operations and Maintenance Department, Parks & Recreation Department, Finance Department, and the City Attorney.

Budget/Cost Impact
The emergency work identified in this report is not eligible for reimbursement by YCPARMIA. Capital Improvement Program (CIP) 52083 has been created for the HVAC System Replacement at the Community Center and will be utilized as a funding source.

ATTACHMENTS

1. Change Order 1 With Acco Engineered Systems, Inc.

2. Resolution 24-112
77 CPC24-252 Request Date: 11/20/2024
P0170793 Change Order # 1
Council Date 11/20/2024
Vendor:

Project:

Submitted by: Contractor Reviewed by: Division Manager/Department Head Hugh Palmer, ACCO Engineered Systems Ariana Adame, Director of Capital Projects Date [email protected]
Reviewed by: Project Manager Approved by:

Jaipal Chahal, Division Manager Aaron Laurel, City Manager Date City Budget Approval:

Susana Jackson, Finance Manager Date
Approved as to form: Attest:

Jeff Mitchell, City Attorney Jennifer Cusmir, City Clerk Date Contracts initially approved by Council also require City Attorney and City Clerk Signatures Contract #
Purchase Order #
$118,482.00
The contract sum will be increased by this Change Order:

New contract sum including all Change Orders:

CHANGE ORDER
Cost Center #
400-9900-5530 / 400-52083-5866
Net change by previous Change Orders:

CONTRACTOR agrees that the amount of increase or decrease in the contract sum specified in this change order shall constitute full compensation for the work required by this change order, including but not limited to all compensation for the additional and/or revised work specified herein, and shall fully compensate CONTRACTOR for any and all direct and indirect costs that may be incurred by CONTRACTOR in connection with such additional and/or revised work, including any changes, disruptions or delays in work schedules or in the performance of other work by CONTRACTOR.

The time for performance of the Contract will increase 0 working days by reason of the work described by this Change Order. Except as herein above expressly provided, CONTRACTOR further agrees that the performance of the work specified in this Change Order or the rescheduling of other project work made necessary by this Change Order, shall not constitute a delay which will extend the time limit for completion of the work as said term is used in the Contract between CITY and CONTRACTOR for the project.

ACCO Engineered Systems, Inc (V021576)
Community Center HVAC Replacement Project
Description:
$0.00
$58,000.00
Upon mutual acceptance of this document the City of West Sacramento, hereinafter referred to as "City"' and your firm, hereinafter referred to a "Contractor", in accordance with the terms and conditions of the original contract documents, you are hereby directed to make the following change or changes for the consideration set forth below:

The HVAC unit at the Black Box Theatre located in the Community Center experienced catastrophic failure and was replaced. During the replacement additional work was identified to complete the replacement. Change order 1 will cover the additional work identified in ACCO's proposal.

The original contract sum was: $58,000.00
The contract sum prior to this Change Order was:
$60,482.00
78 SEE TERMS AND CONDITIONS TO BID CONTRACT Rev. 09-10-03

BID CONTRACT
Job # Pending
Sacramento Office: 9290 Beatty Drive, Sacramento CA. 95826 Phone # (510) 346-4300 24 Hour Service # (800) 598-2226 Corporate Office: 6265 San Fernando Road, Glendale, CA 91201 Principle Offices: San Leandro Sacramento Orange County San Diego Seattle, WA QUOTATION TO: JOB SITE/ADDRESS:

ATTN: Jai Chahal
Capital Projects Department
West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
PH: (530) 300-1636
West Sacramento Community Center
1075 West Capitol Ave
West Sacramento, CA 95691
Rental Duration Add, Additional Circuit & Filter Drier
Replacement
THE CONDITIONS PRINTED EITHER ON THE REVERSE SIDE OR ATTACHED ARE PART HEREOF.

This work or price quotation does not include detection, abatement, encapsulation or removal of asbestos or products, materials, or equipment containing asbestos.

SCOPE OF WORK:

ACCO is pleased to submit a proposal to provide labor and material to add one (1) additional month to the rental equipment, add a rooftop electrical circuit, and time to revisit the system to re-check for acid.

Add Option:
1) Engineered Drawings and Title 24 Paperwork.………..$5,000.00 Initial__________ Clarifications: All work on straight time. Equipment is owner furnished. Equipment specifications and selection by owner.

Heat load calculations have not been performed. This replacement is in response to an emergency condenser failure.

Drawings and permits are not included. Any follow-up service calls that are system related to be billed separately. “Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation.

California State License No. 120696
The base price of this work (including all materials, labor, truck and taxes)………….$16,840.00 Terms of payment, unless modified above, are zero down payment and the balance due upon the receipt of invoice. Your signed acceptance of this Bid Contract within 30 days of September 9, 2024 shall, upon the acceptance of the Seller, form a written contract (the "agreement") between the Seller and Buyer for the work described above and such agreement includes Terms and Conditions on page 2 of this agreement.

Prepared in duplicate: September 9, 2024
Prepared for
ACCO Engineered Systems (“SELLER”) Customer (“BUYER”)
ACCEPTED FOR BUYER:

By:________________________________________________
Lawrence Duong, Project Manager, 415-610-9096 By:__________________________________________________ ACCEPTED FOR SELLER (Authorized Signature)
By:________________________________________________
(Authorized Signature) Name/Title:____________________________________________ Name/Title:_________________________________________ Date of Acceptance:_____________________________________ , or in any
79 SEE TERMS AND CONDITIONS TO BID CONTRACT Rev. 09-10-03

ATTN: Jai Chahal
Capital Projects Department
West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
PH: (530) 300-1636
West Sacramento Community Center
1075 West Capitol Ave
West Sacramento, CA 95691
Condenser Replacement REV1
THE CONDITIONS PRINTED EITHER ON THE REVERSE SIDE OR ATTACHED ARE PART HEREOF.

This work or price quotation does not include detection, abatement, encapsulation or removal of asbestos or products, materials, or equipment containing asbestos.

SCOPE OF WORK:

ACCO is pleased to submit a proposal to provide labor and material to remove and replace the failed HP-5 condenser with a new owner furnished condenser.

Work to include:
• Detailing and material handling
• Recover refrigerant per EPA standards – existing refrigerant contains acid • Flush existing line set
• Break loose anchorage and DX piping on existing condenser unit • Crane to setup in parking lot
• Crane pick and remove existing unit and replace with new unit • Install new sheet metal housekeeping cap
• Replace springs for new condenser weight
• Reuse existing steel base and anchor new unit to match existing conditions • Install new temporary filter driers to remove acid in the system • Pull new 8 AWG to replace the existing 10 AWG wire
• Cap the second disconnect circuit
• Survey existing DX line and record linear feet and fittings. Send to manuf. for refrigerant charge volume. • Charge up with new R-410a refrigerant system per manufacturer’s recommendations • Startup system and verify operations
Clarifications: All work on straight time. Equipment is owner furnished. Equipment specifications and selection by owner.

Heat load calculations have not been performed. This replacement is in response to an emergency condenser failure.

Drawings and permits are not included. The temporary cooling quote is on a separate quote. Labor warranty not included. “Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation.

California State License No. 120696
The base price of this work (including all materials, labor, truck and taxes)………….$38,642.00 Terms of payment, unless modified above, are zero down payment and the balance due upon the receipt of invoice. Your signed acceptance of this Bid Contract within 30 days of September 9, 2024 shall, upon the acceptance of the Seller, form a written contract (the "agreement") between the Seller and Buyer for the work described above and such agreement includes Terms and Conditions on page 2 of this agreement.

Prepared in duplicate: September 9, 2024
Prepared for
ACCO Engineered Systems (“SELLER”) Customer (“BUYER”)
ACCEPTED FOR BUYER:

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

REGARDING THE CONTINUANCE OF THE EMERGENCY CONTRACT WITH ACCO ENGINEERED SYSTEMS, INC. FOR THE COMMUNITY CENTER HVAC EMERGENCY REPAIR PROJECT (CIP 52083)
WHEREAS, on September 4, 2023, The Community Center lost the entire HVAC system for the Black Box Theater; and
WHEREAS, City staff discovered that the HVAC system at the Community Center had completely failed due to age and obsolescence; and
WHEREAS, City staff contacted Acco Engineered Systems, Inc., for repair services, to assess the damages and provide an estimate for repair; and WHEREAS, Acco Engineered Systems, Inc. determined that the existing HVAC System was beyond repair.

WHEREAS, City staff requested a quote for a temporary HVAC system from Acco Engineered Systems, Inc as a permanent solution is sourced to return the facility to normal operation; and
WHEREAS, City staff selected Acco Engineered Systems, Inc to perform the repairs under an emergency contract; and
WHEREAS, the installation of the temporary HVAC System began on 9/10/2024 and due to the availability of a permanent unit, the completion of the work will likely take several weeks; and
WHEREAS, staff worked with Acco Engineered Systems, Inc and received a quote for a permanent solution for the HVAC system in the Black Box Theater.

WHEREAS, for the purposes of contracting, Section 1102 of the Public Contract Code (PCC) defines an emergency as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services”; and
WHEREAS, PCC 20168 allows cities to enter into no-bid, emergency construction contracts following the procedure set out in PCC 22050; and WHEREAS, PCC 22050 allows a city to delegate this authority to a non-elected public official and West Sacramento Municipal Code 3.04.090 delegates this authority to the “purchasing agent”, which is elsewhere defined as the City Manager; and WHEREAS, once the emergency contract has been approved, the City Manager is required to report on the contract at the next City Council meeting (PCC 22050(b)(3)); and WHEREAS, if the work is continuing, the Council needs to adopt a resolution allowing the work to continue (PCC 22050(c)(2)); and
WHEREAS, because the work involved in the emergency repair will likely take several weeks, the work may extend beyond the November 20, 2024, City Council meeting and therefore 81 Resolution 24-36

Page 2 ends

according to PCC 22050(c)(2), the Council needs to adopt a resolution allowing the work of the contractor to continue beyond November 20, 2024.

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 finds there is a need to allow continuance of the work to complete the emergency repairs as described in the contract with Acco Engineered Systems, Inc beyond November 20, 2024.

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 20th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
82 CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2024 ITEM # 8
SUBJECT:

CONSIDERATION OF PROFESSIONAL SERVICES CONTRACT WITH WEST YOST

ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT OF $459,828 FOR THE SOUTH SEWER LIFT STATION REHABILITATION/REPLACEMENT PROJECT (CIP 32002)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Bernard Corrales, Assistant Engineer
Amber Wallace, Senior 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 West Yost Associates for the South Sewer Lift Station Rehabilitation/Replacement Project (CIP 32002).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the contract with West Yost Associates for the South Sewer Lift Station Rehabilitation/Replacement Project (CIP 32002) is exempt from environmental review under California Environmental Quality Act Title 14, Chapter 3, Article 19 pursuant to the Section 15301, Class 1 Categorical Exemption;
2) Approve a professional services contract with West Yost Associates for Construction Management Services for the South Sewer Lift Station Rehabilitation/Replacement Project; 3) Authorize the City Manager, or his designee, to execute a professional services contract with West Yost Associates for an amount not to exceed $459,828;
4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; 5) Authorize the City Manager, or his designee, to make contract amendments up to $46,000; and 6) Delegate authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

BACKGROUND
The City Council approved General Plan 2035 on November 16, 2016, which guides how the City should develop over time. A goal of the General Plan 2035 process was to ensure that the City’s utilities would serve existing and projected future customers. In conjunction with the General Plan, the 2015 Sanitary Sewer Master Plan (SSMP) Update was prepared to assess the condition and capacity of the City’s existing sewer conveyance system. The Sanitary Sewer Master Plan recommended improvements to the South Lift Station to continue providing reliable services to the City’s residents and customers.

The South Sewer Station is located on the corner of Park and Stone Boulevard near the port of Sacramento. It is directly downstream of the Manna Beverage and Ventures Company. The South Sewer Lift Station is severely corroded, and the pumps have a hard time keeping up with the fluctuation in the flows. The City envisions a rehabilitated lift station to improve resiliency, efficiency, and maintenance, which will provide residents with safe and secure quality services and well-maintained infrastructure.

ANALYSIS
On August 14, 2024, staff issued a Request for Proposals (RFP) through the City’s online procurement system, OpenGov, to obtain proposals from engineering firms for Construction Management and Inspections of the South Sewer Lift Station Rehabilitation/Replacement Project.

The City received five electronic proposals from the following firms, listed in alphabetical order:
 Alpha CM
 Consolidated CM
 Kjeldsen Sinnock Neudeck Inc.
 MCK Americas Inc.
 West Yost Associates
83 South Sewer Lift Station Rehabilitation/Replacement Project November 20, 2024

Page 2 ends

A four-person evaluation panel ranked the five firms on October 10, 2024. City staff evaluated each firm and its proposals based on the following criteria: qualifications and experience, understanding of the work to be done, demonstrated technical ability, familiarity with state and federal procedures, and acceptance of the City’s contract for services. After reviewing West Yost Associates qualifications, experience, and proposed work plan, the staff selection panel determined that West Yost Associates demonstrates a strong understanding of the work to be performed and is the most qualified firm to provide Construction Management and Inspection Services. The attached contract includes the negotiated scope and fees to complete the assignment.

Staff requests the City Manager, or his designee, be granted the authority to execute amendments not exceeding 10% ($46,000) of the contract amount due to unforeseen conditions, community outreach support, etc.

The anticipated project schedule for the South Sewer Lift Station Rehabilitation/Replacement Project is listed below:
 Issuance of RFP: August 14, 2024
 Contract Award: November 20, 2024
 Estimated Design Completion: Fall 2025
 Construction Begins: Spring 2026
Environmental Considerations
The California Environmental Quality Act Title 14, Chapter 3, Article 19 defines what projects or categories are allowed to be considered Categorically Exempt. Section 15301, Class 1 allows public entities to perform operations such as repair, maintenance or minor alteration of existing public structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination without review of the project under CEQA. The South Sewer Lift Station Rehabilitation Project falls within the following Class 1 Categorical Exemption: “(d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. A Notice of Exemption will be filed when the project awards the construction contract.

Commission Recommendation
Not applicable.

Strategic Plan Integration
Not applicable.

Alternatives
Alternatives available to the City Council include:
1) Approve the recommended actions as stated above.
2) Make adjustments to the recommended actions.
3) Decline to approve the recommended actions or delete the project.

Alternatives 2 and 3 are not recommended due to the large amount of sewage flowing into the South Sewer Lift Station causing the already modified/exhausted pumps/propellers to be overworked and strained.

Coordination and Review
This report was prepared by the Capital Projects Department with coordination from the Finance Department, and review by the City Manager’s Office.

Budget/Cost Impact
This project is included in the City’s Capital Improvement Program (CIP), approved by the Council on June 28, 2023, as CIP 32002. There is sufficient funding available in the project budget, therefore, no additional funds are required or requested for this contract at this time.

ATTACHMENT

1. CPE24-302 West Yost Associates Contract
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CONTRACT FOR SERVICES
THIS CONTRACT is made on November 20, 2024, by and between the CITY OF WEST SACRAMENTO (“City”), and West Yost and Associates, Inc (“Consultant”).

WITNESSETH:

WHEREAS, the City desires Construction Management and Inspection Services for the South Sewer Lift Station Rehabilitation/Replacement Project; and WHEREAS, the Consultant has presented a proposal for such services to the City, dated September 17, 2024, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

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

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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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” and terminate on November 19, 2027.

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

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 four hundred fifty nine thousand eight hundred twenty eight dollars ($459,828), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".

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

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

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

4. TERMINATION:

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. 86 West Yost Associates
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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.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

6. EXTENSIONS OF TIME:

7. PROPERTY OF CITY:

8. COMPLIANCE WITH ALL LAWS:

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, 87 West Yost Associates
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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.

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

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

10. SUBCONTRACTING:

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

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 88 West Yost Associates
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of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

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 89 West Yost Associates
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active negligence, the sole negligence, or the willful misconduct of the City.

16. CONSULTANT TO PROVIDE INSURANCE:

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

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

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

16.B.2.b).

E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.
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F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.

17. MISCELLANEOUS PROVISIONS:

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

City: City of West Sacramento
Attn to: Bernard Corrales
1110 West Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]
Consultant: West Yost Associates
Attn to: J.P. Davis
100 Howe Avenue
Suite 110S Sacramento, CA
Email: [email protected]
F. This Contract shall be interpreted and governed by the laws of the State of California.
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G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.

H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
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CITY OF WEST SACRAMENTO
By: __________________________
Amanda Berlin, Assistant City Manager
ATTEST:

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

By: _______________________
Jeffrey Mitchell, City Attorney
West Yost Associates
By: _________________________
Greg Chung, VP of West Yost Associates
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EXHIBIT A
Consultant Proposal/Scope of Work
95 CITY OF WEST SACRAMENTO
South Sewer Pump
Station Rehabilitation Project
Construction Management
and Inspection Services
SEPTEMBER 17, 2024

TECHNICAL PROPOSAL
96 1 City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 2020 Research Park Drive
Suite 100
Davis, CA 95618
530.756.5905 phone
530.756.5991 fax
westyost.com
September 17, 2024
Bernard Corrales
City of West Sacramento
1110 W Capitol Avenue, 1st Floor
West Sacramento, CA 95691
RE: Response to Request for Proposal for West Sacramento -Construction Management and Inspection Services for South Sewer Pump Station Rehabilitation Project | 24-048-RFP
Dear Bernard:

West Yost is pleased to submit this proposal to provide the City of West Sacramento (City) with Construction Management and Inspection (CM&I) services to prepare the City’s South Sewer Pump Station Rehabilitation Project. Our proposal has been developed in accordance with the City’s Request for Proposals (RFP) 24-048-RFP dated August 14, 2024 and Addendum No 1. (August 20,2024), No.2 (August 26, 2024) and No.3 (August 27,2024).

West Yost prepared the City’s 2015 Sanitary Sewer Master Plan Update, and we are eager to continue the successful relationship we have developed with the City. To deliver this project successfully and efficiently to the City, West Yost has assembled a team that brings together a deep bench of expertise in Construction Management and Inspection services for new construction and rehabilitation of wastewater pump stations and is familiar with City systems and processes.

Required Information
PROPOSER’S NAME AND

CONTACT
West Yost and Associates, Inc.

J.P. Davis, Project Manager
100 Howe Ave, Suite 110S Sacramento, CA 95825
530.400.8781 (cell) | 916.306.2250 (office)
[email protected]
STATEMENT OF OFFER This proposal is an offer to complete the Scope of Work, and the offer, including the Cost Proposal rates and budget, remains valid for at least 90 business days after the proposal due date.

CONFLICT OF INTEREST West Yost and its proposed subconsultants have no conflicts of interest with the City of West Sacramento.

CITY CONTRACT TERMS West Yost has reviewed and will accept the City’s standard terms and conditions. West Yost can complete the Scope of Work without reservation or qualification SUBCONTRACTORS Crawford & Associates
SIGNING AUTHORITY Kelye McKinney, as Principal-in-Charge, has the authority to bind the firm.

Our construction management team understands the issues that will be faced on this project as we have faced them before, and we have reviewed the plans, attended the pre-proposal meeting, and walked the site to identify the challenges this project entails. We will apply lessons learned from previous projects and will adapt to meet the unique needs of this project. We are confident that we have the right experience, tools, and attitude to manage any challenge presented. Some of the benefits and values of choosing the West Yost team include:

Committed and Proven Construction Management Team. Project/Construction Manager (PM/CM). J.P. Davis will be your primary point of contact and will lead the project team. J.P. has experience in civil engineering, project management, and construction management and inspection (CM&I) for large capital improvement projects focusing on water and wastewater infrastructure. He will be supported by construction manager, Ted Doty. Ted brings decades of experience working as a contractor on wastewater facility rehabilitation projects requiring bypassing and maintaining daily operations during construction. Deputy Construction Manager, Michaella Pietrobono will assist Ted with day-to-day CM oversight. The construction inspectors available to work on this project are Jesse Shah and Rick Davis. Jesse has 18 years of experience providing special inspection and testing services and Rick has more than

A PROPOSAL TRANSMITTAL LETTER
97 Bernard Corrales
September 17, 2024
RE: Response to Request for Proposal for West Sacramento - Construction Management and Inspection Services for South Sewer Pump Station Rehab Project | 24-048-RFP
City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 2 40 years of experience in the construction industry and is ACI certified. Amy Rangel will provide support during all facets of the CM&I process. David Garrison will provide public outreach and engagement support. Crawford & Associates, Inc. has a local facility and will provide materials testing & special inspection services for the project.

Communication with Your Staff. We’ve learned from other wastewater infrastructure modification projects that integration and communication with the City’s management and operations staff will be the key to successfully maintaining day-to-day operations while modifying existing components and integrating the new infrastructure. This project will involve an extended period of bypassing that will require close coordination with the general contractor (GC) and City operations & maintenance (O&M) personnel.

To successfully facilitate this effort, we will coordinate a project team meeting to discuss the GC’s step-by-step bypass plan, addressing safety, sequencing, maintenance, emergency contact information, materials on-hand, etc. for review and approval by the City PM and O&M staff prior to implementing the bypass.

Local Presence and Accessibility to the City and Project. West Yost has extensive Sacramento County experience, and our Sacramento office is within 30 minutes of the project site. Our materials testing subconsultant partner, Crawford & Associates, Inc., is a Northern California based firm with their main offices in Sacramento. This assures that a team member will always be accessible to City staff and close to the project site to serve as a first responder and for short-notice assignments.

No Surprises. West Yost understands that unanticipated project challenges can derail the best planning efforts. Our team of experts will focus on ensuring your project is completed in compliance with the contract documents and will work hard to minimize unforeseen project-related impacts on the City and the public. Our team provides value by creating efficiencies based on our many years of successful experience including:
■ Construction management and inspection staff comprised of licensed professional engineers, construction managers, and certified special inspectors to get things done right the first time. ■ We are experts at contract administration and document control/project management information systems. Construction Administrator, Amy Rangel, who is an expert with navigating and administering projects with industry standard document control systems. ■ A team that understands that, as this is a sewer pump station rehabilitation project, maintaining operation during construction activities will be a major stakeholder concern. We bring extensive experience with projects involving bypassing and maintaining process flows during construction, which will be critical in addressing stakeholder needs and delivering a successful project.

We look forward to bringing our expertise and innovative solutions to the South Sewer Pump Station Rehabilitation Project. Please find our detailed proposal outlining our team qualifications, approach and proposed scope attached for your review. We welcome the opportunity to meet with the City to introduce our team and have them personally explain why they are excited about this project.

As the Principal-in-Charge for this project, Kelye McKinney is authorized to bind the Proposer to the provisions of the RFP, and any contract awarded pursuant to it. We welcome the opportunity to meet with the City, introduce our team, and have them personally explain why they are excited about this important project and are best suited for this work. If you have any questions regarding this proposal, please contact J.P. Davis at your convenience.

Sincerely,

WEST YOST
Kelye McKinney, PE J.P. Davis, PE, CCM, QSP
Principal-in-Charge/Authorized Representative Project Manager/Point-of-Contact 916.846.4687 530.400.8781
[email protected] [email protected]
98 City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 3 Organization
Required Information
YEARS IN BUSINESS 34

ORGANIZATIONAL

HISTORY
West Yost is a consulting engineering
firm founded in 1990. Our focus is
exclusively water, including water
supply, water storage and distribution,
water treatment, wastewater treatment
and conveyance, recycled water,
groundwater, and stormwater. We are
experts in providing utility planning,
design, construction management
(CM), program management,
operational technology, cybersecurity,
and resilience services.

CLIENT BASE West Yost’s clients include public
agencies, including Districts, Cities,
Counties, Authorities, Commissions,
etc., and private companies.

TOTAL NUMBER OF

EMPLOYEES
235

RELEVANT

LICENSES,

SPECIALTIES, AND

TRAINING
Our staff includes certified or
registered professionals in CM&I
services, including engineers, certified
construction managers, and certified
special inspectors. Our staff can
also provide chemical, civil, control
systems, electrical, environmental,
and mechanical engineering; geology,
engineering geology, and hydrogeology;
architecture; qualified stormwater
pollution prevention plan preparation;
stormwater management; erosion
and sediment control and hazardous
materials management; GIS; operational
control systems, cybersecurity, and risk
management; asset management; and
project management.

OFFICE LOCATIONS 10 throughout California, Oregon, and
Arizona

OFFICE(S)

PERFORMING
WORK
■ Sacramento
■ Davis
■ Concord
■ Pleasanton
Dedication to Client Service and Quality
West Yost is dedicated to providing exceptional client service and high-quality work products. Our success at meeting client needs is exemplified by our long-term relationships and repeat work. We manage projects proactively and provide timely work products.

B PROPOSER’S MANDATORY QUALIFICATIONS AND EXPERIENCE
Experience
West Yost has performed construction planning services for public agencies in California, including those in the RFP’s Scope of Work for the last 34 years.

City of West Sacramento Project Experience
West Yost and its proposed subconsultants have assisted the City since 1993, including the following projects:

WEST YOST
Water
■ Water Supply Assistance
■ Southport Business Park
Water Storage
■ Port of Sacramento Industrial
Park Water Storage Reservoir
■ Port of Sacramento Industrial
Park Water Storage Tank
Design
■ Carlin Tank and Pump Station
Improvements
■ Water Modeling Assistance
■ Cost Allocation for the Carlin
Water Tank
■ Evaluation of Best
Management Practices
■ Bridgeway Lakes Water
Model Review
■ Southport Water Storage
Tank
■ Bridgeway Lakes II Water
Storage Tank and Pump
Station Engineering Services
During Construction
■ The Rivers Water Storage
Tank
■ Washington District Water
Modeling Services
■ Water Master Plan
■ Water Supply Assistance,
Phases I and II
■ Water System Modeling
■ 2000 Urban Water
Management Plan Update
Wastewater
■ On-Call Collection System
Hydraulic Model
■ Sewer Master Plan
■ Wastewater Outfall Pipeline
Repairs
■ Southport Drainage Master
Plan Update

CRAWFORD & ASSOCIATES
■ City of West Sacramento,
Memorial Park ADA
Upgrades Project CoMET,
West Sacramento
■ City of West Sacramento,
West Sac Corp Yard Modular
Transitional Building, West
Sacramento
Bold blue text above indicates contractual relationships with the City now or within the last five years.
99 City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 13

C TECHNICAL PROJECT APPROACH
In this section of the proposal, we discuss our project understanding and identify the key challenges and
considerations exclusive to this project based on review of the RFP, available 30 percent plans, site reconnaissance, and experience/lessons-learned on similar projects successfully completed by our West Yost construction management team.

Introduction/Project Understanding
In an effort to achieve goals for growth through 2035, the City, in conjunction with the 2015 Sanitary Sewer Master Plan Update, Final Report October 2017, recently adopted the General Plan 2035 Update to ensure their utility infrastructure has the capacity and functionality to serve current and future customers. The South Sewer Pump Station (SSPS) is among the facilities identified for upgrade. The SSPS is located on a private commercial property in an industrial area at the corner of Stone Boulevard and Park Boulevard. The SSPS is also near residential properties to the north and east of the project site. The pump station is located in a small structure requiring access via a minimal capacity elevator. The following are some of the key components of this rehabilitation project based on the plans and information gathered at the pre-proposal meeting:
■ Demo of the existing above-ground structure and subsurface dry pit housing the SSPS
■ Construction of a wetwell approximately 30 feet deep
■ Installation of three (3) two (2) million gallon per day (MGD) capacity submersible pumps
■ Installation of an above-ground discharge header with associated valves and flowmeter instrumentation
■ Installation of a standby generator to ensure continuous operation in the event of a power outage
Key Challenges & Considerations
After review of the RFP, plans, specifications, and attendance at the pre-proposal meeting on August 21, 2024, several key challenges were identified that should be planned for to achieve successful completion of this project. Our CM team has worked on several projects with similar components and the following are some of the key lessons-learned on current and/or recently completed projects that address the following challenges and have proven to be instrumental in delivering project success:
■ Minimize and manage impacts to residents and businesses ■ Open-cut trench pipe installation/Understanding of soil conditions and groundwater control
■ Pump station construction, startup, and commissioning ■ Understanding sewer bypass operation
■ Contractor staging area/”Just in time” delivery
■ Existing trees/utility conflicts
■ Reinforce compliance with Approved Storm Water Pollution Prevention Plan (SWPPP)
■ Enforce aggressive schedule adherence and prioritize
procurement of long lead items
Our CM team has worked on several projects with similar components. Below we delve into the details of the above listed management strategies and lessons-learned from past projects.

Our management to address these key challenges have proven to be instrumental in delivering project success.

MINIMIZE AND MANAGE IMPACTS TO

RESIDENTS AND BUSINESSES
At the onset of the project, we will review the project contract documents and plans. We will focus on the contract requirements for minimizing the impacts to the local
communities, businesses, and residents that will directly interface with the construction. These requirements will be emphasized to the GC at the start of and throughout the duration of the work. We will enforce the following:
■ Safety requirements for barricading and fencing to prevent the public from falling into open excavations or being injured by equipment accessed during off hours.
■ Work hours, both start and end times, that minimize impacts to residents.
■ Trench plating across trenches to provide access to driveways. ■ Trench plating over all open trenches at the end of the workday.
■ Maintaining access through the work zones for emergency responders, solid waste pickup, and deliveries.
■ “Housekeeping” techniques to keep construction dust under control and prevent debris from entering
private property.
■ Traffic control planning such as traffic lane reductions, detours, and temporary road closures.
■ Public outreach is important to keep the public informed and to minimize complaints and disruptions.
■ An understanding of all the permit and environmental
conditions and mitigation measures.

OPEN-CUT TRENCH PIPE INSTALLATION/

UNDERSTANDING OF SOIL CONDITIONS

AND GROUNDWATER CONTROL
Most of the project will consist of open-cut trench pipe installation that could be a safety hazard to civilians around the work area. The following are among the key tasks and issues that should be accounted for:
100
City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 14 ■ Traffic control plans must be designed to meet unique construction means and methods, and the limitations of the work zone.
■ Securing the open trenches and placement of lighting and warning signs is very important to protecting the general public during off-hours.
■ Thorough potholing to confirm the location of existing utilities and tie-ins is essential.
■ It is important to be prepared to address conflicts with existing and unmarked buried utilities.
■ Knowledge and experience with the local soil and
groundwater conditions can avoid many issues.
■ Groundwater control and disposal is critical to making production goals.
■ An approved shoring system for safe entry is crucial. ■ Confirming that the subgrade is firm and unyielding is needed prior to wetwell structure, manholes, and pipe bedding
placement.
■ Means and methods of installation for pipelines and backfill are important to achieving joint integrity.
■ Daily production goals need to meet the schedule, must be tracked, and action taken if the production rate slips. ■ Hydrostatic pressure and visible leak testing approaches and procedures must be thoroughly reviewed, approved,
performed, and witnessed.
■ The use of native slurry backfill is the option most likely to minimize costs and time.
■ Suitable backfill materials, proper placement, and compaction prevent future settlement issues.
■ Existing drainage culverts may be degraded and may require replacement.
■ Roadway restoration work must be coordinated with City and County agencies.

UNDERSTANDING SEWER BYPASS OPERATION
The design & installation of the by-pass system is critical to the project. Our CM team has extensive experience with sewer line bypass pumping support including design, coordination, and oversight during large sewer facility rehabilitation and/or modification projects. For example, the Modesto Headworks project consisted of major upgrades to the primary treatment facility including rerouting of large sewer trunk mains, construction of junction structures, modifications to the influent flumes, and a complete overhaul of the electrical and SCADA infrastructure. JP and Ted worked closely, along with City O&M staff and bypass system subcontractors such as Rain for Rent and Hertz, to implement multiple separate several month-long bypass systems, complete with redundancy, double containment, and emergency notification to complete the work while maintaining daily treatment operations. The following are some of the key factors that should be considered for coordinating bypassing on this project:
■ While solids passing pumps are standard to the industry, the use of chopper pumps are more reliable to reduce ragging up of the system.
■ The current 30% design drawings shows a single pump by-pass set up which does not allow for redundancy of the system. ■ Depending on the project flows anticipated, the installation of two pumps in one manhole could reduce the efficiency of the system. Additional pickup points may be needed or it may require the removal of the manhole cone.
■ The monitoring and float call-out system should be at a different location then the suction lines. This would reduce the chance of floats becoming stuck and not notify of an issue. ■ Daily inspection and maintenance checklist should be required to keep the system running properly.

PUMP STATION CONSTRUCTION,

STARTUP, AND COMMISSIONING
This project includes the construction of a pump station that controls the flow of sewage that must remain operational during this rehabilitation project. The existing facility is below ground, and the intent of this project is to make the pump station easier to access and maintain. Procurement of long lead items, particularly the electrical and instrumentation components, as well as construction and startup of the pump station will be critical to the project. Our team has worked on numerous projects involving rehabilitation of pump stations and brings extensive in-house expertise for the various critical components (structural, mechanical, electrical, instrumentation, etc.) required to successfully construct and startup a new pump station facility. The following are some of the key issues that should be accounted for:
■ Bypass coordination to maintain daily operation of the existing system
■ Coordination of procurement for long lead mechanical & electrical equipment.
■ Piping layout of the two interconnecting systems.
■ SCADA monitoring and integration of the new components into the existing SCADA system.
■ Coordination of tie-ins to existing systems.

CONTRACTOR STAGING AREAS/”JUST
IN TIME” DELIVERY
Due to the limited space at the project site, establishment of a nearby staging area, coordination of deliveries, storage of materials, use of equipment, and spoils stockpiling will be critical to reducing the impact to the neighborhood. Before materials arrive to the site, there needs to be a clear plan of where the materials will be unloaded, what areas will be affected, and how traffic will be detoured to maintain safe & efficient delivery. 101
City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 15

ENFORCE AGGRESSIVE SCHEDULE ADHERENCE AND

PRIORITIZE PROCUREMENT OF LONG LEAD ITEMS
Due to the sewer bypass operation and long lead times
for electrical components, pumps, and standby generator, aggressive schedule adherence and sequencing of work activities will be critical to the success of the project. It is also our understanding that the City requires all long lead items to be procured and delivered to the project site prior to installation of the bypass system and demolition of the existing facility.

To that end, we have created a schedule to layout our vision for project completion. With a CM Notice to Proceed (NTP) of November 2024, we envision working with the Owner &
Engineer to complete the constructability review of the Final Design by February 2025, with a goal of putting the project out to bid by April 2025, and issuing the construction Notice to Proceed (NTP) by June 2025. The contract requires for all work to be completed in approximately 18 months from the construction NTP. With an anticipated construction NTP of June 20, 2025, the project would begin with encroachment permits, miscellaneous material & long lead item submittals, with delivery of long lead items and mobilization on site by the end of March 2026.

Based on these milestones, we will emphasize the importance of prioritizing procurement of long lead items by requiring submittal for these components and materials as soon as the construction NTP is issued. On our most recent pump station projects, we have experienced longer than usual lead times for electrical and PLC parts such as breakers, hardware, and software components. Our approach for expediting submittal and review of these long lead items, recommending alternate manufacturers (e.g., unlisted or-equals approved by the Owner), and allowing for temporary use of substitute materials that allow the system to function until the approved materials are furnished and installed has been instrumental in minimizing these delays to the extent possible and adhering to the tight schedule constraints.

The Just in Time delivery approach is basically what the name implies. Materials for the project are quantified, categorized, and coordinated with a detailed construction schedule to have the materials delivered just in time for installation. This approach is very helpful in reducing staging area requirements, theft, double handling of materials and impacts to traffic. When coordinated correctly, this can be a great asset for the project’s success. Similarly, the removal of material must be appropriately coordinated and scheduled.

EXISTING TREE/UTILITY CONFLICTS
Working on sites with large trees proximity to the construction activities can present challenges. Not only are there concerns about disturbances during the nesting season of March 15 through August 31, the construction equipment, and trenching operations can damage the trees, as well as pose potential worker safety concerns. We will emphasize the importance of having thorough pre-activity meetings with the project team to make sure the contractor has provided a tree protection plan and confirm contractor has a potholing plan and has communicated with the utility companies regarding safety requirements around their utilities. If tree branch and/or root trimming is necessary, we will recommend the contractor hire an arborist to ensure the trees and roots are properly trimmed.

REINFORCE COMPLIANCE WITH APPROVED STORM

WATER POLLUTION PREVENTION PLAN (SWPPP)
There are specific requirements that every project must adhere to with regards to stormwater runoff in order to be compliant with the latest Construction General Permit (CGP) issued by the Environmental Protection Agency (EPA). Typically, the GC is responsible for submitting a storm water pollution prevention plan (SWPPP) and application of the best management practices (BMPs) included in the SWPPP during construction activities.

To supplement this effort, our team includes trained Qualified SWPPP Practitioners (QSPs) that will audit the project site and alignment to make sure pre and post storm reports are regularly submitted, and BMPs such as drain inlet protections, dust control, track out, etc., are being enforced on a regular basis. 102
City of West Sacramento | Sanitary Sewer Master Plan Update, 22-022-RFP | May 12, 2022 16 ID Task
Mode
Task Name Duration Start Finish
1 Pre-Construction Activities 187 days Thu 10/3/24 Fri 6/20/25 2 CM Selection 0 days Thu 10/3/24 Thu 10/3/24
3 CM Contract & Award 25 days Thu 10/3/24 Wed 11/6/24
4 Design Assist & Constructability Review 60 days Thu 11/7/24 Wed 1/29/25 5 Complete Final Bid Set 40 days Thu 1/30/25 Wed 3/26/25 6 Bidding Phase 40 days Thu 3/27/25 Wed 5/21/25
7 Contracts, Bonds & Insurance 22 days Thu 5/22/25 Fri 6/20/25 8 9 Submittals 290 days Fri 6/20/25 Fri 7/31/26
10 Notice to Proceed 0 days Fri 6/20/25 Fri 6/20/25
11 Generator Permit to Construct 40 days Mon 6/23/25 Fri 8/15/25 12 Submit Generator 60 days Mon 8/18/25 Fri 11/7/25
13 Review Generator 40 days Mon 11/10/25 Fri 1/2/26
14 F/D Generator 150 days Mon 1/5/26 Fri 7/31/26
15 Submit Misc. Materials 30 days Mon 6/23/25 Fri 8/1/25 16 Review Misc. Materials 30 days Mon 8/4/25 Fri 9/12/25 17 F/D Misc. Materials 60 days Mon 9/15/25 Fri 12/5/25
18 Submit Pumps/Elect Gear 40 days Mon 6/23/25 Fri 8/15/25 19 Review Pumps/Elect Gear 30 days Mon 8/18/25 Fri 9/26/25 20 F/D Pumps/Elect Gear 120 days Mon 9/29/25 Fri 3/13/26 21 22 Pump Station Site 185 days Mon 3/16/26 Fri 11/27/26 23 Mobilization 5 days Mon 3/16/26 Fri 3/20/26
24 Prep & Install By Pass 15 days Mon 3/23/26 Fri 4/10/26 25 Maintain ByPass 165 days Mon 4/13/26 Fri 11/27/26
26 Site Demo 15 days Mon 4/13/26 Fri 5/1/26
27 Wet Well & U/G Piping 20 days Mon 5/4/26 Fri 5/29/26 28 U/G Elect & Misc. Utilities 20 days Mon 6/1/26 Fri 6/26/26 29 Misc Concrete/Paving/Fencing 20 days Mon 6/29/26 Fri 7/24/26 30 Pumps & Piping 15 days Mon 7/27/26 Fri 8/14/26
31 Coatings 10 days Mon 8/17/26 Fri 8/28/26
32 MCC/PLC & Misc. Electrical 15 days Mon 8/31/26 Fri 9/18/26 33 Generator 10 days Mon 9/21/26 Fri 10/2/26
34 35 Start up & Commissioning 95 days Mon 10/5/26 Fri 2/12/27 36 Elect/Mech Testing 15 days Mon 10/5/26 Fri 10/23/26
37 Pump Start up & Testing 5 days Mon 10/26/26 Fri 10/30/26 38 Pump Station Commissioning 20 days Mon 11/2/26 Fri 11/27/26 39 By Pass Removal 5 days Mon 11/30/26 Fri 12/4/26
40 Demob & Punchlist 20 days Mon 12/7/26 Fri 1/1/27
41 Project Substantial Complete 0 days Fri 1/1/27 Fri 1/1/27 42 Project Closeout 30 days Mon 1/4/27 Fri 2/12/27
43 Project Complete 0 days Fri 2/12/27 Fri 2/12/27
10/3
6/20
1/1
2/12

S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M Half 1, 2025 Half 2, 2025 Half 1, 2026 Half 2, 2026 Half 1, 2027 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress

Page 1 ends

Project: Pump Station Rehab Sc
Date: Thu 9/5/24
Proposed Work Schedule
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City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 17 General Approaches to the
Construction Work
Success in achieving our objectives begins with understanding the requirements, potential issues (risk), expectations of our clients, the GC, the local community, and the interfacing of public or private utilities that could be impacted by the construction work. The concise way of summarizing this is:
be a knowledgeable participant in the project and use that information to lead project participants to achieve success. The table below summarizes the key tasks to our general approach that will allow us achieve successful project completion, followed by a detailed explanation of each of the key tasks.

Success on any Construction Project must include
the following and in this order:

SAFETY
Safety for the general public in and
around the project is of the utmost
importance. Prioritizing safety
leads to no loss-time accidents or
incidents with the construction
crew, City staff, the public or the
CM team.

PROJECT KICK-OFF
The first 100 days sets the culture
of the project going forward. If the
project slips at the star, it is often
difficult to recover – especially for
projects that are less than one year
in duration.

QUALITY

MANAGEMENT
Construct per the plans and
specifications, approved submittals,
and codes and standards. Operate
under the phrase “trust but verify”.

ACCOUNTABILITY
Hold people accountable for
accomplishing action items and for
their decisions.

COMMUNICATION
The effectiveness and amount of
communication is directly related
to achieving the performance
objectives of he previous five
success factors – we must excel at
communication.

DOCUMENTATION
Thorough and complete
documentation is essential in
demonstrating compliance with
the contract and recording actions
that may become valuable to
resolve a dispute during closeout
of the project or when enforcing
warranty issue.

Safety
A culture of safety must be created, reinforced, and insisted upon from the very beginning. Our approach to safety is to inform the GC that they are responsible for conducting the work in accordance with Cal/OSHA and are fully responsible for the safety of the general public interfacing with the project and all personnel that are involved in the project at the jobsite, and that we must embrace the Multi-Employer Work Site safety standards. The concept is best summarized as: “We must look out for each other”.

SAFETY AWARENESS AND KNOWLEDGE
To be effective at being safe and implementing safety measures, it is essential that our team be aware of safety requirements and that they properly use this information in their daily inspections of the work. When each team member is aware of the dangers and the safety measures required to be in place, they can prevent incidences from ever occurring. We will conduct appropriate, bi-weekly safety tailgate meetings with our staff on topics applicable to the type of work being performed on the project. Our weekly Progress Coordination Meetings will start with safety as the first discussion topic. Additional topics will include identifying the GC’s safety tailgate meeting topic, understanding the GC’s safety concerns for the week, discussing any “close call” incidents and presenting any potential issues that may need special attention. Our inspection staff will stop work if they believe imminent danger exists and will immediately notify the foreman and/or supervisor of the issue.

Project Kick-Off
The following goals are included in the kick-off process to get the project off to a strong start.

Goal 1 Meet with City Project Staff
Goal 2 Meet with External Agencies
Goal 3 Meet with Residents and Businesses
Goal 4 Organize a “Partnering” Session
Goal 5 Prepare the Construction Management Work Plan
Goal 6 Conduct the Preconstruction Conference

MEET WITH CITY PROJECT STAFF
Our first goal for project kickoff will be to meet with each of the various City staff with an interest in the projects to define their expectations and to establish roles, responsibilities, methods and amounts of communication desired, decision making/
approval processes, and the level of involvement desired.

This meeting will also clarify the procedures for submittal review, RFI responses, potential change orders, change order approvals, progress payments, and coordinating aspects of the work internal to the City such as labor compliance. Some of the procedures may require the development of flowcharts and written procedures that will be included in a Construction Management Work Plan.

By doing this up front, we gain a thorough understanding of City staff involvement and expectations that can be used in the development of the Construction Management Work Plan and provide an understanding of the CM services needed for 104
City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 18 the project. We will also work to identify all potential project stakeholders, including external agencies.

MEET WITH EXTERNAL AGENCIES
The second goal will be to meet with external agencies that will be interfacing with this project to inform them of the planned work, roadway detours, and methods of ingress and egress through the affected work zones and the timing of work zone transitions from one section of the roadway to the next, and to coordinate utility shutdowns and return of service.

MEET THE RESIDENTS AND BUSINESSES
The third goal will be to walk door-to-door to residents in the area of the pump station modification to identify ourselves and notify residents, business owners/managers, and the neighborhood in the vicinity of the work site (collectively residents) of the work that will be performed on their street. We will provide information as to the how and why of the project, provide project durations, and establish lines of communication between the residents and the construction staff. Our objective is to treat the residents in the vicinity of the construction operation how we would want to be treated. When speaking with the public, we will provide an understanding of what is going to happen, who to contact in the event there are issues, and how long it will take to have issues addressed. We will also increase awareness to the value of these improvements for the City to enhance critical services.

ORGANIZE AN INFORMAL “PARTNERING” SESSION
The fourth goal will be to organize and conduct an informal “partnering” session with the City staff, consultant project team, CM services staff, and the GC (including their major subcontractors and suppliers). These meetings are important to establish a project culture of cooperation and collaboration between the parties.

This initial partnering session will be led by West Yost and will identify the goals of each of the participants, establish perceived challenges of the projects, and identify action items and priorities needed to achieve these goals and to minimize/ eliminate the anticipated challenges.

PREPARE THE CONSTRUCTION

MANAGEMENT WORK PLAN
The fifth goal will be to prepare a Construction Management Work Plan. Completion of the first four subgoals, provides the correct information to prepare the overall work plan for the project. The information and work plans developed in those “meetings and workshops” will be integrated with the standard CM scope of services to create a comprehensive Construction Management Work Plan that will define roles, responsibilities, procedures, timelines, potential risks, public outreach, safety, quality, time, and cost management.

CONDUCT THE PRECONSTRUCTION CONFERENCE
The sixth goal is to conduct the Preconstruction Conference; a very important kick-off to the construction contract with the GC. This conference sets the groundwork for how we will conduct business and administer the contract. The focus will be on establishing lines of communication, mobilizing, temporary facilities, safety, security, authorities and superintendence, early deliverables, labor compliance, notifications, traffic control, and setting up appropriate environmental controls to commence construction.

Quality Management
Construction quality is defined by the project plans and specifications; codes such as American Concrete Institute (ACI), American water Works Association (AWWA), American Society for Testing and Materials (ASTM), American National Standards Institute (ANSI), American Welding Society (AWS), National Electrical Code (NEC), and American Society of Mechanical Engineers (ASME); approved product data and shop drawing submittals, clarifications addressed through RFIs; and executed change orders.

PROJECT SPECIFIC KNOWLEDGE
Familiarization with project requirements allows us to accurately confirm that the GC’s level of project detail is appropriate. A focused effort to fully understand the project components and sequence of construction, prepare an inventory of required administrative and technical submittals, and develop a 90-day schedule that defines the administrative requirements will get the project off to a good start. Administrative requirements include permits, staging plans, and Stormwater Pollution Prevention Plans, among others. This documentation will need to be in place during the mobilization phase of the project. Being prepared sets the tone of the project and establishes that we, as the CM&I providers, know the requirements, are experts in our field, and will provide value-added services.

PRODUCT DATA & TECHNICAL EQUIPMENT

SUBMITTAL KNOWLEDGE
As the submittals are transmitted, reviewed, and processed, it isessential that the inventory prepared at the beginning be updated to accurately reflect what exactly has been submitted and approved and what is yet to be submitted. Having an accurate grasp of the facts can assist the project in avoiding rework or delaying the project.

INSPECTION, NOT OBSERVATION
Our approach to inspection is: We are inspectors and not observers. Inspection confirms that all aspects are being complied with by measuring and testing. Inspection includes confirming proper trench and pavement subgrade preparation with testing, continuous observation to confirm trench subgrade is firm and unyielding, piping is installed per manufacturer’s recommendations, approved trench bedding and pipezone
105
City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 19 materials are placed, and backfill and compaction operations are performed in accordance with the plans and specifications. We require signoffs from our construction inspectors (CIs) on all pipe hydrostatic and disinfection testing. Everything gets confirmed by us and the GC.

Accountability
Accountability is the acknowledgement and assumption of responsibility for actions, decisions, and policies including the administration, governance, and implementation within the scope of the role or employment position and encompassing the obligation to report, explain, and be answerable for resulting consequences. In construction, many participants must be held accountable to meet their obligations and responsibilities. The participants include the GC, subcontractors, and suppliers; the design engineer and their subconsultants and supporting staff; the City’s project consultant team; and us as the CM&I provider and our subconsultants. Everyone has responsibilities to perform correctly and in a timely manner.

BALL-IN-COURT
One of our approaches to holding people accountable is using the Ball-in-Court (BIC) approach. Weekly progress meetings usually address the current issues facing the project. To resolve them or move the issue closer to being resolved, we clarify what is expected and assign a BIC to an individual. At each meeting, we address the action items with those individually responsible to get BICs closed out. This is an effective way to motivate participants and hold them accountable to meet their commitments.

BUILD A COLLABORATIVE WORKING ENVIRONMENT
For any construction project to be completely successful, it is essential that the entire team adopt a collaborative working relationship environment. If teams are divisive or antagonistic toward each other, the relationships become competitive, personal, and often degrades to combative communication or interactions. This can destroy morale and often results in disputes and claims.

When project teams work together to resolve potential disputes while maintaining professionalism, chances for success are greatly enhanced. Accountability can be created in a manner that avoids defensive and combative behavior, supports working toward common goals, achieves a high-quality product, avoids additional costs, and reaches a successful completion.

Another key aspect of building a collaborative working
environment is how we integrate City staff into the project team.

Our approach is always to have a member of the City staff be a member of the project team. This staff member is chosen by the City and will, at a minimum, be involved in daily coordination and weekly progress meetings.

Communication
When project participants gather in a partnering session, the one most often repeated objective they are interested in maintaining or improving is enhanced levels of communication.

When project participants communicate at high levels, the team is viewed as a “high performing” team.

Documentation
Communication comes in many different forms such as
written (emails, submittals, RFIs, memos, minutes, letters, test results, procedures, certificates, etc.), verbal (what was said in meetings or what was agreed to in the field), and non-verbal (body language, promptness, ability to listen). Our approach to managing communication starts with using the web-based Document Control System (DCS), Procore.

West Yost has used Procore on previous projects and our staff are very confident in its use. Project team members J.P. Davis, Ted Doty, and Amy Rangel have become very proficient at the use of this software and are extremely confident they can rapidly bring any unfamiliar users on the team up to speed.

All correspondence related to the administration of the project can be created and/or processed in Procore such as submittals, RFIs, change orders, and daily reports. Reports are also pulled from Procore such as the submittal logs, RFI logs, meeting agendas and minutes, and correspondence logs to use in the weekly Progress Meetings. Below is the main dashboard used on a recent project.

We believe that a DCS, is really a project management tool to keep all participants informed and able to create, review, respond, and track every piece of documentation and other written communication. It has been proven that projects with excellent documentation are more successful at achieving their performance objectives – especially dispute prevention.

A PAPERLESS ENVIRONMENT KEEPS EVERYONE

INFORMED AND MORE PRODUCTIVE
Our experiences using CM software such as Procore, which electronically stores and organizes information and data, provides a real-time file cabinet that allows all parties involved to understand what is under review and what has been
approved. Having this type of comprehensive system that allows the team to operate in a nearly paperless environment promotes a more organized and a better-informed team, which leads to higher productivity.
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City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 20 Detailed Scope of Services
Below is our detailed scope of services and approach to completing that scope. For ease of reviewing, we have
numbered the requested Scope of Service items listed in the RFP and added these numbers in a green box at the beginning of the scope items which match.

Task RFP Scope Items
0 Constructability Review
1 Construction Management and Coordination
2 Materials and Equipment Testing
3 Labor Compliance
4 Construction Inspection
(optional task directed by City)
5 Community Outreach
(optional task directed by City)
0 Constructability Review
West Yost will review the 65. 95, and 100 percent design submittal documents provided by the design engineer to
become familiar with the project, but also look for ambiguities, inconsistencies, and errors in the documents that could result in unnecessary RFIs and excessive change orders after the project is awarded. Design review meetings will be attended as needed.

Deliverables: A complete set of the affected plans and
specifications annotated with notes/comments by the
reviewers.
1 Construction Management and
Coordination
Construction Management Work Plan: West Yost will prepare a contract administration manual that will establish the procedures for administering the construction contract. Content will include processing submittals and RFIs, change management process, approval processes for change orders and progress payments, retention, withholds, certified payrolls, safety management, coordinating work with external agencies, O&M manuals, training, and as-built records.

Deliverable: The Contract Administration Manual one month after the Notice to Proceed (NTP).

PRECONSTRUCTION PHOTOGRAPH

AND VIDEO DOCUMENTATION
The CM and CI will walk the project alignment with the GC during the preconstruction period to photograph and video the existing conditions prior to the start of the construction work. In addition, the construction inspector will monitor and catalog the GC’s video surveys prior to start of construction activities.

Deliverable: Photographs and video recordings of the existing conditions of properties along the routing of the pipeline including private property fences, irrigation systems, utility poles, roadway conditions, and other visible infrastructure.

BID REVIEW, EVALUATIONS, AND

RECOMMENDATIONS
West Yost will assist the City as requested with the bid documents, the bid openings, and evaluation of the bids for completeness, full responsiveness, and price, including alternate prices and unit prices (as applicable). During the bid period, we will support the City’s efforts to manage scheduling, and minimize cost impacts while considering alternative contracting for such elements as the pump station, pipeline, and other long lead components. A formal report will be issued to the City regarding the potential award of the contracts, and we will receive and review the bids, and prepare a bid evaluation and recommendations for the selection of bidders.

Deliverables: Make a formal report to the City regarding the potential award of the contracts, receive the bids, review the bids, and prepare a bid evaluation and recommendations
for the selection of bidders. Administer the contracts to the selected GC in accordance with the grant funding
requirements.

PRECONSTRUCTION SCHEDULING MEETING
The CM team will arrange and conduct the Preconstruction Scheduling Meeting defined in the contract specifications. The meeting agenda and the meeting summary will be prepared by West Yost.

Deliverable: Prepare and issue the meeting agenda and
meeting summary.

SCHEDULE MANAGEMENT
We will review the GC’s baseline CPM schedule and monthly updates to confirm that the schedule meets the contract requirements and is updated each month with correct progress, adjustments, changes, and summaries. If there are challenges/ delays in obtaining an acceptable schedule from the GC, West Yost will recommend an appropriately valued withhold to subsequent progress payments to motivate the GC to corrective action. If the schedule appears to be slipping, a Recovery Schedule will be requested from the GC and the responsible party will be determined. Our scope includes the issuance of the Weekly Statement of Contract Time report that identifies the conditions of each day’s work, weather, and other impacts beyond the control of the GC and any time extensions that were authorized in a change order or resulting from weather impacts.

Deliverable: Prepare and issue the Weekly Statement of
Contract Time. Prepare and issue the review comments to 107
City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 21 the preliminary schedule, baseline schedule, and the monthly schedule updates.

PRECONSTRUCTION CONFERENCE / NTP
The CM will prepare the agenda, conduct the meeting,
and prepare the meeting summary for the preconstruction conference. Open items will be carried over to the first Progress Meeting. The City will prepare the construction contract NTP and issue it to the GC.

Deliverable: Prepare the Preconstruction Conference agenda and meeting minutes.

SITE SAFETY
West Yost will provide safety-related equipment to its project staff. We will conduct biweekly safety meetings with our field staff and report any incidents to the City. We will monitor the safety program and practices of the GC to confirm they are providing a safe work site for our staff members and those of the City. Safety will be the first item on our standing progress meeting agenda. If unsafe acts or potentially unsafe situations are found during inspections or general observations of the work, we will immediately notify the GC to act. Any incidents that occur will be followed up on with the GC after receipt of their incident report. The report will be shared with the City.

Deliverable: Summary of biweekly safety tailgate meetings and any incident report generated by the GC or the CM.

CORRESPONDENCE / DOCUMENT CONTROL
West Yost will be the point of contact for all matters related to the administration of the construction contract with the GC selected for the project. All incoming and outgoing correspondence related to the project will be through the West Yost CM. This includes maintaining the project records in the web-based DCS, Virtual Project Manager, provided by the City.

Deliverable: Preparation of all outgoing correspondence such as letters, memos, submittal reviews, RFI responses, RFPs, change orders, progress payments, etc. that are generated within the web based DCS.

WEEKLY PROGRESS/MONTHLY

CONSTRUCTION MEETINGS
We will prepare agendas and minutes, conduct the weekly progress meetings with the GC, City staff, environmental consultants (if necessary), City staff, and other members of the project team to review overall progress, coordination, and communication related to safety, submittals, RFIs, changes, progress payments, coordination with operations, progress schedules, and quality. If other special meetings are necessary, such as monthly internal project management meetings with the City and Design Engineer, West Yost will prepare agendas, conduct, and collect summaries of the discussions. Open items will be tracked to completion. The meetings will be documented in the City’s preferred document control system.

Deliverable: Prepare the agendas and current logs for the meeting and prepare/issue meeting minutes, logs, and the GC’s look-ahead schedule.

REQUESTS FOR INFORMATION (RFIs)
The CM team will receive all RFIs generated and issued by the construction GC and will be initially reviewed by West Yost then forwarded to the design consultant. Responses by the design consultant will be reviewed for completeness and, if found satisfactory, returned to the GC. If the response appears to have changed the contract scope, quality, or time, a potential change order (PCO) number will be assigned and used to track its resolution to closeout. Logs will be generated and discussed during the weekly change order meetings.

Deliverable: Make final edits to the response which may include information on forthcoming change orders or field directives and update the RFI log weekly.

SUBMITTALS
The CM team will receive all shop drawings, product data, certifications, work plans, schedules, etc. typically required of construction contracts and confirm that they are uploaded in the PMIS by the GC. The submittals that are related to the design shall be forwarded to the City for review and comment. We will input the review comments into the PMIS and formally return the submittal to the GC. Logs will be maintained showing submittals in for review, submittals that have been returned with Amend and Resubmit status, and submittals not yet transmitted by the GC.

Construction-related submittals such as work plans, safety plans, SWPPPs, shoring plans, etc. will be reviewed with the submittal and comments transmitted to the City for their records.

Deliverable: Collate the review comments received by the design engineer and/or plant O&M staff and return to the GC.

Prepare logs of current submittals in review and submittals needing to be resubmitted.

MONTHLY STATUS REPORTS
We will prepare monthly status reports to communicate to the City, and outside agencies (if necessary) the progress of the work. The reporting will predominantly be through job site photos and captions. Additional information will include project issues and tracking of special or contentious items. The monthly report will include information on schedule adherence, cost management, project issues, and the status of the CM contract.

Deliverable: Prepare and issue monthly status reports and present during monthly construction meetings.
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City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 22

PROGRESS PAYMENTS
The CM and CI will review the updated Monthly Progress
Payments, compare the amounts identified by the GC, and either accept the amount requested or negotiate a different amount. A summary document will be prepared and signed off by the West Yost CM and the GC certifying the amount due. The progress payment request will be transmitted to the City for approval, processing, and payment.

Deliverable: Review and approve the GC’s monthly progress payments, CM sign off, and submittal to the City for continued processing, perform labor compliance interviews, confirm receipt of GC’s certified payroll reports, and provide Bid Item Payment Sheets.

AS-BUILT RECORD DRAWINGS
Each month as part of the progress payment approval process, we will review the GC’s record set of as-built drawings and specifications. Notations such as RFI responses, clarifications, and change orders will be checked. The progress payments may be withheld until the record drawings are maintained to an acceptable level. At project closeout, the GC will transmit their as-built record drawings to West Yost. West Yost will review these updated plans and compare them with our version of the as-built conditions. If found to be acceptable, the West Yost CM will formally transmit those documents to the designer for incorporation into the final CAD drawing files.

Deliverable: Weekly updates to the CM’s as-built/conformed set of record drawings and specifications and transmittal of the CM’s and GC’s as-built record drawings to the design engineer at the conclusion of the project.

CHANGE ORDERS
We will create and maintain a PCO log that will be used to track project issues and known changes that have been identified by the GC through RFIs and/or Change Order Requests and by City-initiated changes. Management of the individual PCO will involve preparing a rough order-of-magnitude cost estimate and reviewing/estimating potential time impacts. Each item will be reviewed with the City to obtain their concurrence that the item is valid. If the work is necessary, negotiations will attempt to obtain a fair price for the work. If a fair price cannot be reached, or there is no time to negotiate, we will direct the work to proceed on time & materials via a Field Order/Directive. A final price will be summarized and agreed upon. West Yost will prepare formal change orders per City internal procedures. Once fully agreed the costs will be included in the GC’s schedule of values and West Yost will confirm the correct percent complete by which to authorize payment for each progress payment request submitted by the GC.

Deliverable: PCO Log, RFPs for potential change orders, individual agreed-to change orders for the GC’s and City’s signature, and field directives for change order work that can’t be negotiated in time or can’t obtain an agreed-to lump-sum quote.

DISPUTE/CLAIM RESOLUTIONS
If the attempts to resolve disputes with the GC at the field level are not successful, the CM will lead an informal partnering effort to resolve disputes/claims with the GC. The resolution process will involve a detailed review and summary of the contract wording and presentation to ascertain a fair interpretation of the contract requirements to present to the City. After reviewing findings with the City, a meeting will be held with the GC to present the findings and to hear their position. If there is a dispute with entitlement, the resolution will use an issue escalation process to resolve the matter at higher management levels of West Yost, the City, and the GC. If an equitable agreement still cannot be made, we will direct the GC to follow the guidelines in the front-end documents for filing a claim and then follow the requirements of the contract in resolving disputes in a more formal manner.

Deliverable: Issue summary including the applicable contract language, interpretation, public contract code rules, and a summary of the GC’s position including the cost and time impacts to any dispute or claim situation that may develop.

STARTUP & COMMISSIONING
West Yost will confirm the GC complies with the contract requirements for preparing test plans, procedures, and
adequately plans the work needed to test and startup each individual piece of equipment and system. Weekly startup meetings will be conducted by West Yost to review performance related to actual testing, O&M manual submittal and approvals, training, and issues found during the testing activities. West Yost will track the equipment Training requirements and assist in coordinating/scheduling the training sessions with City staff.

Testing activities will be witnessed by West Yost and when appropriate City O&M staff will be integrated with the activities so that when the operation of the new facilities are transferred to their control it will result in a smooth transition.

Deliverables: Reviews of test plans and procedures, review of the Commissioning Schedule, weekly startup meeting agendas and minutes, and review of test records and logging into the test plans.

PROJECT CLOSEOUT/FINAL COMPLETION
The CM will arrange a final inspection once the construction GC requests Substantial Completion. The inspection will create a final punch list of work items to be completed. The punch list will be transmitted to the GC with the decision on the substantial completion request. The remainder of the contract will be to confirm that the items on the punch list have been addressed and any other remaining deliverables received. 109
City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 23 West Yost will confirm that aspects of the project
administration have been completed, address any outstanding stop notices, lien release waivers have been received, and request that all suppliers and subcontractors come forward if payments for their services have not been made or other payment issues exist so that the release of retention can be made by the City. West Yost will assist the City in closing out the project that includes confirming receipt of all equipment instruction manuals, special warranties, and spare parts as required by the Contract Documents.

West Yost will prepare the final progress payment and prepare any final change order that might be necessary to address open contract items and recommend payment of the retention to the Contractor and filing of the Notice of Completion with the county’s recorder’s office.

Deliverables: Generate final punch list, correspondence recommending Final Acceptance be granted by the City
Council will be written, transmittal of electronic and any hard copies of all equipment instruction manuals, special warranties, and spare parts as required by the Contract Documents, and any processing needed to release the final payment/retention will be made.
2 Materials and Equipment Testing
Crawford & Associates, our materials testing & special
inspection subconsultant, will perform standard materials testing, quality assurance sampling, and testing of soil and concrete placement. We anticipate most of the special
inspections required will consist of pipe trench subgrade and backfill materials, concrete QA & compressive strength testing, and asphalt concrete (AC) compaction testing. West Yost will also provide oversight of equipment testing including pump performance curve, noise, and vibration verification, and instrumentation calibration and commissioning. The tests will comply with contract document requirements.

Deliverable: Test and inspection reports generated by our subconsultant for compaction and concrete quality assurance testing.
3 Labor Compliance
West Yost will confirm receipt of the monthly certified payroll reports (CPRs) submitted by the GC and perform spot checks of the GC’s CPRs to confirm general accuracy and completeness.

We will register the CM services portion of the contract on the California Department of Industrial Relations (DIR) website and will upload our certified payroll records for the prevailing wage inspection positions. We will also monitor the GC’s compliance with uploading their CPRs to the DIR website.

Deliverable: Monthly craft labor interviews, and a document that confirms receipt of the CPRs by the City for Progress Payment processing.
4 Construction Inspection (optional task
directed by City)

QUALITY CONTROL / INSPECTION
We will provide the day-to-day quality assurance inspection of the GC’s performance of the work, on an as-needed basis, as directed by the City. This will include confirming compliance with the contract plans, specs, approved submittals, applicable RFI responses, and approved change orders. If work is observed or tested to be in non-compliance with the contract a verbal notice followed by a Non-Compliance Notice (NCN) will be issued to the GC. If an NCN is issued, a corresponding payment value will be withheld on the monthly progress payment until the issue is satisfactorily resolved. Daily inspection reports will be written and kept in the PMIS software. The reports will contain a summary of the work performed, important discussions, and photos of the work performed. The overall quality requirements of the contract will be emphasized to the GC with pre-activity quality control meetings to review the planned work, contract requirements, submittals, RFIs, and change orders to confirm mutual understanding of the work.

Deliverable: Photo documentation of existing site conditions along the pipeline routes and photo documentation of project progress, response to the GC’s overall QC plan and individual QC plans, concrete testing reports, special inspection reports, on-site CI daily reports, non-compliance notices, stop notices (when appropriate), and a running QC deficiencies report. 5 Community Outreach (optional task
directed by City)
West Yost will provide Public Outreach services for the project, on an as-needed basis and as directed by the City, that will include door-to-door visits and direct U.S. Mail flyers to the area residents to keep them informed of the planned work and duration. We will work closely with the City’s Public Information Officer (PIO) to create and distribute community outreach exhibits to keep the community impacted by the construction activities informed.

Deliverables: Creation and printing of door hangers, develop City newsletter content, direct mail flyers to communicate with the local residents.
110

WE SUPPORT OUR COMMUNITIES

WE ARE WATER FOCUSED

WE TAKE PRIDE IN WHAT WE DO

WE STRIVE TO BECOME OUR BEST
WE DO WHAT’S RIGHT

WE BELIEVE IN QUALITY

WE LISTEN

WE SOLVE CHALLENGING PROBLEMS

WE SEE THE BIGGER PICTURE

WE TAKE OWNERSHIP

WE COLLABORATE

WE HAVE FUN

WE ARE WEST YOST
111
West Yost Associates
CPE24-302 South Sewer Lift Station - CM Services
Expires on 11/19/27

EXHIBIT B
Schedule of Performance
Contract Start Date
November 20, 2024
Contract End Date
November 19, 2027
112
West Yost Associates
CPE24-302 South Sewer Lift Station - CM Services
Expires on 11/19/27

EXHIBIT C
Schedule of Fees
113

CITY OF WEST SACRAMENTO
South Sewer Pump
Station Rehabilitation Project
Construction Management
and Inspection Services
SEPTEMBER 17, 2024

COST PROPOSAL
114
2020 Research Park Drive
Suite 100
Davis, CA 95618
530.756.5905 phone
530.756.5991 fax
westyost.com
1 September 17, 2024
Bernard Corrales
Assistant Engineer
City of West Sacramento
1110 W Capitol Avenue, 1st Floor
West Sacramento, CA 95691
RE: Estimate of Costs for West Sacramento - Construction Management and Inspection Services for South Sewer Pump Station Rehabilitation Project | 24-048-RFP
Dear Bernard:

West Yost is pleased to submit the attached Estimate of Costs for the Construction Management and Inspection (CM&I) Services for the City of West Sacramento (City) South Sewer Pump Station Rehabilitation project (Project) for the City’s review and consideration.

This estimate is based on information provided in the RFP, discussions with you, the potential construction schedule included in the technical proposal, and the level of effort for CM&I services provided on projects of similar size and scope. A summary of the key assumptions used in putting together the estimate are as follows:

Estimated Start Date (CM Services) 11/7/2024
Estimated Procurement Notice to Proceed (NTP) 6/23/2025 Estimated Construction NTP 3/16/2026
Estimated Completion Date 2/12/2027
Duration (Months, After Procurement) 11
Duration – Working Days (WDs) 226
Max Hours (WDs x 8 hr/day) 1,808
Overhead Direct Costs (ODCs) – Vehicle Rate Escalation Estimate based on vehicle usage rate on attached rate sheet Assume 5% rate increase each year
West Yost will perform the Scope of Services described in our proposal, provided under separate cover, on a time-and- expenses basis, at the billing rates set forth in West Yost’s Billing Rate Schedule, attached, with a not-to-exceed budget of $459,828. A contingency budget for unforeseen conditions, overtime, etc. in the amount of $37,656 is also included, however, shall only be accessed in part or as a whole, upon written approval from the City. A breakdown of our fee is provided in the attached detailed fee sheet. We welcome the opportunity to discuss our fee estimate with the City and are open to negotiation if the City feels certain aspects of the scope are not warranted or if other items should be included. Likewise, West Yost is open to discussion regarding the addition, removal, and/or adjustment of each staff member’s percentage of involvement, as the City sees fit. If you have any questions or would like to discuss any aspect of this proposal, please contact J.P. Davis.

Sincerely,

WEST YOST
Kelye McKinney, PE J.P. Davis, PE, CCM, QSP
Principal-in-Charge/Authorized Representative Project Manager/Point-of-Contact 916.846.4687 530.400.8781
[email protected] [email protected]

D COST PROPOSAL
115
Costs
West Yost Associates EM/SM/GM I CM IV CM IV CM II RI_G2 TS I TS I P Hours Fee C&A Sub. Other Total $335 $289 $289 $215 $224 $187 $187 $355 w/ markup Direct Costs PROJECT: South Sewer Pump Station Rehabilitation Project CM&I Kelye JP Ted Michaella Jesse Amy David G. Jeff 6% Task 0 Constructability Review

0.01 Review of 65, 95, and 100 Percent Design Submittal Documents 2 16 24 42 $ 12,230 $ 12,230 Subtotal, Task 0 (hours) 2 16 24 0 0 0 0 0 42
Subtotal, Task 0 ($) $ 670 $ 4,624 $ 6,936 $ 12,230 $ 12,230 Task 1 Construction Management and Coordination

1.01 Construction Management Work Plan 2 2 4 4 8 20 $ 4,760 $ 4,760

1.02 Pre-Construction Photographic and Video Documentation 4 2 6 $ 1,270 $ 1,270

1.03 Bid Review, Evaluations, and Recommendations 2 2 4 $ 1,156 $ 1,156

1.04 Pre-Construction Schedule Meeting 2 2 2 4 10 $ 2,334 $ 2,334

1.05 Schedule Management 2 8 8 18 $ 4,610 $ 4,610

1.06 Pre-Construction Conference/NTP 2 2 2 2 4 12 $ 2,782 $ 2,782

1.07 Site Safety 2 4 2 8 $ 1,700 $ 1,700

1.08 Correspondence/Document Control 4 8 8 60 80 $ 16,408 $ 16,408

1.09 Weekly Progress Meetings 8 20 40 68 $ 14,092 $ 14,092

1.10 Requests for Information (RFIs) 8 25 33 $ 6,395 $ 6,395

1.11 Submittals 8 40 48 $ 9,200 $ 9,200

1.12 Monthly Status Reports 24 24 $ 4,488 $ 4,488

1.13 Progress Payments 12 12 $ 2,244 $ 2,244

1.14 As-Built Record Drawings 12 12 $ 2,580 $ 2,580

1.15 Change Orders 2 4 8 8 22 $ 4,950 $ 4,950

1.16 Dispute/Claim Resolution 4 8 8 20 $ 5,188 $ 5,188

1.17 Startup & Commissioning 4 8 8 20 $ 5,188 $ 5,188

1.18 Project Closeout/Final Completion 2 2 4 8 2 18 $ 4,314 $ 4,314 Subtotal, Task 1 (hours) 4 26 54 102 10 237 0 2 435
Subtotal, Task 1 ($) $ 1,340 $ 7,514 $ 15,606 $ 21,930 $ 2,240 $ 44,319 $ 710 $ 93,659 $ 93,659 Task 2 Materials and Equipment Testing

2.01 Materials Testing & Special Inspection Services 0 $ 35,000 37,100$ $ 37,100 Subtotal, Task 2 (hours) 0 0 0 0 0 0 0 0 0
Subtotal, Task 2 ($) $ 35,000 37,100$ $ 37,100
Task 3 Labor Compliance

3.01 Labor Compliance Support 16 16 $ 2,992 $ 2,992
Subtotal, Task 3 (hours) 0 0 0 0 0 16 0 0 16
Subtotal, Task 3 ($) $ 2,992 $ 2,992 $ 2,992
Task 4 Construction Inspection

4.01 Quality Control/Inspection 1200 1200 268,800 $ $ 268,800 Subtotal, Task 4 (hours) 0 0 0 0 1200 0 0 0 1200
Subtotal, Task 4 ($) $ 268,800 $ 268,800 $ 268,800
Task 5 Community Outreach

5.01 Public Outreach Support (Optional) 24 24 $ 4,488 $ 4,488 Subtotal, Task 5 (hours) 0 0 0 0 0 0 24 0 24
Subtotal, Task 5 ($) $ 4,488 $ 4,488 $ 4,488
Task 6 ODCs

6.01 Vehicle Usage 0 $ 12,000 $ 12,000

6.02 Annual Rate Increase 0 $ 33,047 $ 33,047

6.03 Contingency Budget (Unforeseen Conditions, OT, etc.) 4 8 20 80 40 152 $ 33,168 $ 33,168 Subtotal, Task 6 (hours) 0 4 8 20 80 40 0 0 152
Subtotal, Task 6 ($) $ 1,156 $ 2,312 $ 4,300 $ 17,920 $ 7,480 $ 33,168 $ 45,047 $ 78,215 TOTAL (hours) 6 46 86 122 1,290 293 24 2 1,869
TOTAL ($) $ 2,010 $ 13,294 $ 24,854 $ 26,230 $ 288,960 $ 54,791 $ 4,488 $ 710 $ 415,337 $ 35,000 37,100$ $ 45,047 $ 497,484 Total Optional Task $ 37,656
Total w/o Optional Task $ 459,828
Labor
116
City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 3 West Yost 2024 Billing Rate Schedule
(Effective January 1, 2024 through December 31, 2024)*
Positions Labor Charges (Dollars per Hour)

ENGINEERING
Principal/Vice President $355
Engineer/Scientist/Geologist Manager I / II $335 / $351 Principal Engineer/Scientist/Geologist I / II $302 / $322 Senior Engineer/Scientist/Geologist I / II $272 / $286
Associate Engineer/Scientist/Geologist I / II $226 / $243 Engineer/Scientist/Geologist I / II $176 / $205
Engineering Aide $106
Field Monitoring Services $131
Administrative I / II / III / IV $97 / $121 / $145 / $160

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $349 / $351
Principal Tech Specialist I / II $320 / $331
Senior Tech Specialist I / II $293 / $306
Senior GIS Analyst $265
GIS Analyst $251
Technical Specialist I / II / III / IV $187 / $213 / $239 / $267 Technical Analyst I / II $134 / $160
Technical Analyst Intern $108
Cross-Connection Control Specialist I / II / III / IV $140 / $151 / $170 / $189 CAD Manager $211
CAD Designer I / II $164 / $185

CONSTRUCTION MANAGEMENT
Senior Construction Manager $338
Construction Manager I / II / III / IV $201 / $215 / $228 / $289 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $181 / $201 / $224 / $232 Apprentice Inspector $164
CM Administrative I / II $87 / $118
Field Services $232
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice.
117
City of West Sacramento | South Sewer Pump Station Rehabilitation Project CM&I Services, 24-048-RFP | September 17, 2024 4 West Yost 2024 Billing Rate Schedule (continued)
(Effective January 1, 2024 through December 31, 2024)*
Equipment Charges

EQUIPMENT BILLING RATES
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day $35 / day
Field Vehicles (Groundwater) $1 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Skydio 2+ Drone (2 hour mimimum) $100 / day
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Turbidity Meter (2100Q Portable) $35 / day
Vehicle (Construction Management) $10 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day
* This schedule is updated annually
118

WE SUPPORT OUR COMMUNITIES

WE ARE WATER FOCUSED

WE TAKE PRIDE IN WHAT WE DO

WE STRIVE TO BECOME OUR BEST
WE DO WHAT’S RIGHT

WE BELIEVE IN QUALITY

WE LISTEN

WE SOLVE CHALLENGING PROBLEMS

WE SEE THE BIGGER PICTURE

WE TAKE OWNERSHIP

WE COLLABORATE

WE HAVE FUN

WE ARE WEST YOST
119
West Yost Associates
South Sewer Lift Station Rehabilitation/Replacement Project Expires on 11/19/27

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:

Greg Chung, Vice President of West Yost Associates
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West Yost Associates
CPE24-302 South Sewer Lift Station - CM Services
Expires on 11/19/27

EXHIBIT E

LABOR COMPLIANCE

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

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. 121
West Yost Associates
CPE24-302 CM & Inspection Services South Sewer Lift Station Rehabilitation/Replacement Project Expires on 11/19/27
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.

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 122
West Yost Associates
CPE24-302 South Sewer Lift Station - CM Services
Expires on 11/19/27
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. 123

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2024 ITEM # 9
SUBJECT:

CONSIDERATION OF AWARD OF CONTRACT TO MAXIMUS DEVELOPMENT INC. FOR

THE CONSTRUCTION AND RENOVATION OF THE HOMELESS EMERGENCY HOUSING FACILITY IMPROVEMENTS PROJECT (CIP 51047)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Timothy Spinelli, Senior Project Manager
Capital Projects Department
Raul Huerta, Housing Manager
Economic Development and Housing 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 contract award to Maximus Development Inc. for the repair and renovation of the former El Tejon and Pick Wick motels for homeless emergency housing.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that Homeless Emergency Housing Facility Improvements Project (CIP 51047) is exempt from review under California Environmental Quality Act (CEQA) pursuant to the Class 1 (Existing Facilities) Categorical Exemption under California Code of Regulations, Title 14, Division 6 Chapter 3 (“CEQA Guidelines”), Section 15301 and find that the determination represents the independent judgement of the City;
2) Award a construction contract to Maximus Development Inc. for the Homeless Emergency Housing Facility Improvements Project, which includes construction and renovation of the former El Tejon and Pick Wick motels;
3) Authorize the City Manager, or his designee, to execute a contract with Maximus Development Inc. in an amount not to exceed $544,000;
4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, including time extensions, to the contract with Maximus Development Inc. with the approval from the City Attorney;
5) Authorize the City Manager, or his designee, to execute contract amendments up to 30% ($163,200) of the value of the contract; and
6) Approve Resolution 24-125 appropriating BHBH grant funds received from Yolo County to this project.

BACKGROUND
On April 10, 2024, the City Council approved the purchase of the former El Tejon and Pick Wick motels, located at 1821 West Capitol Avenue and 1809 West Capitol Avenue, respectively, to expand the City’s homeless emergency housing options. The City closed escrow on both properties in August 2024.

These two sites will also assist in transitioning participants from two other homeless emergency housing program locations, the former Rodeway Inn and Flamingo Motel, which are scheduled to terminate in December 2025 and mid-2026. These homeless emergency housing programs provide non-congregate interim housing to unhoused individuals with the goal of transitioning participants into permanent housing. Program participants also receive case management and other supportive services to help prepare them for this transition.

Both motel sites will require varying levels of rehabilitation to be ready for occupancy by program participants.

To support the necessary rehabilitation work and future program operations, the City was awarded $2.6 million in State Behavioral Health Bridge Housing (BHBH) Program funds by Yolo County, of which $380,000 is specifically designated for repairs. Additionally, the City Council authorized an allocation of $482,660 in local Community Development Block Grant (CDBG) funds to support needed repairs at both motel sites. The repair work will help ensure that program participants are placed in units that meet minimum health and safety requirements, reducing the likelihood of future unexpected repairs. 124
Homeless Emergency Housing Facility Improvement Project (CIP 51047) November 20, 2024

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West Sacramento City CouncilNovember 20, 2024

West Sacramento City Council
November 20, 2024