Agenda packet — West Sacramento City Council, June 17, 2026 (part 1 of 8)

WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR

AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Coucil Regular Meeting
JUNE 17, 2026 AGENDA
Martha Guerrero, Mayor
Verna Sulpizio Hull, Mayor Pro Tem
Quirina Orozco, Council Member
Norma Alcala, Council Member
Dawnté Early, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
7:00 PM Regular Meeting Call to Order
Pledge of Allegiance
Land Acknowledgment
The meeting will be held at City Hall, City Council Chambers, 1110 West Capitol Avenue, West Sacramento GENERAL ADMINISTRATION FUNCTION – PART I

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

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

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

PRESENTATIONS

2. City Manager's Office
PRESENTATION OF PROCLAMATION RECOGNIZING JUNE 19TH AS JUNETEENTH

NATIONAL FREEDOM DAY
Recommendation: Staff respectfully recommends that the City Council adopt the proclamation recognizing June 19 as Juneteenth National Freedom Day in the City of West Sacramento.

CONSENT AGENDA

3. Capital Projects
CONSIDERATION OF AWARD OF CONTRACT TO HDR ENGINEERING, INC. FOR DESIGN

AND CONSTRUCTION SUPPORT SERVICES FOR THE BEES LAKES HABITAT RESTORATION PLAN AND PUBLIC ACCESS IMPROVEMENTS PROJECT (CIP 62131) Anyone wishing to address the Council, or any agenda item, may fill out the Request to Speak card and present it to the City Clerk prior to the completion of staff presentation. Items on the Consent Agenda will be considered in one motion and the Request to Speak card should be turned in prior to the first item on Consent.
1 Recommendation: Staff respectfully recommends that the City Council: 1) Find that approval of a professional services agreement with HDR Engineering for construction support and related design services associated with the Bees Lakes Habitat Restoration Plan and Public Access Improvements Project is within the scope of the previously adopted Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan, and that no new significant environmental effects or substantial increases in severity of previously identified effects would occur, and therefore no subsequent environmental document is required under CEQA Guidelines Section 15162; 2) Authorize the City Manager, or his designee, to execute a professional services agreement with HDR Engineering for construction support and related design services for the Bees Lakes Habitat Restoration Plan and Public Access Improvements Project (CIP 62131), in an amount not to exceed $159,145; 3) Authorize the City Manager, or his designee, to make contract amendments up to 15% ($23,871) of the total contract value; 4) Authorize the City Manager, or his designee, to execute non-substantive changes or administrative modifications to the services contract, with approval from the City Attorney; and 5) Authorize the City Manager, or his designee, to execute contract amendments necessary to adjust the contract time, if required.

4. Capital Projects

CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH WEBSTER ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT SERVICES; A

PROFESSIONAL SERVICES CONTRACT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) FOR ARCHAEOLOGICAL SERVICES; THE PROJECT PLANS AND SPECIFICATIONS; AND A CONSTRUCTION CONTRACT TO HYATT CONTRACTING, INC. FOR THE WASHINGTON PUBLIC INFRASTRUCTURE PROJECT (CIP 15047 & 12018) Recommendation: Staff respectfully recommends that the City Council: 1) Find that the Washington Public Infrastructure Project is consistent with the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15168(c)(2) and within the scope of analysis of the certified Washington District Sustainable Community Infrastructure Project (WDSCIP) Final Environmental Impact Report; 2) Award a contract for professional services with Webster Engineering, Inc for construction management services associated with the Washington Public Infrastructure Project (CIP 15047 & 12018); 3) Authorize the City Manager, or his designee, to execute a professional services contract with Webster Engineering, Inc. in an amount not to exceed $228,900; 4) Authorize the City Manager, or his designee, to make contract amendments up to 15% ($34,335) of the total value of the contract; 5) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, including extensions for time with approval from the City Attorney; 6) Award a contract for professional services with Environmental Science Associates (ESA) for archeological services associated with the Washington Public Infrastructure Project (CIP 15047 & 12018); 7) Authorize the City Manager, or his designee, to execute a professional services contract with ESA in an amount not to exceed $258,423; 8) Authorize the City Manager, or his designee, to make contract amendments up to 15% ($38,763) of the total value of the contract; 9) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, including extensions for time with approval from the City Attorney; 10) Approve the Project Plans and Specifications; 11) Award a construction contract to the lowest responsive, responsible bidder, Hyatt Contracting, Inc in the amount of $1,366,497.65; 12) Authorize the City Manager, or his designee, to execute changes or modifications to the construction contract with Hyatt Contracting, Inc. with approval from the City Attorney; and 13) Authorize the City Manager or his designee to execute amendments, miscellaneous construction costs or change orders up to $100,000 of the total contract value for the construction contract with Hyatt Contracting, Inc.

5. Capital Projects

CONSIDERATION OF APPROVAL OF THE SYCAMORE TRAIL EXTENSION (PHASE III) PROJECT PLANS AND SPECIFICATIONS; CONTRACT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT WITH CONSOR NORTH AMERICA INC.; CONTRACT AMENDMENT NO.7 TO PROFESSIONAL SERVICES CONTRACT WITH DEWBERRY 2 ENGINEERS INC; AND AWARD OF A CONSTRUCTION CONTRACT TO GHILOTTI BROS., INC. (CIP 14027)
Recommendation: Staff respectfully recommends that the City Council: 1) Find that the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program previously certified for the project on August 22, 2018, is the appropriate level of environmental review for CEQA for the construction of the Sycamore Trail Extension (Phase III) Project and that no changes to the project have occurred and no changes in circumstances or new information is available requiring subsequent or supplemental environmental review; 2) Approve the Project Plans and Specifications for the Sycamore Trail Extension (Phase III); 3) Approve Amendment No.1 to the contract for professional services with Consor North America, Inc. for construction management services in the amount not to exceed $465,356.93; 4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, or amendments to the professional services contract with Consor North America, Inc. up to 10% of the contract amount ($46,535.69) with approval from the City Attorney and the Finance Department; 5) Authorize the City Manager, or his designee, to extend the term of the professional services contract with Consor North America, Inc., if necessary; 6) Authorize the City Manager, or his designee, to execute Amendment No. 7 with Dewberry Engineers, Inc. in the amount not to exceed $30,000.00; 7) Award a construction contract to the lowest responsive, responsible bidder, Ghilotti Bros. Inc.; 8) Authorize the City Manager, or his designee, to execute a construction contract with Ghilotti Bros., Inc. for an amount not to exceed $2,382,000.00; and 9) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, amendments, change orders, agreements, or purchases up to 15% of the construction contract amount ($357,300.00) with approval from the City Attorney and the Finance Department.

6. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 26-62 AMENDING THE CAPITAL

IMPROVEMENT PROGRAM BUDGET AND APPROVAL OF A CONSTRUCTION CONTRACT

WITH ROOMEHZ FOR THE FIRE STATION PPE EXTRACTOR INSTALLATION PROJECT (CIP 51049)
Recommendation: Staff respectfully recommends that the City Council: 1) Adopt Resolution 26-62 amending the Capital Improvement Program (CIP) budget; 2) Find that approval of a construction contract with Roomehz for the Fire Station PPE Extractor Installation Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(d) for existing facilities; 3) Award a contract for construction services to Roomehz in the amount not to exceed $124,908 for the Fire Station PPE Extractor Installation Project; 4) Authorize the City Manager, or his designee, to execute a construction contract with Roomehz in the amount of $124,908; 5) Authorize the City Manager, or his designee, to make contract amendments up to 15% ($18,736) of the total contract value; 6) Authorize the City Manager, or his designee, to execute non-substantive changes or administrative modifications to the construction contract, with approval from the City Attorney; and 7) Authorize the City Manager, or his designee, to execute change orders necessary to adjust the contract time, if required.

7. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 26-56 ESTABLISHING A LIST OF FISCAL YEAR 2026/27 PROJECTS FUNDED BY SENATE BILL 1 (SB1): THE ROAD REPAIR AND

ACCOUNTABILITY ACT
Recommendation: Staff respectfully recommends that the City Council adopt Resolution 26-56 establishing and approving the list of FY 2026/27 projects to be funded with the State Road Maintenance and Rehabilitation Account (RMRA/SB1) revenues and authorize staff to submit the list to the State of California Transportation Commission (CTC). 3 8. Capital Projects

CONSIDERATION OF APPROVAL OF A CONSTRUCTION CONTRACT WITH SPOOR'S HEATING AND AIR CONDITIONING, INC. FOR THE BRIDGEWAY LAKES HVAC REPLACEMENT PROJECT (CIP 60018)
Recommendation: Staff respectfully recommends that the City Council: 1) Find that approval of a construction contract with Spoor's Heating and Air Conditioning, Inc. for the Bridgeway Lakes HVAC Replacement Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(d) for existing facilities; 2) Award a contract for construction services to Spoor's Heating and Air Conditioning, Inc. in the amount not to exceed $63,985; 3) Authorize the City Manager, or his designee, to execute a construction contract with Spoor's Heating and Air Conditioning, Inc. in the amount of $63,985; 4) Authorize the City Manager, or his designee, to make contract amendments up to 25% ($15,996) of the total contract value; 5) Authorize the City Manager, or his designee, to execute non-substantive changes or administrative modifications to the construction contract, with approval from the City Attorney; and 6) Authorize the City Manager, or his designee, to execute change orders necessary to adjust the contract term, if required.

9. Capital Projects

CONSIDERATION OF AWARD OF CONTRACT TO THE PUBLIC RESTROOM COMPANY FOR

THE PURCHASE, DELIVERY, AND INSTALLATION OF FOUR PREMANUFACTURED

RESTROOM BUILDINGS FOR THE BRYTE PARK MASTER PLAN IMPLEMENTATION PROJECT (CIP 62138)
Recommendation: Staff respectfully recommends that the City Council: 1) Find that the environmental impacts associated with the purchase, delivery, and installation of the prefabricated restroom buildings are within the scope of the previously approved Bryte Park Master Plan Implementation Project and were analyzed in the previously adopted MND and CEQA Addendum and approval of the contract with the Public Restroom Company does not constitute a substantial change to the project, nor are there substantial changes in circumstances or new information of substantial importance that would require subsequent environmental review pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164; 2) Approve and authorize the City Manager, or his designee, to execute a contract with the Public Restroom Company for the purchase, delivery, and installation of four prefabricated restroom buildings for the Bryte Park Master Plan Implementation Project (CIP 62138), in an amount not to exceed $3,983,856; 3) Authorize the City Manager, or his designee, to approve change orders and contract amendments up to 15% ($597,578) of the total contract value; 4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the contract, with approval from the City Attorney; and 5) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

10. Capital Projects
CONSIDERATION OF RESOLUTION 26-61 AND APPROVAL AWARD OF A CONSTRUCTION CONTRACT TO LUND CONSTRUCTION COMPANY AND OF AMENDMENT NO. 2 TO THE

CONTRACT WITH DME FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE WASHINGTON DISTRICT INFRASTRUCTURE UPGRADE PROJECT (CIP 35000) Recommendation: Staff respectfully recommends that the City Council: 1) Approve Resolution 26- 61 amending the Capital Improvement Program for the Washington District Infrastructure Upgrade Project; 2) Find that a Class 1 exemption under California Code of Regulations Title 14, Division 6, Chapter 3, Article 19, Section 15302(c) is the appropriate level of environmental review for under CEQA for approval of the construction contract to Lund Construction Company (Lund Construction Co.) for the Washington District Infrastructure Upgrade Project; 3) Approve the project plans and specifications for the Washington District Infrastructure Upgrade Project; 4) Award a construction contract to Lund Construction Co.; 5) Delegate Authority to the City Manager, or his designee, to execute a construction contract with Lund Construction Co. for an amount not to exceed 4 $2,382,701.25; 6) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, amendments, change orders, agreements, and purchases up to 15% of the construction contract ($357,405.19) with approval from the City Attorney and the Finance Department; 7) Approve Amendment No. 2 to the DME project management services contract; 8) Delegate authority to the City Manager, or his designee, to amend the DME project management services contract in an amount not to exceed $245,411.00; 9) Authorize the City Manager, or his designee, to make contract amendments up to 10% ($24,541.10) of the total contract value; and 10) Authorize the City Manager, or his designee, to execute amendments to extend the term of these contracts, if necessary.

11. Public Works
CONSIDERATION OF ADOPTION OF RESOLUTION 26-65 REGARDING THE EMERGENCY

CONTRACT AND AWARD OF A CONSTRUCTION CONTRACT WITH CRUSADER FENCE COMPANY FOR THE FIRE STATION 45 GATE OPERATOR REPLACEMENT Recommendation: Staff respectfully recommends that the City Council: 1) Find that the Fire Station 45 Gate Operator Replacement Project is exempt from CEQA analysis under CEQA Guidelines Section 15269. According to the CEQA Guidelines, an emergency includes emergency repairs to public or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare; 2) Adopt, by a minimum four-fifths vote of the Council, Resolution 26-65 regarding the Emergency Contract with Crusader Fence Company for the Fire Station 45 Gate Operator Replacement Project; 3) Approve the contract with Crusader Fence Company to provide emergency gate operator replacement at Fire Station 45; 4) Authorize the City Manager or designee to execute an emergency contract for service in an amount not to exceed $17,920.00 with approval from the City Attorney; 5) Authorize the City Manager or designee to execute amendments or change orders on the contract; 6) Authorize the City Manager or designee to execute nonsubstantive changes and modifications, with approval from the City Attorney; and 7) Authorize the City Manager or designee to extend the contract term and adjust compensation, within the limits of the Council-approved budget.

12. City Manager's Office

CONSIDERATION OF UPDATES TO AND APPROVALS OF JOB DESCRIPTIONS Recommendation: Staff respectfully recommends that the City Council: 1) Approve the job classification description: Sewer Supervisor; 2) Approve the job classification description: Water Distribution Supervisor; 3) Approve the modification to the job classification description:

Assistant City Manager – Administrative Services; 4) Approve the modification to the job classification description: Assistant City Manager – Community Services; 5) Approve the modification to the job classification description: Fire Battalion Chief; 6) Approve the modification to the job classification description: Water Treatment Plant Superintendent; and 7) Approve the modification to the job classification description: Program Technician I/II.

13. City Manager's Office
CONSIDERATION OF APPROVAL OF THE MINUTES OF THE MARCH 4, 2026, MARCH 18, 2026, APRIL 15, 2026, MAY 6, 2026, MAY 20, 2026, AND JUNE 3, 2026 REGULAR MEETINGS

OF THE WEST SACRAMENTO CITY COUNCIL, REDEVELOPMENT SUCCESSOR AGENCY,

AND WEST SACRAMENTO FINANCING AUTHORITY
Recommendation: Staff respectfully recommends that the City Council approve the minutes of the March 4, 2026, March 18, 2026, April 15, 2026, May 6, 2026, May 20, 2026 and June 3, 2026 Regular Meetings of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
5 REGULAR AGENDA

14. City Manager's Office

CONSIDERATION OF ADOPTION OF A CITY COUNCIL MEDIA CONTACTS POLICY Recommendation: Staff respectfully recommends the City Council adopt Media Contacts Policy IC-11, as a City Council policy.

15. City Manager's Office

CONSIDERATION OF A PRESENTATION ON YOLO COUNTY ANIMAL SERVICES

GOVERNANCE AND PURSUING AN OPERATIONAL JOINT POWERS AGENCY FOR ANIMAL

SERVICES IN YOLO COUNTY
Recommendation: Staff respectfully recommends that the City Council receive a presentation from Yolo County staff on JPA governance models for animal services and direct staff to transmit the attached letter affirming the City's interest in advancing the evaluation of an operational JPA to govern the delivery of animal services in Yolo County .

16. Finance
CONSIDERATION OF RESOLUTION 26-66 ADOPTING THE OPERATIONS & MAINTENANCE (O&M) AND CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGETS FOR FISCAL YEAR 2026/27 Recommendation: Staff respectfully recommends that the City Council: 1) Adopt Resolution 26-66 approving the Operations & Maintenance and Capital Improvement Program (CIP) midyear budgets for FY 2026/27; 2) Approve the amended Authorized Positions List (APL); and 3) Approve the amended Salary Schedule.

PUBLIC HEARINGS

17. Fire
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 26-17 CERTIFYING THE LIST OF

WEED ABATEMENT CHARGES, DIRECTING THAT A LIEN BE PLACED ON THE SUBJECT

PROPERTIES AND REQUESTING INCLUSION OF THESE CHARGES ON THE SECURED TAX

ROLL IN ORDER THAT THEY MAY BE COLLECTED IN THE SAME MANNER AS GENERAL TAXES
Recommendation: Staff respectfully recommends that the City Council: 1) Open the public hearing to receive public comment on the charges for mandatory weed abatement services initiated by the City; and 2) Adopt Resolution 26-17 certifying the list of weed abatement charges and direct the Yolo County Auditor to add the expenses to the individual tax rolls.

18. Capital Projects
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 26-58, A RESOLUTION ADOPTING THE 2025 URBAN WATER MANAGEMENT PLAN AND WATER SHORTAGE

CONTINGENCY PLAN
Recommendation: Staff respectfully recommends that the City Council: 1) Conduct the Public Hearing on the 2025 update to the West Sacramento Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP); 2) Direct staff to finalize the 2025 UWMP and WSCP, including incorporating any comments raised during the public hearing as needed; 3) Find the adoption of the 2025 UWMP and WSCP is exempt from the California Environmental Quality Act pursuant to Water Code Section 10652 and California Code of Regulation, Title 14, Chapter 3 (CEQA Guidelines) Section 15282(v); 4) Adopt Resolution 26-58 approving the update to the UWMP 6 and WSCP; and 5) Direct staff to submit the 2025 UWMP and WSCP to the California Department of Water Resources (DWR) by the July 1, 2026 deadline.

GENERAL ADMINISTRATION FUNCTION – PART II

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

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

20. PART II
A. Council Calendar
B. City Manager Report
C. City Attorney Report
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the June 17, 2026 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted June 12, 2026 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review. __________________________________________
Jennifer Cusmir, City Clerk
7 NOTE: If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

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

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

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

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

Los dispositivos de escucha asistida están disponibles en esta reunión. 8 CITY COUNCIL AGENDA REPORT
MEETING DATE: June 17, 2026 ITEM # 2
SUBJECT:

PRESENTATION OF PROCLAMATION RECOGNIZING JUNE 19TH AS

JUNETEENTH NATIONAL FREEDOM DAY
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff Lanaya Lewis, Public Information Officer City Manager’s Office
[ ] Other
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to officially recognize June 19th as Juneteenth National Freedom Day in the City of West Sacramento, promoting awareness and celebration of this significant historical event, and to encourage community engagement.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt the proclamation recognizing June 19 as Juneteenth National Freedom Day in the City of West Sacramento.

BACKGROUND
Juneteenth, also known as Juneteenth National Freedom Day or Emancipation Day, commemorates June 19, 1865, when Union General Gordon Granger announced the end of slavery in Galveston, Texas. This announcement came more than two years after President Abraham Lincoln's Emancipation Proclamation, symbolizing a pivotal moment in American history when freedom was finally extended to all enslaved African Americans. Juneteenth has evolved to become a day of reflection, education, and celebration of African American history and culture. It serves as a reminder of the struggle for racial equity and justice, highlighting the progress made and the ongoing efforts required to achieve true equality in our society.

ANALYSIS
Recognizing Juneteenth as a citywide observance each year during the City’s annual Juneteenth Celebration at Bridgeway Lakes Park aligns with West Sacramento's commitment to diversity, equity, and inclusion. The proclamation underscores the City's dedication to honoring the rights and dignity of every resident and acknowledges the historical adversities faced by African Americans. By promoting Juneteenth, the City provides a platform for education and discourse on racial issues. The celebration at the park held on Friday, June 12, 2026 was an opportunity for residents to engage in activities that celebrate African American culture and history while promoting unity within the community.

Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
N/A
Coordination and Review
N/A
Budget/Cost Impact
N/A

ATTACHMENT

1. Proclamation
9 PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING JUNE 19TH AS JUNETEENTH NATIONAL FREEDOM DAY WHEREAS, the City of West Sacramento acknowledges the significance of commemorating the liberation of African Americans and celebrating their invaluable contributions to our nation; and
WHEREAS, Juneteenth, also known as Juneteenth National Freedom Day or Emancipation Day, marks June 19, 1865, when Union General Gordon Granger proclaimed the end of slavery in Galveston, Texas, aligning with President Abraham Lincoln's Emancipation Proclamation from over two years prior; and
WHEREAS, Juneteenth symbolizes a key moment in American history, marking the longawaited attainment of freedom and the ongoing struggle for racial equity and justice; and WHEREAS, Juneteenth festivities offer a platform for contemplation, education, and discourse on the historical adversities faced by African Americans and the ongoing efforts for equality, inclusivity, and social justice; and
WHEREAS, Juneteenth serves as an important reminder of the strides our nation has made and the continued work that still lies ahead in achieving equality; and WHEREAS, the contributions African Americans have made to the growth, culture, and success of the City of West Sacramento and the nation will continue to be recognized and celebrated; and
WHEREAS, the City of West Sacramento recognized Juneteenth by hosting its annual Juneteenth Celebration on Friday, June 12, 2026, at Bridgeway Lakes Park, celebrating African American history and culture while fostering cultural understanding, racial harmony, and community unity among residents.

NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the West Sacramento City Council that June 19th be recognized as Juneteenth National Freedom Day in the City of West Sacramento and urges all residents to commemorate the day in recognition of African American history and culture.

PROCLAIMED this 17th day of June 2026.

ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
10 CITY COUNCIL AGENDA REPORT
MEETING DATE: June 17, 2026 ITEM # 3
SUBJECT:

CONSIDERATION OF AWARD OF CONTRACT TO HDR ENGINEERING, INC. FOR

DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE BEES LAKES HABITAT RESTORATION PLAN AND PUBLIC ACCESS IMPROVEMENTS PROJECT (CIP 62131) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Megan Gideon, Project Manager 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 award a professional services agreement with HDR Engineering, Inc. (HDR Engineering) for construction support and related design services for the Bees Lakes Habitat Restoration Plan and Public Access Improvements Project (CIP 62131).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that approval of a professional services agreement with HDR Engineering for construction support and related design services associated with the Bees Lakes Habitat Restoration Plan and Public Access Improvements Project is within the scope of the previously adopted Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan, and that no new significant environmental effects or substantial increases in severity of previously identified effects would occur, and therefore no subsequent environmental document is required under CEQA Guidelines Section 15162; 2) Authorize the City Manager, or his designee, to execute a professional services agreement with HDR Engineering for construction support and related design services for the Bees Lakes Habitat Restoration Plan and Public Access Improvements Project (CIP 62131), in an amount not to exceed $159,145; 3) Authorize the City Manager, or his designee, to make contract amendments up to 15% ($23,871) of the total contract value;
4) Authorize the City Manager, or his designee, to execute non-substantive changes or administrative modifications to the services contract, with approval from the City Attorney; and 5) Authorize the City Manager, or his designee, to execute contract amendments necessary to adjust the contract time, if required.

BACKGROUND
Bees Lakes is a 24-acre natural habitat area along the Sacramento River in West Sacramento. It consists of two water bodies that are hydraulically connected to the river and surrounded by a mature riparian forest. The Bees Lakes Habitat Restoration Plan and Public Access Improvements Project (Project) is a multi-phase effort to restore ecological function, improve water quality, and provide managed public access to the site.

The City, in partnership with the West Sacramento Area Flood Control Agency (WSAFCA), initiated planning efforts for the site in 2017 through a grant from the Sacramento–San Joaquin Delta Conservancy to develop the Bees Lakes Habitat Restoration Plan. The planning process evaluated opportunities to restore disturbed riparian habitat, control invasive species, improve pond water quality, and enhance public access while protecting sensitive biological and cultural resources.

On July 28, 2022, the Delta Conservancy Board approved a grant award in an amount not to exceed $2.37 million to fund design, permitting, environmental coordination, and implementation of the first phase of improvements. The project is being implemented in two phases, with Phase 1 funded by the Delta Conservancy grant and Phase 2 subject to future funding availability.

Phase 1 improvements include habitat restoration and invasive species management, installation of floating wetlands and aeration equipment to improve water quality, construction of an Americans with Disabilities Act (ADA) accessible trail and viewing platform overlooking the primary pond, and installation of educational signage and wayfinding elements. These improvements are intended to enhance ecological conditions while providing controlled public access and educational opportunities at the site. 11 Bees Lakes Restoration & Public Access – Prof. Services Contract (CIP 62131) June 17, 2026

Page 2 ends

In November 2022, the City Council approved contracts with HDR Engineering for design services and Douglas Environmental for environmental permitting, monitoring, and implementation support for the project. Design and permitting efforts have since progressed, and Phase 1 improvements are now advancing toward construction.

As the original design consultant and engineer of record for the project, HDR Engineering, Inc. possesses unique familiarity with the project’s design documents, engineering assumptions, permitting constraints, and design coordination efforts. Construction support services are necessary to assist the City during implementation, including review of contractor submittals, responses to requests for information (RFIs), design clarifications, and other engineering support necessary to facilitate construction and maintain project schedule.

ANALYSIS
Phase 1 of the Bees Lakes Habitat Restoration Plan and Public Access Improvements Project is advancing toward construction implementation and will require ongoing engineering support throughout construction.

Anticipated support services include review of contractor submittals, responses to requests for information (RFIs), interpretation of design intent, preparation of design clarifications or revisions as needed, and coordination with City staff, environmental consultants, and regulatory agencies throughout construction.

HDR Engineering served as the original design consultant and engineer of record for the project and prepared the construction drawings, specifications, and supporting engineering documentation. As the design engineer, HDR possesses unique knowledge of the project’s design assumptions, engineering decisions, permitting coordination, and technical constraints that informed development of the final construction documents.

Utilizing a different consultant for construction support would require substantial time for document review, project onboarding, and independent evaluation of the existing design, resulting in increased cost, schedule impacts, and elevated risk of inconsistent interpretation of the construction documents. Continuity with the original design consultant will help facilitate timely responses during construction, reduce project risk, and support efficient project delivery.

For these reasons, staff recommends approval of a professional services agreement with HDR Engineering to provide construction support and related design services for the duration of the Phase 1 construction effort.

Environmental Considerations
The Bees Lakes Habitat Restoration Plan and Public Access Improvements Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan was adopted by the City Council on January 20, 2021.

The proposed professional services agreement with HDR Engineering for construction support and related design services is within the scope of the previously approved project and does not alter the nature, extent, or environmental impacts of the approved improvements. No new significant environmental effects or substantial increases in the severity of previously identified impacts have been identified. Accordingly, no subsequent environmental review is required pursuant to CEQA Guidelines Section 15162.

Additional environmental coordination, including compliance with applicable federal permitting and consultation requirements, will continue as part of overall project implementation.

Commission Recommendation
Over the past several years, the Parks, Recreation and Intergenerational Services Commission has provided feedback and hosted public workshops related to the project. The commission has been supportive of the project, including the City’s efforts to secure grant funding and advance implementation of Phase 1 improvements.

Strategic Plan Integration
The Bees Lakes Habitat Restoration Plan and Public Access Improvements aligns with the 2024 Strategic Plan priority: Parks and Open Space – Provide Diverse Options for Outdoor Recreation and Community with Nature at Any Age.
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Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as described above in this report. 2) Reject the recommended actions, or direct staff to alter the recommended actions. 3) Defer or cancel the project.

Staff recommends that the Council proceed with Alternative 1, as construction implementation of Phase 1 will require timely engineering support from the original design consultant to respond to contractor submittals, requests for information, and design clarifications. Approval of the agreement will help support efficient project delivery, reduce construction risk, and maintain the project schedule.

Alternative 2 is not recommended, as directing substantial changes to the recommended action or requiring procurement of a different consultant would likely delay construction implementation, increase project costs, and create risk associated with transferring project knowledge to a new design team unfamiliar with the project’s design development, permitting coordination, and technical constraints.

Alternative 3 is not recommended, as deferring approval of the professional services agreement may result in delays in construction support response times, hinder efficient resolution of field issues, and increase the potential for schedule impacts and construction claims.

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

Budget/Cost Impact
The project (CIP 62131) is included in the City’s current Capital Improvement Program budget. Funding for the proposed professional services agreement with HDR Engineering comes from a combination of Park Impact Fees, General Fund, and Measure E funds, sufficient funding is available within the existing project budget and no additional appropriation is required.

ATTACHMENTS

1. CPC26-152 HDR Engineering, Inc. Construction Contract

2. Vicinity Map
13 HDR Engineering, Inc.

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CONTRACT FOR SERVICES
THIS CONTRACT is made on June 17, 2026, by and between the CITY OF WEST SACRAMENTO (“City”), and HDR ENGINEERING, INC. (“Consultant”).

WITNESSETH:

WHEREAS, the City desires design services and construction support to implement the Bees Lakes Habitat Restoration Plan and Public Access Improvements to the City; WHEREAS, the Consultant has presented a proposal for such services to the City, dated April 28 2026, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

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

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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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 December 31, 2027.

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

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

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed one hundred fifty nine thousand one hundred forty five dollars ($159,145), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "A".

B. Said amount shall be paid upon submittal of a monthly billing 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. City will pay all undisputed amounts within thirty (30) days following receipt of Consultant’s invoice.

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.

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

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

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.

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

9. 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:

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should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

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

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

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

15. INDEMNITY AND LITIGATION COSTS:

Consultant shall protect, hold free and harmless, defend and indemnify the City, and its 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, and its 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’, negligent performance under this agreement, willful misconduct, violation of laws, 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 negligent or wrongful 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:
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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.

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

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

16.B.2.b).

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

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

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

E. Any deductibles or self-insured retentions in excess of $100,000 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. 20 HDR Engineering, Inc.

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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.

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

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

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

Consultant:

HDR Engineering, Inc.

Attn to: Elizabeth Mesbah, PE
2379 Gateway Oaks Drive #200
Sacramento, CA 95833
Email: [email protected]

F. This Contract shall be interpreted and governed by the laws of the State of California.
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G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.

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

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

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

By: _______________________
Jeffrey Mitchell, City Attorney
HDR ENGINEERING, INC.

By: _________________________
Elizabeth Mesbah, PE, Vice President
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EXHIBIT A
Consultant Proposal and Fees
24 hdrinc.com
1 Capitol Mall, Suite 500, Sacramento, CA 95814
T: 916.679.8700
April 28, 2026
Megan Gideon
City of West Sacramento
1110 W. Capitol Ave.

West Sacramento, CA 95691
Reference: Bees Lake Restoration Project, CIP 62131
Dear Ms. Gideon,
HDR Engineering, Inc. (HDR) is pleased to submit this Scope of Work to provide engineering support services for the Bees Lake Restoration project. This scope defines the services to be performed by HDR during the bidding and construction phases, including engineering support through responses to Bidder questions, Contractor Requests for Information (RFIs), review of contractor submittals, and associated quality control.

This scope of work has been divided into the following tasks that match the attached fee summary table:
• Task 1. Project Management
• Task 2. Engineering Support During Construction
TASK 1. PROJECT MANAGEMENT

1.1 Management and Invoices
HDR’s project manager will provide project management services for the duration of this contract. This task includes coordination between HDR’s design disciplines, developing and maintaining quality control, and providing monthly invoices and progress reports to the City of West Sacramento’s Project Manager. Progress reports will provide a summary of the work performed during the month, activities planned for the following month, and identify technical, budget, or schedule issues.

Deliverables:
• Monthly invoices and progress reports (PDF).

Assumptions:
• Notice to Proceed will be provided on 6/1/2026.
• Work will be completed by 7/31/2027.

1.2 Quality Control
HDR will implement quality control procedures appropriate for engineering services consisting of responses to Contractor RFIs and reviews of Contractor submittals. Quality control will be integrated into HDR’s standard work practices and will focus on maintaining consistency with the approved contract documents and design intent.
25 WSAFCA
April 28, 2026

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RFI responses and submittal reviews will be prepared and reviewed by qualified engineering staff familiar with the project. Responses will be checked for technical accuracy, clarity, and consistency with the plans and specifications prior to issuance to the Client.

Formal independent design reviews, peer reviews, or third-party reviews are not included as part of this task.

Assumptions:
• Quality control efforts are limited to internal checks commensurate with RFI and submittal response services.
• Quality control does not include re-design, additional engineering analysis, or verification of Contractor means, methods, sequencing, or field conditions. • Quality control does not include constructability reviews, cost reviews, or schedule reviews.

TASK 2. Engineering Support During Construction

2.1 Response to RFIs and Submittal Reviews
HDR will provide engineering support during construction to assist the Client with interpretation of the contract documents and resolution of technical questions. Services will include review of Contractor RFIs and preparation of written responses to provide clarification consistent with the intent of the approved plans and specifications.

HDR will review Contractor submittals for conformance with the design intent and the requirements of the contract documents. Submittal reviews are for general conformance only and do not relieve the Contractor of responsibility for means, methods, safety, dimensions, quantities, or construction procedures.

HDR will coordinate with the Client and other project stakeholders as necessary to support the timely resolution of RFIs and submittals.

Deliverables:
• Written responses to construction-phase RFIs (PDF).
• Reviewed submittals with review status and comments returned in the Client’s designated submittal management system or via PDF.

Assumptions:
• A total of up to 40 RFIs (2 hours per RFI) are assumed during construction. • A total of up to 80 submittals (4 hours per submittal) are assumed, with one round of review per submittal.
• Resubmissions beyond one review are counted as new submittals. • Construction engineering services do not include field inspection, construction management, attendance at construction meetings, or resident engineering services unless specifically authorized by amendment.
• Responses will be limited to clarification and interpretation of the contract documents and will not include redesign, preparation of additional design drawings, or changes to project scope unless authorized in writing by the Client. • As-built (Final Record Drawings) plans are not included. • HDR’s responses will be based solely on the information contained in the bid documents and will not modify the contract documents. In the event of a conflict, ambiguity, or discrepancy, the contract documents shall govern. 26 WSAFCA
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• HDR will not be responsible for verifying bidder means, methods, sequences, safety programs, temporary works, or construction approaches.
• HDR will not be responsible for delays caused by incomplete RFI/submittal submissions, late distribution by the Client, or bidder misinterpretation of HDR responses.

Project Budget
The attached fee spreadsheet includes a breakdown of the assumed level of effort by task.

If you have questions regarding this scope, please contact Kenric Jameson at [email protected] or 916.679.8748.

Sincerely,
HDR Engineering, Inc.

Elizabeth Mesbah, PE (CA #73078) Kenric Jameson, PG, PMP Vice President Project Manager
27 Table 1 - Estimated Work Effort and Cost
Task Task Description Project
Manager QA/QC Civil Engineer Structural
Engineer
Geotechnical
Engineer Accounting Admin
Kenric Jameson Tony Quintral Vinson Russo Zhen Li Garrett Harris Megan Rogers Stella Gardenour
$ 329.24 $ 306.49 $ 248.68 $ 288.62 $ 376.75 $ 145.58 $ 148.92 0 2.5% Task 1 - Project Management and Meetings

1.1 Project Management 80 15 25 120 32,245.51 0.00 0.00 0.00 0.00 32,245.51

1.2 Quality Control 30 30 9,194.80 0.00 0.00 0.00 0.00 9,194.80 80 30 0 0 0 15 25 150 41,440.31 0.00 0.00 0.00 0.00 41,440.31 Task 2 - Engineering Support During Construction

2.1 RFI Review and Response 20 40 20 80 24,053.15 0.00 0.00 0.00 0.00 24,053.15

2.2 Submittal Review and Response 100 160 60 320 93,651.15 0.00 0.00 0.00 0.00 93,651.15 0 0 0 0 0 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00
COLUMN TOTALS 80 30 120 200 80 15 25 550 $ 159,145 $ - $ - $ - $ - $ 159,145 Subtotal Task 1
Rates
City of West Sacramento
Bees Lake Construction
Subtotal Task 3
Total HDR
Labor Hours
Sub Consultant
Mark up
($)
HDR Expenses
($) Total HDR Labor
($)
Sub Consultant
Cost
($)
Tech Charge
($) Total Cost
($)
4/28/2026 HDR Engineering, Inc.
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EXHIBIT B
Schedule of Performance
Contract Start Date 6/17/2026
Contract End Date 12/31/2027
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EXHIBIT C
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONSULTANTS
By:

Elizabeth Mesbah, PE, Vice President
30 Vantor, Sources: Esri, TomTom, Garmin,
FAO, NOAA, USGS, (c) OpenStreetMap
contributors, and the GIS User Community
Summerfield Dr
s Rd
Linden Rd
Gregory Ave
Lake
Washington
Village
Linden Rd
Pkwy
Lake Washington Blvd
Arlington Rd
River Rd
Thorp Rd
Levee Access Rd
W
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Jefferson
Blvd
Upper Land
Park
5 Partridge Ave
Davis Rd
Davis Rd
Raider
Ln
Antioch Ave
Higgins Rd
Village Pkwy
Village
Pkwy
S River Rd
S
River
Rd
S tonegate
Dr
French Ave
Chicory Loop
Par ell
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Ct
Ka
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Euclid Ave
Captains Table Rd
Ramp Way
Jef ferson Blvd
43rd Ave
Cooledge Park
Sacremento
River Parkway
Northeast
Village
Southeast
Village
Little Pocket
South Land
Park
Riverside Blvd
S Land Park Dr
Parklin Ave
Lake Park Dr
47th Ave
Riverside Blvd
2nd A
Muir Way
Riverside
Blvd
14th S t
4th Ave
7th Ave
5th S
Land Park
13th
St
13t h St
R
iv
ersi
de
Blvd
8th Ave
Land Park Dr
Wentworth Ave
S
Land
Park Dr
35th Ave
14th S t
Sutterville Rd
Freeport
Blvd
Freeport Blvd
William Land
Golf Course
Freeport Manor Park Village S t
Sacram
Execu
Airpo
0 1
Miles
¯
Project Limits
Prepared on
4/28/2026 by
manuelr
Parks & Recreation
Department
City of West Sacramento
Bees Lakes Habitat Restoration Plan and Public
Access Improvements
Attachment
31 CITY COUNCIL AGENDA REPORT
MEETING DATE: June 17, 2026 ITEM # 4
SUBJECT:

CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH WEBSTER ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT SERVICES; A

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve a professional services contract with Webster Engineering, Inc. for construction management services; approve a professional services contract with Environmental Science Associates (ESA) for archeological services; approve the project plans and specifications; award of a construction contract to the lowest responsive, responsible bidder, Hyatt Contracting Inc. for the Washington Public Infrastructure Project (CIP 15047 & 12018).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the Washington Public Infrastructure Project is consistent with the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15168(c)(2) and within the scope of analysis of the certified Washington District Sustainable Community Infrastructure Project (WDSCIP) Final Environmental Impact Report;
2) Award a contract for professional services with Webster Engineering, Inc. for construction management services associated with the Washington Public Infrastructure Project (CIP 15047 & 12018); 3) Authorize the City Manager, or his designee, to execute a professional services contract with Webster Engineering, Inc. in an amount not to exceed $228,900;
4) Authorize the City Manager, or his designee, to make contract amendments up to 15% ($34,335) of the total value of the contract;
5) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, including extensions for time with approval from the City Attorne;y 6) Award a contract for professional services with ESA for archeological services associated with the Washington Public Infrastructure Project (CIP 15047 & 12018); 7) Authorize the City Manager, or his designee, to execute a professional services contract with ESA in an amount not to exceed $258,423;
8) Authorize the City Manager, or his designee, to make contract amendments up to 15% ($38,763) of the total value of the contract;
9) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, including extensions for time, with approval from the City Attorney. 10) Approve the project plans and specifications;
11) Award a construction contract to the lowest responsive, responsible bidder, Hyatt Contracting, Inc in the amount of $1,366,497.65;
12) Authorize the City Manager, or his designee, to execute changes or modifications to the construction contract with Hyatt Contracting, Inc., with approval from the City Attorney; and 13) Authorize the City Manager or his designee, to execute amendments, miscellaneous construction costs or change orders up to 10% ($136,650) of the total contract value for the construction contract with Hyatt Contracting, Inc.

BACKGROUND
The Washington District is a 194-acre area bounded by Cabaldon Parkway on the south, the Sacramento River on the east, A Street on the north, and portions of 6th Street and 8th Street on the west. Located along West Sacramento’s riverfront and within one mile of downtown Sacramento, the Washington District has significant potential for sustainable mixed-use development. The City has prioritized investment in planning, 32 Washington Public Infrastructure Project Construction Contract (CIP 15047 & 12018) June 17, 2026

Page 2 ends

deindustrialization, and infrastructure improvements within the Washington District to facilitate redevelopment, improve connectivity, and create vibrant neighborhoods along the Sacramento River.

The City’s commitment to the Washington District is demonstrated through ongoing public infrastructure investments. In 2019, the City completed the $17 million Washington District Sustainable Community Infrastructure Project, one of the City’s most significant neighborhood infrastructure investments to date. To continue this progress, the City Council approved Community Development Block Grant Program (CDBG) allocations for 2019 and 2020 totaling $511,321 for the Washington Public Infrastructure Improvements Project (“project”), formerly known as the E & F Streets Frontage Improvement Project (CIP 12018), Capital Improvement Program (CIP) 15047. The project area is located along the south side of F Street between 5th Street and 6th Street.

The project will address existing infrastructure deficiencies by improving pedestrian accessibility, connectivity, and safety within the Washington District. Improvements include completion of missing sidewalk and street crossing connections to support walkability and access to public transportation and riverfront trail facilities. The Project also includes installation of new street lighting, ADA-compliant curb ramps, landscaping, and irrigation improvements consistent with recently completed streetscape improvements within the Washington District.

In addition, the City elected to construct the 5th and F Street Traffic Signal Project (CIP 12018) concurrently with the frontage improvements due to the proximity of the two projects. Combining the projects into a single design and construction effort improves coordination, minimizes construction impacts, and provides cost and schedule efficiencies. Accordingly, the Project includes both the frontage improvements along the south side of F Street between 5th and 6th Streets and the new traffic signal improvements at the intersection of 5th Street and F Street.

Environmental review and coordination activities for the project have also been completed, including federal environmental review associated with the CDBG-funded design phase, agency and tribal coordination, and cultural resource consultation efforts required for the project area.

ANALYSIS
On March 19, 2026, staff solicited proposals for construction management services through a Request for Quote (26-031-RFQ) on OpenGov, the City’s eProcurement system. The City received five proposals from the following firms:

1. Consor North America, Inc.

2. Ghirardelli Associates, Inc.

3. Mark Thomas & Company

4. MCK Americas Inc.

5. Webster Engineering Inc.

A three-person panel evaluated the proposal based on the following criteria: qualification and experience, understanding of the work to be done, demonstrated technical ability, past performance, and acceptance of City’s contract for services. After reviewing Webster’s qualifications, experience, and proposed work plan, the staff selection panel determined that Webster had a strong understanding of the work to be performed and was the most qualified to provide construction management services. The attached contract includes the negotiated scope and fees to complete the assignment.

As part of the federal environmental review process completed for the project, the City entered into a Memorandum of Agreement (MOA) with the State Historic Preservation Office (SHPO) and consulted tribal representatives requiring archaeological monitoring during ground-disturbing construction activities associated with the Project.

The City does not currently maintain an on-call contract for archaeological monitoring services. Because archaeological monitoring is required to maintain compliance with the project’s cultural resource obligations and must occur concurrently with construction activities, staff determined that timely procurement of qualified archaeological monitoring services is necessary to avoid delays to project implementation.

Staff obtained a proposal from a qualified archaeological consulting firm capable of providing the required monitoring services within the Project schedule. Due to the specialized nature of the services, limited scope of work, and schedule constraints associated with the project, staff recommends approval of a sole source agreement for archaeological monitoring services.
33 Washington Public Infrastructure Project Construction Contract (CIP 15047 & 12018) June 17, 2026

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Pursuant to the Public Contract Code, the project was publicly advertised for construction in the City of West Sacramento News Ledger, and on OpenGov as ITB-26-041 with the following timeline:

Original Date Extended Date
Advertisement: 04/24/2026 N/A
Pre-Bid Meeting: 04/30/2026 N/A
Questions Due 05/05/2026 N/A
Post Responses to Questions: 05/07/2026 N/A
Bid Open: 05/14/2026 N/A
The project team issued one (1) addenda in responding to questions received during bidding. The City received five bid proposals received and publicly opened on May 14, 2026 and the results are as follows:

Table 1. Washington Public Infrastructure Improvements Project Bid Summary Contractor Bid Amount
Hyatt Contracting, Inc. $1,366,497.65
FBD Vanguard Construction $1,447,419.70
Zara Construction, Inc. $1,497,104.81
Martin Brothers Construction $1,502,927.00
B&M Builders, Civil LLC $1,662,860.00
As summarized in Table 1 and based on the review and evaluation of all bids received along with required documentation, City staff have determined Hyatt Contracting, Inc. to be the lowest, responsive responsible bidder. Staff is therefore recommending that Council award the construction contract to Hyatt Contracting, Inc. in the amount of $1,366,497.65.

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

Environmental Considerations
The Project has been evaluated in accordance with the requirements of the California Environmental Quality Act (CEQA). Environmental review was completed through preparation of Environmental Information Supporting Findings that the Project is consistent with CEQA Guidelines Section 15168(c)(2) and within the scope of analysis of the certified Washington District Sustainable Community Infrastructure Project (WDSCIP) Final Environmental Impact Report.

In addition, because preliminary design activities were funded through the Community Development Block Grant Program administered by the U.S. Department of Housing and Urban Development (HUD), an Environmental Assessment (EA) was prepared in accordance with federal environmental review requirements. The environmental review process included agency and tribal coordination, consultation with the State Historic Preservation Office (SHPO), and execution of a Memorandum of Agreement (MOA) with SHPO and consulting tribal representatives to address cultural resource considerations.

The Environmental Assessment was submitted through the HUD Environmental Review Online System.

Because no federal funding is proposed for construction and construction activities will be funded entirely through local sources, the City’s environmental consultant determined that the federal environmental review process is complete and no further HUD approval is required for construction of the Project.

Commission Recommendation
The contract was not presented to any commissions, as the recommended action does not introduce any new policy implications or directives.

Strategic Plan Integration
Not Applicable.
34 Washington Public Infrastructure Project Construction Contract (CIP 15047 & 12018) June 17, 2026

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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 compromise public safety, increase risks, and delay necessary Improvements to infrastructure.

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) as CIP 15047 and CIP 12018. Tables 2 and 3 provide a summary of current expenditures and anticipated remaining costs associated with CIP 15047.

Sufficient funding remains within CIP 15047 to fully fund the Project construction contract and associated construction contingency. No additional appropriations are requested for CIP 15047.

Tables 4 and 5 provide a summary of current expenditures and anticipated remaining costs associated with CIP 12018 for the 5th and F Street Traffic Signal Project. Construction management, archaeological monitoring, and associated City staff costs will be charged to CIP 12018. To adequately fund the remaining project costs, an additional $500,000 appropriation is required for CIP 12018. Staff recommends the use of the Traffic Improvement Fund (TIF) for the requested appropriation, as included in Resolution 26-59 (Attachment 5).

Because the Washington Public Infrastructure Improvements Project and the 5th and F Street Signal Project are being constructed concurrently under a coordinated delivery approach, project costs are being administratively allocated between the two CIPs to simplify contract administration, budgeting, and project accounting.

Accordingly, the Project construction contract and associated contingency will be charged to CIP 15047, while construction management, archaeological monitoring, and associated City staff costs will be charged to CIP 12018.

Table 2. CIP 15047 Project Budget Summary
Category Description Amount
Costs Incurred to Date Consultant – Bennett Engineering Services (Design) $512,119.00
Consultant – LSA (Environmental) $57,243.00
Legal Fees – Kronick $6,855.00
City Staff (Project Management) $243,200.00
Subtotal – Costs to Date $819,417.00
Estimated Remaining Costs Construction – Hyatt Contracting, Inc. (Pending Approval) $1,366,497.65
Construction Contingency (Pending Approval) $135,650.00 Subtotal – Estimated Remaining Costs $1,502,147.65
Funding Summary Current Appropriated Funds $2,311,321.00 35 Washington Public Infrastructure Project Construction Contract (CIP 15047 & 12018) June 17, 2026

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Table 3. CIP 12018 Project Cost and Funding Summary
Category Description Amount
Costs Incurred to Date Consultant – Bennett Engineering Services (Design) $55,445.00
Consultant – LSA (Environmental) $9,909.00
Legal Fees – Kronick $189.00
PG&E $13,626.00
City Staff (Project Management) $91,981.00
Yocha Dehe Contract $100,000.00
Subtotal – Costs to Date $271,150.00
Estimated Remaining Costs Construction Management – Webster (Pending Approval) $228,900.00
Construction Management Contingency –
Webster $34,335.00
Archaeologist Contract – ESA (Pending
Approval) $258,423.00
Archaeologist Contingency – ESA $38,763.00
City Staff (Project Management & Inspection) $336,784.00 Subtotal – Estimated Remaining Costs $897,205.00
Funding Summary Current Appropriated Funds $700,000.00
Requested Additional Funding (TIF) $500,000.00

ATTACHMENTS

1. Resolution 26-59

2. Vicinity Map

3. CPE 26-179 Consultant Contract with Webster Engineering, Inc for $228,900

4. CPE 26-180 Consultant Contract with ESA for $258,423

5. CPE 26-59 Construction Contract with Hyatt Contracting Inc for $1,366,497.65 36 37
Webster Engineering, Inc
CPE26-179 – Washington Public Infrastructure-CM Services Expires on 12/31/2028
1 11/4/24

CONTRACT FOR SERVICES
THIS CONTRACT is made on June 17, 2026, by and between the CITY OF WEST SACRAMENTO (“City”), and Webster Engineering, Inc (“Consultant”).

WITNESSETH:

WHEREAS, the City desires to retain Webster Engineering, Inc for construction management services to facilitate construction of the Washington Public Infrastructure Project; and
WHEREAS, the Consultant has presented a proposal for such services to the City, dated April 10, 2026, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

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

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed two hundred and twenty-eight thousand, nine hundred dollars ($228,900), 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".

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

4. TERMINATION:

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract. 39 Webster Engineering, Inc
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C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

6. EXTENSIONS OF TIME:

7. PROPERTY OF CITY:

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

8. COMPLIANCE WITH ALL LAWS:

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract. 40 Webster Engineering, Inc
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4 11/4/24

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

10. SUBCONTRACTING:

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is 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 41 Webster Engineering, Inc
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Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

15. INDEMNITY AND LITIGATION COSTS:

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

16. CONSULTANT TO PROVIDE INSURANCE:

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

1. Worker’s Compensation and Employer’s Liability Insurance 42 Webster Engineering, Inc
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2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or it’s equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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 43 Webster Engineering, Inc
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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).

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.

17. MISCELLANEOUS PROVISIONS:

C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work 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. 44 Webster Engineering, Inc
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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.

City: City of West Sacramento
Attn to: Joanna Ortiz
1110 West Capitol Ave
West Sacramento, CA 95691
Email: [email protected]

Consultant:

Webster Engineering, Inc
Attn to: Katherine Webster
P.O. Box 2214
Placerville, CA 95667
Email: [email protected]

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

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

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
Webster Engineering, Inc
By: _________________________
Katherine Webster, Owner
46 Webster Engineering, Inc
CPE26-179 – Washington Public Infrastructure-CM Services Expires on 12/31/2028

EXHIBIT A
Consultant Proposal/Scope of Work
47 W A S H I N G T O N P U B L I C I N F R A S T R U C T U R E P R O J E C T C i t y o f W e s t S a c r a m e n t o • A p r i l 1 0 , 2 0 2 6 • 1 City of West Sacramento
Attn: Joanna Ortiz
Capital Projects Department
1110 W Capitol Ave
West Sacramento, CA 95691
Re. Proposal for RFQ 26-031-RFQUOTE Construction Management Services for the Washington Public Infrastructure Project
Washington Public
Infrastructure
Project Location
Justyn Webster will serve as Resident
Engineer on both the Washington Public
Infrastructure and 6th & Cummins
projects, less than 1 mile apart.
2 APWA award-winning projects with
the City of West Sacramento
2 projects with Washington’s EOR
(Bennett Engineering)
4 corridor/frontage improvement
projects
2 HUD/CDBG-funded projects
Our Team’s Track Record 6 Street & Cummins Way
Traffic Safety Project
th Dear Ms. Ortiz,
The Washington Public Infrastructure Project continues the City's investment in the Washington District, extending the streetscape improvements completed under the 2019 Washington District Sustainable Community Infrastructure Project (WDSCIP) from F Street from 5th Street to 6th Street. The block currently lacks sidewalk, ADA accessible ramps, street lighting, and a signalized intersection at 5th and F Street where residents have identified repeated safety concerns.

Webster Engineering, Inc. (WEI) has performed a preliminary constructability review of the contract documents, plans, and Cultural Resource Mitigation Plan (CRMP) for this project. From that review, we want to highlight two items prior to the City's advertisement:

1.As part of our review, our preliminary field survey of existing driveways along the corridor confirmed that three of the four driveways are constructible within plan grades and the City's 10% maximum slope per Standard Detail 205.

The fourth, at STA “F” 12+92.08, is not. Required driveway zone slopes measure approximately 17.8% and 20.5%, nearly double the allowable maximum, with plan grades on Sheet CD-1 differing from field elevations by 4 to 5 inches.

2.The CRMP caps excavation at 12 inches within the east-half sidewalk zone, and even after the prior MOA-driven redesign the structural sections for flatwork consume nearly all of that depth, leaving 4 inches of margin at best and zero at worst. If native subgrade fails compaction, the contractor will need to overexcavate past the CRMP cap, triggering cultural resource monitoring protocols while the 7-day reconstruction clock established in the contract documents continues to run on a driveway that cannot be worked on. On the east half of F Street, an unexpected subgrade condition becomes a cultural resource issue, a schedule issue, and a contract compliance issue simultaneously.

The enclosed proposal includes our review findings, a CPM schedule with procurement lead times for all long-lead materials, and our team's qualifications and project approach.

April 10, 2026
Katherine Webster, P.E.

Owner / Principal-in-Charge
(916) 521-6932 • [email protected]
Authorized to bind the firm When this block is complete, the residents between 5th and 6th Street will have a signalized intersection, lit sidewalks, accessible curb ramps, and a streetscape that matches what their neighbors have had since 2019. Getting that work built correctly, on schedule, and within budget is what our team is prepared to deliver.

We acknowledge receipt of Addendum No. 1 dated 3/23/2026 and No. 2 dated 3/27/2026.

Respectfully submitted,
48 _____________ Justyn’s direct experience with the City includes the West Capitol Avenue Safety Enhancement and Road Rehabilitation project, an APWA Project of the Year (Transportation), where he served as Resident Engineer alongside the City’s PM, Ryan Teves, managing street lighting, signal modifications, ADA curb ramp construction, paving, striping, signage, and frontage improvements along an active commercial corridor. Justyn coordinated public outreach with over 150 businesses and residents on that project.

Justyn has also served as Resident Engineer on two projects designed by Bennett Engineering, with Lizette Zavala, PE, as civil engineer of record – the same design team responsible for the Washington project’s civil plans. On a project where signal foundation locations depend on curb line and grade, and conduit install affects driveway construction, that familiarity translates into faster field solutions.

Justyn will serve as the City’s Resident Engineer on the nearby 6 Street and Cummins Traffic Safety Project, located less than a mile from this project. This assignment provides the City with the benefit of shared knowledge of active utility coordination, traffic control staging, and contractor operations across both neighboring corridors. th

PROJECT MANAGER / RESIDENT

ENGINEER
Justyn Webster, PE1
Key Staff

PRINCIPAL-IN-CHARGE
Katherine Webster, PE1

P R O J E C T T E A M OFFICE ENGINEER
Stacy Turner, EIT1
MATL’S & EQPMT TESTING
Rob Hill2

CONSTRUCTION INSPECTOR
City Staff3
ALT. INSPECTOR
Justyn Webster, PE1

ARCHAEOLOGIST
Shannon Joy4

ARBORIST
Emily Tozzi4
Webster Engineering, Inc. Crawford & Associates, Inc. City of West Sacramento ICF Environmental, Inc. 1 2 3 4 Note, names shown in gray are included as optional resources to the City A former contractor with over 20
years of construction experience,
Justyn brings a field-first
perspective to contract
administration, cost control and
claims mitigation
Justyn Webster, PE • Project Manager/Resident Engineer • Project Allocation: 50% Justyn will serve as the City’s primary point of contact for day-to-day activities. He is a registered Civil Engineer and Qualified SWPPP Developer/Practitioner with over 20-years of experience.

Qualifications and Experience

S E C T I O N B
W A S H I N G T O N P U B L I C I N F R A S T R U C T U R E P R O J E C T C i t y o f W e s t S a c r a m e n t o • A p r i l 1 0 , 2 0 2 6 • Webster Engineering, Inc. (WEI) is a construction management and engineering consulting firm based in Placerville, specializing in the administration of public infrastructure projects. Members of our proposed team have delivered projects for the City of West Sacramento, and key staff have worked together across multiple engagements including their current partnership on El Dorado County’s Mosquito Road Bridge Replacement project. 2 49
Katherine Webster, PE • Principal-in-Charge • Project Allocation: As Needed Katherine will provide senior oversight, quality assurance on project documentation, progress payments, and contract administration. She has delivered work for the City of West Sacramento, serving as the Office Engineer and Construction Inspector on the North Riverwalk Trail Extension, ______________ and Caltrans Labor Compliance Training.

Stacy is currently serving as Office Engineer on the El Dorado County Mosquito Road Bridge Replacement Project alongside Justyn and Katherine, where she manages technical submittal reviews, document control, change orders, and labor compliance. On the Town of Paradise On System Road Rehab – Misc 2025 project, a CDBGfunded project, Stacy served as the HUD and Labor Compliance Officer verifying that the contractor and all subcontractors met Section 3 requirements to preserve the project funding. That project shared several scope elements with Washington, including traffic signal upgrades, ADA curb ramps, and public outreach.

Stacy Turner, EIT • Office Engineer • Project Allocation: 50% Stacy will manage document control, COCs, and Buy America tracking, submittal tracking, certified payroll review, and labor compliance monitoring. She holds a B.S. in Civil Engineering from Sacramento State University and has completed both the Caltrans Resident Engineers’ Academy ______________ an APWA Project of the Year (Transportation) that included trail lighting, landscaping, ADA ramps, __________ and a mid-block pedestrian crossing. She is currently serving as the Resident Engineer on the $74M Mosquito Road Bridge Replacement Project in El Dorado County alongside Justyn and Stacy.

W A S H I N G T O N P U B L I C I N F R A S T R U C T U R E P R O J E C T C i t y o f W e s t S a c r a m e n t o • A p r i l 1 0 , 2 0 2 6 • Crawford and Associates, Inc. (Crawford) will provide materials and equipment testing on an as needed basis in compliance with the City's QAP. Crawford brings 22 years of materials testing and special inspection experience across public infrastructure projects.

WEI has also partnered with ICF Environmental, Inc. (ICF) to offer archaeological monitoring and arborist services as an optional addition to the base scope, addressing compliance gaps identified during our preliminary document review.

This team is organized around the City's RFQ tasks: Justyn leads construction management and coordination (Task 1), Stacy manages labor compliance and document control (Task 2), Justyn and Stacy coordinate public outreach (Task 3), Crawford provides materials testing under the City's QAP (Task 4), and ICF is available for archaeological monitoring and arborist services (Task 5). Each task is described further in our Scope of Work.

SUBCONSULTANT PARTNERS

TEAM EXPERIENCE
W E I S T A F F R O L E R E L E V A N T E X P E R I E N C E Justyn Webster, PE PM / Resident Engineer ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Stacy Turner, EIT Office Engineer ✓ ✓ ✓ ✓ ✓ ✓ ✓
Katherine Webster, PE Principal-in-Charge ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ S T R E E T L I G H T I N G S I G N A L I Z A T I O N H M A P A V I N G S L U R R Y S E A L A D A C O M P L I A N C E L A N D S C A P E H U D C O M P L . T R I B A L C O O R D . P U B L I C O U T R E A C H The matrix below summarizes our team’s relevant experience across Washington’s key construction elements. 3 50
Project Understanding

S E C T I O N C
W A S H I N G T O N P U B L I C I N F R A S T R U C T U R E P R O J E C T C i t y o f W e s t S a c r a m e n t o • A p r i l 1 0 , 2 0 2 6 • The Washington Public Infrastructure Project closes the last pedestrian gap in a corridor the City has been building out since 2019, when the $17 million Washington District Sustainable Community Infrastructure Project (WDSCIP) reconstructed F Street from 3rd to 5th with new utilities, sidewalks, lighting, and landscaping. This block carries that same streetscape from 5th to 6th and adds a signalized intersection at 5th and F Street, continuing the WDSCIP investment in the Washington District. For residents along this block, the project delivers the streetscape their neighbors received in 2019 and addresses a location they have flagged as a safety concern. Construction is estimated at approximately $2 million funded with local funds, though the design phase was partially CDBG-funded, which carries federal documentation requirements into the construction phase.

Our team's familiarity begins with the City itself: Justyn Webster, PE served as Resident Engineer on the West Capitol Avenue Safety Enhancement and Road Rehabilitation project, and his experience delivering Bennett Engineering's plans gives our team a head start on the communication protocols, documentation standards, and design intent that will shape daily decisions during construction.

This is a one-block corridor, but the density of work elements creates coordination challenges disproportionate to the project's physical footprint. What follows is our understanding of those elements and what makes each one significant from a construction management perspective:
5th & F Street intersection looking north. The project includes a new traffic signal at this intersection and continues the Phase 1 streetscape improvements (green bike lane, left) east along the south side of F Street.

F I N D I N G R E C O M M E N D A T I O N Long Lead Materials (Signals and Controller)
CSS Section 86-1.01C requires the Contractor to submit the electrical equipment list and vendor order confirmation within 15 days of contract approval. Signal poles and controllers each carry 20+ week lead times, exceeding the 90 working day contract duration. WEI recommends issuing a "Critical Start-Up / Early Action Items" letter upon contract execution to flag these submittals, and tracking vendor order confirmations as the first critical project milestone. Upon completion of all field work aside from long-lead installations, WEI recommends the City consider a project suspension to stop the working day count until equipment arrives.

Seven-Day Flatwork
Reconstruction Timeline
WEI recommends clarifying Section 11 to limit the 7-day flatwork reconstruction requirement to driveways, ADA ramps, and adjacent curb and gutter only. Standalone curb and gutter areas require coordination among multiple trades for electrical and irrigation rough-in, making the 7-day restriction difficult to achieve without risking quality or triggering liquidated damages.

KEY CHALLENGES
4 In addition to the findings described in our cover letter, the table below summarizes key issues, followed by an expanded discussion of the challenges we believe will need to be addressed during construction. 51 W A S H I N G T O N P U B L I C I N F R A S T R U C T U R E P R O J E C T C i t y o f W e s t S a c r a m e n t o • A p r i l 1 0 , 2 0 2 6 • 5 F I N D I N G R E C O M M E N D A T I O N Project Arborist Sheet L3.2 requires a Project Arborist for TPZ notifications, damage reporting, root pruning inspections, and mitigation approvals, but the contract documents do not identify who provides this role. WEI has included ICF on our team with an ISA-certified arborist who can serve as the Project Arborist during construction, avoiding delays tied to a compliance requirement.

CRMP Monitoring
Procedures
The CRMP requires excavation sections of no more than 10-meters, with separate trucks for demolition debris (i.e., concrete, base rock, fill) and for underlying soils to be screened. These protocols do not appear in the project specifications. WEI recommends incorporating these requirements into the Contractor's excavation work plan and reviewing them at the preconstruction meeting to avoid field disputes over monitoring procedures.

PG&E Service Point
Location
Sheet E-2 identifies the PG&E service point as "(120/240 V) (TBD)." The service point location has not been finalized, but the electrical design (controller cabinet, service equipment enclosure, and conduit routing) is built around an assumed location. If PG&E assigns a different service point, conduit runs and cabinet placement may need to be revised. WEI recommends the City initiate PG&E service coordination immediately upon the Contractor’s contract execution so the service point is confirmed before the Contractor begins underground electrical work.

Existing ADA Ramp
Reconstruction at 5th & F
Street Intersection
The signal conduit banks at the three existing ramps at 5th and F Street (Sheet E-3) converge at the curb returns in close proximity to the Phase 1 ADA ramps. While boring under the ramps may be feasible, the contractor must be aware of these constraints before beginning electrical work. WEI will review the conduit routing and installation method at each corner prior to start of work to avoid unnecessary damage to the existing ramps.
5 & F Street Flatwork
Demo / Reconstruction
Limits
th Sheets DM-1 and CD-1 show the removal and reconstruction of the driveway at the southeast corner of 5 & F Street back to the ROW line. Sheet L1.1 shows new improvements stopping short of the ROW; note, the existing property has stairs that stop short of the existing driveway. WEI recommends verifying the intended demo / reconstruction limits between the civil and landscape designers before the demolition begins and develop a transition detail if needed. th
Discover Stop-Work Radius The Project Mitigation Measures Summary (CULT-1a) requires all work to halt within 100 feet of any discovery, larger than the 25-foot CRMP radius. On a one-block corridor, a single discovery could shut down the entire active work area. WEI recommends phasing demolition and grading so the contractor always maintains a fallback work area outside the stop-work zone.

Concurrent Project Coordination
The City is separately advertising the Washington
District Infrastructure Upgrade Project (CWO 35000),
a water, sewer, and fiber optic project with work on F
Street, under a separate contract and a 100 working
day duration. With both contracts anticipated to start
construction in summer 2026, two contractors will be
working on the same corridor simultaneously. Both
projects trigger CRMP monitoring on an NRHP-eligible
site, both require lane access where total road
closures are not permitted, and both affect the same
residential properties.

Justyn managed a similar multi-contract coordination
on the Gibson Road Improvements project, where
roadway construction ran in tandem with AT&T, Wave,
and PG&E utility relocations in the same corridor.

Section 3.08 of the City Specifications includes
language for general cooperation between
contractors, but does not identify specific concurrent
projects as part of this contract. WEI recommends the
City supplement these provisions by identifying CWO
35000 in the construction specifications, including
anticipated schedule overlap, shared access
constraints, and CRMP monitoring coordination
requirements so both contractors are aware of the
concurrent operations before bidding. The RE will
establish a joint coordination protocol at preconstruction including shared weekly schedules, and a single point of contact for CRMP monitoring logistics,
creating a documented record of coordination that
protects the City against delay claims from contractors.

Signal Interconnect
The Signal Interconnect System (Sheet E-5) extends
well beyond the F Street project limits, running new 3- inch conduit with 96-strand fiber optic cable along 5th Street from W. Capitol Avenue south to C Street. This
work is paid under a single lump sum bid item but
effectively doubles the project's geographic footprint.

The contractor’s conduit routing will determine the
52 Existing custom flatwork at 529 F Street. Parking area to left of driveway is set to be replaced with landscaping.

WEI Constructabilty Review
Groundwater Conditions at Signal Pole Foundations
The signal pole foundations at 5th and F Street (Type
19-4-100) require excavation to approximately 13 feet.

Crawford & Associates, part of the WEI team, recently
drilled four borings on F Street for the WDIUP project
(CWO 35000). Their data shows groundwater at 12 feet
and loose silty sand with N-values of 6 to 7 at
foundation depth.One boring recorded "Push" at 14
feet, indicating virtually no resistance at foundation
depth. The contractor will need to dewater and shore
the excavation before the foundation can be poured,
and Section 22 requires a Dewatering Water Control
Plan prepared by a registered Civil Engineer before that work can begin, at no separate payment.

Because signal poles carry 20+ week lead times, WEI
recommends scheduling foundation work early in the
construction window during the driest summer months
when groundwater is at its lowest. This allows time to
complete the CRMP pre-construction investigation at
the intersection, resolve dewatering and shoring
requirements, and pour foundations well before the
equipment arrives. Crawford will review the
contractor's dewatering and shoring submittals against
their own boring data to verify the approach is
appropriate for the documented conditions.

W A S H I N G T O N P U B L I C I N F R A S T R U C T U R E P R O J E C T C i t y o f W e s t S a c r a m e n t o • A p r i l 1 0 , 2 0 2 6 • 6 restoration impact. Trenching through the sidewalk
triggers flatwork reconstruction and conflicts with
existing utility boxes. Routing in the lip of gutter
requires cutting through the existing MMA green bike
lane. MMA cannot be patched to match a weathered
surface, so trench repairs will produce visible color
mismatches unless the full bike lane width is reapplied at each crossing. This is expensive and not currently addressed in the measurement and
payment. WEI recommends clarifying the preferred
restoration and modifying the measure and payment
clauses to clearly reflect that.

Additionally, WEI will work with the Contractor to
identify preferred routing and develop an installation
plan that accounts for construction on 5 Street. The
RE will verify that all potholing is completed in
advance, and will coordinate with businesses along
the corridor regarding temporary parking and access
impacts during conduit installation.
th
with the affected property owner and communicated in
advance of construction beginning.

Looking south along 5th
Street from F Street. The
signal interconnect
conduit will run along this
corridor for multiple
blocks. The proposed
conduit will need to be
coordinated with existing
utility infrastructure,
requiring restoration of
the sidewalk, pavement,
and striping and
pavement markings along
5th Street.

Private Property Frontage
The resident at 529 F Street has extensive custom
concrete that currently functions as parking and
property access. The plans show demolition of the
ROW portion and replacement with new sidewalk,
curb and gutter, and a landscape planter where the
concrete area exists today. This is a functional change to how the resident uses their frontage, not just a
material replacement.

WEI recommends beginning outreach to affected
property owners early in the pre-construction phase
to communicate the upcoming changes to their
frontage before the contractor mobilizes. Where the
new design changes the functional use of a property’s
frontage, WEI will coordinate with the City to verify
that the proposed configuration has been reviewed
Our redlines to the project
plans and contract
specifications are
available via the following
QR code. Please reference
the following page for our
draft schedule.
53 Title Start
5/4/26
5/4/26
5/4/26
6/8/26
6/9/26
6/2/26
6/2/26
6/16/26
6/16/26
6/15/26
6/22/26
6/22/26
6/23/26
6/23/26
6/23/26
6/24/26
6/29/26
7/2/26
7/20/26
7/29/26
7/2/26
7/2/26
7/2/26
8/7/26
8/18/26
8/20/26
8/20/26
9/11/26
9/22/26
9/25/26
9/28/26
9/30/26
10/5/26
10/8/26
12/8/26
12/15/26
12/8/26
12/15/26
12/15/26
1/8/27
12/8/26
12/9/26
1/15/27
1/19/27
1/20/27
1/20/27
End
12/7/26
5/4/26
6/1/26
6/8/26
6/22/26
6/15/26
6/15/26
12/7/26
12/7/26
6/15/26
1/19/27
6/22/26
6/23/26
6/23/26
7/1/26
6/26/26
7/17/26
7/10/26
7/28/26
8/6/26
7/30/26
7/30/26
7/30/26
8/17/26
8/19/26
9/10/26
8/31/26
9/21/26
9/24/26
9/25/26
9/29/26
10/2/26
10/7/26
12/7/26
12/14/26
12/21/26
12/14/26
12/16/26
1/7/27
1/14/27
12/8/26
12/9/26
1/19/27
1/19/27
7/19/27
7/19/27
Duration
150d
Total Slack May 2026 Jun 2026 Jul 2026 Aug 2026 Sep 2026 Oct 2026 …v 2026 Dec 2026 Jan 2027 Feb 2027 Mar 2027 Apr 2027 May 2027 Jun 2027 Jul 2027 Aug 2027 Sep 2027 Oc 1)Project Start-Up 2)Bid Opening 3)Contract Award & Execution
4)Preconstruction Meeting
5)Notice to Proceed
6)Startup Submittals
7)Signal, Lighting, Controller Submittals
8)Signal and Lighting Procurement
9)Irrigation Controller Procurement
10)Cultural Resource Training 11) Construction 12) Mobilization 13)Traffic Control, BMPs
14)Construction Staking
15)Concrete Test Panels
16)Clearing and Grubbing
17) Potholing
18)Flatwork Segment 1 (~130 LF) - Demo, Form, Pour
19)Flatwork Segment 2 (~130 LF) - Demo, Form, Pour
20)Flatwork Segment 3 (~130 LF) - Demo, Form, Pour
21)Electrical Conduit & Pull Boxes
22) Irrigation
23)Adjust Utilities
24)ADA Ramps
25)5th & F Street Electrical
26)Interconnect Conduit
27)Signal Foundations
28)Reconstruct Crosswalk at 5th & F St
29) Pave
30)Remove Thermoplastic
31)Slurry Seal
32)Striping & Signage
33) Crosswalk
34)Suggested WD Suspension
35)Irrigation Controller
36) Landscaping
37)Signals - Poles
38)Signal - Interconnect
39)Tech Scheduling
40)Signals - Turn On
41)Streetlight - Poles
42)Streetlight - Wiring
43)Punch List
44)Project Acceptance
45) Maintenance 46)Landscape Maintenance 20d 10d
10d
10d
120d
120d
142d 1d
1d
7d
3d
15d
7d
7d
7d
21d
21d
21d
7d
2d
15d
8d
6d
3d
1d
2d
3d
3d
40d
5d
5d
5d
2d
15d
5d
1d
1d
2d
126d
180ed
153d
0d
0d
65d
65d
70d
0d
0d
15d
70d
126d
65d
65d
97d
70d
65d
65d
70d
65d
65d
77d
102d
240d
65d
65d
65d
65d
65d
65d
65d
65d
65d
65d
153d
15d
15d
0d
13d
0d
0d
23d
23d
0d
0d
0d
0d
Cultural Resource Training Bid Opening Contract Award & Execution Preconstruction Meeting Notice to Proceed Startup Submittals Signal, Lighting, Controller Submittals
Signal and Lighting Procurement
Irrigation Controller Procurement
Mobilization Traffic Control, BMPs
Construction Staking
Concrete Test Panels
Clearing and Grubbing
Potholing Flatwork Segment 1 (~130 LF) - Demo, Form, Pour Flatwork Segment 2 (~130 LF) - Demo, Form, Pour Flatwork Segment 3 (~130 LF) - Demo, Form, Pour Electrical Conduit & Pull Boxes Irrigation
Adjust Utilities
ADA Ramps 5th & F Street Electrical Interconnect Conduit Signal Foundations Reconstruct Crosswalk at 5th & F St Pave Remove Thermoplastic Slurry Seal Striping & Signage Crosswalk Suggested WD Suspension Irrigation Controller Landscaping Signals - Poles Signal - Interconnect Tech Scheduling Signals - Turn On Streetlight - Poles Streetlight - Wiring Punch List Project Acceptance Landscape Maintenance Current lead time for signals and controllers is 20-25 weeks on average. This schedule uses 120 working days as the
procurement duration. If vendor-confirmed lead times exceed 120 days at contract execution, the critical path will shift accordingly.

Signal turn-on requires the controller technician, camera tech, push button tech, City signal staff, and contractor be on site at the same time. Turn-ons are generally limited to Tuesday through Thursday and require 3-4 weeks advance scheduling. If any party is unavailable, the next opening is 4-6 weeks out with no opportunity to recover lost time.

Justyn has coordinated multiple signal turn-ons including on the West Capitol Avenue project and understands how a single missed date can delay project acceptance over a month. WEI will work with the contractor to begin turn-on scheduling as soon as pole deliveries and install are confirmed to minimize delays.

W A S H I N G T O N P U B L I C I N F R A S T R U C T U R E P R O J E C T C i t y o f W e s t S a c r a m e n t o • A p r i l 1 0 , 2 0 2 6 • 7

WEI DRAFT CONSTRUCTION SCHEDULE
This CPM schedule was developed from our review of the contract documents, specifications, and long-lead procurement timelines identified in our constructability review.

Due to the high likelihood of partial work completion before long-lead items arrive, WEI recommends the City consider a working day suspension during the procurement gap. This avoids charging contract time while the contractor has no critical work to perform and protects the City's liquidated damages position if delays arise later in the project.
54 W A S H I N G T O N P U B L I C I N F R A S T R U C T U R E P R O J E C T C i t y o f W e s t S a c r a m e n t o • A p r i l 1 0 , 2 0 2 6 • 8 Technical Approach

S E C T I O N D
The challenges identified in our project understanding
inform how WEI will manage this project. Our
approach is organized around seven management
principles, each applied to the specific conditions
along this corridor.
1) Communication and Coordination: Justyn will
serve as the City's primary point of contact for the
contractor, utilities, residents, and businesses along
the corridor. For time-sensitive field issues, his
approach is phone first, email to confirm, creating a
traceable record without slowing down decisions. All
project correspondence, submittals, RFIs, and change
documentation will be managed through the City's
Virtual Project Manager (VPM) system. Weekly
progress meetings will be documented with written
minutes and action items. Justyn will provide a
weekly summary to the City Project Manager covering
field progress, schedule status, open items, and any
cost or schedule impacts requiring City direction.

Justyn also serves as Resident Engineer on the nearby
6th Street and Cummins Traffic Safety Project,
located less than a mile from this corridor. That
concurrent assignment gives the City shared
knowledge of active utility coordination, traffic
control staging, and contractor operations across
both neighborhoods without duplicating coordination
effort.
2) Schedule Management: Justyn will respond
promptly to submittals, RFIs, and letters to prevent
avoidable delays to the project schedule. This will
enable the Contractor to move quickly on controlling
activities. Justyn will track contract time through the Weekly Statement of Working Days and will notify the
contractor in advance of potential for liquidated
damages should they near and exceed the contract
duration.
3) Budget Forecasting and Cost Management: As part
of project start up, our team will perform an
independent quantity takeoff by bid item to establish
a quantity baseline. That forecast will be updated
monthly so potential overruns are identified early, not at closeout. For lump sum items, Justyn will review the schedule of values to confirm it supports payment.
4) Claims Avoidance: Most construction claims start
with unclear expectations. WEI addresses this at preconstruction by establishing documentation, sequencing, and notification requirements with the
contractor before work begins. An example for this
project would be to require a driveway work plan
showing how electrical, irrigation, and concrete trades will meet Section 11's 7-day reconstruction window,
and confirming the contractor's CRMP notification
procedures before ground-disturbing work starts.
5) Quality Assurance: WEI subscribes to the philosophy
that the contractor is responsible for checking the
work; the Owner is responsible for checking the
checker. We will work closely to verify the Contractor
is performing their own Quality Control as required.

Crawford will confirm material conformance with the
approved submittals and the City’s QAP. We will review
material shipments for conformance prior to them
being offloaded when possible, and we will perform
Source Inspection as needed.
6) Audit Preparation: WEI’s extensive experience with
local, state, and federal projects provides us with the expertise to manage project documentation. While
this project is funded using local funds, our team
utilizes Caltrans LAPM-level documentation standards
as a best practice on all projects. Because the design
phase was partially CDBG-funded, HUD and Section 3
documentation requirements carry into construction
despite local funding. Stacy will maintain audit-ready
files from day one.
7) Lessons Learned: WEI will track lessons learned
throughout construction and share them with the City
at closeout, particularly observations on CRMP
coordination and multi-contractor sequencing that will
inform the City's approach to future project phases.

PROJECT APPROACH
55 W A S H I N G T O N P U B L I C I N F R A S T R U C T U R E P R O J E C T C i t y o f W e s t S a c r a m e n t o • A p r i l 1 0 , 2 0 2 6 • Upon contract execution, WEI will perform the
following tasks:

Task 1: Construction Management & Coordination
Justyn will serve as Resident Engineer and the City’s
primary representative for this project. He will lead WEI to perform the following:

Pre-Construction: Justyn will lead the preconstruction conference covering schedule expectations, the submittal and procurement
sequence, CRMP notification protocols, labor
compliance requirements, communication and RFI
procedures, and the contractor's site-specific safety
plan. He will coordinate attendees (including the
archaeologist and tribal monitors for the east-half
work), prepare the agenda, and distribute meeting
minutes within two business days. WEI will also perform a pre-construction site walk to document existing
conditions with photographs and video prior to any
work beginning.

During the bidding period, if requested, Justyn will
assist City staff in responding to prospective bidder
questions and will review any resulting addenda for
consistency with our constructability review findings.

During Construction: Justyn will serve as the City's
primary representative for day-to-day field decisions.

The City's Inspector will submit daily reports to Justyn for review by the following business morning; Justyn
will flag anything requiring City direction and compile weekly summaries for the City Project Manager. Justyn
will review the contractor's safety plan at the preconstruction conference and monitor implementation throughout construction, including verifying that the
contractor maintains a site-specific safety plan
consistent with field conditions as the work progresses.

While construction is funded with local funds, the
contract documents carry HUD/CDBG documentation
requirements from the design-phase funding. WEI will
maintain the project files organized to audit standards, and Justyn will verify that all project documentation
meets HUD requirements throughout construction.

Closeout: WEI treats closeout as a continuous process
rather than a final phase. As-built drawings are updated through construction, the project files are organized to meet audit standards from day one, and HUD/CDBG
documentation is filed as it is generated rather than
reconstructed at the end.

At substantial completion, Justyn will coordinate final inspections, consolidate the punch list, and verify each item before recommending acceptance. Stacy will
finalize the project files in parallel, including as-built record drawings, all testing documentation, the Labor
Compliance Monitoring Report, certified payroll
records, public outreach log, the CRMP monitoring log,
and HUD compliance documentation, delivered
electronically. WEI will then assist the City with project close-out documentation, including final contract
accounting, retention release, and any remaining
reporting required to formally close the project.

Cultural resource and tribal coordination, and MOA
notification protocols, are described under Task 5.

Task 1 Deliverables: Pre-construction site walk photos, pre-construction conference agenda and minutes,
weekly project summaries, monthly cost forecasts,
record drawings, complete project files
Task 2: Labor Compliance
Stacy Turner will manage labor compliance, including
certified payroll review each pay period, prevailing
wage verification, and monthly employee interviews
across each craft for the prime and subcontractors.

She will verify whether prevailing wage determinations
were updated between bid opening and contract
award, confirm DIR registration before work begins, and distribute a Labor Compliance and Section 3
Compliance packet at the pre-construction conference.

Task 2 Deliverables: Labor Compliance and Section 3
packet, CPR tracking log, employee interview records,
Labor Compliance Monitoring Report
Task 3: Public Outreach
Justyn and Stacy will manage public outreach directly.

Before construction, WEI will distribute outreach flyers to residents and businesses with a project-specific
email and phone number staffed by our team.

During construction, WEI will coordinate with affected
property owners in advance of any driveway closure or
access disruption, particularly during the 7-day

SCOPE OF WORK
9 56
W A S H I N G T O N P U B L I C I N F R A S T R U C T U R E P R O J E C T C i t y o f W e s t S a c r a m e n t o • A p r i l 1 0 , 2 0 2 6 • 10 driveway reconstruction windows. A log of all public
inquiries and responses will be maintained for the
City’s use.

Task 3 Deliverables: Pre-construction outreach flyers,
project-specific email and phone contact, public
inquiry and response log, weekly outreach summaries
Task 4: Material and Equipment Testing
Crawford will perform all testing under the City’s 2025 QAP. Responsibilities will include:

Perform all materials testing in accordance with the
City's QAP, project plans, specifications, and
applicable industry standards. Key testing on this
project includes PCC for flatwork and signal/lighting
foundations, aggregate base, HMA, and slurry seal.

Maintain testing documentation and notify WEI of
any failed tests or construction deficiencies,
document all corrective actions including
remove/replace and rework/retest.

Provide QAP testing documentation as required
throughout construction.

Perform source inspection if required. Signal and
lighting components (Union Metal P874-39-B262-Y1
poles, Lumec S56 luminaires, controller) fall under
Tier 2 of the QAP risk matrix (significant safety
concern) and may require intermittent inspection
during fabrication. Crawford will coordinate the
inspection schedule with manufacturers and report
results to Justyn before equipment ships.

All coordination with Crawford will be managed by WEI
and any retesting / failures that impact the schedule
will be communicated to the City by our team.

Task 4 Deliverables: Materials testing reports and
tracking logs, source inspection reports as applicable, corrective action documentation
Task 5: Environmental and Cultural Resource
Compliance (Optional)
The eastern half of F Street is located within
NRHP‑eligible archaeological site CA‑YOL‑27, as
addressed under the City’s Memorandum of Agreement
(MOA) for the E & F Streets Improvements Project and
the approved Cultural Resources Mitigation Plan
(CRMP). Existing mature trees line the corridor, and no arborist survey or tree protection plan is identified in the contract documents.

As an option to the City, WEI has included ICF on our
team to provide arborist and tree protection support as well as cultural resource coordination during
construction. All activities will be monitored and
coordinated through WEI and consist of the following:

Pre-Construction
Administer a CRMP tailgate briefing for all
Contractor and Subcontractor personnel.

Conduct a tree survey, identify trees within or
adjacent to the work zone, and establish Tree
Protection Zones (TPZs).

Coordinate scheduling of archaeological test
trenching at the two 5th & F signal/light pole
foundations, identified in the CRMP as requiring
clearance prior to foundation excavation.

Monitoring Coordination
Provide 48‑hour advance notification, on behalf of
the City, to archaeological and tribal monitors prior
to each ground‑disturbing activity on the east half
of F Street; confirm daily work limits with the
Contractor and monitoring team each morning.

Track Contractor compliance with CRMP excavation
procedures, including 10‑meter phased sections,
two‑truck soil separation, bucket inspection
protocols, and transport of sensitive spoils to the
designated screening yard.

Documentation and Discoveries
Distribute monitoring logs to the City and relevant
parties; maintain a project log of monitoring
activities, notifications, and schedule impacts.

If cultural resources or human remains are
encountered, assist the City in implementing MOA
stop-work procedures including cessation of work
within the protective buffer and notification to
appropriate parties.

Tree Protection
Monitor TPZ compliance during construction and
coordinate with ICF if root zone issues arise during
excavation or grading adjacent to existing trees.

Task 5 Deliverables: Pre-construction tree survey,
CRMP tailgate briefing materials, archaeologist
trenching coordination, monitoring logs, monitoring
summaries
57 Webster Engineering, Inc
CPE26-179 – Washington Public Infrastructure-CM Services Expires on 12/31/2028

EXHIBIT B
Schedule of Performance
Contract Start Date
June 17, 2026
Contract End Date
December 31, 2028
58 Webster Engineering, Inc
CPE26-179 – Washington Public Infrastructure-CM Services Expires on 12/31/2028

EXHIBIT C
Schedule of Fees
59 P.O. BOX 2214, PLACERVILLE, CA 95667
WWW.WEBSTERENGINEERING.NET
[email protected]
916-521-6932
1 April 10, 2026
Joanna Ortiz
City of West Sacramento
Capital Projects Department
1110 W Capitol Ave
West Sacramento, CA 95691
Subject: Cost Proposal for 26-031-RFQUOTE for Construction Management Services for the Washington Public Infrastructure Project
Dear Ms. Ortiz,
Webster Engineering, Inc. (WEI) is pleased to provide our cost proposal to provide construction management services for the Washington Public Infrastructure Project. Attached for your review is our cost proposal based on our Scope of Work, including subconsultant costs.

Our estimated time and materials plus fixed fee (not to exceed) budget for the task of Construction Management Services is: $228,900.00.

We believe that the hours presented in the cost proposal provides a reasonable level of effort for this project as we understand it. We would welcome an opportunity to review and adjust our fee to meet the City’s goals for the successful completion and delivery of this project.

Thank you for the opportunity to submit our proposal for this contract. Please contact me at 916-521-6932 or [email protected] if you have any questions or need additional information.

Sincerely,
Katherine Webster, P.E.

Principal-in-Charge/Owner
Webster Engineering, Inc.
60 Note: Mark-ups are Not Allowed
Consultant
Project No. Contract Date 4/10/26

DIRECT LABOR
Key Staff
Hours Range
Initial
Hourly Rate
* 8 $90-$130 $120.00
* 360 $85-$110 $100.00
0 $40-$80 $47.50
0 $60-$100 $65.39
0 $100-$125 $98.09
0 $140-$175 $130.78
0 $60-$100 $65.39
0 $100-$125 $98.09
0 $140-$175 $130.78
0 $60-$100 $70.00
0 $100-$125 $105.00
0 $140-$175 $140.00
0 $95 - $115 $73.06
0 $125 - $150 $109.59
0 $150 - $190 $146.12
* 360 $35-$60 $40.00
subtotal 728 subtotal

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases
c) Total Direct Labor Costs [(a) + (b)] $ 51,616.80

INDIRECT COSTS
d) Fringe Benefits ( Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $ - f) Overhead ( Rate: 118.16% ) $ 60,990.41
h) General and Administrative ( Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $ - j) Total Indirect Costs [(e) + (g) + (i)] $ 60,990.41

FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 12% ] $ 13,512.87 Quantity Unit
0 Days
0 Days
0 Days
0 Days
0 Project
0 Mi.
l) TOTAL OTHER DIRECT COSTS $ 5,121.72
Subconsultant 1: $ 84,686.46
Subconsultant 2: $ 12,971.74
Subconsultant 3: $ -
Subconsultant 4:

Subconsultant 5:
$ 97,658.20
$ 102,779.92
$ 228,900.00
NOTES:
$ 51,360.00
g) Overhead [(c) x (f)
$ 51,360.00
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) $ -
$ 14,400.00
Per Diem - Structure Representative $160.00 $ -
Construction Inspector 2nd Shift DT (Grp 2) **
Office Engineer / Labor Compliance
Staff
Stacy Turner
$ -
Description of Item Unit Cost Total
Per Diem - Resident Engineer $160.00 $ -
ICF Environmental, Inc. (Optional)
$ 256.80
Per Diem - Assistant Resident Engineer
$0.00 $ -
$0.730 $ -
Miscellaneous Field Supplies $ 121.72
Mileage
Field Office
Actual
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Public Outreach Materials Actual $ 5,000.00
$160.00 $ -
Per Diem - Construction Inspector $160.00
Crawford & Associates
(m) TOTAL SUBCONSULTANTS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]

1. Key Personnel must be marked with an asterisk (*) and employees that are object to prevailing wage must be marked with two asterisks (**). All costs must comply with the Federal costs 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 excepted by Caltrans.

3. Anticipated salary increases calculation must accompany.

Construction Inspector OT (Grp 2) **
Construction Inspector 2nd Shift OT (Grp 2) ** Staff $ - Construction Inspector DT (Grp 2)** Skyler Lund $ -
$ -
$ -
Construction Inspector 2nd Shift (Grp 2) ** Staff
Skyler Lund
Staff $ -
Construction Inspector DT (Grp 2)** Staff $ -
Construction Inspector (Grp 2)** Staff $ -
Construction Inspector OT (Grp 2) **
$ -
$ -
Resident Engineer / Project Manager Justyn Webster $ 36,000.00 $ -
Brandon LaChance
Brandon LaChance
Brandon LaChance
Skyler Lund
$ -
Assistant RE (Non-PW)
Construction Inspector (Grp 2) **
Construction Inspector OT (Grp 2)**
Brandon LaChance
Construction Inspector DT (Grp 2)**
Construction Inspector (Grp 2)**
Total
COST PROPOSAL 1
Cost-Plus-Fixed Fee or Lump Sum OR Firm Fixed Price Contracts (Design, Engineering and Environmental Studies)
Webster Engineering, Inc.

RFQ 26-031-RFQuote Washington Public Infrastructure - CMI Services Classification/Title Name
Principal-in-Charge Katherine Webster $ 960.00
$ -
Prime Consultant Subconsultant 2nd Tier Subconsultant
61 Consultant Contract No. Washington Public Infrastructure - CMI Services Date 4/10/26

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
Contract Duration
Year 1 (2026) $ 51,360.00 / 728 = $70.55 Year 1 Avg Hourly Rate Avg Hourly Rate Proposed
Escalation
Year 2 (2027) $70.55 + 5.0% = $74.08
Year 3 (2028) $74.08 + 5.0% = $77.78
Year 4 (2029) $77.78 + 5.0% = $81.67 Year 4 Avg Hourly Rate Year 5 (2030) $81.67 + 5.0% = $85.75 Year 5 Avg Hourly Rate Estimated %
Completed Each
Period
Total Hours per
Cost Proposal
Total Hours per
Period
Year 1 (2026) 90.00% * 728 = 655.20 Estimated Hours Year 1 Year 2 (2027) 10.00% * 728 = 72.80 Estimated Hours Year 2 Year 3 (2028) 0.00% * 728 = 0 Estimated Hours Year 3
Year 4 (2029) 0.00% * 728 = 0 Estimated Hours Year 4
Year 5 (2030) 0.00% * 728 = 0 Estimated Hours Year 5
Total 100% Total = 728.00

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 (2026) $70.55 * 655.2 = $46,224.00 Estimated Hours Year 1 Year 2 (2027) $74.08 * 72.8 = $5,392.80 Estimated Hours Year 2 Year 3 (2028) $77.78 * 0 = $0.00 Estimated Hours Year 3 Year 4 (2029) $81.67 * 0 = $0.00 Estimated Hours Year 4 Year 5 (2030) $85.75 * 0 = $0.00 Estimated Hours Year 5 = $51,616.80
= $51,360.00
= $256.80 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. CGI Technical Services, Inc.

Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase

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.) Cost
Per Period
Total Direct Labor Cost with Escalation
COST PROPOSAL 1
Actual Cost-Plus-Fixed Fee or Lump Sum (Firm Fixed Price) contracts (Calculations for Anticipated Salary Increases)
Webster Engineering, Inc.

Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate % each period by total hours) 62 Name: Title*:

Signature: _______________________________________________ Date of Certification (mm/dd/yyyy): 4/10/2026 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.

Construction management and inspection services
Katherine Webster Owner / Principal
[email protected] (916) 521-6932
P.O. Box 2214, Placerville, CA 95667
Prime Consultant or Subconsultant Certifying:

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)

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 Engineering and Design Related Service
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). 63 Cost Proposal
Washington_WEI_CMI.xlsx Project 1 Hrs 4/10/26
Project No.: RFQ 26-031-RFQuote
TASKS
Principal EngineerProject Manager / Resident EngineerConstruction Inspector, Group 2 **Construction Inspector, Group 2 ** (1.5x OT)Construction Inspector, Group 2 ** (2.0x DT)Office Engineer / Labor Compliance OfficerblankTotal HoursCrawford & AssociatesICF Environmental, Inc.Total Cost RATE $ 120.00 $ 100.00 $ 70.00 $ 105.00 $ 140.00 $ 40.00 KW JW CIG2 CIG2OT CIG2DT ST blank
1 Construction Management and Coordination 8 288 144 440 $ 86,789.28 2 Labor Compliance 144 144 $ 14,073.94
3 Public Outreach 72 72 144 $ 24,629.39
4 Materials and Equipment Testing 0 $ 84,686.46 $ 84,686.46 5 Environmental and Cultural Resource Compliance
(Optional) 0 $ 12,971.74 $ 12,971.74
0 $ -
0 $ -
0 $ -
0 $ -
0 $ -
0 $ -
Subtotal - Hours 8 360 0 0 0 360 0 728 $ 223,150.81
Estimated Salary Increases (fully burdened) $ 627.46
Other Direct Costs $ 5,121.72
Total Cost $ 960.00 $ 36,000.00 $ - $ - $ - $ 14,400.00 $ 84,686.46 $ 12,971.74 $ 228,900.00 Project Name: Washington Public Infrastructure - CMI Services WEI Subconsultants 64 Project Name: City of West Sacramento - Washington District Infrastructure Upgrade Project County/City: West Sacramento, Yolo County
Services: Construction Management & Engineering Testing Services Date: 3/31/2026 Principal * Senior Project Manager * Construction Services Director * Project Manager II Project Manager I Senior Engineer II Senior Engineer I Senior Geologist Construction Service Supervisor Construction Service Project Admin Project Engineer III / Geologist III Project Engineer II / Geologist II Project Engineer I / Geologist I Staff Engineer / Geologist NDT II/Glula/CWI Inspector Drafter Project Coordinator Administrative Assistant Special Inspector Technician Special Inspector I ** Group 1 Special Inspector II ** Group 2 Laborer Technician ** Group 2 and 3 Soils/Asphalt Technician ** Group 3 Concrete Technician ** Group 4 Crawford Staff TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Initial Hourly Rate $ 75.93 $ 73.43 $ 69.97 $ 78.07 $ 61.60 $ 61.38 $ 57.50 $ 50.50 $ 46.50 $ 44.00 $ 47.60 $ 44.92 $ 41.33 $ 33.79 $ 52.50 $ 35.00 $ 41.50 $ 31.00 $ 38.00 $ 32.50 $ 58.00 $ 53.75 $ 38.75 $ 51.25 $ 47.00 Fringe Benefits 72.58% $ 55.11 $ 53.30 $ 50.78 $ 56.66 $ 44.71 $ 44.55 $ 41.73 $ 36.65 $ 33.75 $ 31.94 $ 34.55 $ 32.60 $ 30.00 $ 24.52 $ 38.10 $ 25.40 $ 30.12 $ 22.50 $ 27.58 $ 23.59 $ 42.10 $ 39.01 $ 28.12 $ 37.20 $ 34.11 Overhead 84.99% $ 64.53 $ 62.41 $ 59.47 $ 66.35 $ 52.35 $ 52.17 $ 48.87 $ 42.92 $ 39.52 $ 37.40 $ 40.46 $ 38.18 $ 35.13 $ 28.72 $ 44.62 $ 29.75 $ 35.27 $ 26.35 $ 32.30 $ 27.62 $ 49.29 $ 45.68 $ 32.93 $ 43.56 $ 39.95 G&A 20.00% $ 15.19 $ 14.69 $ 13.99 $ 15.61 $ 12.32 $ 12.28 $ 11.50 $ 10.10 $ 9.30 $ 8.80 $ 9.52 $ 8.98 $ 8.27 $ 6.76 $ 10.50 $ 7.00 $ 8.30 $ 6.20 $ 7.60 $ 6.50 $ 11.60 $ 10.75 $ 7.75 $ 10.25 $ 9.40 Fixed Fee 10% $ 21.08 $ 20.38 $ 19.42 $ 21.67 $ 17.10 $ 17.04 $ 15.96 $ 14.02 $ 12.91 $ 12.21 $ 13.21 $ 12.47 $ 11.47 $ 9.38 $ 14.57 $ 9.71 $ 11.52 $ 8.60 $ 10.55 $ 9.02 $ 16.10 $ 14.92 $ 10.76 $ 14.23 $ 13.05 Hourly Rate $ 231.83 $ 224.20 $ 213.64 $ 238.37 $ 188.08 $ 187.41 $ 175.56 $ 154.19 $ 141.98 $ 134.34 $ 145.34 $ 137.15 $ 126.19 $ 103.17 $ 160.30 $ 106.86 $ 126.71 $ 94.65 $ 116.02 $ 99.23 $ 177.09 $ 164.11 $ 118.31 $ 156.48 $ 143.50 TASK 1 Project Management / Coordination / Reporting
Project Management / Coordination / Reporting 4.00 12.00 30.00 8.00 6.00 60.00 $ 9,102.90 $ - $ 9,102.90 Task 1 - Hours 4.00 0.00 12.00 0.00 0.00 0.00 0.00 0.00 0.00 30.00 0.00 0.00 0.00 0.00 0.00 0.00 8.00 6.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 60.00 $ 9,102.90 $ - $ 9,102.90 TASK 2 Earthwork
Ultility Trench Backfill Sampling and Testing (25-4hr
Visits) 100.00 100.00 $ 15,648.01 $ 1,115.00 $ 16,763.01 Travel Time (25 Trips) 25.00 25.00 $ 2,480.78 $ 2,480.78 Task 2 - Hours 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 25.00 0.00 0.00 0.00 100.00 0.00 125.00 $ 18,128.79 $ 1,115.00 $ 19,243.79 TASK 3 Concrete
Concrete Sampling and Testing (2-4hr Visits) 8.00 8.00 $ 1,148.03 $ 203.00 $ 1,351.03 Concrete Batch Plant Sampling (1-4hr Visit) 4.00 4.00 $ 396.93 $ 396.93 Sample Pick-up and Transport (2-2hr Visits) 4.00 4.00 $ 396.93 $ 396.93 Travel Time (4 Trips) 4.00 4.00 $ 396.93 $ 396.93
Task 3 - Hours 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 0.00 8.00 20.00 $ 2,338.80 $ 203.00 $ 2,541.80 TASK 4 Hot Mix Asphalt
HMA Pavement Restoration Sampling and Testing (5-
7hr visits) 35.00 35.00 $ 5,476.80 $ 3,010.60 $ 8,487.40 HMA Batch Plant Sampling (5-4hr Visits) 12.00 12.00 $ 1,190.78 $ 1,190.78 HMA Coring Sampling (1-6hr Visits) 30.00 30.00 $ 4,694.40 $ 4,694.40 Travel Time and Sample Transport(6 Trips) 6.00 6.00 $ 595.39 $ 595.39 Task 7 - Hours 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 65.00 0.00 83.00 $ 11,957.37 $ 3,010.60 $ 14,967.97 Subtotal- Hours/Tasks 4.00 0.00 12.00 0.00 0.00 0.00 0.00 0.00 0.00 30.00 0.00 0.00 0.00 0.00 0.00 0.00 8.00 6.00 0.00 55.00 0.00 0.00 0.00 165.00 8.00 288.00 $ 41,527.86
SUBCONSULTANT COST: $ -
Annual Rate Increase: $ 4,328.60
Overtime and Graveyard Charges May Apply $ 38,830.00
(*) Indicates Key Staff $ -
(**) Indicates Prevailing Wage Classifications $ 84,686.46 ANTICIPATED SALARY INCREASE:

TOTAL ESTIMATED FEE:

TOTAL LABOR COST:

TOTAL OTHER DIRECT COSTS:

TOTAL LABORATORY TESTING:

Crawford & Associates, Inc. - Tasks and Descriptions

HOURS PER TASKLABOR COST PER TASKOTHER DIRECT COSTSTOTAL COST PER TASK 65 1/0/1900

DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST PER
TASK
TASK 1 Project Management / Coordination / Reporting

DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
Mileage Costs (IRS) Mile $ 0.73 $ -
Vehicle Charge Day $ 25.00 $ -
$ -
TASK 2 Earthwork

DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
Mileage Costs (IRS) 500 Mile $ 0.73 $ 365.00
Vehicle Charge 0 Day $ 25.00 $ -
Nuclear Density Guage 25 Day $ 30.00 $ 750.00
$ 1,115.00
TASK 3 Concrete

DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
Mileage Costs (IRS) 100 Mile $ 0.73 $ 73.00
Vehicle Charge 0 Day $ 25.00 $ -
Concrete Testing Equipment (Slump, Unit Wt, Air) 2 Day $ 65.00 $ 130.00 $ 203.00
TASK 7 Hot Mix Asphalt

DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
Mileage Costs (IRS) 220 Mile $ 0.73 $ 160.60
Vehicle Charge 0 Day $ 25.00 $ -
Core Machine with Generator & Hand Auger 1 Day $ 2,700.00 $ 2,700.00 Nuclear Density Guage 5 Day $ 30.00 $ 150.00
0 $ - $ -
0 $ - $ -
$ 3,010.60
TOTAL OTHER DIRECT COSTS: $ 4,328.60

OTHER DIRECT COSTS
66 Crawford & Associates - Other Direct Costs 3/31/2026 Task 1 Project Management / Coordination / Site Review

DESCRIPTION QUANTITY UNIT UNIT COST MULT TOTAL
No Testing 0 $ - 1 $ -
0 $ - 1 $ -
0 $ - 1 $ -
0 $ - 1 $ -
0 $ - 1 $ -
0 $ - 1 $ -
Task 1 ODC Total: $ -
Task 2 Earthwork

DESCRIPTION QUANTITY UNIT UNIT COST MULT TOTAL
California Impact Test 75 Each $ 375.00 1 $ 28,125.00
Seive Analysis - Course and Fine (C136/D6913) 1 Each $ 240.00 1 $ 240.00 Resistance Value (R-Value) Treated Soil/Aggregate
Base (D2844) 1 Each $ 540.00 1 $ 540.00
Sand Equivalent - 3 Point (D2419) 1 Each $ 180.00 1 $ 180.00 Task 2 ODC Total: $ 29,085.00
Task 3 Concrete

DESCRIPTION QUANTITY UNIT UNIT COST MULT TOTAL
Concrete Compressive Strength - 6x12 Cylinders
(C39) 30 Each $ 55.00 1 $ 1,650.00
Sieve Analysis - Coarse Aggregate (C136/D69163) 1 Each $ 190.00 1 $ 190.00 Sieve Analysis- Fine Aggregate (C136/D6913) 1 Each $ 180.00 1 $ 180.00 Sand Equivalent - 1 Point (D2419) 1 Each $ 135.00 1 $ 135.00 Cleanness Value 1 Each $ 270.00 1 $ 270.00
0 $ - 1 $ -
Task 3 ODC Total: $ 2,425.00
Task 4 Hot Mix Asphalt

DESCRIPTION QUANTITY UNIT UNIT COST MULT TOTAL
Seive Analysis - Course and Fine (C136/D6913) 5 Each $ 240.00 1 $ 1,200.00 Asphalt Binder Content - Ignition Oven Calibation
(D6307) 1 Each $ 520.00 1 $ 520.00
Asphalt Binder Content - Ignition Oven (D6307) 5 Each $ 250.00 1 $ 1,250.00 Maximum Specific Gravity (Rice) (D2041) 5 Each $ 255.00 1 $ 1,275.00 HMA Moisture Content 5 Each $ 90.00 1 $ 450.00
Hveem Stabilty (1561/1560) 5 Each $ 525.00 1 $ 2,625.00 Task 7 ODC Total: $ 7,320.00
TOTAL LABORATORY TESTS $ 38,830.00
67 Consultant Crawford & Associates, Inc.

Project No. Contract No. Date 3/31/2026
Project Name City of West Sacramento - Washington District Infrastructure Upgrade Project

DIRECT LABOR
Hours Actual Hourly Rate Total
Principal * 4 $75.93 $ 303.72
Senior Project Manager * 0 $73.43 $ -
Construction Services Director * 12 $69.97 $ 839.64
Project Manager II 0 $78.07 $ -
Project Manager I 0 $61.60 $ -
Senior Engineer II 0 $61.38 $ -
Senior Engineer I 0 $57.50 $ -
Senior Geologist 0 $50.50 $ -
Construction Service Supervisor 0 $46.50 $ -
Construction Service Project Admin 30 $44.00 $ 1,320.00 Project Engineer III / Geologist III 0 $47.60 $ -
Project Engineer II / Geologist II 0 $44.92 $ -
Project Engineer I / Geologist I 0 $41.33 $ -
Staff Engineer / Geologist 0 $33.79 $ -
NDT II/Glula/CWI Inspector 0 $52.50 $ -
Drafter 0 $35.00 $ -
Project Coordinator 8 $41.50 $ 332.00
Administrative Assistant 6 $31.00 $ 186.00
Special Inspector 0 $38.00 $ -
Technician 55 $32.50 $ 1,787.50
Special Inspector I ** Group 1 0 $58.00 $ -
Special Inspector II ** Group 2 0 $53.75 $ -
Laborer Technician ** Group 2 and 3 0 $38.75 $ -
Soils/Asphalt Technician ** Group 3 165 $51.25 $ 8,456.25 Concrete Technician ** Group 4 8 $47.00 $ 376.00
288

LABOR COSTS
a) Subtotal Direct Labor Costs $ 13,601.11
b) Anticipated Salary Increases (see page 2 for calculation) $ - c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 13,601.11

INDIRECT COSTS
d) Fringe Benefits Rate: 73% e) Total Fringe Benefits [(c) x (d)] $ 9,871.69 f) Overhead Rate: 85% g) Overhead [(c) x (f)] $ 11,559.58 h) General & Administrative Rate: 20% i) Gen & Admin [(c) x (h)] $ 2,720.22 177.57%
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 24,151.49
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 3,775.26 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE
Quantity Unit Unit Cost Total
Mileage Costs (IRS) 820 Mile $ 0.73 $ 598.60
Vehicle Charge 0 Day $ 25.00 $ -
Per Diem (Lodging & Meals) 0 Day $ 350.00 $ -
Crawford Laboratory Testing 1 Cost $ 38,830.00 $ 38,830.00 Core Machine with Generator & Hand Auger 1 Day $ 2,700.00 $ 2,700.00 Nuclear Density Guage 30 Day $ 30.00 $ 900.00
Concrete Testing Equipment (Slump, Unit Wt, Air) 2 Day $ 65.00 $ 130.00 0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
0 0 0 $ - $ -
$ 43,158.60
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant 1: $ - $ -
Subconsultant 2: $ - $ -
m) TOTAL SUBCONSULTANT'S COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 43,158.60 TOTAL COST [(c) + (j) + (k) + (n)] $ 84,686.46

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COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS COST PROPOSAL 1
Mark-ups Not Allowed
TBD
Classification/Title Name
TBD
TBD
TBD
TBD
TBD
TBD
TBD
Combined ICR %:

Description of Item
TBD
TBD
TBD
TBD
Prime Consultant Subconsultant 2nd Tier Subconsultant
68 COST PROPOSAL 1

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
$ 13,601.1100 = 47.23

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate
Year 1 $47.23 + = $49.59 Year 2 Avg Hourly Rate
Year 2 $49.59 + = $52.07 Year 3 Avg Hourly Rate
Year 3 $52.07 + = $54.67 Year 4 Avg Hourly Rate
Year 4 $54.67 + = $57.40 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Total Hours
per Year
Year 1 100% * = 288.00 Est Hours Year 1
Year 2 0% * = 0.00 Est Hours Year 2
Year 3 0% * = 0.00 Est Hours Year 3
Year 4 0% * = 0.00 Est Hours Year 4
Year 5 0% * = 0.00 Est Hours Year 5
Total 100% = 288.00
Year 1 $47.23 * = $13,601.12 Est Hours Year 1
Year 2 $49.59 * = $0.00 Est Hours Year 2
Year 3 $52.07 * = $0.00 Est Hours Year 3
Year 4 $54.67 * = $0.00 Est Hours Year 4
Year 5 $57.40 * = $0.00 Est Hours Year 5
Total Direct Labor Cost with Escalation = $13,601.12
Direct Labor Subtotal before Escalation = $13,601.11
Estimated Total of Direct Labor Salary Increase = $0.00 (Transfers to Page 1) NOTES:

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 years = $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 granted.

4. Calculations for anticipated salary escalation must be provided.

Page 2 of 3 ends

Year 1 Avg Hourly Rate

CALCULATIONS FOR ANTICIPATED SALARY INCREASE
288

5.0%

5.0%
(calculated above)
0 Cost per Year

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Estimated % Total Hours
Completed Each Year
(calculated above)
per Cost Proposal
288
288
288
288
288
0 Direct Labor Subtotal Total Hours
Total
per Cost Proposal per Cost Proposal
288
Proposed Escalation
0 0
Avg Hourly Rate Estimated hours
69 COST PROPOSAL 1

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. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board Prime Consultant or Subconsultant Certifying:

Name: Title *:

Signature : Date of Certification: 3/31/2026
Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:

Page 3 of 3 ends

Construction Materials Testing & Special Inspection Services

CERTIFICATION OF DIRECT COSTS
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 In direct Cost Rate(s).
*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.

Crawford & Associates, Inc., 4701 Freeport Blvd., Sacramento, CA 95822 [email protected] (916) 455-4225
Benjamin D. Crawford President
70 Consultant
Project Contract No. Contract Amount $ ######## Date
For Combined Rate Fringe Benefit % Overhead % General & Administrative Combined ICR%

72.58% + 84.99% + 20.00% = 177.57%
= 10%
Actual or Avg. % or $
Straight3 OT(1.5x) OT(2x) From To Hourly Rate4Increase
Principal * $231.83 N/A N/A 3/2/2026 3/1/2026 $75.93 $66.85 - $85.00 TBD $243.44 N/A N/A 3/2/2027 3/1/2027 $79.73 5.0% $70.19 - $89.25 $255.62 N/A N/A 3/2/2028 3/1/2028 $83.72 5.0% $73.70 - $93.71 $268.41 N/A N/A 3/2/2029 3/1/2029 $87.91 5.0% $77.39 - $98.40 (Exempt, Non-Prevailing Wage) $281.85 N/A N/A 3/2/2030 3/1/2030 $92.31 5.0% $81.26 - $103.32 Senior Project Manager * $224.20 N/A N/A 3/2/2026 3/1/2026 $73.43 $66.85 - $80.00 TBD $235.41 N/A N/A 3/2/2027 3/1/2027 $77.10 5.0% $70.19 - $84.00 $247.19 N/A N/A 3/2/2028 3/1/2028 $80.96 5.0% $73.70 - $88.20 $259.56 N/A N/A 3/2/2029 3/1/2029 $85.01 5.0% $77.39 - $92.61 (Exempt, Non-Prevailing Wage) $272.53 N/A N/A 3/2/2030 3/1/2030 $89.26 5.0% $81.26 - $97.24 Construction Services Director * $213.64 N/A N/A 3/2/2026 3/1/2026 $69.97 $65.00 - $74.95 TBD $224.32 N/A N/A 3/2/2027 3/1/2027 $73.47 5.0% $68.25 - $78.70 $235.53 N/A N/A 3/2/2028 3/1/2028 $77.14 5.0% $71.66 - $82.64 $247.31 N/A N/A 3/2/2029 3/1/2029 $81.00 5.0% $75.24 - $86.77 (Exempt, Non-Prevailing Wage) $259.68 N/A N/A 3/2/2030 3/1/2030 $85.05 5.0% $79.00 - $91.11 Project Manager II $238.37 N/A N/A 3/2/2026 3/1/2026 $78.07 $62.38 - $93.75 TBD $250.28 N/A N/A 3/2/2027 3/1/2027 $81.97 5.0% $65.50 - $98.44 $262.79 N/A N/A 3/2/2028 3/1/2028 $86.07 5.0% $68.78 - $103.36 $275.92 N/A N/A 3/2/2029 3/1/2029 $90.37 5.0% $72.22 - $108.53 (Exempt, Non-Prevailing Wage) $289.72 N/A N/A 3/2/2030 3/1/2030 $94.89 5.0% $75.83 - $113.96 Project Manager I $188.08 N/A N/A 3/2/2026 3/1/2026 $61.60 $56.00 - $67.20 TBD $197.49 N/A N/A 3/2/2027 3/1/2027 $64.68 5.0% $58.80 - $70.56 $207.35 N/A N/A 3/2/2028 3/1/2028 $67.91 5.0% $61.74 - $74.09 $217.73 N/A N/A 3/2/2029 3/1/2029 $71.31 5.0% $64.83 - $77.79 (Exempt, Non-Prevailing Wage) $228.63 N/A N/A 3/2/2030 3/1/2030 $74.88 5.0% $68.07 - $81.68 Senior Engineer II $187.41 $218.10 $248.79 3/2/2026 3/1/2026 $61.38 $54.00 - $68.75 TBD $196.78 $229.01 $261.23 3/2/2027 3/1/2027 $64.45 5.0% $56.70 - $72.19 $206.61 $240.45 $274.28 3/2/2028 3/1/2028 $67.67 5.0% $59.54 - $75.80 $216.93 $252.46 $287.98 3/2/2029 3/1/2029 $71.05 5.0% $62.52 - $79.59 (Non-Exempt, Non-Prevailing Wage) $227.77 $265.07 $302.37 3/2/2030 3/1/2030 $74.60 5.0% $65.65 - $83.57 Senior Engineer I $175.56 $204.31 $233.06 3/2/2026 3/1/2026 $57.50 $50.00 - $65.00 TBD $184.36 $214.55 $244.74 3/2/2027 3/1/2027 $60.38 5.0% $52.50 - $68.25 $193.58 $225.28 $256.98 3/2/2028 3/1/2028 $63.40 5.0% $55.13 - $71.66 $203.26 $236.54 $269.83 3/2/2029 3/1/2029 $66.57 5.0% $57.89 - $75.24 (Non-Exempt, Non-Prevailing Wage) $213.42 $248.37 $283.32 3/2/2030 3/1/2030 $69.90 5.0% $60.78 - $79.00 Senior Geologist $154.19 $179.44 $204.69 3/2/2026 3/1/2026 $50.50 $43.00 - $58.00 TBD $161.91 $188.43 $214.94 3/2/2027 3/1/2027 $53.03 5.0% $45.15 - $60.90 $170.01 $197.85 $225.69 3/2/2028 3/1/2028 $55.68 5.0% $47.41 - $63.95 $178.49 $207.72 $236.95 3/2/2029 3/1/2029 $58.46 5.0% $49.78 - $67.15 (Non-Exempt, Non-Prevailing Wage) $187.41 $218.10 $248.79 3/2/2030 3/1/2030 $61.38 5.0% $52.27 - $70.51 Construction Service Supervisor $141.98 $165.23 $188.48 3/2/2026 3/1/2026 $46.50 $38.00 - $55.00 TBD $149.09 $173.51 $197.92 3/2/2027 3/1/2027 $48.83 5.0% $39.90 - $57.75 $156.54 $182.18 $207.81 3/2/2028 3/1/2028 $51.27 5.0% $41.90 - $60.64 $164.36 $191.27 $218.19 3/2/2029 3/1/2029 $53.83 5.0% $44.00 - $63.67 (Non-Exempt, Non-Prevailing Wage) $172.57 $200.83 $229.09 3/2/2030 3/1/2030 $56.52 5.0% $46.20 - $66.85 Construction Service Project Admin $134.34 $156.34 $178.34 3/2/2026 3/1/2026 $44.00 $38.00 - $50.00 TBD $141.06 $164.16 $187.26 3/2/2027 3/1/2027 $46.20 5.0% $39.90 - $52.50 $148.11 $172.37 $196.62 3/2/2028 3/1/2028 $48.51 5.0% $41.90 - $55.13 $155.53 $181.00 $206.47 3/2/2029 3/1/2029 $50.94 5.0% $44.00 - $57.89 (Non-Exempt, Non-Prevailing Wage) $163.32 $190.06 $216.81 3/2/2030 3/1/2030 $53.49 5.0% $46.20 - $60.78 Project Engineer III / Geologist III $145.34 $169.14 $192.94 3/2/2026 3/1/2026 $47.60 $40.20 - $55.00 TBD $152.60 $177.59 $202.58 3/2/2027 3/1/2027 $49.98 5.0% $42.21 - $57.75 $160.24 $186.48 $212.72 3/2/2028 3/1/2028 $52.48 5.0% $44.32 - $60.64 $168.24 $195.79 $223.34 3/2/2029 3/1/2029 $55.10 5.0% $46.54 - $63.67 (Non-Exempt, Non-Prevailing Wage) $176.66 $205.59 $234.52 3/2/2030 3/1/2030 $57.86 5.0% $48.87 - $66.85 Project Engineer II / Geologist II $137.15 $159.61 $182.07 3/2/2026 3/1/2026 $44.92 $37.84 - $52.00 TBD $144.02 $167.61 $191.19 3/2/2027 3/1/2027 $47.17 5.0% $39.73 - $54.60 $151.23 $175.99 $200.76 3/2/2028 3/1/2028 $49.53 5.0% $41.72 - $57.33 $158.80 $184.81 $210.81 3/2/2029 3/1/2029 $52.01 5.0% $43.81 - $60.20 (Non-Exempt, Non-Prevailing Wage) $166.74 $194.04 $221.35 3/2/2030 3/1/2030 $54.61 5.0% $46.00 - $63.21 Project Engineer I / Geologist I $126.19 $146.86 $167.52 3/2/2026 3/1/2026 $41.33 $33.10 - $49.55 TBD $132.51 $154.21 $175.91 3/2/2027 3/1/2027 $43.40 5.0% $34.76 - $52.03 $139.14 $161.92 $184.71 3/2/2028 3/1/2028 $45.57 5.0% $36.50 - $54.63 $146.10 $170.02 $193.95 3/2/2029 3/1/2029 $47.85 5.0% $38.33 - $57.36 (Non-Exempt, Non-Prevailing Wage) $153.40 $178.52 $203.64 3/2/2030 3/1/2030 $50.24 5.0% $40.25 - $60.23 Staff Engineer / Geologist $103.17 $120.06 $136.96 3/2/2026 3/1/2026 $33.79 $29.58 - $38.00 TBD $108.33 $126.07 $143.81 3/2/2027 3/1/2027 $35.48 5.0% $31.06 - $39.90 $113.73 $132.36 $150.98 3/2/2028 3/1/2028 $37.25 5.0% $32.61 - $41.90 $119.41 $138.97 $158.52 3/2/2029 3/1/2029 $39.11 5.0% $34.24 - $44.00 (Non-Exempt, Non-Prevailing Wage) $125.40 $145.93 $166.47 3/2/2030 3/1/2030 $41.07 5.0% $35.95 - $46.20 NDT II/Glula/CWI Inspector $160.30 $186.55 $212.80 3/2/2026 3/1/2026 $52.50 $45.00 - $60.00 TBD $168.33 $195.89 $223.46 3/2/2027 3/1/2027 $55.13 5.0% $47.25 - $63.00 $176.75 $205.70 $234.64 3/2/2028 3/1/2028 $57.89 5.0% $49.61 - $66.15 $185.58 $215.97 $246.36 3/2/2029 3/1/2029 $60.78 5.0% $52.09 - $69.46 (Non-Exempt, Non-Prevailing Wage) $194.86 $226.77 $258.68 3/2/2030 3/1/2030 $63.82 5.0% $54.69 - $72.93 Drafter $106.86 $124.36 $141.86 3/2/2026 3/1/2026 $35.00 $30.00 - $40.00 TBD $112.21 $130.58 $148.96 3/2/2027 3/1/2027 $36.75 5.0% $31.50 - $42.00 $117.83 $137.12 $156.42 3/2/2028 3/1/2028 $38.59 5.0% $33.08 - $44.10 $123.72 $143.98 $164.24 3/2/2029 3/1/2029 $40.52 5.0% $34.73 - $46.31 (Non-Exempt, Non-Prevailing Wage) $129.92 $151.19 $172.47 3/2/2030 3/1/2030 $42.55 5.0% $36.47 - $48.63 Project Coordinator $126.71 N/A N/A 3/2/2026 3/1/2026 $41.50 $35.00 - $48.00 TBD $133.06 N/A N/A 3/2/2027 3/1/2027 $43.58 5.0% $36.75 - $50.40 $139.72 N/A N/A 3/2/2028 3/1/2028 $45.76 5.0% $38.59 - $52.92 $146.71 N/A N/A 3/2/2029 3/1/2029 $48.05 5.0% $40.52 - $55.57 (Exempt, Non-Prevailing Wage) $154.04 N/A N/A 3/2/2030 3/1/2030 $50.45 5.0% $42.55 - $58.35

Page 1 of 5 ends

3/31/2026
Fee

BILLING INFORMATION CALCULATION INFORMATION
Hourly Range -
for Classifications Only
COST PROPOSAL 2

SPECIFIC RATE OF COMPENSATION
Name/Job Title/Classification¹ Hourly Billing Rates2 Effective Date of Hourly Rate Crawford & Associates, Inc.
0 City of West Sacramento - Washington District
Infrastructure Upgrade Project
Prime Consultant Subconsultant 2nd Tier Subconsultant
71 Consultant Crawford & Associates, Inc.

Administrative Assistant $94.65 N/A N/A 3/2/2026 3/1/2026 $31.00 $26.00 - $36.00 TBD $99.38 N/A N/A 3/2/2027 3/1/2027 $32.55 5.0% $27.30 - $37.80 $104.36 N/A N/A 3/2/2028 3/1/2028 $34.18 5.0% $28.67 - $39.69 $109.58 N/A N/A 3/2/2029 3/1/2029 $35.89 5.0% $30.10 - $41.67 (Exempt, Non-Prevailing Wage) $115.05 N/A N/A 3/2/2030 3/1/2030 $37.68 5.0% $31.61 - $43.75 Special Inspector $116.02 $135.02 $154.02 3/2/2026 3/1/2026 $38.00 $34.50 - $41.50 TBD $121.83 $141.78 $161.73 3/2/2027 3/1/2027 $39.90 5.0% $36.23 - $43.58 $127.93 $148.88 $169.83 3/2/2028 3/1/2028 $41.90 5.0% $38.04 - $45.76 $134.34 $156.34 $178.34 3/2/2029 3/1/2029 $44.00 5.0% $39.94 - $48.05 (Non-Exempt, Non-Prevailing Wage) $141.06 $164.16 $187.26 3/2/2030 3/1/2030 $46.20 5.0% $41.94 - $50.45 Technician $99.23 $115.48 $131.73 3/2/2026 3/1/2026 $32.50 $25.00 - $40.00 TBD $104.21 $121.27 $138.34 3/2/2027 3/1/2027 $34.13 5.0% $26.25 - $42.00 $109.43 $127.35 $145.27 3/2/2028 3/1/2028 $35.84 5.0% $27.56 - $44.10 $114.89 $133.71 $152.52 3/2/2029 3/1/2029 $37.63 5.0% $28.94 - $46.31 (Non-Exempt, Non-Prevailing Wage) $120.63 $140.39 $160.14 3/2/2030 3/1/2030 $39.51 5.0% $30.39 - $48.63 $177.09 $206.09 $235.09 3/2/2026 3/1/2026 $58.00 $52.00 - $64.00 $185.94 $216.39 $246.84 3/2/2027 3/1/2027 $60.90 5.0% $54.60 - $67.20 TBD $195.26 $227.23 $259.21 3/2/2028 3/1/2028 $63.95 5.0% $57.33 - $70.56 $205.03 $238.60 $272.18 3/2/2029 3/1/2029 $67.15 5.0% $60.20 - $74.09 (Non-Exempt, Prevailing Wage) $215.29 $250.54 $285.80 3/2/2030 3/1/2030 $70.51 5.0% $63.21 - $77.79 $164.11 $190.99 $217.86 3/2/2026 3/1/2026 $53.75 $52.00 - $55.50 $172.33 $200.55 $228.77 3/2/2027 3/1/2027 $56.44 5.0% $54.60 - $58.28 TBD $180.94 $210.57 $240.20 3/2/2028 3/1/2028 $59.26 5.0% $57.33 - $61.19 $189.97 $221.08 $252.19 3/2/2029 3/1/2029 $62.22 5.0% $60.20 - $64.25 (Non-Exempt, Prevailing Wage) $199.47 $232.14 $264.80 3/2/2030 3/1/2030 $65.33 5.0% $63.21 - $67.46 $118.31 $137.69 $157.06 3/2/2026 3/1/2026 $38.75 $35.50 - $42.00 $124.24 $144.58 $164.93 3/2/2027 3/1/2027 $40.69 5.0% $37.28 - $44.10 TBD $130.44 $151.80 $173.16 3/2/2028 3/1/2028 $42.72 5.0% $39.14 - $46.31 $136.97 $159.40 $181.83 3/2/2029 3/1/2029 $44.86 5.0% $41.10 - $48.63 (Non-Exempt, Prevailing Wage) $143.81 $167.36 $190.91 3/2/2030 3/1/2030 $47.10 5.0% $43.16 - $51.06 $156.48 $182.11 $207.73 3/2/2026 3/1/2026 $51.25 $47.50 - $55.00 $164.30 $191.20 $218.11 3/2/2027 3/1/2027 $53.81 5.0% $49.88 - $57.75 TBD $172.51 $200.76 $229.01 3/2/2028 3/1/2028 $56.50 5.0% $52.37 - $60.64 $181.15 $210.82 $240.48 3/2/2029 3/1/2029 $59.33 5.0% $54.99 - $63.67 (Non-Exempt, Prevailing Wage) $190.22 $221.37 $252.52 3/2/2030 3/1/2030 $62.30 5.0% $57.74 - $66.85 $143.50 $167.00 $190.50 3/2/2026 3/1/2026 $47.00 $40.00 - $54.00 $150.68 $175.35 $200.03 3/2/2027 3/1/2027 $49.35 5.0% $42.00 - $56.70 TBD $158.22 $184.13 $210.04 3/2/2028 3/1/2028 $51.82 5.0% $44.10 - $59.54 $166.13 $193.33 $220.54 3/2/2029 3/1/2029 $54.41 5.0% $46.31 - $62.52 (Non-Exempt, Prevailing Wage) $174.43 $203.00 $231.56 3/2/2030 3/1/2030 $57.13 5.0% $48.63 - $65.65

2. The cost proposal format shall not be amended.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

Page 2 of 6 ends

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.

3. Billing Rate = Actual Hourly Rate * (1+ICR) * (1+Fee). The indirect cost rate established for this Contract is extended through the duration of this specific Contract. All costs must comply with the Federal cost principles for reimbursement.

COST PROPOSAL 2
Special Inspector I **
Group 1
Special Inspector II **
Group 2
Laborer Technician **
Group 2 and 3
Soils/Asphalt Technician **
Group 3
Concrete Technician **
Group 4
72 COST PROPOSAL 2
Consultant Crawford & Associates, Inc. Prime Consultant Sub Consultant Project Date 3/31/2026
Quantity Unit Unit Cost Total
Mileage Costs TBD Mile $0.75 Actual Cost
Mileage Costs (IRS) TBD Mile $0.73 Actual Cost
Vehicle Charge TBD Day $25.00 Actual Cost
Per Diem (Lodging & Meals) TBD Day $350.00 Actual Cost
Permit Fees TBD Cost $0.00 Actual Cost
ERIS (Record Search) TBD Cost $0.00 Actual Cost
Traffic Control - Major (DBE) TBD Cost $0.00 Actual Cost Traffic Control - Minor (Non-DBE, Non-PW) TBD Day $500.00 Actual Cost Drilling Including DTP TBD Cost $0.00 Actual Cost
Drilling TBD Cost $0.00 Actual Cost
Concrete Testing Equipment (Slump, Unit Wt, Air) TBD Day $65.00 Actual Cost Core Machine with Generator & Hand Auger TBD Day $2,700.00 Actual Cost Core Box TBD Each $18.00 Actual Cost
Hand Auger TBD Day $210.00 Actual Cost
Hot Mix Asphalt Patching (1st Core) ** TBD First $1,050.00 Actual Cost Hot Mix Asphalt Patching (2 or more) ** TBD Each After $500.00 Actual Cost NDT Weld Testing Wquipment UT/MT/PT TBD Day $75.00 Actual Cost Nuclear Density Guage TBD Day $30.00 Actual Cost
Percolation / Infiltration Testing Equipment TBD Day $210.00 Actual Cost Seismic Survey Equipment (24 channel) TBD Day $1,835.00 Actual Cost Seismic Data Processing TBD Cost $0.00 Actual Cost
Seismic Data Processing (1dS) TBD Cost $0.00 Actual Cost Seismic Data Processing (2dS) TBD Cost $0.00 Actual Cost Seismic Data Processing (2dS w/ CA Stamp) TBD Cost $0.00 Actual Cost Bolt Tensioning Devise - Skidmore TBD Day $65.00 Actual Cost Steel Liners (MCAL) TBD Each $12.00 Actual Cost
Survey Equipment - Liquid Level TBD Day $155.00 Actual Cost Survey Equipment - Tripod, Level and Rod TBD Day $155.00 Actual Cost Wildcat DCP Equipment ** TBD Day $785.00 Actual Cost
Wildcat DCP Tips TBD Each $21.00 Actual Cost
EZ Frisk Software Use TBD Per Location $2,350.00 Actual Cost Torque Wrench TBD Day $25.00 Actual Cost
4x8 Cylinders Mold TBD Each $10.00 Actual Cost
6x12 Cylinder Mold TBD Each $12.00 Actual Cost
Proof Load Ram & Pump TBD Day $55.00 Actual Cost
Sand Cone Equipment TBD Each $7.00 Actual Cost
Moisture Emission Test Kit TBD Each $75.00 Actual Cost
Sieve Analysis w/#200 Wash (D6913) TBD Each $240.00 Actual Cost Sieve Analysis w/out #200 Wash (D6193) TBD Each $180.00 Actual Cost Sieve Analysis with Hydrometer (D6913/D7928) TBD Each $490.00 Actual Cost #200 Wash (D1140) TBD Each $135.00 Actual Cost
Hydrometer Analysis (D7928) TBD Each $310.00 Actual Cost Seive Analysis - Mass Grain Size (Scour) (D6913) TBD Each $2,500.00 Actual Cost Atterberg Limits Multipoint (D4318) TBD Each $290.00 Actual Cost Atterberg Limits Single Point (D4318) TBD Each $245.00 Actual Cost Liquid Limit Only (D4318) TBD Each $215.00 Actual Cost
Plastic Limit Only (D4318) TBD Each $150.00 Actual Cost Expansion Index (D4829) TBD Each $310.00 Actual Cost
Moisture-Density (D2216) TBD Each $90.00 Actual Cost
Soil Moisture Content (D2216) TBD Each $40.00 Actual Cost Organic Content (D2216) TBD Each $145.00 Actual Cost
USDA Soil Textural Analysis TBD Each $110.00 Actual Cost 4" Proctor (D1557/D698) TBD Each $490.00 Actual Cost
6" Proctor (D1557/D698) TBD Each $550.00 Actual Cost
4" Proctor -Check Point (D1557/D698) TBD Each $135.00 Actual Cost

Page 3 of 6 ends

SCHEDULE OF OTHER DIRECT COSTS
City of West Sacramento - Washington District Infrastructure Upgrade Project Description of Item
73 COST PROPOSAL 2
Consultant Crawford & Associates, Inc.
6" Proctor - Check Point (D1557/D698) TBD Each $135.00 Actual Cost California Impact Test TBD Each $375.00 Actual Cost
Direct Shear - 3 Point Peak (D3080) TBD Each $490.00 Actual Cost Triaxial Shear, Unconsolidated, Undrained (D2850) TBD Each $195.00 Actual Cost Triaxial Staged, Unconsolidated, Undrained (D2850) TBD Each $325.00 Actual Cost Triaxial Staged, Consolidated, Undrained (D4767) TBD Each $595.00 Actual Cost Triaxial Staged, Consolidated, Drained (D7180) TBD Cost $0.00 Actual Cost Unconfined Compression (D2166) TBD Each $260.00 Actual Cost Resistance Value (R-Value) Soils (D2844) TBD Each $435.00 Actual Cost Resistance Value (R-Value) Treated Soil/Aggregate Base (D2844) TBD Each $540.00 Actual Cost 1-D Consolidation (D2435) TBD Each $455.00 Actual Cost
1-D Consolidation (Time Rate)/Per Point (D2435) TBD Each $115.00 Actual Cost Point Load (D5731) TBD Each $75.00 Actual Cost
Unconfined Compression (D7012) TBD Each $250.00 Actual Cost Corrosivity Testing (pH, Resistivity, Sulfate, Chloride) TBD Each $270.00 Actual Cost Corrosivity Testing w/Redox (pH, Resistivity, Sulfate, Chloride) TBD Each $395.00 Actual Cost Landscape Sutability (LTP.4) TBD Each $140.00 Actual Cost Seive Analysis - Course and Fine (C136/D6913) TBD Each $240.00 Actual Cost Seive Analysis - #200 Wash (C117) TBD Each $135.00 Actual Cost Sieve Analysis - Coarse Aggregate (C136/D69163) TBD Each $190.00 Actual Cost Sieve Analysis- Fine Aggregate (C136/D6913) TBD Each $180.00 Actual Cost Specific Gravity - Coarse Aggregate (C128) TBD Each $380.00 Actual Cost Specific Gravity - Fine Aggregate (C127) TBD Each $215.00 Actual Cost Sand Equivalent - 3 Point (D2419) TBD Each $180.00 Actual Cost Sand Equivalent - 1 Point (D2419) TBD Each $135.00 Actual Cost Curshed Particals - Coarse Aggregate (One and two Face) (D5821) TBD Each $265.00 Actual Cost Flat and Elongatd Particles (D4791) TBD Cost $0.00 Actual Cost Clay Lums and Friable Particale C142) TBD Each $245.00 Actual Cost Fine Aggregate Angularity (C1252) TBD Each $240.00 Actual Cost Organic Impurities (C40) TBD Each $160.00 Actual Cost
Abrasion Resistance LA Rattler (C131/C535) TBD Each $345.00 Actual Cost Bulk Density Unit Wieght of Aggregate (C29) TBD Each $170.00 Actual Cost Aggregate Moisture (C566) TBD Each $60.00 Actual Cost
Cleanness Value TBD Each $270.00 Actual Cost
Durability Index (D3744) TBD Each $420.00 Actual Cost
Asphalt Binder Content - Ignition Oven (D6307) TBD Each $250.00 Actual Cost Asphalt Binder Content - Ignition Oven Calibation (D6307) TBD Each $520.00 Actual Cost HMA Moisture Content TBD Each $90.00 Actual Cost
Maximum Specific Gravity (Rice) (D2041) TBD Each $255.00 Actual Cost Hveem Stabilty (1561/1560) TBD Each $525.00 Actual Cost Asphalt Binder Content by Extraction Method (D2172) TBD Each $440.00 Actual Cost Core Unit Weight - Field Speciman (D2726) TBD Each $70.00 Actual Cost Hamburg Wheel Track TBD Each $1,600.00 Actual Cost
Tensile Strength Ratio (TSR) (4867) TBD Each $1,500.00 Actual Cost Unit Wieght, Gyratory (D6925) TBD Each $380.00 Actual Cost VMA/VFA/Dust Proportion - MS2 TBD Each $200.00 Actual Cost Concrete Compressive Strength - 4x8 Cylinders (C39) TBD Each $45.00 Actual Cost Concrete Compressive Strength - 6x12 Cylinders (C39) TBD Each $55.00 Actual Cost Concrete Compressive Strength - Core (C42) TBD Each $105.00 Actual Cost Concrete Stength - Flexural Beam (C78/293) TBD Each $135.00 Actual Cost CMU Absorption/Unit Wt/Moisture (C140) TBD Each $300.00 Actual Cost Masonry Grout Compression TBD Each $55.00 Actual Cost

Page 4 of 6 ends

SCHEDULE OF OTHER DIRECT COSTS
74 COST PROPOSAL 2
Consultant Crawford & Associates, Inc.

Masonry Mortar Compression TBD Each $45.00 Actual Cost
Composite Prism Compression TBD Each $135.00 Actual Cost Masonry Core Shear TBD Each $300.00 Actual Cost
Reinforcing Steel - Tesile TBD Each $120.00 Actual Cost Reinforcing Steel - Bend TBD Each $120.00 Actual Cost
Reinforcing Steel - Elongation (Up to #8) TBD Each $120.00 Actual Cost High Strength Bolt - Proof Load- Wedge Tension and Hardness Suite TBD Each $330.00 Actual Cost High Strength Nut - Proof Load and Hardness Suite TBD Each $220.00 Actual Cost High Strength Washer - Hardness TBD Each $110.00 Actual Cost Reinforcing 7 Wire Strand - Tensile TBD Each $380.00 Actual Cost Soil Stabilization Mix Design (Lime or Cement) (D1633) TBD Each $2,500.00 Actual Cost Full Depth Reclamation - Cement TBD Each $3,000.00 Actual Cost Sample Preparation by Hour TBD Per Hour $115.00 Actual Cost Specimen cutting TBD Each $85.00 Actual Cost
Sample Storage (Starting 90 days after final lab report) TBD Each $150.00 Actual Cost Outside Laboratory Services TBD At Cost TBD Actual Cost Subconsultant 1: $ -
Subconsultant 2: $ -
Subconsultant 3: $ -
Subconsultant 4: $ -
NOTES:

1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

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 shall be reimbursed at the current IRS rate. In addition, the miles claimed should be supported by mileage logs.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

Page 5 of 6 ends

SCHEDULE OF OTHER DIRECT COSTS

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 75 COST PROPOSAL 2

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United States Code Section 112 - Letting of Contracts

10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services

12. 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): 3/31/2026 Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:

Page 6 of 6 ends

(916) 455-4225
Construction Materials Testing & Special Inspection Services Crawford & Associates, Inc., 4701 Freeport Blvd., Sacramento, CA 95822

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.

Benjamin D. Crawford President
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.

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:
[email protected]
76 Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant: Webster Engineering / Ultimate Client: City of West Sacramento Note: Mark-ups are Not Allowed ☐ Prime Consultant X Subconsultant ☐ 2nd Tier Subconsultant Consultant Contract No. TBD Date 4/10/2026

DIRECT LABOR
hours Actual Hourly
Rate Total
Senior Consultant III Field 32 $66.20 $2,118.40
Env Technician II FTE 50 $37.47 $1,873.50
Assoc Consulant II FTE 4 $46.10 $184.40
LABOR COSTS 86
a) Subtotal Direct Labor Costs $4,176.30
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $4,176.30

FTE FRINGE BENEFITS
d) Fringe Benefits (Rate: 40.86% ) e) Total Fringe Benefits [(c) x (d)] $840.86

INDIRECT COSTS
f) Overhead (Rate: 161.52% g) Overhead [(c) x (f)] $3,323.92 h) General and Administrative (Rate: 0.00% i) Gen & Admin [(c) x (h)] $0.00

FIELD FRINGE BENEFITS
d) Fringe Benefits (Rate: 40.61% ) e) Total Fringe Benefits [(c) x (d)] $860.28

INDIRECT COSTS
f) Overhead (Rate: 105.15% g) Overhead [(c) x (f)] $2,227.50 h) General and Administrative (Rate: 0.00% i) Gen & Admin [(c) x (h)] $0.00 j) Total Indirect Costs [(e) + (g) + (i)] $7,252.56
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee] 10.00% $1,142.89 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$400.00
l) Total Other Direct Costs $400.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $0.00
m) TOTAL SUBCOSNULTANTS' COSTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCOSNULTANTS [(l)+(m)] $400.00 TOTAL COST [(c) + (j) + (k) + (n)] $12,971.74
NOTES:

Description of Item
Vehicle/Gas
Subconsultant 1:

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.

3.Anticipated salary increases calculation (page 2) must accompany.

COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
ICF Environmental, Inc.

Classification/Title Name
Emily Tozzi
Shannon Joy
Daniel Escobar

Page 1 of 3 ends

January 2020
77 Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) 46122 Avg Hourly 5 Year Contract
Rate Duration
$4,176.30 = $48.56 Year 1 Avg Hourly Rate
Avg Hourly
Rate
Year 1 (2026) $48.56 + = $50.02 Year 2 Avg Hourly Rate
Year 2 (2027) $50.02 + = $51.52 Year 3 Avg Hourly Rate
Year 3 (2028) $51.52 + = $53.06 Year 4 Avg Hourly Rate
Year 4 (2029) $53.06 + = $54.66 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 (2026) 100.00% * = 86.0 Estimated Hours Year 1
Year 2 (2027) 0.00% * = 0.0 Estimated Hours Year 2
Year 3 (2028) 0.00% * = 0.0 Estimated Hours Year 3
Year 4 (2029) 0.00% * = 0.0 Estimated Hours Year 4
Year 5 (2030) 0.00% * = 0.0 Estimated Hours Year 4
Total 100% = 86.0 Estimated Hours Year 5
Year 1 (2026) $48.56 * = $4,176.30 Estimated Hours Year 1 Year 2 (2027) $50.02 * = $0.00 Estimated Hours Year 2
Year 3 (2028) $51.52 * = $0.00 Estimated Hours Year 3
Year 4 (2029) $53.06 * = $0.00 Estimated Hours Year 4
Year 5 (2030) $54.66 * = $0.00 Estimated Hours Year 5
= $4,176.30
= $4,176.30
= $0.00 Transfer to Page 1
NOTES:

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)

86.0 3.0%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal

86.0 86.0

86.0 3.0%
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
86 COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation

3.0%

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)

3.This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary
86 0
0 0
0 Total Direct Labor Cost with Escalation

4.Calculations for anticipated salary escalation must be provided.

Avg Hourly Rate Estimated hours Cost per Year (calculated above) (calculated above)

86.0 Total

Page 2 of 3 ends

January 2020
78 Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: Title *:

Signature :

Email:

Address:

List services the consultant is providing under the proposed contract:

COST PROPOSAL 1
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

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 Engineering and Design Related Service 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).

Date of Certification (mm/dd/yyyy):

Phone Number:

3. Title 23 United States Code Section 112 - Letting of Contracts

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) *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.

Page 3 of 3 ends

January 2020
Jeffrey Beckner Vice President, Contracts
04/10/2026
[email protected] 703-934-3147
1902 Reston Metro Plaza, Reson VA 20190
79 Webster Engineering, Inc
CPE26-179 – Washington Public Infrastructure-CM Services Expires on 12/31/2028

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.

Webster Engineering
By:

Katherine Webster, Owner
80 Webster Engineering, Inc
CPE26-179 – Washington Public Infrastructure-CM Services Expires on 12/31/2028

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. 81 Webster Engineering, Inc
CPE26-179 – Washington Public Infrastructure-CM Services Expires on 12/31/2028
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 82 Webster Engineering, Inc
CPE26-179 – Washington Public Infrastructure-CM Services Expires on 12/31/2028
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. 83 Attachment 2
Environmental Science Associates (ESA)
CPE26-180 – Washington Public Infrastructure Project
Expires on 12/31/2028

CONTRACT FOR SERVICES

THIS CONTRACT is made on June 17, 2026, by and between the CITY OF WEST SACRAMENTO (“City”), and Environmental Science Associates (ESA) (“Consultant”).

WITNESSETH:

WHEREAS, the City desires to retain Environmental Science Associates for archeological services to facilitate construction of the Washington Public Infrastructure Project; and
WHEREAS, the Consultant has presented a proposal for such services to the City, dated April 10, 2026, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of 84 Environmental Science Associates (ESA)
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Expires on 12/31/2028
2 11/4/24
City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

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

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed two hundred and fifty-eight thousand, four hundred and twenty-three dollars ($258,423), 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".

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

4. TERMINATION:

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt 85 Environmental Science Associates (ESA)
CPE26-180 – Washington Public Infrastructure Project
Expires on 12/31/2028
3 11/4/24
requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.

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

D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof. Consultant does not represent that any unfinished work product provided under this section in an incomplete or unfinished state will be suitable for the anticipated use and any use of incomplete documents without specific written authorization from Consultant will be at City’s sole risk.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

6. EXTENSIONS OF TIME:

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 upon payment for the services performed.

Consultant may retain a copy of all materials produced by Consultant pursuant to this Contract.

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, or Consultant’s pre-existing property, along with all other property belonging exclusively to the City which is in the Consultant’s possession.

8. COMPLIANCE WITH ALL LAWS:
86 Environmental Science Associates (ESA)
CPE26-180 – Washington Public Infrastructure Project
Expires on 12/31/2028
4 11/4/24
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.

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

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the degree of care and skill ordinarily exercised by members of Consultant’s profession providing the same or similar services under the same or similar circumstances (“Standard of Care”).

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

10. SUBCONTRACTING:

11. ASSIGNABILITY:

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

However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. 87 Environmental Science Associates (ESA)
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5 11/4/24
Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

12. INTEREST IN CONTRACT:

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

13. MATERIALS CONFIDENTIAL:

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

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

15. INDEMNITY AND LITIGATION COSTS:

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

16. CONSULTANT TO PROVIDE INSURANCE:

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

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or it’s equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any 89 Environmental Science Associates (ESA)
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insurance or self insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

16.B.2.b).

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 $50,000 must be declared to, and approved by, the City.

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

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

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

City: City of West Sacramento
Attn to: Joanna Ortiz
1110 West Capitol Ave
West Sacramento, CA 95691
Email: [email protected]

Consultant:

Environmental Science Associates (ESA)
Attn to: Heidi Koenig
2600 Capitol Ave, Suite 200
Sacramento, CA 95816
Email: [email protected]

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

I. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie. 91 Environmental Science Associates (ESA)
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J. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

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

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

By: _______________________
Jeffrey Mitchell, City Attorney
Environmental Science Associates
By: _________________________
Tony Overly, Vice President
[email protected]
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EXHIBIT A
Consultant Proposal/Scope of Work
94 2600 Capitol Avenue
Suite 200
Sacramento, CA 95816
916.564.4500 phone
916.564.4501 fax
esassoc.com
March 23, 2026
Lizette Zavala, PE
Project Manager, Bennett Engineering Services
[email protected]
Subject: E & F Streets Improvements Project, West Sacramento - Revised Scope of Work for Cultural Resources Support
Dear Ms. Zavala:

Thank you for considering Environmental Science Associates (ESA) to provide cultural resources services for the E & F Streets Improvements Project in the City of West Sacramento (City), Yolo County.

The City proposes to relocate utility and street sign poles, install new sidewalks compliant with the Americans with Disabilities Act, install new curbs and gutters, and install new lighting and landscape improvements (referred to as the Undertaking). The Undertaking is funded in part by Community Block Development Program funds from the U.S. Department of Housing and Urban Development; therefore, the Undertaking is required to comply with Section 106 of the National Historic Preservation Act. ESA understands that a Memorandum of Agreement (MOA) was signed between the City and the California State Historic Preservation Officer (SHPO) because a known archaeological site (CA-YOL-27) is in the Undertaking Area of Potential Effects (APE). The City considered alternatives and despite changes to design, it was determined that it is not possible to avoid adverse effects to CA-YOL-27 during implementation of the Undertaking. ESA understands that the work will be completed only on F Street between 5th and 6th Streets.

The City consulted with the Yocha Dehe Wintun Nation, who was invited to sign the MOA as a Concurring Party. As part of MOA Stipulation II.B, the City shall continue to consult with Yocha Dehe Wintun Nation and provide the Tribe, should they so desire, with the opportunity to participate in the implementation of the Undertaking pursuant to the Cultural Resources Mitigation Plan (CRMP) (AECOM, 2024).

To take into account the effect of the Undertaking on historic properties (CA-YOL-27), the MOA requires several measures. ESA can assist the City with implementation of these measures as follows:
• Task 1 -Tribal Coordination & Management. The MOA and CRMP provide details on the roles and responsibilities of the consulting archaeologist and the Yocha Dehe Wintun Nation.

ESA can support the City and Bennett Engineering with coordination with the Tribe, including organizing monitoring during the data recovery efforts outlined in Tasks 2 and 4, and the monitoring outlined in Task 3. While ESA can assist with coordination, the City and the Tribe will enter directly into a contract for the Tribe’s services. • Task 2 – Pre-Undertaking Data Recovery. Prior to the commencement of the Undertaking, ESA will conduct data recovery for deeper Undertaking impacts within the boundary of CAYOL-27 within the planned location of a light pole, mid-block on the southern side of F Street 95 March 23, 2026

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between 5th and 6th Streets. The data recovery will be completed in accordance with the excavation methods outlined in MOA Stipulation II.A.i. and Section 7.1 of the CRMP, and will consist of one standard control unit (CU) measuring 1 meter by 1 meter. The investigation will take no more than two field days.
o Recovered artifacts will be treated according to the pre-established laboratory methods outlined in Chapter 7.4 of the CRMP.
o This scope assumes that no human remains will be identified during monitoring. • Task 3 - Archaeological Monitoring. During implementation of the Undertaking, ESA will conduct archaeological monitoring according to MOA Stipulation II.A.ii, and according to the methods outlined in Section 7.2 of the CRMP. This includes at least two archaeological monitors at the construction site (including screening, sampling, and collecting artifacts) and one archaeological monitor at the construction yard. Note that ESA supervisory staff will be archaeological professionals meeting the qualification standards in the Secretary of the Interior’s Professional Qualification Standards. This scope assumes up to 50 hours of archaeological monitoring for the Undertaking, with additional time for travel and daily logs. Additional hours of monitoring would be scoped separately, as needed.
o ESA archaeological monitors will be qualified staff or under the supervision of qualified staff. Discovery of cultural materials during monitoring will follow the procedures outlined in Section 7.2.2 of the CRMP.
o This scope assumes that no human remains will be identified during monitoring. • Task 4 – Future Light Poles/Traffic Signal. Prior to installation of future light poles/traffic signal construction, ESA will conduct data recovery for Undertaking impacts within the boundary of CA-YOL-27 according to MOA Stipulation II.A.I. The data recovery will be completed in accordance with the excavation methods outlined in the Section 7.3 of the CRMP and will include archaeological testing trenching and data recovery. This will be completed either in the road median or on the northwestern and southwestern corner and has not yet been determined. o Recovered artifacts will be treated according to the pre-established laboratory methods outlined in Chapter 7.4 of the CRMP.
o This scope assumes that no human remains will be identified during monitoring. • Task 5 – Summary Letter Report. Within 60 days of completion of the testing and monitoring, ESA will prepare a letter report that summarizes the results according to MOA Stipulation II.A.iv.
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• Task 6 – Archaeological Monitoring and Data Recovery Report (including Laboratory Analysis). Within twelve (12) months of completion of the testing and monitoring, ESA will prepare an Archaeological Monitoring and Data Recovery Report. The report will include laboratory processing according to the provisions of Section 7.4 of the CRMP (estimated at three staff for approximately two weeks) as well as the results of the testing and monitoring. The report will contain a summary of all previous studies at CA-YOL-27, a summary of field and laboratory methods and studies completed for the current project, a synthesis of data recovery results from the current project and previous studies, as well as a historic context and comparative analysis of results with other similar regional sites. Final copies will be issued to the SHPO, MOA parties, and the Northwest Information Center according to MOA Stipulation II.A.v.

ESA will complete this work for a not-to-exceed fee of $258,423, including time and materials.

As noted above, this scope does not include Tribal monitors, who would need to be contracted with directly by the City. The Tribe generally requests direct contracting with the lead government agency in order to maintain the preferred government-to-government relationship through the duration of a project.

Please let me know if you have any questions or would like to discuss the scope of work. I can be reached at (415) 290-9566 or [email protected].

Sincerely,
Heidi Koenig, M.A. RPA
ESA Cultural Resources Group
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EXHIBIT B
Schedule of Performance
Contract Start Date
June 17, 2026
Contract End Date
December 31, 2028
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EXHIBIT C
Schedule of Fees
99 Principal
Consultant 4
Managing
Consultant 2
Managing
Consultant 1 Consultant 4 Consultant 4 ESA ESA
Task # Task Name/Description $311 $228 $205 $160 $160 Total Hours Labor Amount

1.1 Tribal Coordination & Management 8 24 16 48.00 $ 11,240

1.2 Pre-Undertaking Data Recovery at YOL-27 12 40 40 40 132.00 $ 27,452

1.3 Archaeological Monitoring 8 34 60 70 70 242.00 $ 44,940

1.4 Future Light Poles/Traffic Signal 12 40 50 50 152.00 $ 31,102

1.5 Summary Letter Report 2 16 8 26.00 $ 5,910

1.6 Archaeological Monitoring and Data Recovery Report 24 80 180 180 180 644.00 $ 120,204 1 Task 1 66 234 354 340 250 1,244.00 $ 240,848
Total 66 234 354 340 250 1,244.00 $ 240,848
Total Without Optional Tasks 66 234 354 340 250 1,244.00 $ 240,848

PROJECT COST ESTIMATE SUMMARY TABLE
ESA Labor $240,848
Technology and Data Management Fee 3% $7,225
ESA Labor Amount $248,073
Subtotal ESA Non-Labor Expenses $10,350
PROJECT TOTAL $258,423

ESA LABOR

TOTAL BY HOURS / DOLLARS
ESA Standard Rates
H:Z:\Shared\Proposals\2025\CA\P202500575.00 - West Sac E&F Streets Cultural Support\00 Working Files\E&F Streets Budget-03.23.2026-Fee Proposal Planning 100 Environmental Science Associates (ESA)
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Environmental Science Associates
By:

Tony Overly, Vice President
[email protected]
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EXHIBIT E

LABOR COMPLIANCE

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

B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775. 102
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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.

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 103
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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. 104
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CONSTRUCTION CONTRACT
THIS CONTRACT made on June 17, 2026, by and between the CITY OF WEST SACRAMENTO (“City”), and Hyatt Contracting, Inc., hereinafter “Contractor”. The City and Contractor may be collectively referred to as the “parties”.

The parties have mutually covenanted and agreed as follows:

1. THE CONTRACT DOCUMENTS:

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

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

2. THE WORK:

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

3. CONTRACT PRICE:

The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of one million, three hundred and sixty-six thousand four hundred ninety-seven dollars and sixty-five cents ($1,366,497.65) for the Project subject to additions and deductions as provided in the Contract Documents.

4. COMPLETION DATE:

The Project shall be commenced on the date specified in the Notice to Proceed. The total project will be completed within seventy (70) working days as defined in the General Conditions, after the date stated in the Notice to Proceed. 105
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Traffic signal equipment, including mast arm poles, signal heads, cabinets, controllers, and related components, are recognized as long-lead items. The Contractor shall submit shop drawings for traffic signal equipment within fifteen (15) calendar days of the Notice to Proceed and shall initiate procurement immediately upon approval.

A concurrent procurement period of up to one hundred twenty (120) calendar days will be allowed for acquisition of traffic signal equipment. Working days will be charged continuously during the procurement period except as follows:

Working days will not be charged only for delays directly attributable to the unavailability of traffic signal equipment, provided that all of the following conditions are met:

1. All required submittals for traffic signal equipment are submitted within fifteen (15) working days of the Notice to Proceed; and

2. The Contractor provides satisfactory evidence that materials have been ordered in a timely manner; and

3. The Contractor is actively performing all other work not dependent on the traffic signal equipment.

Upon delivery of the traffic signal equipment, or upon expiration of the 120-calendar-day procurement period, whichever occurs first, all remaining working days shall be charged in accordance with the Contract.

5. NOTICE AND SERVICE THEREOF:

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

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

Business Hyatt Contracting, Inc.

Attention David Hyatt, President
Street Address 3289 Rollin Hills Rd.

City, State, Zip Code Marysville, CA 95901
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(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

6. LIQUIDATED DAMAGES:

Liquidated damages as provided for in the General Conditions of the Contract shall be in the sum of Four Thousand Two hundred Dollars ($4,200.00) for each and every day as defined therein for each different scope of work as defined by the Base Bid and each change order except as otherwise specified in the Supplemental Conditions.

7. PREVAILING WAGE:

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

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

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

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

ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. By electronically signing this document in electronic form, Parties agree that this Agreement may be transmitted and signed electronically by all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California law and regulations, including but not limited to Civil Code Section 1633.7
Date David Hyatt, President
Date Amanda Berlin, Assistant City Manager
City of West Sacramento
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Approved as to form:

Jeffrey Mitchell, City Attorney
Attest:

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

ADDENDA REPORT
Invitation to Bid - Washington Public Infrastructure Project

Page 1 ends

ITB No. 26-041-ITB
Washington Public Infrastructure Project
RESPONSE DEADLINE: May 14, 2026 at 2:00 pm
Wednesday, May 27, 2026
Addenda Issued:

Addendum #1
Apr 29, 2026 3:41 PM
THIS ADDENDUM modifies the Invitation to Bid for the Washington Public Infrastructure Project issued on April 24, 2026. All provisions of the original ITB remain in full force and effect except as specifically noted herein. Proposers shall acknowledge receipt of this Addendum in their proposal.

REVISED PLAN SET
The plan set previously issued with the Invitation to Bid contained duplicate sheets and was issued in error. The corrected and complete plan set is attached to this Addendum and hereby replaces the previously issued plan set in its entirety.

Bidders shall utilize only the revised plan set included with this Addendum for preparation of their bids. The previously issued plan set shall be considered void and shall not be used. .Please use the See What Changed link to view all the changes made by this addendum.

Attachments:
· Addendum No1_Final · Washington - Signed Plans 4-29-2026 Addenda Acknowledgements:

Addendum #1
Proposal Confirmed Confirmed At Confirmed By
MARTIN BROTHERS CONSTRUCTION X May 1, 2026 3:25 PM Felipe Martin FBD Vanguard Construction, Inc. X May 4, 2026 11:33 AM Leila Anzo-Sanchez Zara Construction, Inc. X May 14, 2026 12:47 PM Atif Zack Zahoor B&M Civil LLC X May 14, 2026 12:24 PM Patrick Mullen
Hyatt Contracting Inc X May 14, 2026 9:38 AM David Hyatt 125
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CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION TO: Ariana Adame, Director of Capital Projects
City of West Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
I am aware of the provisions of Section 3700 of the Labor Code of the State of California which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

By
David Hyatt, President
Hyatt Contracting, Inc.
3289 Rollin Hills Road
Marysville, CA 95901
(Business Address)
(Place of Residence)
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1795423.1 7203-038
[PROJECT NAME AND PROJECT NUMBER]
PART 2 GENERAL CONDITIONS
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PART 2: GENERAL CONDITIONS
SECTION 1

DEFINITIONS AND TERMS

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

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

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

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

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

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

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

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

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

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

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

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

Bureau - United States Bureau of Reclamation.

Calendar Day - Each day shown on the calendar.

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

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

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

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

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

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

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

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

Contractor - The person or persons, firm, partnership or corporation or other entity who has entered into the Contract with the City to perform the Work. 131
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County - County of Yolo, California.

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

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

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

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

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

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

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

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

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

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

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

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

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

Project Manager - The person designated by the City as its project management representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. The Project Manager will be the City Engineer unless the City designates a separate Project Manager. 132
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When a Project Manager is used for a project, the Project Manager has full authority to act as the City Engineer unless the designation specifically states otherwise.

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

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

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

State - State of California.

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

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

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

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

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

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

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

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

Whenever in the Specifications or upon the drawings the words “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, or words of like import are used, it shall be 133
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understood that the direction, requirement, permission, order, designation or prescription of the Engineer is intended, and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import, shall mean approved or acceptable to, or satisfactory to the Engineer, unless otherwise expressly stated.
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SECTION 2

SCOPE OF WORK

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

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

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

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

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

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

2.02. CONTRACTOR’S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after 135
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the execution of this Contract, shall affect or modify any of the terms or obligations contained herein.

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

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

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

Where the protest concerning a Change Order relates to compensation, the compensation payable for all work specified or required by said Change Order to which such protest relates will be determined in the same manner as provided in Section 2.04 of this section. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work. Where the protest concerning a 136
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Change Order relates to the adjustment of time and for completion of the Work, the time to be allowed therefor will be determined as provided in this section.

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

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

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

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

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

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

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

This portion of the proposal may further include the Contractor’s and any of its Subcontractors’ reasonably anticipated costs for the rental and operation of prime construction and automotive equipment furnished and used in connection with the change in the Work. The equipment rental and operation rates used shall be the latest edition of the Department of Transportation, Division of Construction, Equipment Rental Rates. These costs shall not include charges for listed equipment or major tools with a new cost of five hundred dollars ($500.00) or less. No time charges shall be allowed except for equipment actually used for the proper and efficient performance or completion of the authorized change in the Work. (5) Subcontractors
The lump sum proposal may include up to five percent (5%) of the amount, which the Contractor will pay to any of its Subcontractors for the change in the Work as allowable overhead and profit to the Contractor.
(6) Failure to Submit Lump Sum Proposal
In the event that the Contractor fails to submit its proposal within the designated period, the Engineer may direct the Contractor to proceed with the change or addition to the Work and the Contractor shall so proceed. The Engineer shall unilaterally determine the reasonable costs and time to perform the work in question, which determination shall be final and binding upon the Contractor.
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(7) Failure to Agree on Lump Sum Amount
In the event that the parties are unable to agree as to the reasonable costs and time to perform the change in or addition to the Work based upon the Contractor’s proposal and the Engineer and City do not elect to have the change in the Work performed on a time and material basis, the Engineer and City shall make a unilateral determination of the reasonable cost and time to perform the change in the Work, based upon their own estimates, the Contractor’s submission or combination thereof. In such instances, a Change Order shall be issued for the amount of costs and time determined by the Engineer and the City and shall become binding upon the Contractor unless the Contractor submits its protest in writing to the City within thirty (30) days of the issuance of the Change Order. The City has the right to direct the Contractor in writing to perform the change in the Work, which is the subject of the Change Order. Failure of the parties to reach agreement regarding the costs and time of performing the change in the Work and/or any pending protest shall not relieve the Contractor from performing the change in the Work promptly and expeditiously.
(c) Payment by Unit Prices
If any of the items included in the lump sum proposal are covered by unit prices contained in the contract document, the City may, if it requires the change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No overhead and profit shall be applied to any unit prices. (d) Payment on a Force Account Basis
If the City elects to have the change or addition to the Work performed on a force account basis, the Work shall be performed, whether by the Contractor’s forces or the forces of any of its Subcontractors or Sub-Subcontractors, and payment shall be made subject to the following provision. The Contractor will be paid the direct costs of the labor, equipment and materials used in performing the force account work determined as hereinafter provided. (1) For labor, the Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer or Project Manager) used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor or any or any Subcontractor of any tier, shall be actual wages, including basic hourly wage, health and welfare payments and pension payments incurred in performing the force account work, plus any travel and subsistence payments for the workers performing such work and made necessary thereby. To the actual wages shall be added a labor surcharge as set forth in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, as in effect on the date the work is performed. The labor surcharge shall be deemed to encompass the City’s entire liability to reimburse the Contractor for workers compensation insurance payments, social security payments, Medicare payments, federal unemployment insurance payments, state unemployment insurance payments and state training taxes, made necessary by the force account work.
(2) For equipment, the Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date the work is performed, regardless of ownership or any rental agreement entered into by Contractor for 139
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such equipment. The rental rate paid in accord with said publication shall be deemed to include the cost of fuel, oil, lubrication, supplies, small tools, attachments, repairs and maintenance, depreciation, storage and insurance for said equipment. Rental time will not be paid when equipment is inoperable due to breakdowns, repairs or maintenance. Payment for loading, transporting and unloading time will be in accordance with the State Standard Specifications applicable to loading, transporting and unloading equipment for force account work, as applicable as of the date the equipment is loaded, transported or unloaded. (3) For materials used in the work, the City will pay for materials furnished by the Contractor and necessarily used in the force account work. Prior to markups as set forth below, the amount paid shall be the price paid by the actual purchaser to the actual supplier plus any necessary actual costs of handling the materials.

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

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

It is expressly agreed that Contractor shall not be entitled to claim damages for anticipated profits on any portion of the Work that may be deleted. 140
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The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section 3.20 to audit Contractor’s as-Bid profit in connection with any deductive change, to arrive at a final adjustment. Contractor’s as-Bid profit shall be reduced pro rata according to the proportion of the original contract value less as-Bid profit, represented by the work deleted.

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

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

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

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

2.07. CLAIMS FOR EXTRA COSTS
(a) Notice of Potential Claims
(1) It is hereby mutually agreed that the Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by 141
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the Engineer, or the happening of any event, thing or occurrence, unless the Contractor provides the Engineer with written notice of the potential claims as hereinafter specified.

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

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

Dated:
/s/
Subscribed and sworn before me this _____ day
of
Notary Public
My commission expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.

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

Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. (3) Meet And Confer Regarding Unresolved Claims. If the Contractor disputes the City’s written statement issued pursuant to Section 4.07(c)(1) or if the City fails to issue a timely written response, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. Within 10 business days following the conclusion of the meet and confer conference, the City shall provide the Contractor with a written statement identifying the portion 143
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of the claim that remains in dispute and the portion that is undisputed. The City shall pay any undisputed portion of the claim within 60 days after it issues its written statement. (4) Mediation. If the Contractor disputes, in writing, any portion of the City’s written statement as issued under Section 4.07(c)(3), the disputed items shall be submitted to nonbinding mediation according to the provisions of Public Contract Code section 9204(d)(2), and any costs of mediation shall be allocated as set forth in that section. Upon receipt of a claim, the City and the Contractor may agree to waive, in writing, mediation. (5) Failure to Respond or Pay. If the City fails to timely respond to a claim from the Contractor or otherwise fails to meet the time requirements of Public Contract Code section 9204, the claim shall be deemed rejected in its entirety. Additionally, amounts not timely paid in the manner required by Public Contract Code section 9204 shall bear interest at 7 percent per annum.
(6) Subcontractor Claims. If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of the Subcontractor or lower tier Subcontractor pursuant to Public Contract Code section 9204(d)(5).

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

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

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

CONTROL OF WORK

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

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

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

The Contractor shall keep one copy of said Drawings, in good order, available to the Engineer and the Engineer’s representatives, and convenient to the working site. 146
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(b) If the Contractor, in the course of the Work, finds any discrepancy between the Drawings and the physical condition of the locality, or any errors or omissions in the Drawings, or in the layout as given by points and instructions, it shall be the Contractor’s duty to inform the Engineer in writing, and the Engineer will promptly verify the same.

Any work done after such discovery, until authorized, will be done at the Contractor’s risk. All Drawings, Specifications, and copies thereof furnished by the Engineer are the property of the Engineer and shall not be reused on other work and, with the exception of the signed Contract sets, are to be returned to the Engineer, on request, at the completion of the Work. All models are the property of the City.
(c) The Drawings shall be supplemented by such Shop Drawings prepared by the fabricator and/or supplier and Working Drawings prepared by the Contractor as are necessary to adequately control the Work. No changes shall be made by the Contractor in any Shop or Working Drawings after they have been reviewed by the Engineer, if the Engineer deems that no further submittals are necessary. The Contractor shall not commence the layout, purchase, fabrication, or construction of any work for which Shop or Working Drawings are required until Engineer has reviewed the specifications and drawings and has indicated in writing no further submittals are required for compliance with the Contract Documents. (d) Shop and Working Drawings for any structure shall include, but not be limited to, detail design calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc., which shall be reviewed and accepted by the Engineer before any such work is performed.
(e) Shop and Working Drawings will be required for cribs, cofferdams, falsework, centering and form work and for other temporary work and methods of construction the Contractor proposes to use. Such Drawings shall be subject to the review and Acceptance of the Engineer insofar as the details affect the character of the finished work, but details of design will be left to the Contractor who shall be responsible for the successful construction of the Work.
(f) Contractor agrees that Shop and/or Working Drawings processed by the Engineer are not Change Orders; that the purpose of these Drawings submitted by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that the Contractor demonstrates its understanding by indicating which equipment and material the Contractor intends to furnish and by detailing the fabrication methods it intends to use. It is expressly understood, however, that favorable review of the Contractor’s Shop and Working Drawings shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreements of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of its Drawings with the Specifications. Contractor further agrees that if deviations, discrepancies or conflicts between Shop and/or Working Drawings and Specifications are discovered either prior to or after the Drawings are processed by the Engineer, the Specifications shall control and shall be followed.
(g) Unless otherwise stated, the Engineer shall have thirty (30) days from the date of receipt of Shop and/or Working Drawings for review.
(h) Full compensation for furnishing all Shop and/or Working Drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings 147
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relate and no additional compensation will be allowed therefore. Any cost related to the Engineer’s review of any particular set of Shop and/or Working Drawings more than twice, due to incompleteness or unacceptability, shall be borne by the Contractor, and the City reserves the right to withhold such costs from payments due the Contractor. (i) All reasonable effort has been made to locate and delineate all known structures and facilities on the plans. Except as otherwise provided herein, the City of West Sacramento shall assume no responsibility for the completeness or accuracy of its delineation of underground utilities nor the existence of other buried objects which may be encountered, or which are not shown on the plans.
(j) The Contractor shall keep and maintain a clean set of plans for the project and shall record in red ink all changes, revisions, etc. made during the course of construction. These plans shall include all changes, revisions, etc. from the original plan complete with the exact sizes, locations, dimensions, elevations, etc. These plans shall be kept and maintained in a neat, clean and legible condition and shall be available for inspection at all times by the Engineer. The Contractor shall deliver these completed plans to the Engineer and the Engineer shall approve these plans prior to final Acceptance of the project by the City.

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

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

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

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

The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as shown on the plans and described in the Specifications. Contractor shall promptly notify the Engineer in writing of any specification at variance therewith. In such instances, any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be 148
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contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, Contractor shall bear all costs arising therefrom.

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

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

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

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

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

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

3.10. INSPECTION OF WORK
(a) Unless otherwise provided, all equipment, materials, and work shall be subject to inspection and testing by the Engineer. The Engineer will observe the progress and quality of the Work and determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Engineer shall not be required to make comprehensive or continuous inspections to check the quality of the Work. The Engineer shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of Contractor’s obligation to conduct comprehensive inspections of the Work and to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
(b) Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer so that proper inspection may be 150
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provided. Any work done in the absence of the Engineer shall be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Engineer and other agents of the City, and agents of the federal, state, or local governments at all reasonable hours for inspection by such agencies to ascertain compliance with laws and regulations.
(c) One or more inspectors may be assigned to observe the Work by the Engineer and to act in matters of construction under this Contract. It is understood that inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. Such inspection shall not relieve the Contractor of the Contractor’s obligation to conduct comprehensive inspections of the Work, to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions in conformance with the intent of the Contract.
(d) The Engineer and the Engineer’s representatives shall at all times have access to the Work wherever it is in preparation or progress, and the Contractor shall provide safe and convenient facilities for such access and for inspection. If the Specifications, the Engineer’s instructions, laws, ordinances, or any public authority require any material, equipment or work to be specifically tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the City, of the time fixed for inspection. Inspections by the Engineer will be made promptly and, where practicable, at the source of supply.
(e) Work performed without inspection may be required to be removed and replaced under proper inspection. In such instances, the entire cost of removal and replacing, including the cost of City-furnished materials used in the Work, shall be borne by the Contractor, regardless of whether or not the Work exposed is found to be defective. Examination of questioned work, other than that installed without inspection, may be ordered by the Engineer and, if so ordered, the Work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the City will pay the cost of re-examination and replacement. If such work is found to be not in accordance with the Contract Documents, the Contractor shall pay such cost, unless the Contractor can show that the defect in the Work was caused by another Contractor , and in that event the City will pay such costs. (f) The inspection of the Work shall not relieve the Contractor of the Contractor’s obligation to fulfill the Contract as herein prescribed, or in any way alter the standard of performance provided by the Contractor, and defective work shall be made good and unusable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the Work or any part thereof shall be found defective, the Contractor shall, within ten (10) calendar days, make good such defect in a manner satisfactory to the Engineer. If the Contractor fails to make ordered repairs of defective work or to remove the condemned materials from the Work within ten (10) calendar days after written direction by the Engineer, the City may make the ordered repairs, or remove the condemned materials, and deduct the cost thereof from any monies due the Contractor.
(g) The Contractor shall furnish promptly, without additional charge, all facilities, labor and materials reasonably needed by the Engineer for performing all inspection and tests.

Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection. 151
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(h) Where any part of the Work is being done under an encroachment permit or building permit, or is subject to federal, state, county or city codes, laws, ordinances, rules or regulations, representatives of the government agency shall have full access to the Work and shall be allowed to make any inspection or tests in accordance with such permits, codes, laws, ordinances, rules, or regulations. If advance notice of the readiness of the Work for inspection by the governing agency is required, the Contractor shall furnish such notice to the appropriate agency.
(i) The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer’s authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials.

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

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

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

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

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

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

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

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

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

3.18. USE OF COMPLETED PORTIONS, RIGHT TO OPERATE UNSATISFACTORY

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

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

3.20. CITY’S RIGHT TO AUDIT AND PRESERVATION OF RECORDS (a) The Contractor shall maintain books, records and accounts of all costs in accordance with generally accepted accounting principles and practices. The City and its authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions:
(1) The Contract is terminated for any reason in accordance with the provisions of the Contract Documents in order to arrive at equitable termination costs; (2) In the event of a disagreement between the Contractor and the City over the amount due the Contractor under the terms of the Contract; (3) To check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor’s efficiency or effectiveness under this Contract or in connection with extras, changes, claims, additions, backcharges, or others, as may be provided for in this Contract;
(4) If it becomes necessary to determine the City’s rights and the Contractor’s obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the City; (5) To determine any difference in cost occasioned by a permissible substitution;
(6) And/or for any other reason in the City’s sole judgment. (b) Contractor shall provide the City (or its representatives), unlimited, reasonable access during working hours to the Contractor’s books and records. The City’s audit rights shall be liberally construed in the City’s favor.
(c) The Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to the City for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor (but without any charge to the City), all its books, records, documents, photographs, micro-photographs, and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the Work hereunder.
(d) The City will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the City’s option, either during the Contract time period or during the record retention time period. Regardless of authorization, approval or acceptance, signatures or letters which are given by the City and are part of the City’s control systems or are requested by the Contractor, the payments made under this Contract shall not constitute a waiver or agreement by the City that it accepts as correct the billings, invoices or other charges on which the payments are based. If the City’s audit 155
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produces a claim against the Contractor, the City may pursue all its legal remedies even though it has made all or part of the payments required by this Contract. (e) If any audit by the City or its representative discloses an underpayment by the City pursuant to the terms of the Contract Documents, the City shall have the duty to pay any amount found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the City for the amount of the overpayment. The City’s right to claim reimbursement from the Contractor of any overpayment shall not be terminated or waived until three years after the completion of the City’s audit or upon the termination of audit rights under subparagraph 3.20(f), whichever date is later. The obligation of the Contractor to make reimbursements hereunder shall not terminate except as provided by law.
(f) The City’s right to audit and the preservation of records shall terminate at the end of three (3) years after the date final payment is made or termination of the Contract. The Contractor shall include this “Right to Audit and Preservation of Records” clause in all subcontracts issued by it and it shall require the same to be inserted by all lower tier Subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to include this clause in any such contract or lower tier contract, or otherwise fail to insure the City’s rights hereunder, Contractor shall be liable to the City for all costs, expenses and attorney’s fees which the City may have to incur obtaining or attempting to obtain an audit or inspection of or the restoration of records which otherwise would have been available to the City from said persons under this clause. Such audit may be conducted by the City or its authorized representative.
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SECTION 4

CONTROL OF MATERIALS

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

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

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

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

Requests for review of equivalency will be considered upon submission of sufficient information as described herein, to allow complete review. Such requests shall not be accepted from anyone other than the Contractor. Such submission must be made prior to purchase, fabrication, manufacture or use of the equivalent items under consideration. (a) Contractor’s Risk. If the Contractor includes in its Bid or later proposes any material, product or equipment that the Contractor considers equivalent to that specified, the Contractor assumes all risk of any sort associated with Acceptance or rejection of proposed equivalent items. The Contractor shall have no right to make claim based upon Contractor’s Bid that includes a proposed equivalent item(s) of work which resulted in a lower Bid amount for said item(s) or lower total bid.
(b) Submission Requirements. Each submission for equivalency review shall include:
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(1) Justification for use of the proposed equivalent item(s), including evidence, as applicable, that Contract specified material, product or equipment is unobtainable or unobtainable within an acceptable time for contract completion; (2) A description of the difference between specified item(s) and proposed equivalent item(s) and the comparative advantages and disadvantages of each; (3) All relevant data addressing each specified parameter to show equivalency;
(4) A prediction of any effects the proposed change will have on operation and maintenance costs where applicable.
(c) Equivalency. An item will be considered equivalent to the item specified if it is equal to or better in:
(1) Design and strength in all sub-parts, quality, reliability and durability, operation, maintenance and serviceability, as applicable; and (2) Specified parameters in performance in all respects for the specific function(s) indicated in the contract.
(d) Supplemental Requirements. Any tests required by the City to establish quality and performance standards shall be promptly conducted by or through the Contractor at no additional cost to the City. In addition, the Contractor shall:
(1) Submit any additional data requested by the Engineer for the equivalency review; and
(2) Satisfactorily accomplish all changes, including any Engineering associated with use of equivalent items, at no additional cost to the City. (e) Equivalency Determinations. The Engineer shall be the sole judge as to equivalency determinations. The Engineer’s decision shall be final. The Contractor shall have no right of appeal to any decision rejecting the equivalency of any item. (f) Procedure.
(1) Data substantiating a request for a substitution of “an equal” item shall be submitted prior to the Award of the Contract pursuant to Section 3400 of the latest edition of the Public Contract Code.
(2) After the Bid opening, the apparent three low bidders shall have seven (7) calendar days to provide complete substantiating data for all product, material or system substitution requests. After this seven (7)-day period, the City may award the Contract to the apparent low bidder. In no event will product, material or system substitution requests submitted after the Award of Contract be considered. Failure to submit such substantiating data will result in the automatic rejection of the proposed substitution request. The City will have thirty (30) days to review the first ten (10) proposed substitution requests. For each additional five (5) product, material or system substitution requests over and above the initial ten (10), the City will have ten (10) additional days to review the proposed substitution requests. 158
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(3) Each substitution request may include one alternate substitution. All alternate substitutions shall be submitted concurrently with substitution requests. Upon review by the City, proposed substitutions shall be returned to the Bidder marked either “accepted” or “rejected”. The City shall only review alternative substitution requests if the primary substitution request is rejected. If a substitution request, and its alternative, is returned “rejected”, no further substitution requests for that product, material or system will be allowed and the Bidder will provide the specified product, material or system.
(4) If, after all substitution requests have been processed, substitution requests by the apparent low Bidder are rejected by the City, the apparent low Bidder may elect not to execute the Contract. Under no circumstances, will bidders be allowed to alter their Bid Price as originally submitted. This election shall be made in writing no later than five (5) days following the receipt of the reviewed substitution requests. An election by the Bidder not to execute the Contract will result in the forfeiture of the bidder’s Bid bond. If the apparent low Bidder elects not to continue, and the second low Bidder is awarded the Contract, the second low Bidder may then elect not to execute the Contract for the contract price shown on its Bid Form. Subsequent bidders shall have five (5) days following the receipt of the reviewed substitution requests and the Notice of Award in which to make their election. This process shall continue until one Bidder decides to continue with the Award of Contract process. (5) The City may award the Contract at any time after the time for submitting substitution requests expires pursuant to subpart (2), above. In the event the Contract is awarded prior to acceptance/rejection of substitution requests, all outstanding substitution requests shall be reviewed by the City as provided above. If the apparent low Bidder elects not to execute the Contract, the Award of Contract to the apparent low Bidder shall be rescinded and the Contract awarded to the next apparent low bidder. All bidders electing not to execute the Contract expressly agree that the City shall incur no liability for such rescissions. As provided herein, “apparent low bidder” means the lowest responsive and responsible bidder.

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

LEGAL RELATIONS AND RESPONSIBILITY

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

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

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

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

5.05. EIGHT-HOUR DAY LIMITATION
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, eight hours labor shall constitute a day’s work, and no worker, in the employ of said Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of 163
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those provisions; provided that subject to Labor Code section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Work. This record shall be open at all reasonable hours to the inspection of the City, State and Federal officers and agents. It is hereby further agreed that, the Contractor shall forfeit as a penalty to the City the sum of twenty-five dollars ($25.00) for each worker employed in the performance of this Contract by the Contractor or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5.06. COMPLIANCE WITH STATE REQUIREMENTS FOR EMPLOYMENT OF

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

5.07. UNDERGROUND UTILITIES
(a) In accordance with Government Code section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating existing main or trunkline utility facilities which are not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work, provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing or relocating such utilities. Contractor shall not be assessed liquidated damages for delays in completing the Work when such delays are due to the failure of either the City or the owner of the utility to provide for removal or relocation of such utility facilities. (b) The Contractor shall take all precautions necessary to protect the existing utilities within the project area. Any utilities damaged due to the Contractor’s negligence shall be repaired or restored to their original condition at the Contractor’s sole expense. Existing utilities shall be kept in service during the life of the Contract unless relocation, reconstruction, abandonment, or outage is specifically authorized by the Engineer. (c) The Contractor shall provide and maintain such temporary supports as may be necessary to preserve the functions of the various utility systems. No wires, conduits and/or pipes shall be removed until all services therein have been made inoperable. (d) The Contractor shall notify the Engineer and appropriate Regional Notification Center for operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures. The Contractor shall provide updated information to the Notification Center as required and on a periodic basis. The Regional 164
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Notification Center includes but is not limited to the Underground Service Alert-Northern California (USA) at 1-800-642-2444.
(e) The Contractor is advised that the State of California does not participate in USA.

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

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

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

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

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

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

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

5.12. PUBLIC CONVENIENCE
This section defines the Contractor’s responsibility with regard to convenience of the public and public traffic in connection with its operations. (a) The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be properly prosecuted with due regard to the rights of the public.
(b) Unless otherwise provided in the Contract Documents, all public traffic shall be permitted to pass through the Work with as little inconvenience and delay as possible. In order to expedite the passage of public traffic through or around the work, the Contractor shall install as appropriate signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall provide and station competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the Work. The cost of furnishing and installing such signs, lights, flares, barricades, and other facilities, and the cost of providing and stationing such flagpersons, all for the convenience and direction of public traffic, will be considered as included in the Contract price and no additional compensation will be allowed. (c) Spillage resulting from hauling operations along or across any publicly traveled way shall be removed immediately by the Contractor at its expense. (d) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
(e) Convenient access to driveways, houses and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner’s access across the right-of-way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.
(f) Water shall be supplied if ordered by the Engineer for the alleviation or prevention of dust nuisance as provided in the Contract Documents. Any water obtained from a fire hydrant within the City of West Sacramento shall be subject to a fire hydrant permit issued by the Engineering Division of the City of West Sacramento. (g) Flagpersons and guards, while assigned to traffic control, shall perform their duties and shall be provided with the necessary equipment in accordance with the current “Instructions to Flagmen” of the California Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor at its expense. 166
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(h) All traffic control shall be in accordance with California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. (1) Traffic Control Plans. Traffic Control Plans shall be developed for the project to assure that adequate consideration is given to the safety and convenience of motorists, pedestrians, and workers during construction. The Traffic Control Plans shall include, but not be limited to, signing, pavement markings, construction scheduling, permanent barricades, methods and devices for delineation and channelization, placement and maintenance of devices, roadway lighting, traffic regulations, surveillance and inspection. The Traffic Control Plans shall be approved by the Engineer a minimum of two (2) working days prior to start of any work. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(2) Traffic Control Devices and Procedures. Traffic control devices and procedures shall conform to the California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(3) Elimination of On-Street Parking. The Contractor shall place notification for the elimination of on-street parking, if required, at least forty-eight (48) hours, but not more than seventy-two (72) hours prior to the start of work. The notification shall include the Contractor’s phone number, the City of West Sacramento Community Development Department phone number (916) 617-4645, and the phrase “VEHICLES WILL BE TOWED PURSUANT TO CVC SECTION 22651 (L)”. This notice shall be affixed to a Type II barricade that is placed in the lane of the road (max. 200 ft. spacing) used for on-street parking. No other location or method of placement is acceptable. The notification shall be in a form approved by the Engineer. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(4) Lane Closures. All lane closures shall be included in the Traffic Control Plans, and shall both conform to Section 5.12(h)(2) above, and be approved by the Engineer.

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

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

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

Safety provisions shall conform to all applicable federal, state, and local laws, ordinances, and 167
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codes, and to the rules and regulations established by the California Division of Industrial Safety, and to other rules of law applicable to the Work. (2) The services of the Engineer in conducting construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Engineer or the City responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers; or for access, visits, use work, travel or occupancy by any person.
(3) The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation and in sump pump work.
(4) All work and materials shall be in strict accordance with all applicable State, Federal and local laws, rules, regulations, and codes. (5) Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by law, this shall be provided. (6) The Contractor shall submit a safety plan and/or narrative description to the Engineer prior to commencement of the Work. This safety plan and/or narrative description shall describe all first aid, safety clothing, etc. to be used at the Project Site. (b) Shoring and Trench Safety Plan
(1) Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the Contractor shall comply with this law.
(2) In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. Not less than thirty (30) days before beginning excavation for any trench or trenches five feet or more in depth required under this Contract, the Contractor shall furnish to the Engineer Working Drawings of its trench safety plan. The trench safety plan Working Drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, Department of Labor, the plan shall be prepared by a registered civil or structural engineer. In no event shall the Contractor use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by the Contractor or its Subcontractors. 168
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5.15. BLASTING
Except for exceptional circumstances, blasting shall be prohibited. Accordingly, Bids should be prepared on the basis that no blasting will be permitted. Should blasting be required and expressly approved by the City, the City will issue a Change Order for blasting work.

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

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

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

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

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

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

5.22. CONTRACTOR’S LICENSE NOTICE

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

P.O. BOX 26000
SACRAMENTO, CALIFORNIA 95826

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

5.24. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the Contractor’s bid.
(a) Neither the Contractor nor any Subcontractors shall commence any work until all required insurance has been obtained at their own expense. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A. M. Best’s rating of no less than A-VII.
(b) Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guarantee period. (c) Prior to execution of the Contract, the Contractor shall furnish the City with original endorsements effecting coverage for all policies required by the Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the City. The City may require the Contractor or any Subcontractor to furnish complete certified copies of all insurance policies affecting the coverage required by the Contract. (d) All of the Contractor’s policies shall contain an endorsement providing that written notice shall be given to the City at least sixty (60) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
(e) Any policy or policies of insurance that the Contractor elects to carry as insurance against loss or damage to its construction equipment and tools shall include a provision therein providing a waiver of the insurer’s right to subrogation against the City and the Engineer.
(f) The requirements as to the types, limits, and the City’s approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under the Contract. 171
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(g) In addition to any other remedy the City may have, if the Contractor or any of the Subcontractors fails to maintain the insurance coverage as required in this section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due the Contractor under this Contract. (h) The Contractor and all Subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by the Contractor and all Subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of the Contractor or any Subcontractor to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this contract. (1) Workers’ Compensation and Employer’s Liability Insurance (i) Workers’ Compensation
The Contractor and all Subcontractors shall maintain insurance to protect the Contractor or Subcontractor from all claims under Workers’ Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Workers’ Act. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable State and Federal statutes and regulations. The Contractor shall execute a certificate in compliance with Labor Code section 1861, on the form provided in the Contract Documents. (ii) Claims Against City
If an injury occurs to any employee of the Contractor or any of the Subcontractors for which the employee or its dependents, in the event of its death, may be entitled to compensation from the City under the provisions of the said Acts, or for which compensation is claimed from the City, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by said Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due, the Contractor.
(2) Commercial General and Automobile Liability Insurance The Contractor shall maintain in effect at all times during the performance of the work hereunder not less than the following coverage’s and limits of Commercial General and Automobile Liability insurance:
(i) Form and Amount
The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily injury, personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents or consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence with an aggregate no less than two (2) times the required per occurrence limit applying to bodily injury, personal injury, and property damage, or any combination of the three. Any deductibles must be declared 172
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to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles as respects the entity, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration expenses, and defense expenses. The commercial general and automobile liability insurance coverage shall also include the following:
(ii) Additional Requirements
Provision or endorsement naming the City, the Engineer and its consultants, and each of their officers, employees, and agents, each as additional insured’s with respect to any potential liability arising out of the performance of any work under the Contract, and providing that such insurance is primary insurance as respects the interest of the City and Engineer, and its consultants, and each of their officers, employees, and agents and that any other insurance, risk pool membership, or other liability protection maintained by the City or maintained by the Engineer is excess to the insurance required hereunder, and will not be called upon to contribute to any loss unless and until all limits available under the Contractor ‘s and Subcontractor’s insurance policy/policies have been paid. The additional insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
(iii) “Cross Liability” or “Severability of Interest” clause. (iv) Broad Form Property Damage, Personal Injury, Contractual Liability, Protective Liability, and Completed Operations coverage’s, and elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.
(v) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract, including, without limitation, that set forth in Section 4.02, Indemnity and Litigation Costs.
(vi) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. (vii) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(3) Builder’s Risk or Installation Floater “All-Risk” Insurance. Before commencement of the Work, the Contractor shall submit written evidence that it has obtained for the period of the Contract, Builder’s Risk “All-Risk” Completed Value Insurance and/or Inland Marine “All-Risk” Installation Floater Insurance, as may be applicable, upon the entire project which is the subject of this Contract, including completed work and work in progress. The policy or policies of insurance shall name the Contractor, City, and Engineer as insured’s as their respective interests may appear, and shall include an insurer’s waiver of subrogation rights in favor of each. Such insurance may have a deductible clause, but the amount of the deductible 173
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shall be subject to the approval of the City, except that the deductible on earthquake coverage may be in accordance with the underwriter’s requirements.

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

5.26. PROTECTION OF WORK
(a) The Contractor shall be responsible for the care of all the Work until its completion and final acceptance. The Contractor shall, at its own expense, replace damaged or lost material and repair damaged parts of the Work or the same may be done at the Contractor’s expense by the City and the Contractor and its sureties shall be liable therefor. The Contractor shall make its own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the Work. The Contractor shall take all risks from floods and casualties except as provided by law, and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or other casualties or because of danger from flood or other casualties or for delays from such causes. The Contractor may, however, be allowed a reasonable extension of time on account of such delays, subject to the conditions herein before specified. The Contractor shall not be responsible for the cost, in excess of 5% of the contracted amount, of repairing or restoring damage to the Work, if the damage was proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale or by tidal wave’ s; provided that the Work damaged was built in accordance with accepted and applicable building standards, and the plans and specifications of the City. 174
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(b) Contractor shall effectively secure and protect adjacent property and structures, livestock, crops and other vegetation. If applicable, the Contractor shall open fences on or crossing the right-of-way and install temporary gates of sound construction thereon so as to prevent the escape of livestock. Adjacent fence posts shall be adequately braced to prevent the sagging or slackening of the wire. Before such fences are opened, the Contractor shall notify the owner or tenant of the property and, where practicable, the opening of the fence shall be in accordance with the wishes of said owner or tenant. The Contractor shall be responsible that no loss or inconvenience shall accrue to the owner or tenant by virtue of their fences having been opened or the gate not having been either shut or attended at all times. Where special types of fences are encountered, the Contractor shall install temporary gates made of similar materials and of suitable quality to serve the purposes of the original fences. In all cases where the Contractor removes fences to obtain workroom, the Contractor shall provide and install temporary fencing as required, and on completion of construction shall restore the original fence to the satisfaction of the Engineer. All costs of providing, maintaining and restoring gates and fencing shall be home by the Contractor. The Contractor shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions.
(c) The Contractor shall use extreme care during construction to prevent damage from dust to crops and adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-of-way and take other preventative measures as directed by the Engineer.
(d) The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or its employees in the course of their employment, whether such trespass was committed with or without the consent or knowledge of the Contractor. (e) The Contractor shall see that the Site is kept drained and free of all ground water and any other water, which may impede the progress or execution of the Work. (f) The Contractor shall be responsible for any damage caused by drainage or water runoff from construction areas and from construction plant areas. (g) In an emergency affecting the safety of life, the Work, or adjoining property, the Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act at its discretion to prevent such threatened loss or injury, and the Contractor shall so act without appeal if so instructed or authorized. Any compensation claimed by the Contractor on account of emergency work shall be determined as specified In Section 2.07. Should the Engineer deem an emergency condition to exist, the Contractor shall immediately do those things and take those steps ordered by the Engineer. The decision of the Engineer in this respect shall be final and conclusive. Any claims for compensation made by the Contractor on account of emergency work shall be determined as specified in Section 2.07. (h) Except as provided by Government Code section 4215, the Contractor shall be responsible for the removal, relocation and protection of all public and private utilities, including irrigation facilities in the nature of utilities, located on the site of the construction project if and to the extent that the same are identified in the Contract Documents, and the Contractor shall not be entitled to any extension of time or claim for damages for extra compensation in connection therewith. If and to the extent that such utilities or facilities are not identified in the Contract Documents, as between the Contractor and the City, the City will be responsible for the cost of their removal, relocation or protection, as the case may be, but the Contractor shall perform any 175
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such work in conformance with applicable provisions of Sections 2.06 and 2.07, if so directed by the Engineer. In such situations the Contractor shall not be responsible for delay in completion of the project caused by the failure of the City or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the City in the Contract Documents, the Contractor shall immediately notify the Engineer in writing.
(i) Subject to the provisions of this section, where the Work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the Work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the Work.

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

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

PROGRESS AND COMPLETION OF WORK

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

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

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

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

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

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

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

The Contractor shall notify the Engineer in writing two (2) working days (48 hours) prior to commencement of work on the Project or scheduling work for a Saturday, Sunday, or City 177
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Holiday. Failure to provide said notification will void the City’s obligation to provide inspection.

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

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

6.04. DELAY IN THE WORK – TIME EXTENSIONS
The Contractor shall at all times employ such force, plant, materials, and tools as will be sufficient, in the opinion of the Engineer, to prosecute the Work at not less than the rates fixed under the terms of the Contract and to complete the Work thereof within the time limits fixed therein. If the Contractor refuses or fails to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or fails to complete said work within such time, the City may exercise the termination provisions set forth in Section 6.05, below. (a) Excusable Delays. Excusable delays shall be delays in the controlling operation of the Contractor’s work due to strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, or any other act(s) of God beyond the Contractor’s control, or by delay authorized by the City, or by any cause which the City shall decide to justify the delay. Except as provided in Section 6.04(f), below, in the event of an excusable delay, the time of completion shall be extended for such reasonable time as the City may decide. The Contractor’s right to an 178
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extension of time for an excusable delay is expressly subject to Contractor’s giving written notice of such claim within ten (10) days following the date the Contractor knew or should have known of the delay. Failure to give such notice shall be construed as a waiver of such right. It is understood and agreed that extensions of time shall be the Contractor’s sole and exclusive remedy for excusable delays.
(b) Compensable delays. Compensable delays shall be delays in the controlling operating of the Contractor’s work due to acts or neglect of the City, its employees or those under it by contract or otherwise, or by changes ordered in the work. In the event of a compensable delay, the time of completion shall be extended for such reasonable time as the City may decide. In addition, the Contractor may recover its direct costs as provided in Section

6.05. The Contractor’s remedies for compensable delays are expressly subject to Contractor’s giving ten (10) days written notice of such claim from the date the Contractor knew or should have known of the delay. It is understood and agreed that the Contractor’s sole and exclusive remedies for compensable delays shall be an extension of the time and recovery of its direct costs as compensable hereunder, but only in accordance with the provisions of the Contract Documents.
(c) Contractor and City understand and agree that the Contract time for the completion of this project is a very important part of the contract. Extensions of time will only be granted as provided above when events actually cause the Contractor to be delayed in the performance of that schedule activity which is the controlling operation as of the time of the delay. When acts or omissions occur which could cause delay, Contractor will take all reasonable means in order to be able to continue to work as scheduled without any delay, or as short a delay as possible. Additionally, if inclement weather causes accumulation of standing water on the work site or other conditions which might cause delay, Contractor shall take all measures reasonably necessary to permit work to continue as quickly as possible. (d) If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by date substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Adverse weather conditions shall be considered only as those conditions that exceed the average annual number of rain days and rain quantities as established by the Annual Local Climatological Summary and NOAA National Technical Memorandum NWS WR-65 (Revised) as published by the United States Government, National Weather Service, National Climate Center, Asheville, North Carolina. (e) The Engineer shall be responsible for determining when adverse weather conditions result in non-workable days. It shall be the Contractor’s duty to stay informed of such determinations by the Engineer. The Contractor may object to such adverse weather determinations by filing with the Engineer a written notice of objection. The notice of objection shall state the basis of the objection and provide supporting documentation, which substantiates that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. All such notices of objection shall be filed within three (3) days of the day in dispute. It is hereby agreed that the Contractor’s failure to submit a written notice of objection within three (3) days of the Engineer’s adverse weather determination shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise. (f) The Engineer will, within a reasonable period of time, issue a ruling on the Contractor’s notice of objection. All such rulings by the Engineer shall be final, unless the 179
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Contractor files a written protest within fifteen (15) days of the Engineer’s ruling. This protest shall clearly state the basis of the dispute. Such protest will be forwarded promptly to the City, which will issue a decision on each such protest. The City decision will be final. Pending the City decision, the Contractor shall proceed with its work in accordance with the Engineer’s ruling and/or instructions. It is hereby agreed that the Contractor’s failure to file a protest within fifteen days (15) of the Engineer’s ruling shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise.
(g) The number of days that are anticipated to be non-workable due to adverse weather conditions shall be as set forth in Section 4.0 of the Special Conditions. Days deemed non-workable by the Engineer in excess of such anticipated number shall be considered excusable delays.
(h) Unexcused delays shall be delays in the Contractor’s work due to acts or neglect of the Contractor, its employees, Subcontractors or those under it by contract or otherwise. In the event of an unexcused delay, the Contractor expressly agrees that it shall not be entitled to either an extension of time or recovery of its costs.
(i) A request for an extension of time, or the granting of an extension of time, shall not constitute a basis for any claim against the City for additional compensation or damages unless caused by the City or another Contractor employed by the City.

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

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

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

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

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

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

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

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

6.08. FAILURE TO TIMELY COMPLETE THE WORK – LIQUIDATED DAMAGES (a) Liquidated Damages
(1) It is agreed by the parties to this Contract that time is of the essence. In the event all the Work is not completed before or upon the expiration of the time limit as set in the Bid, Contract and/or Progress Schedule, or within any time extensions that may have been 183
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granted, damage will be sustained by the City; and that it may be impracticable to determine the actual amount of damage by reason of such delay. Accordingly, it is agreed that the Contractor shall pay to the City as damages the amount set forth for each and every day’s delay in finishing the Work in excess of the number of days specified. Liquidated damages shall be paid at a rate of one thousand dollars ($1,000.00) per day unless otherwise stated in the Contract Documents.

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

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

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

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

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

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

MEASUREMENT AND PAYMENT

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

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

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

7.03. PROGRESS ESTIMATE
For each calendar month of Contract work, the Engineer will prepare a progress estimate of all work performed under the Contract. Within the first ten (10) days of each succeeding calendar month, the Engineer will prepare in writing an estimate which in the Engineer’s opinion is a fair approximation of the value of all work done under the Contract, including any amounts due the Contractor for Extra Work and Change Orders. In arriving at the value of the Work done, the Engineer will give consideration to the value of labor and materials which have been incorporated into the permanent work by the Contractor during the preceding 185
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month. Consideration will not be given to preparatory work done or for materials or equipment on hand.

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

7.04. PROGRESS PAYMENTS
(a) The City will pay the Contractor ninety-five percent (95%) of the amount of each progress estimate within thirty (30) days after receipt of an undisputed and properly submitted progress estimate from the Contractor, unless the City has made a finding prebid pursuant to Public Contract Code section 7201(b)(4) justifying a larger retention. If the City fails to pay an undisputed progress estimate within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (A) of section 685.010 of the Code of Civil Procedure. Five percent (5%) of the amount of each estimate shall be retained by the City until final completion and Acceptance of all work under the Contract. (b) Upon receipt of a payment request, the City shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the progress estimate is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(c) The number of days available to the City to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (b). (d) The Contractor may, in accordance with the provisions of Public Contracts Code section 22300, substitute securities for any monies which the City may withhold to insure performance under the Contract.
(e) When, in the judgment of the Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Engineer’s judgment the total amount of the Work done since the last estimate amounts to less than one thousand dollars ($1,000.00), no pay estimate will be prepared and no progress payment will be made. (f) No progress estimate or payment shall be considered to be an approval or Acceptance of any work, materials or equipment. Estimated amounts and values of work done and materials and equipment furnished will be conformed with actual amounts and values as they become available in subsequent progress estimates, progress payments and the final estimate and payment. All estimates and payments will be subject to correction in subsequent progress estimates and payments and the final estimate and payment. 186
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(g) It is mutually agreed between the parties to the Contract that no payments made under the Contract, including progress payments and the final payment shall be evidence of the performance of the Contract, either wholly or in part, and no payment shall construed to be an Acceptance of any defective or incomplete work or improper materials.

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

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

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

7.07. FINAL ACCEPTANCE AND DATE OF COMPLETION
Whenever the Contractor shall deem all Work under this Contract to have been completed in accordance therewith, the Contractor shall so notify the Engineer in writing, and the Engineer shall promptly ascertain whether the Work has been satisfactorily completed and, if not, shall advise the Contractor in detail and in writing of any additional work required. When all the provisions of the Contract have been fully complied with, to the satisfaction of the Engineer, the Engineer shall proceed with all reasonable diligence to determine accurately the 187
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total value of all Work performed by the Contractor at the prices set forth in the Contract or fixed by Change Orders, and the total value of all extra work, all in accordance with the Contract.

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

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

7.09. FINAL PAYMENT
Within ten (10) days after the date of completion, the City will file in the Office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. Within sixty (60) days of completion defined in Public Contract Code section 7107, the difference between said final estimate and all payments theretofore made to the Contractor shall be due and payable to the Contractor, subject to any requirements concerning the 188
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furnishings of a maintenance bond, and excepting only such sum or sums as may be withheld or deducted in accordance with the provisions of this Contract. All prior certifications upon which partial Payments may have been made, being merely estimates, shall be subject to correction in the final certificate.

7.10. FINAL RELEASE
Final payment to the Contractor in accordance with the final estimate is contingent upon the Contractor furnishing the City with a signed written release of all claims against the City arising by virtue of the Contract. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release. The release shall be in substantially the form specified in California Civil Code section 8138. 189
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1795423.1 7203-038
PART 3 SUPPLEMENTAL CONDITIONS
(SPECIAL PROVISIONS)
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SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS)
Except as modified by these Supplemental Conditions, the work shall be performed in accordance with Part 3 General Conditions. The numbering of these Supplemental Conditions coincides to the numbering in the General Conditions. The existence of a section in these Supplemental Conditions means that a corresponding section in the General Conditions is modified in some respect. Under these contract documents, Supplemental Conditions and Special Provisions have the same meaning.

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

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

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

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

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

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

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

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

Contractor shall provide submittals (shop drawings) for all materials to be installed or used on the project.
[Technical Specifications]
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PART 5 APPENDIX
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PART 6 CONTRACT DRAWINGS
(BOUND SEPARATELY)
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RESOLUTION 26-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE 5th AND F STREET TRAFFIC SIGNAL PROJECT (CIP 12018)
WHEREAS, the City of West Sacramento received 2019 and 2020 Community Development Block Grant Program (CDBG) allocations totaling $511,321 for the Washington Public Infrastructure Improvements Project (CIP 15047), formerly known as the E & F Streets Frontage Improvement Project, to support planning and design activities for pedestrian, accessibility, and streetscape improvements along F Street between 5th Street and 6th Street; and
WHEREAS, the City also included the 5th and F Street Traffic Signal Project (CIP 12018) as part of a coordinated design and construction effort to improve pedestrian safety, accessibility, and connectivity within the Washington District; and WHEREAS, environmental review and coordination activities for the Project have been completed, including environmental review pursuant to California Environmental Quality Act Guidelines Section 15168(c)(2), federal environmental review associated with the CDBG-funded design phase, agency and tribal coordination, and execution of a Memorandum of Agreement with the State Historic Preservation Office (SHPO) and consulting tribal representatives related to cultural resource monitoring requirements; and
WHEREAS, an Invitation to Bid was publicly advertised for construction of the Washington Public Infrastructure Improvements Project and 5th and F Street Traffic Signal Project in the news ledger, on the City’s website, and through OpenGov on April 24, 2026; and WHEREAS, five bid proposal(s) were received and publicly opened on May 14, 2026; and
WHEREAS, a construction contract will be awarded to Hyatt Contracting, Inc. as the lowest responsive and responsible bidder for a construction contract amount of $1,366,497.65, a construction contingency amount of $136,650.00; and
WHEREAS, archaeological monitoring services are required pursuant to the Memorandum of Agreement executed as part of the Project’s cultural resource consultation process, and the City requires construction management, archaeological monitoring, and associated support services during construction of the Project; and WHEREAS, additional appropriations in the amount of $500,000 are required for CIP 12018 to fund construction management services, archaeological monitoring services, and associated City staff costs; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1) The City Council hereby approves amendments to the Capital Improvement Program for Fiscal Year 2025/26 as listed below:

Attachment 5
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Resolution 26-59

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West Sacramento City CouncilJune 17, 2026

West Sacramento City Council
June 17, 2026