Program and is supported by both the 2020 Urban Water Management Plan and the 2023 Water Master Plan Update.
ANALYSIS
On July 9, 2025, staff issued a Request for Proposals for engineering design services for the Well 22 Rehabilitation Project (25-058-RFP) through the City’s online procurement system, OpenGov, to obtain proposals from engineering firms to conduct surveying, engineering reports preparation, environmental analysis and permitting, public outreach, utility coordination, right-of-way activities, PS&E, and design and support services. After additional outreach, the City received three proposals from the following firms, listed in alphabetical order:
Bennett Engineering
Geosyntec Consultants
Luhdorff & Scalmanini Consulting Engineers, Inc.
The proposals were evaluated by a three-person panel of City staff, consistent with the City’s purchasing policy.
Proposals were evaluated based on qualifications, proven ability, experience, and technical approach. After reviewing Bennett Engineerings’ qualifications, experience, and proposed work plan, the staff selection panel determined that Bennett Engineering has a strong understanding of the work to be performed and is the most qualified firm. The attached contract includes the negotiated scope and fees to complete the scope.
Environmental Considerations
The current action is not subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
Not Applicable
Strategic Plan Integration
Not Applicable
Alternatives
The City Council may choose among the following alternatives:
1) Approve the recommended actions as stated above.
2) Amend the recommended actions.
3) Decline to approve the recommended actions or cancel the project.
Staff recommends Alternative 1 in order to begin the project and keep it on schedule. Alternatives 2 and 3 are not recommended because they would delay the project.
Coordination and Review
This report was prepared by the Capital Projects Department in coordination with the Public Works Department and review by the Finance Department.
Budget/Cost Impact
This project is included in the City’s current Capital Improvement Program (CIP) as CIP 22079: Well 22 Rehabilitation Project. This project is being partially funded through the U.S. Bureau of Reclamation's WaterSMART Drought Response Program Grant (Notice of Funding Opportunity No. R24AS00007). There are currently sufficient funds in this CIP to award the contract to Bennett Engineering. Table 1 provides a breakdown of the current expenses and anticipated costs for this initial phase of design. Table 2 provides the current funding revenue and sources for the project. Additional funds in the amount of $350,000 are requested in Resolution 26- 12 to be transferred from the completed CIP-21025 – W Cap Water Line Replacement Project to nonreimbursable project expenses under the U.S. Bureau of Reclamation's WaterSMART Drought Response Program Grant.
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Table 1. Management, Engineering, and Professional Services Cost Summary Cost Item Amount
Bennett Engineering (Professional Services Contract) $784,828.87 City Staff Time & ICAP (Project Management & Coordination) $150,000.00 10% Contingency $78,482.00
Total Anticipated Project Costs to Date $ 1,013,310.87
Table 2. Project Budget and Cost Status Summary
Project Funding Summary Amount
Federal Funds Awarded (to date) $1,970,734.00
Local Match — Water Fund $1,970,734.00
Local Funds – Water Fund $350,000.00
Total Approved Project Budget $4,291,468.00
Project Cost Status
Anticipated Design Costs (to date) $ 1,013,310.87
Total Funds Remaining $3,278,157.13
ATTACHMENTS
1) Vicinity Map
2) Resolution 26-12
3) CPE24-354 Bennett Engineering Contract
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City of West Sacramento, Yolo County,
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Project Limits
Prepared on
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Department
City of West
Sacramento
Attachment 1
WELL 22 REHABILITATION PROJECT
132
RESOLUTION 26-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
APPROVING A CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET AMENDMENT OF $350,000 TO THE WELL 22 REHABILITATION PROJECT (CIP-22079) WHEREAS, the City of West Sacramento (City) is seeking design and construction support services for the Well 22 Rehabilitation Project. This project is partially funded through the U.S. Bureau of Reclamation's WaterSMART Drought Response Program Grant (Notice of Funding Opportunity No. R24AS00007); and
WHEREAS, on July 9, 2025, staff issued a Request for Proposals for engineering design services for the Well 22 Rehabilitation Project (25-058-RFP) through the City’s online procurement system, OpenGov, to obtain proposals from engineering firms to conduct surveying, engineering reports preparation, environmental analysis and permitting, public outreach, utility coordination, right-of-way activities, PS&E, and design and support services; and WHEREAS, after reviewing Bennett Engineering’s qualifications, experience, and proposed work plan, the staff selection panel determined that Bennett Engineering has a strong understanding of the work to be performed and is the most qualified firm. The attached contract includes the negotiated scope and fees to complete the scope; and WHEREAS, additional funds in the amount of $350,000 are requested in Resolution 26-12 to be transferred from the completed CIP-21025 – W Cap Water Line Replacement Project to non-reimbursable project expenses under the U.S. Bureau of Reclamation's WaterSMART Drought Response Program Grant; 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; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. The City Council hereby approves amendments to the Capital Improvement Program (CIP) for the 2025-26 fiscal year as listed below:
SOURCES
$350,000 507-9621-5530/507-21025-5800 CIP-21025 Project Budget $350,000 TOTAL USES
USES
$350,000 507-9621-5530/507-22079-5800 CIP-22079 Project Budget $350,000 TOTAL USES
2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the West Sacramento City Council this 21st day of January 2026, by the following vote:
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Resolution 26-12
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
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Attachment 2
Bennett Engineering Services
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Expires on 1/21/2029
1 Federal 4/16/2025
CONTRACT FOR SERVICES
THIS CONTRACT is made on January 21, 2026, by and between the CITY OF WEST SACRAMENTO (“City”), and Bennett Engineering Services (“Consultant”).
WITNESSETH:
WHEREAS, the City desires professional engineering services for the Well 22 Rehabilitation Project; and
WHEREAS, the Consultant has presented a proposal for such services to the City, dated August 12, 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 (other than Exhibit F) 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. In the event exists between Exhibit F and the Contract or any other Contract Documents, Exhibit F shall govern.
B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on January 21, 2029.
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 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 seven-hundred eighty-four thousand, eight-hundred twenty-eight dollars and eighty-seven cents ($784,828.87) without City’s prior written approval. All costs must comply with Federal costs principles. 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. 136
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C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.
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. The reuse of any of the materials or documents described in Paragraph 7.A by the City on any other project without the written permission of the Consultant, shall be at the City's sole risk and the City agrees to defend, indemnify and hold harmless the Consultant from all claims, damages and expenses, including attorney's fees, arising out of such unauthorized reuse by the City or by others acting through the City. The Consultant is not responsible and liability is waived by the City as against the Consultant for use by the City or any other person of any data, reports, plans or drawings not signed by the Consultant.
8. COMPLIANCE WITH ALL LAWS:
A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.
Consultant shall assist City in providing the same.
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B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.
C. The work contemplated under this Contract is a public work for the purposes of Labor Code section 1720, and is subject to the payment of prevailing wages. Accordingly, Consultant shall comply with the provisions of Exhibit "E".
9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.
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, 138
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subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
13. MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.
14. LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.
15. INDEMNITY AND LITIGATION COSTS:
Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees or anyone else employed by the Consultant in the performance of professional design services under this agreement, to the extent of the Consultant’s proportionate percentage of fault.
To the extent permitted by Civil Code section 2782.8, for all other claims unrelated to the provision of professional design services, the Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation, which arise out of or are in any way connected with the Consultant’s, or its subcontractors’ or suppliers’, performance under this agreement or failure to comply with any of the obligations contained in the agreement. This indemnity shall imply no reciprocal right of the Consultant in any action on the agreement pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Consultant shall apply to any and all acts or omissions unrelated to the provision of professional design services, whether active or passive, on the part of the Consultant or its agents, employees, representatives, or subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have 139
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been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City.
16. CONSULTANT TO PROVIDE INSURANCE:
A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.
1. Worker’s Compensation and Employer’s Liability Insurance
a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations.
The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.
2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or it’s equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
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i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
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.
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F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.
17. MISCELLANEOUS PROVISIONS:
A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.
B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.
C. This Contract is funded in whole in part through grant funds received under the following grant: Bureau of Reclamation: Reclamation States Emergency Drought Relief (award issued January 8, 2025), the terms of which are incorporated herein. Copies of the Grant and any related materials have been made available to Consultant, and Consultant shall ensure that its performance under this Contract, and that of any subcontractors, conforms to the requirements of the Grant. These requirements include, but are not necessarily limited to, compliance with the terms set forth in Exhibit F.
D. 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.
E. 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.
F. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City: City of West Sacramento
Attn to: Amber Wallace
1110 West Capitol Ave
West Sacramento, CA 95691
Email: [email protected]
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Consultant:
Bennett Engineering Services
Attn to: Michael Massaro, Project Manager, PE
1082 Sunrise Ave, Suite 100
Roseville, CA 95661
Email: [email protected]
G. This Contract shall be interpreted and governed by the laws of the State of California.
H. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.
I. 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.
J. 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
Bennett Engineering Services
By: _________________________
Leo Rubio, PE, President & CEO
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EXHIBIT A
Consultant Proposal/Scope of Work
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Scope p251008-W Sac-Well 22 Rehab Initials _______ Page 1 of 10
SCOPE OF SERVICES - REVISED
Client _________ City of West Sacramento
Consultant _____ BENEN (Bennett Engineering Services Inc) Project ________ Well 22 Rehabilitation
Date __________ October 30, 2025
Consultant’s services shall be limited to those expressly set forth below, and Consultant shall have no other obligations or responsibilities for the Project or to the Client except as agreed to in writing or as provided in this Agreement. All of Consultant’s services in any way related to the Project or Client shall be subject to the terms of this Agreement.
This comprehensive scope ensures the City receives a fully compliant, constructible, and operational groundwater well solution to address critical water supply needs. Initial contract term up to three (3) years, with possible extensions up to a total of five (5) years.
TASK 1. PROJECT MANAGEMENT
Subtask 1.1. Monthly Project Management
_ Monthly invoicing, project status, and schedule updates, and meetings.
Assume 18 months of invoicing and 10 months of design, meetings, and project status reports.
Subtask 1.2. Quality Assurance and Quality Control
_ Quality assurance/quality control of all work products and submittals.
Reviews at Preliminary, 60%, and 100% Design
DELIVERABLES:
- Monthly reports and Invoices
- Schedule Updates
TASK 2. FEASIBILITY ANALYSIS AND CONDITION ASSESSMENT
- Review existing condition assessments and grant documentation (Attachments A– D).
- Recommend and, if necessary, perform additional assessments to determine if rehabilitation is feasible or if a new well is required.
DELIVERABLES:
- Feasibility and condition assessment memorandum
TASK 3. PRELIMINARY WELL DESIGN
Subtask 3.1. Pre-Field Activities
- Perform a limited geologic literature review to aid in evaluating the geologic and hydrogeologic conditions at the site.
- Perform a site reconnaissance to review project limits, determine exploration equipment access, and mark out the proposed exploration location for subsequent utility clearance.
146
Exhibit A: Scope of Services
P25-1008-West Sacramento – Well 22 Rehabilitation
Scope p251008-W Sac-Well 22 Rehab Initials _______ Page 2 of 10 - Notify subscribing utility companies via Underground Service Alert (USA) a minimum of two business days (as required by law) prior to performing exploratory excavations at the site.
- Retain the drilling services of Well Industries, Inc. (dba North State Drilling), a California licensed C-57 water well contractor.
- Retain the services of California Laboratory Services (CLS) for water quality analysis.
- Retain Stewart Well Logging for downhole geophysical logging. - Complete, pay the application fee, and submit the Water Well Permit Application for Yolo County Environmental Health Division (YCEHD). We plan to discharge the extracted groundwater generated during the pumping test to the City sewer.
Therefore, Geocon assumes that it will not be necessary to prepare and file a Notice of Intent (NOI) with the Regional Water Quality Control Board. If Geocon cannot discharge to the sewer and a NOI is required, additional fees will apply.
Subtask 3.2. Exploratory Boring
- Under Geocon's direction, Well Industries will advance a 44-inch diameter borehole to a depth of 50 feet and install 36-diamter conductor casing with
0.375-inch wall thickness. The conductor casing will be grouted in place with 10.3 sack cement slurry.
- After installation of the conductor casing is complete, Well Industries will advance a minimum 17.5-inch diameter borehole beneath the conductor casing from 50 feet to a maximum depth of 800-feet establishing and maintaining a drilling fluid program to maintain borehole stability, transport cuttings to the surface, and mitigate flowing groundwater conditions. Well Industries will use truck mounted reverse mud rotary equipment. Drilling operations will continue 24 hours per day until the target depth is reached.
- Geocon's Professional Geologist will log the drill cuttings using the Unified Soil Classification System (USCS).
- Samples of drill cuttings will be collected at approximate 10-foot depth intervals for soil classification and subsequent lab testing.
- Upon termination of exploratory boring, Stewart Well Logging will complete the following downhole geophysical surveys:
- Spontaneous Potential/ Single point resistance;
- Short/Long normal resistivity;
- Natural Gamma; and
- Caliper Log.
- Geocon's California Certified Hydrogeologist will review the results of the geophysical surveys and the lithological log to identify groundwater-bearing zones with potentially adequate water quality and production capacity.
Subtask 3.3. Zone Testing
- Geocon and Well Industries will select up to five groundwater bearing zones to be isolated and tested, based on the subsurface conditions encountered. - Well Industries will isolate each groundwater zone using filter pack and bentonite and install temporary screened and blank well pipe.
- Well Industries will develop each zone using air lift and/or pumping methods. - If a pump is used for development, Geocon will monitor drawdown and discharge rates.
147
Exhibit A: Scope of Services
P25-1008-West Sacramento – Well 22 Rehabilitation
Scope p251008-W Sac-Well 22 Rehab Initials _______ Page 3 of 10 - Geocon will monitor water quality parameters including temperature, pH, electric conductivity, total dissolved solids, and turbidity were collected periodically during development.
- Geocon will collect a groundwater sample from each zone after water quality parameters are stabilized (per EPA guidance).
- Groundwater samples will be collected in laboratory-supplied containers and submitted to CLS in a cooler with ice under standard chain of custody protocol. - CLS and/or their subcontracted laboratories will analyze each groundwater sample for the following analysis:
_ Standard minerals (bromide, calcium, magnesium, potassium, sodium, chloride, sulfate, fluoride, total alkalinity, bicarbonate alkalinity, carbonate alkalinity, and hydroxide alkalinity) by American Public Health Association / United States Environmental Protection Agency (USEPA) methods; _ Total dissolved solids by Standard Method (SM) 2540C; _ Nitrate as Nitrogen by USEPA Test Method 300;
_ Nitrite as Nitrogen by USEPA Test Method 300;
_ Total Kjeldahl nitrogen by SM4500NH3;
_ Ammonia by SM4500NH3 F 1997;
_ Total nitrogen by calculation;
_ pH by SM 4500H+B Test Method
_ Total and dissolved drinking water metals (aluminum, antimony, arsenic, barium, beryllium, boron, cadmium, chromium, copper, iron, lead, manganese, mercury, nickel, selenium, silver, thallium, vanadium, and zinc) by USEPA Test Method 200 series methods;
_ Total and dissolved arsenic, cobalt, and molybdenum by USEPA Test Method 200 series methods;
_ Hexavalent chromium by USEPA Test Method 218.6;
_ Ferric and ferrous iron by USEPA Test Method 6010B and Standard Method (SM) 3500 Fe-D.
_ Volatile Organic Compounds (VOCs) by EPA Test Method 504.1 and 524.2; _ USEPA Test Method 8260B may be used as supplemental analysis if lower detection limits are needed.
_ Semi-Volatile Organic Compounds (SVOCs) by EPA Test Method 507; _ USEPA Test Methods 608.3, 8081A, 8082, 8141A, 8151, and 8270C may also be used as supplemental analysis if lower detection limits are needed. _ Perchlorate by USEPA Test Method 314.0.
_ Cyanide by SM 4500
_ Chlorophenoxyacid herbicides by USEPA Test Method 8151A; _ Organochlorine pesticides by USEPA Test Method 8081A; _ Thiobencarb by USEPA Test Method 507;
_ Silica by USEPA Test Method 200.7;
_ Langlier Index by SM 203;
_ Asbestos (chrysotile) structure >10 micrometers in Drinking water by USEPA Test Method 100.2; and
_ Uranium, gross alpha, gross beta, radium-226 & radium 228, strontium90, and tritium by APHA/EPA methods - Lab analysis will be conducted using standard turnaround time (10 working days for non-radiological analysis, 35 days for radiological). 148
Exhibit A: Scope of Services
P25-1008-West Sacramento – Well 22 Rehabilitation
Scope p251008-W Sac-Well 22 Rehab Initials _______ Page 4 of 10 - Representative soil samples from each groundwater zone will be submitted to Geocon's geotechnical laboratory for grain size analysis by American Society for Testing and Materials (ASTM) D422 and D1140.
- After the final zone test is completed, Well Industries will backfill the remaining borehole with bentonite and secure lid onto the 36-inch diameter conductor casing.
Subtask 3.4. Analysis and Reporting
Upon completion, Geocon will prepare a summary report which will include the following:
- Recommended well construction specifications;
- Water quality evaluation to comply with California Code of Regulation Title 22 Chapter 15;
- Water blending analysis;
- General geological and hydrological information;
- General groundwater chemistry evaluation with a comparison to existing wells in City's public water system and/or the Groundwater Sustainability Agency's monitoring wells;
- Estimating a potential well yield;
- Analysis of potential impact of a new water supply against the Sustainable Groundwater Management Criteria as described in Yolo Subbasin Groundwater Agency's 2022 Groundwater Sustainability Plan adopted January 24, 2022.
Subtask 3.5. Well head Treatment Memorandum and Site Plan - BENEN will develop a site plan and size filter treatment systems as required based on the water quality results of task 3.4. Memorandum with include a preliminary design opinion of probable construction cost.
DELIVERABLES:
- Basis of design and preliminary design documents
- Geotechnical Summary Report
ASSUMPTIONS:
- The City will prepare the site prior to the mobilization of the drill rig to the driller’s specifications, which includes a level drill pad, clear overhead access, and clear access path.
- The area of disturbance for each drill site will be less than 1 acre, so that compliance with the Construction General Storm Water Permit is not required and preparation of a Storm Water Pollution Prevention Plan (SWPPP) is unnecessary. - The City will provide water required for driller services. - The City will be responsible for site restoration.
- Drilling mud and discharged water from zone testing can be discharged to City sewer. Alternatively, we can discharge to land with a permit from the Central Valley Regional Water Quality Control Board for an additional fee. - Drill cuttings can be spread on-site or reused by the City. Our proposal does not include containerization or disposal of drill cuttings. - We assume sound attenuation devices are not required for drilling activities. We can provide sound attenuation devices for an additional fee, if needed. 149
Exhibit A: Scope of Services
P25-1008-West Sacramento – Well 22 Rehabilitation
Scope p251008-W Sac-Well 22 Rehab Initials _______ Page 5 of 10 - Drilling and zone testing will be a continuous operation, 24 hours per day, including weekends, if necessary. Geocon will provide the appropriate field staff for oversight during daytime shift hours only.
TASK 4. DESIGN SERVICES
Prepare exhibits and memos to facilitate design and construction, including:
- Utility Coordination: Notify and coordinate with all utility companies, resolve conflicts, and design necessary relocations.
- Plans and Specifications: Develop 60% and 100% design plans, specifications, and cost estimates using City standards. Include technical specifications for drilling, sampling, and environmental compliance.
Subtask 4.1. Topographic and Right-of-Way Mapping
- Conduct all necessary surveys, verify property lines, and obtain title reports for property research and mapping.
- UNICO will provide the following services necessary to complete its portion of the project.
- Topographic Surveying and Right of Way Mapping
- Topographic Surveying and Mapping - UNICO will perform design level topographic surveys of the full Project area. UNICO will perform conventional (non-aerial) field surveying and will locate and map all topographic features necessary to complete the design and construction. Items located will include, but are not limited to, ground surface, pavement, concrete, drainage, existing well features and apparatus, driveways, utilities, utility paint markings (by others), electrical, fences, trees, and roadway improvements for conforms.
Measurements to all sewer and storm drain structures will be performed to include approximate pipe size, invert, and direction. UNICO will map all topographic features in an AutoCAD base file to include mapping, 1' contours and digital surface. UNICO will set durable control points to be preserved for utilization of surveys and for future construction control. UNICO will base its survey on approved City of West Sacramento State Plane Coordinates, NAD83 and NGVD29 elevations, per City of West Sacramento Survey Control Network. - Right of Way Mapping - UNICO will search for and locate right of way and property monuments to resolve and map the right of way and property boundary.
Right of Way will be mapped from readily available recorded documents such as subdivision maps, records of surveys, parcel maps, and deeds. UNICO will request City to provide a current title report to confirm and map all title exceptions such as easements, dedications, or other boundary constraints. Field surveys will be performed to search and locate monuments of record such as monument wells, iron pipes, spikes, and other record monuments. All survey monuments that are discovered and may be compromised by the project will be surveyed and mapped for incorporation into the design plan set as part of future monument perpetuation.
- Data Collection and Review: Review all existing project data, identify special conditions, and determine permitting agency requirements. 150
Exhibit A: Scope of Services
P25-1008-West Sacramento – Well 22 Rehabilitation
Scope p251008-W Sac-Well 22 Rehab Initials _______ Page 6 of 10 Subtask 4.2. 60% Plans and Estimate
_ BENEN will prepare plans for new well, filter treatment, chlorine addition, pump to waste, backwash to sewer, water tank connection, electrical instrumentation and controls, and existing Well-22 abandonment per state and local requirements.
Subtask 4.3. 100% Plans, Specifications, and Estimate
_ BENEN will prepare plans, specifications and estimate for new well, filter treatment, chlorine addition, pump to waste, backwash to sewer, water tank connection, electrical instrumentation and controls, and existing Well-22 abandonment per state and local requirements.
DELIVERABLES:
- 60% and 100% design plans, specifications, and cost estimates - AutoCAD Topographic and Right of Way Base File
- Point Files
- Record Maps and Deeds
TASK 5. BIDDING SERVICES
Assist the City during bidding, including:
- Coordinating with City to list contract documents.
- Conduct pre-bid meetings and field visits.
- Preparing and responding to RFIs and addenda.
- Reviewing bids for completeness and providing an Engineer’s Recommendation for Award.
DELIVERABLES:
- Bidding phase support documents (RFIs, addenda, bid review) TASK 6. DESIGN SUPPORT DURING CONSTRUCTION
- Attend preconstruction meetings, respond to RFIs, issue design modifications, and review shop drawings/change orders.
- Prepare record drawings based on as-built changes and participate in final inspection and punch list preparation.
- Submit digital record drawings to the City.
DELIVERABLES:
- Construction support (RFIs, design clarifications, record drawings) - All digital files and final record drawings
ASSUMPTIONS:
- 25 submittals, 10 RFIs, 5 design clarifications, 1 set of record drawings + digital. - Attendance at pre-con meeting and 4 construction meetings TASK 7. FEDERAL FUNDING AND GRANT COMPLIANCE
- Ensure compliance with all federal, state, and local laws, including prevailing wage, anti-lobbying, and procurement requirements.
- Adhere to all terms of the WaterSMART grant and provide required documentation and certifications.
151
Exhibit A: Scope of Services
P25-1008-West Sacramento – Well 22 Rehabilitation
Scope p251008-W Sac-Well 22 Rehab Initials _______ Page 7 of 10 DELIVERABLES:
- Exhibits and summaries to assist the City in maintaining compliance with WaterSMART grant.
TASK 8. ENVIRONMENTAL PERMITTING SUPPORT
Subtask 8.1. Biological Resources Assessment
- ECORP will conduct a Biological Resources Assessment (BRA) to provide data and information needed to support preparation of the CEQA documentation for the Project. ECORP will complete a literature review and reconnaissance-level field investigation. During the literature review, ECORP will evaluate available information for the Study Area, including previous biological studies (if any), aerial imagery, topographic mapping, soil survey mapping, and National Wetland Inventory mapping. ECORP will conduct database queries of the California Department of Fish and Wildlife (CDFW), California Natural Diversity Database (CNDDB), California Native Plant Society (CNPS), and U.S. Fish and Wildlife Service (USFWS) to identify special-status species with potential to occur in the Study Area.
- Based on the information collected during the literature review, ECORP will conduct a reconnaissance-level site investigation of the Study Area. During the site investigation ECORP will characterize vegetation and evaluate potential habitat suitability for special-status species. If special-status species or other sensitive biological resources are observed, their locations will be recorded and mapped using a Global Positioning System (GPS) device. ECORP will characterize and map vegetation communities and land cover types present onsite, and aquatic resources (as identified under the Aquatic Resources Delineation to be completed in subtask 8-2).
- The findings will be incorporated into a BRA report, including relevant regulatory requirements and the methods and results of the literature and field investigation. The report will include a list of special-status species identified through the literature review, an assessment of their potential to occur onsite, and a discussion of other sensitive biological resources found onsite, as applicable. Potential impacts to biological resources will be assessed using the California Environmental Quality Act (CEQA) Appendix G Checklist. As part of the BRA, ECORP will also identify the likely required permits and approvals to implement the Project design and construct the Project.
DELIVERABLES:
• Draft and Final BRA in electronic format will be provided to the Client. One round of revisions is included.
ASSUMPTIONS:
• This scope assumes one site visit to be conducted in conjunction with the site visit for Subtask 8-2.
• This task does not include an aquatic resources delineation meeting U.S. Army Corps of Engineers standards (see subtask 8-2), protocol-level special-status species surveys, or coordination with regulatory agencies regarding findings. • The scope assumes report deliverables will be provided to the Client in electronic format and includes one round of revisions. If additional revisions are needed, a contract amendment may be required.
• Schedule:
152
Exhibit A: Scope of Services
P25-1008-West Sacramento – Well 22 Rehabilitation
Scope p251008-W Sac-Well 22 Rehab Initials _______ Page 8 of 10 • ECORP will submit the deliverable to the Client within 60 calendar days of the receipt of a notice to proceed and all required data needs. ECORP will strive to provide the deliverable sooner than anticipated but reserves the right to use the entire timeframe specified herein, subject to the stated assumptions.
Subtask 8.2. Aquatic Resources Delineation
• ECORP will conduct an Aquatic Resources Delineation (ARD) for the Study Area in accordance with the methodology outlined in the U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual (Environmental Laboratory 1987), the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Arid West Region Supplement Version 2.0; USACE 2008a), and A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States (USACE 2008b), as well as in accordance with the State Water Resources Control Board State Wetland Definition and Procedures for Discharges of Dredges or Fill Material to Waters of the State (adopted April 2, 2019). Prior to conducting fieldwork, ECORP will review existing available information for the Project, including National Wetland Inventory mapping, U.S. Geological Survey topographic mapping, aerial imagery (recent and historic), soil surveys, and other publicly available data. • ECORP wetland scientist(s) will investigate the Study Area to identify and map all aquatic resources present within the Study Area. Potential Waters of the U.S. and/or State, including wetlands, will be mapped in the field using a GPS unit capable of submeter accuracy (e.g., Geode) and/or geo-rectified aerial photography. Indicators of the ordinary high-water mark (OHWM) and paired sample point data of vegetation, soils, and hydrology will be used as needed to support the determination of aquatic resource boundaries. Munsell Soil Color Charts (Munsell Color 2009) and the Web Soil Survey (NRCS 2025) will be used to aid in identifying hydric soils in the field. The Jepson eFlora 2025 edition and the USACE National Wetland Plant List (USACE 2022) will be used for plant nomenclature and identification.
• An ARD report will be prepared that describes the methods and results of the field investigation and literature review, including a map of all aquatic resources identified within the Study Area. The ARD report will be formatted in accordance with the USACE's Recommended Minimum Standards for Aquatic Resource Delineation Reports (USACE 2025). GIS shapefiles will be prepared for transmittal and use by the USACE.
DELIVERABLES:
• Draft and Final versions of the ARD Report in electronic PDF format.
ASSUMPTIONS:
• This scope assumes one site visit to be conducted in conjunction with the site visit for Subtask 8-1.
• This scope is based upon the assumption that routine aquatic resources delineation methods can be used. If the site has been altered to the extent that routine methodology is no longer applicable, a contract change order may be required.
• One draft report will be provided to the Client and includes one round of revisions. If additional revisions are needed, a change order may be required. • Schedule:
153
Exhibit A: Scope of Services
P25-1008-West Sacramento – Well 22 Rehabilitation
Scope p251008-W Sac-Well 22 Rehab Initials _______ Page 9 of 10 • ECORP will submit the deliverable to the Client within 60 calendar days of the receipt of a notice to proceed and all required data needs. ECORP will strive to provide the deliverable sooner than anticipated but reserves the right to use the entire timeframe specified herein, subject to the stated assumptions.
Subtask 8.3. Historic Resources Inventory Report
- ECORP will conduct a cultural resources inventory of the Project Area as described above. The cultural resources inventory will be conducted under the direct supervision of a Registered Professional Archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for prehistoric and historic archaeology. This study will be conducted pursuant to compliance with the CEQA and Section 106 of the National Historic Preservation Act. - The scope of work for the cultural resources inventory includes a records search of the California Historical Resources Information System (CHRIS) and literature review for the Project Area. ECORP will request a records search of the CHRIS from the Northwest Information Center (NWIC) located at California State University-Sonoma. The CHRIS records search will identify the locations and extent of previous surveys conducted within 0.5 miles of the Project Area and will determine if there are any known cultural resources (i.e., pre-contact [prehistoric] or historic archaeological sites or historic-period features) located within or near the Project Area. In addition, the records search will identify resources listed on or determined eligible for listing on the National Register of Historic Places (NRHP) and/or the California Register of Historical Resources (CRHR) located within or near the Project Area.
- ECORP will also request a search of the Sacred Lands File from the NAHC. The Sacred Lands File search will identify any known sensitive or sacred Native American resources located within or near the Project Area. It should be noted that the Sacred Lands File search will not constitute consultation in compliance with Senate Bill (SB) 18, Assembly Bill (AB) 52, or Section 106 of the National Historic Preservation Act (NHPA). SB 18, AB 52, and Section 106 consultation are separate processes from cultural resources technical studies and are not included in this scope of work.
- ECORP will complete an intensive field survey of the Project Area using pedestrian transect intervals spaced between 10 to 15 meters apart, where possible. An ECORP archaeologist will closely examine the Project Area for surface evidence of cultural materials, including pre-contact and historic-period (i.e., over 50 years of age) cultural deposits and features. ECORP assumes no resources will be recorded within the Project Area as a result of the field survey.
If any resources are identified in the Project Area, they will be documented and mapped in detail in accordance with the standards of the California Office of Historic Preservation (OHP).
- The Bureau of Reclamation will be reviewing the document, so the report will need to address all objects on the property. While there are no structures that are more than 50 years old, the Bureau of Reclamation requires that each structure be evaluated for the NRHP to see if would become eligible when the structure reaches that 50-year-old mark. Based on the nature of the structures in the Project Area, this evaluation should one be a cursory review. - ECORP will prepare a historic resources inventory report that documents the methods and results of the CHRIS records search, Sacred Lands File search, field survey, and the evaluation of modern structures. The report will include a brief 154
Exhibit A: Scope of Services
P25-1008-West Sacramento – Well 22 Rehabilitation
Scope p251008-W Sac-Well 22 Rehab Initials _______ Page 10 of 10 summary of the environmental setting and cultural background of the Project Area, will describe any cultural resources within the Project Area in detail. The report will also present recommendations for further work, if needed. All correspondence with the NAHC will be provided as an attachment to the report. If cultural resources are identified inside the Project Area as part of the inventory, the report will provide brief descriptions only and ECORP will provide a contract amendment proposal to record, map, and evaluate their significance under state and federal law.
DELIVERABLES:
• Historic Resources Inventory Report
SCHEDULE:
• ECORP will submit the deliverable to the Client within 90 calendar days of the receipt of a notice to proceed and all required data needs. This schedule may be affected and/or delayed by third parties, including the California Historical Resources Information System, or if the data specified below are not provided at the time of contract execution. ECORP will strive to provide the deliverable sooner than anticipated but reserves the right to use the entire timeframe specified herein, subject to the stated assumptions.
DATA NEEDS:
• In order to submit a deliverable under the schedule provided above, ECORP will require receipt of the following information:
• Project description: the client (or its Agent) will provide a written description of the project, including a description of the depths of disturbance and type of activity being proposed, to the level of detail known at the time of contract execution.
Subtask 8.4. Technical Assistance/Client Requests
• During the course of the project, as needed, ECORP will attend project meetings or conference calls with the client and project planning team and/or lead agencies, provide general technical support, prepare project status reports and updated schedules, and maintain appropriate communication with the client, team members, and subconsultants. This is an as-needed task, billed as time and materials. If the number or type of requests for out-of-scope assistance exceeds what can be accommodated by this budget, based on a best-efforts basis, then a contract amendment would be needed to respond.
155
Bennett Engineering Services
CPE25-343 – Well 22 Rehabilitation
Expires on 1/21/2029
EXHIBIT B
Schedule of Performance
Contract Start Date 1/21/2026
Contract End Date 1/21/2029
156
BENEN | CITY OF WEST SACRAMENTO ___ 40
PROJECT SCHEDULE
ID Task
Mode
Task Name Duration Start Finish
1 NTP 0 days Wed 10/1/25Wed 10/1/25
2 Task 1 - Project Management 200 daysWed 10/1/25Tue 7/7/26 3 1.1 - Monthly PM 180 daysWed 10/1/25Tue 6/9/26
4 1.2 - QA/QC 180 daysWed 10/29/25Tue 7/7/26
5 Condition Memo 2 days Wed 10/29/25Thu 10/30/25
6 60% P&E 5 days Fri 5/8/26 Thu 5/14/26
7 100 % PS&E 3 days Fri 7/3/26 Tue 7/7/26
8 Task 2 - Feasibility Analysis and Condition Assessment32 days Wed 10/1/25Thu 11/13/25 9 2.1 - Feasibility and Condition Assessment Memo 20 days Wed 10/1/25Tue 10/28/25 10 CITY REVIEW 10 days Fri 10/31/25 Thu 11/13/25
11 Task 3 - Preliminary Well Design 80 days Fri 11/14/25 Thu 3/5/26 12 3.1 - Pre-field Activities 20 days Fri 11/14/25 Thu 12/11/25 13 3.2 - Exploratory Boring 5 days Fri 12/12/25 Thu 12/18/25 14 3.3 - Zone Testing 5 days Fri 12/19/25 Thu 12/25/25
15 3.4 - Analysis and Reporting 25 days Fri 12/26/25 Thu 1/29/26 16 3.5 - Well Head Treatment Memorandum and Site Plan 15 days Fri 1/30/26 Thu 2/19/26 17 CITY REVIEW 10 days Fri 2/20/26 Thu 3/5/26
18 Task 4 - Design Services 195 daysWed 10/29/25Tue 7/28/26 19 4.1 - Topographic and Right-of-way Mapping 30 days Wed 10/29/25Tue 12/9/25 20 4.2 - 60% Plans and Estimate 45 days Fri 3/6/26 Thu 5/7/26 21 CITY REVIEW 15 days Fri 5/15/26 Thu 6/4/26
22 4.3 - 100% PS&E 20 days Fri 6/5/26 Thu 7/2/26
23 CITY REVIEW 15 days Wed 7/8/26 Tue 7/28/26
24 Task 5 - Bidding Services 50 days Wed 8/5/26 Tue 10/13/26 25 5.1 - Bidding Services 50 days Wed 8/5/26 Tue 10/13/26 26 Task 6 - Design Support During Construction 60 days Wed 11/11/26Tue 2/2/27 27 6.1 - Submittals, RFI's, DC's, and Meetings 60 days Wed 11/11/26Tue 2/2/27 28 Task 7 - Federal Funding annd Grant Compliance 140 daysFri 11/14/25 Thu 5/28/26 29 7.1 - WaterSMART Grant Support 140 days Fri 11/14/25 Thu 5/28/26 30 Task 8 - Environmental Permitting - OPTIONAL 5 days Wed 7/29/26Tue 8/4/26 31 8.1 - Categorical Exemption Support 5 days Wed 7/29/26Tue 8/4/26 10/1
9/149/21 9/2810/510/1210/1910/2611/211/911/1611/2311/3012/712/1412/2112/28 1/4 1/111/18 1/25 2/1 2/8 2/152/22 3/1 3/8 3/153/223/29 4/5 4/124/19 4/26 5/3 5/105/17 5/245/31 6/7 6/146/216/28 7/5 7/127/197/26 8/2 8/9 8/16 8/238/30 9/6 9/13 9/209/2710/410/1110/1810/2511/1 11/811/1511/2211/2912/612/1312/2012/271/3 1/10 1/171/241/31 2/7 2/14 September October November December January February March April May June July August September October November December January February Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
City of West Sacramento
Well 22 Rehabilitation Project
Project: p251008_Project Sched
Date: Mon 8/11/25
157
Bennett Engineering Services
CPE25-343 – Well 22 Rehabilitation
Expires on 1/21/2029
EXHIBIT C
Schedule of Fees
158
City of West Sacramento 25-058-RFP
Attachment A: Fee Table
.
Engineer 9, Michael
Massaro
Engineer 8, Stacey
Lynch
Engineer 6, Staff -
TBD
Engineer 5, Kati
Sethares
Engineer 1, Staff -
TBD
Designer/Tech 6,
Dave Settles
Designer/Tech 1,
Staff - TBD
Labor Cost
Without Esc.
ECORP
. $274.81 $250.40 $199.97 $165.87 $109.21 $202.59 $70.99
1.1 30 26 56 $12,556.70 $12,556.70 $12,556.70
1.2 20 8 28 $6,628.65 $6,628.65 $6,628.65
30 20 26 8 84 $19,185.34 $19,185.34 $19,185.34
2.1 8 24 8 16 56 $10,294.36 $10,294.36 $10,294.36
8 24 8 16 56 $10,294.36 $10,294.36 $10,294.36
3.1 2 4 6 $1,213.08 $1,213.08 $12,161.08 $13,374.16
3.2 4 2 6 $881.89 $881.89 $275,961.35 $276,843.24
3.3 2 2 2 6 $1,099.77 $1,099.77 $199,793.68 $200,893.45
3.4 2 4 2 8 $1,431.50 $1,431.50 $21,760.72 $23,192.22
3.5 12 48 50 30 140 $18,849.51 $18,849.51 $18,849.51
18 62 56 30 166 $23,475.75 $23,475.75 $509,676.83 $533,152.58
4.1 2 4 4 10 $1,578.94 $1,578.94 $14,015.68 $15,594.62
4.2 48 100 150 20 60 378 $54,470.23 $54,470.23 $54,470.23
4.3 32 80 100 16 40 268 $39,065.28 $39,065.28 $45,920.00 $84,985.28 80 182 254 40 100 656 $95,114.44 $95,114.44 $45,920.00 $14,015.68 $155,050.12
5.1 8 8 4 20 $3,962.23 $3,962.23 $3,962.23
8 8 4 20 $3,962.23 $3,962.23 $3,962.23
6.1 20 28 20 68 $12,324.62 $12,324.62 $2,445.72 $14,770.34 20 28 20 68 $12,324.62 $12,324.62 $2,445.72 $14,770.34
7.1 16 16 10 42 $9,255.04 $9,255.04 $9,255.04
16 16 10 42 $9,255.04 $9,255.04 $9,255.04
8.1 $9,401.97 $9,401.97
8.2 $8,105.15 $8,105.15
8.3 $12,319.82 $12,319.82
8.4 12 18 30 $6,283.26 $6,283.26 $2,593.65 $8,876.91
12 18 30 $6,283.26 $6,283.26 $32,420.59 $38,703.85
12 18 30 $6,283.26 $6,283.26 $38,703.85
. 192 20 16 358 342 64 130 1,122 $179,895.05 $179,895.05 $512,122.55 $45,920.00 $14,015.68 $32,420.59 $784,373.87 $455.00
TOTAL PROJECT COST $784,828.87
OTHER DIRECT COSTS (see attached sheet)
LABOR COSTS
Task 1
Task 1 - Project Management
Monthly Project Managememt
Quality Assurance and Quality Control
Bennett Engineering Services
TASK HOURS
Subtotal Task 1
Task 2
Task 2 - Feasibility Analysis and Condition Assessment
Analysis and Condition Assessment
Subtotal Task 2
Task 3
Task 3 - Preliminary Wall Design
Pre-field Acdtivities
Exploratory Boring
Zone Testing
Analysis and Reporting
Well Head Treatment Memo and Site Plan
Task 4 - Design Services
Topographic and Right-of-Way Mapping
60% Plans and Estimate
100% Plans and Estimate
Subtotal Task 3
Task 4
Subtotal Task 4
Task 5
Task 5 - Bidding Services
Bidding Services
Subtotal Task 5
Task 6
Task 6 - Design Support During Construction
DSDC - Meetings, Submittals, RFI's, DC's
Subtotal Task 6
Task 7
Task 7 - Federal Funding and Grant Compliance
Compliance Support
Subtotal Task 7
Task 8
Task 8 - Environmental Permitting
Biological Resources Assessment
Aquatic Resources Delineation
Historic Resources Inventory Report
Technical Assistance/Client Requests
Total Task 8
Subtotal Task 8
TOTAL DIRECT LABOR HOURS
TASK COSTS
GEOCON
A T.E.E.M.
UNICO
Subconsultants
Engineering Design Services for Well 22 Rehabilitation
159
Cost Proposal
Consultant: X Prime Consultant Subconsultant 2nd Tier Subconsultant Project No. Date: 11/4/2025
Direct Labor
192.0 $19,324.80
20.0 $1,834.20
16.0 $1,171.84
358.0 $21,748.50
342.0 $13,680.00
64.0 $4,748.80
130.0 $3,380.00
1,122.0 $65,888.14
LABOR COSTS
a) Subtotal Direct Labor Costs $65,888.14
b) Anticipated Salary Increases (Note 3)
Optional Anticipated Salary
INDIRECT COSTS
d) Fringe Benefits (Rate): 89.54% e) $58,996.24
f) Overhead (Rate): 58.67% g) $38,656.57
h) i)
FIXED FEE k) 10%
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost
$0.700
COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed
Bennett Engineering Services
Engineer 9 Michael Massaro $100.65
Engineer 8 Stacey Lynch $91.71
25-058-RFP Contract No.
Classification/Title Name Hours Actual Hourly
Rate Total
Engineer 1 Staff - TBD $40.00
Designer/Tech 6 Dave Settles $74.20
Engineer 6 Staff - TBD $73.24
Engineer 5 Kati Sethares $60.75
Engineer 9 Staff - TBD $100.65
Engineer 8 Staff - TBD $91.71
Designer/Tech 1 Staff - TBD $26.00
Engineer 10 Staff - TBD $133.20
Engineer 5 Staff - TBD $60.75
Engineer 4 Staff - TBD $55.84
Engineer 7 Staff - TBD $86.10
Engineer 6 Staff - TBD $73.24
Engineer 1 Staff - TBD $40.00
Engineer 3 Staff - TBD $47.04
Engineer 2 Staff - TBD $43.94
Total
c) TOTAL DIRECT LABOR COSTS [(a)+(b)] $65,888.14
$97,652.81
TOTAL FIXED PROFIT $16,354.10
Description Quantity Unit Total
Total Fringe Benefits [(c) × (d)]
Overhead [(c) × (f)]
General and Administrative (Rate): Gen & Admin [(c) × (f)] j) TOTAL INDIRECT COSTS [(e) +(g) + (i)]
Overnight Mail Service EA
Personal Vehicle 650 Mile $455.00
Traffic Counts EA
U.S. Mail EA
Research Fee EA
Records Search EA
Per Diem Day
Permit Fees EA
Base Project ODC's Subtotal $455.00
Tolls & Parking EA
l) TOTAL OTHER DIRECT COSTS $455.00
Optional ODC's Subtotal
□ □ □
160
m) SUBCONSULTANT'S COSTS (add additional pages if necessary) $512,122.55
$45,920.00
$14,015.68
$32,420.59
$604,478.82
NOTES:
Subconsultant 1: GEOCON CONSULTANTS, INC.
Subconsultant 4: ECORP Consulting, Inc.
m) TOTAL SUBCONSULTANT'S COSTS
Subconsultant 2: A T.E.E.M. ELECTRICAL ENGINEERING, Inc.
Subconsultant 3: UNICO Engineering
5. Pre-approved actual costs are competitive prices from appropriate vendors in their respective industries, and supported by receipts.
All costs must comply with the Federal Cost Principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognized agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
4. Pre-approved travel and per-diem costs will be reimbursed in conformance with the current Department of Transportation Travel and Expense Guide for Consultants.
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $604,933.82 TOTAL COST [(c) + (j) + (k) + (n)] $784,828.87
1. Key Personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). 161
Cost Proposal
Consultant Prime Consultant
Project No. Contract No. Date
IMPORTANT NOTES:
25-058-RFP TBD 11/4/2025
COST PROPOSAL FORM 2 OF 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Bennett Engineering Services Subconsultant
SCHEDULE OF OTHER DIRECT COST ITEMS
PRIME CONSULTANT
DESCRIPTION OF ITEMS Quantity Unit Unit Cost Total
U.S. Mail 0.00 EA $0.00 $0.00
Traffic Counts 0.00 EA $0.00 $0.00
Personal Vehicle 650.00 Mile $0.70 $455.00
Overnight Mail Service 0.00 EA $0.00 $0.00
Permit Fees 0.00 EA $0.00 $0.00
Per Diem 0.00 Day $0.00 $0.00
Records Search 0.00 EA $0.00 $0.00
Research Fee 0.00 EA $0.00 $0.00
0 0.00 0 $0.00 $0.00
Tolls & Parking 0.00 EA $0.00 $0.00
Total ODCs $455.00
Subconsultant 1: GEOCON CONSULTANTS, INC. $512,122.55
Subconsultant 2: A T.E.E.M. ELECTRICAL ENGINEERING Inc. $45,920.00 Subconsultant 3: UNICO Engineering $14,015.68
Subconsultant 4: ECORP Consulting, Inc. $32,420.59
Subconsultant Total $604,478.82
9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.
Total: $604,933.82
Note: Add Additional pages if necessary.
1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).
5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.
D X D
162
Cost Proposal
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$65,888.14 = $58.72 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $58.72 + = $117.45 Year 2 Avg Hourly Rate
Year 2 $117.45 + = $117.45 Year 3 Avg Hourly Rate
Year 3 $117.45 + = $117.45 Year 4 Avg Hourly Rate
Year 4 $117.45 + = $117.45 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 1122.0 Estimated Hours Year 1
Year 2 * = Estimated Hours Year 2
Year 3 * = Estimated Hours Year 3
Year 4 * = Estimated Hours Year 4
Year 5 * = Estimated Hours Year 5
Total 100% = 1122.0
Year 1 $58.72 * = $65,888.14 Estimated Hours Year 1
Year 2 $117.45 * = Estimated Hours Year 2
Year 3 $117.45 * = Estimated Hours Year 3
Year 4 $117.45 * = Estimated Hours Year 4
Year 5 $117.45 * = Estimated Hours Year 5
= $65,888.14
= $65,888.14
= Transfer to Page 1
NOTES:
·
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. ·
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) ·
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
EXHIBIT CP1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
1,122
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation % Proposed Escalation
100.00%
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
1122.0
1122.0
1122.0
1122.0
1122.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year (calculated above) (calculated above) Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
1122.0
Total Direct Labor Cost with Escalation
-
163
Cost Proposal
Certification of Direct Costs:
Prime Consultant or Subconsultant Certifying:
Name: Title*:
Signature: Date of Certification (mm/dd/yyyy): 11/4/2025 Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
January 2018
[email protected] 916.783.4100
1082 Sunrise Avenue, Suite 100, Roseville, CA 95661
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Leo Rubio President
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures COST PROPOSAL Page 3 of 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts c::::: --2::>s ~
164
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-Ups are Not Allowed
Consultant: GEOCON CONSULTANTS, INC.
Project No. Contract No. Date
Project Name
DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Principal Engineer/Geologist Zorne, Staff 12 $ 75.00 $ 900.00 Senior Engineer/Geologist/Scientist Kopania, Staff 45 $ 70.00 $ 3,150.00 Project Engineer/Geologist/Scientist Short, Staff 124 $ 50.00 $ 6,200.00 Staff Engineer/Geologist/Scientist Staff 20 $ 40.00 $ 800.00 Field Technician (PW) Short, Staff 120 $ 51.56 $ 6,187.20 Field Technician (PW 1.5 OT) Short, Staff 96 $ 77.34 $ 7,424.64 Field Technician (PW DT) Short, Staff 40 $ 103.12 $ 4,124.80 GIS Specialist Staff 9 $ 45.00 $ 405.00
Admin. Assistant/Word Processor Staff 7 $ 35.00 $ 245.00 473
LABOR COSTS
a) Subtotal Direct Labor Costs $ 29,436.64
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 29,436.64
INDIRECT COSTS
d) Fringe Benefits (Rate: 53.13% ) c) Total Fringe Benefits [(c) x (d)] $ 15,639.69 f) Overhead (Rate: 47.94% ) g) Overhead [(c) x (f)] $ 14,111.93 h) General and Administrative (Rate: 83.98% ) i) Gen & Admin [(c) x (h)] $ 24,720.89 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 54,472.50
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 8,390.91 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
Well Industries 1 each $ 368,000.00 $ 368,000.00
County Permit 1 each $ 1,437.50 $ 1,437.50
Laboratory - Water Quality 5 each $ 8,625.00 $ 43,125.00 Wet Sieve Analysis to #200 10 each $ 130.00 $ 1,300.00
#200 Wash 12 each $ 100.00 $ 1,200.00
Pick up truck 21 day $ 160.00 $ 3,360.00
Water Level Indicator 5 day $ 50.00 $ 250.00
ph/Conductivity/Temperature Meter 5 day $ 100.00 $ 500.00 Turbidity Meter 5 day $ 80.00 $ 400.00
Decon Rinse Equipment 5 day $ 50.00 $ 250.00
i) TOTAL OTHER DIRECT COSTS $ 419,822.50
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 419,822.50 TOTAL COST [(c) + (j) + (k) + (n)] $ 512,122.55
NOTES:
$45.00 - $65.00
PW Rate
$30.00 - $50.00
PW Rate
PW Rate
$30.00 - $55.00
3. Anticipated salary increases calculation (page 2) must accompany.
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Description of Item
EXHIBIT CP1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
August 11, 2025
Engineering Design Services for Well 22 Rehabilitation
$25.00 - $40.00
Range
$75.00 - $85.00
$50.00 - $80.00
Prime Consultant Subconsultant 2nd Tier Subconsultant
January 2020
□ □
165
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name**: Title**:
Signature: Date of Certification (mm/dd/yyyy):
Email**: Phone Number:
Address: 3160 Gold Valley Drive, Suite 800, Rancho Cordova, CA 95742 List services the consultant is providing under the proposed contract:
8/11/2025
EXHIBIT CP1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Hydrogeology Services (Pilot hole, water quality testing, analysis) I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Jeremy Zorne, PE, GE Vice President
[email protected] 916.852.9118
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
January 2020 166
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-Ups are Not Allowed
Consultant: UNICO Engineering
Project No. Contract No. Date
Project Name
DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Survey Manager Rob Markes 4 $ 92.40 $ 369.60
Senior Land Surveyor Richard Maddock, PLS 0 $ 74.52 $ - Senior Land Surveyor Ryan Ming, PLS 4 $ 74.80 $ 299.20
Senior Land Surveyor Adam Bishop, PLS 0 $ 72.00 $ -
Land Surveyor Todd Jordan, PLS 4 $ 56.00 $ 224.00
Land Surveyor Roy Porter, LSIT 16 $ 42.00 $ 672.00
Drone Pilot Terrance Ranney 0 $ 66.00 $ -
Staff Party Chief STAFF 16 $ 86.02 $ 1,376.32
Staff Rodman STAFF 16 $ 78.55 $ 1,256.80
Survey Technician/Drafter STAFF 16 $ 33.50 $ 536.00
0 STAFF 0 $ - $ -
76 LABOR COSTS
a) Subtotal Direct Labor Costs $ 4,733.92
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 4,733.92
INDIRECT COSTS
d) Fringe Benefits (Rate: 0.00% ) c) Total Fringe Benefits [(c) x (d)] $ - f) Overhead (Rate: 149.95% ) g) Overhead [(c) x (f)] $ 7,098.51 h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $ - j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 7,098.51
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 1,183.24 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
Title Report 1 1,000.00$ $ 1,000.00
i) TOTAL OTHER DIRECT COSTS $ 1,000.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 1,000.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 14,015.68
NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Description of Item
EXHIBIT CP1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
July 29, 2025
Well 22 Rehabilitation
$70.00 - $90.00
$30.00 - $50.00
Range
$77.00 - $97.00
$0.00 - $0.00
Prime Consultant Subconsultant 2nd Tier Subconsultant
January 2020
□ □
167
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $62.29 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 3.0% = $64.16 Year 2 Avg Hourly Rate
Year 2 + 3.0% = $66.08 Year 3 Avg Hourly Rate
Year 3 + 3.0% = $68.06 Year 4 Avg Hourly Rate
Year 4 + 3.0% = $70.11 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 76 = 76 Estimated Hours Year 1
Year 2 * 76 = 0 Estimated Hours Year 2
Year 3 * 76 = 0 Estimated Hours Year 3
Year 4 * 76 = 0 Estimated Hours Year 4
Year 5 * 76 = 0 Estimated Hours Year 5
Total Total = 76
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 76 = Estimated Hours Year 1
Year 2 * 0 = Estimated Hours Year 2
Year 3 * 0 = Estimated Hours Year 3
Year 4 * 0 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
EXHIBIT CP1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $4,733.92 76
1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $62.29
$64.16
$66.08
$68.06
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 100.0%
0.0%
0.0%
0.0%
0.0%
100.000%
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$4,733.92
$0.00
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
$68.06 $0.00
$70.11 $0.00
$4,733.92
$62.29 $4,733.92
$64.16 $0.00
$66.08 $0.00
January 2020 168
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name**: Title**:
Signature: Date of Certification (mm/dd/yyyy):
Email**: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Land Surveying Services
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Cesar Montes de Oca, PE President
[email protected] 916.900.6623
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
UNICO Engineering | 80 Blue Ravine Road, Suite 250, Folsom, CA 95630 Certification of Direct Costs:
7/29/2025
EXHIBIT CP1 COST PROPOSAL Page 3 of 3
January 2020 169
COST PROPOSAL 1
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 10/30/2025
DIRECT LABOR
Hours
24 8
8 16
28 33
2 2
33 20
22 2
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see Anticipated Salary Increases page for calculations) c) Total Direct Labor Costs [(a) + (b)] $ 9,352.24
INDIRECT COSTS
d) Fringe Benefits ( Rate: 70.74% ) e) Total Fringe Benefits [(c) x (d)] $ 6,615.77 f) Overhead ( Rate: 41.25% ) $ 3,857.80
h) General and Administrative ( Rate: 102.34% ) i) Gen & Admin [(c) x (h)] $ 9,571.08 j) Total Indirect Costs [(e) + (g) + (i)] $ 20,044.66
FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 10% ] $ 2,939.69 Quantity Unit
120 Mileage
l) TOTAL OTHER DIRECT COSTS $ 84.00
Subconsultant 1:
Subconsultant 2: $
Subconsultant 3: $
Professional V
Professional VI
Professional I
Professional VI
Professional VI
Professional VI
Principal V Lisa Westwood
$ 1,254.00
$ 90.60
$ 58.00
Professional VII
Professional VI
Professional VI
Professional VI
$55.77
$47.12
$44.55
$52.88
$38.00
$45.30
$29.00
Classification/Title Name Actual Hourly Rate Total
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
ECORP Consulting, Inc.
Daniel Wong $43.50 $ 1,435.50
Christa Westphal $43.28 $ 865.60
Professional IX Brian Marks $57.78 $ 1,386.72
Krissy Walker-Berry
Stephanie Castle
Devin Keogh
Marc Guidry
Griffin Capehart
Daniel Machek
Ann Lightell
$ 446.16
$ 376.96
$ 712.80
$ 1,480.64
$ -
$ -
Mileage @ IRS rate $0.70 $ 84.00
$0.00 $ -
$ 9,352.24
$ -
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Unit Cost Total
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $0.00 $ -
$0.00 $ -
$ -
Eric Fries $48.08 $ 1,057.76
$93.75 $ 187.50
$ -
Prime Consultant Subconsultant 2nd Tier Subconsultant
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□ □
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Subconsultant 4: $
$ -
$ 84.00
$ 32,420.59
(m) TOTAL SUBCONSULTANS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
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COST PROPOSAL 1
1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per
Cost
Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 9,352.24 / 198 = $47.23 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly
Rate
Proposed
Escalation
Year 1 $100.00 + 5% = $105.00
Year 2 $105.00 + 5% = $110.25
Year 3 $110.25 + 5% = $115.76 Year 4 Avg Hourly Rate
Year 4 $115.76 + 5% = $121.55 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Estimated %
Completed
Each Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 100.00% * 198 = 198 Estimated Hours Year 1
Year 2 0.00% * 198 = 0 Estimated Hours Year 2
Year 3 0.00% * 198 = 0 Estimated Hours Year 3
Year 4 0.00% * 198 = 0 Estimated Hours Year 4
Year 5 0.00% * 198 = 0 Estimated Hours Year 5
Total 100% Total = 198
4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly
Rate
Estimated
Hours
(calculated
above)
(calculated
above)
Year 1 $47.23 * 198 = $9,352.24 Estimated Hours Year 1
Year 2 $105.00 * 0 = $0.00 Estimated Hours Year 2
Year 3 $110.25 * 0 = $0.00 Estimated Hours Year 3
Year 4 $115.76 * 0 = $0.00 Estimated Hours Year 4
Year 5 $121.55 * 0 = $0.00 Estimated Hours Year 5
= $9,352.24
= $9,352.24
= $0.00 Transfer to Page 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
5 Year
Contract Duration
COST PROPOSAL 1
Cost
Per Period
Total Direct Labor Cost with Escalation
Year 2 Avg Hourly
Year 3 Avg Hourly
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
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COST PROPOSAL 1
Name: Title*:
Signature: Date of Certification (mm/dd/yyyy): 10/30/2025 Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2525 Warren Drive, Rocklin, CA 95677
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Prime Consultant or Subconsultant Certifying:
Wayne Hursey Accounting Manager
[email protected] 916-782-9100
January 2020
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EXIIJBIT CPI COST PROPOSAL Page I of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
EXHIBIT I 0-Hl
Cost Proposal
Note: Mark-Ups are Not Allowed □ Prime Consultant 0 Subconsultant :J 2"ld Tier Subconsultant Consultant: A T,E,E,M, Electrical Engineering
Project No,
Prq_ject Name
Contract No. --------- Datc ____ J.ca=nu~ary=.::8''-'2'-'0"'2-"6 ___ _ West Sacramento - Wcll 22 Rehabilitation
DIRECT LABOR
Classification(l'itle
FIELD ENGINEER
OFFICE ENGINEER
TECHNICAL
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases
INDIRECT COSTS
d) Fringe llcnelits (Rate: 0.00% )
f) Overhead (Rate: 120.00% )
STAPF
STAFF
STAFF
Name
h) General and Administrative (Rate: ________ ::_0:::.0.::0.:..::.%) Range Hours Actual Hr Rate Total
$0,00 - $0.00 4 $ I 03.30 $ 413.20
$0,00 - $0.00 146 $ 99,17 $ I4,478,82
$0.00 - $0,00 76 $ 53,72 $ 4,082.72
226
$ 18,974.74
$0,00
c) TOTAL DIRi:cr LABOR COSTS [(a)+ (b)] $ 18,974.74
c) Total Fringe llcncfits [(c) x (d)] $
g) Overhead [ ( c) x ( f)] $ 22,769.69
i) Gen & Admin [(c) x (h)] $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 22,770.67
FIXED FEE k) TOTAL FIXED FEE [(c) + U)] x fixed fee I 0% ] _$::...._ _ _c4,c:.l 7'---4"'.5"9_ I) CONSULTANT'S OTHER DIRECT COSTS (ODC)- ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
$
i) TOTAL OTHER DIRECT COSTS ..:$::...._ ____ _
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) NOTES:
m) TOTAL SUBCONSULTANTS' COSTS
n) TOTAL OTHER DIRF,CT COSTS INCLUDING SUBCONSIJLTANTS [(I)+ (m)] TOTAL COST [(c) + (i) + (k) + (n)]
$
$
$ 45,920.00
1. Key personnel must be marked with an asterisk(*} and employees that arc subject to prevailing wage requirements must be marked with two asterisks(**)- All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost propo~al format shall not be amended. Indirect cost rates shall be updttted on nn annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans
3, Anticipated salary increases calculfltion (page 2) must accompany.
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EXHIBIT CPl COST PROPOSAL Page 2 of3
EXHIBIT I 0-H 1
Cost Proposal
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRIC!c) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
l. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direcl Labor Total Hours per Avg
Subtotal per Cost Cost Proposal Hourly
Proposal Rate
$18,974.74 226 $83.96
l. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation¾) Avg Hourly Rate Proposed I \scalation
Year I $83.96 + 3.0% $86.48
Year 2 $86,48 + 3.0% $89.07
Year 3 $89.07 + 3.0% $91,74
Year 4 $9L74 I· 3,0% $94.50
3, Calculate estimated hours per year (Multiply estimate o/o each year by total hours) Estimated % Completed Total Jlours per Cost Total Hours per Each Year Proposal Year
Year I 100.0% * 226 226
Year 2 0.0% * 226 0
Year 3 0.0% * 226 0
Year 4 0.0% * 226 0
Year 5 0.0% * 226 0
Total 100.000% Total 226
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Year l
Year 2
Year 3
Year 4
Year 5
NOTES:
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
$83.96 * 226
$86.48 * 0
$89.07 * 0
$91.74 * 0
$94.50 * 0
Total Direct Labor Cost with Es()alation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
Cost Per
Year
$18,974.74
$0.00
$0.00
$0.00
$0.00
$18,974.74
$18,974.74
$0.00
5 Year
Contract
Duration
Year I Avg
Hourly Rate
Y car 2 Avg Hourly Rate
Y car 3 Avg Hourly Rate
Year 4 Avg Hourly Rate
Year 5 Avg flourly Rate
Estimated Hours Y car I
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Estimated I lours Year I
Estimated Hours '( ear 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Transfer to Page I
I. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2, An estimation that is based on direct labor multiplied by salary increase% multiplied by the It of years is not acceptable. (i.c, $250,000 x 2% x 5 yrs"" $25,000 is not an acceptable methodology)
3, This assumes that one year will be worked at the rate on the cost proposal before salary increases are grnnled.
4. Calculations for anticipated salary escalation must be provided.
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Cost Proposal
EXHIBIT CPI COST PROPOSAL Page 3 of3
Certification of Direct Costs:
I, the undersigned, certify to the best ofmy knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
l, Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Rc!!ulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts, All documentation of compliance must be retained in the project files and be in compHance with applicable federal and state requirements. Costs that arc noncornpliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Ratc(s).
Prime Consultant or Suhconsultant Certifying:
Name**: S l-t,4Jl,,w k, I tn I W /c.4--:
(}FlllJ<;4
5kiml'Wk:c. 0-> e>\tee1'1,CIW"I
Signature:
Email**:
'I'itlc**:
Date of Certification (rnm/dd/yyyy): 0 I /oC,/ 2o26
Phone Number: qi,(,- '-(57-81'1'-f
':!>8lf I /J, f;i~ ~D #/451 SALJA.~, u- CfS83'f'. / .j
Address:
** An individual executive or financial officer of'lhe consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Of1icer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is provlding under the proposed contract· Electrical Engineering
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EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONSULTANTS
By:
Leo Rubio, PE, President & CEO
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EXHIBIT E
LABOR COMPLIANCE
1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall, and the contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.
B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.
C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.
2. PREVAILING WAGE RECORDS
A. The Consultant and each subcontractor shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified and shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work.
The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.
B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775. 178
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C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.
D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.
3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay.
(b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.
5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code.
Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor 179
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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. 180
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EXHIBIT F
FEDERAL CONTRACT PROVISIONS
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit shall control. ☒TERMINATION FOR CAUSE (in addition to standard Termination language) Criteria: All Contracts over $10k
1. In the event of any default by the Consultant as described below, the City may, after giving ten (10) days’ written notice to the Consultant, terminate the Consultant’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
a. Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. b. Filing of bankruptcy by the Consultant, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Consultant’s insolvency without discharge of the receiver within ten (10) days after its appointment.
c. Failure to make prompt payments to Subcontractors or suppliers. d. Persistent disregard of laws, ordinances, or the instructions of the City, or other substantial violation of any provision of the Contract.
2. In the event the right of the Consultant to proceed with the Work, or any portion thereof, has been terminated because of the default of the Consultant and the Consultant has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Consultant and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City.
3. Upon termination, the Consultant shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Consultant in accordance with the terms of the Contract, then the difference shall be paid to the Consultant in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Consultant would otherwise have been paid, the Consultant and its sureties shall be liable to the City for the full amount of such excess expense.
4. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract. ☒ EQUAL EMPLOYMENT OPPORTUNITY 41 CFR Part 60-1.4b
Criteria: Government Contracts
During the performance of this contract, the contractor agrees as follows 181
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1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the 182
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Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
☐ Criteria: Federally assisted construction contracts
Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 183
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6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
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Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.
Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Director of OFCCP may designate.
Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.
Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. ☐ DAVIS-BACON ACT (40 U.S.C. §§ 3141-3144 and 3146-3148) Criteria: Construction or repair work (not applicable to FEMA)
1. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
3. Additionally, contractors are required to pay wages not less than once a week. ☐ COPELAND ANTI-KICKBACK ACT
Criteria: Construction or Repair Work >$2k (not applicable to FEMA)
1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
2. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment
☐ CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Criteria: Construction or Repair contracts >$100k involving employment of Mechanics or Laborers (does not apply to purchase or service contracts)
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives 185
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compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section.
3. Withholding for unpaid wages and liquidated damages. The City of West Sacramento shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
☐ Rights to Inventions Made Under a Contract or Agreement.
Criteria: Funding agreement (not applicable to FEMA)
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
☒ CLEAN AIR ACT
Criteria: All contracts over $150k
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
1. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation 186
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as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
2. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ FEDERAL WATER POLLUTION CONTROL ACT
Criteria: All contracts over $150k
1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
2. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ DEBARMENT AND SUSPENSION
Criteria: Over $25k
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
5. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935).
6. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
7. This certification is a material representation of fact relied upon by the City of West Sacramento. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of West Sacramento, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The City will insure the Contractor and any lower participants are not debarred by checking the government’s System Award Management (SAM).
8. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
☒ BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) Criteria: All contracts require. Any contracts over $100k also require additional certification. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not 187
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and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Contractors who apply or bid for an award of $100,000 or more shall file the required certification (see Appendix A, 44 C.F.R Part 18 – Certification Regarding Lobbying). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
☒ RECORD RETENTION
Criteria: All contracts
In addition to the reports specified in this Agreement, Consultant shall retain the records required by the applicable provisions of 2 CFR § 200.334, no less than three (3) years after City's final payment to Consultant under this Agreement and provide the City with the reports required pursuant to 2 CFR §§ 200.328 and 200.343, and such other records and reports as the City may reasonably require in the administration of this Agreement. Consultant shall keep all other necessary books and records, including property, personnel, loan documentation and financial records, in connection with the operation and services performed under this Agreement, in accordance with 2 CFR §200.334
☒ NO OBLIGATION BY FEDERAL GOVERNMENT
Criteria: All contracts
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract.
☐ PROCUREMENT OF RECOVERED MATERIALS
Criteria: All contracts over $10k where work involves the use of materials (J) §200.323 Procurement of recovered materials.
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines."
1. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired—
2. Competitively within a timeframe providing for compliance with the contract performance schedule;
3. Meeting contract performance requirements; or
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4. At a reasonable price.
a. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. ☐ Prohibition on certain telecommunications and video surveillance services or equipment.
Criteria: Contracts related to telecommunications or video surveillance or equipment (K) §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471."
☐ Domestic preferences for procurements (Buy America Preference) Criteria: All contracts over $10k where work involves the use of materials (L) §200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber." 189
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 21, 2026 ITEM # 7
SUBJECT:
CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH
BENNETT ENGINEERING SERVICES FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE SOUTHPORT TO HARBOR ROADWAY PROJECT (CIP 15046) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Joanna Ortiz, Assistant Engineer
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve a professional services contract with Bennett Engineering Services for engineering design services associated with the Southport to Harbor Roadway Project (CIP 15046).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Award a contract for professional services with Bennett Engineering Services for engineering design services associated with the Southport to Harbor Roadway Project; 2) Delegate authority to the City Manager, or his designee, to execute a professional services contract with Bennett Engineering Services in an amount not to exceed $1,590,399.54; 3) Authorize the City Manager, or his designee, to make contract amendments up to 10% ($159,040) of the total value of the contract; and
4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, including extensions for time with approval from the City Attorney.
BACKGROUND
Southport Parkway is a four-lane major arterial serving approximately 24,000 vehicles per day, including a substantial volume of heavy truck traffic. Industrial Boulevard, another four-lane major arterial, connects to Lake Washington Boulevard at the Palamidessi Bridge and serves about 27,000 vehicles per day, also with significant truck traffic. Harbor Boulevard, between Industrial Boulevard and the US-50 interchange, carries roughly 44,000 vehicles per day, including heavy trucks. The combination of aging pavement and high truck volumes has resulted in extensive roadway deterioration and ongoing maintenance requests from residents.
In January 2024, the City completed the Neighborhood Pavement Preservation Program, which included Southport Parkway between Lake Washington Boulevard and Ramco Street. While this project temporarily addressed the most deteriorated areas, a permanent long-term solution is still needed.
The Southport to Harbor Roadway Project (“Project”) was initially intended to address pavement conditions along Southport Parkway. The Project has since expanded to include complete streets improvements such as utility upgrades, sidewalk infill, and bike lanes to enhance safety and accessibility for pedestrians, bicyclists, motorists, and public transit users along Harbor Boulevard (US-50 on/off ramp to Industrial Boulevard), Industrial Boulevard (Harbor Boulevard to Palamidessi Bridge), Lake Washington Boulevard (Palamidessi Bridge to Southport Parkway), and Southport Parkway (Lake Washington Boulevard to Promenade Street).
On March 2, 2022, the City entered into a design contract with Bennett Engineering to complete the PA&ED (Project Approval & Environmental Documentation) phase. Bennett Engineering has since completed 35% preliminary design, utility studies, traffic studies, and geotechnical studies.
On January 23, 2024, the City executed a fund exchange agreement with the Sacramento Area Council of Governments (SACOG), swapping $400,000 of local funds into the Great California Delta Trail Regional Connection Project and $400,000 of federal funds into the Southport to Harbor Roadway Project. This exchange allowed the City to advance federally funded work while pursuing federal grants for the Construction phase.
Because the Project now involves federal funding, additional procurement requirements applied and the City was required to re-advertised the remaining engineering design phase. 190
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ANALYSIS
On November 10, 2025, staff solicited proposals for engineering design services through a Request for Proposal (25-082-RFP) on OpenGov, the City’s eProcurement system. The City received one proposal from the following firm:
1. Bennett Engineering Services
Since only one proposal was received, this solicitation was determined to be non-competitive. Staff submitted additional required documentation for non-competitive solicitations to Caltrans for review. Caltrans approved the documentation on December 23, 2025.
A three (3) person panel evaluated the proposal based on the following criteria: qualification and experience, understanding of the work to be done, demonstrated technical ability, past performances, and acceptance of City’s contract for services. After reviewing Bennett’s qualifications, experience, and proposed work plan, the staff selection panel determined that Bennett has a strong understanding of the work to be performed and is qualified to provide engineering design services. The attached contract includes the negotiated scope and fees to complete the assignment.
Environmental Considerations
This action is not a “project” for the purposes of the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”), because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment and, therefore, pursuant to Public Resources Code section 21065 and CEQA Guidelines sections 15060(c) and 15378(a), it is not subject to environmental review.
Environmental documentation require for the project will be conducted during the project development.
Commission Recommendation
During this phase of the project, the design team will meet with the appropriate commissions to provide them with information and to seek community input into the project.
Strategic Plan Integration
The Project advances the City’s Strategic Plan by improving mobility, safety, and connectivity along key arterial corridors while implementing the intent of the City’s Enhanced Infrastructure Financing District (EIFD). The Project addresses deteriorated pavement conditions on high-volume, truck-intensive roadways and incorporates complete streets improvements, including utility upgrades, sidewalk infill, and bike lanes, to enhance accessibility for pedestrians, bicyclists, motorists, and transit users. These improvements support the Strategic Plan’s emphasis on safe, efficient, and multimodal transportation infrastructure while reducing long-term maintenance needs. The use of EIFD funding aligns with its purpose of reinvesting in critical infrastructure that supports goods movement, access to employment centers, and sustainable economic activity, making measurable progress toward the City’s long-term mobility and infrastructure resilience goals.
Alternatives
Alternatives available to the City Council include:
1) Approve the recommended actions as stated above.
2) Make adjustments to the recommended actions.
3) Decline to approve the recommended actions.
Alternatives 2 and 3 are not recommended as this project is vital to the well-being of the community and delays to move the project forward will potentially add to the pavement deterioration along this important corridor.
Coordination and Review
This report was prepared by the Capital Projects Department with coordination and review by the Finance Department.
Budget/Cost Impact
This project is included in the City’s Capital Improvement Program (CIP), approved by the City Council on March 2, 2022, as CIP 15046. Sufficient funding is available within the approved project budget, and no additional funds are required or requested at this time. Table 1 summarizes the current project funding sources and the portion allocated to the Bennett Engineering contract.
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Table 1 – Funding Sources
City / Local Funds Appropriation Date Amount
Fund 107 – One-Time General Fund (Resolution 19-93) 9/18/2019 $60,000.00 SB1 (Resolution 19-93) 9/18/2019 $250,000.00
Fund 107 – One-Time General Fund (Resolution 22-25) 3/2/2022 $250,000.00 SB1 (Resolution 22-25) 3/2/2022 $250,000.00
Community Investment Fund (Resolution 23-57) 6/28/2023 $1,000,000.00 Transfer to Clarksburg Trail (Resolution 24-7) 1/17/2024 ($400,000.00) EIFD (Resolution 25-90) 8/20/2025 $1,200,000.00
Total City Funds $2,610,000.00
Grant Funds Appropriation Date Amount
Federal RSTP Grant (Resolution 24-7) 1/17/2024 $400,000.00 Total Grant Funds $400,000.00
Project Financial Status
TOTAL APPROPRIATED FUNDS $3,010,000.00
Current Project Expenses $1,006,986.00
Bennett Engineering Contract (Pending Approval) $1,590,399.54 Remaining Project Total $412,614.46
ATTACHMENTS
1. Vicinity Map
2. Bennett Engineering Contract
192
SOUTHPORT PARKWAY
SOUTHPORT PARKWAY
LAKE WASHINGTON BLVD
LAKE WASHINGTON BLVD
INDUSTRIAL BLVD
INDUSTRIAL BLVD
HARBOR BLVD
INDUSTRIAL BLVD HARBOR BLVD
US HIGHWAY 50 US HIGHWAY 50
TERMINAL ST
STONE BLVD
DEL MONTE ST
BEACON BLVD
EVERGREEN AVE
WEST CAPITOL AVE
BOATMAN AVE
RAMOS ST
WESTBRIDGE PLAZA
PRIVATE DRIVEWAY
PORT OF WEST
SACRAMENTO
PORT OF WEST
SACRAMENTO
BARGE CANAL
JEFFERSON BLVD
US 50 EB ON/OFF RAMP
OFF RAMP US 50 EB
PALAMIDESSI BRIDGE PROPOSED LOCATION &
BOUNDARIES OF PROJECT, TYP
PROJECT DATA (APPROXIMATE)
LENGTH: 18,400 LINEAR FEET (3.5 MILES)
AREA: 1,403,000 SQUARE FEET
DEEP WATER CHANNEL
SOUTHPORT PARKWAY
CARLIN DR
PROMENADE ST
SOUTHPORT PARKWAY
GOLDEN GATE DR
PROMENADE ST
CARLIN DR RAMOS ST F:\CD Engineering & Inspections\CIP\Truck Route Paving - Ramco St to Hwy 50\truck_route_paving_1.dwg 2/16/2022 9:24 AM Ramirez, Manuel LIMITS OF:
PORT AREA INFRASTRUCTURE AND
COMPLETE STREETS PROJECT
2/16/2022
DATE:
CHECKED BY:
DRAWN BY: N
TITLE:
SCALE:
M. RAMIREZ
A. WALLACE 3" = 1 MILE
193
Attachment 2
Bennett Engineering Services
CPE26-001– Southport to Harbor Roadway Project
Expires 12/31/2029
FEDERAL CONTRACT FOR PROFESSIONAL SERVICES
Table of Contents
1. SCOPE OF SERVICES: ..................................................................................................3
2. TERM OF CONTRACT ....................................................................................................3
3. COMPENSATION: ............................................................................................................4
4. TERMINATION: .................................................................................................................6
6. EXTENSIONS OF TIME: .................................................................................................7
7. PROPERTY OF CITY:......................................................................................................7
8. COMPLIANCE WITH ALL LAWS: ..................................................................................7
9. WARRANTIES AND RESPONSIBILITIES - Consultant: ............................................7
10. SUBCONTRACTING: .......................................................................................................8
11. ASSIGNABILITY: ..............................................................................................................9
12. INTEREST IN CONTRACT: ..........................................................................................10
13. MATERIALS CONFIDENTIAL: .....................................................................................10
14. LIABILITY OF CONSULTANT-NEGLIGENCE: ..........................................................11
15. INDEMNITY AND LITIGATION COSTS: .....................................................................11
16. CONSULTANT TO PROVIDE INSURANCE: .............................................................12
17. MISCELLANEOUS PROVISIONS: ..............................................................................14 EXHIBIT A ....................................................................................................................................18 Consultant Proposal/Scope of Work ........................................................................................18 EXHIBIT B ....................................................................................................................................19 Schedule of Performance ..........................................................................................................19 EXHIBIT C ....................................................................................................................................20 194
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Expires 12/31/2029
2388811.1 7203.543 2 rev 12/4/23
Schedule of Fees ........................................................................................................................20 EXHIBIT D ....................................................................................................................................21 CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 .......................................21 [Labor Code § 1861] ...................................................................................................................21 EXHIBIT E ....................................................................................................................................22 LABOR COMPLIANCE ..............................................................................................................22 EXHIBIT F ....................................................................................................................................25 FEDERAL CONTRACT PROVISIONS ....................................................................................25 195
Bennett Engineering Services
CPE26-001– Southport to Harbor Roadway Project
Expires 12/31/2029
2388811.1 7203.543 3 rev 12/4/23
THIS CONTRACT is made on January 21, 2026 by and between the CITY OF WEST SACRAMENTO (“City”), and Bennett Engineering Services (“Consultant”).
WITNESSETH:
WHEREAS, the City desires professional engineering services for the Southport to Harbor Roadway Project;
WHEREAS, the Consultant has presented a proposal for such services to the City, dated December 15, 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:
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.
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.
The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on December 31, 2029.
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 additional 1-year terms in the manner provided 196
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in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.
3. COMPENSATION:
A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed one million, five hundred and ninety thousand, three hundred and ninety-nine dollars and fifty-four cents ($1,590,399.54), 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.
D. Allowable Costs and Payments
1. The method of payment for this Contract will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’s Cost Proposal, unless additional reimbursement is provided for by Contract amendment. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Cost Proposal. In the event, that City determines that a change to the work from that specified in the Cost Proposal and Contract is required, the Contract time or actual costs reimbursable by City shall be adjusted by Contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by Contract amendment.
2. The indirect cost rate established for this Contract is extended through the duration of this specific Contract. Consultant’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Contract award.
3. In addition to the allowable incurred costs, City will pay Consultant a fixed fee of $1,590,399.54. The fixed fee is nonadjustable for the term of the Contract, except 197
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in the event of a significant change in the scope of work and such adjustment is made by Contract amendment.
4. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
5. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract administrator before exceeding such cost estimate.
6. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, City shall have the right to delay payment or terminate this Contract.
7. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Contract.
8. Consultant will be reimbursed promptly according to California Regulations upon receipt by City’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Contract number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Contract Administrator at the following address:
City of West Sacramento
Capital Projects Department
Attn: Joanna Ortiz
1110 West Capitol Ave
West Sacramento, CA 95691
9. The total amount payable by City including the fixed fee shall not exceed $1,590,399.54.
10. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
F. Prompt payment from City to Consultant. The City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Consultant on a professional service contract. If the City fails to pay promptly, the City shall 198
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pay interest to the Consultant, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the City shall act in accordance with both of the following:
1. The City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
2. The City must return any payment request deemed improper by the City to the Consultant as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
G. Prompt Payment Certification. Consultant shall comply with all applicable prompt payment requirements under state and federal law. Consultant shall pay all subconsultants, suppliers, and manufacturers promptly upon receipt of payment from the City for work performed.
Consultant shall provide the City with reasonable documentation, upon request, demonstrating compliance with prompt payment requirements. No Disadvantaged Business Enterprise (DBE) reporting forms or DBE-specific submittals are required for this Contract.
4. TERMINATION:
A. This Contract may be terminated by either party, provided that the other party is given not less than 30 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.
B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.
D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4.C. 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.
Consultant shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by City’s Contract Administrator. 199
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There shall be no change in Consultant’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this Contract without prior written approval by City’s Contract Administrator
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.
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.
B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.
C. The work contemplated under this Contract is a public work for the purposes of Labor Code section 1720, and is subject to the payment of prevailing wages. Accordingly, Consultant shall comply with the provisions of Exhibit "D".
This Contract is funded in whole or in part through grant funds received under the following grant[s]: Caltrans Regional Surface Transportation Program Grant (RSTP) (the “Grant”), the terms of which are incorporated herein. Copies of the Grant and any related materials have been made available to Consultant, and Consultant shall ensure that its performance under this Contract, and that of any subcontractors, conforms to the requirements of the Grant.
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.
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B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.
C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.
D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.
10. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.
Nothing contained in this Contract or otherwise, shall create any contractual relation between the City and any Subconsultants, and no sub agreement shall relieve the Consultant of its responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the City for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant's obligation to pay its Subconsultants is an independent obligation from the City's obligation to make payments to the Consultant.
The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Contract Administrator, except that which is expressly identified in the Consultant’s approved Cost Proposal.
Any sub agreement entered into as a result of this Contract, shall contain all the provisions stipulated in this entire Contract to be applicable to Subconsultants unless otherwise noted.
Consultant shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the Consultant by the City.
Any substitution of Subconsultants must be approved in writing by the City Contract Administrator in advance of assigning work to a substitute Subconsultant.
Prompt Progress Payment
Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the 201
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respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal.
Prompt Payment of Withheld Funds to Subconsultants
The City may hold retainage from Consultant and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the contract work, and pay retainage to Consultant based on these acceptances. The City shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by Consultant or subconsultant to a subconsultant.
No retainage will be held by the City from progress payments due to Consultant. Any retainage kept by Consultant or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed.
Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant.
Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subcontract performance, or noncompliance by a subconsultant
11. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.
However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
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12. INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
A. During the term of this Contract, the Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Contract or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Contract or any ensuing City construction project which will follow.
B. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Contract. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Contract. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law.
C. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Contract.
D. The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Contract, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise
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.
All financial, statistical, personal, technical, or other data and information relative to City’s operations, which are designated confidential by City and made available to Consultant in order to carry out this Contract, shall be protected by Consultant from unauthorized use and disclosure. 203
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Permission to disclose information on one occasion, or public hearing held by City relating to the Contract, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.
Consultant shall not comment publicly to the press or any other media regarding the Contract or City’s actions on the same, except to City’s staff, Consultant’s own personnel involved in the performance of this Contract, at public hearings, or in response to questions from a Legislative committee.
Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Contract without prior review of the contents thereof by City, and receipt of City’s written permission.
Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than City, Caltrans, and/or FHWA. 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 City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
14. LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.
15. INDEMNITY AND LITIGATION COSTS:
Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees or anyone else employed by the Consultant in the performance of professional design services under this agreement, to the extent of the Consultant’s proportionate percentage of fault.
To the extent permitted by Civil Code section 2782.8, for all other claims unrelated to the provision of professional design services, the Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation, which arise out of or are in any 204
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way connected with the Consultant’s, or its subcontractors’ or suppliers’, performance under this agreement or failure to comply with any of the obligations contained in the agreement. This indemnity shall imply no reciprocal right of the Consultant in any action on the agreement pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Consultant shall apply to any and all acts or omissions unrelated to the provision of professional design services, whether active or passive, on the part of the Consultant or its agents, employees, representatives, or subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City.
16. CONSULTANT TO PROVIDE INSURANCE:
A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract.
Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.
1. Worker’s Compensation and Employer’s Liability Insurance
a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations. The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents. b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.
2. Commercial General Liability Insurance
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a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $2,000,000.00 per occurrence and $4,000,000 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.
3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section
16.B.2.b).
4. Professional Liability
a. 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 $2,000,000 per claim.
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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 a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.
The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
During the performance of this Contract, Consultant and its subconsultants shall not deny the Contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
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Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Contract by reference and made a part hereof as if set forth in full.
Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Contract.
The Consultant, with regard to the work performed under this Contract, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
The Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
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. This Contract is funded in whole or in part through grant funds received under the following grant[s]: Caltrans Regional Surface Transportation Program Grant (the “Grant”), the terms of which are incorporated herein. Copies of the Grant and any related materials have been made available to Consultant, and Consultant shall ensure that its performance under this Contract, and that of any subcontractors, conforms to the requirements of the Grant.
F. 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 208
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enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City:
City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]
Consultant:
Bennett Engineering Services
1082 Sunrise Ave, Suite 100
Roseville, California 95661
F. This Contract shall be interpreted and governed by the laws of the State of California.
G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.
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. This Contract may be signed in counterparts, and may be signed electronically.
By signing this document in electronic form, the parties agree that this Contract 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.
J. It is mutually understood between the parties that this Contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Contract were executed after that determination was made.
This Contract is valid and enforceable only if sufficient funds are made available to City for the purpose of this Contract. In addition, this Contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may affect the provisions, terms, or funding of this Contract in any manner.
It is mutually agreed that if sufficient funds are not appropriated, this Contract may be amended to reflect any reduction in funds.
City has the option to terminate the Contract pursuant to Article VI Termination, or by mutual agreement to amend the Contract to reflect any reduction of funds. 209
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Consultant warrants, by execution of this Contract that no person or selling agency has been employed, or retained, to solicit or secure this Contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
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
BENNETT ENGINEERING SERVICES
By: _________________________
Leo Rubio, President
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EXHIBIT A
Consultant Proposal/Scope of Work
211
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 1 of 17 SCOPE OF SERVICES DRAFT!
Client _________ City of West Sacramento
Consultant _____ BENEN (Bennett Engineering Services
Project ________ Southport to Harbor Roadway
Date __________ December 24, 2025
Consultant’s services shall be limited to those expressly set forth below, and Consultant shall have no other obligations or responsibilities for the Project or to the Client except as agreed to in writing or as provided in this Agreement. All of Consultant’s services in any way related to the Project or Client shall be subject to the terms of this Agreement.
TASK 1. PROJECT MANAGEMENT AND COORDINATION
Subtask 1.1. Meetings and Coordination
BENEN, in coordination with the City’s Project Manager, will develop the Project Development Team (PDT) with representatives from subconsultants, appropriate City staff, and key stakeholders, as directed by the City. BENEN will conduct a project kick-off meeting with City and the PDT to confirm the scope, schedule, budget, milestones, and communication protocols. BENEN will produce a baseline schedule that identifies the critical path elements to keep project delivery on schedule. BENEN will monitor and update the budget and schedule monthly to reflect actual progress. BENEN will notify the City immediately if problems arise that may adversely impact the project schedule, scope, and/or budget.
BENEN will organize and facilitate PDT, interagency, field review, and stakeholder meetings as required. BENEN will prepare all meeting agendas, minutes, and sign-in sheets and will distribute these to the PDT members. A total of twenty-four (24) meetings are assumed.
BENEN will ensure the City Project Manager will be kept aware of all Project coordination with outside agencies prior to any meeting with an outside agency or organization.
BENEN will provide ongoing consultation and technical guidance to City staff, as well as identify agencies with permitting authority and assist the City with communications throughout the project.
DELIVERABLES:
- Project Kick-off Meeting
- Project schedule (baseline and updates) in Microsoft Project - PDT Meetings (twenty-four (24) total) - agendas, minutes, and sign-in sheets Subtask 1.2. 1.2 Monthly Invoices and Progress Reports
BENEN will manage the project scope, schedule, and budget to ensure efficient delivery and minimize the need for contract amendments. We will accomplish this by preparing and submitting monthly invoices and progress reports to the City. The Progress Reports will include: work completed during the billing period, deliverables submitted, budget expenditures by task for that month’s invoice, work anticipated to be completed in the next reporting period, any problems or obstacles identified during the reporting period affecting schedule and cost, estimated percentage of plan completion by task and milestone (65%, 95%, and 100%), and an updated project schedule.
BENEN will provide timely responses to City inquiries and maintain accurate project records, including decisions, key approvals, and budget tracking documentation. 212
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 2 of 17 In addition, monthly invoices will be accompanied by a budget summary indicating task breakdown for budget, percent complete, spend-to-date, and remaining budget. Invoices will include itemized costs by task, identifying staff, rates, expenses per task, and a copy of any subconsultant invoices. As requested by the City, BENEN will submit invoices monthly on the 15th of each month and will include expenses for the preceding month with the billing period beginning and ending in the same calendar month. (i.e. – The invoice for period January 1 – January 31 would be due on February 15th). Should the 15th fall on a weekend or holiday, the invoice will be due on the next business day.
DELIVERABLES:
- Monthly Invoices, Progress Reports
- Project Actions Items/Decisions Log and Key Approvals Summary Subtask 1.3. Quality Control
BENEN will provide technical resources necessary to ensure that deliverables are complete, and that they meet the City’s requirements. Reviews will be conducted by experienced senior staff and documented using a review form indicating the reviewer’s name, date of the review, and the resolution of any comments.
DELIVERABLES:
- Quality Control Reviews (65%, 95%, and 100%)
Subtask 1.4. Federal Funding Coordination
BENEN will assist the City to acquire the necessary approvals from Caltrans Local Assistance and the California Transportation Commission (CTC) to obtain the allocated federally funds for the project, including but not limited to, the preparation of Requests for Authorizations (RFA) (LAPM Exhibit 3-A) and other required forms and documents to obtain authorizations for purchasing right-of-way and release of construction funds to begin construction (E76).
DELIVERABLES:
- LAPM Exhibit 3-A: Request for Authorizations (RFA) - right-of-way and construction. - Amendments with Caltrans, if necessary.
Subtask 1.5. Public Outreach
1.5.1. PUBLIC OUTREACH Coordination and MEETINGS
- AIM will provide strategic communications counsel regarding messaging, outreach timing, and risk mitigation. AIM will maintain communications logs and coordinate with City PIO as needed for alignment with Citywide messaging.
- AIM will develop a Public Outreach and Communications Plan that includes:
- Engagement goals aligned with design milestones (65%, 95%, 100%). - Key audiences and stakeholder groups along Harbor Blvd, Industrial Blvd, Lake Washington Blvd, and Southport Parkway.
- Risk mitigation strategies for community concerns around construction impacts, truck traffic, and multimodal changes.
- Language access (Spanish required; others as requested). - Communications chain-of-command and approval
procedures.
- Media coordination protocols.
- Outreach Log and summary of notes for one-on-one and small group outreach to ensure early alignment and
mitigate future design conflicts.
213
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 3 of 17 - Plan, coordinate, and support up to two (2) City-led public meetings, which may include community workshops, open houses, and virtual meetings. - Plan and attend up to four (4) pop-up community events (Two (2) per phase) to support the workshop and promote attendance.
- Prepare accessible, visually engaging public-facing materials translated into English, Spanish, and Russian
- Develop and execute a comprehensive notification approach required for federally funded transportation projects, including but not limited to email blasts, fliers, door hangers, social media, and web content.
- BENEN will attend two (2) public outreach meetings.
1.5.2. Public Outreach Exhibits
BENEN will prepare exhibits to support two (2) public outreach meetings. BENEN will submit exhibits for review with City and stakeholders before each outreach meeting.
DELIVERABLES:
- Public Outreach and Communication Plan
- Stakeholder Database
- Website Content Packet
- Public Outreach Meetings (Two (2) total) and Meeting Summaries - Public Outreach Exhibits
- Engagement Summary Reports (65%, 95%, & 100%)
TASK 2. DATA REVIEW AND FIELD INVESTIGATION
BENEN will complete a comprehensive review of the existing Project data that includes as-built drawings, 35% plans, City policies, prepared and approved documents, and in-progress work products. BENEN will request and gather additional information and data as needed.
Based on the data collected, design standards and guidance, and review of Project information, BENEN will assess the completed 35% design, verify assumptions, and confirm consistency with the Project’s objectives, current design standards, and planned budget for Project completion. BENEN will verify assumptions and highlight any special or potential conditions that may impact the final design, either as opportunities or constraints.
BENEN will perform field verification or review of existing conditions as necessary to confirm pavement, roadway, drainage, and other site data.
BENEN will identify any missing or incomplete information necessary to advance the design and summarize findings in a Data Collection Summary Memorandum.
DELIVERABLES:
- Data Collection Summary Memorandum
TASK 3. ENVIRONMENTAL COMPLIANCE (CEQA AND NEPA)
The project will incorporate both federal and State funding and therefore will require environmental clearance for both the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). The City of West Sacramento (City) will act as the CEQA lead agency and the California Department of Transportation (Caltrans) (acting on behalf of the Federal Highway Administration [FHWA]) will act as the NEPA lead agency.
LSA will prepare and support all environmental documentation required for the project.
Environmental compliance will be based on a project description and design for one singlebuild alternative. 214
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 4 of 17 LSA will coordinate regularly with the City, Caltrans, and applicable agencies to ensure alignment, timely review, and environmental compliance. Coordination logs will be prepared to document coordination efforts towards obtaining environmental compliance.
BENEN will ensure all design submittals comply with environmental commitments, mitigation measures, and regulatory requirements.
DELIVERABLES:
- Environmental Coordination Logs.
Subtask 3.1. CEQA Documentation
LSA will assist the City with preparation of the CEQA Notice of Exemption (NOE) for the Statutory Exemption (SE) under SB 288 and SB 922 for the Complete Streets program. LSA assumes that the City will be responsible for filing the NOE with the State Clearinghouse and the Yolo County Clerk/Recorder and paying the associated filing fee.
DELIVERABLES:
- CEQA Notice of Exemption (NOE) (one (1) electronic copy) Subtask 3.2. Environmental Technical Studies
LSA proposes to complete the following technical reports. Additional budget may be required if revisions to previously prepared environmental compliance technical memos are required for any design changes affecting commitments or regulatory obligations.
CULTURAL RESOURCES: LSA will conduct cultural resource technical studies, should they be required, for the City to address requirements of NEPA, CEQA, and Section 106 of the National Historic Preservation Act. LSA will use the guidance defined in the Caltrans 2014 First Amended Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance With Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal-Aid Highway Program in California (Section 106 PA).
LSA will use a previously prepared Area of Potential Effect (APE) map to define the project’s architectural and archaeological setting. Preliminary research indicates that eight parcels adjacent to the project area contain buildings 45 years old or older. LSA further understands that these parcels and their built environment have not been previously evaluated for eligibility for inclusion in a national, State, or local register of historic properties nor have their status as a “historical resource” for the purposes of CEQA been determined.
LSA will use the previously requested records search from the Northwest Information Center (NWIC) and the previously requested Sacred Lands File search and Consulting Parties list from the Native American Heritage Commission (NAHC), as well any responses received from the previously prepared and transmitted Section 106 form letters to inform documentation in this scope.
RESEARCH AND FIELD INVESTIGATIONS: LSA will review historical publications, maps, and aerials as well as archaeological, ethnographic, and environmental literature and publications to identify listed resources in or adjacent to the project area.
An LSA archaeologist and an architectural historian who meets the Secretary of the Interior’s Professional Qualification Standards (36 Code of Federal Regulations [CFR] Part 61) will conduct pedestrian field surveys of the APE and its vicinity to gather information of potential historic properties.
215
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 5 of 17 Assembly Bill (AB) 52, which requires Native American consultation for CEQA projects separate from the Section 106 process, does not apply to projects eligible for a CEQA Statutory Exemption. LSA assumes that AB 52 consultation will not be required.
LSA will contact the Yolo County Historical Society, the Yolo County Historical Museum, and the West Sacramento Historical Society for any information or concerns they may have about built environment cultural resources in the APE.
LSA will complete up to eight California Department of Parks and Recreation (DPR) 523 form records to facilitate their inclusion in the California Historical Resources Information System, and to document the technical basis for their individual and potential collective eligibility for inclusion in the National Register of Historic Places, as warranted.
DOCUMENTATION:
- LSA will use a previously prepared APE map to Caltrans standards for the project. - LSA will prepare a Historical Resources Evaluation Report (HRER) to Caltrans standards for the project.
- LSA will prepare an Archaeological Survey Report (ASR) to Caltrans standards for the project.
- LSA will prepare a Historic Property Survey Report (HPSR) to Caltrans standards for the project.
DELIVERABLES:
- Historical Resources Evaluation Report (HRER)
- Archaeological Survey Report (ASR)
- Historic Property Survey Report (HPSR)
Subtask 3.3. NEPA Documentation
The NEPA document will be a Categorical Exclusion. Caltrans processes NEPA documentation for Local Assistance projects; as a result, no scope items are included for this task.
FHWA is responsible for ensuring that avoidance and minimization measures identified during the NEPA process are implemented in accordance with the FHWA 23 CFR 771.109 (b).
Environmental Commitment Records (ECR) are required to track and document environmental commitments throughout the project delivery process. Once the technical studies have been finalized, LSA will prepare an ECR utilizing the current Local Assistance ECR format or the format requested by Caltrans District 3. The ECR will provide a brief description of each measure, identify the page where the measure can be found in the environmental document, identify the responsible party and timing, and provide signature blocks for certification of completion of the measure.
LSA will maintain and update the ECR throughout the design phase, including updated versions at each major design milestone.
DELIVERABLES:
- NEPA Environmental Commitment Records (ECR) as well as updates, as necessary.
ENVIRONMENTAL REVALIDATION: This scope of work has been prepared based on information provided by the City, BENEN, and our knowledge of the CEQA and NEPA process.
LSA assumes that any required updates to the Transportation Analysis Report would be performed by transportation engineers on the project team. The level of documentation described below is being proposed due to the short period of time that LSA assumes will have passed since the original reports were prepared.
216
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 6 of 17
3.3.1. INITIAL ASSESSMENT/CALTRANS COORDINATION
Following authorization to proceed, LSA will conduct an initial assessment of project impacts based on any changes to the project description and make a preliminary determination of what additional documentation will be required. LSA will then coordinate with Caltrans regarding these findings. It is expected that Caltrans will confirm the previously prepared Technical Studies will be sufficient due to the short period of time between the PA&ED and PS&E phases.
3.3.2. ENVIRONMENTAL DOCUMENTATION (CEQA/NEPA)
LSA will prepare an Environmental Revalidation Form and information sufficient for Caltrans to maintain the validity of the original CE based on the previously prepared technical studies. The environmental document will follow the requirements from FHWA and Caltrans as outlined in the Caltrans NEPA/CEQA Revalidation Form, updated August 2025. LSA is of the opinion that the original documentation is valid with completion of the NEPA Revalidation Form.
NEPA REVALIDATION FORM: LSA will prepare the NEPA/CEQA Revalidation Form and will add continuation sheets as needed to complete the document. A revalidation does not require public circulation, nor does it require public meetings. LSA will provide electronic copies (Microsoft Word and Adobe Portable Document Format [PDF]) of the completed NEPA/CEQA Revalidation Form to the City/Caltrans via email. LSA has budgeted four (4) hours to respond to comments that the City/Caltrans may have on the NEPA/CEQA Revalidation Form.
DELIVERABLES:
NEPA/CEQA Revalidation Form
Subtask 3.4. Permitting
The Yolo HCP/NCCP requires all plan signatories, which includes the City, to apply for coverage for planned projects within the Yolo HCP/NCCP Plan Area. If avoidance and minimization measures (AMMs) for covered species are identified and required, additional permitting for coverage under the Yolo HCP/NCCP will be necessary and is not covered as part of this scope of services.
However, if LSA, as a Yolo HCP/NCCP qualified biological consultant, determines that the project would not affect sensitive natural communities or covered species, the project does not require permit coverage under the Yolo HCP/NCCP. Based on our understanding of the project and the area, LSA believes the project is not likely to affect sensitive natural communities or covered species.
A written assessment outlining the rationale for this determination, including relevant maps and AMMs must be provided to the Yolo Habitat Conservancy. This option is only available if the project is on developed land.
LSA will serve as the liaison between the City, Yolo HCP/NCCP, and any other permitting agencies required for the project.
In addition, LSA will identify any new or additional permits triggered by design refinements and assist the City in preparing supporting documentation.
LSA will establish a permitting implementation plan, including timelines and integration with preliminary engineering, environmental mitigation, and final design.
YOLO HCP/NCCP APPLICATION: LSA will complete all screening forms, figures and attachments as required by the Yolo Habitat Conservancy to determine if the project qualifies for permit coverage. LSA will submit the forms to the Conservancy, on behalf of the City. 217
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 7 of 17 DELIVERABLES:
- Yolo HCP/NCCP Screening Forms
TASK 4. TOPOGRAPHIC SURVEY AND RIGHT-OF-WAY MAPPING
Most of the project activities will be performed within the City’s right-of-way; however, pursuant to the Right-of-Way (ROW) exhibit prepared during Phase 1, the project will necessitate the acquisition of Temporary Construction Easements (TCEs) and certain fee interests. The BENEN Team will verify, supplement, and update all survey and ROW data, and will assist the City with securing all required ROW-related approvals and coordinating with applicable stakeholders.
Subtask 4.1. Topographic Surveying and Base Mapping
UNICO will review and verify the existing topographic survey prepared for the 35% design phase. UNICO will utilize the identical previous project survey control for overall consistency.
Horizontal and Vertical controls were derived from City of West Sacramento Datum. The design team and UNICO will review the existing aerial topographic survey and mapping as part of the pavement rehabilitation project and determine the supplemental topographic needs to complete the project.
By means of conventional survey methods, UNICO will perform design level (non-aerial) topographic surveys along portions of the project corridor as needed for final design. Items to locate will include curbs, gutters, sidewalks, flowlines, pavement, grade breaks, striping, medians, shoulders, ditches, fences, walls, trees, major landscaping features, driveways, signs, poles, signals, valves, vaults, meters, hydrants, inlets, manholes, and all visible utilities and features, including any USA markings (to be coordinated by the design or Geotech team).
UNICO will perform detailed topographic surveys at curb ramps requiring upgrades for ADA assessment and design. UNICO will locate curb ramp details such as sidewalk, ramps, landings, expansion joints, curbs, gutters, lip of gutter, pavement cross slopes for conform, signals, boxes, poles, and other visible features. UNICO will survey 20’ beyond existing curb returns for conforms. UNICO will dip all relevant storm drain inlets and manholes within the project limits for invert elevation, pipe size, and flow direction. UNICO will map all topographic features in AutoCAD format to include full mapping, 1’ contours and 3D surface.
For this proposal, UNICO will assume eighty (80) hours of field crew hours for supplemental topographic surveying as needed. UNICO will set durable control along the project corridor for surveys and future construction control.
DELIVERABLES:
- Additional topographic surveys as necessary to support final design. - Identify existing utilities from record drawings and field investigation. - Confirm utility locations and potential conflicts impacting the Project. - AutoCAD Base File.
- Point Files.
Subtask 4.2. Boundary and Right-of-Way Mapping
UNICO has performed preliminary right-of-way and boundary surveys for earlier phases of the project. To complete the right-of-way and boundary mapping, UNICO will research record of surveys, parcel maps, subdivision maps, highway maps, corner record cards, deeds, and other recorded information to map the existing right-of-way, easements, dedications and adjacent properties along the project corridor.
UNICO field crews will search and tie existing property monuments such as monument wells, iron pipes, spikes, pins, and other record boundary markers. UNICO will resolve right-of-way 218
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 8 of 17 from record information and field surveys and provide an AutoCAD based right-of-way base drawing. UNICO will purchase thirteen (13) title reports as needed for the project. All found monuments will be mapped into the right-of-way base drawing as a means for monument preservation activities during the construction phase.
DELIVERABLES:
- AutoCAD Right-of-Way Base File.
- Maps and Right-of-Way Documents.
- Preliminary Title Reports (thirteen (13) total).
TASK 5. UTILITY COORDINATION
BENEN will coordinate with all utilities, including the proposed Broadband Internet Infrastructure, within the project limits to ensure the design accommodates existing utility infrastructure and minimizes potential conflicts. All activities shall comply with the Caltrans Right-of-Way Manual (Chapter 13) and the LAPM (Chapter 14) utility coordination procedures.
All utility coordination efforts will be tracked using our internal utility tracking process. BENEN will provide regular summaries to the City related to the status of utility impacts or relocations.
Subtask 5.1. Utility Verification
BENEN will prepare and provide exhibit(s) to accompany the Utility Verification request at the initiation of the project. BENEN will map the existing utilities based on as-built plans, utility maps, field observations, and topographic survey of aboveground utilities.
BESS will perform utility investigation services using industry-acceptable methods (i.e., electronic pipe and cable locating equipment, Ground Penetrating Radar (GPR) with Real-Time Kinematic Positioning (RTK), Pipeline Current Mapper (PCM), etc.) to determine the approximate horizontal position and count of existing utilities within the areas designated by BENEN. For utilities running parallel on the road (north of the Sacramento River), data points will be collected every 100-ft. For utilities parallel on the road (south of the Sacramento River), data points will be collected every 400ft. For utilities crossing the road, a total of three (3) data points will becollected. Gravity lines such as sewer, storm sewer, irrigation, etc., typically cannot be located using the above methods due to lack of tracer wire or depth of the utility being beyond the limitations for GPR/RTK. A report will be provided in PDF format, along with the RTK coordinates in a KMZ file.
DELIVERABLES:
- Utility Base Maps.
- Utility Report, pdf
- RTK Coordinates, KMZ
Subtask 5.2. Conflict Resolution
BENEN will send the conflict map with a request of liability determination to each impacted utility company. Utility conflicts identified will be mitigated with a design that minimizes impacts to the existing facilities. Upon completion of CEQA and NEPA, we will request relocation plans (if necessary) from the utility companies. We will begin the Report of Investigation (ROI) at this time and prepare the draft Notice to Owner (NTO), along with any Utility Agreements (UA) and send them to the Caltrans District Local Assistance Engineer (DLAE) and District Right-of-Way Utility Coordinator for review and approval of the ROI, NTO and UA (if applicable).
BENEN assumes up to three (3) field meetings with utility owners, the City, and the Caltrans Utility Coordinator to review and verify impacts to utilities (if any). 219
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 9 of 17 DELIVERABLES:
- Utility Conflict Maps
- Utility Claim Letters
- Report of Investigation (ROI)
- Draft Notice to Owner (NTO), if required
- Draft Utility Agreements, if required
- Utility Coordination Meetings (three (3) total).
- Utility Owner Relocation Plans
Subtask 5.3. Potholing
BESS will perform utility potholes using Air-vacuum excavation at predetermined locations to document the precise horizontal and vertical position of existing utilities within the investigation area.
BESS will use Hydro-vac to perform 20PH up to 7ft deep. All potholes will be restored to city specification (assume class 2AB backfill & 2x2 T-cut/ Hot-patch). Data collected as a result of potholing activities will be presented in a PDF report that will include: utility type, size, material, depth and pictures of the exposed utility. Pothole locations (in the field) will be marked with wooden lath and ribbon marked with the pothole number, utility size and depth or MAG nail with pertinent utility data annotated on the ground surface. Once the utility data has been collected the pothole will be restored to its previous condition using native backfill and the appropriate surface restoration materials.
BESS will acquire the encroachment permit with the City to perform the necessary investigations. It is assumed there will not be a City fee to process the encroachment permit to perform work. BESS will provide necessary traffic control measures during fieldwork.
DELIVERABLES:
- Pothole Report (Assume twenty (20) potholes)
Subtask 5.4. Notify the Owner (NTO)
BENEN will coordinate the delivery of the NTO, which will clearly define the impacted facility, the owner’s conflict resolution plan number and date, and the estimated completion date and liability percentage. If the utility company wishes to have the City’s contractor perform the work, a Utility Agreement (UA) will be prepared and sent to the utility company with the NTO.
Upon receiving the NTO, utility companies without a Utility Agreement shall relocate their utility at this point. Upon resolution of all utility conflicts and concurrence on all liability from utility companies, BENEN will fill out the utility section of the Right-of-Way Cert (Exhibit 13-B) and provide it to the City for submittal to Caltrans.
DELIVERABLES:
- Final Notice to Owner (NTO), if required.
- Final Utility Agreements, if required.
TASK 6. UNION PACIFIC RAILROAD (UPRR) COORDINATION
In Phase 1, BENEN completed the following UPRR Coordination tasks:
- Coordinated with UPRR for potential widening, pavement rehabilitation work, and installation of sidewalk crossings within the railroad right-of-way. - Participated in the diagnostic meeting with UPRR and the California Public Utilities Commission (CPUC).
- Prepared the UPRR Exhibit that is currently in review by UPRR and CPUC. 220
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 10 of 17 - In Phase 2, BENEN will continue to work with UPRR and CPUC to incorporate Phase 2 design changes, including pavement rehabilitation, sidewalk crossings, or any roadway modifications within the railroad right-of-way.
- BENEN will assist the City in preparing and submitting the GO-88B forms, right-of-entry permits, or supplemental documentation required to advance the project to construction. - BENEN will assist the City with preparing, reviewing, and incorporating requirements for the Construction and Maintenance Agreement with UPRR, ensuring that all design and construction elements comply with the agreement’s terms. - BENEN will attend coordination meetings with UPRR and CPUC as needed to resolve design or permitting issues.
- BENEN will document all coordination activities, approvals, and requirements that must be incorporated into the design, right-of-way, or construction plans.
DELIVERABLES:
- GO-88B Form.
- UPRR Right of Entry Permit/Encroachment Permit.
- Construction and Maintenance Agreements.
- Coordination Log/Meeting Minutes.
TASK 7. GEOTECHNICAL PAVEMENT EVALUATION
Geocon will evaluate the existing pavement structural section and subsurface soil conditions along the project alignment and provide geotechnical design and construction recommendations for the proposed complete street improvements as presently proposed, where the previous pavement evaluation was focused on pavement rehabilitation and included recommendations for pavement preservation treatments, hot-mix asphalt (HMA) overlay, fulldepth reclamation (FDR), and removal and replacement. Geocon’s project approach will generally include the following:
Perform a limited geologic/geotechnical literature review and review any as-built information for the site and vicinity. Geocon will review their previous geotechnical report for the project.
Notify subscribing utility companies via Underground Service Alert (USA) for a minimum of two (2) working-days (as required by law) prior to performing exploratory excavations at the site.
Obtain an encroachment permit from the City of West Sacramento to perform exploratory excavations in the City right-of-way. Since this is a City project, we assume that any fee for the permit will be waived.
Since planned boring depths will not reach 20 feet, a drilling permit from the Yolo County Environmental Health Division (YCEHD) is not required.
Perform up to ten (10) borings at selected locations along the project alignment using a truckmounted drill rig equipped with auger drilling equipment.
Log the borings in accordance with the Unified Soil Classification System (USCS).
Upon completion, backfill the borings with soil cuttings or neat cement grout and patch the cores with rapid-set concrete dyed black. We assume that a more extensive surface repair consisting of a minimum 2’ x 2’ square sawcut, removal of old asphalt, and re-paving with new HMA will not be required. If this is required, additional fees will apply for the repair operation and additional traffic control.
Geocon will update their previous report to include conclusions and recommendations with respect to the proposed complete street improvements. Geocon will submit a draft report for design team review. Geocon will address any comments prior to finalizing the report. Geocon 221
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 11 of 17 will review the progress project plans and specifications to verify recommendations have been properly implemented and/or provide additional recommendations, if necessary.
TASK 8. AERIALLY DEPOSITED LEAD (ADL) SURVEY
Subtask 8.1. ADL Survey Report
Geocon will provide the following ADL Survey services:
- Advance forty-eight (48) soil borings along the shoulders of a 3.5-mile section of Harbor Boulevard, Industrial Boulevard, and Southport Parkway in West Sacramento using hand auger sampling equipment. Geocon will collect soil samples at depth intervals of 0 to 1 and 1 to 2 feet from each boring, then will backfill the borings with the excavated soil materials. They will note general soil types encountered in the borings on the daily field log.
- Perform quality assurance/quality control procedures during the field exploration activities. - Analyze each soil sample for total lead following United States Environmental Protection Agency (USEPA) Test Method 6010B (ninety-six (96) samples). - Analyze samples with total lead concentrations between 50 and 1,000 milligrams per kilogram (mg/kg) for soluble lead using the Waste Extraction Test (WET) method, USEPA Test Method 7000, where necessary (assume up to thirty-six (36) samples). - Analyze soil samples with total lead concentrations greater than 1,000 mg/kg for Toxic Characteristic Leaching Procedure (TCLP) for soluble lead, where necessary (assume up to twelve (12) samples).
- Prepare a report to present our findings and conclusions.
ASSUMPTIONS:
- BENEN will coordinate site access/permission to enter. - Encroachment permits and/or access agreements are not required or have been obtained by others.
- Traffic control will not be required to perform the survey work.
TASK 9. RIGHT-OF-WAY APPRAISAL AND ACQUISITION
Subtask 9.1. Project Coordination and Management
Interwest will provide the following services:
Attend meetings with the City, including the initial kick-off meeting. Meeting minutes, agendas and reports are provided as directed. Provide and maintain title, appraisal, acquisition, and relocation database/status reports for all project personnel to access.
Escrow Coordination. Provide coordination services with the escrow company, opening escrows, and facilitating escrows for the acquired property.
Data Management. Interwest will use QuickBase as a project management tool for tracking project-related tasks and milestones, as well as customized dashboards for monitoring individual performance efficiency, timelines, and cost containment strategies. Interwest’s reports will be tailored to the City’s specifications to provide the critical information necessary for management decisions.
Project Close-Out. Provide the services required to finalize and close out the project according to the Uniform Act, as amended, Federal Highway Administration (FHWA) regulations and California law.
BENEN will provide the following services:
- BENEN will prepare right-of-way exhibits to assist communication with property owners. 222
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 12 of 17 - BENEN will coordinate staged construction design with affected property owners.
Subtask 9.2. Title Services
Interwest will provide the following services:
- Preliminary Title Report Review. Interwest’s qualified staff will review the Preliminary Title Reports (PTR) to inspect each report for accuracy of the stated ownership, Assessor Parcel Numbers, and other pertinent information. Additionally, as applicable, the listed liens, encumbrances, and/or mortgages, etc., will be analyzed to determine if consents/subordinations are required to clear title.
Subtask 9.3. Primary Appraisal
Interwest will provide the following services:
- Notice of Intent to Appraise. Prepare the Notice of Intent to Appraise letter for each property, advising the property owners of the proposed project, introducing the appraiser, and providing contact information to answer questions and concerns. - Conduct Appraisal Inspection. An appraisal inspection will be conducted to become familiar with the physical and functional characteristics of the impacted parcels, as well as to distinguish the influence of the immediate physical environment. - Obtain Appraisals. Obtain appraisals and summary of value statements for each acquisition prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, other applicable federal laws, California laws, and Uniform Standards of Professional Appraisal Practices (USPAP). Record information into the database and properly disperse appraisal reports.
- Just Compensation. Upon completion of the appraisal, the appraiser will complete a Summary of Just Compensation report to establish the highest and best use valuation.
Subtask 9.4. Appraisal Review
All appraisal review assignments will comply with Standard Rule 3 of USPAP. The scope of work for an appraisal review will include the following steps:
Determine the Report’s Completeness. Develop an opinion as to the completeness of the material under review, given the review appraiser’s scope of work.
Form an Opinion. Given the review appraiser’s scope of work, develop an opinion as to the following: 1) the adequacy and relevance of the data and the propriety of any adjustments to the data; 2) the appropriateness of the appraisal methods and techniques used and reasons for any disagreement; 3) the appropriateness and reasonability of the analyses, opinions, conclusions, and reasons for any disagreement; and 4) whether the appraisal can be used to establish fair market value for the subject parcel.
Make a Recommendation. Determine whether the primary appraiser’s estimate of fair market value should be used as just compensation for the proposed acquisition.
Subtask 9.5. Acquisition: Settlements and Closings
Interwest will provide the following services:
- Offer Letter. Prepare and present the written offer letter to the property owner, along with the appraisal summary of value, purchase agreement, deeds, escrow instructions, brochure, and agent’s business card upon the initiation of negotiations, after review and approval by the City’s representative. Submit all legal documents for the City’s legal counsel to review when language is added, deleted, or revised. - Acquisition and Negotiation. Conduct negotiations for the acquisition of each parcel in accordance with all federal and state policies and procedures, including making the initial purchase offer in person when the owner resides in the project area, if possible. Offers to 223
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 13 of 17 out-of-area owners will be sent via certified mail with a return receipt (Total thirteen (13) parcels are assumed)
- Administrative Settlement Recommendations. Provide the City with a written recommendation and support documentation for all counter offers and proposed settlement terms for review and approval.
- Open and Monitor Escrows. Coordinate with the selected title company and open escrows on all purchases.
- Contact Documentation. Thoroughly document contact with property owners and/or their representatives, indicating attendees, time and place of meetings. Documentation includes thorough diaries and copies of all correspondence and emails. - Close-Out Acquisition File. Complete a final quality assurance/quality control review on the file for close-out, provide final status reports to the City, and deliver final files to the City upon completion of the project. Project information will be available via cloud-based storage.
Subtask 9.6. Right-of-Way Certification
Interwest will coordinate with the City and Caltrans to prepare the Right-of-Way Certification for submission to Caltrans, ensuring all ROW activities are complete and compliant to advance to construction, as required by Chapter 13, Section 13.10 of the Caltrans Local Assistance Procedures Manual. Our process includes the following:
Coordination. Coordinate with Caltrans Local Assistance or Local Programs to ensure that project requirements are underway. This includes ensuring that the City has completed all necessary documents to begin the certification process, (e.g., the E-76 application for Construction/Right-of-way).
Delivery. Package and deliver a hard copy of the certification directly to the Caltrans District Office and provide an electronic copy to the City.
Revisions. Interwest will coordinate revisions between Caltrans and the City, as necessary, and work with the client to ensure that all schedules of right-of-way certifications are met before the project proceeds to construction.
Subtask 9.7. Plats and Legal Descriptions
UNICO will prepare plats, legal descriptions and closure calculations for acquisitions and temporary construction easements (TCE) as needed for the project. The exact number and locations will be better understood during design. For this proposal, UNICO will assume that a total of thirteen (13) plats and legal descriptions will be needed. UNICO will request exhibits and CAD files be provided by the design team for the preparation of all plats and legal descriptions. UNICO will prepare preliminary plats and legal descriptions for review. Upon approval, UNICO will prepare final signed and stamped PDF plats and legal descriptions. All plats and legal descriptions will be prepared in accordance with the City of West Sacramento standards.
DELIVERABLES:
- PDF Plats and Legal Descriptions (thirteen (13) total).
Subtask 9.8. [OPTIONAL] Acquisition Right-of-way Staking If required, UNICO is available to set “show me stakes” of any proposed acquisitions and/or TCE’s for visual purposes for property owners. UNICO will set survey stakes or paint markings alongside all acquisition and TCE alignments at intervisible locations. UNICO will request CAD files from the design team to prepare calculations for staking. It is estimated that three (3) mobilizations will be required for staking activities.
224
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 14 of 17 DELIVERABLES:
- Set “Show me Stakes” for Acquisitions and TCEs, if required.
TASK 10. 65% DESIGN
Subtask 10.1. 65% Plans, Specifications, and Estimate
BENEN will prepare the 65% improvement plans, specifications, and engineer’s estimates (PS&E) in accordance with City of West Sacramento and Caltrans standard specifications. The deliverables will support internal City review, Caltrans review, environmental compliance, and preliminary utility and right-of-way coordination.
The BENEN team will include a complete set of construction drawings including the following:
- Title Sheet - 1
- General Notes/Legend/Abbreviations - 1
- Survey Control - 1
- Typical Cross Sections - 3
- Demolition Plans - 10
- Layouts - 10
- Construction Details – 5
- Drainage Plans, Profiles, and Details – 17
- Utility Plans and Details – 12
- Striping and Signing Plans - 10
- Construction Area Signs – 1
- Stage Construction and Traffic Handling/Detour Plans – 3 - Irrigation and Landscaping Plans – 12
- Broadband Internet Infrastructure Plans – 5
- Traffic Signal and Lighting Plans - 14
Total Drawings: 105
BENEN will prepare traffic signal modification PS&E for the following and intersections:
- Southport Parkway/Ramco Street
- Southport Parkway/Lake Washington Boulevard
- Industrial Boulevard/Terminal Street
- Industrial Boulevard/Harbor Boulevard
- Harbor Boulevard/Del Monte Street
- Harbor Boulevard/Beacon Boulevard
- Harbor Boulevard/US 50 EB Ramps
The signal modifications will be limited to replacing damaged detector loops with video/radar detection system(s) or new detector loops. No video/radar detection system(s) will be installed for the south leg of the Harbor Boulevard/US-50 EB ramps intersection since it is a Caltrans signal.
An outline of the technical specifications will be prepared using the City’s Standard Specifications format.
Comments received from the City will be tabulated; responses will be addressed and incorporated into the project plans as necessary.
DELIVERABLES:
- Lighting Photometric Analysis.
- A PDF set of the Plans, Specifications, and Estimate at the 65% level. 225
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 15 of 17 - 65% QAQC Documentation.
TASK 11. 95% DESIGN
Subtask 11.1. 95% Plans, Specifications, and Estimate
BENEN will prepare 95% PS&E incorporating feedback from the City and stakeholder review of the 65% package. Deliverables will be fully coordinated with right-of-way, utility, and environmental requirements.
DELIVERABLES:
- Plans, Specifications, and Estimates at the 95% level, Comment Response Table, comments from previous submittal.
- ROIs and Utility Agreements.
Subtask 11.2. 95% Constructability and Biddability Review UNICO will perform a systematic review of the Plans, Specifications, and Estimate (PS&E). The review will consider access during construction, traffic control and phasing, utility relocations and impacts, work zone clearances during operations, impacts to the public, environmental constraints and mitigations, geotechnical considerations, survey and staking information, line and grades, roadway geometry and details, existing conditions, transitions and conforms, and specialty construction items. UNICO will prepare a matrix with the review comments, a memo including recommendations from their constructability review as well as any other pertinent information, and a set of redline plans.
More specifically the review will verify plan notes, conflicts between specifications and special provisions or references, quantity calculations, bid item descriptions and exclusions, measurement and payment clauses, and versioning of standard plans and specifications.
UNICO will prepare a project schedule to verify the number of working days specified is appropriate based on construction constraints and lead times for materials and permits.
DELIVERABLES:
- Matrix of Comments.
- Constructability Review Memo.
- Biddability Review Memo.
- “Redline” Markups of the PS&E.
- Construction Schedule.
- 95% QAQC Documentation.
TASK 12. 100% DESIGN
Subtask 12.1. 100% Plans, Specifications, and Estimate
BENEN will prepare and submit to the City for final review of the Draft Final PS&E that incorporates comments from the constructability review of the 95% PS&E package. The submittal will include a response to comments log.
Upon verification of all comments incorporated, BENEN will prepare and submit the stamped Final (100%) PS&E fully ready for advertisement and construction. Deliverables will be fully coordinated with right-of-way, utility, and environmental requirements.
DELIVERABLES:
- Draft Final PS&E, Comment Response Table, comments from previous submittal. - Final (100%) PS&E stamped and signed by a CA registered PE. - 100% QAQC Documentation.
226
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 16 of 17 TASK 13. CALTRANS ENCROACHMENT PERMIT SUPPORT
BENEN will assist the City with securing the Caltrans Encroachment Permit for the improvements within Caltrans right-of-way along Harbor Boulevard.
DELIVERABLES:
- Draft Caltrans Encroachment Permit Application (65% & 95%) - Final Caltrans Encroachment Permit Application (100%) TASK 14. BROADBAND INTERNET INFRASTRUCTURE DESIGN
Subtask 14.1. 65% Broadband Utility Plans, Specification, and Estimate The BENEN team will prepare, compile and submit 65% Utility Plans, Specification Outline, and Estimate to the City for review and comment. The design documents will be prepared using the City’s Standard Specifications.
The BENEN team will include a complete set of construction drawings including the following:
Broadband Utility Plans and Details (Total five (5) sheets). The technical specifications will be prepared using the City Standard Specifications format.
Comments received from the City will be tabulated; responses will be addressed and incorporated on the project plans as necessary.
DELIVERABLES:
- PDF copy of the 65% Broadband Utility Plans, Specifications and Estimate.
ASSUMPTIONS:
- All proposed vaults will be installed within the existing City right-of-way.
Subtask 14.2. 95% Broadband Utility Plans, Specifications, and Estimate (PS&E) The BENEN Team will prepare and submit 95% PS&E to the City for review and comment.
Review comments received from the City will be tabulated; responses will be addressed and incorporated in the subsequent PS&E submittal.
DELIVERABLES:
- 95% Broadband Utility PS&E, Comment Response Table, comments from previous submittal.
- Broadband Utility Relocation Plans (by others).
- Broadband Utility Agreements.
Subtask 14.3. 100% Broadband Utility Plans, Specifications, and Estimate (PS&E) BENEN will prepare and submit to the City for final review the Draft Final Broadband Utility PS&E that incorporates comments from the constructability review of the 95% Broadband Utility PS&E package. Submittal will include a response to comments log.
Upon verification of all comments incorporated, BENEN will prepare and submit the stamped Final (100%) Broadband Utility PS&E.
DELIVERABLES:
- 100% Broadband Utility PS&E, Comment Response Table, comments from previous submittal
227
Exhibit A: Scope of Services
City of West Sacramento: Southport to Harbor Roadway
p253064-W Sac-Southport to Harbor Roadway\p253064-Prelim Scope-Fee Initials _______ Page 17 of 17 TASK 15. (OPTIONAL) BIDDING AND CONSTRUCTION SUPPORT
Subtask 15.1. Bidding Support
BENEN will attend one (1) pre-bid meeting and help address any Request for Information (RFI) the contractors may have during the meeting. BENEN will then summarize the responses to questions and prepare an addenda document to ensure the information provided in the meeting is documented and made available through an addendum as necessary. BENEN will assist City staff with reviewing bids received for responsiveness and reasonableness. Assumes one (1) pre-bid meeting.
DELIVERABLES:
- One (1) pre-bid meeting.
- Responses to RFIs.
- Prepare Addenda, as necessary.
Subtask 15.2. Construction Support
BENEN will attend the preconstruction meeting and help address any questions the contractor might have regarding the plans prior to them breaking ground. BENEN will work closely with the City’s construction management (CM) team. BENEN will assist City staff to review shop drawing submittals, address any RFI’s that come up during construction, and provide recommendations to the City and CM about change order requests. Assumes one (1) preconstruction meeting and up to two (2) field meetings.
DELIVERABLES:
- One (1) preconstruction meeting.
- Two (2) field meetings.
- Responses to RFIs.
- Prepare CCOs, as necessary.
Subtask 15.3. Prepare As-built Drawings
BENEN will ensure drawings reflect all approved design modifications and field changes BENEN will provide one (1) complete set of record drawings, both in electronic and hard copy format, showing as-built changes as marked up by the Resident Engineer. 228
Bennett Engineering Services
CPE26-001– Southport to Harbor Roadway Project
Expires 12/31/2029
2388811.1 7203.543 19 rev 12/4/23
EXHIBIT B
Schedule of Performance
Contract Start Date 1/21/2026
Contract End Date 12/31/2029
229
Bennett Engineering Services
CPE26-001– Southport to Harbor Roadway Project
Expires 12/31/2029
2388811.1 7203.543 20 rev 12/4/23
EXHIBIT C
Schedule of Fees
230
City of West Sacramento
Engineering Design Southport to Harbor Roadway
City Project No. 25-082
Federal ID 5447(059)
12/29/2025 Attachment A: Fee Table
. SUBCONSULTANTS Engineer 10, Keith Rhodes Engineer 10, Kin Chan Engineer 9, Sandy Wong Engineer 8, Carlton Allen Engineer 7, Don Jones Engineer 6, Lizette Zavala Engineer 6, Paul Anderson Engineer 6, Jonathan Edholm Engineer 5, Kirk Meyer Engineer 5, Marisa Ringlstetter Engineer 4, Julie Varnedoe Engineer 4, Jason Nguyen Engineer 3, Anson Huynh Engineer 2, Chandler Kelly Engineer 2, Suong Vong Engineer 1, Malak Al-Qudsi Designer/Tech 6, Brandon Michel Project Manager Assistant, Theresa Allen Labor Cost Without Esc. . $315.65 $308.61 $276.96 $242.42 $227.65 $199.97 $196.91 $179.11 $171.19 $164.09 $152.46 $152.16 $125.92 $119.97 $99.82 $109.21 $184.35 $148.06
1.0 $11,390.59
1.1 256 10 60 4 4 100 434 $112,169.71 $112,169.71
1.2 12 24 36 $7,341.37 $7,341.37
1.3 10 24 40 74 $21,641.58 $21,641.58
1.4 6 12 6 24 $5,368.17 $5,368.17
1.5 28 48 56 56 188 $37,004.55 $37,004.55
1.5.1 24 32 16 16 88 $19,279.70 $19,279.70 $60,954.17
1.5.2 4 16 40 40 100 $17,724.84 $17,724.84
312 34 40 120 4 62 4 56 124 756 $183,525.38 $183,525.38 $11,390.59 $60,954.17 312 34 40 120 4 62 4 56 124 756 $183,525.38 $183,525.38 $11,390.59 $60,954.17
2.0 $3,263.13
2 2 2 12 18 $4,103.44 $4,103.44
2 2 2 12 18 $4,103.44 $4,103.44 $3,263.13
2 2 2 12 18 $4,103.44 $4,103.44 $3,263.13
3.0 3.1 2 4 6 $1,431.17 $1,431.17 $74,005.23
3.2 4 16 16 36 $7,327.82 $7,327.82
3.3 2 8 10 $2,231.05 $2,231.05
3.4 3.4.1 2 8 10 $2,231.05 $2,231.05
3.4.2 2 8 10 $2,231.05 $2,231.05
3.5 4 8 12 $2,862.35 $2,862.35
16 52 16 84 $18,314.48 $18,314.48 $74,005.23
16 52 16 84 $18,314.48 $18,314.48 $74,005.23
4.0 4.1 2 4 6 $1,116.37 $1,116.37 $45,419.42
4.2 2 4 6 $1,116.37 $1,116.37 $22,682.60
4 8 12 $2,232.74 $2,232.74 $68,102.02
4 8 12 $2,232.74 $2,232.74 $68,102.02
5.0 5.1 2 8 8 18 $3,663.91 $3,663.91 $51,689.67
5.2 2 24 62 50 138 $24,158.27 $24,158.27
5.3 2 4 4 10 $2,147.61 $2,147.61 $57,420.66
5.4 2 30 20 52 $10,212.51 $10,212.51
8 66 94 50 218 $40,182.30 $40,182.30 $109,110.33
8 66 94 50 218 $40,182.30 $40,182.30 $109,110.33
6.0 $1,343.19
24 60 60 144 $30,320.20 $30,320.20
24 60 60 144 $30,320.20 $30,320.20 $1,343.19
24 60 60 144 $30,320.20 $30,320.20 $1,343.19
7.0 2 4 6 $1,431.17 $1,431.17 $11,850.80
2 4 6 $1,431.17 $1,431.17 $11,850.80
2 4 6 $1,431.17 $1,431.17 $11,850.80
8.0 2 4 6 $1,431.17 $1,431.17 $14,710.87
2 4 6 $1,431.17 $1,431.17 $14,710.87
2 4 6 $1,431.17 $1,431.17 $14,710.87
9.0 9.1 8 30 80 118 $20,721.09 $20,721.09 $179,858.85
9.2 4 4 $799.87 $799.87 $11,050.00
9.3 2 4 6 $1,431.17 $1,431.17 $58,500.00
9.4 2 4 6 $1,431.17 $1,431.17 $26,000.00
9.5 2 4 6 $1,431.17 $1,431.17
9.6 2 4 6 $1,431.17 $1,431.17
9.7 2 8 10 $2,231.05 $2,231.05 $18,847.64
18 58 80 156 $29,476.70 $29,476.70 $275,408.85 $18,847.64 18 58 80 156 $29,476.70 $29,476.70 $275,408.85 $18,847.64
10.0 $12,293.94
24 28 30 80 120 80 96 32 80 460 40 48 580 49 40 120 1,907 $300,477.11 $300,477.11 24 28 30 80 120 80 96 32 80 460 40 48 580 49 40 120 1,907 $300,477.11 $300,477.11 $12,293.94 24 28 30 80 120 80 96 32 80 460 40 48 580 49 40 120 1,907 $300,477.11 $300,477.11 $12,293.94
11.0 $5,574.03
11.1 16 18 16 16 40 32 62 20 30 200 16 32 250 32 20 40 840 $133,573.04 $133,573.04
11.2 4 4 16 8 16 16 64 $11,350.55 $11,350.55 $17,716.02 20 18 16 16 44 48 70 20 46 200 16 32 266 32 20 40 904 $144,923.60 $144,923.60 $5,574.03 $17,716.02 20 18 16 16 44 48 70 20 46 200 16 32 266 32 20 40 904 $144,923.60 $144,923.60 $5,574.03 $17,716.02
12.0 $6,675.60
12.1 8 13 8 8 8 20 16 13 38 9 24 46 24 10 20 265 $44,482.48 $44,482.48 8 13 8 8 8 20 16 13 38 9 24 46 24 10 20 265 $44,482.48 $44,482.48 $6,675.60 8 13 8 8 8 20 16 13 38 9 24 46 24 10 20 265 $44,482.48 $44,482.48 $6,675.60
13.0 8 40 40 88 $17,688.26 $17,688.26
8 40 40 88 $17,688.26 $17,688.26
8 40 40 88 $17,688.26 $17,688.26 Callander Associates Geocon Interwest LSA Unico Bennett Engineering Services TASK HOURS TASK COSTS BESS Testlab AIM Consulting
PROJECT MANAGEMENT AND COORDINATION
Meetings and Coordination
Monthly Invoices and Progress Reports
Quality Control
Federal Funding Coordination
Public Outreach
Public Outreach Meetings and Coordination
Public Outreach Exhbits
Total Task 1
Subtotal Task 1
DATA REVIEW AND FIELD INVESTIGATION
Data Review and Field Investigation
CEQA Documentation
Environmental Technical Studies
NEPA Documentation
Environmental Revalidation
Initial Assessment/Caltrans Coordination
Environmental Documentation (CEQA/NEPA)
Total Task 2
Subtotal Task 2
ENVIRONMENTAL COMPLIANCE (CEQA & NEPA)
Permitting
Total Task 3
Subtotal Task 3
TOPOGRAPHIC SURVEY AND RIGHT-OF-WAY MAPPING
Topographic Surveying and Base Mapping
Boundary and Right-of-Way Mapping
UTILITY COORDINATION
Utility Verification
Conflict Resolution
Potholing
Total Task 4
Subtotal Task 4
Notify the Owner
Total Task 5
Subtotal Task 5
UPRR COORDINATION
UPRR Coordination
Total Task 6
Subtotal Task 6
GEOTECHNICAL PAVEMENT EVALUATION
Geotechnical Pavement Evaluation
Total Task 7
Subtotal Task 7
AERIALLY DEPOSITED LEAD (ADL) SURVEY
ADL Survey Report
Total Task 8
Subtotal Task 8
RIGHT OF WAY APPRAISAL AND ACQUISITIONS
ROW Project Coordination and Management
Title Services
Primary Appraisal
Appraisal Review
Acquisition: Settlements and Closings
Right-of-Way Certification
Plats and Legal Descriptions
Total Task 9
Subtotal Task 9
65% DESIGN
65% Plans, Specifications, and Estimate
Total Task 10
Subtotal Task 10
95% DESIGN
95% Plans, Specifications, and Estimate
95% Constructability and Biddability Review
100% DESIGN
100% Plans, Specifications, and Estimate
Total Task 11
Subtotal Task 11
Total Task 12
Subtotal Task 12
CALTRANS ENCROACHMENT PERMIT SUPPORT
Caltrans Encroachment Permit Support
Subtotal Task 13
Total Task 13
231
City of West Sacramento
Engineering Design Southport to Harbor Roadway
City Project No. 25-082
Federal ID 5447(059)
12/29/2025 Attachment A: Fee Table
. SUBCONSULTANTS Engineer 10, Keith Rhodes Engineer 10, Kin Chan Engineer 9, Sandy Wong Engineer 8, Carlton Allen Engineer 7, Don Jones Engineer 6, Lizette Zavala Engineer 6, Paul Anderson Engineer 6, Jonathan Edholm Engineer 5, Kirk Meyer Engineer 5, Marisa Ringlstetter Engineer 4, Julie Varnedoe Engineer 4, Jason Nguyen Engineer 3, Anson Huynh Engineer 2, Chandler Kelly Engineer 2, Suong Vong Engineer 1, Malak Al-Qudsi Designer/Tech 6, Brandon Michel Project Manager Assistant, Theresa Allen Labor Cost Without Esc. . $315.65 $308.61 $276.96 $242.42 $227.65 $199.97 $196.91 $179.11 $171.19 $164.09 $152.46 $152.16 $125.92 $119.97 $99.82 $109.21 $184.35 $148.06 Callander Associates Geocon Interwest LSA Unico Bennett Engineering Services TASK HOURS TASK COSTS BESS Testlab AIM Consulting
14.0 14.1 2 2 2 12 12 12 50 64 156 $23,489.18 $23,489.18
14.2 2 2 2 4 6 6 28 33 83 $12,757.05 $12,757.05
14.3 2 2 2 2 2 2 6 6 24 $4,390.99 $4,390.99
6 6 6 18 20 20 84 103 263 $40,637.22 $40,637.22
6 6 6 18 20 20 84 103 263 $40,637.22 $40,637.22
.
450 95 70 60 134 626 84 482 69 146 968 65 104 995 105 70 180 124 4,827 $859,226.26 $859,226.26 $40,540.47 $26,561.67 $109,110.33 $60,954.17 $275,408.85 $74,005.23 104,665.68 $480.00 $150.00 $20,590.00 $740.00 $599.50
$17,367.37
$713,325.90 $40,690.47 $47,151.67 $109,110.33 $60,954.17 $276,148.85 $74,604.73 $104,665.68 $1,590,399.54
9.8 2 8 8 8 26 $4,883.60 $4,883.60 13,727.56
15.0 20 11 140 4 4 2 40 2 223 $44,246.89 $44,246.89
15.1 2 2 12 16 $3,648.13 $3,648.13
15.2 16 8 120 4 4 2 154 $33,060.67 $33,060.67
15.3 2 1 8 40 2 53 $7,538.09 $7,538.09
22 11 148 8 4 8 4 2 40 2 249 $49,130.48 $49,130.48 $13,727.56 22 11 148 8 4 8 4 2 40 2 249 $49,130.48 $49,130.48
$9,750.00 $9,750.00
$23,477.56 $23,477.56
$82,358.04
472 106 70 60 134 774 84 490 73 146 976 69 106 1035 107 70 180 124 5,076 $908,356.74 $908,356.74 $40,540.47 $26,561.67 $109,110.33 $60,954.17 $275,408.85 $74,005.23 $118,393.24 $480.00 $150.00 $20,590.00 $740.00 $599.50 $9,750.00
$17,367.37
$736,803.46 $40,690.47 $47,151.67 $109,110.33 $60,954.17 $276,148.85 $74,604.73 $128,143.24 $1,663,007.58
BROADBAND INTERNET INFRASTRUCTURE DESIGN
65% Broadband Utility Plans, Specification, and Estimate 95% Broadband Utility Plans, Specifications, and Estimate 100% Broadband Utility Plans, Specifications, and Estimate Total Task 14
Subtotal Task 14
OTHER DIRECT COSTS (see attached sheet)
ANTICIPATED SALARY INCREASE
TOTAL PROJECT COST
OPTIONAL Tasks
BIDDING AND CONSTRUCTION SUPPORT
TOTAL DIRECT LABOR HOURS
Acquistion Right of Way Staking
TOTAL SUBCONSULTANT COSTS
Bidding Support
Construction Support
Prepare As-built Drawings
TOTAL DIRECT LABOR HOURS
OTHER DIRECT COSTS (see attached sheet)
ANTICIPATED SALARY INCREASE (see attached sheet)
TOTAL PROJECT COST
Total Optional Tasks
OPTIONAL DIRECT LABOR HOURS
OPTIONAL ANTICIPATED SALARY INCREASE (see attached sheet)
OPTIONAL SUBCONSULTANT COSTS
TOTAL OPTIONAL COST
TOTAL SUBCONSULTANT COSTS
OPTIONAL OTHER DIRECT COSTS (see attached sheet)
232
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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.
Bennett Engineering Services
By:
Leo Rubio, President
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EXHIBIT E
LABOR COMPLIANCE
1. Prevailing Wage
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall. 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 subconsultant shall keep an accurate payroll record as mandated by Labor Code §1776 and as defined in 8 CCR §16000 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 by a written declaration that it is made under penalty of perjury, stating both the information contained in the payroll record is true and correct and the employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. Payroll records 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. The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request
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 234
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prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775.
C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.
D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant 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 235
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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. 236
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EXHIBIT F
FEDERAL CONTRACT PROVISIONS
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit shall control. ☒TERMINATION FOR CAUSE
Criteria: All Contracts over $10k
1. In the event of any default by the Consultant as described below, the City may, after giving ten (10) days’ written notice to the Consultant, terminate the Consultant’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
a. Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time.
b. Filing of bankruptcy by the Consultant, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Consultant’s insolvency without discharge of the receiver within ten (10) days after its appointment.
c. Failure to make prompt payments to Subcontractors or suppliers. d. Persistent disregard of laws, ordinances, or the instructions of the City, or other substantial violation of any provision of the Contract.
2. In the event the right of the Consultant to proceed with the Work, or any portion thereof, has been terminated because of the default of the Consultant and the Consultant has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore.
In such event, the Consultant and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City.
3. Upon termination, the Consultant shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Consultant in accordance with the terms of the Contract, then the difference shall be paid to the Consultant in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Consultant would otherwise have been paid, the Consultant and 237
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its sureties shall be liable to the City for the full amount of such excess expense.
4. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract. ☐ EQUAL EMPLOYMENT OPPORTUNITY 41 CFR Part 60-1.4b
Criteria: Construction or repair work. Select either Government Contracts or Federally Assisted Construction Contracts.
Criteria: Government Contracts
During the performance of this contract, the contractor agrees as follows
1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 238
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6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ☐ Criteria: Federally assisted construction contracts
Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous 239
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places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as 240
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the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.
Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Director of OFCCP may designate.
Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically 241
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incorporated in such contracts and whether or not the contract between the agency and the contractor is written.
Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings.
☒ DAVIS-BACON ACT (40 U.S.C. §§ 3141-3144 and 3146-3148) Criteria: Construction or repair work (not applicable to FEMA)
1. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
3. Additionally, contractors are required to pay wages not less than once a week. ☐ COPELAND ANTI-KICKBACK ACT
Criteria: Construction or Repair Work >$2k (not applicable to FEMA)
1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
2. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment
The Consultant warrants that this Contract was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Contract without liability, to pay only for the value of the work actually performed, or to deduct from this Contract price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration
☐ CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Criteria: Construction or Repair contracts >$100k involving employment of Mechanics or Laborers (does not apply to purchase or service contracts) 242
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1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section.
3. Withholding for unpaid wages and liquidated damages. The City of West Sacramento shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
ARTICLE XXV SAFETY
Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on he
construction project site.
Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles Any subcontract entered into as a result of this contract, shall contain all of the provisions of this 243
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Article.
☒ Rights to Inventions Made Under a Contract or Agreement.
Criteria: Funding agreement (not applicable to FEMA)
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
ARTICLE XXVI OWNERSHIP OF DATA
It is mutually agreed that all materials prepared by Consultant under this Contract shall become the property of City, and Consultant shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by 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 City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Contract must be approved in writing by City.
Additionally, it is agreed that the Parties intend this to be an Contract for services and each considers the products and results of the services to be rendered by Consultant hereunder to be 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 City without restriction or limitation upon its use or dissemination by City.
Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract.
Any reuse by City for another project or project location shall be at City’s sole risk.
Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).
City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Contract shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
☒ CLEAN AIR ACT
Criteria: All contracts over $150k
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and 244
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the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
1. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
2. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ FEDERAL WATER POLLUTION CONTROL ACT
Criteria: All contracts over $150k
1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
2. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ DEBARMENT AND SUSPENSION
Criteria: Over $25k
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935).
2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, 245
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subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
3. This certification is a material representation of fact relied upon by the City of West Sacramento. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of West Sacramento, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The City will insure the Contractor and any lower participants are not debarred by checking the government’s System Award Management (SAM).
4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
The Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility.
Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.
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☒ BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) Criteria: All contracts require. Any contracts over $100k also require additional certification.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Contractors who apply or bid for an award of $100,000 or more shall file the required certification (see Appendix A, 44 C.F.R Part 18 – Certification Regarding Lobbying). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
A. The Consultant certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Contract, or with the extension, continuation, renewal, amendment, or modification of this Contract.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Contract, the Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier sub agreements, which exceed one 247
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hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
☒ RECORD RETENTION
Criteria: All contracts
In addition to the reports specified in this Agreement, Consultant shall retain the records required by the applicable provisions of 2 CFR § 200.333, no less than three (3) years after City's final payment to Consultant under this Agreement and provide the City with the reports required pursuant to 2 CFR §§ 200.328 and 200.343, and such other records and reports as the City may reasonably require in the administration of this Agreement.
Consultant shall keep all other necessary books and records, including property, personnel, loan documentation and financial records, in connection with the operation and services performed under this Agreement, in accordance with 2 CFR §200.333 For the purpose of determining compliance with Gov. Code §8546.7, the Consultant, Subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Contract including, but not limited to, the costs of administering the Contract. All parties, including the Consultant’s Independent CPA, shall make such workpapers and material available at their respective offices at all reasonable times during the Contract period and for three (3) years from the date of final payment under the Contract and records for real property and equipment acquired with federal funds must be retained fro three (3) years after final disposition. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and are pertinent to the Contract for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. ☒ NO OBLIGATION BY FEDERAL GOVERNMENT
Criteria: All contracts
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract.
☐ PROCUREMENT OF RECOVERED MATERIALS
Criteria: All contracts over $10k where work involves the use of materials (J) §200.323 Procurement of recovered materials.
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds 248
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$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines."
1. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired—
2. Competitively within a timeframe providing for compliance with the contract performance schedule;
3. Meeting contract performance requirements; or
4. At a reasonable price.
a. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. ☐ Prohibition on certain telecommunications and video surveillance services or equipment.
Criteria: Contracts related to telecommunications or video surveillance or equipment (K) §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 249
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(c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471."
☐ Domestic preferences for procurements
Criteria: All contracts over $10k where work involves the use of materials (L) §200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber."
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The Consultant agrees the 48CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The Consultant also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the Consultant to City.
D. When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CRF 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this Contract that is not disposed of by Contract, shall be reviewed by City’s Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, Consultant may request a review by City’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
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C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Contract.
D. Consultant and subconsultant Contracts, including cost proposals and indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Contract by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Contract terms and cause for termination of the Contract and disallowance of prior reimbursed costs.
E. Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by the City Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Contract terms and cause for termination of the Contract and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. 251
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b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.
3. If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Contract.
4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Contract has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Consultant MUST SUBMIT ITS FINAL INVOICE TO City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Contract and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by City’s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service, or consulting work not covered in Consultant’s approved.
B. Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this Contract is subject to the following:
1. Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall 252
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receive a proper refund or credit at the conclusion of the Contract, or if the Contract is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.
2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this Contract, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this Contract that is not disposed of by agreement shall be decided by a committee consisting of City’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by Consultant.
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, Consultant may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Contract.
ARTICLE XXIV INSPECTION OF WORK
Consultant and any subconsultant shall permit City, the State, and the FHWA if federal participating funds are used in this Contract; to review and inspect the project activities and files at all reasonable times during the performance period of this Contract
ARTICLE XXXII TITLE VI ASSURANCES
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APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract. The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a City.
The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the City with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.]
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows:
Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
Nondiscrimination: Consultant, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any 254
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information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.
Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i.withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed hereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, 255
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its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* 256
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(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER
THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Nondiscrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
APPENDIX E
During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); 257
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• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, place public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 258
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 21, 2026 ITEM # 8
SUBJECT:
CONSIDERATION OF REJECTION OF ALL BIDS FOR THE CITY HALL CARPET REPLACEMENT (2nd/3rd FLOORS) PROJECT (CIP 54028)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
James Johnston, Program Technician II
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to reject all bids for the City Hall Carpet Replacement (2nd/3rd Floors) Project (CIP 54028).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council reject all bids for the City Hall Carpet Replacement (2nd/3rd Floors) Project (CIP 54028).
BACKGROUND
The City Hall, located at 1110 West Capitol Avenue in West Sacramento, requires carpet repairs on the 2nd and 3rd Floors. Carpeted areas currently show significant wear, including fraying, worn patches, and seam separation. These conditions require full replacement or repair. On October 24, 2025, an Invitation to Bid (ITB) was released, seeking proposals to perform this work.
ANALYSIS
The Capital Projects Department conducted a competitive bidding process to select a construction contractor for the City Hall Carpet Replacement (2nd/3rd Floors) Project (25-092-ITB). However, the two responsive bids were both over the Engineer’s Estimate and exceeded the budget. Additionally, the original scope now conflicts with a separate 2nd floor renovation project. The carpet replacement scope may be rebid in the future with only 3rd floor carpet repairs included.
The two (2) bid proposals received and publicly opened on November 18, 2025, are as follows:
Rank Contractor Bid
Amount
1 Continental Flooring Company $55,888.0
0 2 Monroy Flooring Inc. $52,000.0
0 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.
259
Rejection of all Bids for the City Hall Carpet Replacement Project (CIP 54028) January 21, 2026