Agenda packet — West Sacramento City Council, October 1, 2025 (part 1 of 2)

WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR

AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
OCTOBER 1, 2025 AGENDA
Martha Guerrero, Mayor
Verna Sulpizio Hull, Mayor Pro Tem
Quirina Orozco, Council Member
Norma Alcala, Council Member
Dawnté Early, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
7:00 PM Regular Meeting Call to Order
Pledge of Allegiance
Land Acknowledgment
The meeting will be held at City Hall, City Council Chambers, 1110 West Capitol Avenue, West Sacramento GENERAL ADMINISTRATION FUNCTION – PART I

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

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

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

PRESENTATIONS

2. City Manager's Office

PROCLAMATION RECOGNIZING NATIONAL BREAST CANCER AWARENESS MONTH AND

THRIVING PINK
Objective: The purpose of this proclamation is to formally recognize October 2025 as Breast Cancer Awareness month while showing appreciation for the work of non-profit Thriving Pink.

Recommendation: Staff respectfully recommends that the City Council adopt a proclamation recognizing October 2025 as National Breast Cancer Awareness Month and honor the organization Thriving Pink for its exceptional support and outreach to breast cancer survivors, including those in the West Sacramento community.

CONSENT AGENDA
Anyone wishing to address the Council, or any agenda item, may fill out the Request to Speak card and present it to the City Clerk prior to the completion of staff presentation. Items on the Consent Agenda will be considered in one motion and the Request to Speak card should be turned in prior to the first item on Consent.
1 3. Capital Projects
CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES CONTRACTS FOR ONCALL PROPERTY MAINTENANCE SERVICES WITH CMD WEST- MAVERICK ALLIANCE

COMPANY AND LAGESTIC LLC
Objective: The objective of this report is to provide the necessary information to the City Council for consideration of approval of two professional services contracts with CMD West - Maverick Alliance Company, and Lagestic LLC, for on-call property maintenance services.

Recommendation: Staff respectfully recommends that the City Council: (1) Approve the professional services contracts with CMD West - Maverick Alliance Company and Lagestic LLC, for on-call property maintenance services; (2) Delegate authority to the City Manager, or his designee, to execute the contracts substantially in the form attached; (3) Authorize the City manager to issue notices to proceed, approve minor amendments to the Scope of Services and execute nonsubstantive changes and modifications, with approval from the City Attorney; (4) Authorize the City Manager, or his designee, to execute amendments or change orders and adjust compensation within the Council-approved budget; and (5) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract and adjust compensation within the limits of the Council-approved budget.

4. Capital Projects
CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT NO. 6 FOR PROFESSIONAL SERVICES WITH DEWBERRY ENGINEERS, INC. FOR THE SYCAMORE TRAIL PHASE III PROJECT (CIP 14027)
Objective: The objective of this report is to provide the City Council with sufficient information for approval of professional services contract Amendment No. 6 with Dewberry Engineers, Inc. for additional design and engineering support services for the Sycamore Trail Phase III Project (“Project”) (CIP 14027).

Recommendation: Staff respectfully recommends that the City Council: (1) Approve Amendment No. 6 to the contract for professional services with Dewberry Engineers, Inc. in the amount of $85,930; (2) Authorize the City Manager, or his designee, to execute Amendment No. 6 with Dewberry Engineers, Inc in the amount not to exceed $85,930; (3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; and (4) Delegate authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

5. Capital Projects

CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES CONTRACT FOR

CONSTRUCTION MANAGEMENT SERVICES WITH PSOMAS FOR THE HIGH SERVICE VAULT PROJECT (CIP 21041)
Objective: The objective of this report is to provide the necessary information to the City Council for consideration of approval of the professional services construction management contract with Psomas for the High Service Manifold Repair/Replacement/Vault Installation (CIP 21041). 2 Recommendation: Staff respectfully recommends that the City Council: 1) Award the professional services construction management contract with Psomas for the High Service Manifold Repair/Replacement/Vault Installation Project; 2) Delegate authority to the City Manager, or his designee, to execute a professional services contract with Psomas for an amount not to exceed $780,922; 3) Authorize the City Manager, or his designee, to approve minor amendments to the Scope of Services and execute non-substantive changes or modification, with approval from the City Attorney; 4) Authorize the City Manager, or designee, to execute amendments within 10% contingency ($78,000); and 5) Authorize the City Manager, or designee, to execute amendments to extend the term of the contract, if necessary.

6. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 25-104 REGARDING THE EMERGENCY

REPLACEMENT AND AWARD OF A CONSTRUCTION CONTRACT WITH ACCO ENGINEERED SYSTEMS, INC. FOR THE EMERGENCY SPLIT SYSTEM REPLACEMENT - HERITAGE OAKS PARK
Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 25-104 regarding the Emergency Replacement and award the Emergency Contract with ACCO Engineered Systems, Inc. for the Emergency Split System Replacement - Heritage Oaks Park Concession Building, located at 1300 Lake Washington Blvd.

Recommendation: Staff respectfully recommends that the City Council: 1) Find that the Emergency Split System Replacement - Heritage Oaks Park is exempt from CEQA analysis under CEQA Guidelines 15269. According to the CEQA Guidelines, an emergency includes emergency repairs to public or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare; 2) Adopt, by a minimum four-fifths vote of the Council, Resolution 25-104, regarding the Emergency Contract with ACCO Engineered Systems, Inc. for the Emergency Split System Replacement - Heritage Oaks Park; 3) Approve the contract with ACCO Engineered Systems, Inc. to provide emergency HVAC replacement services at Heritage Oaks Park; 4) Authorize the City Manager or designee to execute an emergency contract for services in an amount not to exceed $21,659 with approval from the City Attorney; 5) Authorize the City Manager or designee to execute amendments or change orders up to 20% ($2,166) of the contract value; 6) Authorize the City Manager, or designee, to execute non-substantive changes and modifications, with approval from the City Attorney; and 7) Authorize the City Manager, or designee, to extend the contract term and adjust compensation, within the limits of the Council-approved budget.

7. Community Development
CONSIDERATION OF FIRST READING OF ORDINANCE 25-10 AMENDING CHAPTERS 15.12 AND 15.14 OF THE CITY OF WEST SACRAMENTO MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2025 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL

AMENDMENTS
Objective: The objective of this report is for City Council to conduct the first reading of Ordinance 25-10 which would amend Chapters 15.12 and 15.14 of the City of West Sacramento Municipal Code, related to the 2025 California Building Standards and local amendments. These amendments 3 would clarify the adoption of appendices and obtain final acceptance by the California Building Standards Commission.

Recommendation: Staff respectfully recommends that the City Council: 1) Find that the adoption of the 2025 Building and Fire Codes with local amendments is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15308; 2) Waive the first reading, and read by title and number only, Ordinance 25-10 amending Chapters

15.12 and 15.14 of the City of West Sacramento Municipal Code to adopt by reference the 2025 California Building Standards Code with local amendments; and 3) Inform the audience that the second reading and adoption of Ordinance 25-10 is scheduled for November 5, 2025.

8. City Manager's Office

CONSIDERATION OF ADOPTION OF THE TOTAL TENTATIVE AGREEMENT ON ECONOMIC

TERMS FOR THE SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST SACRAMENTO AND THE WEST SACRAMENTO BATTALION CHIEFS’ ASSOCIATION AND ADOPTION OF RESOLUTION 25-105 APPROVING AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 2025/26
Objective: The purpose of this report is to seek City Council consideration of approval of a total tentative agreement on economic terms for a successor three-year Memorandum of Understanding between the City of West Sacramento and the West Sacramento Battalion Chiefs’ Association (BCA) and Resolution 25-105, approving related budget amendments.

Recommendation: Staff respectfully recommends that the City Council: 1) Approve the total tentative agreement on economic terms for a successor Memorandum of Understanding between the City of West Sacramento and the West Sacramento Battalion Chiefs’ Association (BCA); and 2) Adopt Resolution 25-105 approving amendments to the approved biennial budget for Fiscal Year 2025/26 to fund the proposed salary and benefit changes.

PUBLIC HEARINGS

9. Community Development
PUBLIC HEARING REGARDING AN APPEAL OF THE PLANNING COMMISSION’S VARIANCE DENIAL REGARDING A SETBACK VARIANCE FOR AN RV COVER AT 1512 MICHIGAN BLVD Objective: The purpose of this item is to facilitate the City Council’s consideration of an Appeal of the Planning Commission’s denial of a Variance request to reduce front and side yard setbacks and exceed the height limit for an RV cover at 1512 Michigan Boulevard.

Recommendation: Staff respectfully recommends that the City Council: 1) Conduct the public hearing; 2) Certify that the City Council has reviewed and considered the Statutory Exemption (projects which are disapproved, CEQA Guidelines Section 15270) and approve the Statutory Exemption; and 3) Adopt Resolution 25-103, denying the requested Appeal and confirming the Planning Commission’s decision to deny the requested Variance based on the inability to meet the required variance findings.
4 10. Parks & Recreation
PUBLIC HEARING AND CONSIDERATION OF ADOPTION OF RESOLUTION 25-99 AMENDING

THE BOOK OF FEES FOR THE PARKS AND RECREATION DEPARTMENT AND ADOPTION OF

THE COST RECOVERY POLICY FOR PARKS AND RECREATION FEES
Objective: The objective of this report is to hold a public hearing and to request City Council approval of Resolution 25-99 to amend the Parks and Recreation Book of Fees and to adopt the Cost Recovery Policy for Parks and Recreation Fees.

Recommendation: Staff respectfully recommends that the City Council: 1) Conduct a public hearing regarding the proposed revisions to the Book of Fees; 2) Adopt Resolution 25-99 (Attachment 1) amending the Book of Fees for the Parks & Recreation Department; 3) Adopt Cost Recovery Policy (Attachment 2) for the Parks and Recreation Fees; and 4) Authorize the City Manager to amend the Cost Recovery Policy, as needed.

REGULAR AGENDA
NONE
GENERAL ADMINISTRATION FUNCTION – PART II

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

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

12. PART II
A. Council Calendar
5 B. City Manager Report
C. City Attorney Report
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the October 1, 2025 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted September 26, 2025 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review. __________________________________________
Jennifer Cusmir, City Clerk
NOTE: If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

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

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

If you need assistance to participate in this meeting, including translation support, please contact the City Clerk’s Office at 916-617-4500 or [email protected]. Notifying the City Clerk’s Office at least 72 hours prior to the meeting will assist staff in assuring reasonable arrangements can be made to provide accessibility to the meeting. Assisted listening devices are available at this meeting.

Si necesita ayuda para participar en esta reunión o servicios de traducción, comuníquese con la Oficina del Secretario Municipal al 916-617-4500 o [email protected]. Notificar a la Oficina del Secretario Municipal al menos 72 horas antes de la reunión ayudará al personal a garantizar que se puedan hacer arreglos razonables para proporcionar accesibilidad a la reunión.

Los dispositivos de escucha asistida están disponibles en esta reunión. 6 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 1, 2025 ITEM # 2
SUBJECT:

PROCLAMATION RECOGNIZING NATIONAL BREAST CANCER AWARENESS

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

OBJECTIVE
The purpose of this proclamation is to formally recognize October 2025 as Breast Cancer Awareness month while showing appreciation for the work of non-profit Thriving Pink.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation recognizing October 2025 as National Breast Cancer Awareness Month and honor the organization Thriving Pink for its exceptional support and outreach to breast cancer survivors, including those in the West Sacramento community.

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

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

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

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

Budget/Cost Impact
N/A

ATTACHMENT

1. Proclamation
7 PROCLAMATION

OF THE WEST SACRAMENTO CITY COUNCIL

RECOGNIZING NATIONAL BREAST CANCER AWARENESS MONTH AND

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

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

PROCLAIMED this 1st day of October, 2025.

ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
8 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 1, 2025 ITEM # 3
SUBJECT:

CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES CONTRACTS FOR

ON-CALL PROPERTY MAINTENANCE SERVICES WITH CMD WEST- MAVERICK

ALLIANCE COMPANY AND LAGESTIC LLC
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Dagoberto Fierros, Senior Analyst
Fred Arnold, Senior Project Manager
Capital Project Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the necessary information to the City Council for consideration of approval of two professional services contracts with CMD West - Maverick Alliance Company, and Lagestic LLC, for on-call property maintenance services.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve the professional services contracts with CMD West - Maverick Alliance Company and Lagestic LLC, for on-call property maintenance services;
2) Delegate authority to the City Manager, or his designee, to execute the contracts substantially in the form attached;
3) Authorize the City manager to issue notices to proceed, approve minor amendments to the Scope of Services and execute non-substantive changes and modifications, with approval from the City Attorney; 4) Authorize the City Manager, or his designee, to execute amendments or change orders and adjust compensation within the Council-approved budget; and
5) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract and adjust compensation within the limits of the Council-approved budget.

BACKGROUND
While maintaining city-owned vacant parcels, non-operating facilities, and other properties as-needed, staff conducts ongoing property management that requires professional maintenance services. These properties demand a wide range of services including, but not limited to: weed abatement, landscaping, tree trimming, site inspections, general repairs, site security, building board-ups, graffiti removal, sweeping, power washing, trash and debris removal, pest control, and janitorial services.

To obtain the required professional services, the City released a Request for Qualifications (25-011-RFQ) for On-Call Property Maintenance Services on June 11, 2025. By the RFQ's submittal deadline of July 8, 2025, the City had received a total of four Statements of Qualifications (SOQs): CMD West - Maverick Alliance Company, Lagestic LLC, Kitchell/CEM Inc., and Antonio S. Flores. Staff planned to award up to two contracts total, each with a not-to-exceed (NTE) limit of $100,000, to meet the City’s current project needs. As part of the RFQ process, staff requested rates and used a best-value approach to evaluate the proposed rates in relation to customer service and technical approach proposed.

The evaluation team consisted of subject matter experts and managers with procurement knowledge and experience related to the products and services being solicited. The team selected the firms that provided the best value to the City. Following evaluation and scoring, the top two firms will enter into individual contracts with the City.

ANALYSIS
Staff is requesting the Council’s approval of two on-call contracts with the two top-rated firms: CMD West - Maverick Alliance Company; and Lagestic LLC. Each contract has a three-year term and a not-to-exceed (NTE) amount of $100,000. Based on the as-needed nature of an on- call contract, the exact scope of work and schedule are not identified in the attached contracts; instead, Notices to Proceed (NTP) are issued for each service requested, outlining the exact scope of work and schedule based on a project-specific proposal from the chosen firm.
9 On-Call Contracts for Property Maintenance Services
October 1, 2025

Page 2 ends

Awarding two contracts will provide staff with timely access to services without relying on a single firm’s availability, which can vary greatly depending on their workload. Additionally, each of the two firms provides similar approaches to delivering services. Having services available from two providers will give staff greater flexibility to ensure project timelines are met.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines§§ 15060(c), 15378(a).)
Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
The Council's primary alternatives include:
1) Defer approval and request staff return to the Council with additional information at a later date; 2) Choose not to enter into the proposed contracts; or
3) Reject the proposed recommended action and direct staff to complete separate solicitations for property maintenance services.

Staff does not recommend these alternatives. Delays to essential property maintenance services will negatively impact the City’s ability to keep up with property maintenance requests.

Coordination and Review
The proposed contracts were reviewed by the City Attorney's Office, the Capital Projects Department, and the Finance Department.

Budget/Cost Impact
Costs for these services are integrated into each CIP project budget or the existing appropriation for the Capital Projects Department professional services budget. There is no new net cost impact of approving the attached Contracts.

ATTACHMENTS

1. CPA25-307 CMD West - Maverick Alliance Company - Contract for Services

2. CPA25-308 Lagestic LLC - Contract for Services
10 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28
1 11.4.2024

CONTRACT FOR SERVICES
THIS CONTRACT is made on October 1, 2025, by and between the CITY OF WEST SACRAMENTO (“City”), and CMD WEST-MAVERICK ALLIANCE COMPANY (“Consultant”).

WITNESSETH:

WHEREAS, the City desires to retain CMD West-Maverick Alliance Company for property maintenance services for city-owned vacant parcels, non-operating facilities, and other city-owned properties as-needed, requiring such services; WHEREAS, the Consultant has presented a proposal for such services to the City, dated June 11, 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 necessary to completion of the services described in Exhibit “A”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28
2 11.4.2024
C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed per subsequent Notice to Proceeds prescribed by the City. The term of this Contract, subject to termination as set forth in Section 4, shall terminate on September 30, 2028.

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

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

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed One hundred thousand dollars and no cents ($100,000.00), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".

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

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

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

4. TERMINATION:

A. This Contract may be terminated by either party, provided that the other party is given not less than 30 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract. 12 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28
3 11.4.2024
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

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

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

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

6. EXTENSIONS OF TIME:

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

7. PROPERTY OF CITY:

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

B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.

8. COMPLIANCE WITH ALL LAWS:

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. 13 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28
4 11.4.2024

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

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

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

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

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

10. SUBCONTRACTING:

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

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the 14 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28
5 11.4.2024
performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

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

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

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

15. INDEMNITY AND LITIGATION COSTS:

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

16. CONSULTANT TO PROVIDE INSURANCE:

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

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following 15 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28
6 11.4.2024
coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

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

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

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

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or it’s equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
16 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28
7 11.4.2024

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

16.B.2.b).

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

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

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

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

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

17. MISCELLANEOUS PROVISIONS:

A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the 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 17 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28
8 11.4.2024
a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.

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

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

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

City: Fred Arnold, Senior Program Manager
City of West Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
Office: 916-617-4954
E-Mail: [email protected]

Consultant: Conner McDonald, Principal
CMD West-Maverick Alliance Company
333 University Avenue, Suite 200
Sacramento, CA 95825
[email protected]

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

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

H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

I. 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
18 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28
9 11.4.2024

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

CMD WEST-MAVERICK ALLIANCE

COMPANY
By: _________________________
Conner McDonald, Principal
19 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28

EXHIBIT A
Consultant Proposal/Scope of Work
20 City of West Sacramento — On-Call Property Maintenance Services — 25-011-RFQ | 1 The City of West Sacramento has been a standout example of a vibrant and growing community, and The City’s real estate and infrastructure has paved the way for this success. As The City continues to grow, maintaining it real estate will remain key to its development, and delivering that maintenance will remain critical. A successful project approach relies on the CMD ‘project management infrastructure’ – which we at CMD refer to as “The 5 Steps”.

The potential scope of work for the overall on-call effort may include all aspects of Property Maintenance. This full-service real estate Property Maintenance effort will require an organized approach for delivery.

Step 1: Defining Success — The technical project approach begins with an understanding of the Client’s definition of success. CMD will discuss Scope, Schedule, Communications Plan, Approach Regarding Key Decisions, Updates, Tracking, and Metrics with The City to develop an understanding of The City’s parameters, and how the Project Owners define the success of this project. This discussion will involve receiving The City’s direction on scheduling milestones and best practices for communication and coordination.

Step 2: Developing The Plan — Based on the guidance of The City, CMD Staff will convert The City’s vision of success into specific milestones, deliverables, and actions. These items will become the CMD-Dashboard for the project. The CMD-Dashboard is a central source of project information that identifies the guideposts of scope, project deadlines, critical path items, offramps, decision points, key parties, communication flow, and key metrics.

The CMD Team will use this information to ensure that at each step of the project, the deliverables, milestones, decisions, and actions are in concert with The City’s vision of success.

Step 3: Communication — Both internal and external communications are critical to the delivery of any project.

The CMD Team maintains up-to-the-minute communication with one another across a variety of platforms, leveraging technology to remain connected, and up-to-date on the status of fellow Team Members. For external communications, the Team will follow the guidelines of the Communications Plan, and ensure that Project Owners and Stakeholders are kept updated in the frequency, and to the degree expected. The objective is to maintain regular, open avenues of communication that add value, and allow for discussion of items in a timely and iterative way, before they become critical and urgent, always working to stay in front of the schedule.

Step 4: Coordination — The CMD Team prides itself on its ability to coordinate, with the Team always striving to be greater than the sum of its parts. This coordination extends beyond the CMD Team to collaboration with other Project Stakeholders — City Staff, Subcontractors, Community Members, Etc. We understand that the successful delivery of any project relies on everyone moving as a team and tracking with one another. The CMD Team will, in accordance with the Communications Plan, ensure that all Stakeholders track together.

Step 5: Cost — CMD uses an automated time- and cost-tracking platform to ensure there is a snapshot of the financial status of the project at any given time. Project Leads use this on a weekly, and often more frequent, basis to ensure that costs are on track with deliverables and efforts are in line with earned values.

Bringing It All Together: Tracking and Reporting — While Tracking and Reporting functions are used to provide a review of what was done, they are also a key tool in planning next steps and envisioning what needs to be accomplished. This is only possible if items are tracked and reported in time with the progress of the project — Property Maintenance schedules demand constant progress be made, and Decision Makers need up-to-date information to give guidance. The CMD Team understands this. Based on the scope of this effort, it’s anticipated that CMD’s customary bi-weekly reporting, coupled with time-critical updates at key milestones, decision points, and events will capture the needs of the project. If, however, a different approach will add value to the process, CMD can nimbly adjust its procedures to meet the needs of The City.

3.4 TECHNICAL PROJECT APPROACH
21 City of West Sacramento — On-Call Property Maintenance Services — 25-011-RFQ | 2 The CMD West Project Team understands that the delivery of any Property Maintenance project requires a fully coordinated approach. The CMD West Project Team possesses the skills and experience to ensure the success of any project need that may arise, and has developed a plan of approach to deliver that success.

Activity 1: Project Management and Coordination — Project Management requires that all pieces of the machine are in motion when needed. The Project Management and Coordination function will take an allencompassing view of the needs of the Property Maintenance effort, and coordinate with City Staff to determine the desired outcome, and remain in communication on progress, tracking, and updates. The Project Management and Coordination Function will ensure that all needed resources are at the ready for the overall Property Maintenance effort.

Activity 2: Regularly Scheduled Inspections, Landscaping, Weed Abatement, Maintenance — When authorized, CMD will develop a schedule of Regular Inspections, Regular Landscape Activities, Regular Weed Abatement, Regular Repairs, and all normally recurring activities. CMD Staff, and/or Subcontractors under CMD Staff oversight will execute all regularly scheduled activities in alignment with direction and coordination with The City—this allows for routine and normal visits and checks to all approved Property Maintenance Locations, and maintains an iterative success to the property.

Activity 3: Routine Security Patrol, Security Alarm Services — As approved, CMD will oversee and coordinate the Routine Security Patrol and Security Alarm Services Activities to ensure security presence and real estate protection. Routine Security Patrol Presence establishes The City’s deterrence to unauthorized activities at any specific site, and creates the pathway for success in maintaining the expected condition of any specific location.

Activity 4: As-Needed, Quick-Response Security Patrol, Physical Site Security, Board-Up, Graffiti Abatement, Landscape Needs, Repairs, Inspections, Etc — CMD will respond to any emergent need to ensure that the site security and Property Maintenance is brought in line with the desired condition. This is a 24/7/365 Activity of responding to needs that arise, from unexpected weed abatement scenarios, to debris clean-up, to breaches of physical site security. The CMD Team and Subcontractors all regularly respond to 24/7 rapid response needs, and have the flexibility to ensure quick action when a need arises.

Activity 5: Planning — As approved, the CMD Team will meet with City Staff to ensure an iterative planning process for every Property Maintenance Location — this is an effort of looking out on the horizon to identify potential needs, challenges, and opportunities, and to plan accordingly to align resources and schedules.

3.4 TECHNICAL PROJECT APPROACH
22 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28

EXHIBIT B
Schedule of Performance
Contract Start Date October 1, 2025
Contract End Date September 30, 2028
23 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28

EXHIBIT C
Schedule of Fees
24 City of West Sacramento — On-Call Property Maintenance Services — 25-011-RFQ |

3.5 — RATE SHEETS — CMD WEST
25 City of West Sacramento — On-Call Property Maintenance Services — 25-011-RFQ |

3.5 — RATE SHEETS — SUBCONTRACTORS
Rates and Fees for Subcontractors dependent upon site-specific Property Maintenance Activities, to be defined by future assignment, and to be in alignment with the overall market, to meet the needs and desired cost outcomes of The City of West Sacramento. 26 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28

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

CONSULTANTS
By:

Conner McDonald, Principal
27 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28

EXHIBIT D

LABOR COMPLIANCE

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

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

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

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

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

C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less 28 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28
often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

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

This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code.

Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5.
29 Attachment 1
CMD West-Maverick Alliance Company
CPA25-307 On-Call Property Maintenances Services
Expires on 09/30/28

EXHIBIT E

NOTICE TO PROCEED
30 1110 West Capitol Avenue
West Sacramento, CA 95691
(916) 617-4500
www.cityofwestsacramento.org
City of West Sacramento

NOTICE TO PROCEED
Date:

Requested by:

Managing Dept:

Task Start Date:

Completion Date:

The following information must be included on all invoices: (NTP# format: "Contract number-NTP01") • Contract #:
• NTP #:
• GL Cost Center(s):

Notice to Proceed is invalid unless fully executed
Requested by:

Dept Head approval:
____________________________________________________ Date: ______________ ____________________________________________________ Date: ______________ Finance Budget approval: ____________________________________________________Date: ______________ Over $10k also requires City Manager Approval
City Manager Approval: _________________________________________________ Date: ______________ Amanda Berlin, Assistant City Manager
Vendor Name:

Vendor Address:

Contact Name:

Contact Info:

Project Name:

Not-to-Exceed Amount:

Description of Services:
013024
Please specify amount
per cost center for PO setup
☐Change to previous NTP.

Amount of Increase or Decrease:
31 Attachment 2
Lagestic LLC
CPA25-308 On-Call Property Maintenances
Services Expires on 09/30/28
1 11.4.2024

CONTRACT FOR SERVICES
THIS CONTRACT is made on October 1, 2025, by and between the CITY OF WEST SACRAMENTO (“City”), and LAGESTIC LLC (“Consultant”).

WITNESSETH:

WHEREAS, the City desires to retain Lagestic LLC for property maintenance services for city-owned vacant parcels, non-operating facilities, and other city-owned properties asneeded, requiring such services; WHEREAS, the Consultant has presented a proposal for such services to the City, dated June 11, 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:

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
32 Lagestic LLC
CPA25-308 On-Call Property Maintenances Services
Expires on 09/30/28
2 11.4.2024
C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

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

3. COMPENSATION:

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

4. TERMINATION:

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract. 33 Lagestic LLC
CPA25-308 On-Call Property Maintenances Services
Expires on 09/30/28
3 11.4.2024
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

6. EXTENSIONS OF TIME:

7. PROPERTY OF CITY:

8. COMPLIANCE WITH ALL LAWS:

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

10. SUBCONTRACTING:

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the 35 Lagestic LLC
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City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

15. INDEMNITY AND LITIGATION COSTS:

16. CONSULTANT TO PROVIDE INSURANCE:

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant 36 Lagestic LLC
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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

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

16.B.2.b).

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

17. MISCELLANEOUS PROVISIONS:

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

City: Fred Arnold, Senior Program Manager
City of West Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
Office: 916-617-4954
E-Mail: [email protected]

Consultant: Zachary Davis Beachem-Winder, Managing Member Lagestic LLC
2323 Broadway
Oakland, CA 94612
[email protected]

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

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

I. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. 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

LAGESTIC LLC
By: _________________________
Zachary Davis Beachem-Winder,
Managing Member
40 Lagestic LLC
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EXHIBIT A
Consultant Proposal/Scope of Work
41 SPEED – TRANSPARENCY – RESULTS ORIENTED – CENTRALIZED COORDINATION Technical Project Approach – Lagestic LLC
RFQ #25-011-RFQ – On-Call Property Maintenance Services Lagestic LLC’s operational approach is rooted in reliability, responsiveness, and transparency.

Our team is structured to deliver comprehensive property maintenance services—ranging from scheduled weed abatement and debris removal to emergency board-ups, graffiti removal, inspections, and facility repairs—in full alignment with the City’s Scope of Work. All work is centrally managed from our Oakland headquarters, with support from our staging yards in Hayward and Merced, allowing us to efficiently serve sites throughout the West Sacramento region.

Upon receipt of a service request, our dispatch center assigns tasks using cloud-based workflow software that integrates GPS tracking, real-time crew updates, and digital documentation. Each crew is led by a field supervisor trained in safety compliance, digital reporting, and municipal coordination. Our standard 2- to 4-person field crews are equipped to perform weed abatement, junk hauling, minor structural repairs, graffiti abatement, and property inspections. Crews document all services with GPS-tagged before-and-after photos, digital time-stamps, and service logs, which are uploaded to our cloud system and made available for City review.

Lagestic maintains a network of vetted subcontractors to support specialized services such as HVAC repair, elevator maintenance, pest control, janitorial cleaning, and tree trimming. All subcontractors are pre-screened for insurance and compliance, and City approval will be obtained before deployment, as required by contract terms. For environmental compliance, particularly under SB1383, Lagestic segregates organic waste and hauls all green material to Approved Organic Waste Recycling Facilities. We maintain detailed delivery logs, weight tickets, and vendor information for City auditing and reporting purposes.
42 SPEED – TRANSPARENCY – RESULTS ORIENTED – CENTRALIZED COORDINATION All service work is coordinated through a structured scheduling system that ensures routine property maintenance and rapid emergency response. For urgent requests, Lagestic can mobilize crews within one to four hours, depending on proximity. Regular inspection cycles are supplemented with on-demand inspections, and all findings are logged and submitted in PDF or CSV format as required. Additionally, we utilize Virtual Project Manager (VPM) to manage daily logs, change orders, RFIs, and invoices, enabling paperless project administration with full transparency.

To ensure quality and accountability, our supervisors conduct weekly site audits, and our management team performs random spot checks. We hold monthly performance meetings with client staff to review service metrics, address any deficiencies, and implement continuous improvements. Our QA/QC process ensures that no issue is left unresolved, and that every Cityowned property receives consistent, high-standard care.

In summary, Lagestic brings a disciplined, tech-enabled, and compliance-driven approach to property maintenance. Our experience with similar municipalities, combined with real-time documentation, trained personnel, and subcontractor oversight, makes us a reliable and fully capable partner to fulfill the City of West Sacramento’s Scope of Work efficiently and professionally.
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EXHIBIT B
Schedule of Performance
Contract Start Date October 1, 2025
Contract End Date September 30, 2028
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EXHIBIT C
Schedule of Fees
45 Line Item Description Unit of Measure Unit Cost
1 Standard On‑Call Crew (2‑person, straight time, incl. service truck & hand tools) /Hr $358.179
2 Mobilization / Call‑Out Fee lumpsum/event $1,074.537
3 Overtime Crew (2‑person, Sat. or >8 hrs/day) /Hr $465.6327 4 Emergency / After‑Hours Crew (2‑person, Sun./holidays, 17:00‑07:00) /Hr $555.1775
5 Provisional Items
Dump Truck (5 ton) with operator /Hr $247.805
Ride‑On Mower (60") with operator /Hr $240.555
Pressure Washer with operator /Hr $135.5895
Construction & Repair Materials (lumber, plywood,
fasteners, paint, etc.)
Only charged when authorized, with receipts; 10%
markup max
Disposal / Tip Fees – green or mixed waste At cost only, no markup Lagestic LLC
City of West Sacramento
Rate Schedule- On-call Property Maintenance Services
46 Date: July 8, 2025
Terms and Conditions

1. Rate Validity:

2. Prevailing Wage Adjustments:

3. Overtime & Emergency Work:

4. Mobilization & Demobilization:

5. Materials & Equipment:

6. Provisional Items:

7. Taxes & Fees:

8. Change Orders:

9. Invoicing & Payment:

10. Compliance:

All work shall comply with applicable federal, state, and local regulations, including Cal/OSHA, labor laws, and City requirements.

Standard rates include reasonable mobilization and demobilization within West Sacramento. Any extraordinary mobilization requirements (e.g., long-distance, special equipment) will be quoted separately.

All necessary tools and equipment for typical maintenance activities are included. Specialty equipment (e.g., man-lifts, compactors) may incur additional charges if not part of standard crew setup.

Rates for provisional items (e.g., hourly equipment use, labor beyond standard scope) shall apply only when approved in writing by the City or its representative.

Prices are exclusive of any local sales tax, permits, or disposal fees unless otherwise noted.

Any work beyond the scope of services shall be performed only upon written approval through a formal change order and may be billed separately.

Invoices will be submitted monthly or per event as agreed upon, with detailed breakdowns. Payment terms are net 30 days unless otherwise specified by contract.

This rate schedule is valid for a period of three (3) years from the start date of the contract, unless otherwise amended in writing by mutual agreement.

Rates are based on current prevailing wage determinations. A maximum annual escalation of up to 4% per year may be applied to labor rates to account for increases in prevailing wage and associated labor burden costs, in line with California DIR updates.

Work performed outside standard working hours (Monday–Friday, 7:00 AM–5:00 PM), on weekends, or holidays, and any emergency callouts shall be subject to applicable overtime rates. 47 Lagestic LLC
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CONSULTANTS
By:

Zachary Davis Beachem-Winder,
Managing Member
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EXHIBIT D

LABOR COMPLIANCE

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

C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less 49 Lagestic LLC
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often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code.

Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5.
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EXHIBIT E

NOTICE TO PROCEED
51 1110 West Capitol Avenue
West Sacramento, CA 95691
(916) 617-4500
www.cityofwestsacramento.org
City of West Sacramento

NOTICE TO PROCEED
Date:

Requested by:

Managing Dept:

Task Start Date:

Completion Date:

The following information must be included on all invoices: (NTP# format: "Contract number-NTP01") • Contract #:
• NTP #:
• GL Cost Center(s):

Notice to Proceed is invalid unless fully executed
Requested by:

Vendor Address:

Contact Name:

Contact Info:

Project Name:

Not-to-Exceed Amount:

Description of Services:
013024
Please specify amount
per cost center for PO setup
☐Change to previous NTP.

Amount of Increase or Decrease:
52 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 1, 2025 ITEM # 4
SUBJECT:

CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT NO. 6 FOR PROFESSIONAL SERVICES WITH DEWBERRY ENGINEERS, INC. FOR THE SYCAMORE TRAIL PHASE III PROJECT (CIP 14027)
INITIATED OR REQUESTED BY: REPORT PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Kevin Tan, Assistant Civil Engineer
Ryan Teves, Senior Civil Engineer
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information for approval of professional services contract Amendment No. 6 with Dewberry Engineers, Inc. for additional design and engineering support services for the Sycamore Trail Phase III Project (“Project”) (CIP 14027).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve Amendment No. 6 to the contract for professional services with Dewberry Engineers, Inc. in the amount of $85,930;
2) Authorize the City Manager, or his designee, to execute Amendment No. 6 with Dewberry Engineers, Inc. in the amount not to exceed $85,930;
3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; and 4) Delegate authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

BACKGROUND
In 2013, the City adopted the Bicycle, Pedestrian, and Trails Master Plan (BPTMP) with the vision of providing one of the nation's top bicycle- and pedestrian-friendly communities. The BPTMP promoted bicycling and walking as practical modes of transportation within the community by laying out an updated vision of connected bikeways, walkways, and trails that link neighborhoods, employment centers, shopping areas, parks, and schools. Included in the 2013 Master Plan was the Sycamore Trail, a five-phase project that extends south from Sacramento Avenue near Yolo Street across the State Route (SR) 50 and the Barge Canal to the intersection of Lake Washington Boulevard and Jefferson Boulevard.

In 2016, the City received $1.15 million in funding from the Sacramento Area Council of Governments (SACOG) and $5.18 million in funding from the California Urban Greening Grant Program through the Natural Resources Agency for the design and construction of the Sycamore Trail Phase II Extension Project.

When the City updated the BPTMP on July 18, 2018, it renewed its commitment to the Sycamore Trail and listed it as one of its signature projects. On August 22, 2018, the City Council adopted the final Initial Study/ Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program for the Sycamore Trail Phase II and Ill Projects.

The City completed Phase I of the Sycamore Trail in April 2019. The first phase provided a multi-use paved trail and trail amenities that connect Westfield Park to Joey Lopes Park. Additionally, Phase II has recently been completed. Improvements include a new bicycle and pedestrian bridge over SR 50 that links Joey Lopes Park to the WUSD Clarendon Street Campus, the current location of Westmore Oaks K-8 School. Phase III will extend the Sycamore Trail south to Stone Boulevard, and Phase IV will extend the trail across the Deep-Water Ship Channel to Southport.

In 2021, the City was awarded $6.189 million in grants from the Caltrans Active Transportation Program (ATP) Cycle 5 for the design and construction of the Sycamore Trail Phase II and III Projects. Of this amount, $3.5 million was awarded for the construction of Phase II, while $2.689 million was awarded for the completion of the design, acquisition of right-of-way, and construction of Phase III. 53 Dewberry Engineers, Inc. Amendment No. 6, Sycamore Trail Phase III Project October 1, 2025

Page 2 of 3 ends

On February 21, 2024, City staff requested that the City Council approve Amendment No. 4 to the design services contract with Dewberry Engineers and its sub-consultants to complete additional design and right-ofway services beyond the initial scope of the contract. The impacts of the trail alignment with adjacent property owners and stakeholders, including Department of General Services, Washington Unified School District and private property owners, required the City to mitigate impacts to key stakeholders as well as secure the necessary easements for the purpose of constructing the trail improvements. These easements required a realignment of the trail at the southern terminus and a shift the trail alignment at the northern access point.

On December 12, 2024, City staff requested that the City Council approve Amendment No. 5 to the design services contract with Dewberry Engineers and its sub-consultants to complete additional design and right-ofway services beyond initial scope of the contract. The additional design efforts were required in response to adjustments in trail alignment to avoid impacts to WUSD property.

ANALYSIS
City staff and the design team have completed and secured the necessary right-of-way activities and revisions to the trail alignment for the final design. Based on the number of right-of-way, utility, and infrastructure improvements needed for the trail design, City staff is requesting an amendment to the design services contract with Dewberry Engineers. Amendment No. 6 accounts for additional efforts not anticipated within the original contract scope, including contract closeout support as well as additional work associated with the design of final plans, specifications and estimates. This amendment also provides sufficient budget for Dewberry to assist with advertising and construction support.

To complete Phase III of the project, the original consultant contract with Dewberry Engineers will need to be amended to include additional compensation identified in the proposal dated September 4, 2025, attached as “Exhibit A” to Attachment 1. The compensation for performance of additional services is $85,930. With this amendment, the total compensation will be $1,617,262.46.

Environmental Considerations
On August 22, 2018, the City Council adopted the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project via Resolution 18-51. As the project has not been modified since that time, no new environmental analysis is required, consistent with State CEQA Guidelines Sections 15162 and 15168(c)(2).

Commission Recommendations
In October and November of 2018, presentations on the Project aesthetics were made to three separate City Commissions including: Arts, Culture, and Historic Preservation; Transportation, Mobility, and Infrastructure; and Parks, Recreation, and Intergenerational Services Commissions. In December 2018, staff presented to the City Council the feedback received from the City Commissions. In July 2019, the Council adopted Resolution 19-71, which formally accepted the Project Transportation Art and Community Identification design and requested its installation within the State right-of-way.

Strategic Plan Integration
Not applicable.

Alternatives
the following alternatives are available to the City Council:
1) Approve the recommended actions as stated above;
2) Make adjustments to the recommended actions; or
3) Decline the recommended actions or cancel the project.

Alternatives 2 and 3 are not recommended, as this is a grant-funded project with a constrained delivery schedule and pursuing them may jeopardize the grant funding already secured.

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

Budget/Cost Impact
This project is included in the City’s current Capital Improvement Program (CIP) as CIP 14027. The project is state funded through the Active Transportation Program in the amount of $2,500,000, and locally funded through Measure E, Measure N and EIFD Bonds in total of $2,139,000. There is sufficient funding available in the project 54 Dewberry Engineers, Inc. Amendment No. 6, Sycamore Trail Phase III Project October 1, 2025

Page 3 of 3 ends

budget for the recommended actions, therefore, no additional funding appropriations are required or requested.at this time.

Table 1: Dewberry Engineers Inc. Amendment 06 Cost Summary Description Amount
Total Project Appropriation (FY 2025/2026) $4,639,000.00 Contract with Dewberry Engineers Inc. (as of
10/01/2025) ($218,352.36)
Project Balance (Before Amendment No. 6) $4,002,724.38
Amendment No. 6 – Professional Engineering Services
Item Amount
Task 11: (Phase II) Construction Support $12,400.00
Task 13: Phase III PS&E $35,030.00
Task 15: Construction Support $38,500.00
Total Amendment No. 6 Costs $85,930.00
Updated Project Balance After Amendment No. 6
Description Amount
Project Balance (Before Amendment No. 6) $4,002,724.38
Amendment No. 6 ($85,930.00)
Remaining Project Balance (Surplus) $3,916,794.38

ATTACHMENTS
1) Contract Amendment No. 6 for Professional Services with Dewberry Engineers, Inc. 2) Vicinity Map
55 ATTACHMENT 1
Dewberry Engineers, Inc.

MC20-039 Sycamore Trail Phase II and III
Expires 12/31/26
AMENDMENT NO. 6
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
and
Dewberry Engineers, Inc.

September 6, 2017
This Amendment No. 6 to the Contract for Services between the City of West Sacramento and Dewberry Engineers, Inc. dated September 6, 2017, is made and entered into this 1st day of October, 2025. Except as expressly amended herein, the September 6, 2017, Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City of West Sacramento and Drake Haglan & Associates executed a contract for services on June 30, 2017, for the Consultant to provide professional services for the Sycamore Trail Phase II and Ill Project (Project); and WHEREAS, Dewberry Engineers, Inc. purchased Drake Haglan & Associates on September 27, 2019. The City acknowledged the acquisition and assigned the Project agreement to Dewberry Engineers, Inc. on November 8, 2019, incorporated herein by reference as Exhibit A; and
WHEREAS, 95% of the design was completed in March 2020 and additional construction funding was needed for Phase II; and
WHEREAS, in 2020, the City applied for additional design and construction funding for Phase II and III from Caltrans Active Transportation Program Cycle 5. In Spring 2021, $3.5 million was awarded for the construction of Phase II, while $2.689 million was awarded for completion of the design, acquisition of right of way, and construction of Phase III, for a combined total of $6.189 million awarded; and WHEREAS, on November 27, 2019, Amendment 1 was executed to extend the term of the contract through August 1, 2021; and
WHEREAS, on December 8, 2021, Amendment 2 was executed to add scope and compensation in the amount of $222,385.23 and extend term through December 31, 2024; and
WHEREAS, on January 18th, 2024, Amendment 3 reallocated the remaining design budget for Phase II to Phase III in the amount of $42,387.65; and WHEREAS, on February 21, 2024, Amendment 4 was executed for completion of Phase III design, acquisition of Right of Way and construction support for Phase II to Phase III in the amount of $99,090.00; and
WHEREAS, on December 4, 2024, Amendment 5 was executed for completion of Phase III design due to new trail alignment and additional tasks in acquisition of Right of Way in the amount of $46,771.92; and
WHEREAS, Dewberry Engineers submitted Amendment 6 requesting additional funds for added design scope due to the new trail alignment, and to replenish construction support task for bidding services and design construction in the amount of $85,930.00 and to extend the contract terms to December 31, 2026; and
WHEREAS, the City and Consultant desire to amend said contract. 56 ATTACHMENT 1
Dewberry Engineers, Inc.

MC20-039 Sycamore Trail Phase II and III
Expires 12/31/26
NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:

I. SCOPE OF SERVICES:

The scope of services as set forth in the Contract for Services dated September 6, 2017, shall be revised to reflect the additional efforts as outlined in Exhibit A.

II. COMPENSATION:

The compensation as set forth in the Contract for Services dated September 6, 2017, shall be revised to include the following:

Compensation shall be increased Eighty-Five Thousand Nine Hundred Thirty Dollars and zero cents ($85,930.00), for said additional services, and total compensation shall not exceed One Million Six Hundred Seventeen Thousand Two Hundred Sixty-Two Dollars and Forty Six cents ($1,617,262.46) without the City’s prior written approval.

III. TERMS
The terms as set forth in the Contract for Services dated September 6, 2017, shall be revised to include the following:

The Term of Contract will be extended to December 31, 2026 and will commence upon the execution of this amendment.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Amanda Berlin, Assistant City Manager
Dewberry Engineers, Inc
By:

Miguel Ramirez, Associate Vice President

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk 57

Page 1 of 3 ends

September 4, 2025
Ryan Teves
Senior Civil Engineer / Project Manager
City of West Sacramento
1110 W Capitol Avenue
West Sacramento, CA 95691
RE: Sycamore Trail Phase II & III Extension Project - Amendment Request Amendment No. 6 - Phase II Project Closeout Activities and Phase III Final Design, Bidding Assistance and Construction Support
Dear Mr. Teves,
Dewberry Engineers Inc. (Dewberry) respectfully requests an amendment to its current contract in accordance with Section 17, "Changes in Terms" of Contract of Services dated September 6, 2017 for the subject project. The need for this amendment is to perform the following additional effort:
- Phase II - Project closeout activities.
- Phase III - Additional efforts required to complete the final design for Phase III and to replenish budget to provide the City with bidding assistance and design support during construction.

The following outlines the requested changes.

Amendment Request
Task Summary - Phase II
Task 11 (Phase II): As Directed by the City (Phase II Construction Support) ($12,400) Task 11 has been used to track construction support charges for the Phase II construction. The Construction activities for Phase II have been completed. As part of the project closeout, our team will be performing the following activities:
o Prepare as-built record drawings following the City’s digital submittal guidance. o Prepare a survey report after performing survey elevations and locations of copper nails that were installed in POC’s curb. Survey information needs to be prepared to 0.005-foot accuracy following the Caltrans SC-Bridge Construction Memo C-13. o Prepare a memo summary to document the low concrete break results.

The $12,400 includes $2,400 for our survey subconsultant.

Task Summary - Phase III
Task 13: Phase III PS&E ($35,030)
Additional effort is required from Dewberry and subconsultants to complete the final plans specifications and estimates for the Phase III project. The additional efforts are a result of additional comments received from the City. Some of the comments include separating the plans, specifications and estimate to include a bid alternate and designing for the installation of an empty conduit for future fiber optic cables within the project limits and preparation of the 58 Mr. Teves
Sycamore Trail Phase II & III Extension Project
Amendment Request #6
September 4th, 2025

Page 2 of 3 ends

technical specifications following the CSI master format. We are requesting an amendment of $35,030 to complete the remaining PS&E tasks to prepare the bid plans for the Phase III project.

The $35,030 includes $10,030 for our electrical subconsultant.

Task 15: Phase III Construction Support ($38,500)
During the development of the final plans, specifications and estimates needed to advertise the project, several items came up that required additional effort beyond what was originally anticipated as part of the original contract. Our team worked with the City to execute a “no-fee” budget reallocation of funds from this Task 15 to other tasks.

As the project gets closer to design completion, our team would like to submit this request for budget amendment (No. 6) to replenish Task 15 Phase III Construction Support, to assist the City with any bidding inquiries that might arise during the bidding period and to address design related questions that might arise during the construction phase of this project.

On typical roadway/trail projects, 2% to 3% of the estimated construction cost is budgeted for engineering design support during construction. For this Phase III project, construction is estimated to be around $3,000,000. Providing an adequate budget before construction starts will allow the team to respond immediately to issues in the field without contractual delays.

Dewberry is requesting a not to exceed budget of $38,500 for engineering support during bidding and construction that will be billed on a time and materials basis. The $38,500 represents approximately 1.3% of the estimated construction cost. The $38,500 includes $7,500 for our landscape architect subconsultant and $1,000 for our electrical subconsultant.

The total additional cost for this amendment request is $85,930.00, The following table summarizes the recent reallocation and amendment request.
59 Mr. Teves
Sycamore Trail Phase II & III Extension Project
Amendment Request #6
September 4th, 2025

Page 3 of 3 ends

We sincerely appreciate your consideration of this request. If you have any questions or would like further clarification on any of these issues, please call at your convenience. Please let me know if you have any questions or comments about this amendment request and thank you again for the opportunity to serve the City of West Sacramento.

Sincerely,
Dewberry Engineers Inc.

Miguel Ramirez, P.E.

Project Manager / Associate Vice President
60 61

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 1, 2025 ITEM # 5

CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES CONTRACT FOR

CONSTRUCTION MANAGEMENT SERVICES WITH PSOMAS FOR THE HIGH SERVICE VAULT PROJECT (CIP 21041)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Amber Wallace, Senior Engineer
Capital Projects Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide the necessary information to the City Council for consideration of approval of the professional services construction management contract with Psomas for the High Service Manifold Repair/Replacement/Vault Installation (CIP 21041).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Award the professional services construction management contract with Psomas for the High Service Manifold Repair/Replacement/Vault Installation Project; 2) Delegate authority to the City Manager, or his designee, to execute a professional services contract with Psomas for an amount not to exceed $780,922;
3) Authorize the City Manager, or his designee, to approve minor amendments to the Scope of Services and execute non-substantive changes or modifications, with approval from the City Attorney; 4) Authorize the City Manager, or designee, to execute amendments within 10% contingency ($78,000); and
5) Authorize the City Manager, or designee, to execute amendments to extend the term of the contract, if necessary.

BACKGROUND
The High Service Pump Station (HSPS) is located at the George Kristoff Water Treatment Plant. It was originally built in 1987 and expanded in 2003–2004 to include space for up to 16 pumps. Over the years, the City has faced issues with leaking and corroding underground suction piping and valves, including a sodium hydroxide leak in 2013 that increased the risk of corrosion and made maintenance difficult due to limited access.

To address these concerns, City staff proposed constructing a new vault to expose the buried suction manifold, improve access for maintenance, and meet safety and security requirements.

In May 2023, the City contracted with Black & Veatch Corporation to design the vault and a new flow meter vault for the HSPS discharge line. Additionally, Blackburn Consulting, Inc. was hired to perform geotechnical and soils testing to inform the design and construction process. The project aims to ensure long-term functionality, safety, and ease of maintenance for this vital infrastructure.

On October 4, 2024, a Request for Qualifications (RFQ) was published to pre-screen qualified contractors for the completion (assessment and construction) of the HSPS Vault and Manifold Repair/Replacement Project.

Seven (7) contractors responded, all of whom have been pre-screened, evaluated, reviewed, and deemed qualified to bid for the construction phase of the project.

On April 10, 2025, the bid results were unexpectedly high in cost. On June 4, 2025, City Council approved the staff recommendation of rejecting all bids. Staff then met with the design team to develop strategies for reducing costs while still meeting the project’s primary objectives. 62 Psomas Construction Management Contract for High Service Vault October 1, 2025

Page 2 ends

ANALYSIS
A Request for Proposals (RFP) was issued on February 12, 2025, to the 25-032-RFQ On-Call Construction Management & Inspection List. Three (3) proposals were submitted by April 4, 2025, and are listed in alphabetical order below:

1. 4 Leaf, Inc.

2. Ghirardelli Associates

3. Psomas
Staff reviewed the proposals based on the proposal transmittal letter, proposer's mandatory qualifications and experience, and technical project approach. Psomas was selected to provide construction management and inspection for the project. The project team will review the plans and specifications of the High Service Vault and Effluent Meter project to determine the most appropriate way to move forward within the City’s budget.

Alternatives
The City Council may decide to:
1) Approve the recommended action as described above;
2) Delay the recommended action and direct staff to return with alternative recommendations; or 3) Reject the recommended action or cancel the project.

Staff recommends Alternative 1 as the best way to move forward in an efficient, effective, and fiscally responsible manner.

Coordination and Review
This report was prepared by the Capital Projects Department, in coordination with the Public Works Department, Finance Department, and the City Attorney’s Office.

Budget/Cost Impact
This project is included in the City’s Capital Improvement Program (CIP) FYs 23/24 and 24/25, approved by the Council on June 28, 2023, as CIP-21041 High Service Manifold Repair/Replacement/Vault Installation Project.

There is sufficient funding available in the project budget, therefore, no additional funds are required or requested for this contract at this time.

Table 1: HSPS Vault and Manifold Project Funding Summary Appropriation / Cost Item Amount
Water Fund 507 $4,200,000.00
Encumbrances and Costs
Black & Veatch (Design) $609,785.71
Psomas (Construction Management) $780,922.00
10% Contingency $78,000.00
Staff Time and ICAP $300,000.00
Total Remaining $2,345,292.29
63 Psomas Construction Management Contract for High Service Vault October 1, 2025

Page 3 ends

ATTACHMENTS

1. Vicinity Map

2. CPE25-288 Psomas Contract
64 1765
PSOMAS
CPE25-288 – WTP High Service Manifold
Expires on 10/1/2028
1 11.4.2024

CONTRACT FOR SERVICES
THIS CONTRACT is made on October 1, 2025, by and between the CITY OF WEST SACRAMENTO (“City”), and PSOMAS (“Consultant”).

WITNESSETH:

WHEREAS, the City desires professional construction management and inspection services for the High Service Manifold and Effluent Meter Project; WHEREAS, the Consultant has presented a proposal for such services to the City, dated April 11, 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 necessary to completion of the services described in Exhibit “A” This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

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

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon October 1, 2025, 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 October 1, 2028.

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

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses, but in no event shall total compensation exceed seven hundred eighty thousand, nine hundred twenty-two dollars ($780,922), 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 monthly billing showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

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:

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 67 PSOMAS
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by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

6. EXTENSIONS OF TIME:

7. PROPERTY OF CITY:

8. COMPLIANCE WITH ALL LAWS:

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

Consultant shall assist City in providing the same.

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract. 68 PSOMAS
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C. The work contemplated under this Contract is a public work for the purposes of Labor Code section 1720, and is subject to the payment of prevailing wages. Accordingly, Consultant shall comply with the provisions of Exhibit "E".

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

10. SUBCONTRACTING:

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the 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 69 PSOMAS
CPE25-288 – WTP High Service Manifold
Expires on 10/1/2028
5 11.4.2024
warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

15. INDEMNITY AND LITIGATION COSTS:

16. CONSULTANT TO PROVIDE INSURANCE:

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following 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 70 PSOMAS
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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.

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

16.B.2.b).

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

17. MISCELLANEOUS PROVISIONS:

C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work 72 PSOMAS
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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.

City: City of West Sacramento
Attn to: Amber Wallace
1110 West Capitol Avenue 1st Flr
West Sacramento, CA 95691
Email: [email protected]
Consultant:

PSOMAS
Attn to: Frank Martin
1410 Rocky Ridge Drive, Suite 300
Roseville, CA 95661
Email: [email protected]
F. This Contract shall be interpreted and governed by the laws of the State of California.

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

H. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

I. 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]
73 PSOMAS
CPE25-288 – WTP High Service Manifold
Expires on 10/1/2028
9 11.4.2024

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
PSOMAS
By: _________________________
Frank Martin, Vice President
74 PSOMAS
CPE25-288 – WTP High Service Manifold
Expires on 10/1/2028

EXHIBIT A
Consultant Proposal/Scope of Work
75 7
Effective and timely communication is
imperative. We all know that emails, face to face
conversations, and meetings are necessary,
however the process must be managed and
documented so that information and decisions
are easily retrievable and shared. We have used
Procore, an online management tool, very
successfully with many clients. While most are
aware of Procore’s effectiveness in managing the
submittal and RFI process, it also has many other
functions (document storage, meeting agendas
and minutes, change management, etc.). We will
work with the City to tailor the use of Procore to
meet their needs and desires for this project.

Scope of Services
The following describes tasks typically performed
as part of construction management services.

Working with the City, the actual tasks and
the processes needed to perform them will
be developed after contract award. Cliff will
be responsible for assigning tasks to the team
and ensuring successful completion. Cliff will
be available to City to address any contractual
issues and help with any major field issues. He will
provide guidance to the team as necessary and
deliver the services the City expects.

Task 1 – Construction Management Plan: Our RE
will take on this task. Using plans from previous
projects, he will work closely with the City to
develop plans and procedures tailored to the
needs of city personnel. This plan will detail how
we will manage submittals and RFIs, run meetings,
schedule and perform inspection, etc. The OE will
provide editing and format assistance as well as
performing a QC check on thoroughness.

Task 2 – Administration: Our RE will take on the
main responsibility for this task. The inspector will
provide field related information the RE needs for
the reports. The OE will compile the information
needed for reports well as track, edit, and file the
completed reports and related information.

Task 3 – Pre-Bid Contract Document and
Constructability Review: The CM, RE, and
inspector will perform a thorough constructability
review of the contract documents and
provide a summary of our findings along with
recommendations where corrections are
needed. We will also review other project related
documents provided by the City to help inform
our administration of the project to verify the
final project meets the City’s needs. This review
will allow us to resolve potential issues early
to minimize cost impacts. The RE and OE will
prepare the schedule and other reports required
for this task.

Task 4 – Documentation of Pre-Construction
Conditions: Our inspector will take the lead
in obtaining photos and videos of the existing
conditions. The OE may assist in compiling and
storing the information in manner acceptable to
the City. An option we can offer the City is to have
our survey team fly a drone of the area.

Task 5 - Documentation and Record Keeping:

The RE will have overall quality control of the
project documentation. Hard copies of the
project documents will be kept at the RE office
and organized and managed by our OE. Our
inspector will maintain a redlined markup of the
contract drawings to document changes and
other items not shown on the drawings that
impacted construction. We will store photos in
Procore. The inspector will upload them with
assistance as needed from the OE to document
proper labeling and creation of albums as needed.

Other reports such and material testing and
inspections will be provided electronically and
stored in Procore.

Task 6 – Meetings: In additions to the weekly
status meetings, our RE will run all other project
meetings such as the precon, meetings with
the designer and City to resolve design issues,
change order meetings, and coordination
meetings with others as needed. Agendas and
minutes will be prepared by our OE and stored
within Procore. Action items as result of these
meeting will be tracked by the RE to provide
timely resolution.

Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
76 8
Task 7 – Schedule Review: Our RE understands
construction scheduling and will review the
contractor’s baseline schedule for compliance
with specified restrictions, make sure it
adequately represents all work associated with
the contract, and the logic is sound. We will
require updates at least monthly and will approve
them prior to payment. He will also monitor that
weekly look- ahead schedules are provided for
each project status meeting. These look-ahead
schedules provide more detail for current and
imminent tasks enabling our field staff to better
prepare for upcoming work. Our OE will oversee
they are properly stored and distributed.

Task 8 – Cost Control and Monthly Progress
Payments: The RE will collaborate with the
contractor to obtain a progress payment
request in a format acceptable to the City and
enable straightforward review of the requested
quantities. Our inspector will sign off on
quantities and percentages prior to submission
by the contractor. Our RE will review the request
and resolve any questions with the inspector and
contractor prior to approval. Once approved, our
OE will collaborate with contractor’s accounting
department to prepare the formal request for
signature and submission to the City.

Task 9 – Contract Modification and Extra Work,
Contract Change Orders, Claims: There are
several causes of extra work on a construction
contract. Such as the City desiring something
changed or added to better meet the intent of
the project, the designer may need to correct
an error, or unforeseen conditions such as
unmarked utilities or unexpected soil conditions.

For directed changes, the RE will review that
the City and designer provide clearly marked
up drawings and needed details to thoroughly
describe the work. The RE and inspector will work
with the contractor to implement the change
as well as negotiate a fair price. Our inspector
will investigate and fully document any field
instigated changes and claimed extra work by
the contractor. Our RE will determine if the extra
cost is warranted and recommend a course of
action to the City. Our goal is to prevent items
from escalating to a formal claim, however, we
are prepared to support the City in analysis and
provide recommendations on how to proceed.

Once final costs are negotiated, our RE and
OE will work with the City to create the formal
contract change order along with all required
backup documentation.

Task 10 – Submittals and Clarifications: We will
use Procore to manage the submittal and RFI
process. Our OE will take the lead in ensuring
submittals and contractor’s RFIs are clear prior
to distribution. Our RE will work with the City
to develop standard workflow for these items.

However, the workflows are easily modified to
verify the information is provided to the proper
reviewer when the standard workflow does not
apply. The OE will use the tools in Procore to
generate tracking reports that can be used on a
weekly basis to make sure items are under review
and we receive timely responses.

Task 11 – Field Inspection and Quality
Assurance: Our inspector will be onsite during
any field activities ensuring that the work
complies with the contract documents. He will
work with the contractor to resolve issues to
minimize escalation to the RE and City. He will
document the work with daily written reports
and photographs. The RE will use much of this
information to create weekly reports. The format
for these reports will be created at the beginning
of the project in conjunction with the City to
provide the required information. Our inspector
will also coordinate required field testing.

Task 12 – Testing: Our inspector will coordinate
with Twining to schedule appropriate testing
for concrete and soil compaction. Compaction
test results will be shared with our inspector and
contractor and any failed areas will be addressed
immediately. Twining will provide electronic
copies of the reports for storage in Procore.

Task 13 – Field Completion and Acceptance:

Final completion and acceptance is something
most think of as the project nears completion.

This is normally the time when the work is
reviewed with the City and a punchlist provided to
Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
77 9
the contractor. While this will happen, we use this
approach throughout the project to verify items
are complete instead of just adding them to the
punchlist at the end. We will notify the City once
we consider the project 100% complete.

Optional Service: One of the biggest frustrations
on a construction site is the presence of unknown
and unidentified underground utilities. Every
project requires the Contractor to pothole for
existing utilities but then pays extra for the
removal or work around of unknown underground
utilities. Our experience on similar projects
suggests that this project will be no different. If
the City desires, we will engage our Subsurface
Utility Engineering (SUE) Team to investigate
the possibility of unknown underground utilities
anywhere this is likely. They perform the typical
level of locating existing utilities just as any other
USA locator would. Existing utilities were marked
and compared to the project plans. Next, they
deploy their Ground Penetrating Radar (GPR) unit.

This unit provides a next level of underground
locating. The existing utilities are again verified
and the GPR is run over the subject area to locate
anything not marked by typical methods.

Psomas would like to discuss the possibility
of utilizing our SUE Team to perform detailed
subsurface utility data acquisition and modeling
as part of the constructability review process to
identify potential design conflicts. The utilization
of SUE has been studied by numerous universities
in cooperation with FHWA and DOT and reported
to produce a significant return on investment.

All studies cite that the money saved was due to
fewer alignment changes, fewer RFI’s and fewer
utility strikes during construction.

Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
Per field converrsation on 8/12/2025,
Joe noted this was already performed.
78 PSOMAS
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EXHIBIT B
Schedule of Performance
Contract Start Date 10/1/2025
Contract End Date 10/1/2028
79 PSOMAS
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EXHIBIT C
Schedule of Fees
80 Consultant Name PSOMAS
DIRECT LABOR Staged Construction
Total Hourlyd Project
Name Company Classification Hours Rate Total
Cliff Watson, PE Psomas PM @ 278.00 56 $ $ 15,568
Jonathan Eden Psomas RE b
896 @ $ 260.00 $ 232,960
Inspector Psomas Inspection @ 225.00 1,502 $ $ 337,950
Inspector - OT Psomas Inspection, OT a
8 @ $ 284.00 $ 2,272
Kristen Havrilenko Psomas Office Engineer c
884 @ $ 158.00 $ 139,672
b RE hours estimated at an average of 20 hours per week based on experience with similar sized projects c The Office Engineer position was included as she will add value to the project and lessen the demands on the RE's time d Hourly rates are valid from July 2025 through August 2026 Subtotal Direct Labor Costs 728,422 $
Vehicles (Included in Overhead) $ -
Field Equipment and Supplies $ - Assumes no field office Office Supplies $ - Assumes no field office
Travel (Source Inspection) $ - No travel expected
Miscellaneous Expenses $ - None anticipated
Twining - Materials Testing 25,000.00 $
Frisch Engineering - Electrical Inspection 25,000.00 $
Subcontractor Total 50,000.00 $
Subcontractor MU 2,500.00 $ 5%
Subtotal 780,922 $
Low bid
TOTAL COST $ 780,922 $ 8,100,000 9.6%

SUBCONTRACTORS

OTHER COSTS
West Sacramento
Cost Proposal August 2025, Rev 1
Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project a OT work hours estimated based on hot tap for bypass during overnight shift.

NOTE: Construction docs state 250 calendar days. NTP from assumed 11/1/2025 based on current date (8/12/25), which places completion on 7/10/2026 with estimated 1.7 months of closeout. The above is based on the these assumed durations and dates. 81 Work Start Assume NTP 11/1/2025
Start End
10/7/25 10/31/25 11/1/25 11/30/25 12/1/25 12/31/25 1/1/26 1/31/26 2/1/26 2/28/26 3/1/26 3/31/26 4/1/26 4/30/26 5/1/26 5/31/26 6/1/26 6/30/26 7/1/26 7/10/26 7/11/26 7/31/26 8/1/26 8/31/26

NAME FIRM RESPONSIBILITY
Working Days
Cliff Watson, PE Psomas PM 20 36 56
Jonathan Eden Psomas REb228 668 896
Inspector Psomas Inspection 352 1150 1,502
Inspector - OT Psomas Inspection, OTa 8 0 8
Kristen Havrilenko Psomas Office Engineerc216 668 884
Total Hours 824 2522 3,346
b RE hours estimated at an average of 20 hours per week based on experience with similar sized projects c The Office Engineer position was included as she will add value to the project and lessen the demands on the RE's time NOTE: Construction docs state 250 calendar days. NTP from assumed 11/1/2025 based on current date (8/12/25), which places completion on 7/10/2026 with estimated 1.7 months of closeout. The above is based on the these assumed durations and dates.

Part-Time
Full-Time
Overtime
a
OT work hours estimated based on hot tap for bypass during overnight shift.

West Sacramento
Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project Manpower Utilization
Pre-Con
Construction 2025
Construction
Total
Hours
60 180
8 72
40 18
November December
17 136
68 176
8 88
22 8
68 280 364
20 4
80 160
80 324
4 88
15 4
60 60
60 2025 Hours
2026
Hours
160
80 214
Construction 2026
January July August
Post-Construction
20 4
80 42
84 21
4 84
308
March
22 4
88 176
88 356
February
19 4
76 152
76 88
356
May June
21 4
84 168
84 340
April
22 4
88 176
324
28 116
July
7 4
28 56
184
82 10
The following are our standard rate sheets for the personnel assigned to this project. A full budget can be developed upon contract award once the full scope of services is understood.

Cost Proposal
2025 FEE SCHEDULE
Northern California
Construction Management Services

HOURLY RATES
Effective from January 1, 2025 – December 31, 2025
Student Intern $ 65 - $ 85
Project Administrator $ 90 - $105
Office Engineer $100 - $175
Assistant Resident Engineer $150 - $230
Construction Inspector (non-prevailing wage) $155 - $185 Construction Inspector (prevailing wage) $170 - $250
Senior Construction Inspector (prevailing wage) $175 - $260 Construction Manager/Resident Engineer $175 - $275
Senior Construction Manager/Senior Resident Engineer $210 - $295 Project Manager $200 - $300
Principal-In-Charge/Contract Manager $235 - $325
Rates for prevailing wage and non-prevailing wage inspectors reflect the prevailing wage rate increase that occurred on August 22, 2024. Further rate increases are scheduled for July 1, 2025. Actual rates for inspectors will be provided in a Federal Form 10-H created from audited reports each year.

Rates for engineers and managers increase at an average of 4% per year. This is reflected in the billing rate bands shown above. Actual rates for engineers and office engineers will be provided in a Federal Form 10-H created from audited reports each year.

Other Costs
Extraordinary expenses, such as subsistence, air travel, and large reproduction expenses will be charged at cost. The services of outside consultants will be charged at cost plus five percent. Standard computer and technology costs are incorporated into the above hourly rates.

The above schedule is for straight time and includes overhead. Overtime will be charged at 129 percent of the standard hourly rates. Night work will be charged at 112 percent of the standard hourly rates.

Sundays and Holidays will be charged at 170 percent of the standard hourly rates.

Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
83 11
F R I S C H E N GI N E E R I N G, I N C . Consulting Electrical Engineers Consulting Electrical Engineers 13405 Folsom Blvd,. Unit 600 13405 Folsom Blvd,. Unit 600 Phone 916.353.1025 Folsom, CA 95630 Folsom, CA 95630
The following rates apply to hourly engineering services for design, studies, inspections, programming, testing, and management. All services will be invoiced monthly per the rate schedule:

FRISCH ENGINEERING INC.
2025 RATE SCHEDULE
Name Title Hourly Rate
Thomas Frisch, PE
Michael Frisch, P.E.

Principal Electrical Engineer
Senior Programmer
(Field work, meetings, work
review)
$250 per hour
Thomas Frisch, PE
Michael Frisch, P.E.

Senior Electrical Engineer
Senior Programmer
(Office work)
$235 per hour
Martin Yarbrough
Mike Rogers
Senior Electrical Designer
Senior Programmer
$205 per hour
Nigel Wakefield
Nik Conant
Brian Woodin
Junior Electrical Designer
Junior Programmer
$180 per hour
Various Staff Associate Electrical Designer $140 per hour The above hourly rates include overhead costs such as: travel via owned vehicle for on-site work , telephone, photocopies, computer costs, copying, and insurance for Local Area work.

The hourly rates do not include expenses such as rental equipment, airline tickets, rental vehicles, lodging, non-incidental photocopying and materials. Miscellaneous expenses will be billed at cost + 10% as expressly listed in the project’s scope of work.

Rate escalation of 5% per hour is scheduled for next January 1 and each anniversary thereafter.

Frisch Engineering, Inc. has $1M general liability insurance, $1M auto liability insurance, $5M umbrella liability insurance, State required workers’ compensation insurance, and $3M/5M professional liability insurance.

Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
84 12
Schedule Of Fees 2024-2025
NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.

Personnel Rates: Per Hour Unless Otherwise Noted
Equipment Usage (Daily Unless Otherwise Noted),
Engineering And Consulting Personnel Rate Continued Rate Senior Principal Advisor/Consultant $ 390.00 Air Meter $ 37.00 Principal Engineer/Geologist $ 280.00 Unit Weight Bucket $ 28.00 Metallurgical Engineer $ 390.00 Field Concrete Scale $ 37.00 Registered Geotechnical Engineer $ 280.00 2" x 2" x 2" Mold $ 26.00 Technical Advisor $ 260.00 Nuclear Gauge (Per Hour) $ 13.00 Material Scientist, Welding/NDT Consultant $ 275.00 Sand Cone Density Test Equipment $ 60.00 Registered Geologist/Certified Engineering Geologist $ 275.00 Pull Test Equipment $ 74.00 Senior Engineer/Geologist $ 250.00 Concrete/Asphalt Coring Equipment $ 720.00 Registered Civil Engineer $ 240.00 Floor Flatness (Dipstick) $ 63.00 Roofing/Waterproofing Consultant $ 265.00 Schmidt Hammer $ 48.00 Project Engineer/Manager $ 235.00 Vapor Emission Test Kits $ 58.00 Quality Control Manager $ 235.00 Relative Humidity Probe $ 90.00 Senior Staff Engineer/Geologist $ 220.00 UPV (Ultrasonic Pulse Velocity) Meter $ 420.00 Staff Engineer/Geologist $ 205.00 Fireproofing Adhesion/Cohesion (Per Test) $ 42.00 Quality Control Administrator $ 205.00 A Scan Ultrasonic Equipment And Consumables $ 100.00 Metallurgical Technician $ 175.00 Magnetic Particle Equipment And Consumables $ 53.00 CADD Operator/Draftsperson $ 160.00 Liquid Penetrant Consumables $ 48.00 Administrative Support $ 105.00 Phased Array Ultrasonic Equipment (Per Hour) $ 105.00 Field Supervisor $ 195.00 Ground Penetrating Radar $ 399.00 Safety Supervisor $ 195.00 Impact Echo $ 405.00
Laboratory Manager $ 180.00 Ultrasonic Tomography $ 525.00 Laboratory Technician $ 155.00 Inertial Profiler (Per Hour) Quotation Expert Witness Testimony $ 630.00 Borescope $ 315.00
Qualified SWPPP Developer $ 220.00 Infrared Camera $ 105.00 Qualified SWPPP Practitioner $ 205.00 Project Dedicated Vehicle $ 189.00 Vibration Engineer $ 240.00 Roller Compacted Concrete Vibrating Hammer/Tamping Plate $ 84.00 Half-Cell Potential Equipment Set $ 405.00
Concrete Electrical Resistivity Meter $ 189.00
Field Inspection Personnel Rate Field Hardness (Steel) $ 116.00 Concrete/Reinforced Steel Inspector $ 145.00 Coating Thickness Gauge $ 116.00 Prestressed/Post Tensioned Inspector $ 145.00 Curing Box (Not Temperature Controlled, One-Time Fee/ $ 788.00 Concrete ICC Inspector $ 145.00 Per Box)
Drilled-In-Anchor Inspector $ 145.00 Temperature Control Curing Box (Per Month) $ 525.00 Gunite/Shotcrete Inspector $ 145.00 Temperature Matching Curing Box (Per Month) $ 599.00 Masonry Inspector $ 145.00
Structural Steel/Welding Inspector $ 145.00
AWS Certified Welding Inspector $ 145.00 Specimen Pick-Up Rate Fireproofing Inspector $ 145.00 Soil/Aggregate Sample (Each) $ 55.00 Lead Inspector $ 148.00 Standard Sample: Concrete Cylinders (Each) $ 33.00 Firestop Special Inspector - IFC Premier $ 205.00 Standard Sample: Mortar/Grout Cubes And Cores, $ 33.00 Firestop Special Inspector - IQP $ 225.00 Fireproofing, Rebar, And Epoxy Prisms (Each) Asphalt Field and Plant Inspector/Technician $ 145.00 Oversize Sample: Masonry Prisms And Shotcrete Panels (Each) $ 77.00 Pile Driving Inspector $ 145.00 Oversize Sample: Flexural Beams (Each) Soils Technician $ 145.00 Technician For Specimen Pick-Up Not Listed Above $ 132.00 Concrete Quality Control (ACI/Caltrans Technician) $ 145.00 (Per Hour, 2-Hour Minimum) Wood Framing Inspector $ 145.00 Technician For Specimen Pick-Up Before 5:00 a.m. $ 143.00 Roofing/Waterproofing Inspector Quotation Or After 5:00 p.m. Monday Thru Friday, Or All Day Saturday Public Works Inspector Quotation (Per Hour, 2-Hour Minimum Plus Mileage) Mechanical Inspector $ 195.00
Electrical Inspector $ 195.00
Plumbing Inspector $ 195.00 Jobsite Trailer, Mobile Or On-site Laboratory Rate Building Inspector $ 195.00 Portable Or Mobile Laboratory Unit Quotation Vibration Monitoring Technician $ 165.00 Jobsite Trailer, Conex, Or Equipment Storage Box Quotation Field Engineering Technician $ 145.00
Concrete Tests (Field Made Specimens) Rate
Shop Inspection Personnel Rate 6" x 12" Cylinder Compression Strength (ASTM C39) $ 54.00 Structural Steel Fabrication Inspector $ 147.00 4" x 8" Cylinder Compression Strength (ASTM C39) $ 43.00 Batch Plant Quality Control Technician/Inspector $ 147.00 Density Of Structural Lightweight Concrete Equilibrium $ 107.00 Glue-Laminated Fabrication Inspector Quotation Oven Dry Method (ASTM C567) Pre-Cast Concrete/Pipe Fabrication Inspector $ 147.00 Core Compression Including Trimming (ASTM C42) $ 91.00 6" x 6" x 18" Flexural Beams Not Exceeding Referenced $ 118.00 Size (ASTM C78, C293 or CTM 523)
Nondestructive Testing Personnel Rate Splitting Tensile Strength (ASTM C496) $ 118.00 NDE Ultrasonic Testing Technician $ 150.00 Modulus Of Elasticity Test (ASTM C469) $ 348.00 NDE Magnetic Particle Testing Technician $ 150.00 Rapid Chloride Permeability Test: Cylinders Or Cores $ 626.00 NDE Dye Penetrant Testing Technician $ 150.00 (ASTM C1202) Combination NDE Technician/Welding Inspector $ 150.00 Density, Absorption, And Voids In Hardened Concrete $ 632.00 Radiographic Testing (Crew Of 2) Quotation (ASTM C642)
NDE Engineer $ 255.00 Flexural Toughness (ASTM C1609, Formerly ASTM C1018) $ 1,017.00 Double Punch Strength Of Fiber Reinforced Concrete $ 642.00 Coefficient Of Thermal Expansion Of Concrete $ 642.00
Equipment Usage (Daily Unless Otherwise Noted) Rate (CRD 39, AASHTO T336) Skidmore $ 51.00 Bulk Electrical Resistivity (One Age Of Testing, ASTM C1876) $ 161.00 Torque Wrench, Small $ 21.00 Flexural Tensile Strength Of Metallic Fiber Reinforced Concrete $ 1,124.00 Torque Wrench, Large $ 32.00 Beam (EN 14651)
Torque Multiplier $ 48.00
10409
10020
95312
10007
95342
10015
95374
95360
40005
40012
10515
30002
10523
50003
10519
10521
95315
10305
95324
95321
95333
95348
95319
60003
70003
10013
30000
70000
95339
95103
95306
95307
10010
10011
95330
10019 95303
Task
70101
10107
60001
10113
10122
20102
10117
20107
75001
20109
70103
Task
Code
10115
10501
20101
20103
10500
20104
95356
95369
10109
95372
95370
95371
95373
91010
Task
Code
30001
95368
20100
Task
Code
91000
10103
10105
95357
Task
95364
Code
95367
10101
95349
10005
95341
10003
10009 95336
95347
95345
95351
90001
95300
10026
10001
10017
95322
20209
10325
10328 20205
20207
20211
80003
Task Code
Code
10301 20202
10309 20203
20201
20000
98000
Task
Code
95318
95309
40006
40009
80013
Task
Code
10401
95323
95343
70107
10403
Task
Code
80006
10405
91030
90005
10111
95362
95352
10201
10203
10207
1 Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
85 13
Concrete Specimen Preparation Rate Qualification Of Cements Rate Sawing Of Specimens (Each) $ 49.00 Chemical Analysis Of Portland Cement Per Standard $ 803.00 Coring Of Specimens In Lab (Each) $ 49.00 Requirements (ASTM C150) Grinding Of Concrete Below 6000 psi Strength (Each) $ 70.00 Physical Testing Of Portland Cement Per Standard $ 803.00 Grinding Of Concrete 6000 psi Strength And Above (Each) $ 105.00 Requirements (ASTM C150) Physical Testing Of Type K Cement, Mortar Expansion $ 803.00 Laboratory Trial Batch: Concrete, Cement (ASTM C806)
And Mortar Rate Physical Testing And Chemical Analysis Of Portland Cement $ 1,498.00 Compression Test 4" x 8" Cylinders Made And Tested In $ 67.00 Per Standard Requirements (ASTM C150) Laboratory (ASTM C192, C35) Partial Analysis Or Specific Physical Tests Quotation Compression Test 6" x 12" Cylinders Made And Tested In $ 80.00 Sulfates Resistance Of Hydraulic Cement (ASTM C1012), $ 3,210.00 Laboratory (ASTM C192, C35) 6 Months
6" x 6" x 18" Flexural Beams Made And Tested in Laboratory $ 124.00 Sulfates Resistance Of Hydraulic Cement (ASTM C1012), $ 3,531.00 (ASTM C192, C78) 12 months
Splitting Tensile Strength Cylinders Made And Tested In $ 140.00 Type 1L Cement (ASTM C595; Excludes Special Properties) $ 1,498.00 Laboratory (ASTM C192, C496) Clinker Microscopy, Per Sample $ 910.00 Modulus of Elasticity Test Cylinders Made And Tested In $ 364.00 Laboratory (ASTM C192, C469) Physical Testing Of Chemical Admixtures For Density Of Structural Lightweight Concrete Made In $ 129.00 Concrete Rate Laboratory, Equilibrium or Oven Dry Method (ASTM C567) Qualification Of Admixture (ASTM C494) Quotation Bulk Electrical Resistivity (ASTM C1876) $ 188.00
Laboratory Trial Batch (ASTM C192/Lab Procedure Performance) $ 626.00 Concrete Mixture Design For Preconstruction Evaluation And $ 295.00 Evaluation Of Pozzolans And Slag Cement Rate Backup Data Development Chemical Analysis Of Fly Ash Per Standard Requirements $ 803.00 Drying Shrinkage Up To 28 Days, Three 3" x 3" Or 4" x 4" Bars, $ 610.00 (ASTM C618) Five Readings Up To 28 Dry Days (ASTM C157) Physical Testing Of Fly Ash Per Standard Requirements $ 803.00 Additional Reading, Per Set Of Three Bars $ 63.00 (ASTM C618) Storage Over Ninety (90) Days, Per Set Of $ 49.00 Partial Analysis Or Specific Physical Tests Quotation Three Bars, Per Month Chemical Analysis And Physical Testing Of Fly Ash Per $ 1,498.00 Setting Time Up To 7 Hours (ASTM C403) $ 193.00 Standard Requirements (ASTM C1618) Bleeding (ASTM C232) $ 193.00 Qualification Of Silica Fume Per Standard Requirements $ 1,498.00 Concrete Restrained Expansion (ASTM C878) $ 696.00 (ASTM C1240) Mix, Make and Test Mortar or Grout Specimens for Compressive $ 642.00 Qualification Of Slag Cement Per Standard Requirements $ 1,498.00 Strength: Set of 6 (ASTM C878) (ASTM C989)
Non-Shrink Grout: Height Change After Final Set (ASTM C1090) $ 626.00 Effectiveness Of Pozzolans & Slag Cement In Mitigating $ 1,498.00 Non-Shrink Grout: Height Change At Early Age (ASTM C827) $ 1,017.00 Expansion Due To ASR (ASTM C441) Cracking Resistance, Set Of Three Rings, Laboratory Trial $ 6,634.00 Batching, Test Until Cracking Or Up To 28 Days (ASTM 1581) Evaluation Of Pre-Packaged Masonry Mortars (ASTM C270) $ 1,391.00 Mass Concrete - Engineering And Testing Services Rate Creep (ASTM C512) (One Age Of Loading, 12 Months $ 10,005.00 Thermal Control Plan (Without Cooling Pipes) Per A Unique $ 9,000.00 Duration Of Testing) Type Of Placement Of Similar Group Of Placements, Each Plan Laboratory Development of Strength-Maturity Curve Without $ 3,424.00 Thermal Control Plan (With Cooling Pipes), Per A Unique $ 10,500.00 Establishing Datum Temperature (Up To 5 Testing Ages, Type Of Placement Of Similar Group Of Placements, Each Plan ASTM C1074) Performance Based Maximum Temperature Difference $ 6,000.00 Laboratory Development Of Strength-Maturity Curve With $ 5,564.00 Laboratory & Analytical Studies, One Concrete Mixture Design Establishing Datum Temperature (Up to 5 Testing Ages,
ASTM C1074) Rock And Concrete Aggregates - Petrographic Examination & Special USACE & CRD Tests Rate
Rock Type Description, Per Sample (Rock Core Or Rock $ 1,000.00 Evaluation of Mixing Water for Concrete Rate Chunk)
Evaluation of Mixing Water For Concrete Per The Requirements $ 1,070.00 Rock Type Description + XRD Including Clay Analysis, $ 1,500.00 Of ASTM C1602, Table 1 (Physical Properties Of Mortar), Per Per Sample Sample Natural Aggregates - Petrographic Examination (Gravel And $ 2,750.00 Evaluation Of Mixing Water For Concrete Per The Requirements $ 1,284.00 Natural Sand Consisting Of Single Rock Type ASTM C295) Of Caltrans, Section 90, Per Sample Each, One Sample
Crushed Aggregates - Petrographic Examination (Crushed $ 27,520.00 Concrete - Chemical Analysis, Transport Properties, Rock And Manufactured Sand Consisting Of Single Rock Type Service Life Modeling, Petrographic Examination Rate ASTM C295), Each, One Sample Acid-Soluble Chloride Analysis (ASTM C1152) $ 321.00 Coarse Aggregate Certification For Deleterious Materials Per $ 6,500.00 Includes Sample Prep) Specifications Of USACE, Materials Coarser Than 0.75-Inch Water-Soluble Chloride Analysis (ASTM C1218) $ 204.00 Each, One Sample, 200 lb. (Includes Sample Prep) Coarse Aggregate Certification For Deleterious Materials Per $ 5,500.00 Chloride Diffusion Coefficient Of Cementitious Mixtures By $ 3,103.00 Specifications Of USACE, 0.75-Inch And Finer Material, Each, Bulk Diffusion (ASTM C1556) One Sample, 25 lb.

Bulk Resistivity (ASTM C1876) And Formation Factor $ 696.00 Fine Aggregate Certification For Deleterious Materials Per $ 2,750.00 Chloride Binding Isotherm $ 910.00 Specifications Of USACE, Each, One Sample Analytical And Experimental (ASTM C1556) Modeling Of Service $ 8,560.00 Aggregate, Scratch Hardness (CRD-C 130), Each, One Sample, $ 500.00 Life Of Concrete Per Life-365 Model, Per Mixture Design 25 lb.

Analytical And Experimental (NordTest) Modeling Of Service $ 8,560.00 Life Of Concrete Per FIB Model Code 34, Per Mixture Design Non-Steady State Chloride Migration Coefficient, NordTest 492 $ 669.00 Soils And Aggregate Tests Rate Petrographic Examination Of Hardened Concrete, Level I $ 1,750.00 Abrasion: LA Rattler (ASTM C131) $ 248.00 (ASTM C856) (Excludes Thin Section), Per Sample Abrasion: LA Rattler (ASTM C535) $ 258.00 Petrographic Examination Of Hardened Concrete, Level II $ 2,250.00 Atterberg Limits/Plasticity Index (ASTM D4318, CTM 204) $ 206.00 (ASTM C856) Includes Thin Section, Per Sample California Bearing Ratio Excluding Maximum Density $ 670.00 Petrographic Examination Of Hardened Concrete, Level III $ 3,500.00 (ASTM D1883) Soil (ASTM C856/C1723) (Thin Section And SEM/EDX), Per Sample California Bearing Ratio Excluding Maximum Density $ 824.00 W/CM Determination (NordTest Build 361) $ 1,338.00 (ASTM D1883) Cement-Treated Soil Examination Of Volumetric Proportions Of Hardened Concrete $ 535.00 Cement-Treated Soil/Base Mix Design: Includes Three Trial $ 4,223.00 (ASTM C457), Per Sample Cement Contents With Three Unconfined Compressive Air Void Analysis Of Hardened Concrete (ASTM C457), $ 750.00 Strength Specimens Per Cement Content Per Sample Chloride And Sulfate Content (CTM 417, CTM 422) $ 230.00 Electron Microscopy (ASTM C1723) $ 803.00 Clay Lumps And Friable Particles (ASTM C142) $ 260.00 Paste Carbonation Analysis, Per Sample $ 268.00 Cleanness Value 1" x #4 (CTM 227) $ 220.00 Insoluble Residue Analysis (ASTM C1324) Quotation Cleanness Value 1.5" x .75" (CTM 227) $ 340.00 Alkali-Silica - Damage Rating Index (DRI), Per Sample $ 1,338.00 Collapse Potential/Index (ASTM D5333) $ 279.00 80222
80224
80228
80260
30503
30505
80208
80199
Task
Code
80274
30321
80270
80218
80276
30403
70393
70344
30322
Task
80206
80129
80204
20151
20157
20159
20160
30217
30216
Task
Code
30223
80238
80123
80234
80246
80232
80252
80106
80110
80111
Task
80159
30205
30237
30234
Task
20265
30231
30233
80195
80147
30201
30211
80198
80149
80151
Task
80254
80194
Task
Code
80196
80250
Code
80256
80258
Task
Code
70301
70303
70304
80210
80212
Code
80262
80263
80266
80193
Code
80268
80248
80272
Task
Code
80140
80126
30203
30227
30229
20263
Code
80240
Task
80143
80146
70305
30219
30232
30207
30209
80100
30230
80103
30225
Code
2 Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
86 14
Soils And Aggregate Tests, Continued Rate Asphalt Concrete Tests, Continued Rate Compressive Strength Of Molded Soil-Cement Cylinders $ 129.00 Emulsion Residue, Evaporation (ASTM D244) $ 195.00 (ASTM D1633) Extraction % Bitumen (ASTM D6307, CTM 382) $ 195.00 Consolidation Test Full Cycle (ASTM 2435, CTM 219) $ 235.00 Extraction % Bitumen And Gradation (ASTM D5444, D6307, $ 270.00 Consolidation Test Time Rate Per Load Increment $ 62.00 CTM 202, 382) (ASTM D2435, CTM 219) Extraction % Bitumen, Correction Factor (ASTM D6307, $ 440.00 Corrosivity Series Sulfate, CI, pH, Resistivity (CTM 643, $ 309.00 CTM 382) 417, and 422) Chemical Extraction % Bitumen And Sieve Analysis $ 305.00 Crushed/Fractured Particles (ASTM D5821, CTM 205) $ 225.00 (ASTM D2172 Method A or B, ASTM D5444) Direct Shear Test Remolded And/Or Residual (ASTM D3080) $ 300.00 Lab Tested Maximum Density Hveem, 3 Briquettes $ 270.00 Direct Shear Test Undisturbed - Slow [CD] (ASTM D3080) $ 280.00 (ASTM D1561, D1188, CTM 304, 308) Direct Shear Test Undisturbed - Fast [CU] (ASTM D3080) $ 235.00 Hveem Stabilometer Test, Premixed, 3 Briquettes $ 270.00 Durability Index Per Method - A,B,C, or D (ASTM D3744, $ 260.00 (ASTM D1560, D1561, CTM 304, 366) CTM 229) Lab Tested Maximum Density Marshall, 3 Briquettes $ 260.00 Expansion Index (ASTM D4829, UBC 18-2) $ 225.00 (ASTM D6926, D2726) Fine Aggregate Angularity (ASTM C1252, CTM 234, $ 205.00 Lab Tested Maximum Density Marshall 6'' Specimen, $ 270.00 AASHTO T304) 3 Briquettes (ASTM D5581, D2726)
Flat And Elongated Particle (ASTM D4791) $ 280.00 Lab Tested Maximum Density Superpave Gyratory Compacted $ 115.00 Flat Or Elongated Particle (ASTM D4791) $ 260.00 Briquette, SSD, 1 Briquette (ASTM D6925, D2726) Maximum Density Methods A/B/C (ASTM D1557, $ 235.00 Lab Tested Maximum Density Superpave Gyratory Compacted $ 115.00 D698, CTM 216) Briquette, Paraffin, 1 Briquette (ASTM D1188, D6925) Maximum Density Check Point (ASTM D1557, D698) $ 90.00 Maximum Theoretical Specific Gravity [RICE] (ASTM D2041, $ 200.00 Maximum Density AASHTO C [Modified] (AASHTO T-180) $ 235.00 CTM 309) Maximum Index Density Vibratory Table (ASTM D4253) $ 435.00 Marshall Stability And Flow, Cored Sample, Each $ 100.00 Moisture Content (ASTM D2216, CTM 226) $ 40.00 ASTM D6927) Moisture and Density Ring Sample (ASTM D2937) $ 45.00 Marshall Stability And Flow, Premixed, 3 Briquettes $ 280.00 Moisture and Density Shelby Tube Sample (ASTM D2937) $ 50.00 (ASTM D6926, D6927) Moisture-Density Relations Of Soil-Cement Mixtures $ 340.00 Marshall Stability And Flow, Gyratory Compacted Specimen $ 290.00 Premixed In The Field (ASTM D558) Pre-Mixed, 3 Briquettes (ASTM D5581, D6925) Moisture-Density Relations Of Soil-Cement Mixtures $ 340.00 Marshall Stability And Flow 6'' Specimen, Premixed, $ 290.00 Mixed In The Lab (ASTM D558) 3 Briquettes (ASTM D5581)
pH Of Soils (ASTM D4972) $ 65.00 Moisture Content (CTM 370) $ 110.00 Organic Content Of Soils (ASTM D2974, Method A Only) $ 95.00 Wet Track Abrasion Test (ASTM D3910) $ 205.00 Organic Impurities (ASTM C40, CTM 213) $ 115.00 Hveem Mix Design (Excluding Aggregate Quality Tests) $ 5,740.00 Permeability (ASTM D5084) Quotation Hveem Mix Design, With RAP (Excluding Aggregate Quality $ 6,230.00 Potential Reactivity Chemical Method (ASTM C289 - $ 685.00 Tests, RAP Qualification) Discontinued Method) $ 1,035.00 Hveem Mix Design, With Lime (Excluding Aggregate Quality $ 6,590.00 Potential Reactivity Mortar Bar Expansion Method, $ 1,092.00 Tests) 14-Day Exposure (ASTM C1260) Hveem Mix Design Caltrans Untreated Mix (Including $ 6,850.00 Potential Reactivity Mortar Bar Expansion Method, $ 3,345.00 Aggregate Quality Tests) 28-Day Exposure (ASTM C1260) Hveem Mix Design Caltrans Lime Treated Mix (Including $ 7,830.00 Potential Reactivity Concrete Bar Expansion Method $ 3,640.00 Aggregate Quality Tests) (ASTM C1293), 12 month Marshall Mix Design (Excluding Aggregate Quality Tests) $ 5,740.00 Potential Reactivity Concrete Bar Expansion Method $ 1,285.00 Marshall Mix Design With RAP (Excluding Aggregate Quality $ 6,230.00 (ASTM C1293), 24 month Tests)
Potential Reactivity of Aggregate Combination, Non-Standard $ 1,285.00 Marshall Mix Design With Lime (Excluding Aggregate Quality $ 6,840.00 Method; 14-Day Exposure, Mortar (After ASTM C1567) Tests) Potential Reactivity Of Aggregate Combination, Non-Standard $ 1,240.00 Open Grade Asphalt Concrete Mix Design (ASTM D7064, $ 3,310.00 Method; 28-Day Exposure, Mortar (After ASTM C1567) CTM 368) R-Value Soil (ASTM 2844, CTM 301) $ 536.00 Superpave Mix Design (Excluding Aggregate Quality Tests) $ 11,695.00 R-Value Aggregate Base (ASTM D2844, CTM 301) $ 588.00 Superpave Mix Design, With RAP (Excluding Aggregate $ 12,355.00 Sand Equivalent (ASTM D2419, CTM 217) $ 160.00 Quality Tests) Sieve #200 Wash Only (ASTM D1140, CTM 202) $ 114.00 Superpave Mix Design With Rubber (Excluding Aggregate $ 12,355.00 Sieve With Hydrometer 3/4" Gravel To Clay (ASTM D422, $ 309.00 Quality Tests) D7928, CTM 203) Superpave Mix Design With Additives (Excluding Aggregate $ 12,690.00 Sieve With Hydrometer Sand To Clay (ASTM D422, $ 294.00 Quality Tests) D7928, CTM 203) Effect Of Moisture On Asphalt Paving Mixtures, Pre-Mixed $ 1,235.00 Sieve Analysis Including Wash (ASTM C136, CTM 202) $ 186.00 (ASTM D4867, AASHTO T283) Sieve Analysis Without Wash (ASTM C136, CTM 202) $ 155.00 Hamburg Wheel Track Test, 20,000 Passes, 4 Briquettes $ 1,340.00 Sieve Analysis Split Sieve (ASTM C136, CTM 202) $ 295.00 (AASHTO T324) Sieve Analysis Without Wash With Cobbles (ASTM C136, $ 290.00 Raveling Test Of Cold Mixed Emulsified Asphalt (ASTM D7196) $ 250.00 CTM 202) Marshall Stability, Wet Set, 3 Replicates (AASHTO T245) $ 440.00 Soundness Sodium Or Magnesium Sulfate, 5 Cycles $ 232.00 Marshall Stability, Dry Set, 3 Replicates (AASHTO T245) $ 376.00 (ASTM C88) Cold Recycled Asphalt Mix Design 2 Gradings Each, $ 11,590.00 Specific Gravity And Absorption Coarse (ASTM C127, $ 125.00 3 Emulsion Content (Caltrans LP-8) CTM 206)
Specific Gravity and Absorption Fine (ASTM C128, $ 206.00 CTM 207) Mortar And Stucco - Petrographic Examination Rate Swell/Settlement Potential One Dimensional (ASTM D4546) $ 186.00 Stucco, One-Coat (ASTM C856), Includes Thin Section), $ 2,250.00 Triaxial Quotation Per Sample
Unconfined Compression (ASTM D2166, CTM 221) $ 237.00 Stucco, Two-Coat (ASTM C856), Includes Thin Section), $ 2,500.00 Unit Weight Per Cubic Foot (ASTM C29, CTM 212) $ 160.00 Per Sample Voids In Aggregate With Known Specific Gravity (ASTM C29, $ 160.00 Stucco, Three-Coat (ASTM C856), Includes Thin Section), $ 3,000.00 CTM 212) Per Sample
Lightweight Particles Coarse, with Two Solutions (ASTM C123) $ 519.00 Mortar (ASTM C1324, Petrographic Examination And Chemical $ 3,250.00 Lightweight Particles Fine, with One Solution (ASTM C123) $ 258.00 Analysis), Per Sample Method of Test for Relative Mortar Strength of Portland $ 1,400.00 Cement Concrete Sand (CT 515)
Brick Masonry Tests, ASTM C67 Rate
Modulus Of Rupture Flexural $ 118.00
Asphalt Concrete Tests Rate Compression Strength $ 81.00 HMA Mixing And Preparation $ 160.00 Absorption 5 Hour or 24 Hour $ 86.00 HMA Mixing And Preparation With Aggregate Treatment $ 232.00 Absorption (Boil) 1, 2 Or 5 Hours $ 118.00 Bulk Specific Gravity Of Compacted Sample Or Core SSD $ 73.00 Initial Rate Of Absorption $ 75.00 (ASTM D2726, CTM 308C) Efflorescence $ 91.00
Bulk Specific Gravity Of Compacted Sample Or Core Paraffin $ 103.00 Cores Compression $ 97.00 Coated (ASTM D1188 and CTM 308A) Shear Test On Brick Cores 2 Faces $ 118.00 Code
75033
70399
70337
70315
70325
30507
70333
70311
75004
70396
70365
70367
70369
70398
70397
70392
70345
70355
70357
70359
75050
75048
75057
Code
Task
75115
20305
20303
75075
75094
Code
20301
Task
Code
80282
80286
80294
80290
75030
75042
Task
75036
70363
75040
20315
75083
75068
75067
75111
70360
70361
75031
75032
30412
20807
20307
70371
30319
30411
Task
Code
70351
80001
70394
70391
70309
70313
70339
70340
70342
70328
70330
30401
70343
75084
75087
75113
75107
75063
75069
75024
75027
75039
75028
75066
75109
75114
75070
75099
75090
75005
75093
75096
70336
30508
70331
70335
70317
75049
75051
75052
20309
20311
20313
70373
30317
70341
70319
70321
70378
70349
70347
70353
75106
Task
75095
3 Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
87 15
Concrete Block, ASTM C140 Rate Metal and Steel Testing, Continued Rate Compression $ 102.00 Hardness Test (ASTM E18) $ 107.00
Absorption/Moisture Content/Oven Dry Density $ 102.00 Bolt Axial Tensile Test (Up To 7/8" Diameter) $ 70.00 Linear Shrinkage (ASTM C426) $ 295.00 Bolt Wedge Tensile Test (Up To 7/8" Diameter) $ 86.00 Web And Face Shell Measurements $ 59.00 Bolt Axial Tensile Test (Greater Than 7/8" Up To 1" diameter) $ 91.00 Tension Test $ 188.00 Bolt Wedge Tensile Test (Greater Than 7/8" Up To 1" Diameter) $ 118.00 Core Compression $ 97.00 Bolt Axial Tensile Test (Greater Than 1" Diameter) $ 140.00 Shear Test Of Masonry Cores 2 Faces $ 118.00 Bolt Wedge Tensile Test (Greater Than 1" Diameter) $ 150.00 Efflorescence Tests $ 91.00 Bolt Proof Load Test (Up To 7/8") $ 107.00 Bolt Proof Load Test (Greater Than 7/8" Up To 1" Diameter) $ 129.00 Bolt Proof Load Test (Greater Than 1") $ 145.00
Masonry Prisms, ASTM C1314 Rate Nut Proof Load Test (Up To 7/8") $ 75.00 Compression Test, Composite Masonry Prisms Up To 8" x 16" $ 241.00 Nut Proof Load Test (Greater Than 7/8" Up To 1" Diameter) $ 102.00 Compression Test, Composite Masonry Prisms > 8" x 16" $ 321.00 Nut Proof Load Test (Greater Than 1") $ 113.00 Prism Cord Modulus of Elasticity $ 685.00
Prism Cord Modulus Of Elasticity With Transverse Strain $ 846.00 (For Double-Wythe Specimen) Chemical Testing Of Metal And Steel Rate Steel Chemical Analysis $ 209.00
Weight Of Galvanized Coating (ASTM A90) $ 107.00
Mortar And Grout Rate Epoxy Coating Thickness $ 107.00
Compression 2" x 4" Mortar Cylinders (ASTM C780) $ 70.00 Coating Thickness $ 107.00 Compression 3" x 3" x 6" Grout Prisms, Includes Trimming $ 59.00 (ASTM C1019) Machining And Preparation Of Tensile And Bend Compression 2" Cubes (ASTM C109) $ 75.00 Sample: Carbon Steel Rate Compression Cores Includes Trimming (ASTM C42) $ 86.00 Machinist Initial Preparation From Mock-Up, Etc. (Per Hour) $ 156.00 Sawcut To Overall Width (Per 0.5" Thickness Or Fraction $ 70.00 Thereof)
Masonry Specimen Preparation Rate Machine To Test Configuration Milled Specimens $ 102.00 Cutting Of Cubes Or Prisms $ 91.00 Machine To Test Configuration Turned Specimens (Per 0.5" $ 182.00 Thickness Or Fraction Thereof)
Prepare Subsize Specimens (Per 0.5" Thickness Or Fraction $ 124.00 Fireproofing Tests Rate Thereof)
Oven Dry Density (ASTM E605) $ 86.00
Charpy Impact Rate
Charpy Impact Ambient Temperature $ 113.00
Gunite And Shotcrete Tests Rate Charpy Impact Reduced Temperature $ 150.00 Core Compression Including Trimming (ASTM C42) $ 86.00
Compression Cubes (Includes Saw Cutting) $ 113.00
Machining Of Charpy Samples: Carbon Steel Rate
Concrete Roof Fill: Gypsum, Vermiculite, Perlite, Cutting And Milling (Per 0.5" Or Fraction Thereof) $ 102.00 Lightweight Insulating Concrete, Etc. Rate Final Machining To Sample Configuration $ 124.00 Compression Test (ASTM C495 and C472) $ 81.00
Air Dry Density (ASTM C472) $ 59.00
Oven Dry Density (ASTM C495) $ 86.00 Prestressing Wires And Tendons, (ASTM A416) Rate Stress-Strain Analysis Wire Or Strands (Including Chart And $ 273.00 Percent Offset)
Reinforcing Steel, ASTM A615, A706 Rate Tensile Test Only $ 204.00 Tensile Test #11 Or Smaller $ 81.00 Tendons Quotation
Bend Test #11 Or Smaller $ 75.00
Bend Test #14 Or #18 $ 428.00
Tensile Test #14 $ 321.00 Polymer Matrix Composite Materials (Fiberwrap) Rate Tensile Test #18 $ 423.00 Tensile Strength – Set of 5 Specimens/Batch/Direction $ 1,712.00 (ASTM D3039)
Tensile Strength – Additional Specimens (ASTM D3039) $ 321.00 Reinforcing Steel - Welded Or Coupled Specimens Rate (ASTM D3039) Tensile Test Welded/Coupled #11 And Smaller $ 91.00 Heating Chamber Time – Per 24 Hr. Period $ 134.00 Tensile Test Welded/Coupled #14 $ 311.00
Tensile Test Welded/Coupled #18 $ 471.00
Weld Macroetch $ 102.00 Calibration Services And Universal Machine Usage Rate Slippage Test - Caltrans (CTM 670) $ 257.00 Calibration/Verification Services Quotation Tensile Test Welded Hoops #11 And Smaller $ 188.00 Universal Test Machine Usage (Per Hour) $ 482.00 Specialty Testing
Metal and Steel Testing Rate - Cylic And Fatigue Testing Programs On Special Products/Parts Tensile Strength Up To 100K Pounds (Each) $ 91.00 - Engineering And Technical Supports/Design Of Prototypes And Special Test Set-Up Tensile Strength Up To 200K Pounds (Each) $ 102.00 - Fastener/Coupling Full Testing Program Per New Regulations: Tension, Tension/Bend, Tensile Strength Up To 300K Pounds (Each) $ 129.00 Shear, Double Shear, 8 Compressions Tensile Strength Up To 400K Pounds (Each) $ 188.00 - Fiberglass/Composite Materials Field Testing Program (ASTM D1143 D1242, Tensile Strength 400K To 600K Pounds (Each) $ 428.00 D2584, D4065, D4476, D4923, D7901, D7921, and D732) Tensile Strength Stress-Strain Percent Offset $ 268.00 - Field Testing Of Structures And Structural Elements Weld Macroetch $ 102.00 - In-Place Shear Testing
Weld Fracture $ 54.00 - Materials And/Or Product Evaluation Per Specifications Bend Test $ 81.00 - Structural Dynamic Testing And Durability Analysis Flattening Test $ 91.00
General Conditions
NOTE: Field inspection work conditions are established by contract with Operating Engineers, Local 3.

NOTE: A minimum of 24 hours notice is required for testing and inspection services.

NOTE: For projects subject to a Project Labor Agreement (PLA), if terms/conditions of the PLA are more restrictive those terms/conditions will apply.

NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.

Administrative Fees
All administrative fees, except as noted below, including report distribution and Twining Construction Hive system are billed at the following percentage of the monthly invoice total:

Code
20401
20357
20371
20373
20379
Code
Code
20355
20353
20323
20343
20346
Code
20507
20757
20759
Code
20755
5%
Task
Code
Task
Code
20155
Task
20521
Task
80177
20547
20609
Code
20601
20529
20351
20331
20321
20327
20329
20333
20339
Task
Task
20335
20341
20631
Task
20623
Task
Code
20780
20783
20639
20636
20635
Task
Code
20633
20617
20603
20605
20532
20634
20630
20347
Code
20701
20621
20545
20611
20365
20501
20503
20525
20615
20707
20803
20751
20708
Task
20705
20703
20607
Task
Code
20361
Task
80176
20619
80173
Code
Task
20523
20531
20504
20505
Task
Code
Code
Code
80170
20641
20640
Task
20637
20638
Task
20632
Code
20801
Task
Task
Code
20706
20753
4 Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
88 16
General Conditions, Continued
Note that hard copies of reports will be sent only to governing jurisdictions that mandate them. All other parties will receive reports electronically. The administrative fee above will receive reports electronically. The administrative fee above will be increased by 1% if additional hard copies of reports are requested. Submittal of project specific forms or resumes will be billed hourly at the Administrative Support Rate.

Minimum Charges (Inspection and Technician Personnel Only - Other Personnel Charged on Portal to Portal Basis) 2-Hour Minimum: Inspector arrives at jobsite, no work to perform. 4-Hour Minimum: 1 to 4 hours of inspection
8-Hour Minimum: Over 4 to 8 hours of inspection
8-Hour Minimum: Night Work
Regular Time (All Types of Inspection and also All Non-Exempt Employees) The first 8 hours worked Monday through Friday between 4:00 a.m. and 2:00 p.m. except as noted otherwise below.

Premium (All Types of Inspection and also All Non-Exempt Employees) Work performed in excess of eight (8) hours in any one working day or forty (40) hours in any one week shall be paid for at one and one-half (1-1/2) times the regular rate of pay. Premium shall be reckoned by the hour and half-hour. Work performed in excess of twelve (12) hours in any one (1) working day shall be paid at two (2) times the regular rate of pay.

Saturday and Sunday Work (All Types of Inspection and also All Non-Exempt Employees) Work performed on Saturday as defined below shall be paid for at one and one-half (1-1/2) times the regular rate of pay for the first eight (8) hours of work and at two (2) times the regular rate of pay for all hours worked in excess of eight (8). Work performed on Sunday as defined below shall be paid for at two (2) times the regular rate of pay for all hours worked. A shift, which commences on or after 1:00 a.m. on Saturday morning and before 1:00 a.m. on Sunday morning shall be deemed Saturday work for the entire shift. A shift, which commences on or after 1:00 a.m. on Sunday morning and before 1:00 a.m. on Monday morning shall be deemed Sunday work for the entire shift.

Night Shifts
When work is performed on a night shift the rate will be $9.00 greater than the applicable rate. A night shift is a shift, which commences after 2:00 p.m. or before 4:00 a.m. during any twenty-four (24) hour period commencing at 12:01 a.m.

Disruptive Shift Pay
Provides a minimum of eight (8) hours of night shift pay when the night shift precludes the Employee from working the day following the night shift, excluding weekends and holidays.

Holidays
The following shall be considered as holidays under this Agreement and when work is performed on these days, an Employee shall be paid at two times his or her regular straight-time rate of pay: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. Should any of these holidays fall on Sunday, the following Monday shall be considered a holiday. When a holiday falls on Saturday the Friday before shall be considered the holiday.

Meal Period
When personnel are required by their duties to work more than five consecutive hours without a one-half hour uninterrupted meal period, one half hour at double time rate will be charged in addition to any applicable overtime for actual hours worked.

Travel Time and Mileage
For projects outside a 50-mile radius from the nearest Twining facility, per excess mile to and from the project will be charged for inspectors and technicians. Other than small tools, whenever project related equipment is required to be transported to and from the project site, time and mileage for inspectors and field technicians will be billed on a portal to portal basis.

For all projects, current IRS mileage rate per mile and applicable travel time will be charged portal to portal for engineers, consultants, supervisors, and laboratory technicians from the laboratory to the project site and return.

For work locations located 100 miles or more from Twining, travel time will be charged at the relevant rate for inspectors and technicians in addition to a subsistence allowance as detailed below.

Weekend Sample Pick-Ups
In order to be in conformance with testing standards, it may be required that weekend pick-ups be performed (e.g. concrete specimens cast on Friday must be picked up on weekend in order to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of casting.) Applicable charges for weekend work will apply when this is required. Should these charges not be authorized, Twining will not be liable for any negative consequences.

Reimbursable Expenses
Parking, air fare, car rental, food, lodging and project specific software/applications (e.g. PlanGrid, Procore, etc.) will be charged at cost plus 20% per processed invoice, unless provided by client.

Project Specific Documents
Costs presented assume that client will provide project specific documents (plans, specifications, submittals, RFIs, etc.) for all inspection personnel. Should project specific documents be provided electronically through a "for fee" service, the client will be responsible for providing access and paying any fees for the service.

Project Site Facilities
Prices quoted assume that initial curing facilities for test samples that comply with relevant test standards and project requirements are provided by others. In addition, prices quoted assume that work/desk space for inspection staff are provided by others. Additional costs, provided by quotation, will apply should Twining be required to provide such facilities.

Subsistence
Subsistence on remote jobs will be charged per quotation.

Laboratory Testing Hours and Expedited Testing
Please note that laboratory testing will be billed on an hourly basis for non-standard tests. If testing is required to be performed on Saturdays, Sundays, holidays, or before 5:30 a.m. or after 4:00 p.m. on weekdays, an additional hourly charge, at the applicable regular, overtime or double time rate, with a minimum of one hour will be applied for the laboratory technician. For rush testing a 50% surcharge in addition to the regular test rate will apply.

Charges for Subcontracted Services
Material sent to outside laboratory for testing: Cost plus 20% Material sent to outside fabricator or machine shop: Cost plus 20% Glu-Lam beam inspection: Cost plus 20%
Other subcontractors:

Project exclusive equipment purchase:

Limit of Liability
Client agrees to limit Twining's aggregate liability to all entities for alleged or actual errors and omissions in the performance of its professional services under this agreement to $50,000.00 or the fees actually paid to Twining, whichever amount is greater. Higher limits may be available by quotation.

Additional Insurance Coverage
Any requirements for additional insurance policies or coverage beyond our normal policies/limits (e.g. SML coverage) may be provided at an additional fee and will be quoted on a per project requirements basis.

Cost plus 20%
Cost plus 20%
5 Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
89 17
General Conditions, Continued
Certified Payroll
Certified payroll will be provided, upon request, at an additional charge of $150.00/month. Fee applies to every month that certified payroll must be submitted regardless of whether or not services were provided for any given month.

Final Reports Required by Jurisdiction
If a final report or affidavit is required, we must first review all inspection and testing reports and clear up any unresolved issues on these reports. These issues will typically require approval by the engineer or architect of record. This process can take several weeks or just a day, depending on the number and complexity of the issues. Cost for final reports will be billed hourly.

Terms of Payment
Fees charged are for professional and technical services and are due upon presentation. If not paid within 30 days from date of invoice, they are considered past due and the maximum legal finance charge will be added to the unpaid balance.

In addition, should the client require that invoices be submitted through a web based or electronic system, the client will be responsible for all costs associated with the use of the system.

A 3% fee will be applied for payments processed by credit card.

All invoice errors or necessary corrections shall be brought to the attention of Twining within 15 days of receipt of invoice. Thereafter, customer acknowledges invoices are correct and valid. Twining reserves the right to terminate its services to a customer without notice if all invoices are not current. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Customer waives any and all claims against Twining, its subsidiaries, affiliates, servants, and agents for termination of work on account of these terms.

In the event of any litigation arising from or related to any agreement to provide services whether verbal or written, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. Additionally, in the event of a non-adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, that same process shall determine the prevailing party.

Hold Specimens
All "hold" specimens are charged at the applicable test rate whether tested or not.

Specimen Sampling and Disposal
Twining samples materials used in construction in accordance with standard practices, methods, codes, and relevant project requirements. Representativeness of sampling and accuracy of testing are subject to the same probabilistic and precision limitations as governing standards, codes and project technical provisions.

Should samples be provided by others Twining cannot warrant or guarantee that material is representative of material that is or will be used in actual construction of the project.

Specimens will be discarded after testing unless Twining has been notified prior to testing that the customer wishes to retrieve the specimens or storage arrangements are made. Costs for storage will be by quotation.

Oversize Specimens
An extra charge will be made when test specimens require more than one person to handle because of size or weight.

Elevated Work Platforms
In the event an elevated work platform is required to safely complete our work, the client must provide safe access for Twining personnel for all required inspection, testing, sampling, etc. including a trained and certified operator or qualified inspector as applicable. Twining will not be responsible for signing waivers associated with providing such access. Should Twining be required to supply an elevated work platform, we will contract with a qualified vendor and the markups shown above will apply. 6 Psomas | Water Treatment Plant High Service Pump Station Manifold Replacement/Repair and Vault Installation Project – City of West Sacramento
90 PSOMAS
CPE25-288 – WTP High Service Manifold
Expires on 10/1/2028

CONSULTANTS
By:

Frank Martin, Vice President
91 PSOMAS
CPE25-288 – WTP High Service Manifold
Expires on 10/1/2028

EXHIBIT E

LABOR COMPLIANCE

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

C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less 92 PSOMAS
CPE25-288 – WTP High Service Manifold
Expires on 10/1/2028
often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code.

Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5.
93 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 1, 2025 ITEM # 6
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 25-104 REGARDING THE

EMERGENCY REPLACEMENT AND AWARD OF A CONSTRUCTION CONTRACT WITH ACCO ENGINEERED SYSTEMS, INC. FOR THE EMERGENCY SPLIT SYSTEM

REPLACEMENT - HERITAGE OAKS PARK
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Jamie Teske, Interim Construction and Facilities
Development Manager
Capital Projects Department
Schawn Franklin, Equipment and Facilities
Superintendent
Public Works Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to adopt Resolution 25-104 regarding the Emergency Replacement and award the Emergency Contract with ACCO Engineered Systems, Inc. for the Emergency Split System Replacement - Heritage Oaks Park Concession Building, located at 1300 Lake Washington Blvd.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the Emergency Split System Replacement - Heritage Oaks Park is exempt from CEQA analysis under CEQA Guidelines 15269. According to the CEQA Guidelines, an emergency includes emergency repairs to public or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare;
2) Adopt, by a minimum four-fifths vote of the Council, Resolution 25-104, regarding the Emergency Contract with ACCO Engineered Systems, Inc. for the Emergency Split System Replacement - Heritage Oaks;
3) Approve the contract with ACCO Engineered Systems, Inc. to provide emergency HVAC replacement services at Heritage Oaks Park;
4) Authorize the City Manager or designee to execute an emergency contract for services in an amount not to exceed $21,659 with approval from the City Attorney; 5) Authorize the City Manager or designee to execute amendments or change orders up to 20% (2,166) of the contract value;
6) Authorize the City Manager, or designee, to execute non-substantive changes and modifications, with approval from the City Attorney; and
7) Authorize the City Manager, or designee, to extend the contract term and adjust compensation, within the limits of the Council-approved budget.

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.

On July 9, 2025, the HVAC unit serving the concession building experienced a critical failure, resulting in a complete loss of cooling and creating an unconditioned environment in the affected space.

City staff attempted repairs, but ACCO Engineered Systems, Inc. determined the unit was unrepairable and required full replacement. Temporary cooling units are in place until the replacement is completed.

ANALYSIS
For the purposes of contracting, Section 1102 of the Public Contract Code (PCC) defines an emergency as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential services.” PCC 20168 allows cities to enter into no-bid emergency construction contracts following the procedure set out in PCC22050. PCC 22050 allows 94 Emergency Repair Project
October 1, 2025

Page 2 ends

a city to delegate this authority to a non-elected public official. West Sacramento Municipal Code 3.04.090 delegates this authority to the “purchasing agent”, which is elsewhere defined as the City Manager. Once the contract has been approved, the City Manager is required to report on the contract at the next City Council meeting (PCC 22050(b)(3)). If the work is continuing, the Council needs to authorize continuing the work by a 4/5 vote (PCC 22050(c)(2)). Because the work involved in the emergency repair may extend beyond the October 1, 2025, City Council meeting, the Council is asked to adopt a resolution allowing the work of the contractor to continue. Resolution 25-104, allowing the work of the contractor to continue beyond the October 1, 2025, Council meeting, is attached. The resolution must be approved by a minimum four-fifths vote of the Council for the work to continue.

Environmental Considerations
This emergency repair is exempt from CEQA analysis under CEQA Guidelines 15269. According to the CEQA Guidelines, an emergency includes emergency repairs to public or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare.

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

Alternatives 2 and 3 are not recommended as the adoption of Resolution 25-104 is required for the contractor to complete the emergency work detailed in this report.

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

Budget/Cost Impact
The emergency work identified in this report is not eligible for reimbursement by YCPARMIA. Capital Improvement Project (CIP 52041 - City Facilities Minor Improvements) is being utilized to fund the Emergency Split System Replacement at Heritage Oaks.

ATTACHMENTS
1) Notice of Exemption (CEQA)
2) Resolution 25-104
3) Contract
95 Heritage Oaks Park (1300 Lake Washington Blvd., West Sacramento, CA 95691) Emergency HVAC replacement at Emile's Cafe at Heritage Oaks Park for failed AC unit.

Upgrade to 2.5 ton unit.

City of West Sacramento
Public Works Operations & Maintenance Department
This emergency repair is exempt from CEQA analysis under CEQA Guidelines 15269.

According to the CEQA Guidelines, an emergency includes emergency repairs to public or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare.

Docusign Envelope ID: 007EB43E-117D-45BC-84D6-6DFD03C5103D 9/5/2025 | 7:32 AM PDT
96 ATTACHMENT 2
RESOLUTION 25-104

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

REGARDING CONTINUANCE OF THE EMERGENCY CONTRACT WITH ACCO ENGINEERED SYSTEMS, INC. FOR THE EMERGENCY SPLIT SYSTEM REPLACEMENT

AT HERITAGE OAKS AND RELATED BUDGET APPROPRIATIONS
WHEREAS, on July 9, 2025, the Heritage Oaks Concession Building experienced a loss to the HVAC system; and
WHEREAS, City staff discovered that the HVAC system had completely failed due to its age; and
WHEREAS, City staff contacted ACCO Engineered Systems, Inc., for repair services, to assess the damage and provide an estimate for repair; and WHEREAS, ACOO Engineered Systems, Inc. determined that the unit beyond repair and required replacement,
WHEREAS, City staff requested a estimate for a new split system from ACCO Engineered Systems, Inc.;
WHEREAS, City staff selected ACCO Engineered Systems, Inc, to perform the replacement under an emergency contract; and
WHEREAS, for the purposes of contracting, Section 1102 of the Public Contract Code (PCC) defines an emergency as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services”; and
WHEREAS, PCC 20168 allows cities to enter into no-bid, emergency construction contracts following the procedure set out in PCC 22050; and WHEREAS, PCC 22050 allows a city to delegate this authority to a non-elected public official and West Sacramento Municipal Code 3.04.090 delegates this authority to the “purchasing agent”, which is elsewhere defined as the City Manager; and WHEREAS, once the emergency contract has been approved, the City Manager is required to report on the contract at the next City Council meeting (PCC 22050(b)(3)); and WHEREAS, if the work is continuing, the Council needs to authorize continuation of the work (PCC 22050(c)(2)); and
WHEREAS, because the work involves an emergency replacement, it will likely take several weeks, the work may extend beyond October 1, 2025, City Council meeting, Council needs to authorize continuation of the work; 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. 97 Resolution 25-104

Page 2 ends

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

1. The City Council hereby finds there is a need to allow continuance of the work to complete the emergency repairs as described in the contract with ACCO Engineered Systems, Inc., beyond October 1, 2025.

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 1st day of October, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
98 Acco Engineered Systems, Inc.

PWO25-321 – Emergency Split System Replacement – Heritage Oaks 30 Working Days
Updated 120424

CONSTRUCTION CONTRACT
THIS CONTRACT made on September 17, 2025 by and between the CITY OF WEST SACRAMENTO (“City”), and Acco Engineered Systems, Inc., hereinafter “Contractor”. The City and Contractor may be collectively referred to as the “parties”.

The parties have mutually covenanted and agreed as follows:

1. THE CONTRACT DOCUMENTS:

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

Construction Contract (See Part 2)
Payment Bond to accompany Contract (See Part 2)
Performance Bond to accompany Contract (See Part 2)
Contractor’s Certification Regarding Workers’ Compensation (See Part 2) General Conditions (See Part 3)
Supplemental Conditions (Special Provisions) (See Part 4) Drawings
Technical Specifications (See Part 4)
Change Orders
City of West Sacramento Standard Specifications 2002, with Amendments #1 & #2 State of California Department of Transportation (Caltrans) Standard Specifications 2015 Contractor’s Emergency Invoice (Accepted Bid)

2. THE WORK:

The Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the Emergency Split System Replacement – Heritage Oaks “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: Schawn Franklin

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 Twenty One Thousand Six Hundred and Fifty-Nine dollars ($21,659) for the Project subject to additions and deductions as provided in the Contract Documents.

4. COMPLETION DATE:

The Project shall be commenced on the date specified in the Notice to Proceed. The total project will be completed within Thirty (30) working days, as defined in the General Conditions, after the date stated in the Notice to Proceed. 99 Acco Engineered Systems, Inc.

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5. NOTICE AND SERVICE THEREOF:

Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the City, by personal delivery thereof to the Director of 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
Rebecca Scott, Director of Public Works
4300 West Capitol Avenue
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 Acco Engineered Systems, Inc.

Attention Lawrence Duong
Street Address 888 East Walnut Street
City, State, Zip Code Pasadena, CA 91101
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

6. LIQUIDATED DAMAGES:

Liquidated damages as provided for in the General Conditions of the Contract shall be in the sum of One Thousand Dollars ($1,000.00) for each and every day as defined therein for each different scope of work as defined by the Base Bid and each change order except as otherwise specified in the Supplemental Conditions.

7. PREVAILING WAGE:

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

Bidders shall be responsible for verifying with the Director of the Department of Industrial Relations that all such copies of the prevailing rate provided by the City are current and accurate. The requirement to pay the wage rate so specified is further detailed in the General Conditions.
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8. CONTRACTOR REGISTRATION
By the execution of this Contract, Contractor hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (Contractor registration).

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

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

Date Hugh Palmer, Assistant Secretary/Risk
Manager - Contracts
Date Amanda Berlin, Assistant City Manager
City of West Sacramento
Approved as to form:

Jeffrey Mitchell, City Attorney
Attest:

Jennifer Cusmir, City Clerk
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Rev. December 2022 | ACCO Engineered Systems

BID CONTRACT

Page 1 of 2 ends

Principle Office: 10590 Armstrong Ave, Mather CA 95655 JOB NUMBER:

Capital Projects Department
Construction and Facilities Development
1110 W Capitol Ave
West Sacramento, CA
ATTN: Ronal Singh
[email protected]
Heritage Oaks Park
1075 W Capitol Ave.

West Sacramento, CA
Split System Replacement
3-ton with electrical upgrade

THE CONDITIONS PRINTED EITHER ON THE REVERSE SIDE OR ATTACHED ARE PART HEREOF This work or price quotation does not include detection, abatement, encapsulation or removal of hazardous material or asbestos or products, materials, or equipment containing asbestos Scope of work:

ACCO is pleased to submit a proposal to supply labor and materials to remove and replace one (1) 3 ton split system.

Work to Include:
• MEP safe off unit and prepare for haul-off
• Mobilize new Condenser and Fan Coil for installation
• Rig the existing split system for removal
• Haul out and dispose of existing unit per EPA standards • Rig and install new equipment per Mfg. specifications • Reconnect the existing Condensate Drain, Electric, and Controls, and reuse the existing disconnect • Install new DX line set
• Perform startup and verify operations
• Clean up and demobilize
• Payment and performance bonds included
Base Bid: Upsize to 3 ton unit and replace the existing DX line set…..….$16,114.00 Initial__________ Electrical upgrade……………………………………………$4,245.00 Initial__________ Title 24 Paperwork.………………………..………………..$800.00 Initial__________ Permit.............................................................................$500.00 Initial__________ Clarifications: All work on straight time. Disconnect and fuse are expected to be the same for the upsize. No allowance is estimated in for any electrical upgrades. Include bond costs. “Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation.

California State License No. 120696
The total, fixed base price of this work (including all materials, labor, truck and taxes)………….See Above Terms of payment, unless modified above, are zero down payment and the balance due upon the receipt of invoice. Your signed acceptance of this Bid Contract within 30 days of September 10, 2025 shall, upon the acceptance of the Seller, form a written contract (the "agreement") between the Seller and Buyer for the work described above and such agreement includes Terms and Conditions on page 2 of this agreement.

Prepared in duplicate: September 10, 2025
Prepared for
ACCO Engineered Systems (“SELLER”) Customer (“BUYER”)

By:________________________________________________
ACCEPTED FOR BUYER:

Lawrence Duong, Project Manager, 415-610-9096 By:__________________________________________________

ACCEPTED FOR SELLER
(Authorized Signature)
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Project Name Page | 1-20

DESIGNATION OF SUBCONTRACTORS
In compliance with Sections 4100-4114 of the California Public Contract Code each Bidder shall submit the name, Contractor license number, public works Contractor registration number, and business location of each Subcontractor who will perform work or labor or render service to the Contractor for the construction of the work performed under these specifications in excess of one-half of one percent of the prime Contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime Contractor ‘s total Bid or ten thousand dollars ($10,000.00), whichever is greater. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and it shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. (Attach additional forms as necessary) Name
Subcontractor
Street Address of
Shop, Mill or
Office
Types of
Work/Category
of Contract
$ Value of
Work to be
Performed
Subcontractor’s
License Number
License
Type/Exp.

Date
Public Works
Contractor
Registration
Number
If no Subcontractors will be used, write “None” here:__________________ I declare under penalty of perjury that the foregoing is true and correct and this Declaration is executed this ________ day of _________________, 20___, in West Sacramento, CA 95691.

By: ______________________________________
Contractor Company Name: ______________________________________

SUBCONTRACTOR FORM MUST BE RETURNED WITH BID
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NON-COLLUSION DECLARATION

STATE OF CALIFORNIA )
)

COUNTY OF YOLO )
The undersigned declares:

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

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

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

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

Bidder’s Name (Printed):

Bidder’s Signature:
(Same Signature as on Proposal)
Bidder’s Title:
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CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION TO: Ariana Adame, Director of Capital Projects
City of West Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
I am aware of the provisions of Section 3700 of the Labor Code of the State of California which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Contractor)
By
(Business Address)
(Place of Residence)
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[PROJECT NAME AND PROJECT NUMBER]
PART 2 GENERAL CONDITIONS
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PART 2: GENERAL CONDITIONS
SECTION 1

DEFINITIONS AND TERMS

1.01. GENERAL
Wherever the following abbreviations and terms, or pronouns in place of them, are used in these Conditions and other Contract Documents of which these Conditions are a part, the intent and meaning shall be interpreted as provided below.

1.02. ABBREVIATIONS
The following abbreviations may be used in the Contract Documents:

AA Aluminum Association
AASHTO American Association of State Highway/Transportation Officials ABMA American Boiler Manufacturer’s Association
ACI American Concrete Institute
AFBMA Anti-Friction Bearing Manufacturers Association
AGA American Gas Association
AGC Associated General Contractors
AGMA American Gear Manufacturer’s Association
AI The Asphalt Institute
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute, Inc.

APA American Plywood Association
API American Petroleum Institute
APWA American Public Works Association
ARA American Railway Association
AREA American Railway Engineering Association
ASCE American Society Civil Engineers
ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers’ Association
AWS American Welding Society
AWWA American Water Works Association
BHMA Builders Hardware Manufacturers Association
CCMTC California Concrete Masonry Technical Committee
CRSI Concrete Reinforcement Steel Institute
ETL Electrical Testing Laboratory
FS Federal Specification
ICBO International Conference of Building Officials
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IEEE The Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society
IPCEA Insulated Power Cable Engineers Association
JICS Joint Industry Conference Standards
MBMA Metal Building Manufacturer’s Association
MSS Manufacturers Standardization Society of the Valve and Fitting Industry Standards
NBFU National Board of Fire Underwriters
NBS National Building Standards
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Act of 1970
PCA Portland Cement Association
SMACNA Sheet Metal and Air Conditioning Contractor’s National Association SSPC Steel Structures Painting Council
SSPWC Standard Specifications for Public Works Construction UBC Uniform Building Code
UL Underwriter’s Laboratory
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
USAS The United States of America Standard Institute
USBR United States Bureau of Reclamation
USPHS United States Public Health Service
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California

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

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

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

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

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

Award - The decision of the City Council to accept the proposal of the lowest responsible Bidder for the Work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof and to such other conditions as may be specified or required by law.
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Bid - The offer of the Bidder for the Work when made out and submitted on the prescribed Bid form, properly signed and guaranteed. A Bid is also known as a Proposal.

Bid Security - The cash, cashier’s check, certified check, or bidder’s bond accompanying the Bid submitted by the bidder, as a guarantee that the Bidder will enter into a Contract with the City for the performance of Work herein described.

Bidder - Any individual, firm, partnership or corporation submitting a Bid for the Work contemplated, and acting directly or through a duly authorized representative.

Bureau - United States Bureau of Reclamation.

Calendar Day - Each day shown on the calendar.

Change Order - Written order issued by the Engineer to the Contractor covering changes in the Contract and establishing the bases of compensation and time adjustments for work affected by the changes.

City - The City of West Sacramento, also referred to as the Owner.

City Council or Council - The City Council of the City of West Sacramento.

City Standard Details - The standard details contained in the City Standard Specifications as modified.

City Standard Specifications - 2002 edition of the City of West Sacramento Standard Specifications and Details as amended to date of Bid submittal.

Claim - A separate demand by the Contractor for (i) a time extension, (ii) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (iii) an amount the payment of which is disputed by the City.

Contract - The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the Work. The Contract shall include all Contract Documents and supplemental agreements amending or extending the work contemplated which may be required to complete the Work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the contract and include Addenda and change orders.

Contract Documents - Contract Documents is the collective term for all of the following documents and any other document incorporated therein by reference: Invitation to Bid, Accepted Bid (and all accompanying documents), Designation of Subcontractors, Construction Contract, Payment Bond to Accompany Contract, Performance Bond to Accompany Contract, General Conditions, Supplementary and Special Conditions, (if any), Drawings (and Specifications), Addenda, Change Orders, City of West Sacramento Standard Specifications, State of California Department of Transportation (Caltrans) Standard Specifications 2015, Contractor’s Certification Regarding Workers’ Compensation.

Contractor - The person or persons, firm, partnership or corporation or other entity who has entered into the Contract with the City to perform the Work. 109
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County - County of Yolo, California.

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

Date of Execution of the Contract - The date on which the Contract is signed by the City’s authorized representative.

Datum - The Figures given in the Specifications or upon the drawings after the word “Elevation” or an abbreviation of it, shall mean U.S.G.S. datum, unless otherwise noted.

Days - Unless otherwise designated, days as used in the Contract Documents shall mean calendar days.

Elevation - The figures given on the Plans or in the other Contract Documents after the word “elevation” or abbreviation of it shall mean the distance in feet above the standard datum used by the City.

Engineer - The City Engineer, or the person designated by the City as its engineering representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

Extra Work - Work other than that required either expressly or implied by the Contract in its executed form.

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

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

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

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

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

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

Project Manager - The person designated by the City as its project management representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. The Project Manager will be the City Engineer unless the City designates a separate Project Manager. 110
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When a Project Manager is used for a project, the Project Manager has full authority to act as the City Engineer unless the designation specifically states otherwise.

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

Site - The area upon or in which the Contractor’s operations are carried on and such other areas adjacent thereto as may be designated by the Engineer.

Specifications - The term “specifications” refers to the terms, provisions, and requirements contained herein. Where reference specifications, such as those of “ASTM”, “AASHTO”, etc. have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents.

State - State of California.

State Standard Specifications - Standard Specifications issued by the State of California Department of Transportation, dated 2015, and as amended Bid in the supplemental conditions.

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

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

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

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

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

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

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

Whenever in the Specifications or upon the drawings the words “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, or words of like import are used, it shall be 111
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understood that the direction, requirement, permission, order, designation or prescription of the Engineer is intended, and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import, shall mean approved or acceptable to, or satisfactory to the Engineer, unless otherwise expressly stated.
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SECTION 2

SCOPE OF WORK

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

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

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

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

If any portion of the Contract Documents shall be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: Change Orders; Addenda; Shop Drawings, Drawings, Supplementary and Special Conditions; Designation of Subcontractors; Construction Contract; General Conditions; City of West Sacramento Standard Specifications; State of California Department of Transportation (Caltrans) Standard Specifications 2015.

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

2.02. CONTRACTOR’S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after 113
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the execution of this Contract, shall affect or modify any of the terms or obligations contained herein.

2.03. CHANGES IN THE WORK
(a) The City may, at any time, by written order, make changes in the Work as deemed necessary by the Engineer. Such changes include, but are not limited to:
(1) In the Specifications or Plans;
(2) In the sequence, method or manner of performance of the Work; (3) In the owner-furnished facilities, equipment, materials, services or site; and (4) Directing acceleration of the Work.
(b) If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment will be made and the Contract modified in writing accordingly.
(1) Change Orders
A change pursuant to this section will be in the form of a Change Order, which will set forth the work to be done or the method by which the change and cost adjustment, if any, will be determined, and the time of completion of the work.

Upon receipt of a Change Order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of a Change Order. A Change Order executed by the Contractor and approved by the Engineer is an executed Change Order as that term is used throughout this section.
(2) Change Order Protests
A Change Order may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in a Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) days after the receipt of such Change Order. The protest shall state the points of disagreement and, if possible, the quantities and cost involved.

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

Where the protest concerning a Change Order relates to compensation, the compensation payable for all work specified or required by said Change Order to which such protest relates will be determined in the same manner as provided in Section 2.04 of this section. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work. Where the protest concerning a 114
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Change Order relates to the adjustment of time and for completion of the Work, the time to be allowed therefor will be determined as provided in this section.

The consent of the Contractor’s sureties shall not be required as to any change or Extra Work, and the liability of the Contractor’s Bonds shall be increased or decreased accordingly without notice to the sureties.

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

Until one of the above methods is agreed on, or if the Work is to be paid for on a time and materials basis, the Contractor shall keep full and complete records of the cost of such work in the form and manner prescribed by the Engineer and shall permit the Engineer to have access to such records as may be necessary to assist in the determination of the compensation payable for such work.
(b) Lump Sum Payment
The City, in its sole and absolute discretion, may request a lump sum proposal by Contractor to perform the change in, or addition to, the Work performed. Such lump sum proposal shall be submitted by the Contractor within ten (10) days of the City’s request therefor.

Request for a lump sum proposal by City shall not be deemed an election by City to have the Work performed on a lump sum basis. Costs of preparing the proposal shall not be compensable.
(1) Contents of Lump Sum Proposal
(2) The Contractor’s proposal shall be itemized and segregated by labor and materials for the various components of the change (no aggregate labor total will be acceptable). The proposal shall be accompanied by signed proposals of any Subcontractors, which will perform any portion of the change, and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the Contractor’s estimate of the time required to perform said changes or additional work. (3) Computation of Labor Costs
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The portion of the proposal relating to labor, whether by the Contractor’s forces or the forces of any of its Subcontractors, may include the projected wages of the reasonably anticipated Site labor, including foremen, who will be directly involved in the change in the Work.

These projected wages shall not include charges for assistant superintendents, superintendents, office personnel, timekeepers and maintenance mechanics.

Labor costs may also include Contractor’s overhead and profit which shall be computed by adding to the labor costs either up to fifteen percent (15%) of the projected wages, but not payroll costs, or the labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The method of computing the overhead and profit shall be solely within the discretion of the City.

The labor surcharge, if used, shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined above. No time or charges will be allowed except when the workers are actually engaged in the proper, efficient and diligent performance or completion of the extra work as authorized. Overtime shall not be worked without prior approval of the Engineer.
(4) Computation of Equipment and Materials Costs
The portion of the proposal relating to materials may include the reasonably anticipated direct costs to the Contractor or to any of its Subcontractors of materials to be purchased for incorporation in the change in the Work. This portion of the proposal may also include transportation and applicable sales or use taxes. Up to fifteen percent (15%) of these direct costs may be included as overhead and profit for the Contractor or any such Subcontractor (such overhead and profit to include all small tools).

This portion of the proposal may further include the Contractor’s and any of its Subcontractors’ reasonably anticipated costs for the rental and operation of prime construction and automotive equipment furnished and used in connection with the change in the Work. The equipment rental and operation rates used shall be the latest edition of the Department of Transportation, Division of Construction, Equipment Rental Rates. These costs shall not include charges for listed equipment or major tools with a new cost of five hundred dollars ($500.00) or less. No time charges shall be allowed except for equipment actually used for the proper and efficient performance or completion of the authorized change in the Work. (5) Subcontractors
The lump sum proposal may include up to five percent (5%) of the amount, which the Contractor will pay to any of its Subcontractors for the change in the Work as allowable overhead and profit to the Contractor.
(6) Failure to Submit Lump Sum Proposal
In the event that the Contractor fails to submit its proposal within the designated period, the Engineer may direct the Contractor to proceed with the change or addition to the Work and the Contractor shall so proceed. The Engineer shall unilaterally determine the reasonable costs and time to perform the work in question, which determination shall be final and binding upon the Contractor.
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(7) Failure to Agree on Lump Sum Amount
In the event that the parties are unable to agree as to the reasonable costs and time to perform the change in or addition to the Work based upon the Contractor’s proposal and the Engineer and City do not elect to have the change in the Work performed on a time and material basis, the Engineer and City shall make a unilateral determination of the reasonable cost and time to perform the change in the Work, based upon their own estimates, the Contractor’s submission or combination thereof. In such instances, a Change Order shall be issued for the amount of costs and time determined by the Engineer and the City and shall become binding upon the Contractor unless the Contractor submits its protest in writing to the City within thirty (30) days of the issuance of the Change Order. The City has the right to direct the Contractor in writing to perform the change in the Work, which is the subject of the Change Order. Failure of the parties to reach agreement regarding the costs and time of performing the change in the Work and/or any pending protest shall not relieve the Contractor from performing the change in the Work promptly and expeditiously.
(c) Payment by Unit Prices
If any of the items included in the lump sum proposal are covered by unit prices contained in the contract document, the City may, if it requires the change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No overhead and profit shall be applied to any unit prices. (d) Payment on a Force Account Basis
If the City elects to have the change or addition to the Work performed on a force account basis, the Work shall be performed, whether by the Contractor’s forces or the forces of any of its Subcontractors or Sub-Subcontractors, and payment shall be made subject to the following provision. The Contractor will be paid the direct costs of the labor, equipment and materials used in performing the force account work determined as hereinafter provided. (1) For labor, the Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer or Project Manager) used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor or any or any Subcontractor of any tier, shall be actual wages, including basic hourly wage, health and welfare payments and pension payments incurred in performing the force account work, plus any travel and subsistence payments for the workers performing such work and made necessary thereby. To the actual wages shall be added a labor surcharge as set forth in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, as in effect on the date the work is performed. The labor surcharge shall be deemed to encompass the City’s entire liability to reimburse the Contractor for workers compensation insurance payments, social security payments, Medicare payments, federal unemployment insurance payments, state unemployment insurance payments and state training taxes, made necessary by the force account work.
(2) For equipment, the Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date the work is performed, regardless of ownership or any rental agreement entered into by Contractor for 117
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such equipment. The rental rate paid in accord with said publication shall be deemed to include the cost of fuel, oil, lubrication, supplies, small tools, attachments, repairs and maintenance, depreciation, storage and insurance for said equipment. Rental time will not be paid when equipment is inoperable due to breakdowns, repairs or maintenance. Payment for loading, transporting and unloading time will be in accordance with the State Standard Specifications applicable to loading, transporting and unloading equipment for force account work, as applicable as of the date the equipment is loaded, transported or unloaded. (3) For materials used in the work, the City will pay for materials furnished by the Contractor and necessarily used in the force account work. Prior to markups as set forth below, the amount paid shall be the price paid by the actual purchaser to the actual supplier plus any necessary actual costs of handling the materials.

Contractor may add fifteen percent (15%) to the total labor, equipment and material charges as the total overhead and profit to the entity or entities actually performing the force account work. If the entity or entities actually performing the work are Subcontractors or Sub-Subcontractors, the Contractor shall be allowed five percent (5%) of the total charge of the performing entity or entities (including mark- up) as Contractor’s mark-up. No other mark-ups shall be allowed hereunder.

The Contractor shall submit to the City daily work and material tickets, to include the identification number assigned to the change in the Work, the location and description of the change in the Work, the classification of labor employed (and names and social security numbers), hours expended, the material used, the equipment rented (not tools) and such other evidence of cost as the City may require. The City may require authentication of all time and material tickets and invoices by persons designated by the City for such purpose. The failure of the Contractor to secure any required authentication shall, if the City elects to treat it as such, constitute a waiver by the Contractor of any claim for the cost of that portion of the Change in the Work covered by a non-authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice by the City shall not constitute an acknowledgment by the City that the items thereon were reasonably required for the Change in the Work. (e) Limitations on Changes
The Contractor shall not be entitled to any amount for indirect costs, damages or expenses of any nature, including, but not limited to, so-called “impact” costs, labor inefficiency, wage, material or other escalations beyond the prices upon which the proposal is based and to which the parties have agreed pursuant to the provisions of this section, and which the Contractor, its Subcontractors and Sub-Subcontractors or any other person may incur as a result of delays, interferences, suspensions, changes in sequence or the like, for whatever cause, whether reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable, arising from the performance of any and all changes in the work performed pursuant to this section. It is understood and agreed that the Contractor’s sole and exclusive remedy in such event shall be recovery of its direct costs as compensable hereunder and an extension of the time of the Contract, but only in accordance with the provisions of the Contract Documents.

It is expressly agreed that Contractor shall not be entitled to claim damages for anticipated profits on any portion of the Work that may be deleted. 118
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The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section 3.20 to audit Contractor’s as-Bid profit in connection with any deductive change, to arrive at a final adjustment. Contractor’s as-Bid profit shall be reduced pro rata according to the proportion of the original contract value less as-Bid profit, represented by the work deleted.

The City reserves the right to contract with any person or firm other than the Contractor for any or all Extra Work.

2.05. UNILATERAL CHANGE IN OR ADDITION TO THE WORK
Notwithstanding the above, the City, directly or through the Engineer, may direct the Contractor in writing to perform changes in or additions to the scope of the Contract. The Contractor shall perform such work and the parties shall proceed pursuant to the provisions of Section 2.04.

2.06. DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
(a) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25110.02 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; or (b) Subsurface or latent physical conditions at the Site differing from those indicated in the Contract Documents; or
(c) Unknown conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The Engineer shall thereupon promptly investigate the conditions. If the Engineer finds that they do involve hazardous waste, or do materially differ and cause an decrease or increase in the Contractor’s cost or time of performance, the Engineer will issue a change order as appropriate. Any increase or decrease of cost resulting from such changes shall be adjusted in the manner provided in Section 2.04 for adjustments as to extra and/or additional work and changes. In the event that a dispute arises between the City and the Contractor, whether the conditions materially differ, or involve hazardous waste, or cause and decrease or increase the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided by the Contract, but shall proceed with all work to be performed under the Contract, the procedures applicable to claims for extra costs shall then apply.

2.07. CLAIMS FOR EXTRA COSTS
(a) Notice of Potential Claims
(1) It is hereby mutually agreed that the Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by 119
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the Engineer, or the happening of any event, thing or occurrence, unless the Contractor provides the Engineer with written notice of the potential claims as hereinafter specified.

Compliance with this section, however, shall not be a prerequisite as to matters within the scope of the protest provisions in Section 2.03.

The written notice of potential claims shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required shall be given to the Engineer prior to the time that the Contractor commences performance of the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within ten (10) days after the happening of the event, thing or occurrence giving rise to the potential claim. (b) Construction Dispute
(1) The Contractor may submit a dispute to the Engineer concerning any matter for which a protest under Section 2.03, or a notice of potential claim, is filed. Such disputes, or potential claims, shall be submitted to the Engineer within sixty (60) days following the submission of said protest or notice, unless, due to the nature of the dispute or the uncompleted state of the Work, it is impracticable to determine the amount or the extent of the claim within such period. In such cases, disputes shall be submitted at the earliest practicable time in which such a determination can be made. In any event, all disputes shall be filed on or before the date of the final release by the Contractor as provided for in Section 7.09. (2) All disputes shall be in writing and shall set forth clearly and in detail, for each item of additional compensation requested, the reasons for the dispute, reference to applicable provisions of the Specifications, the nature and the amount of the cost involved, the computations used in determining such costs, all pertinent factual data and all the documents necessary to substantiate the dispute. The Contractor shall maintain complete and accurate records of the cost or any portion of the Work for which additional compensation is claimed, and shall provide the Engineer with copies thereof, as required. The Engineer shall provide a written decision to the dispute or potential claim as soon as practicable but not later than 30 days following receipt thereof.
(c) Resolution of Construction Claims
(1) To the extent that the Contractor disputes the Engineer’s Written Decision issued pursuant to Section 4.07(b)(2), or to the extent the Engineer fails to issue a timely written decision, the Contractor may file a written claim, as defined by Public Contract Code section 9204(c)(1), with the City including reasonable documentation to support the claim. Upon receipt of the claim, the City shall conduct a reasonable review of the claim, and within a period not to exceed 45 days, the City shall provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. The time in which the City must provide a written statement may be extended by mutual agreement of the parties as specified by Public Contract Code section 9204(d)(1)(C). The City shall pay any undisputed portion of the claim within 60 days after issuance of its written statement. (2) Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:
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Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code section 12650, et. seq., the undersigned,

(Name)

(Title

(Company
hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.

Dated:
/s/
Subscribed and sworn before me this _____ day
of

Notary Public
My commission expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of any independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.

Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. (3) Meet And Confer Regarding Unresolved Claims. If the Contractor disputes the City’s written statement issued pursuant to Section 4.07(c)(1) or if the City fails to issue a timely written response, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. Within 10 business days following the conclusion of the meet and confer conference, the City shall provide the Contractor with a written statement identifying the portion 121
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of the claim that remains in dispute and the portion that is undisputed. The City shall pay any undisputed portion of the claim within 60 days after it issues its written statement. (4) Mediation. If the Contractor disputes, in writing, any portion of the City’s written statement as issued under Section 4.07(c)(3), the disputed items shall be submitted to nonbinding mediation according to the provisions of Public Contract Code section 9204(d)(2), and any costs of mediation shall be allocated as set forth in that section. Upon receipt of a claim, the City and the Contractor may agree to waive, in writing, mediation. (5) Failure to Respond or Pay. If the City fails to timely respond to a claim from the Contractor or otherwise fails to meet the time requirements of Public Contract Code section 9204, the claim shall be deemed rejected in its entirety. Additionally, amounts not timely paid in the manner required by Public Contract Code section 9204 shall bear interest at 7 percent per annum.
(6) Subcontractor Claims. If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of the Subcontractor or lower tier Subcontractor pursuant to Public Contract Code section 9204(d)(5).

2.08. CIVIL ACTION PROCEDURES
(a) Alternative Dispute Resolution of Claims of $375,000.00 or Less. (1) Claims Less Than $375,000.00. Notwithstanding any other provision herein but after compliance with the provisions of Public Contract Code section 9204 as set forth in Section 4.07, claims of $375,000.00 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contract Code section 20104 et seq. “Claim” for this purpose means a separate demand by the Contractor for a time extension, payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, for which payment is expressly provided, or the Contractor is otherwise entitled to, or an amount the payment of which is disputed by the City. (2) Submission of Claims Less than $375,000.00. The Contractor shall submit its claim of $375,000.00 or less to the City in writing, within the time frames established under paragraph 4.07, but no later than before the final payment is made. The City shall respond within the time provided by statute. If the Contractor disagrees with the response or the City fails to respond within the time permitted, the Contractor shall notify the City of the disagreement in writing within fifteen (15) days from the date of the response or expiration of the time permitted to respond and demand a meet-and-confer conference. The City shall schedule a meet-and-confer conference within thirty (30) days of the demand. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. If not resolved at the meet-and-confer conference, the Contractor may initiate a civil action as set forth in Public Contract Code section 20104 et seq., including but not limited to compliance with applicable Government Code provisions.
(3) Time Limits Not Extended. Nothing in subdivision (a) of Public Contract Code section 20104.2 shall extend the time limit or supersede the notice requirements provided in this Contract for filing claims by the Contractor.
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(b) Alternative Dispute Resolution of Claims in Excess of $375,000.00.

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

4.07. 2.09. GUARANTEE
(a) In addition to warranties, representations and guarantees stated elsewhere in the Contract Documents, the Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace the same at its sole cost and expense, and to the satisfaction of the Engineer, any and all materials which may be defective or improperly installed.
(b) The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other work, which may be damaged or displaced in so doing. (c) In the event of failure to comply with the above stated conditions within a reasonable time, the City is authorized to have the defect repaired and made good at the expense of the Contractor who will pay the costs and charges therefore immediately upon demand, including any reasonable management and administrative costs, and engineering, legal and other consultant fees incurred to enforce this section. (d) The signing of the Contract by the Contractor shall constitute execution of the above guarantees. Except as otherwise provided in this Contract, the guarantees and warranties shall remain in effect for a period of one (1) year after final Acceptance of the Work by the City.
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SECTION 3

CONTROL OF WORK

3.01. AUTHORITY OF ENGINEER
(a) The Engineer is the representative of the City and has full authority to interpret the Contract Documents, to conduct the construction review and inspection of the Contractor’s performance, and to decide questions, which arise during the course of the Work and the Engineer’s decisions on these matters, shall be final and conclusive. The Engineer has the authority to reject all work and materials, which do not conform to the Contract Documents, and has the authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Engineer’s failure to stop the Work shall not obligate the City to accept defective or otherwise unacceptable work or otherwise affect the Engineer’s or City’s authority to reject work for any reason set forth in the Contract Documents. (b) If at any time the Contractor’s work force, tools, plant or equipment appear to the Engineer to be insufficient or inappropriate to secure the required quality of work or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, improve their character, to augment their number or to substitute other personnel, new or additional tools, plant or equipment, as the case may be, and the Contractor shall comply with such order.

Neither the failure of the Engineer to demand such increase of efficiency, number, or improvement, nor the compliance by the Contractor with the demand, shall relieve the Contractor of its obligation to provide quality work at the rate of progress necessary to complete the Work within the specified time.
(c) The Engineer may authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time. These may be accomplished by a Field Order. Contractor shall comply promptly with all Field Orders. If the Engineer and Contractor are unable to agree on entitlement or on the amount or extent, if any, of any adjustment in the Contract Price or Contract time, or cost, as a result of a Field Order, a claim may be made therefor pursuant to Section 2.07. (d) Any order given by the Engineer, not otherwise required by the Contract Documents to be in writing shall, on request of the Contractor, be given or confirmed by the Engineer in writing.
(e) Whenever work, methods of procedure, or any other matters are made subject to direction or approval, such direction or approval will be given by the Engineer.

3.02. DRAWINGS
(a) Drawings furnished herewith are for bidding purposes. The Engineer will furnish the Contractor, free of charge, copies of full size Drawings which are reasonably necessary for the execution of the Work. The Contractor shall have no claim for excusable delay on account of the failure of the Engineer to deliver such Drawings, unless the Engineer shall have failed to deliver the same within two weeks after receipt of written demand therefore from the Contractor.

The Contractor shall keep one copy of said Drawings, in good order, available to the Engineer and the Engineer’s representatives, and convenient to the working site. 124
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(b) If the Contractor, in the course of the Work, finds any discrepancy between the Drawings and the physical condition of the locality, or any errors or omissions in the Drawings, or in the layout as given by points and instructions, it shall be the Contractor’s duty to inform the Engineer in writing, and the Engineer will promptly verify the same.

Any work done after such discovery, until authorized, will be done at the Contractor’s risk. All Drawings, Specifications, and copies thereof furnished by the Engineer are the property of the Engineer and shall not be reused on other work and, with the exception of the signed Contract sets, are to be returned to the Engineer, on request, at the completion of the Work. All models are the property of the City.
(c) The Drawings shall be supplemented by such Shop Drawings prepared by the fabricator and/or supplier and Working Drawings prepared by the Contractor as are necessary to adequately control the Work. No changes shall be made by the Contractor in any Shop or Working Drawings after they have been reviewed by the Engineer, if the Engineer deems that no further submittals are necessary. The Contractor shall not commence the layout, purchase, fabrication, or construction of any work for which Shop or Working Drawings are required until Engineer has reviewed the specifications and drawings and has indicated in writing no further submittals are required for compliance with the Contract Documents. (d) Shop and Working Drawings for any structure shall include, but not be limited to, detail design calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc., which shall be reviewed and accepted by the Engineer before any such work is performed.
(e) Shop and Working Drawings will be required for cribs, cofferdams, falsework, centering and form work and for other temporary work and methods of construction the Contractor proposes to use. Such Drawings shall be subject to the review and Acceptance of the Engineer insofar as the details affect the character of the finished work, but details of design will be left to the Contractor who shall be responsible for the successful construction of the Work.
(f) Contractor agrees that Shop and/or Working Drawings processed by the Engineer are not Change Orders; that the purpose of these Drawings submitted by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that the Contractor demonstrates its understanding by indicating which equipment and material the Contractor intends to furnish and by detailing the fabrication methods it intends to use. It is expressly understood, however, that favorable review of the Contractor’s Shop and Working Drawings shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreements of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of its Drawings with the Specifications. Contractor further agrees that if deviations, discrepancies or conflicts between Shop and/or Working Drawings and Specifications are discovered either prior to or after the Drawings are processed by the Engineer, the Specifications shall control and shall be followed.
(g) Unless otherwise stated, the Engineer shall have thirty (30) days from the date of receipt of Shop and/or Working Drawings for review.
(h) Full compensation for furnishing all Shop and/or Working Drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings 125
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relate and no additional compensation will be allowed therefore. Any cost related to the Engineer’s review of any particular set of Shop and/or Working Drawings more than twice, due to incompleteness or unacceptability, shall be borne by the Contractor, and the City reserves the right to withhold such costs from payments due the Contractor. (i) All reasonable effort has been made to locate and delineate all known structures and facilities on the plans. Except as otherwise provided herein, the City of West Sacramento shall assume no responsibility for the completeness or accuracy of its delineation of underground utilities nor the existence of other buried objects which may be encountered, or which are not shown on the plans.
(j) The Contractor shall keep and maintain a clean set of plans for the project and shall record in red ink all changes, revisions, etc. made during the course of construction. These plans shall include all changes, revisions, etc. from the original plan complete with the exact sizes, locations, dimensions, elevations, etc. These plans shall be kept and maintained in a neat, clean and legible condition and shall be available for inspection at all times by the Engineer. The Contractor shall deliver these completed plans to the Engineer and the Engineer shall approve these plans prior to final Acceptance of the project by the City.

3.03. CONSTRUCTION STAKING AND SURVEYS
The City will provide one set of construction stakes and benchmarks as it deems necessary to establish lines and grades required for the completion of the site work specified in the Contract. The Contractor shall notify the Engineer a minimum of seven (7) days in advance of the time work is to begin on any portion of the project that may require construction staking to be provided by the City. The Contractor shall make all other surveys necessary for the completion of the Work.

Alternatively, the Engineer may provide the Contractor with drawings showing benchmarks and reference points as it deems necessary to establish lines and grades required for the completion of the site work specified in the Contract Documents. The Contractor shall make or furnish all surveys and set all construction stakes necessary for the completion of the work.

Stakes and marks set by the City or Engineer shall be carefully preserved by the Contractor. The Contractor shall be charged for the cost of replacing or restoring the stakes and marks, which are destroyed or damaged by Contractor’s operation. This charge will be deducted from any monies due or to become due to the Contractor under the Contract.

3.04. PERMITS AND REGULATIONS
Permits and licenses, of a temporary nature, necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified.

The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as shown on the plans and described in the Specifications. Contractor shall promptly notify the Engineer in writing of any specification at variance therewith. In such instances, any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be 126
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contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, Contractor shall bear all costs arising therefrom.

3.05. CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on Contract Documents. Although measurement, sampling, and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. The Engineer’s decision as to any allowable deviations therefrom shall be final and conclusive.

3.06. COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS (a) Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Specifications and Plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Specifications and Plans, reference shall be made to the Engineer, whose decision thereon shall be final and conclusive.
(b) Any reference made in the Specifications and Plans to any specification, standard, method, or publication of any scientific or technical society or other organization shall, in the absence of a specific designation to the contrary, be understood to refer to the specification, standard, method, or publication in effect as of the date that the Work is advertised for Bids.

3.07. SUBCONTRACTORS
(a) The attention of the Contractor is directed to the provisions of California Public Contract Code sections 4100-4113 regarding subcontracting and said provisions are by this reference incorporated herein and made a part hereof.
(b) Each subcontract shall contain a suitable provision for the suspension or termination thereof should the Work be suspended or terminated or should the Subcontractor neglect or fail to conform to every provision of the Contract Documents insofar as such provisions are relevant. The Contractor shall be fully responsible to the City for the acts or omissions of the Contractor’s Subcontractors and of the persons either directly or indirectly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the City. If a legal action, including arbitration and litigation, against the City is initiated by a Subcontractor or Supplier, the Contractor shall reimburse the City for the amount of legal, engineering and all other expenses incurred by the City in defending itself in said action. (c) The City and the Engineer reserve the right to approve all Subcontractors.

Such approval shall be a consideration to the awarding of the Contract and unless notification to the contrary is given to the Contractor prior to the signing of the Contract, the list of Subcontractors which is submitted with the Contractor’s proposal will be deemed to be acceptable. Contractor shall not, without the written consent of the City, subcontract the whole of the Work.
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3.08. COOPERATION OF CONTRACTORS
(a) Should construction be under way by other forces or by other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserve d to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces. (b) When two or more contractors are employed on related or adjacent work, each shall conduct its operation in such a manner as not to cause any unnecessary delay or hindrance to the other. Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by its operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.

3.09. SUPERINTENDENCE
(a) The Contractor shall designate in writing, before starting work, an individual as authorized representative who shall have the authority to represent and act for the Contractor.

This authorized representative shall be present at the Site of the Work at all times while work is actually in progress on the Contract. When the Work is not in progress and during periods when the Work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work, which may be required.
(b) The Contractor is solely responsible, at all times, for the superintendence of the Work and for its safety and progress.
(c) Whenever the Contractor or its authorized representative is not present on any particular part of the Work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. (d) Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing.

3.10. INSPECTION OF WORK
(a) Unless otherwise provided, all equipment, materials, and work shall be subject to inspection and testing by the Engineer. The Engineer will observe the progress and quality of the Work and determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Engineer shall not be required to make comprehensive or continuous inspections to check the quality of the Work. The Engineer shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of Contractor’s obligation to conduct comprehensive inspections of the Work and to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
(b) Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer so that proper inspection may be 128
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provided. Any work done in the absence of the Engineer shall be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Engineer and other agents of the City, and agents of the federal, state, or local governments at all reasonable hours for inspection by such agencies to ascertain compliance with laws and regulations.
(c) One or more inspectors may be assigned to observe the Work by the Engineer and to act in matters of construction under this Contract. It is understood that inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. Such inspection shall not relieve the Contractor of the Contractor’s obligation to conduct comprehensive inspections of the Work, to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions in conformance with the intent of the Contract.
(d) The Engineer and the Engineer’s representatives shall at all times have access to the Work wherever it is in preparation or progress, and the Contractor shall provide safe and convenient facilities for such access and for inspection. If the Specifications, the Engineer’s instructions, laws, ordinances, or any public authority require any material, equipment or work to be specifically tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the City, of the time fixed for inspection. Inspections by the Engineer will be made promptly and, where practicable, at the source of supply.
(e) Work performed without inspection may be required to be removed and replaced under proper inspection. In such instances, the entire cost of removal and replacing, including the cost of City-furnished materials used in the Work, shall be borne by the Contractor, regardless of whether or not the Work exposed is found to be defective. Examination of questioned work, other than that installed without inspection, may be ordered by the Engineer and, if so ordered, the Work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the City will pay the cost of re-examination and replacement. If such work is found to be not in accordance with the Contract Documents, the Contractor shall pay such cost, unless the Contractor can show that the defect in the Work was caused by another Contractor , and in that event the City will pay such costs. (f) The inspection of the Work shall not relieve the Contractor of the Contractor’s obligation to fulfill the Contract as herein prescribed, or in any way alter the standard of performance provided by the Contractor, and defective work shall be made good and unusable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the Work or any part thereof shall be found defective, the Contractor shall, within ten (10) calendar days, make good such defect in a manner satisfactory to the Engineer. If the Contractor fails to make ordered repairs of defective work or to remove the condemned materials from the Work within ten (10) calendar days after written direction by the Engineer, the City may make the ordered repairs, or remove the condemned materials, and deduct the cost thereof from any monies due the Contractor.
(g) The Contractor shall furnish promptly, without additional charge, all facilities, labor and materials reasonably needed by the Engineer for performing all inspection and tests.

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(h) Where any part of the Work is being done under an encroachment permit or building permit, or is subject to federal, state, county or city codes, laws, ordinances, rules or regulations, representatives of the government agency shall have full access to the Work and shall be allowed to make any inspection or tests in accordance with such permits, codes, laws, ordinances, rules, or regulations. If advance notice of the readiness of the Work for inspection by the governing agency is required, the Contractor shall furnish such notice to the appropriate agency.
(i) The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer’s authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials.

Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply.

3.11. TESTS
The Contractor shall perform, at the Contractor’s own expense, all tests specified or required by the Specifications. The Engineer may perform such tests as the Engineer deems necessary to determine the quality of work or compliance with Contract Documents. The Contractor shall furnish promptly without additional charge all facilities, labor, and material reasonably required for performing safe and convenient tests as may be required by the Engineer. All tests by the Engineer will be performed in such a manner as will not unnecessarily delay the Work. The Contractor shall not be required to reimburse the City for tests performed by the City or Engineer. If samples of materials are submitted which fail to pass the specified tests, the Contractor shall pay for all subsequent tests.

3.12. REMOVAL OF REJECTED AND UNAUTHORIZED WORK AND MATERIALS (a) All work or materials, which have been rejected, shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation shall be allowed the Contractor for such removal, replacement, or remedial work. (b) Any work done beyond the lines and grades shown on the plans or established by the Engineer or any Extra Work done without written authority will be considered as unauthorized work and will not be paid for. Upon order of the Engineer, unauthorized work shall be remedied, removed, or replaced at the Contractor’s expense. (c) Upon failure of the Contractor to comply with any order of the Engineer made under this section, the City may cause rejected or unauthorized work to be remedied, removed, or replaced, and may deduct the costs therefore from any monies due or to become due the Contractor.

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

3.14. EQUIPMENT AND PLANTS
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(a) Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the Project.
(b) Plants will be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of sufficient material to carry the Work to completion within the time limit.
(c) The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer, shall remove unsuitable equipment from the Work and discontinue the operation of unsatisfactory plants. Contractor shall, upon request of the Engineer, submit one or more lists identifying, by make, model number, Contractor ‘s identification number and empty gross weight, each piece of operable equipment used for the Work. Contractor shall, upon request of the Engineer, submit documentation establishing that any measuring device used for the Work has been tested and properly approved under California Test 109.
(d) In the case of termination of this Contract before its completion for any cause whatsoever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of its equipment and supplies from the property of the City. If the Contractor fails to do so, the City shall have the right to remove such equipment and supplies at the expense of the Contractor.

3.15. CHARACTER OF WORKER
If any Subcontractor, or person employed by the Contractor or any Subcontractor fails or refuses to carry out the directions of the Engineer or appears to the Engineer to be incompetent or to act in a disorderly or improper manner, said person shall be removed from the Project immediately on the requisition of the Engineer. That person shall not again be employed on the Work. Such discharge shall not be the basis for any claim for compensation or damages against the City, or any of its officers or agents.

3.16. SEPARATE CONTRACTS
(a) The City reserves the right to let other contracts in connection with this Work.

The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate Contractor’s work with the other Contractor ‘s work. (b) If any part of the Contractor’s work depends on proper execution or results upon the Work of any other Contractor , the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. The Contractor’s failure to inspect and report shall constitute an Acceptance of the other Contractor ‘s work as fit and proper for the reception of the Contractor’s work, except as to defects which may develop in the other Contractor ‘s work after the execution of the Contractor’s work.
(c) To insure the proper execution of Contractor’s subsequent work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the Drawings.

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

3.18. USE OF COMPLETED PORTIONS, RIGHT TO OPERATE UNSATISFACTORY

EQUIPMENT OR FACILITIES
(a) The City may, at any time, and from time to time, during the performance of the Work, enter the Work Site for the purpose of installing any necessary work by City labor or other contracts, and for other purpose in connection with the installation of facilities. In doing so, the City shall endeavor not to interfere with the Contractor and the Contractor shall not interfere with other work being done by or on behalf of the City.
(b) If, prior to completion and final Acceptance of all the Work, the City takes possession of any structure or facility (whether completed or otherwise) comprising a portion of the Work with the intent to retain possession thereof (as distinguished from temporary possession contemplating the return to the Contractor), then, while the City is in possession of the same, the Contractor shall be relieved of liability for loss or damage to such structure other than that resulting from the Contractor’s fault or negligence. Such taking of possession by the City shall not relieve the Contractor from any provisions of this Contract regarding such structure, other than to the extent specified in the preceding sentence, nor shall such taking constitute a final Acceptance of such structure or facility. (c) If, following installation of any equipment or facilities furnished by the Contractor, defects requiring correction by the Contractor are found, the City shall have the right to operate such unsatisfactory equipment or facilities and make reasonable use thereof until the equipment or facilities can be shut down for correction of defects without injury to the City.

3.19. LANDS FOR WORK, RIGHT-OF-WAY CONSTRUCTION ROADS
(a) The City will provide the lands, easements, right-of-way, and/or encroachment permits necessary or other rights to enter and work on lands necessary for the performance of the Work. Other permits and licenses are addressed by Section 3.04. Should the Contractor find it advantageous to use any additional land for any purpose whatever, the Contractor shall provide for the use of such land at its expense. The Engineer shall be furnished with a copy of written agreements or otherwise be notified in writing of additional working space which is acquired. Nothing herein contained and nothing marked on the Plans shall be interpreted as giving the Contractor exclusive occupancy of the territory provided by the City. When two or more contracts are being executed at one time on the same or adjacent land in such a manner that work on one contract may interfere with that on another, the Engineer shall decide which Contractor shall cease work, and which shall continue, or whether the work on both contracts shall progress at the same time and in what manner, and the decision of the Engineer shall be final and binding. When the territory of one contract is the necessary or convenient means of access for the performance of another contract, such privilege of access or any other reasonable privilege may be granted by the Engineer to the Contractor so desiring, to the extent, amount, in the manner, and at the time permitted. No such decision as to the method or time of conducting the Work or the use of territory shall be the basis of any claim for delay or damage.
(b) Lands, easements or rights-of-way to be furnished by the City for construction operations will be specifically shown on the Plans.
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(c) The Contractor shall construct and maintain all roads necessary to reach the various parts of the Work and for the transportation thereto of construction material and personnel. The cost of constructing and maintaining such roads shall be borne by the Contractor.

3.20. CITY’S RIGHT TO AUDIT AND PRESERVATION OF RECORDS (a) The Contractor shall maintain books, records and accounts of all costs in accordance with generally accepted accounting principles and practices. The City and its authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions:
(1) The Contract is terminated for any reason in accordance with the provisions of the Contract Documents in order to arrive at equitable termination costs; (2) In the event of a disagreement between the Contractor and the City over the amount due the Contractor under the terms of the Contract; (3) To check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor’s efficiency or effectiveness under this Contract or in connection with extras, changes, claims, additions, backcharges, or others, as may be provided for in this Contract;
(4) If it becomes necessary to determine the City’s rights and the Contractor’s obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the City; (5) To determine any difference in cost occasioned by a permissible substitution;
(6) And/or for any other reason in the City’s sole judgment. (b) Contractor shall provide the City (or its representatives), unlimited, reasonable access during working hours to the Contractor’s books and records. The City’s audit rights shall be liberally construed in the City’s favor.
(c) The Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to the City for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor (but without any charge to the City), all its books, records, documents, photographs, micro-photographs, and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the Work hereunder.
(d) The City will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the City’s option, either during the Contract time period or during the record retention time period. Regardless of authorization, approval or acceptance, signatures or letters which are given by the City and are part of the City’s control systems or are requested by the Contractor, the payments made under this Contract shall not constitute a waiver or agreement by the City that it accepts as correct the billings, invoices or other charges on which the payments are based. If the City’s audit 133
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produces a claim against the Contractor, the City may pursue all its legal remedies even though it has made all or part of the payments required by this Contract. (e) If any audit by the City or its representative discloses an underpayment by the City pursuant to the terms of the Contract Documents, the City shall have the duty to pay any amount found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the City for the amount of the overpayment. The City’s right to claim reimbursement from the Contractor of any overpayment shall not be terminated or waived until three years after the completion of the City’s audit or upon the termination of audit rights under subparagraph 3.20(f), whichever date is later. The obligation of the Contractor to make reimbursements hereunder shall not terminate except as provided by law.
(f) The City’s right to audit and the preservation of records shall terminate at the end of three (3) years after the date final payment is made or termination of the Contract. The Contractor shall include this “Right to Audit and Preservation of Records” clause in all subcontracts issued by it and it shall require the same to be inserted by all lower tier Subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to include this clause in any such contract or lower tier contract, or otherwise fail to insure the City’s rights hereunder, Contractor shall be liable to the City for all costs, expenses and attorney’s fees which the City may have to incur obtaining or attempting to obtain an audit or inspection of or the restoration of records which otherwise would have been available to the City from said persons under this clause. Such audit may be conducted by the City or its authorized representative.
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SECTION 4

CONTROL OF MATERIALS

4.01. MATERIALS
(a) Unless otherwise specifically stated in the Specifications, the Contractor shall furnish all materials necessary for the execution and completion of the Work. Unless otherwise specified, all materials shall be new and shall be manufactured, handled, and installed in a workmanlike manner to insure completion of the Work in accordance with the Contract Documents. The Contractor shall, upon request of the Engineer, furnish satisfactory evidence as to the kind and quality of materials.
(b) Where materials are to be furnished by the City, the type, size, quantity and location at which they are available will be stated in the Contract Documents. (c) Manufacturers’ warranties, guarantees, instruction sheets and parts listed, which are furnished with certain articles or materials incorporated in the Work, shall be delivered to the Engineer before Acceptance of the Contract.

4.02. STORAGE OF MATERIALS
Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.

4.03. TRADE NAMES AND ALTERNATIVES
Whenever a material, article, system or sub-system is specified or described by using the name and/or model of a proprietary product or trademark or the name of the manufacturer or vendor, the specified item shall establish the type, function, and quality required. It shall be understood that the words “or approved equivalent” are implied whether or not they follow the proprietary enumeration.

The City reserves the right to determine when proprietary items have no equivalency, and when uniformity of operations, interchangeability of parts, standard parts inventory, etc., are in the City’s best interest.

Requests for review of equivalency will be considered upon submission of sufficient information as described herein, to allow complete review. Such requests shall not be accepted from anyone other than the Contractor. Such submission must be made prior to purchase, fabrication, manufacture or use of the equivalent items under consideration. (a) Contractor’s Risk. If the Contractor includes in its Bid or later proposes any material, product or equipment that the Contractor considers equivalent to that specified, the Contractor assumes all risk of any sort associated with Acceptance or rejection of proposed equivalent items. The Contractor shall have no right to make claim based upon Contractor’s Bid that includes a proposed equivalent item(s) of work which resulted in a lower Bid amount for said item(s) or lower total bid.
(b) Submission Requirements. Each submission for equivalency review shall include:
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(1) Justification for use of the proposed equivalent item(s), including evidence, as applicable, that Contract specified material, product or equipment is unobtainable or unobtainable within an acceptable time for contract completion; (2) A description of the difference between specified item(s) and proposed equivalent item(s) and the comparative advantages and disadvantages of each; (3) All relevant data addressing each specified parameter to show equivalency;
(4) A prediction of any effects the proposed change will have on operation and maintenance costs where applicable.
(c) Equivalency. An item will be considered equivalent to the item specified if it is equal to or better in:
(1) Design and strength in all sub-parts, quality, reliability and durability, operation, maintenance and serviceability, as applicable; and (2) Specified parameters in performance in all respects for the specific function(s) indicated in the contract.
(d) Supplemental Requirements. Any tests required by the City to establish quality and performance standards shall be promptly conducted by or through the Contractor at no additional cost to the City. In addition, the Contractor shall:
(1) Submit any additional data requested by the Engineer for the equivalency review; and
(2) Satisfactorily accomplish all changes, including any Engineering associated with use of equivalent items, at no additional cost to the City. (e) Equivalency Determinations. The Engineer shall be the sole judge as to equivalency determinations. The Engineer’s decision shall be final. The Contractor shall have no right of appeal to any decision rejecting the equivalency of any item. (f) Procedure.
(1) Data substantiating a request for a substitution of “an equal” item shall be submitted prior to the Award of the Contract pursuant to Section 3400 of the latest edition of the Public Contract Code.
(2) After the Bid opening, the apparent three low bidders shall have seven (7) calendar days to provide complete substantiating data for all product, material or system substitution requests. After this seven (7)-day period, the City may award the Contract to the apparent low bidder. In no event will product, material or system substitution requests submitted after the Award of Contract be considered. Failure to submit such substantiating data will result in the automatic rejection of the proposed substitution request. The City will have thirty (30) days to review the first ten (10) proposed substitution requests. For each additional five (5) product, material or system substitution requests over and above the initial ten (10), the City will have ten (10) additional days to review the proposed substitution requests. 136
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(3) Each substitution request may include one alternate substitution. All alternate substitutions shall be submitted concurrently with substitution requests. Upon review by the City, proposed substitutions shall be returned to the Bidder marked either “accepted” or “rejected”. The City shall only review alternative substitution requests if the primary substitution request is rejected. If a substitution request, and its alternative, is returned “rejected”, no further substitution requests for that product, material or system will be allowed and the Bidder will provide the specified product, material or system.
(4) If, after all substitution requests have been processed, substitution requests by the apparent low Bidder are rejected by the City, the apparent low Bidder may elect not to execute the Contract. Under no circumstances, will bidders be allowed to alter their Bid Price as originally submitted. This election shall be made in writing no later than five (5) days following the receipt of the reviewed substitution requests. An election by the Bidder not to execute the Contract will result in the forfeiture of the bidder’s Bid bond. If the apparent low Bidder elects not to continue, and the second low Bidder is awarded the Contract, the second low Bidder may then elect not to execute the Contract for the contract price shown on its Bid Form. Subsequent bidders shall have five (5) days following the receipt of the reviewed substitution requests and the Notice of Award in which to make their election. This process shall continue until one Bidder decides to continue with the Award of Contract process. (5) The City may award the Contract at any time after the time for submitting substitution requests expires pursuant to subpart (2), above. In the event the Contract is awarded prior to acceptance/rejection of substitution requests, all outstanding substitution requests shall be reviewed by the City as provided above. If the apparent low Bidder elects not to execute the Contract, the Award of Contract to the apparent low Bidder shall be rescinded and the Contract awarded to the next apparent low bidder. All bidders electing not to execute the Contract expressly agree that the City shall incur no liability for such rescissions. As provided herein, “apparent low bidder” means the lowest responsive and responsible bidder.

4.04. CERTIFICATES OF COMPLIANCE
(a) A Certificate of Compliance shall be furnished prior to the use of any materials for which the Technical Specifications require that such a certificate be furnished. In addition, when so authorized in the Specifications, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate of Compliance shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract. A Certificate of Compliance shall be furnished with each lot of material delivered to the Work and the lot so certified shall be clearly identified in the Certificate.
(b) All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not. (c) The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
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(d) The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
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SECTION 5

LEGAL RELATIONS AND RESPONSIBILITY

5.01. COMPLIANCE WITH LAWS – PERMITS, REGULATIONS, TAXES The Contractor is an independent Contractor and shall, at the Contractor’s sole cost and expense, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the Work, obtain all necessary permits and licenses therefore, pay all manufacturers’ taxes, sales taxes, use taxes, processing taxes, and all federal and state taxes, insurance and contributions for social security and unemployment which are measured by wages, salaries or any remuneration paid to Contractor’s employees, whether levied under existing or subsequently enacted laws, rules or regulations. The Contractor shall also pay all property tax assessments on materials or equipment used until Acceptance by the City. If any discrepancy or inconsistency is discovered in the Plans or Specifications, or in this Contract in relation to any such law, rule, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. The Contractor shall also protect, defend and indemnify the City, the Engineer, and all of the City’s officers, agents, and servants against any claim or liability arising from or based upon the violation of any such law, rule, ordinance, regulation, order or decree, whether by the Contractor or its employees. Particular attention is called to the following:
(a) Without limitation, materials furnished and performance by Contractor hereunder shall comply with Safety Orders of the Division of Industrial Safety, State of California, Federal Safety regulations of the Bureau of Labor, Department of Labor; and any other applicable Federal regulations.
(b) The Contractor, upon request shall furnish evidence satisfactory to the City and Engineer that any or all of the foregoing obligations have been or are being fulfilled. The Contractor warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that Contractor has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable the Contractor to perform this Contract. (c) Contractor is required to insure that material safety data sheets (MSDSs) for any material requiring a material safety data sheet pursuant to any federal or state law are available in a readily accessible place on the Project premises. Contractor is also required to insure:
(1) The proper labeling of any substance brought onto the Project premise by Contractor or any Subcontractors and
(2) That the person(s) working with the material, or within the general area of the material, are appropriately informed about the hazards of the substance and follow proper handling and protection procedures.
(d) Contractor is required to comply with the provisions of California Health and Safety Code section 25249.5, et seq. (Prop. 65), which requires the posting and giving of notice to persons who may be exposed to any chemical known to the State of California to cause cancer.
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5.02. PREVAILING WAGE
(a) The Contractor shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any Subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775 which is incorporated herein by reference. Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full.
(b) The City will not recognize any claims for additional compensation because of the payment of the wages set forth in these General Conditions. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Engineer, or the City’s agents, be considered as the basis of a claim against the City. (c) The Contractor agrees to follow the instructions of the City’s labor compliance officer until notified otherwise in writing by the City. (d) The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract.

Copies of the applicable prevailing wage rate determinations are made available to the Contractor and Subcontractor at the Pre-Job Conference Meeting. The Contractor shall post a copy of this document at the prevailing wages at each job site, along with a CMU work place poster, printed on 8 1/2” X 11” paper or larger, in accordance with California Code of Regulations, Title 8, section 16451(d).

5.03. PREVAILING WAGE RECORDS
(a) The Work is subject to monitoring and enforcement of prevailing wage requirements by the Department of Industrial Relations (“DIR”) and the following provisions will apply:
(1) Contractor and Subcontractors shall maintain and furnish to the DIR, a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports in PDF form shall be transmitted electronically to the DIR after first registering at http://www.dir.ca.gov/PublicWorks/Certified-Payroll-Reporting.html. The provisions of Labor Code section 1776 are incorporated herein by reference.
(2) The CITY and the DIR shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. The DIR will notify the Contractor or Subcontractor(s), as appropriate) of any noncompliance, in order for all such Contractor or Subcontractor(s) to correct the noncompliance.
(3) The City shall withhold payments when payroll records are delinquent or inadequate.
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(4) The City shall withhold payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred.
(5) The City shall cooperate with the DIR and DLSE in any investigation of suspected violations of prevailing wage requirements.
(6) As directed by the Labor Commissioner, the City shall withhold Contract payments equal to the payments due or estimated to be due to the Contractor or Subcontractors whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or Subcontractors. The Contractor shall be required to withhold payments to a Subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the Subcontractor has cured such delinquency or deficiency.
(7) These payroll records shall be made available to the City’s representatives. These records shall be maintained during the course of the Work. The Contractor and all Subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site. (8) The Contractor shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all Subcontractors and any lower tier Subcontractors.
(9) The Project will not be accepted as complete by the City nor final payment made until all items of non-compliance are corrected or until appropriate provision is made by depository agreement to assure the ultimate resolution and payment of any back wages that may be found due.
(b) A pre-construction conference shall be conducted before commencement of the Work with the Contractor and Subcontractors at which time the prevailing wage requirements will be reviewed and agreed to by all parties.

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

5.05. EIGHT-HOUR DAY LIMITATION
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, eight hours labor shall constitute a day’s work, and no worker, in the employ of said Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of 141
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those provisions; provided that subject to Labor Code section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Work. This record shall be open at all reasonable hours to the inspection of the City, State and Federal officers and agents. It is hereby further agreed that, the Contractor shall forfeit as a penalty to the City the sum of twenty-five dollars ($25.00) for each worker employed in the performance of this Contract by the Contractor or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5.06. COMPLIANCE WITH STATE REQUIREMENTS FOR EMPLOYMENT OF

APPRENTICES
The Contractor’s attention is directed to Section 1777.5 of the Labor Code. Provisions of said section pertaining to employment of registered apprentices are hereby incorporated by reference into these Specifications. As applicable, the Contractor or any Subcontractor employed by the Contractor in the performance of the Work shall take such actions as necessary to comply with the provisions of Section 1777.5.

5.07. UNDERGROUND UTILITIES
(a) In accordance with Government Code section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating existing main or trunkline utility facilities which are not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work, provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing or relocating such utilities. Contractor shall not be assessed liquidated damages for delays in completing the Work when such delays are due to the failure of either the City or the owner of the utility to provide for removal or relocation of such utility facilities. (b) The Contractor shall take all precautions necessary to protect the existing utilities within the project area. Any utilities damaged due to the Contractor’s negligence shall be repaired or restored to their original condition at the Contractor’s sole expense. Existing utilities shall be kept in service during the life of the Contract unless relocation, reconstruction, abandonment, or outage is specifically authorized by the Engineer. (c) The Contractor shall provide and maintain such temporary supports as may be necessary to preserve the functions of the various utility systems. No wires, conduits and/or pipes shall be removed until all services therein have been made inoperable. (d) The Contractor shall notify the Engineer and appropriate Regional Notification Center for operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures. The Contractor shall provide updated information to the Notification Center as required and on a periodic basis. The Regional 142
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Notification Center includes but is not limited to the Underground Service Alert-Northern California (USA) at 1-800-642-2444.
(e) The Contractor is advised that the State of California does not participate in USA.

The Contractor is required to notify Caltrans Permits Branch (916) 322-1297 for the location of State facilities.
(f) The Contractor shall not proceed with work until utility facilities involved have been located, disconnected, or otherwise adjusted by utility representatives. (g) The City Utility Maintenance Division will make repairs to all water service laterals and water mains damaged by the Contractor during the course of construction unless directed otherwise by the Engineer. Except as otherwise provided in this section, the Contractor shall be required to pay all labor, material and equipment costs incurred by the City Utilities Maintenance Division for the repairs made to damaged water service laterals and water mains.

The City will bill the Contractor for the repairs and the bills will be paid by the Contractor prior to either the next monthly progress payment or prior to the final payment, whichever comes first.

The Contractor shall provide to the Engineer proof of payment of the repair bills prior to the issuance of either the monthly progress payment or final payment. The current labor and equipment rates for the City Utility Maintenance Division will be made available to the Contractor at the preconstruction conference. The City shall have the right to deduct the total amount of any unpaid City repair bill from the money due or to become due the Contractor.

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

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

5.10. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the lawful prosecution of the work. All permits and licenses shall be obtained in sufficient time to prevent delays to the Work. The Contractor shall, at a minimum, possess and maintain the licenses and permits set forth in the Contract Provisions and shall ensure that its employees possess and maintain any certifications, licenses or permits required to perform work under this Contract, including but not limited to state certifications required by the California Department of Industrial Relations.

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

5.12. PUBLIC CONVENIENCE
This section defines the Contractor’s responsibility with regard to convenience of the public and public traffic in connection with its operations. (a) The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be properly prosecuted with due regard to the rights of the public.
(b) Unless otherwise provided in the Contract Documents, all public traffic shall be permitted to pass through the Work with as little inconvenience and delay as possible. In order to expedite the passage of public traffic through or around the work, the Contractor shall install as appropriate signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall provide and station competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the Work. The cost of furnishing and installing such signs, lights, flares, barricades, and other facilities, and the cost of providing and stationing such flagpersons, all for the convenience and direction of public traffic, will be considered as included in the Contract price and no additional compensation will be allowed. (c) Spillage resulting from hauling operations along or across any publicly traveled way shall be removed immediately by the Contractor at its expense. (d) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
(e) Convenient access to driveways, houses and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner’s access across the right-of-way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.
(f) Water shall be supplied if ordered by the Engineer for the alleviation or prevention of dust nuisance as provided in the Contract Documents. Any water obtained from a fire hydrant within the City of West Sacramento shall be subject to a fire hydrant permit issued by the Engineering Division of the City of West Sacramento. (g) Flagpersons and guards, while assigned to traffic control, shall perform their duties and shall be provided with the necessary equipment in accordance with the current “Instructions to Flagmen” of the California Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor at its expense. 144
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(h) All traffic control shall be in accordance with California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. (1) Traffic Control Plans. Traffic Control Plans shall be developed for the project to assure that adequate consideration is given to the safety and convenience of motorists, pedestrians, and workers during construction. The Traffic Control Plans shall include, but not be limited to, signing, pavement markings, construction scheduling, permanent barricades, methods and devices for delineation and channelization, placement and maintenance of devices, roadway lighting, traffic regulations, surveillance and inspection. The Traffic Control Plans shall be approved by the Engineer a minimum of two (2) working days prior to start of any work. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(2) Traffic Control Devices and Procedures. Traffic control devices and procedures shall conform to the California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(3) Elimination of On-Street Parking. The Contractor shall place notification for the elimination of on-street parking, if required, at least forty-eight (48) hours, but not more than seventy-two (72) hours prior to the start of work. The notification shall include the Contractor’s phone number, the City of West Sacramento Community Development Department phone number (916) 617-4645, and the phrase “VEHICLES WILL BE TOWED PURSUANT TO CVC SECTION 22651 (L)”. This notice shall be affixed to a Type II barricade that is placed in the lane of the road (max. 200 ft. spacing) used for on-street parking. No other location or method of placement is acceptable. The notification shall be in a form approved by the Engineer. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(4) Lane Closures. All lane closures shall be included in the Traffic Control Plans, and shall both conform to Section 5.12(h)(2) above, and be approved by the Engineer.

Total road closures will not be allowed for the Project. (5) Measurement and Payment. Unless specifically shown as an item of work on the proposal form, all traffic control shall be considered included in other items of work and no additional compensation will be made for labor, materials or equipment needed.

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

5.14. SAFETY
(a) General
(1) The Contractor shall be solely and completely responsible for the conditions of the job Site, including safety of all persons and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours.

Safety provisions shall conform to all applicable federal, state, and local laws, ordinances, and 145
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codes, and to the rules and regulations established by the California Division of Industrial Safety, and to other rules of law applicable to the Work. (2) The services of the Engineer in conducting construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Engineer or the City responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers; or for access, visits, use work, travel or occupancy by any person.
(3) The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation and in sump pump work.
(4) All work and materials shall be in strict accordance with all applicable State, Federal and local laws, rules, regulations, and codes. (5) Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by law, this shall be provided. (6) The Contractor shall submit a safety plan and/or narrative description to the Engineer prior to commencement of the Work. This safety plan and/or narrative description shall describe all first aid, safety clothing, etc. to be used at the Project Site. (b) Shoring and Trench Safety Plan
(1) Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the Contractor shall comply with this law.
(2) In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. Not less than thirty (30) days before beginning excavation for any trench or trenches five feet or more in depth required under this Contract, the Contractor shall furnish to the Engineer Working Drawings of its trench safety plan. The trench safety plan Working Drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, Department of Labor, the plan shall be prepared by a registered civil or structural engineer. In no event shall the Contractor use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by the Contractor or its Subcontractors. 146
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5.15. BLASTING
Except for exceptional circumstances, blasting shall be prohibited. Accordingly, Bids should be prepared on the basis that no blasting will be permitted. Should blasting be required and expressly approved by the City, the City will issue a Change Order for blasting work.

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

5.17. PROTECTION OF PERSONS AND PROPERTY
(a) The Contractor shall take whatever precautions are necessary to prevent damage to all existing improvements, including above ground and underground utilities, trees, shrubbery that is not specifically shown to be removed, fences, signs, mailboxes, survey markers and monuments, buildings, structures, the City’s property, adjacent property, and any other improvements or facilities within or adjacent to the work. If such improvements or property are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition at least as good as the condition they were in prior to the start of the Contractor’s operations.
(b) The Contractor shall adopt all practical means to minimize interference to traffic and public inconvenience, discomfort or damage. The Contractor shall protect against injury to any pipes, conduits or other structures crossing the trenching or encountered in the Work and shall be responsible for any injury done to such pipes or structures, or damage to property resulting therefrom. The Contractor shall support or replace any such structures without delay and without any additional compensation to the entire satisfaction of the Engineer. All obstructions to traffic shall be guarded by barriers illuminated at night. The Contractor shall be responsible for all damage to persons and property directly or indirectly caused by its operations and, under all circumstances, Contractor must comply with the laws and regulations of the State of California relative to safety of persons and property and the interruption of traffic and the convenience of the public within the respective jurisdictions. (c) The Contractor is cautioned that it must replace all improvements in rights-ofway and within the public streets to a condition at least equal to what existed prior to the Contractor’s entry onto the job.
(d) Type and time of construction required at any road subject to interference by the work will be determined by those authorities responsible for maintenance of said road. It shall be the responsibility of the Contractor to determine the nature and extent of all such requirements, including provision of temporary detours as required; however, the construction right-of-way obtained by the City at affected roadways will be adequate for provision of all required detours. As required at any road crossing, the Contractor shall provide all necessary flagpersons, guardrails, barricades, signals, warning signs and lighting to provide for the safety of existing roads and detours. Immediately after the need for temporary detours ceases, or when directed, the Contractor shall remove such detours and perform all necessary cleanup work, including replacement of fences, and removal of pavement. Included shall be all necessary replacement of existing roadway appurtenances, grading work, soil stabilization and dust control measures, as required and directed.
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(e) The Contractor shall examine all bridges, culverts, and other structures over which it will move its materials and equipment, and before using them, Contractor shall properly strengthen such structures where necessary. The Contractor shall be responsible for any and all injury or damage to such structures caused by reason of its operations.

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

5.19. CITY’S REPAIR
In the event the Contractor refuses or neglects to make good any loss or damage for which it is responsible under this Contract, the City may itself or by the employment of others, make good any such loss or damage, and the cost and expense of doing so, including any reasonable engineering, legal and other consultant fees, and any costs of administrative and managerial services, shall be charged to the Contractor. Such costs and expenses may be deducted by the City from claims for payment made by the Contractor for work completed or remaining to be completed.

5.20. ANTITRUST CLAIM ASSIGNMENT
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this contract, the Contractor and all Subcontractors shall offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.

5.21. WAIVER OF RIGHT TO RESCIND FOR MATERIAL BREACH
The Contractor agrees that it can be adequately compensated by money damages for any breach of this Contract which may be committed by the City and hereby agrees that no default, act, or omission of the City or the Engineer, shall constitute a material breach of the Contract entitling the Contractor to cancel or rescind the provisions of this Contract or (unless the City shall so consent or direct in writing) to suspend or abandon performance of all or any part of the Work. The Contractor hereby waives any and all rights and remedies to which it might otherwise be or become entitled, save only its right to money damages.

5.22. CONTRACTOR’S LICENSE NOTICE

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO:
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REGISTRAR CONTRACTORS’ STATE LICENSE BOARD
9821 BUSINESS PARK DRIVE
SACRAMENTO, CALIFORNIA 95827
MAILING ADDRESS:

P.O. BOX 26000
SACRAMENTO, CALIFORNIA 95826

5.23. HISTORICAL, SCIENTIFIC AND ARCHEOLOGICAL DISCOVERIES All articles of historical or scientific value, including but not limited to coins, fossils, and articles of antiquity which may be uncovered by the Contractor during the progress of work, shall become City property. Such findings shall be reported immediately to the Engineer who will determine the method of removal, where necessary, and the final disposition thereof.

5.24. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the Contractor’s bid.
(a) Neither the Contractor nor any Subcontractors shall commence any work until all required insurance has been obtained at their own expense. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A. M. Best’s rating of no less than A-VII.
(b) Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guarantee period. (c) Prior to execution of the Contract, the Contractor shall furnish the City with original endorsements effecting coverage for all policies required by the Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the City. The City may require the Contractor or any Subcontractor to furnish complete certified copies of all insurance policies affecting the coverage required by the Contract. (d) All of the Contractor’s policies shall contain an endorsement providing that written notice shall be given to the City at least sixty (60) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
(e) Any policy or policies of insurance that the Contractor elects to carry as insurance against loss or damage to its construction equipment and tools shall include a provision therein providing a waiver of the insurer’s right to subrogation against the City and the Engineer.
(f) The requirements as to the types, limits, and the City’s approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under the Contract. 149
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(g) In addition to any other remedy the City may have, if the Contractor or any of the Subcontractors fails to maintain the insurance coverage as required in this section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due the Contractor under this Contract. (h) The Contractor and all Subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by the Contractor and all Subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of the Contractor or any Subcontractor to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this contract. (1) Workers’ Compensation and Employer’s Liability Insurance (i) Workers’ Compensation
The Contractor and all Subcontractors shall maintain insurance to protect the Contractor or Subcontractor from all claims under Workers’ Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Workers’ Act. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable State and Federal statutes and regulations. The Contractor shall execute a certificate in compliance with Labor Code section 1861, on the form provided in the Contract Documents. (ii) Claims Against City
If an injury occurs to any employee of the Contractor or any of the Subcontractors for which the employee or its dependents, in the event of its death, may be entitled to compensation from the City under the provisions of the said Acts, or for which compensation is claimed from the City, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by said Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due, the Contractor.
(2) Commercial General and Automobile Liability Insurance The Contractor shall maintain in effect at all times during the performance of the work hereunder not less than the following coverage’s and limits of Commercial General and Automobile Liability insurance:
(i) Form and Amount
The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily injury, personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents or consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence with an aggregate no less than two (2) times the required per occurrence limit applying to bodily injury, personal injury, and property damage, or any combination of the three. Any deductibles must be declared 150
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to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles as respects the entity, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration expenses, and defense expenses. The commercial general and automobile liability insurance coverage shall also include the following:
(ii) Additional Requirements
Provision or endorsement naming the City, the Engineer and its consultants, and each of their officers, employees, and agents, each as additional insured’s with respect to any potential liability arising out of the performance of any work under the Contract, and providing that such insurance is primary insurance as respects the interest of the City and Engineer, and its consultants, and each of their officers, employees, and agents and that any other insurance, risk pool membership, or other liability protection maintained by the City or maintained by the Engineer is excess to the insurance required hereunder, and will not be called upon to contribute to any loss unless and until all limits available under the Contractor ‘s and Subcontractor’s insurance policy/policies have been paid. The additional insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
(iii) “Cross Liability” or “Severability of Interest” clause. (iv) Broad Form Property Damage, Personal Injury, Contractual Liability, Protective Liability, and Completed Operations coverage’s, and elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.
(v) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract, including, without limitation, that set forth in Section 4.02, Indemnity and Litigation Costs.
(vi) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. (vii) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(3) Builder’s Risk or Installation Floater “All-Risk” Insurance. Before commencement of the Work, the Contractor shall submit written evidence that it has obtained for the period of the Contract, Builder’s Risk “All-Risk” Completed Value Insurance and/or Inland Marine “All-Risk” Installation Floater Insurance, as may be applicable, upon the entire project which is the subject of this Contract, including completed work and work in progress. The policy or policies of insurance shall name the Contractor, City, and Engineer as insured’s as their respective interests may appear, and shall include an insurer’s waiver of subrogation rights in favor of each. Such insurance may have a deductible clause, but the amount of the deductible 151
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shall be subject to the approval of the City, except that the deductible on earthquake coverage may be in accordance with the underwriter’s requirements.

5.25. INDEMNITY AND LITIGATION COST
(a) Promptly upon execution of the Contract, the Contractor specifically obligates itself and hereby agrees to protect, hold free and harmless, defend and indemnify the City, the Engineer and its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, which arise out of or are in any way connected with the Contractor’s, or its Subcontractors’ or suppliers’, performance of work under this Contract or failure to comply with any of the obligations contained in the Contract. This indemnity shall imply no reciprocal right of the Contractor in any action on the contract pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Contractor shall apply to any and all acts or omissions, whether active or passive, on the part of the Contractor or its agents, employees, representatives, or Subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project.
(b) In any and all claims against the City, the Engineer and each of their consultants, officers, employees and agents by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workers’ Compensation statutes, disability benefit statutes or other employee benefit statutes.

5.26. PROTECTION OF WORK
(a) The Contractor shall be responsible for the care of all the Work until its completion and final acceptance. The Contractor shall, at its own expense, replace damaged or lost material and repair damaged parts of the Work or the same may be done at the Contractor’s expense by the City and the Contractor and its sureties shall be liable therefor. The Contractor shall make its own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the Work. The Contractor shall take all risks from floods and casualties except as provided by law, and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or other casualties or because of danger from flood or other casualties or for delays from such causes. The Contractor may, however, be allowed a reasonable extension of time on account of such delays, subject to the conditions herein before specified. The Contractor shall not be responsible for the cost, in excess of 5% of the contracted amount, of repairing or restoring damage to the Work, if the damage was proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale or by tidal wave’ s; provided that the Work damaged was built in accordance with accepted and applicable building standards, and the plans and specifications of the City. 152
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(b) Contractor shall effectively secure and protect adjacent property and structures, livestock, crops and other vegetation. If applicable, the Contractor shall open fences on or crossing the right-of-way and install temporary gates of sound construction thereon so as to prevent the escape of livestock. Adjacent fence posts shall be adequately braced to prevent the sagging or slackening of the wire. Before such fences are opened, the Contractor shall notify the owner or tenant of the property and, where practicable, the opening of the fence shall be in accordance with the wishes of said owner or tenant. The Contractor shall be responsible that no loss or inconvenience shall accrue to the owner or tenant by virtue of their fences having been opened or the gate not having been either shut or attended at all times. Where special types of fences are encountered, the Contractor shall install temporary gates made of similar materials and of suitable quality to serve the purposes of the original fences. In all cases where the Contractor removes fences to obtain workroom, the Contractor shall provide and install temporary fencing as required, and on completion of construction shall restore the original fence to the satisfaction of the Engineer. All costs of providing, maintaining and restoring gates and fencing shall be home by the Contractor. The Contractor shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions.
(c) The Contractor shall use extreme care during construction to prevent damage from dust to crops and adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-of-way and take other preventative measures as directed by the Engineer.
(d) The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or its employees in the course of their employment, whether such trespass was committed with or without the consent or knowledge of the Contractor. (e) The Contractor shall see that the Site is kept drained and free of all ground water and any other water, which may impede the progress or execution of the Work. (f) The Contractor shall be responsible for any damage caused by drainage or water runoff from construction areas and from construction plant areas. (g) In an emergency affecting the safety of life, the Work, or adjoining property, the Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act at its discretion to prevent such threatened loss or injury, and the Contractor shall so act without appeal if so instructed or authorized. Any compensation claimed by the Contractor on account of emergency work shall be determined as specified In Section 2.07. Should the Engineer deem an emergency condition to exist, the Contractor shall immediately do those things and take those steps ordered by the Engineer. The decision of the Engineer in this respect shall be final and conclusive. Any claims for compensation made by the Contractor on account of emergency work shall be determined as specified in Section 2.07. (h) Except as provided by Government Code section 4215, the Contractor shall be responsible for the removal, relocation and protection of all public and private utilities, including irrigation facilities in the nature of utilities, located on the site of the construction project if and to the extent that the same are identified in the Contract Documents, and the Contractor shall not be entitled to any extension of time or claim for damages for extra compensation in connection therewith. If and to the extent that such utilities or facilities are not identified in the Contract Documents, as between the Contractor and the City, the City will be responsible for the cost of their removal, relocation or protection, as the case may be, but the Contractor shall perform any 153
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such work in conformance with applicable provisions of Sections 2.06 and 2.07, if so directed by the Engineer. In such situations the Contractor shall not be responsible for delay in completion of the project caused by the failure of the City or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the City in the Contract Documents, the Contractor shall immediately notify the Engineer in writing.
(i) Subject to the provisions of this section, where the Work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the Work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the Work.

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

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

PROGRESS AND COMPLETION OF WORK

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

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

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

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

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

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

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

The Contractor shall notify the Engineer in writing two (2) working days (48 hours) prior to commencement of work on the Project or scheduling work for a Saturday, Sunday, or City 155
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Holiday. Failure to provide said notification will void the City’s obligation to provide inspection.

Any work done in the absence of the City’s Inspector shall be subject to rejection. (b) Completion
All work under this Contract shall be completed within the period of time set forth in the Contract Provisions. The Contract shall be deemed completed when the Engineer has certified the completion of the Project as provided in Section 9.07 of these General Conditions.

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

6.04. DELAY IN THE WORK – TIME EXTENSIONS
The Contractor shall at all times employ such force, plant, materials, and tools as will be sufficient, in the opinion of the Engineer, to prosecute the Work at not less than the rates fixed under the terms of the Contract and to complete the Work thereof within the time limits fixed therein. If the Contractor refuses or fails to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or fails to complete said work within such time, the City may exercise the termination provisions set forth in Section 6.05, below. (a) Excusable Delays. Excusable delays shall be delays in the controlling operation of the Contractor’s work due to strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, or any other act(s) of God beyond the Contractor’s control, or by delay authorized by the City, or by any cause which the City shall decide to justify the delay. Except as provided in Section 6.04(f), below, in the event of an excusable delay, the time of completion shall be extended for such reasonable time as the City may decide. The Contractor’s right to an 156
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extension of time for an excusable delay is expressly subject to Contractor’s giving written notice of such claim within ten (10) days following the date the Contractor knew or should have known of the delay. Failure to give such notice shall be construed as a waiver of such right. It is understood and agreed that extensions of time shall be the Contractor’s sole and exclusive remedy for excusable delays.
(b) Compensable delays. Compensable delays shall be delays in the controlling operating of the Contractor’s work due to acts or neglect of the City, its employees or those under it by contract or otherwise, or by changes ordered in the work. In the event of a compensable delay, the time of completion shall be extended for such reasonable time as the City may decide. In addition, the Contractor may recover its direct costs as provided in Section

6.05. The Contractor’s remedies for compensable delays are expressly subject to Contractor’s giving ten (10) days written notice of such claim from the date the Contractor knew or should have known of the delay. It is understood and agreed that the Contractor’s sole and exclusive remedies for compensable delays shall be an extension of the time and recovery of its direct costs as compensable hereunder, but only in accordance with the provisions of the Contract Documents.
(c) Contractor and City understand and agree that the Contract time for the completion of this project is a very important part of the contract. Extensions of time will only be granted as provided above when events actually cause the Contractor to be delayed in the performance of that schedule activity which is the controlling operation as of the time of the delay. When acts or omissions occur which could cause delay, Contractor will take all reasonable means in order to be able to continue to work as scheduled without any delay, or as short a delay as possible. Additionally, if inclement weather causes accumulation of standing water on the work site or other conditions which might cause delay, Contractor shall take all measures reasonably necessary to permit work to continue as quickly as possible. (d) If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by date substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Adverse weather conditions shall be considered only as those conditions that exceed the average annual number of rain days and rain quantities as established by the Annual Local Climatological Summary and NOAA National Technical Memorandum NWS WR-65 (Revised) as published by the United States Government, National Weather Service, National Climate Center, Asheville, North Carolina. (e) The Engineer shall be responsible for determining when adverse weather conditions result in non-workable days. It shall be the Contractor’s duty to stay informed of such determinations by the Engineer. The Contractor may object to such adverse weather determinations by filing with the Engineer a written notice of objection. The notice of objection shall state the basis of the objection and provide supporting documentation, which substantiates that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. All such notices of objection shall be filed within three (3) days of the day in dispute. It is hereby agreed that the Contractor’s failure to submit a written notice of objection within three (3) days of the Engineer’s adverse weather determination shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise. (f) The Engineer will, within a reasonable period of time, issue a ruling on the Contractor’s notice of objection. All such rulings by the Engineer shall be final, unless the 157
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Contractor files a written protest within fifteen (15) days of the Engineer’s ruling. This protest shall clearly state the basis of the dispute. Such protest will be forwarded promptly to the City, which will issue a decision on each such protest. The City decision will be final. Pending the City decision, the Contractor shall proceed with its work in accordance with the Engineer’s ruling and/or instructions. It is hereby agreed that the Contractor’s failure to file a protest within fifteen days (15) of the Engineer’s ruling shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise.
(g) The number of days that are anticipated to be non-workable due to adverse weather conditions shall be as set forth in Section 4.0 of the Special Conditions. Days deemed non-workable by the Engineer in excess of such anticipated number shall be considered excusable delays.
(h) Unexcused delays shall be delays in the Contractor’s work due to acts or neglect of the Contractor, its employees, Subcontractors or those under it by contract or otherwise. In the event of an unexcused delay, the Contractor expressly agrees that it shall not be entitled to either an extension of time or recovery of its costs.
(i) A request for an extension of time, or the granting of an extension of time, shall not constitute a basis for any claim against the City for additional compensation or damages unless caused by the City or another Contractor employed by the City.

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

6.06. TERMINATION FOR CONVENIENCE
If at any time before completion of the Work, the City determines that it is either impossible or against the interests of the City to complete the Work, or if the Work is stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the City may, upon ten (10) days written notice to the Contractor, discontinue the Work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the Work in such manner, sequence, and at such times as described below. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the Work thus dispensed with, nor any other actually performed up to the time of discontinuance, including any Extra Work ordered by the Engineer to be done, nor for any claim for liquidated damages.
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Termination of the Contract for convenience and the total compensation payable to the Contractor in the event of termination shall be governed by the following:
(a) The Engineer will issue the Contractor a written notice signed by the Engineer, specifying that the Contract is to be terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:
(1) Stop all Work under the Contract except that specifically directed to be completed prior to Acceptance.
(2) Perform Work the Engineer deems necessary to secure the project for termination.
(3) Remove equipment from the site of the Work.
(4) Take such action as is necessary to protect materials from damage. (5) Notify all Subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
(6) Provide the Engineer with an inventory list of all material previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of material not yet used in the Work as directed by the Engineer.

It shall be the Contractor’s responsibility to provide the City with good title to all materials purchased by the City hereunder, including material for which partial payment has been made and with bills of sale or other documents of title for such materials.
(8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for material terminated hereunder.

To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
(10) Take such other actions as the Engineer may direct. (b) Termination of the Contract shall not relieve the Contractor of responsibility for damage to materials except as follows:
(1) The Contractor’s responsibility for damage to materials for which partial payment has been made and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations he or she has directed.
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(2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, he or she will recommend that the Engineer formally accept the Contract, and immediately upon and after such Acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of his or her Contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the Engineer. (c) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
(1) The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general administrative Overhead not to exceed a total of seven (7%) percent of Direct Costs of such Work.
(2) A reasonable allowance for profit on the cost of the Work performed as determined under Section 2.04(a) above, provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that he or she would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed four (4%) percent of said cost.
(3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the Contract.

All records of the Contractor and the Subcontractors, necessary to determine compensation in accordance with this section shall be open to inspection or audit by representatives of the City at all times after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, and such records shall be retained for that period.

After Termination of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled.

All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
(d) The provisions of this section shall be included in all subcontracts.

6.07. TERMINATION FOR DEFAULT
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(a) In the event of any default by the Contractor as described below, the City may, after giving ten (10) days’ written notice to the Contractor, terminate the Contractor’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
(1) Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. (2) Filing of bankruptcy by the Contractor, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Contractor’s insolvency without discharge of the receiver within ten (10) days after its appointment.
(3) Failure to make prompt payments to Subcontractors or suppliers. (4) Persistent disregard of laws, ordinances, or the instructions of the Engineer, or other substantial violation of any provision of the Contract. (b) In the event the right of the Contractor to proceed with the Work, or any portion thereof, has been terminated because of the default of the Contractor and the Contractor has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Contractor and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City. (c) Upon termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Contractor in accordance with the terms of the Contract, then the difference shall be paid to the Contractor in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Contractor would otherwise have been paid, the Contractor and its sureties shall be liable to the City for the full amount of such excess expense.
(d) The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract.

6.08. FAILURE TO TIMELY COMPLETE THE WORK – LIQUIDATED DAMAGES (a) Liquidated Damages
(1) It is agreed by the parties to this Contract that time is of the essence. In the event all the Work is not completed before or upon the expiration of the time limit as set in the Bid, Contract and/or Progress Schedule, or within any time extensions that may have been 161
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granted, damage will be sustained by the City; and that it may be impracticable to determine the actual amount of damage by reason of such delay. Accordingly, it is agreed that the Contractor shall pay to the City as damages the amount set forth for each and every day’s delay in finishing the Work in excess of the number of days specified. Liquidated damages shall be paid at a rate of one thousand dollars ($1,000.00) per day unless otherwise stated in the Contract Documents.

The parties expressly agree that the liquidated damage clause found in the Contract Documents is reasonable under the circumstances existing at the time the Contract was made. The City shall have the right to deduct the amount of liquidated damages from any money due or to become due the Contractor.
(2) In addition, the City shall have the right to charge to the Contractor and to deduct from the final or progress payments for the Work the actual cost to the City of legal, engineering, inspection, superintendence, and other expenses, which are directly chargeable to the Contract and which accrue during the period of such delay, except that the cost of final inspection and preparation of the final estimate shall not be included in the charges. (b) Exclusions
Notwithstanding the provisions of Section 2.06(a), the Contractor shall not be liable for liquidated damages or delays caused by the removal or relocation of utilities when such removal or relocation is the responsibility of the City or the owner of the utility under Government Code section 4215.

6.09. CLEAN-UP
During the progress of the Work, the Contractor shall maintain the Site and related structures and equipment in a clean, orderly condition and free from unsightly accumulation of rubbish. All waste materials shall be removed daily from the Site and disposed of by the Contractor by any proper means at its own expense unless designated otherwise on the plans.

No waste materials shall be placed in the public street right-of-way. Unless otherwise specified, all existing piping, materials and/or equipment removed pursuant to this Contract shall become the Contractor’s property.

Upon completion of the Work and before the final estimate is submitted, the Contractor shall, at its own cost and expense, remove from the vicinity of the Work all plants, buildings, rubbish, unused work materials, concrete forms, and temporary bridging and other like materials, belonging to the Contractor or used under the Contractor’s direction during the construction, and in the event of the Contractor’s failure to do so, the same may be removed by the City after ten (10) calendar days’ notice to the Contractor. Such removal shall be at the expense of the Contractor.

The Contractor shall use care in the removal of materials and equipment so as not to cause damage to existing facilities and structures. Contractor shall assume liability for all such damage. Where the construction has crossed yards or driveways, restoration shall be by the Contractor to the complete satisfaction of the Engineer, at the Contractor’s expense.

The Contractor shall make its own arrangements for the disposal of waste materials. If the Contractor elects to dispose of such materials on private property, Contractor shall obtain written permission from all property owners involved.
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SECTION 7

MEASUREMENT AND PAYMENT

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

7.02. SCOPE OF PAYMENT
(a) The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the Work according to the Specifications and Plans. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.
(b) No compensation will be made in any case for loss of anticipated profits.

Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements.
(c) The Work includes the preparatory work and operations needed for mobilization and demobilization of the Project. The Work, however, does not include establishing the Engineer’s field facility(s) of utility work and connections needed for these facilities.

7.03. PROGRESS ESTIMATE
For each calendar month of Contract work, the Engineer will prepare a progress estimate of all work performed under the Contract. Within the first ten (10) days of each succeeding calendar month, the Engineer will prepare in writing an estimate which in the Engineer’s opinion is a fair approximation of the value of all work done under the Contract, including any amounts due the Contractor for Extra Work and Change Orders. In arriving at the value of the Work done, the Engineer will give consideration to the value of labor and materials which have been incorporated into the permanent work by the Contractor during the preceding 163
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month. Consideration will not be given to preparatory work done or for materials or equipment on hand.

In order to assist the Engineer, the Contractor shall furnish the Engineer with copies of invoices for all such items delivered to the job site.

7.04. PROGRESS PAYMENTS
(a) The City will pay the Contractor ninety-five percent (95%) of the amount of each progress estimate within thirty (30) days after receipt of an undisputed and properly submitted progress estimate from the Contractor, unless the City has made a finding prebid pursuant to Public Contract Code section 7201(b)(4) justifying a larger retention. If the City fails to pay an undisputed progress estimate within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (A) of section 685.010 of the Code of Civil Procedure. Five percent (5%) of the amount of each estimate shall be retained by the City until final completion and Acceptance of all work under the Contract. (b) Upon receipt of a payment request, the City shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the progress estimate is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(c) The number of days available to the City to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (b). (d) The Contractor may, in accordance with the provisions of Public Contracts Code section 22300, substitute securities for any monies which the City may withhold to insure performance under the Contract.
(e) When, in the judgment of the Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Engineer’s judgment the total amount of the Work done since the last estimate amounts to less than one thousand dollars ($1,000.00), no pay estimate will be prepared and no progress payment will be made. (f) No progress estimate or payment shall be considered to be an approval or Acceptance of any work, materials or equipment. Estimated amounts and values of work done and materials and equipment furnished will be conformed with actual amounts and values as they become available in subsequent progress estimates, progress payments and the final estimate and payment. All estimates and payments will be subject to correction in subsequent progress estimates and payments and the final estimate and payment. 164
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(g) It is mutually agreed between the parties to the Contract that no payments made under the Contract, including progress payments and the final payment shall be evidence of the performance of the Contract, either wholly or in part, and no payment shall construed to be an Acceptance of any defective or incomplete work or improper materials.

7.05. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime Contractor or Subcontractor shall pay any Subcontractor not later than seven (7) days of receipt of each progress payment in accordance with the provisions in Section 7108.5 of the California Business and Professions Code concerning prompt payment to Subcontractors. The seven (7) days is applicable unless a longer period is agreed to in writing.

Any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the prime Contractor , deficient subcontract performance, or noncompliance by a Subcontractor. This provision applies to both DBE and non-DBE Subcontractors.

7.06. LIENS AND STOP NOTICES
The Contractor agrees to keep the Work, the site of the Work and all monies held by the City free and clear of all liens and stop notices related to labor and materials furnished in connection with the Work, if permitted by law. Furthermore, the Contractor waives any right it may have to file any type of lien or stop notice in connection with the Work. Notwithstanding anything to the contrary contained in the Contract Documents, if any such lien or stop notice is filed or there is evidence to believe that lien or stop notice may be filed at any time during the progress of the Work or within the duration of this Contract, the City may refuse to make any payment otherwise due the Contractor or may withhold any payment due the Contractor a sum sufficient in the opinion of the City to pay all obligations and expenses necessary to satisfy such lien or stop notice. The City may withhold such payment unless or until the Contractor, within ten days after demand therefor by the City, shall furnish satisfactory evidence that the indebtedness and any lien or stop notice in respect thereof has been satisfied, discharged and released of record, or that the Contractor has legally caused such lien or stop notice to be released of record pending the resolution of any dispute between the Contractor and any person or persons filing such lien or stop notice. If the Contractor shall fail to furnish such satisfactory evidence within ten days of the demand therefor, the City may discharge such indebtedness and deduct the amount thereof, together with any and all losses, costs and damages suffered or incurred by the City from any sum payable to the Contractor under the Contract Documents, including but not limited to final payment and retained percentage. This section shall be specifically included in all Subcontracts and purchase orders entered into by the Contractor.

7.07. FINAL ACCEPTANCE AND DATE OF COMPLETION
Whenever the Contractor shall deem all Work under this Contract to have been completed in accordance therewith, the Contractor shall so notify the Engineer in writing, and the Engineer shall promptly ascertain whether the Work has been satisfactorily completed and, if not, shall advise the Contractor in detail and in writing of any additional work required. When all the provisions of the Contract have been fully complied with, to the satisfaction of the Engineer, the Engineer shall proceed with all reasonable diligence to determine accurately the 165
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total value of all Work performed by the Contractor at the prices set forth in the Contract or fixed by Change Orders, and the total value of all extra work, all in accordance with the Contract.

The Engineer will then certify to said final estimate and to the completion of the Work, and will file copies thereof with the City and the Contractor, and shall cause of Notice of Completion to be filed with the Yolo County Clerk-Recorder . The date of completion shall be the date of filing of the Notice of Completion. All guarantees, warranties, and securities securing said guarantees and warranties, shall commence on said date.

7.08. RIGHT TO WITHHOLD PAYMENTS
(a) In addition to all other rights and remedies of the City hereunder and by virtue of the law, the City may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonably be necessary to protect the City from loss on account of:
(1) Defective work not remedied, irrespective of when any such work be found to be defective;
(2) Claims or liens filed or reasonable evidence indicating probable filing of claims or liens including, but not limited to claims under Sections 1775, 1776, or 1777.7 of the Labor Code;
(3) Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to Subcontractors and/or suppliers; (4) A reasonable doubt that the Work can be completed for the balance then unearned;
(5) A reasonable doubt that the Contractor will complete the Work within the agreed time limits;
(6) Costs to the City resulting from failure of the Contractor to complete the Work within the proper time; or
(7) Damage to work or property.
(b) Whenever the City shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefor will be given the Contractor. After the Contractor has corrected the enumerated deficiencies, the City will promptly pay to the Contractor the amount so withheld. When monies are withheld to protect the City against claims or liens of mechanics, material men, Subcontractors, etc., the City may at its discretion permit the Contractor to deliver a surety bond in terms and amount satisfactory to the City, indemnifying the City against any loss or expense, and upon Acceptance thereof by the City, the City shall release to the Contractor monies so withheld.

7.09. FINAL PAYMENT
Within ten (10) days after the date of completion, the City will file in the Office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. Within sixty (60) days of completion defined in Public Contract Code section 7107, the difference between said final estimate and all payments theretofore made to the Contractor shall be due and payable to the Contractor, subject to any requirements concerning the 166
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furnishings of a maintenance bond, and excepting only such sum or sums as may be withheld or deducted in accordance with the provisions of this Contract. All prior certifications upon which partial Payments may have been made, being merely estimates, shall be subject to correction in the final certificate.

7.10. FINAL RELEASE
Final payment to the Contractor in accordance with the final estimate is contingent upon the Contractor furnishing the City with a signed written release of all claims against the City arising by virtue of the Contract. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release. The release shall be in substantially the form specified in California Civil Code section 8138. 167
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1795423.1 7203-038
PART 3 SUPPLEMENTAL CONDITIONS
(SPECIAL PROVISIONS)
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SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS)
Except as modified by these Supplemental Conditions, the work shall be performed in accordance with Part 3 General Conditions. The numbering of these Supplemental Conditions coincides to the numbering in the General Conditions. The existence of a section in these Supplemental Conditions means that a corresponding section in the General Conditions is modified in some respect. Under these contract documents, Supplemental Conditions and Special Provisions have the same meaning.

The following Supplemental Conditions , if any, shall be used in conjunction with the City of West Sacramento Standard Specifications current edition including Standard Details and all revisions, and the current State of California Department of Transportation (Caltrans) Standard Specifications, in that order.

The following provisions apply to use of or reference to the Caltrans Standard Specifications:

1. None of the “General Provisions” of the Caltrans Standard Specifications, i.e., Sections 1 through 9, applies to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. The City’s “General Conditions” shall govern.

2. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications and a provision of these Contract Documents, the provision in the Contract Documents will govern.

3. Any reference to the “Engineer” in the Caltrans Standard Specifications is deemed to mean “City”, “Owner” or “Architect/Engineer” or Owner’s designated representative.

4. Any reference to the “State” in the Caltrans Standard Specifications is deemed to mean “City” or “Owner.”
City Standard Specifications are available online at:
http://cityofwestsacramento.org/city/depts/comdev/engineering/specs/default.asp Bound hardcopies may be purchased from City Hall at:
1110 West Capitol Avenue, 2nd Floor
West Sacramento, California 95691
or by calling (916) 617-4645 for purchase by mail.

State Standard Specifications are available online at:
http://www.dot.ca.gov/hq/esc/oe/standards.php
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PART 4 TECHNICAL SPECIFICATIONS
The work shall be performed in accordance with the latest edition of the City of West Sacramento Standard Specifications – Division IV: Standard Construction Specifications and Caltrans Standard Specifications 2015, except as modified by these Technical Specifications.

Section numbering of these Technical Specifications does not conform to the City’s Standard Specifications.

Contractor shall provide submittals (shop drawings) for all materials to be installed or used on the project.
[Technical Specifications]
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PART 5 APPENDIX
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PART 6 CONTRACT DRAWINGS
(BOUND SEPARATELY)
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CITY OF WEST SACRAMENTO

ERRATA MEMORANDUM
TO: Mayor Guerrero and City Council Members
FROM: Vince Ramirez, Administrative Analyst II
CC: Aaron Laurel, City Manager
Amanda Berlin, Assistant City Manager
Ariana Adame, Assistant City Manager
Doug Drozd, Deputy City Manager
Jeff Mitchell, City Attorney
DATE: October 1st, 2025
SUBJECT: City Council Meeting Agenda – Item # 6 Emergency Construction Contract – Acco Engineered Systems
This memorandum serves to correct the error on the Agenda Report for Agenda Item # 6 for the October 1st, 2025 City Council Meeting pertaining to the award of a construction contract to Acco Engineered Systems, Inc.

The original Agenda Report notes an incorrect dollar amount of $2,166 in Paragraph 5 under the Recommended Action. The correct value should be $4,332. The corrected language should read as follows:
5) Authorize the City Manager or designee to execute amendments or change orders up to 20% ($4,332) of the contract value.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: October 1, 2025 ITEM # 7
SUBJECT:

CONSIDERATION OF FIRST READING OF ORDINANCE 25-10 AMENDING CHAPTERS 15.12 AND 15.14 OF THE CITY OF WEST SACRAMENTO MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2025 CALIFORNIA

BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Roxanna Recinos-Serna, Chief Building Official
Community Development Department
Bryan Jonson, Fire Marshal
Fire Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is for City Council to conduct the first reading of Ordinance 25-10 which would amend Chapters 15.12 and 15.14 of the City of West Sacramento Municipal Code, related to the 2025 California Building Standards and local amendments. These amendments would clarify the adoption of appendices and obtain final acceptance by the California Building Standards Commission.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the adoption of the 2025 Building and Fire Codes with local amendments is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15308;
2) Waive the first reading, and read by title and number only, Ordinance 25-10 amending Chapters 15.12 and 15.14 of the City of West Sacramento Municipal Code to adopt by reference the 2025 California Building Standards Code with local amendments; and
3) Inform the audience that the second reading and adoption of Ordinance 25-10 is scheduled for November 5, 2025.

BACKGROUND
As part of its periodic review of fire, property and building codes, the California Building Standards Commission published the 2025 California Building Standards Code (California Code of Regulations Title 24) on July 1, 2025.

The 2025 California Building Standards Code (CBC) is based on the 2024 International Building Code (IBC), published by the International Code Council (ICC). The 2025 California Building Standards Code automatically becomes effective in California on January 1, 2026, as published, unless local amendments are adopted by Council prior to January 1, 2026.

ANALYSIS
Every three years, the Title 24 California Building Standards Codes are revised, updated, and published by the California Building Standards Commission to include new construction practices, promote better building performance, and provide improved fire and life safety in buildings. This code shall be the exclusive source of regulations for any owner or authorized agent who intends to construct, enlarge, alter, repair, move, replace, demolish, or change the equipment, change the use and occupancy, change the location, maintain or remove any building, structure or any appurtenances connected or attached to such buildings or structures throughout the City of West Sacramento.

Environmental Considerations
Ordinance 25-10 is exempt from review of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and Section 15308 (Class 8). Class 8 involves actions and procedures taken by regulatory agencies for the maintenance, restoration, or protection of the environment.

Commission Recommendation
This update is not under the purview of City commissions and has not been presented to commissions in past updates.
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October 1, 2025

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