West Sacramento City Council
July 16, 2025

City of West Sacramento
History Summary Report
Run Date: 4/24/2025 8:58:44 AM

421
5245 Rents/Leases-Equipment 149,957.00 60,350.00 350.00 350.00 3,000.00 0.00 5251 Office Expense 350.00 350.00 350.00 350.00 500.00 0.00 5253 Educational Materials/Supplies 500.00 500.00 500.00 500.00 500.00 0.00 5255 Vehicle Expenses 64,424.90 75,443.00 45,867.52 26,143.00 49,000.00 130,000.00 5256 Memberships/Dues 1,025.00 3,025.00 3,025.00 3,025.00 2,000.00 2,000.00 5257 Software Maintenance 13,500.00 13,000.00 0.00 0.00 0.00 0.00 5258 Training/Travel/Meals 15,858.00 15,858.00 11,250.00 11,250.00 6,250.00 7,800.00 5259 Special Departmental Expense 1,970.00 2,565.00 2,600.00 10,600.00 10,000.00 5,000.00 5260 Legal Fees 500.00 500.00 1,000.00 2,000.00 5,000.00 0.00 5261 Professional Services 18,191.21 1,000.00 3,725.00 44,225.00 10,000.00 20,000.00 Operations & Maintenance Total:: 738,242.11 554,391.00 622,554.22 536,118.00 438,874.00 613,546.00 5310 Contribution to Other Agencies 13,895.00 10,900.00 4,850.00 4,850.00 5,000.00 10,000.00 5330 Taxes/Assessments 4,975.00 4,878.00 4,575.00 4,575.00 4,500.00 4,500.00 Non Operating Total:: 18,870.00 15,778.00 9,425.00 9,425.00 9,500.00 14,500.00 5572 Equipment-Vehicles 115,500.00 0.00 0.00 0.00 0.00 42,125.00 5574 Equip-Computer/Software >$5000 0.00 0.00 0.00 0.00 157,202.00 5,000.00 5575 Equip-Other (4,624.00) 785,000.00 42,318.78 245,000.00 140,000.00 400,000.00 Capital Outlay Total:: 110,876.00 785,000.00 42,318.78 245,000.00 297,202.00 447,125.00 5930 Depreciation 18,000.00 18,000.00 18,000.00 18,000.00 17,955.00 17,955.00 5950 Transfer Out 0.00 70,000.00 0.00 792,360.00 1,090,912.00 1,066,510.88 5991 Transfer Out-Gen Supp Alloc 1,440,282.61 970,114.48 889,648.49 0.00 0.00 0.00 Administrative Charges Total:: 1,458,282.61 1,058,114.48 907,648.49 810,360.00 1,108,867.00 1,084,465.88 Sewer Collection Total: : 4,047,466.06 3,995,297.31 3,136,196.74 3,013,410.75 3,253,890.99 3,499,701.88

City of West Sacramento
History Summary Report
Run Date: 4/24/2025 8:58:44 AM

422
Sewer Operating Fund Total:: 4,047,466.06 4,047,466.06 4,047,466.06 4,047,466.06 4,047,466.06 4,047,466.06 Grand Totals: 4,047,466.06 3,995,297.31 3,136,196.74 3,013,410.75 3,253,890.99 3,499,701.88

City of West Sacramento
History Summary Report
Run Date: 4/24/2025 8:58:44 AM

423
Appendix F
2024 SEWER MASTER PLAN
https://www.cityofwestsacramento.org/home/
showpublisheddocument/20425/638816066687470000 424

SEWER MASTER

PLAN UPDATE
October 4, 2024

CITY OF WES T SA CR A M E N T O
BV PROJECT NO. 413644 Revision 1: December 9, 2024
425

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 16, 2025 ITEM # 11
SUBJECT:

CONSIDERATION OF AWARD OF A PROFESSIONAL SERVICES CONTRACT TO NN ENGINEERING, INC. FOR PREPARATION OF THE BICYCLE, PEDESTRIAN, AND TRAILS MASTE PLAN UPDATE (CIP 61006) AND ADOPTION OF RESOLUTION 25-79

APPROVING RELATED BUDGET ADJUSTMENTS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Steven Rosen, Associate Transportation Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information for it to approve the award of a professional services contract for the detailed planning, design, outreach, and administrative support of the Bicycle, Pedestrian, and Trails Master Plan Update (CIP 61006).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Award a contract for professional services with NN Engineering, Inc. for the preparation of the 2035 Bicycle, Pedestrian, and Trails Master Plan Update;
2) Authorize the City Manager, or their designee, to execute a professional services contract with NN Engineering, Inc. in the amount of $288,340 for the Bicycle, Pedestrian, and Trails Master Plan Update; 3) Authorize the City Manager, or their designee, to make contract amendments up to $28,834; 4) Approve Resolution 25-79 authorizing the transfer of $28,834 from the Traffic Improvement Fund to support the unexpected contingencies that may arise in the preparation of the Bicycle, Pedestrian, and Trails Master Plan Update;
5) Authorize the City Manager or their designee to execute non-substantive changes and modifications, with approval from the City Attorney; and
6) Authorize the City Manager or their designee to extend the contract term and adjust compensation, within the limits of the Council-approved budget.

BACKGROUND
Through the Fiscal Year 2024/25 California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant Program, the City was awarded $309,855, with a commitment of $40,145 of local matching funds, to update its Bicycle, Pedestrian, and Trails Master Plan (“the Project”).

The City of West Sacramento’s Bicycle, Pedestrian, and Trails Master Plan (BPTMP) is a comprehensive plan for the development of the City’s active transportation network. Active transportation includes all modes that are human-powered or that supplement human power, such as walking, bicycling, e-biking, wheelchair use, and app-based scooters. The current BPTMP was adopted in 2018 and is based upon analysis completed between 2016 and 2017. Since adoption, the City has built several of the active transportation facilities identified in the plan and has identified new facilities to be added that were not envisioned in 2018, and the City Council approved Resolution 24-32 on May 15, 2024, to update the map and project priority list to reflect the accomplishments.

This comprehensive update to the BPTMP will build on the policies of the 2018 plan. It will incorporate new data that reflects the shift to broad remote work caused by the COVID-19 pandemic, the policies of the General Plan 2035, the Mobility Action Plan, and the coming Vision Zero Action Plan. It will include engagement based on equity principles that were not yet at the forefront of transportation planning when the City prepared the current plan. It will incorporate Age-Friendly policies and plan for new small transportation innovations like lowspeed/neighborhood electric vehicles (NEVs). 426
Professional Services Contract for the Bicycle, Pedestrian, and Trails Master Plan Update July 16, 2025

The planning program will include an existing conditions assessment, data analysis, community engagement, meetings with the TMI Commission and the City employees responsible for implementing the plan, the iteration of draft plans, and review and approval by the City Council. The result will be a plan that will guide the next ten years’ of investment in the active transportation network.

The current BPTMP has been deemed "out-of-date" by federal grant agencies and therefore makes the City less likely to receive futures grants for bicycle, pedestrian and trails facilities. For example, the USDOT denied the City’s application for Reconnecting Communities grant for the Sycamore Trail because the plan calling for the project was over 5 years old. USDOT claimed the plan was not based on “recent community input” on the project.

ANALYSIS
This procurement was handled in accordance with the City’s procurement procedures for professional services.

Award is recommended to the firm offering the most comprehensive overall proposal considering such factors as, qualifications and experience, staffing and project organization, technical approach, proposed schedule, as well as cost and price.

On March 14, 2025, the City issued a formal Request for Proposals (25-009-RFP) via OpenGov, the City’s eProcurement platform. This competitive solicitation was aimed to select a qualified firm to complete the Bicycle, Pedestrian, and Trails Master Plan Update. By the submission deadline of April 14, three (3) responsive proposals were received. The City’s evaluation committee reviewed the proposals based on the evaluation criteria and determined the three firms responsive and responsible, listed below in alphabetical order:

Alta Planning + Design, Inc.
(Portland, OR)
NN Engineering, Inc.
(Chicago, IL)
Transportation Design Group, LLP
(Silver Spring, MD)
On April 30, the evaluation panel held interviews. The panel interviews began with presentations to demonstrate the firms’ understanding of City’s requirements. The firms’ project managers and key team members had an opportunity to present each team’s qualifications and respond to the evaluation committee’s questions. The panel asked each firm questions about its ability to achieve the City’s goals for the project, its capacity to complete the tasks on-schedule, and its experience.

After considering the responses to the questions asked during the interviews, the evaluation committee reviewed the preliminary ranking and adjusted individual scores. The evaluation panel unanimously identified NN Engineering, Inc. as the most qualified firm recommended for consideration of award.

The City and NN Engineering, Inc. negotiated the scope of work and cost proposal, as detailed in Attachment 1.

Environmental Considerations
This action is not a "project" for the purposes of the California Environmental Quality Act, Public Resources Code section 21000 et seq. ("CEQA"), because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment and, therefore, pursuant to Public Resources Code section 21065 and CEQA Guidelines sections 15060(c) and 15378(a), it is not subject to environmental review.

Commission Recommendation
This is an administrative item and does not have new policy implications that would require Transportation, Mobility, and Infrastructure Commission input. As such, this item was not presented to the TMI Commission.

Staff will return to the Commission and Council with updates throughout the development of the BPTMP Update to seek direction on priorities for projects and policies and feedback on the draft plan prior to adoption at a City Council public hearing.

Strategic Plan Integration
This project advances the 2025 Strategic Plan Principles: “Mobility & Connectivity,” in support of providing convenient and sustainable choices for people to get where they are going, “Inclusive & Diverse,” in support of equitable investment and social/environmental justice in the city, and “Core Services & Infrastructure,” in support 427
Professional Services Contract for the Bicycle, Pedestrian, and Trails Master Plan Update July 16, 2025

of sustaining a financially sound city in which everyone feels safe and secure, with quality services and wellmaintained infrastructure.

Alternatives
The Council’s primary alternatives are:

1. City Council may approve the recommended action as stated above.

2. City Council may elect to set forth proposed conditions or modifications to the scope of work proposed by staff.

3. City Council may not elect to approve the contract at this time.

Staff recommends Alternative 1. Staff does not recommend Alternatives 2 or 3, as the current scope of work for development of the plan has been approved by Caltrans, coordinated across departments, and negotiated to establish the rates set forth by the Consultant. Revisions or additional conditions could cause delays to the start of work and risk exceeding the grant deadline. Additionally, the age of the current plan makes the City less competitive for grant funding for planned active transportation projects. As this work is critical to achieving the strategic plan principles and to address mobility, safety, equity, and equality, Alternatives 2 and 3 are not recommended.

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

Budget/Cost Impact
The City was awarded a $309,855 Caltrans Sustainable Transportation Planning Grant, with a commitment of $40,145 local matching funds required. This project, under the name Bike/Ped/Trails Master Plan Update 2025, was appropriated to the FY 2024-25 Capital Improvement Project budget as approved by Council for a total appropriation of $40,145 of Traffic Improvement Funds.

The breakdown of costs to provide the professional consultant services for the BPTMP Update are as follows:

PROJECT COSTS
Negotiated Professional Services Contract with NN Engineering, Inc. (Base Cost) $288,340
10% held for Contingencies $28,834
Estimated Staff and Resources Cost $61,660
Total Project Cost $378,834
Capital Improvement Program Budget for Project $350,000 PROJECT SURPLUS/(DEFICIT) ($28,834)
Based on the information in the above table, there is a shortfall of $28,834, 10% of the contract value, that would be held for contingencies. The risk of contingencies in a planning project is low. As such, staff is recommending City Council adoption of Resolution 25-79 appropriating $28,834 from the Traffic Improvement Fund (Fund 205) to the Bicycle, Pedestrian, and Trails Master Plan Update Project (CIP 61006).

ATTACHMENTS

1. CDD25-168 NN Engineering, Inc Contract for the Bicycle, Pedestrian, and Trails Master Plan Update

2. Resolution 25-79
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Attachment 1
NN Engineering, Inc.

CDD25-168 Bicycle, Pedestrian, and Trails Master Plan Update Expires on 12/31/26
4908-4144-9034.1 007203.543 1 11/4/24

CONTRACT FOR SERVICES
THIS CONTRACT is made on July 18, 2025, by and between the CITY OF WEST SACRAMENTO (“City”), and NN Engineering, Inc (“Consultant”).

WITNESSETH:

WHEREAS, the City desires professional services to update the City’s Bicycle, Pedestrian, and Trails Master Plan, including project management, analysis, public engagement, and plan preparation;
WHEREAS, the Consultant has presented a proposal for such services to the City, dated May 27, 2025, (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 described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit “A” (the “Project”). 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 429
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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 the 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 December 31, 2026.

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

C. The Parties may, by written instrument signed by the Parties , extend the duration of this Contract for up to two (2) additional one-year extensions in the manner provided in Section

5. The City Manager or his or her designee may sign such instruments 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 for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed two hundred eighty-eight thousand four hundred thirty-five dollars ($288,435), 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 an invoice submitted no more often than monthly, billing for work performed since the previous invoice and any due and unpaid amounts. 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 Consultant’s 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 fourteen calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of 430
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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, upon Contractor’s acceptance of the final payment due hereunder, all original materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever.

Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.

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

8. COMPLIANCE WITH ALL LAWS:

A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in 431
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performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.

Consultant shall assist City in providing the same.

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

9. WARRANTIES AND RESPONSIBILITIES - CITY:

A. The City acknowledges and agrees that the Project is a collaboration between the City and Contractor, and that Contractor’s timely performance is, to some extent, dependent upon the City’s timely and professional support.

B. Unless otherwise provided for under this Agreement, the City shall provide information in a timely manner, including any reasonably foreseeable changes to the Project; C. The City shall identify a representative authorized to act on the City’s behalf with respect to the Project. As of the date of execution, the City’s representative is Steven Rosen.

D. The City shall render decisions and approve Contractor’s submittals in a timely manner in order to avoid unreasonable delay in the orderly progress of Contractor’s services; E. The City shall promptly furnish information or materials related to the project as reasonably requested by Contractor. The City shall furnish such information or materials in a commonly readable digital format;
F. The City shall make reasonable efforts to cooperate with Contractor throughout the duration of the project, including but not limited to timely communication, reasonable participation in any meetings with Contractor or any subcontractor thereof, and a respectful regard toward Contractor, any of its subcontractors, and the representatives and agents of same; and G. To the extent the City’s non-compliance with its obligations in this section impacts Contractor’s timely performance or causes Contractor to incur additional costs, Contractor’s schedule of performance and fees shall be equitably adjusted, but in no case shall the fees exceed the fee cap specified in this Agreement, if any.

10. 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. Notwithstanding anything within the full scope of this agreement to the contrary, Consultant shall perform its services consistent with the professional skill and care ordinarily provided by professionals in its industry practicing in the same or similar locality under the same or similar circumstances. Consultant shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.
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B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.

C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably conditioned, delayed, or 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 thirty (30) 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.

11. 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.

12. 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.

13. 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.

14. MATERIALS CONFIDENTIAL:

All of the materials prepared or assembled by Consultant pursuant to performance of this 433
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Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

15. LIABILITY OF CONSULTANT-NEGLIGENCE; CONSEQUENTIAL DAMAGES:

A. Consultant 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.

B. Consultant and the City mutually waive consequential damages, including but not limited to damages for loss of profits, loss of revenues, loss of business and of business opportunities, for claims, disputes or other matters in question arising out of or relating to this Agreement. The City and Consultant agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors, and other entities involved in this Project to carry out the intent of this provision.

16. INDEMNITY AND LITIGATION COSTS:

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

17. 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 434
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specified in this Section. Such insurance must have the approval of the City as to limit, and amount, such approval shall not be unreasonably withheld, 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 additional insured and waiver of subrogation 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 reasonably 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, 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, subject to the policy terms, conditions, and exclusions, 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 by anyone directly 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 aggregate and $2,000,000 products/completed operations aggregates.
b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 and CG 2037 naming the City, its officers, officials, employees, and volunteers as additional insureds. The endorsement shall contain no special limitations on the 435
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scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees, or by anyone directly 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, so long as such endorsements are applicable to commercial automobile insurance coverage (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 and aggregate.

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 nonrenewed unless Consultant’s insurer has provided thirty (30) days prior written notice by mail, to the City, except ten (10) days prior written notice for cancellation due to nonpayment of premium.

E. Any deductibles or self-insured retentions in excess of $25,000 must be declared to, and approved by, the City.

F. The requirement as to types, limits, and the City’s approval of insurance coverage 436
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to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.

17. MISCELLANEOUS PROVISIONS:

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

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

C. This Contract is funded in whole in part through grant funds received under the following grant[s]: Caltrans Sustainable Transportation Planning Grant Program (the “Grant”), the terms of which are incorporated herein. Copies of the Grant 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. These requirements include, but are not necessarily limited to, compliance with the terms set forth in Exhibit “D”.

D. Following its good faith evaluation of the information provided, Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the City and the Client's employees, officers, officials, agents, and consultants. Consultant shall provide prompt written notice to the City if Consultant becomes aware of any error, omission or inconsistency in such services or information.

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:
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City: City of West Sacramento
Community Development Department
Attn to: Steven Rosen
1110 West Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]

Consultant:

NN Engineering, Inc.

Attn to: Jonathan Watts
1525 International Pkwy
Suite 3021
Lake Mary, FL 32746
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.

K. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. 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
NN ENGINEERING, INC.

By: _________________________
Jonathan Watts, Director of Operations
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EXHIBIT A
Consultant Proposal/Scope of Work
440
Technical
Project Approach
C
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West Sacramento is not afraid to swing big. In the 2021 Mobility Action Plan, the City set ambitious climate
action mode-shift goals that requires 30% of all trips
to be made by active modes by 2030, and 40% by 2045.

Those big swings have been followed up by action.

Since the development of the 2018 Bicycle, Pedestrian,
and Trails Master Plan (BPTMP) and other recent plans
such as the Sidewalks Equity and Transportation Program (STEP) Plan, the City has successfully implemented
projects that advance those goals. This BPTMP update
provides an opportunity to build on that momentum
by identifying a clear and implementable vision for
expanding the active transportation network. This vision includes broadening access to the walking, biking,
and trails network across the city as well as expanding how the community can use the network. An ambitious
mode-share split will require exactly that: providing
more people access to a multifunctional network that
serves their varying needs.

Our team understands how the BPTMP update can
meet the current and future needs of a growing West
Sacramento as well as the challenges and assets
throughout the city that impact active transportation:
• Significant highway structures and deep-water
channel that intersect and interrupt the city’s
connectivity and route options, creating safety
challenges for people walking and bicycling
• Incomplete pedestrian network with sidewalks and
controlled crossings lacking in many locations,
particularly in communities that have experienced
historic disinvestment
• 70% of all FSI crashes occur on 3.5% of West
Sacramento streets, with bicyclists and pedestrians
the victims in 42% of the FSI collisions. A significant number of FSI crashes happen near schools, transit,
and parks—key active transportation destinations—
and vehicle-to-pedestrian collisions involving
turning movements were among the most common
collision scenarios.
• Multimodal transportation network with continually
improving on- and off-street bike facilities and transit service, both with local and regional connections
• Engaged and active community
• Opportunities to expand the bicycle, pedestrian,
and trail network through conscious future
development and redevelopment
At the core of NN Engineering’s ethos is a belief that
everyone should have access to safe and convenient
mobility options. We believe in a future for West
Sacramento where parents feel confident in their
children’s walks to school, older adults feel comfortable riding bikes in their neighborhood, and transit riders
can conveniently access bus stops. To ensure this
future for the city, our team will assess network gaps
and needs through a lens that considers all ages and
abilities and identifies opportunities for supporting
transportation and recreational needs. Our team will
also consider how the active transportation network
might serve those choosing alternatives beyond walking
and biking and expand the network’s function to include neighborhood electric vehicles (NEVs) and low-speed
vehicles (LSVs), personal and shared scooters, mobility devices, skateboarding, adaptive bicycles, and other
emerging innovative personal mobility technology. We
will collaborate with the community and the City of West Sacramento to make sure recommendations prioritize
and comfortably support a broadened definition
of active transportation users and network function.

Technical Approach

PROJECT UNDERSTANDING & APPROACH
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Our team is one you know well and have partnered with
on projects that have set key precedents for the BPTMP
update, including STEP, CSAP, and Safe and Healthy
Routes to School. NN Engineering brings national
expertise in helping people move safely, efficiently, and sustainably as well as a proven track record for developing plans for West Sacramento that are actionable and
implementable. Our partner, Civic Thread, has deep roots in the West Sacramento community and continually
demonstrates a commitment to inclusive and conscious
engagement. The iterative community engagement
processes our team used in West Sacramento on STEP
and the CSAP set the bar for meaningfully including the community in planning efforts that impact them.

Our team’s familiarity with West Sacramento gives us a
deep understanding of existing conditions, including the City’s collision history, Vision Zero goals, sidewalk network needs and constraints, proven safety countermeasures,
and available funding mechanisms. This knowledge
(and data sets on hand) enables us to move quicker into developing solutions and actions for the community
than other teams. We will leverage this knowledge and
experience to create an implementable list of projects
for the BPTMP with the community and decision-makers,
including quick wins that can have big impacts as well
as BPT network and policy recommendations that will
provide the foundation for long-lasting change in safe and sustainable active transportation patterns—helping the
City reach its 30% active transportation trip goals.

PROJECT MANAGEMENT
NN Engineering’s approach to project management is
simple. We select our most experienced staff to lead our projects, form teams that align staff experience with
project needs, and deliver the highest quality products to our clients. For larger projects such as this one, we assign a deputy project manager (Alexandra Weber)
to be actively involved with project logistics and assist Project Manager Jolene Holland brings key local insights, having served as deputy project manager on STEP and CSAP, as well as experience working with communities on safetyfocused projects across the country (left, pictured engaging the public for Oklahoma City’s Vision Zero Action Plan). the project manager (Jolene Holland) with day-to-day
management. Along with assigning a principal-in-charge
(Tracy McMillan PhD, MPH), we ensure multiple areas of
project oversight so that relevant senior staff as well as junior staff are assigned to appropriate tasks to control costs and schedule and maintain quality results. We use Microsoft Office 365 programs for project management;
file-sharing between internal and external team
members will be accomplished through SharePoint,
Microsoft’s cloud-based file management program.

PROJECT MANAGEMENT PLAN
NN Engineering will draft a project management plan
(PMP) for the City project management team’s review
following the project kickoff meeting. The PMP will serve as a living document and a single point-of-reference for all key aspects of the plan. Contents will include a final budget by task and team lead, roles, responsibilities and contact information for all project team partners, task status, and a section to document key decisions made,
including any agreed-upon shifts in scope if necessary.

The PMP will also include a Gannt chart of the project
schedule, which will show start and end dates for each
task and associated activities and deliverables, duration, and relationship amongst tasks, helping to highlight
critical path items and float time. Deliverables will
be noted as activities within a task, with the duration reflecting the review cycles noted in the scope of work:
at least one week of review by the City and at least
two weeks of review by other key study participants/
stakeholders for all key deliverables. All project
deliverables will be provided in the appropriate electronic format (whether as text, spreadsheets, photos, etc.) in addition to PDF and uploaded to the City’s Sharepoint.

PROJECT MANAGEMENT MEETINGS
NN Engineering and the City’s project manager will hold biweekly monthly project management meetings to
ensure the project is moving along on time and on
budget. We will use these meetings to discuss current
and upcoming work and any outstanding and emerging
issues. Approximately 36 18 project team meetings are
anticipated throughout the contract. Project Manager
Jolene Holland and Deputy Project Manager Alexandra
Weber will be present at these meetings. Civic Thread
will attend approximately half the biweekly monthly
meetings to discuss engagement planning. Additional
team members will attend as needed to discuss project
work. The time for these meetings is distributed
proportionately across the six tasks based on the
project schedule (p. 23).

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Scope of Work
Task 1: Existing Conditions
NN Engineering will review background data and
planning documents to summarize existing mobility
conditions, deficiencies across all modes, and key
demographic and economic factors. This information
will provide the foundation of the BPTMP.

1.1 Kickoff Meeting
NN Engineering will schedule a project kickoff between
West Sacramento staff and the project team to review
project goals, expectations, key issues, communication
protocols, and data needs. The meeting will also
finalize the project scope, schedule, and public outreach strategies. The key objectives of the kickoff meeting
include the following:
• Meet project staff and stakeholders
• Discuss the project, including objectives, priorities, expectations, local issues, sensitivities, and
identifying potential challenges and opportunities
• Refine the project scope, schedule, and approach
• Review ideas for public outreach and engagement,
including methods and schedules in tandem with our
subconsultant, Civic Thread
• Identify and obtain relevant data needs for the project Within 14 calendar days of the notice to proceed, we
will develop the PMP that outlines team roles, project
milestones, communication channels, and initial datagathering responsibilities. The PMP will be reviewed and approved by West Sacramento staff.

1.2 Plan and Policy Review
The focus of the plan and policy review will be to identify existing or proposed policies and programs and determine how they align with and/or can support the goals of the West Sacramento BPTMP and how the BPTMP can support
their goals.

The following documents will be reviewed as part of
this process (as applicable and provided by the City or available online):
• Relevant City planning documents
– 2018 BPTMP
– General Plan
– Mobility Action Plan
– STEP
– CSAP/VZAP deliverables in progress
– Capital Improvement Program (CIP)
– Safe Routes to School plans
– Age-friendly city plans
– Emergency preparedness information (City
of West Sacramento and Yolo County)
– Future planned greenfield and in-fill community
development projects
– City codes and standards directly related to or that
may impact bicycle, pedestrian, and low-speed
vehicle travel, such as bike parking guidelines or
standards and sidewalk standards.
– Fiscal policy and funding opportunities, building
on the review of local measures and taxes
conducted as part of STEP
• Other relevant planning documents
– SACOG Blueprint and Regional Trails Plan
– CTC guidelines on the mandatory elements of
an Active Transportation Plan and expectations
for competitive grant applications
– Delta Conservancy Trails Plan
– Caltrans District 3 Bicycle Plan
– Caltrans District 3 Pedestrian Plan
– California Active Transportation Plan
– California Strategic Highway Safety Plan
– Transit planning documents from Yolobus
and SacRT
– Legislative and market detail on the definition,
regulation, and implementation of NEVs/LSVs
In order to understand how the built environment is
already scheduled to change during the planning period, we will also review recent construction projects that may impact active transportation within and to/from West
Sacramento.

1.3 Current Active Transportation Network
Conditions Analysis
Because of our previous planning work with the City
over the past three years, NN Engineering has a
significant baseline of West Sacramento spatial data
already processed and analyzed, which will help to
expedite this overall analysis. For example, we are
currently conducting the VZAP project and have already
mapped the historical and risk-based collision data,
community input on traffic safety conditions and
high-injury locations. The VZAP identifies excessive
speed as a primary collision factor; therefore, the
speed survey data is a critical piece to incorporate
into the analysis. While we have the original speed
study data on hand from that project, we will gather
any more recent data from the West Sacramento Police
Department to identify locations where high speeds are
particularly hazardous to cyclists and pedestrians and
where speed-reduction measures may be needed to
improve safety (some of these locations are already be
identified in the VZAP).

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While the NN Engineering team already has the
previously mentioned data, four new datasets will be
gathered or incorporated as part of this project:
• Previously unmapped walkways and bikeways or
potential walkways/bikeways: We will leverage
emerging crowd-sourced technology, such as
STRAVA cycling and running data, and community
mapping input via online mapping surveys and public
engagement events to identify unmapped pathways.

We will also examine city land use and parcel
maps to investigate the opportunities for formal
or informal paths or paseos in existing or planned
developments that can increase connectivity for
active transportation.
• Crossing gap analysis: We will gather data on the
sufficiency of street crossings (quality and distance)
on the transportation network to identify potential
locations of improvement in connectivity and safety.
• Bike parking inventory: To help support the City’s
goal of achieving Gold Bike Friendly Community
status and to meet a CTC ATP requirement for active
transportation plans, we will conduct an inventory
of bike parking facilities in West Sacramento. This
inventory will be complemented by a review of the
city’s bike parking policies, codes, and standards.

For the inventory, we propose developing a list of key
destinations and land-use types with the City where
bike parking should be expected and conducting the
inventory through GIS surveying on smart phones.
• Current city and county disaster evacuation routes
and refuges.

The revised active transportation route maps and
related analyses will be vetted with City staff, advisory groups, and the community through public engagement
activities. These tasks will provide a comprehensive
understanding of the current active transportation
network and infrastructure in West Sacramento.

1.4 User Analysis
NN Engineering will utilize data from various sources,
such as the American Community Survey (ACS) 5-year
estimates, Replica, Strava, Longitudinal EmployerHousehold Dynamics (LEHD), and the community survey and small group interviews, to provide a detailed understanding of the population’s characteristics
and movements, focusing on areas and population
groups with high potential for cycling and pedestrian
infrastructure improvements. The analysis will focus
on key indicators of cycling and walking, such as travel patterns by trip purpose (e.g., school, work, shopping), travel mode choices, and demographic factors,
to identify where infrastructure and programming
improvements could best benefit existing walkers and
bikers as well as attract new riders to the network.

1.5 Existing Conditions Report
NN Engineering will synthesize all findings into a brief summary that will provide the basis for the Task 2 analysis.

1.6 Invoicing
NN Engineering will submit monthly invoices and
progress reports to the City. Invoices will include
a summary of project budget activity-to-date and
show costs against each major task and/or subtask
as appropriate, including for our project partner ,Civic Thread, while progress reports will include the status of work and budget by task: significant accomplishments,
problems encountered and potential solutions, decisions to be made by the City, schedule updates, and work
planned for the next month (by task and responsible
party). NN Engineering will confirm the format of both
items with the City prior to the first monthly submission.

Task 1 Deliverables:
‡ Gannt schedule
‡ PMP
‡ Data request sheet
‡ Monthly invoices and progress reports
‡ Summary of existing conditions
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Task 2: Analysis
Using the data, document review, and input gathered
in Task 1 and Phase 1 of public and advisory group
engagement, NN Engineering will conduct an analysis
that identifies a plan for active transportation
improvements across the city, including but not limited to programs and projects that improve mobility,
connectivity, and safety for historically disadvantaged and transportation-challenged communities.

2.1 Network Gaps and Opportunities Analysis
We will begin with the user analysis from Task 1 to
identify needs, desires, opportunities, and areas of
focus, such as Safe Routes to School zones, age-friendly zones, transit/mobility hubs, and disadvantaged
communities (within and outside of historically
disadvantaged areas). This analysis will take into
account the variables that are typically used for grant applications to show need.

Next, we will use the spatial analysis from Task 1 to
identify gaps in the active transportation network (bike, pedestrian, trail) and opportunities for improved onstreet and off-street connections. This may include the identification of the following:
• Low-stress, all-ages-and-abilities bicycle network
in the city (on- and off-road), including slow streets/ closed streets except for local access candidates
and off-road routes for gravel riding.
• Opportunities to shorten travel distance for
pedestrians through informal paths or paseos
(public easement, future development, etc.) and
improved mid-block and trail crossings. This would
be particularly important in the communities south
of the Sacramento Deep Water Ship Channel, where
the street network is less dense and crossing
opportunities of major corridors such as Jefferson
Boulevard are more limited.
• Traffic and public safety elements such as crossings, lighting, wayfinding, and modal mix and speeds
across the on and off-street network, particularly
with the increased use or potential use of NEVs/
LSVs. For example, consciousness toward where
design improvements are needed to address greater
speed differentials and the legibility of the off-street network’s intersection points with the on-street
network can help to increase traffic safety, access,
and community awareness.

Finally, the Task 1 policy and plan analysis and engagement in Task 3 will highlight progress toward and/or barriers to previously stated active-transportation related goals and project development, including consideration of
the changing landscape of small, personally operated
motor-boosted mobility devices and potential policy and design changes that may be necessary. This analysis
will inform the discussion of the goals of this BPTMP
with the advisory group and community.

2.2 Project Identification and Prioritization
Based on the analysis of needs, gaps, desires,
opportunities and goals, NN Engineering will identify
potential projects, programs, and policies focused on
improving active transportation in West Sacramento.

Informed by the internal and community advisory
committees and community feedback, we will develop
a prioritization process to determine an implementable
list of strategies for improving active transportation.

The prioritization process will be informed by processes used in previous projects (e.g., STEP, VZAP, and Mobility Action Plan) to provide consistency in measures used
for prioritizing City activities, but it will also reflect the unique goals of the BPTMP. The prioritization process
will also take into account metrics that are important
for various funding sources, such as measures of
disadvantaged communities and community input in
the planning processes. The prioritization process will differentiate between strategy types, such as projects, programs, and policies in scoring.

2.3 Strategies for Improving Active
Transportation
NN Engineering will summarize the implementable
strategies in a table that includes but is not limited to details on the strategy, type, proposed timeline/phase
of implementation, order of magnitude costs, potential
public and private funding sources, such as local
funding measures and programs and regional, state
and federal discretionary grant programs, and lead and
supporting “actors” for implementation. NN Engineering
prepared a detailed review of local, regional, state and federal funding measures for STEP and will use that as
a starting point for funding considerations. Community
input will be sought during Phase 2 of engagement on
the details of prioritized, implementable strategies
(described in Task 3). Up to five (5) projects/programs will be developed further and highlighted in the final
plan, as described in Task 5.

Task 2 Deliverables:
‡ Summary of analysis and walkway/bikeway GIS data
‡ Prioritization process summary
‡ Table of implementable strategies
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Task 3: Public Engagement
Engaging with communities who have been systematically
excluded from planning processes is critical to gathering meaningful and accurate feedback. To ensure the
West Sacramento BPTMP Update is led by community
values and based on broad and equitable listening
and engagement, Civic Thread will lean on their 24
years of experience empowering disadvantaged and
underrepresented communities to enact creative,
robust, and successful public engagement. We will
center equity within this process through emphasizing
language justice and accessibility and prioritizing
engagement with residents of color, Russian and
Spanish speakers, youth, and older adults living in
low-income communities.

A core tenet of our approach is our ability to leverage our extensive relationships with community-based
organizations (CBOs) and local stakeholders, paired
with our experience cultivating effective and innovative partnerships to conduct culturally relevant engagement.

Through our recent community-based projects with
NN Engineering that facilitate community-led planning
and prioritization of institutionally underserved
communities, such as West Sacramento’s STEP and
CSAP, Civic Thread has found that many marginalized
voices are deeply committed and eager to come to the
table to influence built-environment decisions that
will lead to positive outcomes in their communities.

However, some are still reluctant to engage. Therefore, Civic Thread will work with the Health Education Council and Sergey Terebkov, who will act as cultural brokers to reach Spanish and Russian–speaking populations that
are more hesitant to engage.

Engagement will be broken into three phases:

3.1 Community Engagement Plan
The Community Engagement Plan will serve as
the guiding document for engaging hard-to-reach
community members in West Sacramento. The strategy
will include key principles, goals, and project purpose.

Within the strategy, we will have methods for involving subgroups of communities, such as youth, residents who
speak Russian and Spanish, older adults, and residents
with low incomes. The engagement strategy will be
developed in collaboration with the Health Education
Council and Sergey Terebkov.

3.2 Community Advisory Group (CAG)
The involvement of a CAG is an invaluable engagement
method Civic Thread is currently using in the VZAP to
establish continuity and community representation
throughout the project. We recommend using the same
approach for the BPTMP. Civic Thread will convene
a group of community advisors, enabling trusted
community leaders to meet with the project team at key
points throughout the project process. Civic Thread will lead (with support from the City and NN Engineering)
6–8 CAG meetings throughout the project to provide
feedback on draft project deliverables and advise on
engagement strategies. Group structure and meeting
frequency will be determined by the availability of
residents/community partners to participate but will
follow a general structure:
• Session 1: CAG kickoff, discussion of vision, goals,
engagement strategy
• Session 2: Engagement activities/survey planning
• Session 3: Project prioritization framework
PHASE 3
Inform the community about the draft
BPTMP and collect feedback. With the
CAG, conduct final plan review and
share public-comment practices
Pop-up event (1)
CAG Meetings (2)
PHASE 1
Understanding the West Sacramento
community’s existing conditions,
opportunities, and challenges with
the active transportation network
Monolingual small group interviews,
Spanish and Russian (2)
Small group interviews (3)
Pop-up events (2)
CAG Meetings (2)
Survey
19 PHASE 2
Ground-truth feedback received from
Phase 1 and engage on the prioritization
framework and the ideation of bike,
pedestrian, and trail projects
Monolingual small group interviews,
Spanish and Russian (2)
Small group interviews (3)
Interactive workshops (2)
Pop-up events (2)
CAG Meetings (4)
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City of West Sacramento
447
• Session 4: Interactive workshop training (e.g., walk
audit training)
• Session 5: CAG co-hosted interactive community
workshop (task 3.4)
• Session 6: Summary of analysis report out
• Session 7: Draft plan review
• Session 8: Final plan review and public comment
workshop
With support from the cultural brokers, Civic Thread will lead the application and recruitment process to convene the CAG comprised of trusted leaders, residents,
advocates, and CBOs reflective of West Sacramento’s
diverse communities. An application will be developed
in English, Spanish, and Russian (and/or Ukrainian) to
gauge applicants’ community affiliations, ties to West
Sacramento, and motivations for wanting to participate
in the CAG. The application will be promoted through
robust digital outreach campaigns and physical flyer
distribution at key community destinations as well as
through the respective networks of the Health Education Council and Sergey Terebkov. Civic Thread will lead
the initial review of application responses and provide recommendations on the final CAG roster to the project
team, with a core focus on representation from West
Sacramento’s disadvantaged communities.

3.23 Small-Group Interviews
To better understand existing needs and identity
community-supported focus projects, Civic Thread
will coordinate a series of small group interviews in
coordination with the cultural brokers and community
partners. To ensure representation from Spanish and
Russian speaking populations, who have generally been
harder to reach, the Health Education Council and Sergey Terebkov will be responsible for hosting four monolingual events. The Health Education Council will host two
events for Spanish-speaking communities, and Sergey
Terebkov of the Slavic American Chamber of Commerce
will host two for Russian-speaking communities. In
addition to hosting events, the cultural brokers will
support event promotion and material development,
ensuring participation from respective community
members. To prioritize monolingual speakers, these
events will not be advertised in English but primarily
delivered in Russian/Spanish and offer translated
materials. These events will require a live interpreter to translate for the project team.

Civic Thread will schedule six targeted small-group
sessions with key partners. These sessions will provide an opportunity to understand priority projects and
opportunities to support safe routes for seniors,
students, and people who rely on active transportation.

Organizations/individuals that will be targeted for small group meetings may include the following:
• Trusted community partners
• CBOs
• Neighborhood associations
• Disability rights organizations
• Active transportation advocates
• School districts
• Youth groups
• AARP and/or other organizations serving older adults
• Active transportation audits: Audits are designed to
highlight specific safety concerns in key
areas, assess existing conditions, brainstorm
recommended improvements, and focus on providing
infrastructure solutions that support increased active
transportation to key destinations. Civic Thread will
oversee all coordination and promotion of the audits
while managing its logistics, such as scheduling with
community partners, route planning, gathering food/
water/supplies, hosting the audit and pre- and postmeeting workshop with communities, and providing a summary of findings. Civic Thread will also coordinate
translation and interpretation services.

Principal-in-Charge Tracy McMillan and Civic Thread’s Kiara Reed (in orange vests) conduct a walk audit in West Sacramento.

3.34 Interactive Workshops
Civic Thread will work with the City and NN Engineering to host up to two interactive workshops (i.e. creative
charettes) along walking and/or biking corridors within historically underinvested areas. Interactive workshops will provide an opportunity to communicate project
updates and hear directly from community members
on safety concerns, accessibility barriers, and visions for the BPTMP. Potential interactive workshops may
include the following:
20 448
• Walk to School Day events: The Walk to School Day
event is designed to build student/parent confidence
in walking to school and will highlight specific
safety barriers and opportunities along routes to
school. After the walk, participants will be engaged
in a helmet giveaway and a fun debrief activity to
understand barriers and opportunities. Tasks
include publicizing the events, engaging with local
partners, and working with schools to plan and host
the events.

3.45 Pop-Up Events
Civic Thread will work with the project team to host up to five pop-up events along walking and/or biking corridors within historically underinvested areas, along trails,
and at already occurring community events. Pop-ups
will provide an opportunity to communicate project
updates and hear directly from community members
on priority projects, accessibility barriers, and visions for the BPTMP. At least one pop-up will be designated
for draft plan engagement, which will provide details on the plan and encourage people to review it via the City’s website and public comment option, along with providing comments at the pop-up.

3.56 Community Survey
Civic Thread will collaborate with NN Engineering
and lead the development of a community survey to
understand the most important connectivity issues
in the active transportation network and develop
prioritization framework criteria/metrics.

The survey will be developed in culturally relevant
languages including but not limited to Spanish, Russian, and/or Ukrainian. The survey will be distributed via both digital and hard-copy platforms. Survey outreach will
utilize project team communication channels, such
as newsletters or social media and stakeholder and
CBO communication channels, as well as City of West
Sacramento mailing lists and utility mailers. Pop-ups
(Subtask 3.5) will also support survey promotion at
community events and/or high traffic locations .

Task 3 Deliverables:
‡ Community engagement plan including stakeholder list
‡ Interview questions, list of interviewees/partners, and summary of findings for up to four monolingual interviews and six smallgroup interviews ‡ Promotional materials, photos, and summary of findings for up to two interactive workshops
‡ Targeted location list, photos, and summary of findings for up to five pop-up events
‡ Complete list of survey questions and one survey summary report
‡ Agendas, presentation materials, and meeting minutes
for up to eight CAG meetings
Task 4: Advisory Committee Meetings

4.1 TMI Meetings
Having the support of the Transportation, Mobility, and Infrastructure Commission (TMI) for the BPTMP is critical to successful implementation of the projects and
strategies identified in the plan. NN Engineering will
attend up to two three TMI meetings throughout the
duration of the project and provide support to City staff as needed for additional TMI meetings. At the first of these meetings, we will introduce the project, present our initial analysis and engagement findings, and seek input and
support from the TMI. At the second meeting, we will gain insights from the TMI regarding prioritization and potential projects. At the third meeting, our team will present the draft BPTMP for comment. We will support the preparation of project materials and the presentation of project
activities to date.

4.2 Technical Advisory Committee
Building on the success of the VZAP project delivery team experience, NN Engineering recommends the formation
of a cross-departmental technical advisory committee
(TAC) to provide input on the development of the plan.

Based on our experience developing similar plans with
communities, this is especially critical
for successful infrastructure project development and
maintenance. It is important to get input from everyone within the City who will be involved with a physical
infrastructure project from planning, design,
construction, and maintenance to ensure challenges and
opportunities are identified and addressed.

We propose up to four TAC meetings at the
following stages: project introduction, existing
conditions summary, projects/program strategies and
prioritization, and draft plan.

Task 4 Deliverables:
‡ Presentation materials and comments on staff reports
‡ Attendance at two three TMI meetings
21 449
Task 5: Draft and Final Plan

5.1 Draft Plan Outline
The BPTMP will be visually appealing and approachable
to the public, decision –makers, and technical staff
alike, summarizing key project processes and activities conducted in Tasks 1, 3, and 4 along with analyses and
strategies from Task 2 to move the master plan forward
toward implementation. While the BPTMP content will
be sensitive to the needs of West Sacramento, prior
to the development of the draft plan, NN Engineering
will share an annotated outline and sample plans from
other cities with City staff to ensure the plan’s content, structure, and style meet the City’s expectations. We will also ensure the plan is responsive to CTC’s Guidance for Active Transportation Plans (ATP).

Components to include in an ATP:
▸ Mode share
▸ Description of land uses/destinations
▸ Pedestrian facilities
▸ Bicycle facilities
▸ Equity analysis
▸ Collision analysis
▸ Wayfinding
▸ Bicycle parking
▸ Community engagement
▸ Coordination
▸ Prioritization
▸ Non-infrastructure
▸ Funding
▸ Implementation
▸ Maintenance
▸ Resolution

5.2 Focus Projects Development
From the list of strategies developed in Task 2, the final plan will feature five projects or programs that will be developed in deeper detail as part of the final plan to showcase the plan’s implementation potential.

Potential focus projects/programs may include, but are
not limited to, the following:
• Mock-up of a branded wayfinding sign and sample
sign placement guidance or route mapping through
a small area
• Project “cut-sheet” including illustrative intersection mock-ups, cross sections, and/or a diagrammatic
layout showing important infrastructure and key
project facts
• Subset of a corridor concept design in AutoCAD over
an up-to-date aerial
• Update to bike parking standards
• Development of criteria for quick-build projects
(e.g., what effort, timeline and cost level constitute a quick-build, based on the City’s input and guidelines
from programs like ATP; prioritization of projects
that meet this criteria)
• Community education and awareness campaign on
the use of NEVs/LSVs
NN Engineering excels at blending eye-catching visual
storytelling with back-end technical accuracy. Our goal for project concepts is to help generate excitement
about the entire plan outside of focus projects.

Our team also wants the concepts to be useful for
the City long after the plan is completed. A phased
implementation approach and cost estimates will
be generated for future project and/or program
opportunities, and specific focus-projects’ concepts
can be developed at the level required to secure grant
funding. Our team’s experts are at the forefront of
the statewide and national grant universe. We have
a proven track record supporting cities with the
requirements needed to win a variety of funding suited
for bicycle, pedestrian, and trail projects, including
West Sacramento. The final goal of the focus projects’
concepts will be to continue to set West Sacramento
up for success in securing funding for the most critical projects and programs identified in the BPTMP.

5.3 Final Plan
NN Engineering will develop an administrative draft
of the BPTMP for staff and partner review. We have
planned for a 2–3-week review period followed by an
approximately 3–4-week refinement of the draft plan.

We will then provide a draft final plan for staff review and a minimum of 30 days for public comment. Phase 3 of the community engagement process will also coincide with
the plan’s public comment period to provide additional
outlets for community input on the BPTMP (as outlined in Task 3). After the public comment period, we will address any remaining edits/comments and prepare the draft
final BPTMP for City Council adoption.

We will provide a comment-tracking sheet for reference
between all plan drafts where the City will provide
consolidated, non-contradictory comments.

Task 5 Deliverables:
‡ Draft plan for public review
‡ Comments and responses to public review
‡ Concepts for up to five focus projects or programs
» Type of deliverable and level of detail to be determined once focus projects/programs are identified
‡ Final plan that includes a summary of next steps towards implementation, credits Caltrans on the cover or title page, and is submitted to Caltrans in an ADA-accessible electronic copy ‡ All project files and source materials provided in native formats West Sacramento BPTMP | #25-009-RFP
City of West Sacramento 22
450
Attachment 1
NN Engineering, Inc.

CDD25-168 Bicycle, Pedestrian, and Trails Master Plan Update Expires on 12/31/26
4908-4144-9034.1 007203.543

EXHIBIT B
Schedule of Performance
451
Task 6: City Council Review/Approval
Similar to the TMI Committee, having the support
and buy-in of the City Council is critical to successful implementation of the plan. NN Engineering will attend
up to three City Council meetings throughout the duration of the project and provide support to City staff as needed for additional City Council meetings. The first of these hearings will introduce the project to the City Council, provide an overview of initial findings, and present key findings from community engagement to date. At the
second hearing, our team will present the draft BPTMP
for comment. At the final hearing, we will present the final BPTMP for adoption. Per CTC guidelines, the BPTMP
will include a resolution showing adoption of the plan.

Supported by Civic Thread at the final meeting, we will encourage all community members that have contributed
to the plan development to attend in support of adoption (CAG Meeting #8). We will support the preparation of
project materials and the presentation of all project
activities to date.

Task 6: Deliverables:
‡ Presentation materials and comments on draft staff reports ‡ Attendance at three City Council meetings
Schedule of Work
2025 2026

JUNE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV TASK 1: EXISTING CONDITIONS
TASK 2: ANALYSIS
TASK 3: PUBLIC OUTREACH
TASK 4: ADVISORY COMMITTEE MEETINGS
TASK 5: DRAFT AND FINAL PLAN
TASK 6: CITY COUNCIL REVIEW/APPROVAL
PHASE 1 PHASE 2 PHASE 3
Figure 3: Project Schedule
key: = milestones/draft deliverables = final deliverables Tracy McMillan and Stephanie Chhan, Senior Transportation Planner with the City of West Sacramento, presenting the STEP final plan at City Council.

West Sacramento BPTMP | #25-009-RFP
City of West Sacramento 23
452
Attachment 1
NN Engineering, Inc.

CDD25-168 Bicycle, Pedestrian, and Trails Master Plan Update Expires on 12/31/26
4908-4144-9034.1 007203.543

EXHIBIT C
Schedule of Fees
453
Kiara Reed Niru Julia Jackson- Brandon
Senior Associate 2 Senior Associate 1 Principal 2 Senior Principal 2 Associate 3 Principal 2 Associate Principal 1 Associate EIT 2 Principal 3 Associate 1 Project Accountant Senior Project Assistan Job Class Job Class Job Class Job Class Bill Rate 190.00 170.00 250.00 320.00 160.00 250.00 215.00 150.00 275.00 130.00 160.00 120.00 Hours Cost $150.00 $105.00 $70.00 $64.00 Hours Cost Phase Description

1.00 Existing Conditions

1.10 Kickoff Meeting 5.00 8.00 2.00 1.00 1.00 1.00 2.00 20.00 3,855.00 3.00 5.00 2.00 10.00 1,115.00 30.00 4,970.00 4,970.00

1.20 Plan & Policy Review 8.00 8.00 2.00 4.00 4.00 8.00 24.00 58.00 9,200.00 - - 58.00 9,200.00 9,200.00

1.30 Current AT Network Conditions Analysis 12.00 8.00 4.00 2.00 40.00 4.00 4.00 2.00 8.00 84.00 14,730.00 - - 84.00 14,730.00 14,730.00

1.40 User Analysis 4.00 8.00 2.00 24.00 16.00 54.00 8,540.00 - - 54.00 8,540.00 8,540.00

1.50 Existing Conditions Report 8.00 8.00 2.00 16.00 16.00 50.00 8,020.00 - - 50.00 8,020.00 8,020.00

1.60 Invoicing 9.00 9.00 18.00 10.00 46.00 7,320.00 18.00 18.00 2,700.00 64.00 10,020.00 10,020.00 Phase 1.00 Total 46.00 49.00 12.00 3.00 84.00 1.00 9.00 12.00 2.00 66.00 18.00 10.00 312.00 51,665.00 21.00 5.00 2.00 - 28.00 3,815.00 340.00 55,480.00 - - - 55,480.00

2.00 Analysis

2.10 Network Gaps and Opportunities Analysis 16.00 28.00 3.00 2.00 40.00 2.00 5.00 8.00 2.00 24.00 130.00 22,035.00 - - 130.00 22,035.00 22,035.00

2.20 Project Identification and Prioritization 16.00 24.00 4.00 2.00 24.00 8.00 8.00 8.00 2.00 15.00 111.00 20,020.00 - - 111.00 20,020.00 20,020.00

2.30 Strategies for Improving AT 16.00 20.00 3.00 2.00 15.00 2.00 2.00 2.00 2.00 20.00 84.00 14,610.00 - - 84.00 14,610.00 14,610.00 Phase 2.00 Total 48.00 72.00 10.00 6.00 79.00 12.00 15.00 18.00 6.00 59.00 - - 325.00 56,665.00 - - - - - - 325.00 56,665.00 - - - 56,665.00

3.00 Public Outreach

3.10 CE Plan 2.00 3.00 2.00 7.00 1,150.00 11 12 6 0 29.00 3,330.00 36.00 4,480.00 4,480.00

3.20 Small Group Interviews (10) 4.00 4.00 10.00 18.00 2,740.00 15 90 65 80 250.00 21,370.00 268.00 24,110.00 24,110.00

3.30 Interactive Workshops (2) 2.00 4.00 16.00 22.00 3,140.00 20 55 30 35 140.00 13,115.00 162.00 16,255.00 16,255.00

3.40 Pop-up events (4) 1.00 1.00 8.00 10.00 1,400.00 0 62 25 45 132.00 11,140.00 142.00 12,540.00 12,540.00

3.50 Survey 4.00 4.00 2.00 10.00 1,940.00 12 10 18 25 65.00 5,710.00 75.00 7,650.00 7,650.00 Phase 3.00 Total 13.00 16.00 2.00 - - - - - - 36.00 - - 67.00 10,370.00 58.00 229.00 144.00 185.00 616.00 54,665.00 683.00 65,035.00 3,275.00 15,800.00 19,075.00 84,110.00

4.00 Advisory Committee Meetings

4.10 TMI Meetings 10.00 12.00 8.00 30.00 4,980.00 6.00 12.00 18.00 2,160.00 48.00 7,140.00 7,140.00

4.20 Technical Advisory Committee 12.00 12.00 6.00 30.00 5,100.00 - - 30.00 5,100.00 5,100.00 Phase 4.00 Total 22.00 24.00 - - - - - - - 14.00 - - 60.00 10,080.00 6.00 12.00 - - 18.00 2,160.00 78.00 12,240.00 - - - 12,240.00

5.00 Draft and Final Plan

5.10 Draft Plan Outline 8.00 8.00 2.00 - - - - 15.00 33.00 5,330.00 - - 33.00 5,330.00 5,330.00

5.20 Focus Projects Development 22.00 24.00 8.00 4.00 16.00 12.00 40.00 80.00 40.00 246.00 42,900.00 6.00 6.00 12.00 1,530.00 258.00 44,430.00 44,430.00

5.30 Final Plan 24.00 38.00 8.00 8.00 2.00 40.00 120.00 20,050.00 - - 120.00 20,050.00 20,050.00 Phase 5.00 Total 54.00 70.00 18.00 4.00 24.00 12.00 40.00 80.00 2.00 95.00 - - 399.00 68,280.00 6.00 6.00 - - 12.00 1,530.00 411.00 69,810.00 - - - 69,810.00

6.00 City Council Review/Approval

6.10 City Council Review/Approval 8.00 8.00 2.00 6.00 24.00 4,340.00 6.00 6.00 12.00 1,530.00 36.00 5,870.00 5,870.00 Phase 6.00 Total 8.00 8.00 2.00 - 6.00 - - - - - - - 24.00 4,340.00 6.00 6.00 - - 12.00 1,530.00 36.00 5,870.00 1,075.00 - 1,075.00 6,945.00 TOTAL HOURS 191.00 239.00 44.00 13.00 193.00 25.00 64.00 110.00 10.00 270.00 18.00 10.00 1,187.00 201,400.00 97.00 258.00 146.00 185.00 686.00 63,700.00 1,873.00 15,800.00 686.00 SUBTOTAL BILLABLE COSTS 36,290.00 40,630.00 11,000.00 4,160.00 30,880.00 6,250.00 13,760.00 16,500.00 2,750.00 35,100.00 2,880.00 1,200.00 201,400.00 14,550.00 27,090.00 10,220.00 11,840.00 63,700.00 265,100.00 4,350.00 15,800.00 20,150.00 285,250.00 SUBCONSULTANT MARKUP 3,185.00 3,185.00
TOTAL COSTS 63,700.00 288,435.00
Total Misc.

Expenses
Ergina,
Samuel NN Labor Civic Thread
Total Travel
Expenses
Subconsultant Costs
Labor
Project Accountant Senior Project
Assistant
Civic Thread
Nelson\Nygaard Labor Costs
Total
Labor Hours
Total
Labor Costs
Total
Direct
Expenses
Total
Costs
Brazzil,
Gabrielle
Riebe, Gupta, Mallika
Michael
Holland, Jolene Weber, Alexandra McMillan, Tracy van Hengel, Haithcock, Carly Boehm, Maria Drusilla
454
Attachment 1
NN Engineering, Inc.

CDD25-168 Bicycle, Pedestrian, and Trails Master Plan Update Expires on 12/31/26

EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

NN Engineering, Inc.

By:

455
Attachment 2
RESOLUTION 25-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AUTHORIZING THE TRANSFER OF $28,834 FROM THE TRAFFIC IMPROVEMENT FUND FOR THE BICYCLE, PEDESTRIAN, AND TRAILS MASTER PLAN UPDATE (CIP 61006).

WHEREAS, the City of West Sacramento was awarded $309,855 in grant funding from the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant Program to update its Bicycle, Pedestrian, and Trails Master Plan (BPTMP); and WHEREAS, the 2024/2025 Capital Improvement Program allocated $350,000 for the BPTMP Update in anticipation of the grant award and including an 11.47% match of $40,145 from the Traffic Improvement Fund (CIP 61006); and
WHEREAS, a Request for Proposal was released on March 14, 2025; and WHEREAS, the staff is recommending City Council to award a contract for professional services with NN Engineering, Inc., in the amount of $288,340; and WHEREAS, allocating and holding an additional 10% of the contract cost for unlikely unforeseen contingencies will ensure project completion; and WHEREAS, the Capital Improvement Program allocated the project $350,000; and WHEREAS, staff is proposing to transfer an additional $28,834 from Traffic Improvement Funds to provide the 10% contingency;
WHEREAS, there are sufficient funds available in the sources identified to fund the additional appropriations as requested for this project; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

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 budget for the 2025-26 fiscal year as provided below:

SOURCES
$28,834 205-0000-3060 Traffic Improvement Fund Balance
$28,834 400-9900-4990/400-61006-4990 Transfer from Traffic Improvement Fund $28,834 Total Sources
USES
$28,834 400-9900-5530/400-61006-5800 BPTMP Update
$28,834 205-9211-5950 Transfer Out to the BPTMP Update
$28,834 Total Uses

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

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

PASSED AND ADOPTED by the West Sacramento City Council this 16th day of July, 2025 by the following vote:
456
Resolution 25-79

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
457

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 16, 2025 ITEM # 12
SUBJECT:

CONSIDERATION OF FINDING OF A PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 45 15th STREET (ARCO) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Elijah Ortega, AICP, Associate Planner
Community Development Department
Dea Pugh, Police Support Services Manager
Police Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this item is to provide the City Council with information to support a finding of a Public Convenience or Necessity to allow for sales of beer, wine and liquor for off-site consumption at a proposed new ARCO gas station convenience market at 45 15th Street.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Find that a Public Convenience or Necessity would be served by the issuance of a Type 21 Alcoholic Beverage Control License at 45 15th Street; and

2. Authorize the Mayor to execute and staff to submit a letter of determination of a Public Convenience or Necessity to the State Department of Alcoholic Beverage Control.

BACKGROUND
Applicant/Owner: Kamboj Oil, Inc. Address: 45 15th Street Planning File Number: P24-0027 CEQA Determination: Exempt (Class 32) General Plan Land Use: Commercial Zoning: Commercial (C) Since 2012, Kamboj Oil Inc. has owned and operated the ARCO gas station at 45 15th Street (see Attachment 1, Vicinity Map). The existing convenience market and smog shop building was constructed in 1950 and has operated continuously with minimal upgrades. The property owner is proposing a full-scale redevelopment of the site with an expanded fueling area, new AMPM convenience store, quick-service restaurant and auto repair building. The Planning Commission approved a Conditional Use Permit authorizing the sale of liquor for off-site consumption in the proposed convenience market at the March 20, 2025 meeting. Included in the commission’s approval were several Conditions of Approval designed to minimize incidents of loitering, nuisance or otherwise problematic activity that may coincide with alcohol sales on the property. The Planning Commission’s approved Conditions of Approval are included in Attachment 2.

Effective January 1, 1995, Section 23958.4 was added to the State Business and Professions Code, which defines “undue concentration” and limits the number of liquor licenses allowed within a census tract based on the population. The California Department of Alcoholic Beverage Control (ABC) will not issue a new license to businesses located in an area with undue concentration, unless the governing body of City of West Sacramento (the City Council) determines that the issuance of the license would serve a Public Convenience or Necessity (PCN). A summary of active off-sale ABC Licenses in the census tract where the project is located is included in Attachment 3. Should a business apply for an ABC liquor license requiring a PCN, the City Council must find that the PCN is warranted and submit a letter to ABC in the form provided as Attachment 4.

ANALYSIS
The applicant is proposing a full-scale redevelopment of the ARCO gas station at 45 15th Street – including the construction of a new AMPM convenience store, quick-service restaurant and auto repair shop. The existing buildings at the property were constructed in 1950 and have operated continuously with minimal upgrades. As part of the redevelopment project, the applicant is requesting City approval to sell alcoholic beverages including beer, wine, and liquor in the new convenience market.
458
45 15th Street PCN
July 16, 2025

A PCN is required for this project due to the number of active off-sale ABC licenses in Census Tract 102.01 where the project is located. As shown in Attachment 3, the census tract currently contains six active ABC licenses where businesses are authorized to sell alcohol for off-site consumption. Although the proposed project would add an additional off-sale ABC license to the census tract, staff supports the applicant’s request for the following reasons:

1. The project would modernize an aging and underutilized property.

The proposed project would revitalize an aging, underutilized property located at one of the city’s highest visibility intersections. The current building and property have operated continuously with minimal upgrades and are showing signs of deterioration. The proposed project would construct a new, modernized building that is compliant with current building and development standards. In addition, the project would provide a larger, neighborhood-serving convenience market and new quick-service restaurant which would in turn contribute to additional sales and property tax revenue for the city.

2. The project would provide frontage and site improvements.

As part of the project, improvements would be made along the property line frontage, including installation of sidewalk in the rear of the property on Virgina Avenue and installation of landscaping on Jefferson Blvd., 15th Street and Virginia Ave. In addition, the project would underground the existing overhead utilities on the property to provide for more resilient utility service.

3. The Conditions of Approval will limit the adverse impacts of alcohol sales at the property.

The project’s Conditions of Approval were crafted in close collaboration with Police Department staff and are specifically designed to limit the potential adverse impacts of alcohol sales on the surrounding neighborhood. The Conditions of Approval were crafted to minimize the instances of theft, loitering, nuisance, and other problematic activities that may coincide with alcohol sales at the property. The conditions include specific limitations on hours of alcohol sales, container sizes and quantities, floor area dedicated to alcohol display, alcohol advertising, and crime-prevention site improvements. In addition, condition #11 provides for a review of the property by the Police Chief and Community Development Director to identify any problems associated with alcohol sales one year after the project is complete.

Environmental Considerations
This action falls under the Class 32 Categorical Exemption according to the California Environmental Quality Act. Class 32 consists of projects characterized as in-fill development where the project is consistent with the general plan and zoning, the project occurs within city limits on a project site of no more than 5 acres substantially surrounded by urban uses, the project site has no value as habitat for endangered or threatened species, approval of the project would not result in significant effects to traffic, noise, air quality or water quality and the site can be adequately service by all required utilities and public services (In-Fill Development projects, Section 15332, CEQA Guidelines).

Commission Recommendation
On March 20, 2025, at a regular meeting, the Planning Commission conducted a public hearing and approved a Conditional Use Permit for sales of liquor at the proposed ARCO project.

Strategic Plan Integration
Staff’s recommendation is consistent with the City Council’s 2024 Strategic Priority “Local Economic Development” by facilitating the redevelopment of a high-visibility underutilized property.

Alternatives
The Council’s primary alternatives to the recommended action are summarized below.

1. Find that the Public Convenience or Necessity will not be served by issuance of the requested Type 21 ABC license and deny the request.

2. Continue the item to a future date and request that additional information (specified by the Commission) be provided at that time.
459
45 15th Street PCN
July 16, 2025

While staff believes the analysis presented in this report is correct, staff is prepared to effectuate the alternatives at the Council’s direction.

Coordination and Review
This application was reviewed by the Community Development Department and Police Department.

Budget/Cost Impact
No Impact

ATTACHMENTS

1. Vicinity Map

2. Resolution 25-6PC
a. Conditions of Approval

3. Active On-Sale ABC Licenses in Census Tract 102.01

4. Determination of PCN Letter Template
460
Attachment 1 – Vicinity Map
Existing Use Zoning
Subject Property Fueling Station C
Adjacent Properties
North Public Roadway
South Residential Single-Family R1-A
East Public Roadway
West Public Roadway
45 15th Street
461
RESOLUTION 25-6PC

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

APPROVING A CONDITIONAL USE PERMIT FOR LIQUOR SALES AT A PROPOSED

CONVENIENCE MARKET (ARCO)
WHEREAS, on June 30, 2024, the Department of Community Development, Planning Division received an application from Tobin Consulting for real property located at 45 15th Street requesting approval of a Conditional Use Permit for sales of liquor for off-site consumption at a proposed new ARCO gas station convenience market; and
WHEREAS, on March 20, 2025, the West Sacramento Planning Commission conducted a public hearing on the requested Conditional Use Permit; and WHEREAS, the Planning Commission has found that the proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other titles of the West Sacramento Municipal Code; and
WHEREAS, the Planning Commission has found that the proposed use is consistent with the General Plan and any applicable specific plan; and
WHEREAS, the Planning Commission has found that the proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; and
WHEREAS, the Planning Commission has found that the proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this Title; and
WHEREAS, the Planning Commission has found that the design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and WHEREAS, the Planning Commission has found that the site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints; and
WHEREAS, the Planning Commission has reviewed and certified that the Class 32 (InFill Development Projects) Categorical Exemption is the appropriate level of environmental review under the California Environmental Quality Act (CEQA).

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves the Conditional Use Permit subject to the Conditions of Approval included herein as Exhibit A.

PASSED AND ADOPTED by the Planning Commission of the City of West Sacramento this 20th day of March 2025, by the following vote:

AYES: Jackson, Delgado, Wong, Linker
NOES: Squires
ABSENT: Sablan, Olivarez
ABSTAIN: None.

Docusign Envelope ID: 5FE032CB-8DC9-488A-9B10-F3ACFC7A20FD 462
Resolution 25-6PC

Matthew Delgado, Planning Commission Chair
ATTEST:

Seamus Laffey, Secretary
Docusign Envelope ID: 5FE032CB-8DC9-488A-9B10-F3ACFC7A20FD 463
Resolution 25-6PC

EXHIBIT A

CONDITIONS OF APPROVAL
Planning Division
Project Specific Conditions & Mitigation Measures:

1. The specific project approved by this action is identified as the 45 15th Street Conditional Use Permit for sales of liquor for off-site consumption at a proposed, new gas station convenience store.

2. The applicant shall obtain a Type-21 License from the California Department of Alcoholic Beverage Control and the license shall be kept active and in good standing at all times.

3. The applicant shall provide the City with written notice of intent to sell or transfer the ABC License.

4. The applicant shall notify Planning Division staff of any administrative actions, including accusations, filed by the Department of Alcoholic Beverage Control.

5. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.

Indoor displays of alcoholic beverages, which are clearly visible to the exterior, shall constitute a violation of this condition.

6. No more than 20 percent of the windows or clear doors shall bear advertising of any sort, shall not be blocked by display of inventory or shelving, and all advertising shall be placed and maintained in a manner that ensures that public safety personnel have a clear and unobstructed view of the premise interior, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance.

7. All doors/entrances to the walk-in coolers shall be locked and secured at all times and access-limited to employees only.

8. Off-sale alcoholic beverage sales establishment shall be prohibited from selling drug/tobacco paraphernalia products as defined in California Health and Safety Code sections 11014.5 and 11364.5.

9. The fueling area and parking areas shall be equipped with sufficient lighting to provide a minimum illumination of 0.5 foot-candles.
a. The position of such lighting (including building mounted lighting) shall not disturb the normal privacy and use of any neighboring residences. b. A photometric plan shall be required as part of the building permit submittal and shall be reviewed and approved by the Planning Division and Police Department prior to issuance of building permits.

Docusign Envelope ID: 5FE032CB-8DC9-488A-9B10-F3ACFC7A20FD 464
Resolution 25-6PC

10. The applicant shall include in their building permit submittal a memorandum from an NICPcertified consultant demonstrating that a CPTED review of the building permit, lighting and landscape plans was conducted and detailing the specific CPTED design elements of the project.

11. This Conditional Use permit shall be reviewed one year from the date the project receives a Certificate of Occupancy. The review shall be conducted jointly by the Community Development Director and the Police Chief or their designee(s). The applicant shall cooperate with the review, and shall provide records requested as part of the investigation, except to the extent the records contain attorney/client information or intellectual property such as trade secrets. The purpose of the review shall be to ensure compliance with these Conditions of Approval and to identify any adverse issues occurring as a result of alcohol sales. If adverse issues are identified, the Conditional Use Permit shall be presented to the Planning Commission for its consideration of conditions, modifications or revocation.

Police Department

12. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. a. Applicant shall post a prominent, permanent sign stating, “NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES” in a place that is clearly visible to patrons of the licensed premises. The sign shall be at least two feet square with at least two-inch block lettering.

13. Applicant shall actively monitor the area under their control in an effort to prevent the loitering of persons on any property adjacent to the licensed premises. a. Applicant shall post a prominent, permanent sign stating, “NO LOITERING OR PUBLIC DRINKING IS ALLOWED ON OR IN FRONT OF THESE PREMISES” in a place that is clearly visible to patrons of the licensed premises. The sign shall be at least two feet square with at least two-inch block lettering.

14. Owner shall be responsible for and cause the removal of any and all graffiti that appears upon the property within 72 hours of discovery.

15. The management is responsible for ensuring the property is maintained free of litter.

16. All owners and employees who sell alcoholic beverage products shall be required to complete the California Department of Alcoholic Beverage Control’s Licensee Education on Alcohol and Drugs (LEAD) training.

17. Display and sales of chilled beer, wine, alcoholic beverages and spirits shall be restricted to three cooler doors.

18. Beer or malt beverage products, wine-based beverages, hard seltzers, and pre-mixed, distilled spirit-based cocktails regardless of size, shall only be sold in manufacturer prepackaged multi-unit quantities of at least three (3) individual containers per sale.

Docusign Envelope ID: 5FE032CB-8DC9-488A-9B10-F3ACFC7A20FD 465
Resolution 25-6PC

19. Wine shall only be sold in bottles of at least 750 ml and wine coolers in a four pack or greater.

20. Distilled spirits shall only be sold in containers of at least 375 ml.

21. All wine and liquor shall be stored and displayed behind the cashier’s counter.

22. No alcoholic beverages shall be sold from ice tubs or containers.

23. All alcohol sales shall cease at 10:00 pm at which time the cooler doors displaying alcohol shall be locked.

24. No employee shall sell alcoholic beverages to persons that are obviously under the influence of drugs or alcohol.

25. No pay telephones shall be installed on the property.

26. The property shall have the following security measures:
a. Provide operable closed circuit security cameras that survey both the interior and exterior of the property. A minimum of one camera shall be placed to record all entrances and exits, all four sides of the building, and the parking lot/fueling area.

Each camera shall record at least 720p recording resolution levels and at least 15 frames per second. Recorded video will be made available to the West Sacramento Police Department upon request.
b. The cashier must have a clear view of the interior and exterior of the property and in particular, areas of alcoholic beverage and display.

27. The Police Department shall have the right to add or modify conditions should problems develop which are not readily apparent at this time or if the applicant fails to adequately manage public safety or security issues. Modifications will require approval of an amendment to the Conditional Use permit approved by the Planning Commission, unless consented to in writing by the applicant.

28. Exterior vegetation shall not be planted or maintained, if the vegetation can be used as a hiding place for persons on the premises.

Standard Conditions & Mitigation Measures

29. Applicant shall hold harmless the City, its council members, officers, agents, employees, and representatives from liability for any award, damages, costs, and fees incurred by the City and/or awarded to any plaintiff in any action challenging the validity of this permit or any environmental or other documentation related to approval of this permit. Subdivider further agrees to provide a defense for the City in such action. The City shall promptly notify the applicant of any such action and shall cooperate fully in the defense.

Docusign Envelope ID: 5FE032CB-8DC9-488A-9B10-F3ACFC7A20FD 466
Resolution 25-6PC

30. Prior to issuance of a building permit, all monies owed on the project’s work order account shall be paid in full.

31. This approval will expire in 24 months if the project has not begun construction. The Zoning Administrator may approve extensions of time for Use Permits, providing that the applicant requests the extension in writing prior to the expiration date. Such extensions shall be approved only when it is found that the circumstances under which the permits were granted have not substantially changed, and such extensions shall be approved for no more than 24 months (Municipal Code §17.38.080).

32. The site shall be developed and maintained in accordance with the approved building permit and site plan.

33. The Use Permit shall be valid for the duration of the use, but if the alcohol sales license is revoked by the State of California, is transferred off-site, or if the establishment does not sell alcohol for a period of 24 months or more, the Use Permit may be subject to revocation following a duly-noticed public hearing.

Docusign Envelope ID: 5FE032CB-8DC9-488A-9B10-F3ACFC7A20FD 467
Attachment 3 – Off-Sale ABC Licenses in Census Tract
Census Tract 102.01
7 Eleven 1552 Jefferson Blvd 20 (Beer, Wine)
Chevron 1015 Jefferson Blvd 20 (Beer, Wine)
Penny Rod & Bait 1301 Merkley Ave 20 (Beer, Wine)
Rite Aid 1260 W Capitol Ave 21 (Beer, Wine, Liquor)
Walgreens 1351 W Capitol Ave 21 (Beer, Wine, Liquor)
Off-Sale
Bro’s Liquor 1091 Jefferson Blvd 21 (Beer, Wine, Liquor) 468
1110 West Capitol Avenue
West Sacramento, CA 95691
(916) 617-4500
www.cityofwestsacramento.org
July 17, 2025
Maggie DeSouza
Department of Alcoholic Beverage Control
2400 Del Paso Road #115
Sacramento, CA 95834
Subject: Determination of Public Convienece or Necessity, ARCO, 45 15th Street Dear Maggie:

On July 16, 2025, the West Sacramento City Council, pursuant to Section 23958.4 of the Business and Professions Code, determined that public convenience or necessity will be served by issuance of a Type 21 Off-Sale General License for ARCO to Tony Mehroke (owner) located at 45 15th Street. The factors supporting this determination include:
 The proposed project will advance city economic development goals by redeveloping an aging, underutilized property at one of the city’s high-visibility intersections.  The application was reviewed by the Planning Commission at a duly noticed public hearing and approved with Conditions of Approval intended to minimize potential negative impacts to the surrounding businesses and community; and  The West Sacramento Police Department has reviewed the applicant’s proposal and did not express concerns related to public safety in consideration of the Conditions of Approval.

Sincerely,
Martha Guerrero
Mayor
469

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 16, 2025 ITEM # 13
SUBJECT:

CONSIDERATION OF RESOLUTION 25-78 APPROVING FINAL MAP 5242, BRIDGE DISTRICT PHASE 6, FOR CONDOMINIUM PURPOSES AND AMENDMENTS TO THE

BARN SITE AND FACILITIES LEASE AGREEMENTS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Mark Collier, Principal Engineer
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to seek City Council adoption of Resolution 25-78, approving Final Map 5242, Bridge District Phase 6, for condominium purposes and amendments to the Barn Site and Lease agreements to conform with the Final Map and as-built improvements.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Adopt Resolution 25-78, approving Final Map 5242, Bridge District Phase 6, for condominium purposes; and

2. Authorize the City Manager to execute amendments to the Barn Site and Facilities Lease agreements to conform with the Final Map and as-built improvements.

BACKGROUND
Tentative Map 5242 was conditionally approved by the Planning Commission on August 17, 2023. The property is located at 995 Riverfront Street and the map creates one parcel for condominium purposes. Minor boundary changes in the Final Map also require amendments to the original Barn Site and Facilities Lease agreements in order to conform with the new map boundaries and as-built improvements.

ANALYSIS
All applicable Conditions of Approval of the Tentative Map have been satisfied. The Conditions of Approval did not include the requirement for construction of any public improvements or dedication of any public easements.

Final Map 5242 and a vicinity map are included as Attachments 1 and 2, respectively.

The Final Map updated parcel boundaries, as well as the boundaries of as-built improvements, have been incorporated into updated legal descriptions for both the Barn Site Lease Agreement and Facilities Lease Agreement, included as Attachment 4.

Environmental Considerations
The Planning Commission found the tentative map to be compliant with the California Environmental Quality Act (CEQA) at the time of its approval. No additional findings are required with acceptance of the public improvements.

Commission Recommendation
The Planning Commission conditionally approved Final Map 5242 on August 17, 2023.

Strategic Plan Integration
Approval of Final Map 5242 promotes the City’s Strategic Plan goals of creating a “Strong, Diverse, Local Economy.”
Alternatives
In accordance with Section 66458 of the Government Code, if the map conforms to all requirements of the Subdivision Map Act and local subdivision ordinance applicable at the time of tentative map approval or conditional approval and any rulings made thereunder, the map shall be approved at the meeting at which the map is received or at the next meeting.
470
Coordination and Review
The Final Map was reviewed by the Community Development Department and the Economic Development and Housing Department.

Budget/Cost Impact
The map proponent pays for costs associated with the review and approval of this map per the approved fee schedule.

ATTACHMENTS

1. Parcel Map 5242

2. Vicinity Map

3. Resolution 25-78

4. Barn Site and Facilities Lease Agreement
471
NOTARY ACKNOWLEDGMENT OWNER'S STATEMENT FILED FOR RECORD THIS ________ DAY OF ________, 20___ AT_____ ___M. IN BOOK _____ OF MAPS, AT PAGE(S) ________, AT THE REQUEST OF WARREN CONSULTING ENGINEERS INC. _______________________________ JESSE SALINAS, COUNTY RECORDER YOLO COUNTY BY:_____________________________ DEPUTY RECORDER'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF SMART GROWTH INVESTORS II, L.P. IN MARCH 2022. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS SHOWN HEREON ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED ON THE RECORDING DATE OF THIS MAP. THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. DATE: _________________ ________________________________ MATHEW MORROW P.L.S. 8501 SURVEYOR'S STATEMENT THE UNDERSIGNED, DOES HEREBY STATE THAT IT IS THE ONLY PARTY HAVING ANY RECORD TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS PLAT OF SUBDIVISION NO. 5242 AND DOES HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP. IN WITNESS THEREOF, THE UNDERSIGNED HAS CAUSED ITS NAME TO BE SUBSCRIBED ON THIS ___________ DAY OF ____________, 20___. OWNER: TBD PHASE VI LP, A CALIFORNIA LIMITED PARTNERSHIP BY: PIERSIDE GP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ITS: GENERAL PARTNER BY: FULCRUM PROPERTY CORP., A CALIFORNIA CORPORATION ITS: MANAGER BY: NAME: RANDOLPH S. KOSS ITS: PRESIDENT DATED: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT IT IS TECHNICALLY CORRECT. DATED: ______________________, 20____ _______________________________________ BRIAN L. SOUSA, L.S. 7917 CITY SURVEYOR, CITY OF WEST SACRAMENTO I, THE UNDERSIGNED, TAX COLLECTOR AND REDEMPTION OFFICER OF YOLO COUNTY, STATE OF CALIFORNIA, DO HEREBY STATE THAT ACCORDING TO THE RECORDS OF THIS OFFICE, THERE ARE NO LIENS AGAINST THIS PROPERTY OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE. FURTHERMORE, PURSUANT TO THE YOLO COUNTY BOARD OF SUPERVISORS RESOLUTION 89-168, I DO HEREBY CERTIFY ON BEHALF OF THE CLERK OF THE BOARD OF SUPERVISORS THAT CHAPTER 4, ARTICLE 8, OF THE SUBUDIVISION MAP ACT HAS BEEN COMPLIED WITH REGARDING DEPOSITS. _________________________________________ DATED:__________________ CHAD RINDE, COUNTY TAX COLLECTOR AND REDEMPTION OFFICER YOLO COUNTY CITY SURVEYOR'S STATEMENT CITY CLERK'S STATEMENT I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO HAS APPROVED THIS PLAT OF SUBDIVISION NO. 5242, AND HEREBY CONSENTS TO THE ABANDONMENT OF THE PUBLIC EASEMENT AS DESCRIBED ON THIS MAP. _______________________________ DATE:_____________, 20______ YASHIN ABBAS, CITY CLERK CITY OF WEST SACRAMENTO STATE OF CALIFORNIA ) SS COUNTY OF __________________ ) ON THIS _______ DAY OF _______________ IN THE YEAR OF ________, BEFORE ME, ______________________________, A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED _____________________________________________________ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND THIS _____ DAY OF _______________, IN _________. _____________________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: _____________ MY PRINCIPAL PLACE OF BUSINESS IS: _____________________________ CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND OF ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF SAID TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATE: _________________, 20____ _________________________________________ MARK COLLIER, RCE 54031 CITY ENGINEER, CITY OF WEST SACRAMENTO COUNTY TAX COLLECTOR'S STATEMENT FINAL MAP FOR CONDOMINIUM PURPOSES FOR BRIDGE DISTRICT PHASE 6 SUBDIVISION NO. 5242 RESULTANT LOT 3 AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED IN DOC. #2021-0036041, CITY OF WEST SACRAMENTO, COUNTY OF YOLO, STATE OF CALIFORNIA JULY, 2025 WARREN CONSULTING ENGINEERS, INC. SHEET 1 OF 2 BENEFICIARY STATEMENT RIVER CITY BANK, A CALIFORNIA CORPORATION, BENEFICIARY UNDER DEED OF TRUST RECORDED JULY 15, 2024, FILED AS INSTRUMENT NO. 2024-0012159, OFFICIAL RECORDS OF YOLO COUNTY, STATE OF CALIFORNIA, HEREBY CONSENT TO THE RECORDING OF THIS MAP. BY: _____________________________________ _____________________________________ PRINT NAME _____________________________________ TITLE NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) SS COUNTY OF __________________ ) ON THIS _______ DAY OF _______________ IN THE YEAR OF ________, BEFORE ME, ______________________________, A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED _____________________________________________________ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND THIS _____ DAY OF _______________, IN _________. _____________________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: _____________ MY PRINCIPAL PLACE OF BUSINESS IS: _____________________________ 472 MILL
TRAIL
RIVER
ST.

WALK
GARDEN
RIVERFRONT ST. (R2)
ST. 5' STREET LIGHTING ESMT TO C.O.W.S. PER DOC. #2010-0025460 SACRAMENTO & SAN JOAQUIN DRAINAGE DISTRICT FLOOD CONTROL EASEMENT PER DOC.#2010-0026105 & BOOK 80 OF DEEDS, PAGE 397 20' PEDESTRIAN ACCESS ESMT TO C.O.W.S. PER DOC. #2010-00254615' PUE TO C.O.W.S. PER DOC. #2010-0029791 10' PUE TO C.O.W.S. PER DOC. #2010-0029790 5' PUE TO C.O.W.S. PER DOC. #2010-0029791 UTILITY & ACCESS ESMT TO C.O.W.S. PER DOC. #2015-0011911 80' ROW PER 2013 MAPS 47 (R1 & R2) 40' (R1)
40' (R1) 20' PEDESTRIAN ACCESS ESMT TO C.O.W.S. PER DOC. #2010-0025461 N48°50'39"W 250.72' S41°09'21"W 10.00' N87°14'18"W 55.90' S54°22'03"W 93.19' S42°07'42"W 296.84' S34°29'51"W 53.67' S18°12'10"W 15.69' S85°18'26"E 54.25' Δ=37°30'49" CH=S66°33'02"E C=64.95' L=66.13' R=101.00' S47°47'37"E 14.58' Δ=18°10'01" CH=S38°42'37"E C=47.68' L=47.88' R=151.00' S29°37'36"E 46.41' Δ=13°05'09" CH=S36°10'11"E C=15.72' L=15.76' R=69.00' S42°42'45"E 27.39' Δ=17°52'28" CH=S51°38'59"E C=30.76' L=30.88' R=99.00' S60°35'13"E 15.02' N42°19'38"E
473.85'
Δ=5°41'08" CH=S39°29'04"W
C=293.61' L=293.73' R=2960.05'
S36°38'30"W

56.14' 3.28 ACRES GROSS 2.83 ACRES NET FD C/L MON PER (R6), HELD AS MARKING THE C/L INTERSECTION. (R1 CALLED C/L MON S48°50'39"E, 0.18' FROM C/L INTERSECTION) BASIS OF BEARINGS LINE N42°19'38"E 477.20' (477.13') (R1) N42°20'09"E
480.70'
N81°02'57"W
603.25'
N42°46'03"E

52.25' FD C/L MON PER (R6), HELD AS MARKING THE C/L INTERSECTION. (R1 CALLED C/L MON S48°50'39"E, 0.18' FROM C/L INTERSECTION) 10' 10' N42°20'09"E
480.70' (93.21') (R3) (296.82') (R3) LOT 1
(477.16') (R6) N48°50'39"W 40.01' ( IN FEET ) GRAPHIC SCALE 0 THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED. NORTH 1 inch = 50 feet 50' 25' 50' 100' REFERENCES R1 - 2013 MAPS 47 R2 - DOC. 2010-18710 AS CORRECTED PER 2011-17198 R3 - DOC. 2010-25462 R4 - DOC. 2020-26435 R5 - DOC. 2021-36041 R6 - UNRECORDED RECORD OF SURVEY FOR THE C.O.W.S. PREPARED BY CRAIG SPIESS, PLS 7944 OF WOOD RODGER'S CORP. DATED OCTOBER, 2012. ESMT = EASEMENT = CENTER LINE LEGEND C/L = DIMENSION POINT - NOTHING FOUND OR SET PUE = PUBLIC UTILITY EASEMENT = FOUND MONUMENT AS NOTED ROW = RIGHT OF WAY FD = FOUND = SET 1" BRASS DISC, COUNTER SUNK IN FINAL MAP FOR CONDOMINIUM PURPOSES FOR BRIDGE DISTRICT PHASE 6 SUBDIVISION NO. 5242 RESULTANT LOT 3 AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED IN DOC. #2021-0036041, CITY OF WEST SACRAMENTO, COUNTY OF YOLO, STATE OF CALIFORNIA JULY, 2025 WARREN CONSULTING ENGINEERS, INC. SHEET 2 OF 2 PM = PARCEL MAP NOTES: 1.) ALL DIMENSIONS RELATED TO EXTERNAL BOUNDARIES OF THIS MAP WERE MEASURED AND FOUND TO AGREE WITH THOSE DESCRIBED PER REFERENCES (R3), (R4), & (R5), UNLESS OTHERWISE INDICATED. 2.) THE LOCATION OF THE EASEMENT OVER SAID LAND FOR ELECTRICAL FACILITIES & INCIDENTAL PURPOSES, GRANTED TO PACIFIC GAS & ELECTRIC COMPANY, IN DEED RECORDED AUGUST 14, 1917, IN BOOK 93 PAGE 73, BOOK OF DEEDS, IS UNDEFINED. MON = MONUMENT = SUBDIVISION BOUNDARY = LOT LINES = CENTERLINES = EASEMENT LINES = RIGHT OF WAY LINES C.O.W.S. = CITY OF WEST SACRAMENTO BASIS OF BEARINGS: FOUND CENTERLINE MONUMENT AT INTERSECTION OF MILL ST. AND RIVERFRONT ST., TO A FOUND CENTERLINE MONUMENT AT THE INTERSECTION OF GARDEN ST. AND RIVERFRONT ST., HELD THE CENTERLINE OF RIVERFRONT ST. AT N42°19'38E PER THE BRIDGE DISTRICT GARDEN PHASE 1 RECORDED IN 2013 MAPS 47 CONDOMINIUM NOTE: LOT 1 IS FOR CONDOMINIUM PURPOSES WITH UP TO A TOTAL OF 30 COMBINED RESIDENTIAL CONDOMINIUM UNITS AND 20 COMMERCIAL CONDOMINIUM UNITS. CONDOMINIUM MAPS WILL BE DEVELOPED UNDER SEPARATE INSTRUMENT. CONCRETE, STAMPED P.L.S. 8501 ABANDONMENT NOTE: ANY PORTION OF THE 20' RAILROAD SPUR TRACK EASEMENT QUITCLAIMED TO THE CITY OF WEST SACRAMENTO PER DOCUMENT 2011-0025867, THAT LIES WITHIN THE DISTINCTIVE BORDER OF THIS MAP, IS HEREBY ABANDONED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66434(G), BY THIS WRITTEN NOTATION, OMISSION FROM THIS MAP, AND THE CERTIFICATION OF THE CLERK OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO. 473

EAMES WALK

SILO ALLEY

SILO ALLEY

GARDEN ST

RIVERFRONT ST

CENTRAL ST

VICINITY MAP
ATTACHMENT 2
SITE

THE BARN
RESOLUTION 25-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING FINAL MAP 5242
WHEREAS, said Final Map for Subdivision 5242 has been prepared and presented to the City Council of the City of West Sacramento for approval; and WHEREAS, the subject Final Map is consistent with the approved tentative map and modifications, thereto; and
WHEREAS, all conditions of approval of the Tentative Map have been satisfied and said Final Map conforms to the requirements of the Subdivision Map Act and local ordinances.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Sacramento hereby approves Parcel Map 5242.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this 16th day of July, 2025 by the following vote:

AYES:

NOES:

ABSENT:
________________________________
Martha Guerrero, Mayor
ATTEST:
________________________________
Jennifer Cusmir, City Clerk
475
4917-0269-2417.2 007203.415 1
Attachment 4
Recording requested by
And when recorded mail to:

TBD Barn LLC
1530 J Street, Suite 200
Sacramento, CA 95814
Attn: Mark L. Friedman
(THIS SPACE FOR RECORDER’S USE ONLY)

FIRST AMENDMENT TO FACILITIES LEASE AGREEMENT
This First Amendment to Facilities Lease Agreement (“First Amendment”), dated as of _____________, 2025, is by and between the CITY OF WEST SACRAMENTO, a municipal corporation, as lessor (the "City"), and TBD BARN LLC, a California limited liability company, as lessee (the "Barn Partnership"). The City and the Barn Partnership are individually referred to herein as a “Party” and collectively referred to herein as “Parties.”

RECITALS
A. Pursuant to a Site Lease Agreement, dated February 19, 2015, as amended by that certain First Amendment to Site Lease Agreement dated August 22, 2016, and that certain Second Amendment to Site Lease Agreement dated the same date herewith (collectively, the “Site Lease Agreement”), Smart Growth Investors II, LLC, a California limited liability company (subsequently converted to Smart Growth Investors II, L.P., a California limited partnership) leased to the City certain real property, legally described in Exhibit B therein (the “Site”).

B. On or about February 19, 2015, the City subleased the Site to the Barn Partnership pursuant to that certain Facilities Lease Agreement, recorded in the Yolo County Official Records on May 5, 2015, as Instrument No. 2015-0011912-00 (the “Facilities Lease”).

C. Subsequently, Smart Growth Investors II, L.P. assigned its interest in the Barn Partnership to Smart Growth Investors III LLC, a California limited liability company, which assignment was not memorialized.

D. Because the Site boundary does not accurately reflect the location of the as-built improvements, the Site legal description in Exhibit B of the Site Facilities Lease needs to be modified to conform with the actual location of the improvements.

E. The Parties now desire to amend the Facilities Lease to modify and replace Exhibit B to conform to the location of the as-built improvements.

NOW, THEREFORE, it is mutually agreed between the City and the Barn Partnership:

1. Definitions. All capitalized terms shall have that meaning as defined in the Facilities Lease unless expressly defined to the contrary herein.

2. Exhibits. Exhibit B is hereby removed from the Facilities Lease and replaced by replacement Exhibit B, attached hereto and incorporated herein. 476
4917-0269-2417.2 007203.415 2

3. Miscellaneous.

3.1 No Other Amendments. The Parties agree that there are no other amendments to the Facilities Lease other than the amendment contained in this First Amendment, and that all other terms and conditions of the Facilities Lease are in full force and effect.

3.2 Conflict. In the event of conflict between the terms of the Facilities Lease and this First Amendment, the Parties intend that the terms and conditions contained in this First Amendment shall control and prevail.

3.3 Authority. Each of the parties to this First Amendment personally represents and warrants that he or she has full authority to sign this First Amendment on behalf of the party for which he or she signs.

3.4 Counterparts. This First Amendment may be executed in several counterparts, and may be delivered by facsimile or other means of electronic transmission, each of which shall be deemed an original.
(Signatures on Next Page)
477
4917-0269-2417.2 007203.415 3
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date first above written.

CITY: Barn Partnership:

City of West Sacramento, TBD Barn LLC,
a California municipal corporation a California limited liability company

By: By: Smart Growth Investors III, LLC,
Aaron Laurel, City Manager a California limited liability company Its: Sole Member
By: Fulcrum Property Corp.,
a California corporation
Its: Manager
By:

Name: Randolph S. Koss
Its: President

ATTEST:

By:

Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

By:

Jeffrey Mitchell, City Attorney
478
4917-0269-2417.2 007203.415
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Sacramento )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Yolo )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
479
4917-0269-2417.2 007203.415

EXHIBIT B
LEGAL DESCRIPTION OF THE SITE (RESULTANT PARCEL 3)
480
4917-0269-2417.2 007203.415 481
4928-4044-4205.2 007203.415 1
Recording requested by
And when recorded mail to:

Smart Growth Investors II, LP
1530 J Street, Suite 200
Sacramento, CA 95814
Attn: Mark L. Friedman
(THIS SPACE FOR RECORDER’S USE ONLY)

SECOND AMENDMENT TO SITE LEASE AGREEMENT
This Second Amendment to Site Lease Agreement (“Second Amendment”), dated as of _____________, 2025, is by and between SMART GROWTH INVESTORS III, LLC, a California limited liability company("SGI"), and the CITY OF WEST SACRAMENTO, a municipal corporation, as lessee (the "City"). SGI and the City are individually referred to herein as a “Party” and collectively referred to herein as “Parties.”

RECITALS
A. On or about February 19, 2015, Smart Growth Investors II, LLC, as lessor, and the City entered into that certain Site Lease Agreement, recorded in the Yolo County Official Records on May 5, 2015, as Instrument No. 2015-0011913-00, which was amended by the Parties on or about August 22, 2016 by that certain First Amendment to Site Lease Agreement, recorded in the Yolo County Official Records on September 2, 2016, as Instrument No. 2016-0025111-00 (collectively, the “Site Lease”).

B. Subsequently thereto, Smart Growth Investors II, LLC converted to Smart Growth Investors II, L.P., a California limited partnership. Thereafter, Smart Growth Investors II, L.P. assigned its interest in the Site Lease to SGI, which assignment was not memorialized.

C. Pursuant to the Site Lease, SGI leased to the City, certain real property legally described in Exhibit B to the Site Lease, and as shown in the Site Plan attached as Exhibit D to the Site Lease (“the “Site”). However, because the legal description and Site Plan do not accurately reflect the location of the as-built improvements, the exhibits need to be modified to conform with the actual location of the improvements.

D. The Parties now desire to amend the Site Lease to modify and replace Exhibits B and D to conform to the location of the as-built improvements.

NOW, THEREFORE, it is mutually agreed between SGI and City:

1. Definitions. All capitalized terms shall have that meaning as defined in the Site Lease unless expressly defined to the contrary herein.

2. Exhibits. Exhibits B and D are hereby removed from the Site Lease and replaced by replacement Exhibits B and D, attached hereto and incorporated herein.

3. Miscellaneous.
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4928-4044-4205.2 007203.415 2

3.1 No Other Amendments. SGI and the City agree that there are no other amendments to the Site Lease other than the amendment contained in this Second Amendment, and that all other terms and conditions of the Site Lease are in full force and effect.

3.2 Conflict. In the event of conflict between the terms of the Site Lease and this Second Amendment, the Parties intend that the terms and conditions contained in this Second Amendment shall control and prevail.

3.3 Authority. Each of the parties to this Second Amendment personally represents and warrants that he or she has full authority to sign this Second Amendment on behalf of the party for which he or she signs.

3.4 Counterparts. This Second Amendment may be executed in several counterparts, and may be delivered by facsimile or other means of electronic transmission, each of which shall be deemed an original.
(Signatures on Next Page)
483
4928-4044-4205.2 007203.415 3
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the date first above written.

CITY: SGI:

City of West Sacramento, Smart Growth Investors III LLC, a California municipal corporation a California limited liability company

By: By: Fulcrum Property Corp.,
Aaron Laurel, City Manager a California corporation
Its: Manager

By: _____________________
Name: Randolph S. Koss
Its: President
ATTEST:

By:

Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

By:

Jeffrey Mitchell, City Attorney
484
4928-4044-4205.2 007203.415
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Sacramento )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Yolo )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
485
4928-4044-4205.2 007203.415

EXHIBIT B
LEGAL DESCRIPTION OF SITE (RESULTANT PARCEL 3)
486
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4928-4044-4205.2 007203.415

EXHIBIT D
SITE PLAN (RESULTANT PARCEL 3)
488

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 16, 2025 ITEM # 14
SUBJECT:

CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 25-7

REGARDING PROPOSED ANNUAL OMNIBUS ZONING CODE AMENDMENTS TO TITLE 17 (ZONING) OF THE MUNICIPAL CODE
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Daniel Berumen, AICP, Senior Planner
Community Development Department
[ ] Commission [X] Staff
[ ] Other
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The item is a second reading of Ordinance 25-7 regarding proposed amendments to Title 17 (Zoning) of the Municipal Code for the annual omnibus code amendments.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Find that the proposed annual omnibus code amendments to Title 17 (Zoning) of the Municipal Code is exempt from California Environmental Quality Act (CEQA) review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15321 (Enforcement Actions by Regulatory Agencies) CEQA exemptions of the CEQA Guidelines; and

2. Waive the second reading and adopt Ordinance 25-7 (Attachment 2) amending Title 17 (Zoning) of the Municipal Code for the annual omnibus code amendments.

BACKGROUND
The Zoning Code requires regular updates to keep up with ongoing changes in the city. There are existing regulations that are no longer applicable, that require updating due to changes in State law, or that require process improvements based on real-world experience.

On May 1, 2025, the Planning Commission held a public hearing on the annual omnibus zoning code amendments. There were no public comments on the item. There was a question by a commissioner for clarification on Table 17.08.030 regarding the inclusion of minimum unit densities per the General Plan. Staff agreed to make this change within Table 17.08.030 which was made part of the recommended action. Following the public hearing, the Planning Commission decided to vote 4-0 to approve staff recommendation with the noted revision (Attachment 1). The revision is now incorporated in the ordinance reflected Table 17.08.030 for amendment item 6.

On June 4, 2025, the City Council held a public hearing on the annual omnibus zoning code amendments. There were no public comments on the item. The City Council had no questions on the item. Following the public hearing, the City Council decided to vote 5-0 to approve staff’s recommendation.

A summary list of the proposed amendments is described below:

1. Table 17.09.020 to allow multifamily projects with on-site affordable to be constructed in the MU-NC as a permitted use by right;

2. Chapter 17.08 (Residential Zones) to allow duplexes to be permitted in the R-1 zone;

3. Chapter 17.08 (Residential Zones) to remove Minimum Lot Depth to Width Ratio;

4. Section 17.08.030 correct grammatical error;

5. Zero Lot Line Finding D in 17.38.060;

6. Table 17.08.030 - Residential Zones include minimum unit densities per the General Plan;

7. Section 17.34.060 Summary of Review Authorities for Decisions and Appeals;

8. Section 17.35.060 (Public Notice) to establish increased noticing requirement based on AB2904;

9. Update Section 17.50 (Use Classifications) to revise Construction and material yard;

10. Update Section 17.51.020 (Definitions) for Lot area to clarify is gross acreage for size and density;

11. Update Section 17.51.020 (Definitions) for Outdoor storage and Parking lots and structures to exclude the parking of Semi-Trailer Trucks.
489

ANALYSIS
Staff have proposed changes to the Municipal Code summarized below. Bold/underline text reflects proposed additions to the existing code, while language proposed for deletion is noted in strikeout text. A summary of the proposed change is also noted for each item.

1. Table 17.09.020: Allow multifamily projects with on-site affordable to be constructed in the MU-NC as permitted use by right.

TABLE 17.09.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE ZONES "P" = Permitted use "C" = Conditional Use Permit required "M" = Minor Use Permit required "-" Use not allowed
Use Classification CBD C CH MU-NC
Specific Limitations:
(1) Permitted on upper stories in a mixed-use development. Ground floor residential and residential-only development is allowed subject to Conditional Use Permit approval.
(2) Permitted on upper stories in a mixed-use development. (3) Permitted on upper stories and in the rear of the site where nonresidential space with a minimum depth of 45 feet is provided along the street frontage.

Street fronting residential and residential-only development is allowed subject to Conditional Use Permit approval.
(4)
(5)
Only as accessory to a fueling station.

Allow multi-unit residential projects only with at least 10% on-site affordable to be permitted by right in the MU-NC zone.

Summary Analysis: As it currently stands, multi-unit residential-only is not permitted in the Mixed-Use Neighborhood Commercial Zoning District without a conditional use permit. To promote additional affordable housing options in more areas of the city, staff request multi-unit residential-only with at least 10% on-site affordable housing (no in lieu fees) to be permitted by right in the MU-NC zone. To qualify, the project shall be at the max density as described in the Zoning Code and General Plan.

2. Chapter 17.08 (Residential Zones): Allow duplexes (two-unit dwelling) in the R-1 zone.

TABLE 17.08.020: LAND USE REGULATIONS—RESIDENTIAL ZONES "P" = Permitted use "C" = Conditional Use Permit required "M" = Minor Use Permit required "-" Use not allowed
Use Classification RE RRA R-1 R-2 R-2.5 R-3 Additional Regulations Residential Uses
Residential Housing Types See subclassifications below
Single-Unit Dwelling, Detached P P P P M C
Single-Unit Dwelling, Attached - - P P P M
Two-Unit Dwelling - - P P P C
Multi-Unit Residential - - - P P P
Accessory Dwelling Unit P P P P P P See §17.30.040, Accessory Dwelling Units
Residential Facility, Assisted
Living
- - - P P P
Single-Room Occupancy C C C C P P See §17.30.200, Single-Room Occupancy
490
Summary Analysis: This amendment is dictated by State law. Effective 2022, SB 9 allows for the ministerial (or staff-level) approval of residential development projects containing up to two (2) residential units (i.e. two-unit dwellings) on single-family zoned parcels. Currently, only one primary dwelling unit is allowed in the R-1 zoning district. The change would allow up to two (2) primary dwellings along with an Accessory Dwelling Unit (ADU) in R-1.

3. Chapter 17.08 (Residential Zones): Remove Minimum Lot Depth to Width Ratio.

TABLE 17.08.030: DEVELOPMENT STANDARDS—RESIDENTIAL ZONES Standard RE RRA R-1 R-2 R-2.5 R-3 Additional Regulations Lot and Density Standards
Maximum Density
(units/acre)

0.4 1 6 12 20 50
Minimum Lot Size
(square feet, unless
otherwise
indicated)

2.5 acres
(A)
1 acre
R-1A:
5,000
R-1B:
6,000
5,000 10,000 20,000 In the R-1, R-2, R-2.5, and R-3 Zones, smaller lots may be allowed through
Conditional Use Permit approval pursuant
to §17.08.040.C, Small Lot Single-Unit
Development
Minimum Lot Width
(feet)
100 100 50 50 80 100
Corner Lot (feet) 110 110 60 60 90 110
Minimum Lot Depth
to Width Ratio
3:1 3:1 3:1 3:1 3:1 3:1
Maximum Lot
Coverage (% of lot)
25 25 50 50 60 70
Summary Analysis: Based on staff feedback, a minimum lot depth to width ratio should not be primarily used to evaluate the basis of a proposed lot. City staff recognize that the other noted standards, including minimum lot size and minimum lot width, are sufficient standards to maintain orderly development of newly created lots. Minimum lot depth to width ratio should be removed.

4. Section 17.38.060 (C): Correct grammatical error.

17.38.060 (C ) - The proposed use will not be averse adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.

Summary Analysis: Fixing minor grammatical error.

5. 17.08.030 Development Standards for Zero Lot Line Agreements d. Zero Lot Lines shall be recorded to be considered executed. Applicants shall submit all completed documents ready for recordation to the City.

Summary Analysis: The City has experienced cases where zero lot line agreements have gone through the process of approval both from the City and residents, but not officially recorded with the County. It is in the City’s interest that zero lot lines be recorded to be considered executed. Applicants should submit all completed documents ready for recordation to the City, and staff will deliver or have a title company send over to the county recorder.

6. Table 17.08.030: Residential Zones to include minimum unit densities per the General Plan.

TABLE 17.08.030: DEVELOPMENT STANDARDS—RESIDENTIAL ZONES Standard RE RRA R-1 R-2 R-2.5 R-3 Additional Regulations Lot and Density Standards
491
TABLE 17.08.030: DEVELOPMENT STANDARDS—RESIDENTIAL ZONES Standard RE RRA R-1 R-2 R-2.5 R-3 Additional Regulations Minimum/ Maximum Density
(units/acre)

0.4 1 1.1 - 6 6.1 - 12 12.1 - 20 20.1 - 50
Summary Analysis: For further clarity for staff and the public, staff proposes the addition of minimum densities for residential zones to match the minimum densities in the General Plan. The minimum densities would be reflected in Table 17.08.030. Residential Zones RE (Rural Estates) and RRA (Residential Rural Agricultural) would not have minimum density standards since the density is currently less than 1 dwelling unit per acre in each of those zoning districts. The changes would be as follows: RE (-), RRA (-), R-1 (1.1-6 du/acre), R-2 (6.1-12), R-2.5 (12.1-20), R-3 (20.1-50).

7. Section 17.34.060: Summary of Review Authorities for Decisions and Appeals.

17.34.060 - When a proposed project requires more than one (1) permit with more than one (1) approving authority, all project permits shall be processed concurrently, and final action shall be taken by the highest-level designated approving authority for all requested permits.

Summary Analysis: Currently, 17.34.060, reads, where a land use project requires more than one type of application, all permit requests shall be reviewed and decided on by the highest Review Authority established for any of the applications. This amendment is meant to clarify which review body is responsible for holding the review hearing where a land use project requires more than one type of application.

8. Section 17.35.060 – Public Noticing Requirements.

G. The City shall require notice of a Planning Commission’s hearing on a proposed zoning ordinance or amendment to a zoning ordinance, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, to be published, posted, mailed, delivered, advertised, as applicable, at least 20 days before the hearing.

Summary Analysis: Per existing Municipal Code, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, it requires notice of the hearing to be, among other things, mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property. Based on AB2094, a city must provide at least 20 days’ notice of any zoning ordinance or amendment to zoning ordinance that affects permitted uses of real property, an increase of 10 days.

9. Section 17.50 (Use Classifications) to revise Construction and material yard definition.

New Definition: Construction and materials yard: A designated area used for the outdoor storage and maintenance of construction equipment, materials, and supplies. This area may also include accessory structures including but not limited to offices or other structures related to the construction process.

Summary Analysis: The current definition of construction and material yards is limited because it does not include buildings and structures that would normally be permitted for this type of land use. Staff requests revision of the current definition which reads: storage of construction materials or equipment on a site other than a construction site.

10. Section 17.51.020 (Definitions) for Lot area to clarify is gross acreage.

Lot area. The gross area of a lot measured horizontally between bounding lot lines.

Summary Analysis: To clarify the lot area definition, staff are adding that lot size is gross acreage for size and density calculations not net acreage.

11. Update Section 17.51.020 (Definitions) for Outdoor storage and Parking lots and structures to exclude the parking of semi-trailer trucks.

New Definition: Outdoor storage. Storage of commercial goods in open lots. Parking of tractor trailers or semi-trucks is not permitted.
492
New Definition: Parking lots and structures. Surface lots and structures offering parking for a fee when such use is not incidental to another on-site activity. Parking of tractor trailers or semi-trucks is not permitted.

Summary Analysis: Staff is amending the land use category for tractor trailer/ semi-truck in employment zones excluding BP (Business Park) zone. The amendment would add that tractor trailers/ semi-trucks would not be permitted in outdoor storage or parking lots and structure. Currently, parking of tractors and semi-trucks would be permitted via a conditional use permit in the M-2 and M-3 zoning districts under Freight/ trucking facilities.

Environmental Considerations
This project is exempt from CEQA review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15321 (Enforcement Actions by Regulatory Agencies) CEQA exemptions of the CEQA Guidelines.

Strategic Plan Integration
This project advances the City Council’s 2024 Strategic Management Priorities: Development Services Enhancements.

Alternatives
The City Council’s primary alternatives are summarized below.

1. Adopt Ordinance 25-7 amending Title 17 (Zoning) of the Municipal Code; or

2. Deny adoption of Ordinance 25-7 at this time; and/or

3. Continue the item to a future date and request additional information be provided at that time.

Alternative #1 is the staff’s recommendation. While not recommended, staff is prepared to effectuate Alternatives #2 or #3 at the City Council’s discretion.

Coordination and Review
The project was coordinated with staff from the City Attorney’s Office and Community Development Department.

Budget/Cost Impact
There is minimal budget impact associated with the recommended actions.

ATTACHMENTS

1. PC Resolution 25-7PC

2. Ordinance 25-7
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Attachment 1
RESOLUTION 25-7PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF WEST SACRAMENTO

RECOMMENDING APPROVAL OF PROPOSED CHANGES
TO TITLE 17 (ZONING)

OF THE MUNICIPAL CODE
WHEREAS, the City of West Sacramento desires to promote and protect the public health, safety, comfort, convenience, and general welfare; to provide a plan for sound and orderly development, and to ensure social and economic stability through adoption of a Zoning Code; and
WHEREAS, the proposed revisions to amend Title 17 (Zoning) of the Municipal Code include: Table 17.09.020 to allow multifamily projects with on-site affordable housing units to be constructed in the MU-NC as a permitted use by right; Chapter 17.08 (Residential Zones) to allow two-unit dwellings to be permitted in the R-1 zone; Tables 17.07.030 (Agricultural Zone),

17.08.030 (Residential Zones), 17.09.030 (Commercial and Mixed-Use Zones), and 17.10.030 (Employment Zones) to remove Minimum Lot Depth to Width Ratio; Fix grammatical error in Finding C in Section 17.08.030; Zero Lot Line Finding D in 17.08.030(C) (2); Table 17.08.030 - Residential Zones include minimum unit densities per the General Plan; Section 17.34.060 Summary of Review Authorities for Decisions and Appeals; Section 17.35.060 (Public Notice) to establish increased noticing requirement based on AB2904; Update Section 17.50 (Use Classifications) to revise Construction and material yard definition; Update Section 17.51.020 (Definitions) for Lot area; Section 17.51.020 (Definitions) for Outdoor storage and Parking lots and structures to exclude the parking of Semi-Trailer Trucks.

WHEREAS, the proposed changes to Title 17 (Zoning) of the Municipal Code are exempt from CEQA review pursuant to §15305 (Minor Alterations in Land Use Limitations) and Class 21 (Enforcement Actions by Regulatory Agencies) CEQA exemption of the CEQA Guidelines; and
WHEREAS, at a duly noticed public hearing on May 1, 2025, the Planning Commission considered public comments as part of a duly noticed public hearing; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission recommends that the City Council take the following action:

1. Find that the project is exempt from California Environmental Quality Act (CEQA) review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15321 (Enforcement Actions by Regulatory Agencies) CEQA exemption of the CEQA Guidelines; and

2. Adopt the proposed changes to Title 17 (Zoning) of the Municipal Code for the annual omnibus zoning code amendments as recommended by the Planning Commission.

PASSED AND ADOPTED by the Planning Commission of the City of West Sacramento on this 1
st day of May 2025, by the following vote:

AYES: Jackson, Olivarez, Sablan, Wong
NOES: None
ABSTAIN: None
ABSENT: Andersen, Delgado, Linker, Squires
Docusign Envelope ID: 1BE8117D-4AB0-43AF-9C13-008C142B9FF4 494
_____
Dolores Olivarez,
Acting Planning Commission Chairperson
ATTEST:

Seamus Laffey, Secretary
Docusign Envelope ID: 1BE8117D-4AB0-43AF-9C13-008C142B9FF4 495
Attachment 2
ORDINANCE 25-7

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF WEST SACRAMENTO
AMENDING TITLE 17 OF THE

WEST SACRAMENTO MUNICIPAL CODE
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of the Ordinance is to make amendments to Title 17 (Zoning) including the following: This item is a public hearing regarding proposed amendments to Title 17 (Zoning) of the Municipal Code. The proposed sections to be amended in the Zoning Code are as follows:

Section 2. Amendments. The following sections of the West Sacramento Municipal Code are hereby amended to read as follows:

1. Table 17.09.020: Allow multifamily projects with on-site affordable to be constructed in the MU-NC as a permitted use by right;

2. Chapter 17.08 (Residential Zones): Allow two-unit dwellings to be permitted in the R-1 Zone;

3. Tables 17.07.030 (Agricultural Zone), 17.08.030 (Residential Zones), 17.09.030 (Commercial and Mixed-Use Zones), and 17.10.030 (Employment Zones): Remove Minimum Lot Depth to Width Ratio.

4. Section 17.38.060 Finding C: Correct grammatical error;

5. Section 17.08.030 (C) (2) Zero Lot Line Agreement;

6. Table 17.08.030 (Residential Zones): Include minimum unit densities per the General Plan;

7. Section 17.34.060: Amend Summary of Review Authorities for Decisions and Appeals;

8. Section 17.35.060 (Public Notice): Establish increased noticing requirement based on AB2904;

9. Section 17.50 (Use Classifications): Revise definition for Construction and material yard;

10. Section 17.51.020 (Definitions): Revise definition for Lot area;

11. Section 17.51.020 (Definitions): Revise definitions for Outdoor storage and Parking lots and structures.

Zoning Code Amendments

1. Amend Table 17.09.020 to allow multifamily projects with on-site affordable to be constructed in the MU-NC as a permitted use by right.

TABLE 17.09.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED USE ZONES "P" = Permitted use "C" = Conditional Use Permit required "M" = Minor Use Permit required "-" Use not allowed
Use Classification CBD C CH MU-NC
Specific Limitations:
(1) Permitted on upper stories in a mixed-use development. Ground floor residential and residential-only development is allowed subject to Conditional Use Permit approval. (2) Permitted on upper stories in a mixed-use development. (3) Permitted on upper stories and in the rear of the site where nonresidential space with a minimum depth of 45 feet is provided along the street frontage. Street fronting residential and residential-only development is allowed subject to Conditional Use Permit approval.
(4) Only as accessory to a fueling station.
(5) Allow multi-unit residential projects only with at least 10% on-site affordable to be permitted by right in the MU-NC zone

2. Chapter 17.08 (Residential Zones) - allow two-unit dwellings in the R-1 zone. 496
Ordinance 25-7

TABLE 17.08.020: LAND USE REGULATIONS—RESIDENTIAL ZONES "P" = Permitted use "C" = Conditional Use Permit
required "M" = Minor Use Permit required "-" Use not
allowed
Use Classification RE RRA R-1 R-2 R-2.5 R-3 Additional Regulations Residential Uses
Residential Housing Types See subclassifications below
Single-Unit Dwelling, Detached P P P P M C
Single-Unit Dwelling, Attached - - P P P M
Two-Unit Dwelling - - P P P C
Multi-Unit Residential - - - P P P
Accessory Dwelling Unit P P P P P P See §17.30.040, Accessory Dwelling Units
Residential Facility, Assisted Living - - - P P P
Single-Room Occupancy C C C C P P See §17.30.200, Single-Room Occupancy

3. Tables 17.07.030 (Agricultural Zone), 17.08.030 (Residential Zones), 17.09.030 (Commercial and Mixed-Use Zones), and 17.10.030 (Employment Zones): Remove Minimum Lot Depth to Width Ratio.

TABLE 17.07.030: DEVELOPMENT STANDARDS—AGRICULTURAL ZONE Standard AG Additional Regulations
Lot and Density Standards
Minimum Lot
Depth to Width
Ratio
4:1
TABLE 17.08.030: DEVELOPMENT STANDARDS—RESIDENTIAL ZONES Standard RE RRA R-1 R-2 R-2.5 R-3 Additional Regulations Lot and Density Standards
Minimum Lot
Depth to Width
Ratio
3:1 3:1 3:1 3:1 3:1 3:1
TABLE 17.09.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED USE ZONES Standard CBD C CH MU-NC MU-C WF Additional Regulations
Lot, Density, and Open Space
Maximum Lot
Depth to Width
Ratio
4:1 4:1 4:1 4:1 4:1 4:1
TABLE 17.10.030: DEVELOPMENT STANDARDS—EMPLOYMENT ZONES Use Classification M-L M-1 M-2 M-3 B-P Additional Regulations Lot and Density Standards
Minimum Lot Depth to Width
Ratio
4:1 4:1 4:1 4:1 4:1

4. Update the wording of Finding C in 17.38.060.

17.38.060 (C): The proposed use will not be averse adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements. 497
Ordinance 25-7

5. Update 17.08.030 Development Standards for Zero Lot Line Agreements.

D. Zero Lot Lines shall be recorded to be considered executed. Applicants shall submit all completed documents ready for recordation, staff will deliver or have a title company send to the county recorder.

6. Table 17.08.030 - Residential Zones to include minimum unit densities per the General Plan.

TABLE 17.08.030: DEVELOPMENT STANDARDS—RESIDENTIAL ZONES Standard RE RRA R-1 R-2 R-2.5 R-3 Additional Regulations Lot and Density Standards
Minimum/ Maximum Density
(units/acre)

0.4 1 1.1 - 6 6.1 - 12 12.1 - 20 20.1 - 50

7. 17.34.060 - Summary of Review Authorities for Decisions and Appeals

17.34.060 - When a proposed project requires more than one (1) permit with more than one (1) approving authority, all project permits shall be processed concurrently, and final action shall be taken by the highest-level designated approving authority for all requested permits.

8. Section 17.35.060 – Public Noticing Requirements
G. The City shall require notice of a planning commission’s hearing on a proposed zoning ordinance or amendment to a zoning ordinance, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, to be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing.

List of Terms and Definitions:

9. Section 17.50 (Use Classifications) to revise Construction and material yard definition. (New Definition) Construction and material yard: A designated area used for the outdoor storage and maintenance of construction equipment, materials, and supplies. This area may also include accessory structures including but not limited to offices or other structures related to the construction process.

10. Section 17.51.020 (Definitions) for Lot area to clarify is gross acreage; Lot area. The gross area of a lot measured horizontally between bounding lot lines.

11. Section 17.51.020 (Definitions) for Outdoor storage and Parking lots and structures to exclude the parking of semi-trailer trucks.

Outdoor storage. Storage of commercial goods in open lots. The parking of tractor trailers/ semi- trucks is not permitted.

Parking lots and structures. Surface lots and structures offering parking for a fee when such use is not incidental to another on-site activity. The parking of tractor trailers/ semi-trucks is not permitted.

Section 3. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable. 498
Ordinance 25-7

Section 4. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this 16th day of July 2025, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

APPROVED AS TO FORM:

Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY _X UNCODIFY
499

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 16, 2025 ITEM # 15
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 25-68 APPROVING THE

APPLICATION FOR LAND AND WATER CONSERVATION FUND GRANT PROGRAM

FUNDS FOR THE ARLINGTON NEIGHBORHOOD PARK PROJECT
INNITIATED OR REQUESTED BY: R REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Erin Ayala, Business Manager
Parks and Recreation Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
This report requests City Council consideration of adoption of Resolution 25-68 which authorizes the submittal of an application to California State Parks for the Land and Water Conservation Fund Grant Program.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Find that this project is exempt from further environmental review to CEQA pursuant to CEQA Guidelines § 15316 (transfer of Ownership of Land in Order to Create Parks);

2. Adopt Resolution 25-68 (Attachment 1) approving an application to California State Parks for the Land and Water Conservation Fund Grant program to fund the Arlington Neighborhood Park Project; and

3. Adopt the Notice of Exemption (Attachment 3) and direct staff to file it with the County Recorder and the State Clearinghouse.

BACKGROUND
The City Council approved General Plan 2035 on November 16, 2016. The General Plan 2035 guides how the City should develop over time and specifies locations for various land uses, transportation improvements, new parks and open spaces, and other public infrastructure.

The City’s Parks, Recreation and Open Space (PROS) Master Plan was approved by City Council on April 17, 2019, and provides a comprehensive approach for planning, funding, developing, and maintaining parks and recreation facilities and programs over the next 10 years. The 10-Year Capital Improvement plan within the PROS identifies and prioritizes existing and future park facilities. The development of a neighborhood park (Arlington Neighborhood Park) at the Barge Canal Recreational access area is identified as a visionary project that represents services and facilities desired by the community. The Arlington Neighborhood Park property is located at the end of Arlington Road and is currently owned by the City. The park is anticipated to have a very small footprint, and construction was anticipated to be completed contemporaneously with the development of the adjacent parcel.

The City’s 2035 General Plan prioritizes utilizing the Sacramento River and for recreation purposes. The 2035 General Plan includes a Level of Service standard goal of 5 acres per 1,000 residents, resulting in a current deficiency of 72 developed acres. To keep up with the projected population growth, the City will need to add a total of 110 developed acres to the parks and recreation system by the year 2028 in order to achieve the recommended standard.

The Land and Water Conservation Fund (LWCF) provides funding to preserve and develop outdoor recreation resources, including parks, trails, and wildlife lands. Congress created the fund in 1965 with the passage of the Land and Water Conservation Fund Act, which authorizes the Secretary of the Interior to provide financial assistance to states for the acquisition and development of public outdoor recreation areas. Because the intent of this program is to preserve and protect our natural resources, a requirement of the grant is that any park funded for acquisition of development using LWCF grant funding must be dedicated in perpetuity for public outdoor recreation. The maximum grant award is $6 million per project, and the grant funding cannot exceed 50% of the overall project cost, and project can be for either development or acquisition, but not both.

ANALYSIS
The proposed neighborhood park at the end of Arlington Road and the Barge Canal is located in a portion of the community that lacks sufficient access to green space. The property adjacent to the Barge Canal is currently owned by the Port of West Sacramento. Due to the property’s proximity to a waterfront, the property has been 500
Consideration of Adoption of Resolution 25-68
July 16, 2025

a highly desirable site for high-density residential development, multiple developers have submitted development proposals. Staff saw this as an opportunity to explore applying for grant funding and acquiring the property from the Port to add an additional 27.68 acres of park space and 4.23 acres of trails to the City’s parks and recreation system (Attachment 2).

The majority of the property is comprised of natural open space and Heritage Oak Trees, and it is directly adjacent to the Barge Canal Recreation Access area. The Barge Canal Access area includes a parking lot, a boat ramp, and Class 1 bike trail with seating areas along the waterfront. The outdoor recreation space area is currently enjoyed by cyclists, walkers, joggers, kayakers, and fishing enthusiasts. Purchasing property from the Port would allow the City to create a new, much larger neighborhood park, that will connect directly with City’s extensive multi-modal trail network. This new park is intended to algin with four primary design principles in mind:
 The celebration of the natural beauty of the site
 Preservation of the mature Oak Tree groves
 Recreation elements that are viable at this location
 Inclusive waterfront recreation opportunities
The following recreation elements are examples of what could be possible at this location:
 Community garden
 Paved parking lot
 Dog park
 Bird watching area
 Playground
 Bocce Ball
 Disc Golf
 Natural/Native Landscaping
 Restroom
 Kayak/Paddle Board rental kiosk
 Outdoor classroom
 Outdoor Amphitheatre
 Fitness/Walking Loops
A community engagement event was held on June 10, 2025, at the Barge Canal Recreational Access Area to gather feedback from the residents on what they would like to see in this new and expanded neighborhood park if the grant is awarded. Residents indicated their preferences by placing colored dots on a set of inspirational image boards associated with the expanded park footprint. More than 40 people participated in the event. When asked about their preferred experience at the park, the most popular response was having a nature trail, followed by having access to restroom facility, and additional shade elements. Riverside gathering spaces, accessible fishing locations, and boat launch facilities were also identified as priorities. In terms of recreation features, a children’s play area was the top priority for the participants. A kiosk for water sports equipment rentals was also desired, along with fitness loops, volleyball, futsal/multi-use courts, and fitness stations.

As part of the grant application, the City will be required to identify the source of funding for cash flowing the acquisition and the source of the City match funding. Staff has identified multiple funding sources and propose the potential use of future EIFD funding as the primary source however the Council is not approving the funding source at this time.

Environmental Considerations
This project is categorically exempt from CEQA pursuant to Class 16, Section 15316 of the CEQA Guidelines.

Class 16 consists of the acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either:
(a) The management plan for the park has not been prepared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historical or archaeological resources (if any).

CEQA will apply if or when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of historic or archaeological resources (if present).

Commission Recommendation
A workshop on the Arlington Neighborhood Park Project was brought to the June 3, 2025, meeting of the Parks, Recreation, and Intergenerational Services Commission. Commissioners were asked for feedback related to overall experience, desired recreation amenities, and overall park theming. The Commission was very supportive of the project and encouraged staff to incorporate inclusive and water safety elements in the park.

Commissioners supported the natural theming of the park, a flexible green space for gatherings or informal play, and additional seating and hydration stations.
501
Consideration of Adoption of Resolution 25-68
July 16, 2025

Strategic Plan Integration
The Arlington Neighborhood Park Project, as a future waterfront recreation destination, aligns with the City’s 2025 Strategic Plan Priority – Parks & Open Space – Provide diverse outdoor options for recreation and community with nature at any age.

Alternatives
In addition to the recommended action, the City Council may also choose to:

1. Approve the grant application with modifications to the project scope or grant amount.

2. Elect not to support submission of the grant application.

These alternatives are not recommended, as the Arlington Neighborhood Park has been identified as a visionary project in the City’s Parks Open Space Master Plan that represents services and facilities desired by the community.

Coordination and Review
This report has been prepared in collaboration with Capital Projects, Community Development, Finance, City Manager’s Office, and the City Attorney.

Budget/Cost Impact
There is no budget impact associated with this action, however if the City is awarded grant funding, approximately $4.5 million dollars will be received from the LWCF grant program. The City would be required to provide match funding of approximately $4.5 million. The City has identified this property as a potential project to be funded through EIFD funds, pending City Council final approval.

ATTACHMENTS

1. Resolution 25-68

2. Location Map for Arlington Neighborhood Park

3. Notice of Exemption
502
RESOLUTION 25-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WT SACRAMENTO

APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND

GRANT PROGRAM FOR THE ARLINGTON NEIGHBORHOOD PARK PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and
WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Sacramento hereby:

1. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed Arlington Park Neighborhood Park Project.

2. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the thenexisting comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”

4. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed; and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

6. Appoints the City Manager as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.

Attachment 1
503
Resolution 25-68

PASSED AND ADOPTED this 16th day of July, 2025. I, the undersigned, hereby certify that the foregoing Resolution 25-68 was duly adopted by the City Council of the City of West Sacramento.

Following a roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
504
Port-owned Property City-owned Property
Attachment 2
505

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

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

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
506 Revised 2011

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 16, 2025 ITEM # 16
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 25-72 AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET; APPROVAL OF THE PROJECT PLANS AND SPECIFICATIONS; AND AWARD OF A CONSTRUCTION CONTRACT TO IMAGECON, INC FOR THE HERITAGE OAKS PARK IMPROVEMENTS PROJECT (CIP 62134) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Chris Surawski, Senior Project Manager
Parks & Recreation 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 adopt Resolution 25-72, amending the Capital Improvement Program (CIP), approve the project plans and specifications, and award a construction contract to the lowest responsive, responsible bidder, Imagecon, Inc, for the Heritage Oaks Park Improvements Project (CIP 62134).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that approval of a construction contract with Imagecon, Inc is exempt from the California Environmental Quality Act (CEQA) pursuant to Categorical Exemptions under California Code of Regulations, Title 14, Divisions 6, Chapter 3 (CEQA Guidelines), Sections 15301, 15303, and 15304, and find that the determination represents the independent judgement of the City; 2) Adopt Resolution 25-72 amending the Capital Improvement Program budget (Attachment 1); 3) Award a contract for construction services to the lowest responsive, responsible bidder, Imagecon, Inc in the amount of $4,147,748 for the Heritage Oaks Park Master Plan Implementation Project (Attachment 2);
4) Authorize the City Manager, or his designee, to execute a construction contract with Imagecon, Inc in the amount of $4,147,748;
5) Authorize the City Manager, or his designee, to make contract amendments up to 20% ($829,550) of the total contract value;
6) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the contract, with approval from the City Attorney; and 7) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

BACKGROUND
The Heritage Oaks Park site is a 9.1-acre park site designated as a Community Park in the City's General Plan and Parks, Recreation and Open Space Master Plan. The park property was accepted by the City in 2016 as part of an adjacent development project to preserve and provide public access to the existing 162 trees on site (83 of which are native Heritage Oaks) and to offer new recreation opportunities for the entire community. The site is partially developed with improvements made by concessionaire in 2020, including a small concession building with a restroom, a parking lot, and a play area for public use.

In July 2022, the California Department of Parks and Recreation announced the recommendations to the National Park Service for $45 million in Land and Water Conservation Fund (LWCF) grants for 16 local park projects. The City of West Sacramento was selected to receive a grant for $3,000,000 that will require the city to match with a minimum of $3,000,000 for a total of $6,000,000 to be used for the design and construction of Heritage Oaks Park.

In March 2023, the city contracted the park design with Melton Design Group to assist with additional community engagement efforts and complete the park improvement plans and specifications for construction. The park improvements include a new public plaza, picnic pavilion, nature-themed play area, interactive water feature, BMX skills course with skate elements, demonstration garden, fitness stations, walking paths, an elevated boardwalk, educational signage, a restroom building and an expanded parking lot. 507
Construction Contract to Imagecon, Inc for the Heritage Oaks Park Improvements Project (CIP 62134) July 16, 2025

ANALYSIS
On May 13, 2025, in accordance with the Public Contract Code, the Heritage Oaks Park Improvement Project (25-008-ITB) was publicly advertised for construction through OpenGov, the City’s eProcurement portal, as well as in the West Sacramento News Ledger and on the City’s official website.At the close of the bidding period on June 10, 2025, five (5) proposals were received. The results are as follows:

Table 1: Bid Results
Rank Contractor Total Bid
1 Imagecon, Inc $4,147,748.00
2 Olympic Land-Construction Inc $4,509,896.50
3 Abide Builders, Inc $5,138,464.25
4 TSI Engineering Inc $5,708,722.33
5 JPB Designs Inc $8,319,119.00
Based on a thorough evaluation, staff identified Imagecon, Inc., as the lowest responsive and responsible bidder.

Therefore, staff recommends that the City Council approve awarding the construction contract to Imagecon, Inc., for the bid amount of $4,147,748.

Environmental Considerations
The construction contract for Heritage Oaks Park is exempt from the California Environmental Quality Act (CEQA) pursuant to Categorical Exemptions under California Code of Regulations, Title 14, Divisions 6, Chapter 3 (CEQA Guidelines), Sections 15301, 15303, and 15304. On November 16, 2016, the City Council certified the General Plan 2035 Environmental Impact Report (EIR). The EIR was prepared specifically to allow maximum streamlined review of subsequent projects that are found to be consistent with General Plan in terms of land use, density, etc. On January 17, 2018, staff prepared a technical memorandum to fully analyze any potential impacts associated with developing the Heritage Oaks Park site improvements. Based on the analysis presented in the technical memorandum, the proposed Project was found to be within the scope of the EIR prepared for the General Plan 2035, and no new or substantially more adverse impacts would occur through implementation of the park Project. As a result, the City Council certified that no new environmental document was required, consistent with State CEQA Guidelines Sections 15162 and 15168(c)(2). A NOE will also be filed in conjunction with the approval of this contract.

Commission Recommendation
Staff has provided regular updates on the Heritage Oaks Park Master Plan Implementation Project to the Parks, Recreation and Intergenerational Services Commission. The Commission has continuously expressed support for moving forward with the Project to help complete the site improvements and address unmet recreation needs of the community.

Strategic Plan Integration
The Heritage Oaks Park Improvement Project supports the City’s 2019 Strategic Plan Management Agenda High Priority item: “Parks, Recreation and Open Space Master Plan Implementation.” 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 that the Council proceed with Alternative 1, as Alternative 2 is not recommended due to its potential to significantly delay the project and put the grant funding in jeopardy due to not meeting schedule milestones. The consequence of not meeting the grant deadline could require the City to return the grant funds received.

Alternative 3 is not recommended because not approving the recommended action or cancelling the project would forfeit vital state grant funding, hinder the much-needed revitalization of a key community asset, and ultimately limit opportunities for enhanced recreation and community engagement. This decision would negatively impact on our residents and undermine our commitment to fostering a vibrant, sustainable community. 508
Construction Contract to Imagecon, Inc for the Heritage Oaks Park Improvements Project (CIP 62134) July 16, 2025

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

Budget/Cost Impact
Funding for the Heritage Oaks Park Improvements Project was approved as part of the City’s adopted Biennial Budget for Fiscal Years 21/22 and 22/23. Additional funding request through Resolution 23-11 in the amount of $400,000 was used to cover the additional master plan design costs. Construction funding was secured through the adoption of Resolution 23-57 as part of the Biennial Budget for Fiscal Year 23/24 and 24/25 which identified $3,000,000 from the Park Impact Fund, and $3,000,000 of funding from the Land and Water Conservation Fund grant program on June 28, 2023. Staff will explore potential EIFD funding in the future to possibly replace the Park Impact Fee funding which would allow Park Impact Fees to go towards the improvements at Arlington Neighborhood Park. Additional funding of $962,378 from the Park Impact Fee Fund is requested in Resolution 25-72.

Table 2: Current and Future Project Expenses
Design Phase
Melton Design Group $489,000
Design Contingency $73,350
ESA $49,722
Staff Time/ICAP $156,977
Permitting Fees $18,186
Construction Phase
Prepurchase Items (playground equipment, restroom, trash enclosure, shade shelter, and fitness stations)
$1,380,513
Contractor $4,147,748
Construction Contingencies $829,550
Staff Time/ICAP $366,100
Labor Compliance/Special Inspections/Permit Fees $140,000 ESA $98,505
1% Public Art Fee $41,477
Total Project Cost $7,791,128
Breakdown
Total Projected Costs $7,791,128
Current Funds Allocated to CIP 62134 $6,828,750
Additional Funding Needed $962,378
Table 3: Project Funding Sources
Funding Sources
Park Impact Fund $3,828,750
Land and Water Conservation Fund Grant Funding $3,000,000 Total Funding $6,828,750

ATTACHMENTS

1. Resolution 25-72

2. PAR25-201 Imagecon, Inc. Construction Contract

3. Vicinity Map

4. NOE
509
Attachment 1
RESOLUTION 25-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING AMENDMENTS OF $962,378 TO THE HERITAGE OAKS PARK

IMPROVEMENTS PROJECT BUDGET FOR
FISCAL YEAR 2025-26
WHEREAS, the City Council adopted the biennial Capital Improvement Program (CIP) budget for Fiscal Years 2023-24 and 2024-25 on June 28, 2023, via adoption of Resolution 23- 57; and
WHEREAS, the City Council adopted mid-term amendments to the Capital Improvement Program (CIP) budget for Fiscal Year 2024/25 on March 19, 2025, via Resolution 25-41; and
WHEREAS, the City Council adopted the biennial Capital Improvement Program (CIP) budget for Fiscal Years 2025-26 and 2026-27 on June 18, 2025, via adoption of Resolution 25- 71; and
WHEREAS, based upon information received subsequent to the adoption of the budget, the City Manager has prepared and proposed an amendment to budgeted expenses for the 2025/26 fiscal year; and

WHEREAS, on November 9, 2022, the City issued a Request for Proposal (RFP) for the Heritage Oaks Park Design; and
WHEREAS, Melton Design Group (“Contractor”) was determined to be qualified to perform professional services for the Heritage Oaks Master Plan Design Project; and WHEREAS, on May 13, 2025, the City issued an Invitation to Bid (ITB) for the Heritage Oaks Park Improvements Project; and
WHEREAS, Imagecon, Inc (“Contractor”) was determined to be qualified to perform construction services for the Heritage Oaks Park Improvements Project; and WHEREAS, the Heritage Oaks Park Improvements Project budget needs to be amended to allow for additional construction costs; and WHEREAS, the available balance in the Park Impact Fund is projected at $3,518,835, taking into account appropriations already approved for the fiscal year, and is sufficient to cover the one-time cost of the proposed amendment; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

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

1. The City Council hereby approves amendments to the Capital Improvement Program (CIP) for the 2025-26 fiscal year as provided as listed below.

SOURCES
$962,378 211-0000-3060 PIF Fund Balance
$962,378 400-9900-4990/400-62134-4990 Transfer In from PIF $962,378 TOTAL SOURCES
510
Resolution 25-72

USES
$962,378 400-9900-5530/400-62134-5261 CIP 62134 Project Budget $962,378 211-9530-5950 Transfer Out to CIP-62134
$962,378 TOTAL USES

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

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

PASSED AND ADOPTED by the West Sacramento City Council this 16h day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
511
Contract Documents
Page | 4-3

CONSTRUCTION CONTRACT
THIS CONTRACT made on ____________ by and between the City of West Sacramento (“City”), and ____________________, hereinafter “Contractor”. The City and Contractor may be collectively referred to as the “parties”.

The parties have mutually covenanted and agreed as follows:

1. THE CONTRACT DOCUMENTS:

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

Invitation to Bid
Accepted Bid (and all accompanying documents)
Addenda Nos. ________, as issued
Designation of Subcontractors
Construction Contract
Payment Bond to accompany Contract
Performance Bond to accompany Contract
Contractor’s Certification Regarding Workers’ Compensation General Conditions
Supplemental Conditions (Special Provisions)
Drawings
Technical Specifications
Change Orders
City of West Sacramento Standard Specifications 2002
State of California Department of Transportation Standard Specifications 2018

2. THE WORK:

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

3. CONTRACT PRICE:

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

Imagecon, Inc
Four Million, One Hundred Forty Seven Thousand, Seven Hundred Forty Eight 4,147,748
5 July 16, 2025
Imagecon, Inc.

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Contract Documents
Page | 4-4

4. COMPLETION DATE:

The Project shall be commenced on the date specified in the Notice to Proceed. The total project will be completed within One Hundred and Fifty (150) working days, as defined in the General Conditions, after the date stated in the Notice to Proceed.

5. NOTICE AND SERVICE THEREOF:

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

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

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

6. LIQUIDATED DAMAGES:

Liquidated damages as provided for in the General Conditions of the Contract shall be in the sum of Five Thousand Dollars ($5,000.00) for each and every day as defined therein for each different scope of work as defined by the Base Bid and each change order except as otherwise specified in the Supplemental Conditions.

7. PREVAILING WAGE:

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

Imagecon, Inc
Donald Shane
8911 River Road
Sacramento, Ca 95832
Imagecon, Inc.

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Contract Documents
Page | 4-5
Bidders shall be responsible for verifying with the Director of the Department of Industrial Relations that all such copies of the prevailing rate provided by the City are current and accurate. The requirement to pay the wage rate so specified is further detailed in the General Conditions.

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

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

Date Contractor
Date Martha Guerrero, Mayor
City of West Sacramento
Approved as to form:

Jeffrey Mitchell, City Attorney
Attest:

Jennifer Cusmir, City Clerk
Imagecon, Inc.

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

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

The Bidder further agrees to complete all work required under the Contract within One Hundred and Fifty (150) days from the date designated in the Notice to Proceed, and to accept in full payment therefore the price indicated on the Bid Schedule.

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

Company Name: ----------------- Image con, Inc.

Bidder's Name (Printed): ___ D_o..;;_n____;;_a_l...;;..d___;;_S_h...;;..a_n....;;.e _______ _ Bidder's Title: ----=--"�'-=-'��--------- President
Bidder's Signature: ----------------- Date: 6-10-2025
Address: ----------------- 8 911 River Road
Sac ra rn en to, CA 95832
Phone Number: --�9-1 _6-__8�4-6�-�6�7�5�5�-------
Contractor's License Number: 1O895 9 9
Bid Documents
-----------------
CI ass i fi cation: ------"-',..__..=.L---->"---''-L.--=--=-'-------- A B c - 8 c - 2 7 E x pi ration Date: ----------------- O 4 -3 0-2 O 2 6
Pub Ii c Works Contractor
Registration Number: ----------------- 1000882322

Imagecon, Inc.

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516
517
518
519
520
Exhibit 12-B Bidder's List of Subcontractor Part 1
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorRegistration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms. Federal Project Number: 06-01859
Subcontractor Name and
Location
Name: McClernon GE
�
i�, S�te:
nc o Cordova,
CA
Name: Malik Const.

City, State:

Grass Valley, CA
Name: A&B Asphalt
City, State:

Rancho Cordova,
CA
Name: Burrell
City, State:

Roseville,
CA
Nam8
:
e b astian
City, State:

Fresno, CA
Surv.

Name: Rec Science
City, State:

Eagle MT. UT
Line Item & Description Subcontract
Amount
Grading 373K
Underground 165,000
Striping 6,000.00
Staking 25K
Site Electrical 146K
Play Install 185K
Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package Percentage Contractor Annual Gross Receipts
of Bid Item License
Sub- Number
contracted DIR Reg
Number
□ <$1 million
274333 □ <$5 million
100% I ,J.. <$10 million
□ <$15 million 1000003393 AQe of Firm: c; -:1vrs.
□ <$1 million
868550 [xi <$5 million
100% □ <$10 million
□ <$15 million 1001081404 AQe of Firm: 2 ().;rs.
□ <$1 million
60961 □ <$5 million
100% IBl <$10 million
□ <$15 million
100000339::: Age of Firm: 2 0 yrs.
□ <$1 million
Ix] <$5 million LS5878
100% □ <$10 million
□ <$15 million
100001214 Age of Firm: ...2.Dyrs.
□ <$1 million
100% 940822 □ <$5 million
Ix] <$10 million
□ <$15 million
1000012710 AQe of Firm: 4 0 vrs.
□ <$1 million
I J <$5 million 985338 I I <$10 million 50 □ <$15 million 100003792 Aae of Firm: ? n vrs.

Imagecon, Inc.

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Exhibit 12-B Bidder's List of Subcontractor Part 2
In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provided a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms. Federal Project Number: 06- 01859
Subcontractor Name and Line Item & Description Subcontract Percentage Contractor Annual Gross Receipts Location Amount of Bid Item License
Sub- Number
contracted DIR Reg
Number
Name: Pisor Fence □ <$1 million
Split Rail 316128 □ <$5 million
City, State: 20K □ <$10 million 90%
Antelope, CA 1000003166 I vi <$15 million
Age of Firm: 1 n yrs.

Name: Blackstar PM □ <$1 million
954061 □ <$5 million
City, State: Ix+ <$10 million Paving 25K 80% □ <$15 million Sacramento,CA 1000026271 Aoe of Firm: ? n vrs.

Name: Ramp □ <$1 million American □ <$5 million
City, State: 869556 □ <$10 million
Pump Track 100% 588K 00 <$15 million
Joplin, MO 1000012376 Age of Firm: Lu yrs.

Name: □ <$1 million
Flexqround 1102706 □ <$5 million
City, State: l�I <$10 million Rubber I Alt. 188 100% □ <$15 million Roseville, CA 1001030031 Age of Firm: ..5_ yrs.

Name: □ <$1 million
□ <$5 million
City, State: □ <$10 million
□ <$15 million
Age of Firm: yrs.

Name: □ <$1 million
□ <$5 million
City, State: □ <$10 million
□ <$15 million
Aoe of Firm: vrs.

Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package Imagecon, Inc.

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BIDDER'S CHECKLIST
All items on the Bidder's Checklist must be initialed, dated and submitted for the Proposal to be considered complete. The City of West Sacramento reserves the right to award a Contract in a manner and on the basis which will best serve the City, taking into consideration the information in the statement of Bidder's qualifications and past work history with the City.

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

1. a) BID PROPOSAL
To be filled in and signed by the Bide'
Initial: �
b) BID SCHEDULE
Date: O 6-10-2025
The unit prices Bid must be shown in the space provided. The total Bid price must be shown in the space provided.

Initial: Date: O 6-10-2025

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

Initial: -------- �

3. NON-COLLUSION DECLARATION
Date: o 6-10-2025
A Non-Collusion Declaration must be filled out, signed, and submitted with the Bid proposal for the Bid documents to be considered complete. � Initial:

4. EXPERIENCE QUALIFICATIONS
Date: o 6-10-2025
A statement of the Bidder's Experience & Qualifications must be filled out, signed, and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: --------

5. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Date: o 6-10-2025
An Equal Employment Opportunity Certification must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial:

6. DEBARMENT AND SUSPENSION CERTIFICATION
Date: O 6-10-2025
A Debarment and Suspension Certification must be filled out if exceptions and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: -------- Date: o 6-10-2025
Bid Documents

Imagecon, Inc.

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7. 8.

DISCLOSURE OF LOBBYING ACTIVITIES
A Disclosure Form to Report Lobbying, Form LLL of Lobbying must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: �
-------- Date: O 6-10-2025
EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTOR PART 1&2
Exhibit 12-B Bidder's List of Subcontractor Part 1 & 2 must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date: 06-10-2025

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

Initial: -------- Date: 06-10-2025

10. SITE VISIT

11. 12.

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

Initial: Date: O 6-10-2025
PERFORMANCE AND PAYMENT BONDS (IN PART 2)
The Bidder understands that a performance bond issued by an approved surety equaling one hundred percent (100%) of the Contract amount will be required. A payment bond equaling one hundred percent (100%) of the Contract amount will also be required.

Initial: �
-------- Date: O 6-10-2025

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

Initial: Date: 0 6-10-2025

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

Initial: -------- Date: O 6-10-2025

14. CONTRACTOR'S CERTIFICATE REGARDING WORKERS COMPENSATION (IN PART 2) The Bidder acknowledgment that Worker's Compensation Insurance will be required for this project.

Initial:

Bid Documents
Date: O 6-10-2025

Imagecon, Inc.

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City of West Sacramento
Finance
Roberta Raper, Director of Finance
1110 W Capitol Ave, West Sacramento, CA 95691

ADDENDA REPORT
Invitation to Bid - Heritage Oaks Park Improvements

ADDENDA REPORT
ITB No. 25-008-ITB
Heritage Oaks Park Improvements
RESPONSE DEADLINE: June 10, 2025 at 2:00 pm
Wednesday, July 2, 2025
Addenda Issued:

Addendum #1
May 19, 2025 8:59 AM
Please use the See What Changed link to view all the changes made by this addendum.

Addendum #2
May 27, 2025 12:43 PM
Please use the See What Changed link to view all the changes made by this addendum.

Addendum #3
May 30, 2025 3:16 PM
Please use the See What Changed link to view all the changes made by this addendum.

Addendum #4
Jun 3, 2025 9:19 AM
Please use the See What Changed link to view all the changes made by this addendum.

Addendum #5
Jun 6, 2025 12:13 PM
Please use the See What Changed link to view all the changes made by this addendum.

Addenda Acknowledgements:

Addendum #1
Proposal Confirmed Confirmed At Confirmed By
Imagecon, Inc. X Jun 8, 2025 12:47 PM Donald Shane
Olympic Land-Construction Inc. X Jun 5, 2025 8:43 AM Jeffrey Smith JPB Designs Inc X Jun 6, 2025 5:23 PM Artyom Ponomarenko TSI Engineering Inc X May 29, 2025 5:00 PM Muhammad Arshad Abide Builders, Inc. X Jun 3, 2025 11:48 AM Jeannie Majewski Imagecon, Inc.

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ADDENDA REPORT
ITB No. 25-008-ITB
Heritage Oaks Park Improvements

Addendum #2
Proposal Confirmed Confirmed At Confirmed By
Imagecon, Inc. X Jun 8, 2025 12:47 PM Donald Shane
Olympic Land-Construction Inc. X Jun 5, 2025 8:43 AM Jeffrey Smith JPB Designs Inc X Jun 6, 2025 5:23 PM Artyom Ponomarenko TSI Engineering Inc X May 29, 2025 5:00 PM Muhammad Arshad Abide Builders, Inc. X Jun 3, 2025 11:48 AM Jeannie Majewski Addendum #3
Proposal Confirmed Confirmed At Confirmed By
Imagecon, Inc. X Jun 8, 2025 12:47 PM Donald Shane
Olympic Land-Construction Inc. X Jun 5, 2025 8:43 AM Jeffrey Smith JPB Designs Inc X Jun 6, 2025 5:23 PM Artyom Ponomarenko TSI Engineering Inc X Jun 9, 2025 2:26 PM Muhammad Arshad Abide Builders, Inc. X Jun 3, 2025 11:48 AM Jeannie Majewski Addendum #4
Proposal Confirmed Confirmed At Confirmed By
Imagecon, Inc. X Jun 8, 2025 12:47 PM Donald Shane
Olympic Land-Construction Inc. X Jun 5, 2025 8:43 AM Jeffrey Smith JPB Designs Inc X Jun 6, 2025 5:23 PM Artyom Ponomarenko TSI Engineering Inc X Jun 9, 2025 2:26 PM Muhammad Arshad Abide Builders, Inc. X Jun 3, 2025 11:48 AM Jeannie Majewski Addendum #5
Proposal Confirmed Confirmed At Confirmed By
Imagecon, Inc. X Jun 8, 2025 12:47 PM Donald Shane
Olympic Land-Construction Inc. X Jun 6, 2025 12:59 PM Jeffrey Smith JPB Designs Inc X Jun 6, 2025 5:24 PM Artyom Ponomarenko TSI Engineering Inc X Jun 9, 2025 2:26 PM Muhammad Arshad Abide Builders, Inc. X Jun 6, 2025 12:46 PM Jeannie Majewski Imagecon, Inc.

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527

NON-COLLUSION DECLARATION

STATE OF CALIFORNIA )
)

COUNTY OF YOLO )
The undersigned declares:

I am the President ofimagecon, Inc., the party making the foregoing bid.

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on June, 10, 202s [date], atSacramento [city], California [state].

Bidder's Name (Printed): ------------------- Donald Shane Bidder's Signature: -------'---------------- �i] iOO-->===- (Same Signature as on Proposal)
Bidder's Title: President
Bid Documents

Imagecon, Inc.

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

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

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.?(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Bid Documents

Imagecon, Inc.

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Bid Documents
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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

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

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

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

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

Imagecon, Inc.

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Contract Documents
Page | 4-11
CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION TO: Director of Capital Projects Department
City of West Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
I am aware of the provisions of Section 3700 of the Labor Code of the State of California which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Contractor)
By
(Business Address)
(Place of Residence)
Imagecon, Inc.

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Bid Documents
Page | 3-43

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

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

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

Imagecon, Inc.

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

1. Type of Federal
Action:

2. Status of Federal
Action:

3. Report Type:

Qa. contract [J[] a. bid/offer/application [iJ a. initial b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan
e. loan guarantee
f. loan insurance

4. Name and Address of Reporting Entity
D Prime D Subawardee
Tier ___ , if known
Congressional District, if known

6. Federal Department/Agency:

8. Federal Action Number, if known:

10. a. Name and Address of Lobby Entity
(If individual, last name, first name, Ml)
For Material Change Only:
year _ quarter ___ 1
date of last report ____ 1

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

Congressional District, if known

7. Federal Program Name/Description:

CFDA Number, if applicable _______ 1

9. Award Amount, if known:
b. Individuals Performing Services (including
address if different from No. 10a)
(last name, first name, Ml)
(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____ o actual □ planned : a. retainer

12. Form of Payment (check all that apply):

B a. cash
b. in-kind; specify: nature ____ _
-
-
-
-
b. one-time fee
c. commission
d. contingent fee
e deferred
value ____ _ - f. other, specify _________ 1

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

15. Continuation Sheet(s) attached: Yes D No D

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

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

Federal Use Only:

Signature: ___ C). �..;:;__� __________1
Print Name: __ D
_
o
_
n
_
a
_
l
_
d_S
_
h
_
a
_
n
_
e ________ 1
TWe: President,CE
0 Telephone No.: 916-271-7862 Date: 6/10/25
Authorized for Local Reproduction
Standard Form - LLL
533
1 PART 2 FEDERAL-AID CONTRACT REQUIREMENTS.

1. BID OPENING ..................................................

2. BID RIGGING ...................................................

3. CONTRACT AWARD........................................

4. CONTRACTOR LICENSE ................................

5. CHANGED CONDITIONS.................................

6. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES

7. BUY AMERICA................................................

8. QUALITY ASSURANCE ...................................

9. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS

10. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS

11. FEMALE AND MINORITY GOALS

12. TITLE VI ASSURANCES

13. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT)

14. FEDERAL TRAINEE PROGRAM

1.BID OPENING
The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

2.BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities.

Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous.

The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

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

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

5.CHANGED CONDITIONS
a. Differing Site Conditions

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

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

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
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2 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) b. Suspensions of Work Ordered by the Engineer

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

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

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

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

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

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract.

The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

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

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

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

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

The Contractor shall pay to the City/County the sum of $6,800 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above. 535 3 7.BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.

Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:

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

2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.

Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section
(Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.

Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:

1. Non-ferrous metals

2. Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)

3. Glass (including optic glass)

4. Lumber

5. Drywall
Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified. Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.

All manufacturing processes for these materials must occur in the United States.

Buy America requirements do not apply to the following:

1. Tools and construction equipment used in performing the work

2. Temporary work that is not incorporated into the finished project Waivers
If Buy America waivers are granted, use the following language to include in the contract: 536 4 The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:

1. _______________________________

8.2. _______________________________QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

9.PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.

2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

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

DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) 537
1 FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
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2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 539
3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:
540
4 (1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
541
5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 542
6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
543
7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with 544
8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 545
9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lowertier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
546
10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
547
11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
548
12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *

3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 549
13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *

4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

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

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 550
14 ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
551
3 11. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

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

Economic
Area
Goal
(Percent)
174 Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

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

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 San Francisco-Oakland-San Jose, CA:

28.9 25.6

19.6 14.9

9.1 17.1

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

CA Lake; CA Mendocino; CA San Benito
177
Sacramento, CA:

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

16.1 14.3
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne 552
4 Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA 26.1
553
5 CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

23.6 Los Angeles, CA:

11.9 28.3

21.5 19.0

19.7 24.6
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:

16.9 18.2
SMSA Counties
181 7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

12. TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 554
6 d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6)in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

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

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

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

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

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

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

As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. 555
7 The prime contractor has primary responsibility for meeting this training requirement.

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

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

Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, the prime contractor shall submit to the City/County of West Sacramento:

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

2. Training program to be used

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

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

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

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

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

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

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

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

The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarialtype positions. Training is allowed in lower level management positions such as office engineers, 556
8 estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

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

1. For on-site training

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

3. If the prime contractor complies with this section.

Each apprentice or trainee must:

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

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training
557

FEDERAL WAGE RA TES
The payment of federal prevailing wage rates on federal-aid contracts is derived from the DavisBacon Act of 1931 and is prescribed by 23 USC 113. Contractors and subcontractors must pay laborers and mechanics employed directly upon the site of the work at least the locally prevailing wages (including fringe benefits) for the work performed.

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

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

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

The federal prevailing wage rates are available directly from the System for Award Management (SAM) Home Page at https://sam.gov/content/wage-determinations Federal "prevailing wage" rates are physically incorporated in the bid documents. The City of West Sacramento shall comply with the federal "10-day rule", where the City of West Sacramento will issue to bidders as an addendum the current federal wage rates within ten days prior to bid opening.

Bid Documents