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• Online via Zoom or YouTube www.youtube.com/@cityofwestsac • Broadcast live on Wave Cable Channel 20 and rerun the next day at 12: 00 p.m. and the following Saturday at 6:00 p.m. 1
Martha Guerrero, Mayor
Verna Sulpizio Hull, Mayor Pro Tem
Quirina Orozco, Councilmember
Norma Alcala, Councilmember
Dawnte Early, Councilmember
Aaron Laurel, City Manager
Jeff Mitchell, City Attorney
AGENDA
REGULAR MEETING OF THE WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY & WEST SACRAMENTO FINANCING
AUTHORITY
AUGUST 5, 2026
City Council Regular Meeting 7:00 PM
CITY HALL
1110 WEST CAPITOL AVENUE, 2ND FLOOR
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. LAND ACKNOWLEDGEMENT
IV. MEETING PROCEDURES
GENERAL ADMINISTRATION FUNCTION – PART I
1. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE
JURISDICTION OF THE COUNCIL
PRESENTATIONS
NONE
CONSENT AGENDA
2. Capital Projects
CONSIDERATION OF CHANGE ORDER 2 TO THE CONSTRUCTION CONTRACT WITH ACCO ENGINEERED SYSTEMS, INC. FOR THE REPLACEMENT OF THE RECREATION CENTER ACTIVITY POOL HEATERS (CIP 60003)
Recommendation: Staff respectfully recommends that the City Council: 1) Approve and authorize the City Manager or his designee, to execute change order 2 to the Construction Contract with ACCO Engineered Systems, Inc. for the replacement of the two activity pool heaters for the Recreation Center Heater Replacement Project in the amount of $129,639.88; 2) Authorize the City Manager, or his designee, to execute contract amendments or change orders up to 20% ($25,927.96) of the contract amendment value; 3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the construction contract, with approval from the City Attorney; and 4) Authorize the City Manager, or his designee, to execute change orders or amendments to extend the term of the contract, if necessary.
3. Capital Projects
CONSIDERATION OF AWARD OF CONTRACT TO DON LAWLEY COMPANY INC. FOR THE BUILDING AND SITE DEMOLITION FOR 817 WEST CAPITOL AVENUE PROJECT (CIP 15059) Recommendation: Staff respectfully recommends that the City Council: 1) Find that the Building and Site Demolition for 817 West Capitol Avenue project is exempt from the California Environmental Quality Act (CEQA) review pursuant to §15183 (Projects Consistent with a Community Plan or Zoning) of the CEQA Guidelines; and 2) Award a construction contract to Don Lawley Company, Inc. for the Building and Site Demolition for 817 West Capitol Avenue project; 2 and 3) Authorize the City Manager, or his designee, to execute a contract with Don Lawley Company, Inc. in the amount of $159,900; 4)Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, including time extensions, to the contract with Don Lawley Company, Inc. with the approval of the City Attorney; and 5) Authorize the City Manager, or his designee, to execute contract amendments up to 75% ($120,000) of the contract value.
4. Capital Projects
CONSIDERATION AND ADOPTION OF RESOLUTION 26-63 APPROVING THE CITY OF WEST
SACRAMENTO'S TITLE VI PLAN
Recommendation: Staff respectfully recommends that the City Council adopt Resolution 26-63 approving the City of West Sacramento’s Title VI and Limited English Proficiency Plan.
5. Capital Projects
CONSIDERATION OF APPROVAL OF A CONTRACT AWARD TO PRO-EX CONSTRUCTION INC. FOR THE GALLERIA FLOOR CONCRETE REFINISHING PROJECT (CIP 54033) Recommendation: Staff respectfully recommend that the City Council: 1) Find that the Galleria Floor Concrete Finishing Project (CIP 54033) is exempt from CEQA review pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, and find that the determination represents the independent judgment of the City; 2) Approve and authorize the City Manager, or his designee, to execute a construction contract with Pro-Ex Construction Inc., in the amount of $231,878; 3) Authorize the City Manager, or his designee, to execute amendments or change orders up to 30% ($69,563.40) of the contract amendment value; 4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the construction contract, with approval from the City Attorney; and 5) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.
6. Capital Projects
CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT NO. 3 WITH CWE FOR THE
WEST CAPITOL AVENUE REGIONAL CONNECTION BICYCLE AND PEDESTRIAN SAFETY IMPROVEMENTS AND PARK BOULEVARD CLASS 2 BICYCLE LANES AND CROSSING RESTRIPING PROJECT (CIP 14057 & 14064)
Recommendation: Staff respectfully recommends that the City Council: 1) Approve and authorize the City Manager, or his designee, to execute Amendment No. 3 to the design services contract with CWE in the amount of $62,400 for the Park Boulevard Class 2 Bicycle Lanes and Crossing Restriping Project (CIP 14057, 14064); 2) Authorize the City Manager or their designee to execute non-substantive changes and modifications, with approval from the City Attorney; and 3) Authorize the City Manager or their designee to extend the contract term and adjust compensation, within the limits of the Council-approved budget as needed.
7. Capital Projects
CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT NO. 6 WITH VERDE DESIGN INC. FOR THE BRYTE PARK MASTER PLAN (BPMP) IMPLEMENTATION PROJECT (CIP 62138) Recommendation: Staff respectfully recommends that the City Council: 1) Approve and authorize the City Manager, or his designee, to execute Amendment No. 6 to the professional services contract with Verde Design Inc. in the amount of $263,675.00, and maintain the term of the contract to June 30, 2029, for the Bryte Park Master Plan Implementation Project; 2) Approve an increase in contract compensation in the amount of $238,982.26, with the remaining cost of Amendment No. 6 funded by previously authorized contingency; 3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, with approval from the City 3 Attorney; and 4) Authorize the City Manager, or his designee, to execute amendments to further extend the term of the contract, if necessary.
8. Capital Projects
CONSIDERATION OF REJECTION OF ALL BIDS FOR THE CITY HALL OUTDOOR PLAZA PROJECT (CIP 54015)
Recommendation: Staff respectfully recommends that the City Council reject all bids for 26-009- ITB City Hall Outdoor Plaza (CIP 54015).
9. Capital Projects
CONSIDERATION OF RESOLUTION 26-35 APPROVING FINDINGS OF ADEQUATE URBAN
LEVEL OF FLOOD PROTECTION PROGRESS
Recommendation: Staff respectfully recommends that the City Council receive the Urban Level of Flood Protection Report and adopt Resolution 26-35, making findings of Adequate Progress of Achieving 200 year flood protection.
10. Parks & Recreation
CONSIDERATION AND ADOPTION OF RESOLUTION 26-64 APPROVING THE FINANCING OF CERTAIN RECREATION FITNESS EQUIPMENT AND DECLARING THE CITY’S INTENT TO
REIMBURSE ITSELF FROM THE PROCEEDS OF DEBT FOR CERTAIN EXPENDITURES Recommendation: Staff respectfully recommends that the City Council: (1) Authorize the Finance Director or designee to accept a proposed equipment lease, and to enter into a lease-purchase agreement with U.S. Bancorp to finance the purchase of fitness equipment for the Recreation Center in the amount of $170,000; and (2) Adopt Resolution 26-64 approving the financing of the fitness equipment and declaring the City’s intent to reimburse itself from the proceeds of debt for certain expenditures.
11. City Manager's Office
CONSIDERATION OF AN AMENDMENT TO THE AGREEMENT WITH YOLO COUNTY FOR ANIMAL CONTROL SERVICES FOR FISCAL YEAR 2026/27
Recommendation: Staff respectfully recommends that the City Council authorize the City Manager, or designee, to execute the attached one-year, $1,268,866 agreement amendment with Yolo County for animal control services for fiscal year 2026/27 and to take any actions necessary to effectuate the provision of animal control services in West Sacramento consistent with the terms described in this report.
12. City Manager's Office
CONSIDERATION OF RESOLUTION 26-67 AMENDING THE DATES FOR THE SEPTEMBER AND OCTOBER 2026 REGULAR MEETINGS OF THE CITY COUNCIL
Recommendation: Staff respectfully recommends that the City Council adopt Resolution 26-67 amending the time and date for the regular City Council meetings commencing September 1, 2026 through October 31, 2026.
13. City Manager's Office
CONSIDERATION OF APPROVAL OF THE MINUTES OF THE JUNE 17, 2026 REGULAR MEETING AND JULY 7, 2026 SPECIAL MEETING OF THE WEST SACRAMENTO CITY
COUNCIL, REDEVELOPMENT SUCCESSOR AGENCY, AND WEST SACRAMENTO
FINANCING AUTHORITY
4 Recommendation: Staff respectfully recommends that the City Council approve the minutes of the June 17, 2026 Regular Meeting and July 7, 2026 Special Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
PUBLIC HEARINGS
14. Finance
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 26-70 CERTIFYING INCLUSION
OF DELINQUENT CHARGES AND PENALTIES FOR WATER, SEWER AND REFUSE SERVICES
ON THE SECURED TAX ROLL IN THE SAME MANNER AS THE GENERAL TAXES AND DIRECTING THAT A LIEN ALSO BE PLACED ON THE SUBJECT PROPERTIES.
Recommendation: Staff respectfully recommends that the City Council: 1) Conduct a public hearing; and 2) Close the public hearing and adopt Resolution 26-70 certifying inclusion of delinquent charges and penalties for water, sewer and refuse services on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the subject properties.
REGULAR AGENDA
NONE
GENERAL ADMINISTRATION FUNCTION – PART II
15. COUNCIL COMMUNICATIONS / REPORTS ON REGIONAL
COMMITTEE/COMMISSION/BOARD ASSIGNMENTS
A list of Council Assignments is available on the City website at https://www.westsac/city-council
16. 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
(i) Request to consider adding a proclamation honoring a local student for a heroic act to a future City Council meeting agenda. (Orozco)
(ii) Request to consider adding a proclamation honoring West Sac 10U and 14U Girls Softball for having been invited to Nationals to a future City Council meeting agenda. (Orozco)
F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the August 5, 2026 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted July 31 2026 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review.
__________________________________________
5 Jennifer Cusmir, City Clerk
6 City Hall, Council Chambers cityofwestsacramento.org
1110 West Capitol Avenue, 2nd Floor
Los documentos se traducen usando software de AI.
La ciudad de West Sacramento da la bienvenida a tu participación.
Las agendas de las reuniones del Ayuntamiento se publican tanto en inglés como en español.
Horario de reuniones: Las reuniones ordinarias del Ayuntamiento se celebran el primer y tercer miércoles de cada mes a las 19:00 horas. Por favor, revise el calendario de reuniones en línea para ver si hay posibles cambios en el calendario.
Comentario presencial sobre los puntos del orden del día: Envía una tarjeta de solicitud de diálogo con el Secretario Municipal antes de que concluya el periodo de comentarios públicos o antes de la conclusión de la presentación del personal sobre el punto que deseas hacer. Cada orador dispone de tres (3) minutos para dirigirse al Consejo, salvo que el alcalde amplíe el tiempo máximo permitido. El periodo de comentarios presenciales concluirá antes de que comience el comentario público virtual. No se escucharán comentarios adicionales en persona sobre un tema tras la conclusión del periodo de comentarios presenciales.
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Los oradores públicos, tanto presenciales como remotos, no pueden compartir vídeos o ayudas visuales (i.e. pdf, ppt, documentos) durante su periodo de comentarios.
Ley Brown: Según la ley estatal, la Ciudad Coucnil tiene prohibido discutir o actuar sobre cualquier asunto que no esté en la agenda.
Disposiciones de la Ley Levine: Cualquier parte de un permiso, licencia, contrato (excepto contratos de licitación competitiva, laborales o laborales personales) u otro derecho ante el Consejo está obligada a declarar en el registro cualquier contribución, incluidas las aportaciones agregadas, de más de 500 dólares realizada por el partido o sus representantes en los 12 meses anteriores a cualquier miembro del Consejo. Se solicita a los participantes y agentes que también hagan esta divulgación. La divulgación debe incluir el nombre de la parte o participante y de cualquier otra persona que haya realizado la contribución, el nombre del destinatario, la cantidad de la contribución y la fecha en que se realizó la contribución.
Ley de Estadounidenses con Discapacidades: Si se requiere asistencia especial para participar en una reunión, incluyendo la necesidad de ayudas auxiliares o servicios de traducción, por favor notifique a la Oficina del Secretario Municipal con al menos 72 horas de antelación a la reunión. Secretario Municipal 1110 West Capitol Avenue, [email protected]
Agendas traducidas: Puede solicitar una o varios puntos traducidos incluidos en el paquete contactando con el Secretario Municipal con 72 horas de antelación a la reunión. Secretario de la Ciudad, 1110 West Capitol Avenue, [email protected]
Medidas de seguridad: Todos los asistentes a la reunión deben pasar con éxito la seguridad. Cualquier persona con un objeto prohibido no se permitirá la entrada. Los objetos prohibidos incluyen, pero no se limitan a, armas de fuego (incluso
con CCW válido), cuchillos, spray de pimienta/gas pimienta, explosivos de cualquier tipo/cualquier arma y/o dispositivos peligrosos de
cualquier tipo, drogas ilegales y alcohol.
Opciones de visualización: La ciudad de West Sacramento ofrece múltiples opciones para las reuniones de visionado:
• Presencial -
• En línea a través de Zoom o YouTube www.youtube.com/@cityofwestsac • Se emite en directo en Wave Cable Canal 20 y se reemite al día siguiente a las 12:00 p.m. y el sábado siguiente a las 6:00 p.m.
7 Martha Guerrero, Mayor
Verna Sulpizio Hull, Mayor Pro Tem
Quirina Orozco, Councilmember
Norma Alcala, Councilmember
Dawnte Early, Councilmember
Aaron Laurel, City Manager
Jeff Mitchell, City Attorney
Para solicitar que se traduzcan más documentos de la agenda al español, por favor envía tu solicitud a la Oficina del Secretario de la Ciudad en [email protected] AGENDA
REUNIÓN ORDINARIA DEL AYUNTAMIENTO DE WEST SACRAMENTO Y AGENCIA SUCESORA DE REURBANIZACIÓN DE WEST SACRAMENTO Y AUTORIDAD DE FINANCIACIÓN DE
WEST SACRAMENTO
AUGUST 5, 2026
Reunion Ordinaria 19:00 PM
AYUNTAMIENTO
1110 WEST CAPITOL AVENUE, 2ND FLOOR, ROOM 238
I. LLAMADA AL ORDEN
II. JURAMENTO A LA BANDERA
III. RECONOCIMIENTO DE TIERRAS
IV. PROCEDIMIENTOS DE LA REUNIÓN
FUNCIÓN DE ADMINISTRACIÓN GENERAL – PARTE
1. COMENTARIOS PÚBLICOS SOBRE ASUNTOS QUE NO ESTÉN EN LA AGENDA DENTRO DE LA JURISDICCIÓN DEL CONSEJO
PRESENTACIONES
NINGUNO
AGENDA DE CONSENTIMIENT
2. Proyectos de Capital
CONSIDERACIÓN DE LA ORDEN DE CAMBIO 2 DEL CONTRATO DE CONSTRUCCIÓN CON ACCO ENGINEERED SYSTEMS, INC. PARA LA SUSTITUCIÓN DE LOS CALENTADORES DE PISCINAS DE ACTIVIDADES DEL CENTRO RECREATIVO (CIP 60003) Recomendación: El personal recomienda respetuosamente que el Ayuntamiento: 1) Apruebe y autorice al Gerente Municipal o a su representante a ejecutar la orden de cambio 2 del Contrato de Construcción con ACCO Engineered Systems, Inc. para la sustitución de los dos calefactores de piscina de actividad en el Proyecto de Reemplazo de Calefactores del Centro Recreativo por un importe de 129.639,88 dólares; 2) Autorizar al Gerente Municipal, o a su designado, a ejecutar enmiendas o órdenes de cambio de contrato hasta el 20% ($25,927,96) del valor de la enmienda del contrato; 3) Autorizar al Gerente Municipal, o a su representante, a realizar cambios o modificaciones no sustantivas en el contrato de construcción, con la aprobación del Abogado de la Ciudad; y 4) Autorizar al Gerente de la Ciudad, o a su representante, a ejecutar órdenes de cambio o enmiendas para extender el plazo del contrato, si es necesario.
3. Proyectos de Capital
CONSIDERACIÓN DE LA ADJUDICACIÓN DEL CONTRATO A DON LAWLEY COMPANY INC.
PARA LA DEMOLICIÓN DEL EDIFICIO Y EL SITIO DEL PROYECTO 817 WEST CAPITOL AVENUE (CIP 15059)
Recomendación: El personal recomienda respetuosamente que el Ayuntamiento: 1) determine que el proyecto de demolición de edificios y terrenos para 817 West Capitol Avenue está exento de la revisión de la Ley de Calidad Ambiental de California (CEQA) conforme al §15183 (Proyectos Consistentes con un Plan Comunitario o Zonificación) de las Directrices CEQA; y 2) adjudicar un contrato de construcción a Don Lawley Company, Inc. para la demolición de edificios y terrenos para el proyecto 817 West Capitol Avenue; y 3) Autorizar al Administrador de la Ciudad, o a su representante, a ejecutar un contrato con Don Lawley Company, Inc. por un importe de 159.900 8 dólares; 4) Autorizar al Gerente de la Ciudad, o a su representante, a ejecutar cambios o modificaciones no sustantivas, incluidas extensiones de plazo, al contrato con Don Lawley Company, Inc. con la aprobación del Abogado de la Ciudad; y 5) Autorizar al Administrador Municipal, o a su representante, a ejecutar enmiendas contractuales de hasta el 75% (120.000 dólares) del valor del contrato.
4. Proyectos de Capital
CONSIDERACIÓN Y ADOPCIÓN DE LA RESOLUCIÓN 26-63 QUE APRUEBA EL PLAN DEL TÍTULO VI DE LA CIUDAD DE WEST SACRAMENTO
Recomendación: El personal recomienda respetuosamente que el Ayuntamiento adopte la Resolución 26-63 que apruebe el Título VI y el Plan de Competencia Limitada en Inglés de la Ciudad de West Sacramento.
5. Proyectos de Capital
CONSIDERACIÓN DE LA APROBACIÓN DE UN CONTRATO ADJUDICADOR A PRO-EX CONSTRUCTION INC. PARA EL PROYECTO DE RESTAURACIÓN DE SUELOS DE HORMIGÓN GALLERIA (CIP 54033)
Recomendación: El personal recomienda respetuosamente que el Ayuntamiento: 1) determine que el Proyecto de Acabado de Hormigón de Suelo Galleria (CIP 54033) está exento de la revisión CEQA conforme al Código de Regulaciones de California, Título 14, División 6, Capítulo 3 ("Directrices CEQA"), Secciones 15301, y determine que la determinación representa el juicio independiente de la ciudad; 2) Aprobar y autorizar al Gerente Municipal, o a su designado, a ejecutar un contrato de construcción con Pro-Ex Construction Inc., por un importe de $231,878; 3) Autorizar al Gerente de la Ciudad, o a su representante, a ejecutar enmiendas o órdenes de cambio hasta el 30% ($69,563,40) del valor de la enmienda del contrato; 4) Autorizar al Gerente Municipal, o a su representante, a realizar cambios o modificaciones no sustantivas en el contrato de construcción, con la aprobación del Abogado de la Ciudad; y 5) Autorizar al Gerente de la Ciudad, o a su representante, a ejecutar enmiendas para extender el plazo del contrato, si es necesario.
6. Proyectos de Capital
CONSIDERACIÓN DE LA APROBACIÓN DE LA ENMIENDA DEL CONTRATO Nº 3 CON CWE PARA LAS MEJORAS DE SEGURIDAD PARA BICICLETAS Y PEATONES DE LA CONEXIÓN REGIONAL WEST CAPITOL AVENUE Y EL PROYECTO DE REDISTRIBUCIÓN DE CARRILES BICI Y CRUCES DE PASO DE CLASE 2 DE PARK BOULEVARD (CIP 14057 Y 14064) Recomendación: El personal recomienda respetuosamente que el Ayuntamiento: 1) Apruebe y autorice al Gerente de la Ciudad, o a su designado, a ejecutar la Enmienda Nº 3 al contrato de servicios de diseño con CWE por un importe de 62.400 dólares para el proyecto de redistribución de carriles bici y cruces de nivel Clase 2 de Park Boulevard (CIP 14057, 14064); 2) Autorizar al Gerente de la Ciudad o a su representante a ejecutar cambios y modificaciones no sustantivas, con la aprobación del Abogado de la Ciudad; y 3) Autorizar al Gerente Municipal o a su representante a prorrogar el plazo del contrato y ajustar la compensación, dentro de los límites del presupuesto aprobado por el Ayuntamiento según sea necesario.
7. Proyectos de Capital
CONSIDERACIÓN DE LA APROBACIÓN DE LA ENMIENDA DEL CONTRATO Nº 6 CON VERDE DESIGN INC. PARA EL PROYECTO DE IMPLEMENTACIÓN DEL PLAN MAESTRO DE BRYTE PARK (BPMP) (CIP 62138)
Recomendación: El personal recomienda respetuosamente que el Ayuntamiento: 1) Apruebe y autorice al Gerente de la Ciudad, o a su designado, a ejecutar la Enmienda Nº 6 al contrato de servicios profesionales con Verde Design Inc. por un importe de 263.675,00 dólares, y mantener el plazo del contrato hasta el 30 de junio de 2029 para el Proyecto de Implementación del Plan Maestro de Bryte Park; 2) Aprobar un aumento de la compensación contractual por un importe de $238,982,26, con el coste restante de la Enmienda Nº 6 financiado por contingencia previamente autorizada; 3) Autorizar al Gerente Municipal, o a su representante, a ejecutar cambios o modificaciones no sustantivas, con la aprobación del Abogado de la Ciudad; y 4) Autorizar al Gerente de la Ciudad, o a su representante, a ejecutar enmiendas para ampliar aún más el plazo del contrato, si es necesario. 9
8. Proyectos de Capital
CONSIDERACIÓN DEL RECHAZO DE TODAS LAS OFERTAS PARA EL PROYECTO DE LA PLAZA EXTERIOR DEL AYUNTAMIENTO (CIP 54015)
Recomendación: El personal recomienda respetuosamente que el Ayuntamiento rechace todas las ofertas para la plaza al aire libre del Ayuntamiento 26-009-ITB (CIP 54015).
9. Proyectos de Capital
CONSIDERACIÓN DE LA RESOLUCIÓN 26-35 QUE APRUEBA CONCLUSIONES DE UN NIVEL URBANO ADECUADO DE PROGRESO EN LA PROTECCIÓN CONTRA INUNDACIONES Recomendación: El personal recomienda respetuosamente que el Ayuntamiento reciba el Informe sobre el Nivel Urbano de Protección contra Inundaciones y adopte la Resolución 26-35, estableciendo conclusiones de Progreso Adecuado para Lograr la Protección contra Inundaciones a 200 años.
10. Parques y Recreación
CONSIDERACIÓN Y ADOPCIÓN DE LA RESOLUCIÓN 26-64 QUE APRUEBA LA FINANCIACIÓN DE CIERTOS EQUIPOS RECREATIVOS DE FITNESS Y DECLARA LA INTENCIÓN DE LA CIUDAD DE REEMBOLSARSE CON LOS INGRESOS DE LA DEUDA POR
CIERTOS GASTOS
Recomendación: El personal recomienda respetuosamente que el Ayuntamiento: (1) Autorice al Director Financiero o al representante a aceptar un contrato propuesto de arrendamiento de equipos y a celebrar un contrato de arrendamiento y compra con U.S. Bancorp para financiar la compra de equipos de fitness para el Centro de Recreación por un importe de 170.000 dólares; y (2) Adopte la Resolución 26-64 aprobando la financiación del equipo de fitness y declarando la intención de la Ciudad de reembolsarse con los ingresos de la deuda de forma segura Gastos.
11. Oficina del Gerente de la Ciudad
CONSIDERACIÓN DE UNA ENMIENDA AL ACUERDO CON EL CONDADO DE YOLO PARA LOS SERVICIOS DE CONTROL ANIMAL PARA EL AÑO FISCAL 2026/27
Recomendación: El personal recomienda respetuosamente que el Ayuntamiento autorice al Gerente Municipal, o su designado, a ejecutar la enmienda del acuerdo de un año y 1.268.866 dólares adjunta con el condado de Yolo para los servicios de control animal para el año fiscal 2026/27 y que tome todas las medidas necesarias para llevar a cabo la prestación de servicios de control animal en West Sacramento, de acuerdo con los términos descritos en este informe.
12. Oficina del Gerente de la Ciudad
CONSIDERACIÓN DE LA RESOLUCIÓN 26-67 QUE MODIFICA LAS FECHAS DE LAS REUNIONES ORDINARIAS DEL AYUNTAMIENTO DE SEPTIEMBRE Y OCTUBRE DE 2026 Recomendación: El personal recomienda respetuosamente que el Ayuntamiento adopte la Resolución 26-67 modificando la fecha y hora de las reuniones ordinarias del Ayuntamiento que comienzan el 1 de septiembre de 2026 al 31 de octubre de 2026.
13. Oficina del Gerente de la Ciudad
CONSIDERACIÓN DE LA APROBACIÓN DE LAS ACTAS DE LA REUNIÓN ORDINARIA DEL 17 DE JUNIO DE 2026 Y DE LA REUNIÓN ESPECIAL DEL AYUNTAMIENTO DE WEST SACRAMENTO, LA AGENCIA SUCESORA DE REURBANIZACIÓN Y LA AUTORIDAD DE FINANCIACIÓN DE WEST SACRAMENTO
Recomendación: El personal recomienda respetuosamente que el Ayuntamiento apruebe las actas de la Reunión Ordinaria del 17 de junio de 2026 y de la Reunión Especial del 7 de julio de 2026 del Ayuntamiento de West Sacramento, la Agencia Sucesora de Reurbanización y la Autoridad de Financiación de West Sacramento.
AUDIENCIAS PÚBLICAS
14. Finanzas
AUDIENCIA PÚBLICA Y CONSIDERACIÓN DE LA RESOLUCIÓN 26-70 QUE CERTIFICA LA INCLUSIÓN DE CARGOS Y SANCIONES POR MOROSIDAD POR SERVICIOS DE AGUA, ALCANTARILLADO Y RESIDUOS EN LA LISTA FISCAL GARANTIZADA, DE LA MISMA 10 MANERA QUE LOS IMPUESTOS GENERALES, Y QUE ORDENA QUE TAMBIÉN SE IMPONGA UN GRAVAMEN SOBRE LAS PROPIEDADES EN CUESTIÓN.
Recomendación: El personal recomienda respetuosamente que el Ayuntamiento: 1) Celebre una audiencia pública; y 2) Cerrar la audiencia pública y adoptar la Resolución 26-70 que certifica la inclusión de cargos y sanciones por morosidad por servicios de agua, alcantarillado y residuos en la lista fiscal garantizada, de la misma manera que los impuestos generales, y ordena que también se coloque un gravamen sobre las propiedades en cuestión.
AGENDA ORDINARIA
NINGUNO
FUNCIÓN DE ADMINISTRACIÓN GENERAL – PARTE II
15. COMUNICACIONES DEL CONCEJO / INFORMES SOBRE ASIGNACIONES A JUNTAS, COMITÉS O COMISIONES REGIONALES
Puede consultar la lista de asignaciones del Concejo en el sitio web de la ciudad:
https://www.westsac/city-council
16. PARTE II
A. Calendario del Consejo
B. Informe del Director Municipal
C. Informe del abogado municipal
D. Dirección del personal de los miembros del Ayuntamiento E. Solicitudes de puntos del Orden del Día por parte del Consejo (i) Solicitar la posibilidad de añadir una proclamación en honor a un estudiante local por un acto heroico a la agenda de una futura reunión del Ayuntamiento. (Orozco) (ii) Solicitud para considerar la inclusión de una proclamación que honra a West Sac 10U y 14U Softball femenino por haber sido invitados a los Nacionales en una futura reunión del Ayuntamiento. (Orozco)
F. Levantamiento de la sesión
Yo, Jennifer Cusmir, Secretaria Municipal, declaro bajo pena de perjurio que la agenda anterior para la August 5, 2026 El aviso de las reuniones ordinarias y a puerta cerrada del Concejo Municipal de West Sacramento, de la Agencia Sucesora de Reurbanización y de la Autoridad de Financiamiento se publicó el 31 de julio de 2026 en la oficina de la Secretaria Municipal, ubicada en 1110 West Capitol Avenue, West Sacramento, CA, y estuvo a disposición del público para su consulta.
_________________________________________
Jennifer Cusmir, Secretaria Municipal
11 CITY COUNCIL AGENDA REPORT
MEETING DATE: August 5, 2026 ITEM # 2
SUBJECT:
CONSIDERATION OF CHANGE ORDER 2 TO THE CONSTRUCTION CONTRACTWITH ACCO ENGINEERED SYSTEMS, INC. FOR THE REPLACEMENT OF THE RECREATION CENTER ACTIVITY POOL HEATERS (CIP 60003)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Timothy Spinelli, Senior Project Manager
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
This objective of this report is to provide the City Council with sufficient information to approve change order 2 to the construction contract with ACCO Engineered Systems, Inc. for the replacement of the two activity pool heaters for the Recreation Center Lap Pool Heater Replacement Project (CIP 60003).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve and authorize the City Manager or his designee, to execute change order 2 to the Construction Contract with ACCO Engineered Systems, Inc. for the replacement of the two activity pool heaters for the Recreation Center Heater Replacement Project in the amount of $129,639.88; 2) Authorize the City Manager, or his designee, to execute contract amendments or change orders up to 20% ($25,927.96) of the contract amendment value;
3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the construction contract, with approval from the City Attorney; and 4) Authorize the City Manager, or his designee, to execute change orders or amendments to extend the term of the contract, if necessary.
BACKGROUND
The West Sacramento Recreation Center offers a competitive lap pool for use by the Washington Unified School District, members, and residents. The pool is heated by two commercial heaters that are currently at the end of their useful life and have failed several times in the last year.
The subsequent repairs to the heaters required the pool to close and disrupted the lap pool services offered by the Recreation Center and for River City High School Athletics. The current commercial heaters will be replaced with new heaters specifically designed for commercial pools and will be maintained under contract by industry professionals. The new heaters are designed with higher efficiency, lowering gas consumption and extending the equipment’s life expectancy to up to 20 years. One change order has been processed for additional pool system pipe repairs within the contract’s budgeted contingency.
ANALYSIS
On February 6, 2026, the City received bids for the Recreation Center Pool Heater Replacement project (25- 111-ITB). Soon after the competitive bidding process was completed, the two heaters that heat the Activity Pool had to be taken offline for extensive repairs. The cost of the repairs was excessive, leading Parks and Recreation management to determine that replacement of the heaters was necessary.
ACCO Engineered Systems supplied a cost estimate of $129,639.88 for the purchase, installation and commissioning of the new heaters. The additional scope for the project will not further delay normal pool operations and will extend the equipment’s life expectancy. The failed heaters were nearing their rated life expectancy and needed replacement in the near future despite the unexpected failures. 12 Recreation Center Pool Heater amendment
August 5, 2026
Environmental Considerations
This project was found to be exempt from review of California Environmental Quality Act (CEQA) at the April 15, 2026, City Council meeting (Consent Agenda Item #7).
Commission Recommendation
Not applicable.
Strategic Plan Integration
The recommended actions support the Core Services & Infrastructure Strategic Principle by providing safe, secure, and well-maintained infrastructure.
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 the project.
Staff recommends that the Council proceed with Alternative 1 to allow the project to move forward and complete the commercial heater replacements. Alternatives 2 and 3 are not recommended as they would delay necessary replacements and impact the planned project schedule.
Coordination and Review
This report was prepared by the Capital Projects Department and has been coordinated with and reviewed by the Parks and Recreation Department.
Budget/Cost Impact
The replacement of the activity pool heaters is funded by Recreation Center Pool Heater Replacements Project which is fully funded by Measure K (Recreation Center) and contribution from WUSD per the Joint Use Agreement.
Table 1: Recreation Center Pool Heater Replacement Project Cost Summary Description Amount
Project Appropriation (FY 2024/2025) $400,000.00
Project Appropriation (FY 2026/2027) $160,000.00
Contract with ACCO Engineered Systems, Inc.
Including Change Order 1 ($319,338.39)
Project Balance $ 240,661.61
Change Order 2 – Activity Pool Heater Replacements
Item Amount
Activity Pool Heaters Replacement Proposal $129,639.88
20% Contingency $25,927.96
Labor Compliance $500.00
PM/City Staff Time (incl. ICAP) $5,200.00
Total Change Order 2 Costs $161,267.84
Updated Project Balance After Change Order 2
Description Amount
Project Balance (Before Change Order 2) $240,661.61
Change Order 2 – Activity Pool Heaters
Replacement $161,267.84
Remaining Project Balance $79,393.77
13 Recreation Center Pool Heater amendment
August 5, 2026
ATTACHMENTS
1. CPC26-050 ACCO Engineered Systems, Inc. Change Order 2
2. Vicinity Map
14
CPC26-050 Request Date: 8/5/2026
P0172392 Change Order # 2
Council Date 8/5/2026 Funding State or Local Federal
$ Change
Vendor:
Project:
Initial contract working days:
Increase of working days:
Submitted by: Contractor Reviewed by: Division Manager/Department Head Hugh Palmer, Acco Engineered Systems, Inc Jamie Teske, Division Manager Date [email protected]
Reviewed by: Project Manager Approved by:
Tim Spinelli, Senior Project Manager Amanda Berlin, Assistant City Manager Date City Budget Approval:
Approved via email
Budget Approval Date
Approved as to form: Attest:
Jeff Mitchell, City Attorney Jennifer Cusmir, City Clerk Date ACCO Engineered Systems, Inc.
CHANGE ORDER
Contract # Cost Center #
Purchase Order # 400-9900-5530 / 400-60003-5886
$129,639.88
CIP 60003 Recreation Center Lap Pool Heater Replacement Description: Two boilers (industrial water heaters) that heat the activity pool at the Recreation Center have encountered operational issues and are due to be replaced. The CIP budget was adjusted to allow for the addition of the two boilers within the scope of this project.
The original contract sum was: $278,500.00
Net change by previous Change Orders: $40,838.39
The contract sum prior to this Change Order was: $319,338.39 The contract sum will be increased by this Change Order: $129,639.88 30 Upon mutual acceptance of this document the City of West Sacramento, hereinafter referred to as "City"' and your firm, hereinafter referred to a "Contractor", in accordance with the terms and conditions of the original contract documents, you are hereby directed to make the following change or changes for the consideration set forth below:
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 Contracts initially approved by Council also require City Attorney and City Clerk Signatures New contract sum including all Change Orders: $448,978.27 0 New contract total working days: 30
CONTRACTOR agrees that the amount of increase or decrease in the contract sum specified in this change order shall constitute full compensation for the work required by this change order, including but not limited to all compensation for the additional and/or revised work specified herein, and shall fully compensate CONTRACTOR for any and all direct and indirect costs that may be incurred by CONTRACTOR in connection with such additional and/or revised work, including any changes, disruptions or delays in work schedules or in the performance of other work by CONTRACTOR.
Except as herein above expressly provided, CONTRACTOR further agrees that the performance of the work specified in this Change Order or the rescheduling of other project work made necessary by this Change Order, shall not constitute a delay which will extend the time limit for completion of the work as said term is used in the Contract between CITY and CONTRACTOR for the project. 15 Extra Work Proposal
Labor and Material Breakdown
70831843 Date : 5/26/2026
West Sac Boilers Extra Work Proposal # : 3
Pricing Breakdown:
Equipment $ 71,450.00
Sheet Metal-Field $ 3,952.50
Piping-Shop $ 3,734.08
Piping-Field $ 12,435.60
Systems Operations $ 2,416.00
Project Support $ 5,760.00
Rentals $ 500.00
General Conditions $ 1,760.00
Sales Tax 9.25% $ 7,116.30
TOTAL COST $ 109,124.48
+ Overhead 10% $ 10,912.45
+ Fee 8% $ 9,602.95
Total Extra Work Proposal Price $ 129,639.88
Time extension required because of labor added by this change is 0.0 workdays This proposal includes straight time field hours, 122 overtime field hours, - - double time field hours, & shift work field hours. -
ACCO is:
Proceeding with this work: Waiting for authorization: X Date: 5/26/2026
Date:
Signature
Submitted by: Lawrence Duong
Project Manager
Approved by:
This price does not include any cutting or patching of drywall, electrical, painting, or other general construction. The cost of this change includes only those direct costs which can be identified at this time. There are no impact or ripple costs and no delay costs included in this proposal. Should it be determined at a later date that we are experiencing impact cost because of multiple changes, delays, or causes beyond our control, we will submit those costs at that time.
Description of work:
The added scope of work includes the removal and replacement of two additional heaters serving the activity pool.
ACCO will perform the following tasks: Submit drawings and permit documents for city review. Safe-off existing gas, electrical, controls, and vent utilities. Remove existing boilers. Relocate existing isolation valves to accommodate new connections. Rig and install new heaters.Tie into existing gas, electrical, controls and vent. Assist with factory startup.
Job # :
Job Name :
ACCO Engineered Systems 1 of 3 5/28/2026
16 EWP #: 3 Extra Work Proposal Breakdown
Job #: 70831843
Job Name: West Sac Boilers Date: 5/26/2026
EQUIPMENT
DESCRIPTION # of Trips HRS (ST) HRS (OT) HRS (DT) HRS (SHIFT) LABOR RATE LABOR $ MATERIAL $ TOTAL $ See attached sheet: Equipment $ 71,450.00 $ 71,450.00
Equipment Totals: 0.0 0.0 0.0 0.0 $ - $ 71,450.00 $ 71,450.00 SHEET METAL - FIELD INSTALL UNITS HRS (ST) HRS (OT) HRS (DT) HRS (SHIFT) LABOR RATE LABOR $ MATERIAL $ TOTAL $ Equipment Installation (See attached breakdown) 16.0 0.0 0.0 0.0 $ 135.00 $ 2,160.00 $ 1,500.00 $ 3,660.00 Clean-up for added work 8% 2.0 0.0 0.0 0.0 $ 135.00 $ 270.00 $ 270.00 Field Consumables 2% $ 22.50 $ 22.50
Sheet Metal Field Totals: 21.0 0.0 0.0 0.0 $ 2,430.00 $ 1,522.50 $ 3,952.50 PIPING - SHOP HRS (ST) HRS (OT) HRS (DT) HRS (SHIFT) LABOR RATE LABOR $ MATERIAL $ TOTAL $ Piping Logistics / Mat'l Delivery # of Trips HRS (ST) HRS (OT) HRS (DT) HRS (SHIFT) LABOR RATE LABOR $ RENTAL $ TOTAL $ Loading 2.0 2.0 $ 126.76 $ 253.52 $ 253.52
Driving 4.0 $ 126.76 $ 507.04 $ 507.04
Unloading 2.0 $ 126.76 $ 253.52 $ 253.52
Rental 16.0 $ 45.00 $ 720.00 $ 720.00
Subcontracted 2.0 @ $1000/trip $ 2,000.00
Piping Shop Totals: 0.0 0.0 0.0 0.0 $ 1,014.08 $ 720.00 $ 3,734.08 PIPING - FIELD INSTALL HRS (ST) HRS (OT) HRS (DT) HRS (SHIFT) LABOR RATE LABOR $ MATERIAL $ TOTAL $ Material Handling 22.0% 8.0 $ 132.65 $ 1,061.20 $ 1,061.20 Additional Scope - demo, rigging and install 24.0 $ 132.65 $ 3,183.60 $ 1,000.00 $ 4,183.60 Added Pipe - HHW 32.0 $ 132.65 $ 4,244.80 $ 1,700.00 $ 5,944.80 Clean-up for added work 5% 4.0 0.0 0.0 0.0 $ 132.65 $ 530.60 $ 530.60 Field Consumables 2% $ 40.50 $ 40.50
Non-Production Field General Foreperson Time 6% 5.0 0.0 0.0 0.0 $ 134.98 $ 674.90 $ 674.90 Piping Field Totals: 85.0 0.0 0.0 0.0 $ 9,695.10 $ 2,740.50 $ 12,435.60 SYSTEMS OPERATIONS HRS (ST) HRS (OT) HRS (DT) HRS (SHIFT) LABOR RATE LABOR $ MATERIAL $ TOTAL $ HVAC Startup Equip (See attached breakdown) 16.0 0.0 0.0 0.0 $ 151.00 $ 2,416.00 $ - $ 2,416.00 Systems Operation Totals: 16.0 0.0 0.0 0.0 $ 2,416.00 $ - $ 2,416.00 PROJECT SUPPORT HRS (ST) HRS (OT) HRS (DT) HRS (SHIFT) LABOR RATE LABOR $ TOTAL $ Design Engineer 48.0 $ 120.00 $ 5,760.00 $ 5,760.00
Project Support Totals: 48.0 0.0 0.0 0.0 $ 5,760.00 $ - $ 5,760.00 Rentals RENTAL QTY TIME QTY TIME UNIT RATE P&D $ RENTAL $ TOTAL $ Scissor Lifts 1 0.0 man days $ 500.00 $ - $ 500.00 $ 500.00 Rental Totals: $ - $ 500.00 $ 500.00
GENERAL CONDITIONS
QTY or
HRS(ST) HRS (OT) HRS (DT) HRS (SHIFT) RATE LABOR $ TOTAL $ Project Engineer 16.0 $ 110.00 $ 1,760.00 $ 1,760.00
General Conditions Totals: 16.0 0.0 0.0 0.0 $ 1,760.00 $ 1,760.00 ACCO Engineered Systems 2 of 3 5/28/2026
17 Equipment
EWP #: 3
Job #: 70831843
Job Name: West Sac Boilers
Date: 5/26/2026
Totals: 2 $71,450.00 16.0 16.0
EQUIPMENT
Equipment Install Labor Hrs SU Labor Hrs
Tag Vendor Description Equip Scope Equip Type Quantity Unit Total ST
Unit
OT
Unit
DT
Unit
Shift
Unit
Subtotal
Units Total
ST
Unit
OT
Unit
DT
Unit
Shift
Unit
Subtotal
Units Total
H-1 & 2 Knorr Activity Pool Heaters HVAC Boilers (Non-Condensing) 2 $35,725.00 $71,450.00 8.0 0.0 8.0 16.0 8.0 8.0 16.0
Totals 2 $71,450.00 16.0 16.0
ACCO Engineered Systems 3 of 3 5/28/2026
18 Vantor, Sources: Esri, TomTom, Garmin,
FAO, NOAA, USGS, (c) OpenStreetMap
contributors, and the GIS User Community
Safflower Pl
Starling Ln
Pheasant
Hollow Park
Perkins Rd
Raider Ln
Raider Ln
Myers Ranch Ln
Jefferson Blvd
Linden Rd
Linden Rd
e W
Jefferson Blvd
Ou
Gra
84 Raider
Ln
Crested St
Stonegate Dr
Apache
St
Colusa Rd
Lassik
St
Rumsey St
Benton St
Wigeon St
Parella Ct
0 0.1
MILES
¯
Project Limits
Prepared on
3/20/2026 by
manuelr
Parks & Recreation
Department
City of West
Sacramento
Attachment 2
RECREATION CENTER
LAP POOL HEATER REPLACEMENT
19 CITY COUNCIL AGENDA REPORT
MEETING DATE: August 5, 2026 ITEM # 3
SUBJECT:
CONSIDERATION OF AWARD OF CONTRACT TO DON LAWLEY COMPANY, INC. FOR THE BUILDING AND SITE DEMOLITION FOR 817 WEST CAPITOL AVENUE PROJECT (CIP 15059)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Timothy Spinelli, Senior Project Manager
Capital Projects Department
Mark Polhemus, Community investment Manager
Economic Development & Housing Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve a contract award to Don Lawley Company, Inc. for the Building and Site Demolition for 817 West Capitol Avenue project (CIP 15059).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the Building and Site Demolition for 817 West Capitol Avenue project is exempt from the California Environmental Quality Act (CEQA) review pursuant to §15183 (Projects Consistent with a Community Plan or Zoning) of the CEQA Guidelines; and
2) Award a construction contract to Don Lawley Company, Inc. for the Building and Site Demolition for 817 West Capitol Avenue project; and
3) Authorize the City Manager, or his designee, to execute a contract with Don Lawley Company, Inc. in the amount of $159,900;
4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications, including time extensions, to the contract with Don Lawley Company, Inc. with the approval of the City Attorney; and
5) Authorize the City Manager, or his designee, to execute contract amendments up to 75% ($120,000) of the contract value.
BACKGROUND
The City acquired the former Rodeway Inn motel located at 817 West Capitol Avenue (“Property”) in December 2020 using a combination of State Homekey Program, County of Yolo, Community Development Block Grant Program, and local funds. Under the Homekey Program guidelines and agreements executed with the California Housing and Community Development Department (“HCD”), the City was required to operate the Property as emergency housing for unhoused residents for a five-year term and could transition those program participants to other locations for an additional five-year period under a restricted use agreement.
The City acquired the approximately 1.8-acre Property with the intention of using the site as noncongregate emergency homeless housing under the City’s Homeless Emergency Housing Program (“Program”) for up to five years, and upon securing replacement properties, transition Program participants to those locations.
Acquiring the Property expanded the City’s Grand Gateway Development opportunity to approximately 8.5 acres, creating a significant redevelopment opportunity.
In 2023, the City declared the Grand Gateway Development area, including the Property, as exempt surplus land under the California Surplus Land Act, then released a Request for Proposals to acquire and develop the area subject to terms that would result in a mixed-use development with a minimum of 300 residential units, with at least 25-percent affordable to lower-income households.
In June 2024, the City entered into an Exclusive Negotiating Agreement (“ENA”) with a development team for a project comprising approximately 455 residential units, ground-floor retail space, a hotel, public plaza, shareduse parking structure, and a potential park. Included in the proposal is a 114-unit affordable housing development on the Property. To streamline the Grand Gateway Development, the City adopted the Grand Gateway Zoning District and related actions in February 2025 to establish objective development standards and streamline the environmental review process, including demolition of existing structures on the Property. 20 Building and Site Demolition for 817 West Capitol Avenue August 5, 2026
In September 2024, the City acquired the former Pick Wick and El Tejon motels located at 1809 and 1821 West Capitol Avenue, respectively. These motels were acquired for the purpose of further expanding the City’s Program, and to accommodate the room replacements for the Property upon the completion of the five-year obligation specified in the HCD restrictive use agreement. After completing improvements to the former Pick Wick and El Tejon motels, the City executed a restrictive use agreement with HCD in November 2025 to confirm the sites as Property replacement for the City’s Program. Over the past several months, the City has been transitioning Program participants to the replacement sites and plans to fully vacate the Property by August 2026.
Between December 2025 and present day, the City and Grand Gateway Development team have accomplished additional key milestones to advance project implementation, particularly Property redevelopment. The City and Grand Gateway affordable housing developers were awarded over $43 million through the State’s Affordable Housing and Sustainable Communities (“AHSC”) grant program, which includes an affordable housing loan of $28.3 million for the 114-unit affordable housing development located on the Property. In May 2026, the City and Grand Gateway affordable housing developers executed an Option Agreement for the developers to acquire and develop the Property subject to securing final financing commitments. Additionally, the Option Agreement specifies the City will complete demolition of the former Rodeway Inn motel structures and site improvements.
The contract considered in this item would address the City’s responsibility of preparing the Property for future affordable housing development for the Grand Gateway Development.
ANALYSIS
The Capital Projects Department conducted a competitive bidding process to select a contractor for the demolition of the building and site of the former motel. The project was posted for competitive bid (26-047-ITB Building and Site Demolition for 817 West Capitol Avenue project) on May 21, 2026, and advertised in the local newspaper. The bid package was also posted on the City’s website and through OpenGov.com.
At the close of the bid period, City staff received nine bids, which were opened on June 18, 2026. The bid results were as follows:
After examining the contractors’ licenses, work experience, qualifications, and the proposals submitted in each of the bid packages, City staff determined that Don Lawley Company, Inc. is the lowest-cost, responsive, and responsible bidder, with a total bid of $159,900. On this basis, City staff recommends awarding the construction contract to Don Lawley Company, Inc.
Environmental Considerations
This project is exempt from CEQA review pursuant to §15183 (Projects Consistent with a Community Plan or Zoning) which allows for a streamlined environmental review process for projects that are consistent with the existing zoning, community plan, or general plan policies for which an EIR was certified. The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. There are no project specific effects which are peculiar to the project or its site. There are no project specific impacts which the General Plan 2035 Environmental Impact Report (“EIR”) failed to analyze as significant effects. There are no potentially significant off-site and/or cumulative impacts which the General Plan EIR failed to evaluate. There is no substantial new information which results in more severe impacts than anticipated by the General Plan EIR.
Commission Recommendation
Not applicable.
Contractor Bid Amount
1 Don Lawley Company, Inc. $159,900
2 Sierra Excavating LLC $261,142
3 Resource Environmental, Inc. $277,000
4 Precision Environmental $285,000
5 Power One LLC $314,700
6 CVE Demolition $442,450
7 Full Circle Demolition $510,017
8 Swinerton Builders $622,887
9 Precizion Partners - WC Maloney LLC $658,883
21 Building and Site Demolition for 817 West Capitol Avenue August 5, 2026
Strategic Plan Integration
The demolition of the building and site located at 817 West Capitol Avenue is included in the 2026 City Council Strategic Plan Management Agenda for Grand Gateway Development and is consistent with the current Development Concept within the Grand Gateway Zoning District.
Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as described above in this report; or 2) Alter the recommended actions; or
3) Delay the recommended actions or cancel the project.
Staff recommends the Council proceed with Alternative 1 as described in this report to meet future development goals.
Coordination and Review
This report was prepared by the Capital Projects Department and has been coordinated with and reviewed by the Economic Development and Housing Department, the Community Development Department, and the Finance Department.
Budget/Cost Impact
The Building and Site Demolition for 817 West Capitol Avenue project (CIP 15059) is included in the City’s Capital Improvement Program (CIP). Sufficient funding is available within the approved project budget for this action, and no additional funds are being requested at this time. Funding for the project is provided through the One-Time General Fund (Fund 107), as approved by the City Council. The 75% contingency was included to mitigate the risk of unforeseen conditions underground at the site. The contingency may also be used for the removal of abandoned sewer and storm mains that run under the lot.
ATTACHMENTS
1. Notice of Exemption (NOE)
2. Vicinity Map
3. CPC26-255 Construction Contract – Don Lawley Company, Inc. 22 Statutory Exemptions. State code number:
_______________________________________________
Notice of Exemption Attachment 1
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
23 Revised 2011
24 Don Lawley Company, Inc.
CPC26-255 - Building and Site Demolition for 817 West Capitol Avenue 60 Working Days
Updated 120424
CONSTRUCTION CONTRACT
THIS CONTRACT made on August 5, 2026, by and between the CITY OF WEST SACRAMENTO (“City”), and Don Lawley Company, 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 Building and Site Demolition for 817 West Capitol Avenue “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: Tim Spinelli
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 hundred fifty-nine thousand and nine hundred dollars ($159,900) 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 60 calendar days, as defined in the General Conditions, after the date stated in the Notice to Proceed.
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5. NOTICE AND SERVICE THEREOF:
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the City, by personal delivery thereof to the Director of 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 Don Lawley Company, Inc.
Attention Steve Hay
Street Address 12442 Victory Ave
City, State, Zip Code Oakdale, CA 95361
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
6. LIQUIDATED DAMAGES:
Liquidated damages as provided for in the General Conditions of the Contract shall be in the sum of One Thousand Dollars ($1000.00) for each and every day as defined therein for each different scope of work as defined by the Base Bid and each change order except as otherwise specified in the Supplemental Conditions.
7. PREVAILING WAGE:
Copies of the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations in accordance with Labor Code section 1773.2 are on file at the City, and copies are available for inspection at that office to any interested party on request.
Bidders shall be responsible for verifying with the Director of the Department of Industrial Relations that all such copies of the prevailing rate provided by the City are current and accurate. The requirement to pay the wage rate so specified is further detailed in the General Conditions.
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8. CONTRACTOR REGISTRATION
By the execution of this Contract, Contractor hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (Contractor registration).
IN WITNESS WHEREOF, four (4) identical counterparts of this Contract, each of which shall for all purposes be deemed an original, have been duly executed by the above-named parties, on the date noted on the first page of this Contract.
ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. By electronically signing this document in electronic form, Parties agree that this Agreement may be transmitted and signed electronically by all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California law and regulations, including but not limited to Civil Code Section 1633.7
Date Don Lawley Company, Inc.
Date Amanda Berlin, Assistant City Manager
City of West Sacramento
Approved as to form:
Jeffrey Mitchell, City Attorney
Attest:
Jennifer Cusmir, City Clerk
27 Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization, project setup, temp
facilities, site security 1 LS $3,000.00 $3,000.00
2 Permits & regulatory 1 LS $500.00 $500.00
3 YSAQMD notification &
compliance admin 1 LS $2,000.00 $2,000.00
4 Hazardous materials abatement 1 LS $25,000.00 $25,000.00 5 Wet demolition of all motel
structures 1 LS $34,400.00 $34,400.00
6 Foundation/slab/footings 1 LS $40,000.00 $40,000.00
7 Electrical system removal
(complete) 1 LS $1,000.00 $1,000.00
8 Plumbing system removal
(complete) 1 LS $1,000.00 $1,000.00
9 Sewer system complete removal 1 LS $1,000.00 $1,000.00 10 Site improvements removal 1 LS $1,000.00 $1,000.00
11 Interior contents removal 1 LS $1,000.00 $1,000.00
12 C&D debris sorting, recycling &
disposal 1 LS $36,000.00 $36,000.00
13 Stormwater & erosion control
BMPs 1 LS $3,000.00 $3,000.00
14 Dust control / water trucks 1 LS $1,000.00 $1,000.00 15 Traffic control & pedestrian 1 LS $1,000.00 $1,000.00 16 Backfill, grading & compaction 1 LS $5,000.00 $5,000.00 17 Compaction testing & soils lab 1 LS $3,000.00 $3,000.00 18 Final cleanup & demobilization 1 LS $1,000.00 $1,000.00 Total $159,900.00
28 Line Item Description Unit of Measure Unit Cost
1 Buried concrete/CMU (unforeseen) CY $100.00
2 Buried utility removal (unknowns) LF $50.00
3 Universal waste handling EA $100.00
29 30
31 32
33 City of West Sacramento
Finance
Roberta Raper, Director
1110 W Capitol Ave, West Sacramento, CA 95691
ADDENDA REPORT
Invitation to Bid - Building and Site Demolition for 817 West Capitol Avenue
ADDENDA REPORT
ITB No. 26-047-ITB
Building and Site Demolition for 817 West Capitol Avenue RESPONSE DEADLINE: June 18, 2026 at 2:00 pm
Monday, July 13, 2026
Addenda Issued:
Addendum #1
Jun 11, 2026 4:13 PM
A parcel map and a site plan from 2014 have been included as a reference for establishing the boundaries of the scope of this project. The written Scope of Services defined in the Invitation to Bid includes, but is not limited to, the demolition, utility removal, clearing, and grubbing of the entire site, up to the property lines of the parcel. The redwood trees that line the South and West property lines are NOT to be removed.
Attachments:
· Site Plan 2014
· 817 West Capitol Ave Parcel map
Addenda Acknowledgements:
Addendum #1
Proposal Confirmed Confirmed At Confirmed By
Don Lawley Company, Inc X Jun 17, 2026 7:08 PM Steve Hay Precizion Partners-WC Maloney LLC X Jun 17, 2026 8:56 AM Cesar Aguilar Power One LLC X Jun 18, 2026 10:21 AM Kris Huff
Sierra Excavating LLC X Jun 18, 2026 7:38 AM Juan Sanchez Full Circle Demolition X Jun 18, 2026 1:01 PM Artemio Arguello Escoto CVE Demolition X Jun 18, 2026 9:04 AM Brianna Dobbs
Precision Environmental X Jun 15, 2026 2:16 PM Jessica Salazar Resource Environmental, Inc. X Jun 18, 2026 8:23 AM Chase Tinsley Swinerton Builders X Jun 18, 2026 1:13 PM Nicholas Ruester 34 35
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CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION TO: Jaipal Chahal, 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.
Don Lawley Company, Inc.
By
Steve Hay, President
12442 Victory Avenue
Oakdale, CA 95361
(Business Address)
(Place of Residence)
36 37
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1795423.1 7203-038
Building and Site Demolition for 817 West Capitol Avenue – CIP 15059 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
IEEE The Institute of Electrical and Electronics Engineers 39 Don Lawley Company, Inc.
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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.
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. 40 Don Lawley Company, Inc.
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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.
County - County of Yolo, California.
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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.
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. 42 Don Lawley Company, Inc.
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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 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 44 Don Lawley Company, Inc.
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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 45 Don Lawley Company, Inc.
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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 such equipment. The rental rate paid in accord with said publication shall be deemed to include 48 Don Lawley Company, Inc.
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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.
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 49 Don Lawley Company, Inc.
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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 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.
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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:
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)
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(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 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. 52 Don Lawley Company, Inc.
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(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.
(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 53 Don Lawley Company, Inc.
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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. (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, 55 Don Lawley Company, Inc.
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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 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 56 Don Lawley Company, Inc.
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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 contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, Contractor shall bear all costs arising therefrom. 57 Don Lawley Company, Inc.
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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.
3.08. COOPERATION OF CONTRACTORS
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(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 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, 59 Don Lawley Company, Inc.
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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. (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, 60 Don Lawley Company, Inc.
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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
(a) Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the Project.
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(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
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. 62 Don Lawley Company, Inc.
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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.
(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.
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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 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 64 Don Lawley Company, Inc.
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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. 67 Don Lawley Company, Inc.
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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.
(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 those provisions; provided that subject to Labor Code section 1815, a worker may perform work 71 Don Lawley Company, Inc.
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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 Notification Center includes but is not limited to the Underground Service Alert-Northern California (USA) at 1-800-642-2444.
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(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
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. 73 Don Lawley Company, Inc.
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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. (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 74 Don Lawley Company, Inc.
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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 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.
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(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.
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.
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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.
(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 77 Don Lawley Company, Inc.
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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:
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, 78 Don Lawley Company, Inc.
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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. (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. 79 Don Lawley Company, Inc.
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(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 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 80 Don Lawley Company, Inc.
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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 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 81 Don Lawley Company, Inc.
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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. (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.
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(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 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. 83 Don Lawley Company, Inc.
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(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 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. 85 Don Lawley Company, Inc.
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(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 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 86 Don Lawley Company, Inc.
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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 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 87 Don Lawley Company, Inc.
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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.
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:
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(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.
(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. 89 Don Lawley Company, Inc.
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(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
(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:
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(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 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 91 Don Lawley Company, Inc.
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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 93 Don Lawley Company, Inc.
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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. (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 94 Don Lawley Company, Inc.
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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 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.
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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 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.
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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. 97 Don Lawley Company, Inc.
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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.
Scope of Services
The City of West Sacramento, CA is seeking bids for the total demolition of one former motel property located at 817 West Capitol Avenue in West Sacramento. This project aims to safely and efficiently demolish the existing multi-room motel structure, associated site features, utilities, and additions to prepare the site for a future affordable housing development. All work must be completed within sixty (60) calendar days from receipt of a purchase order from the City.
Before commencing demolition, the contractor must obtain a building permit from the Building Division on the 2nd floor of West Sacramento City Hall, 1110 West Capitol Avenue, West Sacramento, CA. See Attachment - City of West Sacramento Building Demolition Requirements for detailed requirements.
The contractor must utilize wet demolition techniques during all demolition work at the site to eliminate visible emissions. All debris loads leaving the premises must be covered with a tarpaulin or sprayed with water to minimize dust loss during transportation.
Work hours will be Monday through Friday, 7:00 a.m. to 7:00 p.m. The contractor must suspend all work during any service of internment occurring nearby until such service is complete.
Detailed Specifications Environmental Compliance Requirements • A full asbestos survey will be conducted by the City prior to demolition, covering all suspect materials in accordance with California regulations, EPA NESHAP, and YSAQMD Rule 9.9.
• Required asbestos notifications must be submitted to the YSAQMD before any demolition or disturbance begins.
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• All hazardous materials—including asbestos, lead-based paint, mold, refrigerants, and universal waste—must be properly identified, removed, handled, and disposed of by qualified personnel.
• Wet methods must be used at all times during demolition to prevent visible dust emissions, consistent with YSAQMD fugitive dust rules.
• All debris loads leaving the site must be covered or wetted to prevent particulate emissions during transport.
• Contractor must implement stormwater and erosion control BMPs consistent with Yolo County and State requirements, including sediment and runoff controls. • Contractor must comply with CALGreen and Yolo County C&D Waste Ordinances requiring at least 65% diversion of recyclable debris.
• A Waste Management Plan (WMP) must be prepared, implemented, and documented with disposal and recycling receipts.
• All diesel-powered or portable construction equipment requiring registration must be permitted or registered under YSAQMD and California PERP rules. • Contractor shall maintain an environmental compliance binder with all survey results, notifications, abatement records, disposal receipts, stormwater logs, and equipment permits for City review.
The selected contractor will be responsible for the following:
• Conduct a full inspection and prepare a demolition plan including timeline, sequence of work, safety plan, hazardous materials plan, traffic control plan, dust control plan, and utility coordination plan.
• Obtain all necessary permits, licenses, and approvals. All costs, delays, and coordination related to permitting and utility providers shall be included in the contractor’s lump-sum bid.
• Safely demolish all motel structures including rooms, wings, stair towers, balconies, canopies, walkways, porte-cochères, mechanical rooms, laundry structures, storage rooms, carports, roof systems, and all structural and non-structural components. • Remove all interior items typical of motel use, including furniture, mattresses, appliances, fixtures, carpeting, refrigerators, microwaves, water heaters, and abandoned personal property.
• Remove all electrical systems including meter banks, panels, feeders, branch circuits, conduits (above and below ground), site lighting, pole foundations, and abandoned wiring.
• Remove all plumbing systems including in-wall, above-slab, and in-slab piping, venting, sanitary laterals, domestic water lines, water heaters, mechanical piping, abandoned lines, and associated fixtures.
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• Remove the entire sewer system including all laterals from each room, main private lines, septic tanks if present, leach fields, cleanouts, vaults, and any other wastewaterrelated structures. • Remove all site improvements including asphalt parking lots, concrete pads, concrete walkways, curbs, planter walls, dumpster enclosures, fencing, gates, signage, lighting, irrigation, abandoned conduits, and underground utilities. Demolition does not include sidewalks between the property line and the curb.
• All hazardous material abatement including asbestos, lead-painted materials, mold, refrigerants, and regulated materials shall be included in the lump-sum price. • All demolition debris must be sorted, recycled where feasible, and disposed of at approved facilities in accordance with Chapter 8.08.070 of the West Sacramento Municipal Code. A construction and demolition debris recycling plan must be included with the building permit application. All disposal fees, overweight charges, and special handling costs are included in the bid.
• Ensure public and worker safety including dust, noise, and vibration control, installation of signs, barriers, fencing, and silt protection.
• Remove all abandoned utilities, irrigation systems, gas stubs, electrical feeds, junction boxes, and miscellaneous buried materials encountered during demolition. • After demolition and utility removal, the site must be graded to a clean, level, drainable condition. Contractor shall furnish, place, and compact fill to achieve 90% relative compaction (ASTM D1557).
Service Requirements
• Contractor must hold a valid CSLB C-21 license for demolition and provide proof of insurance and certifications with proposal.
• All safety compliance costs, equipment, and training are included in the lump-sum price.
Delivery Requirements
• All work must be completed within sixty (60) calendar days. • Contractor must coordinate fully with the City’s Project Manager and all regulatory agencies.
• Contractor must provide disposal receipts, recycling reports, clearance reports, and final inspection documentation.
Job Safety
• Contractor is responsible for full compliance with all federal, state, and local safety laws without additional compensation.
• Contractor shall determine appropriate safety methods and ensure proper implementation.
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• Safety of the Public
• No roadway may be closed without City approval.
• A safe passageway for public traffic must be maintained at all times. • Driveways must remain accessible for emergency use.
• All required traffic control devices and measures must be provided by the contractor. 103
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 5, 2026 ITEM # 4
SUBJECT:
CONSIDERATION AND ADOPTION OF RESOLUTION 26-63 APPROVING THE CITY OF WEST SACRAMENTO’S TITLE VI PLAN
INITIATED OR REQUESTED BY: REPORT PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Peter Ibrahim, Capital Improvement Manager
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this report is to provide background on the Title VI program and request approval of the City of West Sacramento’s proposed Title VI and Limited English Proficiency Plan.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 26-63 approving the City of West Sacramento’s Title VI and Limited English Proficiency Plan.
BACKGROUND
Title VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color, and national origin in programs and activities receiving federal financial assistance. The Federal Transit Administration (FTA) works to ensure nondiscriminatory transportation in support of its mission to enhance the social and economic quality of life for all Americans. The FTA Office of Civil Rights is responsible for monitoring FTA recipients’ Title VI programs and ensuring their compliance with Title VI requirements.
It is within the City’s mission to ensure that its services are accessible to all residents. In accordance with the provisions of Title VI, the U.S. Department of Transportation requires the adoption of a Title VI Program pursuant to FTA Circular (FTA C) 4702.1B1 dated October 1, 2012, in order for a grant recipient to maintain its eligibility to file an application for assistance under 49 U.S.C. Chapter 53. Adoption of Resolution 26-63 approving the City of West Sacramento’s Title VI Plan is required to maintain federal funding eligibility.
The purpose of the City’s Title VI plan is as follows:
1. Ensure that the level and quality of public transportation service is provided in a nondiscriminatory manner;
2. Promote the full and fair participation in public transportation decision-making without regard to race, color, or national origin; and
3. Ensure the meaningful access to transit-related programs and activities by persons with limited English proficiency.
ANALYSIS
The FTA, as a condition of its grants, requires that recipients have a Title VI Plan adopted by its governing body every three years; the last plan was adopted by the City Council on July 19, 2023. This plan will be evaluated and re-adopted in 2029. In order to maintain funding eligibility, the City must submit a resolution of the City Council adopting its Title VI Plan every three years, and any lapse in the plan may result in a delay in accessing awarded federal funds. In past years, the City of West Sacramento has maintained Title VI status as a subrecipient of federal funds and has been allowed to use the primary federal funding recipient’s Title VI program.
As the City moves forward with applying for various federally funded grant programs, it is imperative that West Sacramento has its own adopted Title VI Plan.
Environmental Considerations
N/A
1 https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/title-vi-requirements-and-guidelines-federal-transit 104 Title VI Program
August 5, 2026
Commission Recommendations
N/A
Strategic Plan Integration
N/A
Alternatives
The City Council’s primary alternatives are summarized below:
1. Adopt Resolution 26-63 approving the City of West Sacramento’s Title VI Plan;
2. Direct staff to make modifications to the Title VI Plan prior to adoption; or
3. Decline to approve the Title VI Plan and forfeit access to federal funding.
Alternative 1 is staff’s recommendation. Staff is prepared to effectuate Alternative 2 at the Council’s direction.
Staff does not recommend Alternative 3, because that would forfeit the City’s future access to transit-related federal funds.
Coordination and Review
This report was prepared by the Capital Projects Department in coordination with the City Attorney’s Office.
Budget/Cost Impact
There is no direct budgetary impact associated with adoption of the Title VI and Limited English Proficiency Plan.
The plan is a federal compliance requirement and does not, by itself, authorize new expenditures or require additional appropriations. Adoption of the plan maintains the City's eligibility to apply for and receive Federal Transit Administration and other applicable federal transportation grant funding. Failure to adopt the plan could result in the loss of eligibility for future federal transit-related funding opportunities.
ATTACHMENTS
1) Resolution 26-63
2) Title VI Plan
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RESOLUTION 26-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
ADOPTING A TITLE VI PLAN TO PROHIBIT DISCRIMINATION IN PROGRAMS, SERVICES,
AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
WHEREAS, Congress enacted the Civil Rights Act of 1964, which included a section labeled Title VI that prohibits discrimination in any activity that is financed by federal funds or receives federal financial assistance; and
WHEREAS, since the adoption of Title VI, additional federal regulations and court decisions have further refined the definition of "federal financial assistance" and what entities are affected and controlled by Title VI; and
WHEREAS, the City of West Sacramento has no formal policy in place for defining and preventing discrimination in the activities and for the entities that Title VI affects; and WHEREAS, the interpretation and application of Title VI are not intuitive or readily understood, requiring an understanding of what "federal financial assistance" might be in any particular situation and what persons or entities must comply with Title VI; and WHEREAS, a policy and procedure for reporting violations will provide guidelines for the City, City Departments, and private persons and companies doing business with the City and receiving federal financial assistance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. That the attached "Title VI and Limited English Proficiency Plan" is hereby adopted as the official policy of the City of West Sacramento for applying, reporting, and enforcing Title VI of the Civil Rights Act of 1964; and
2. That the City Manager shall have authority to amend this policy as necessary to comply with Title VI of the Civil Rights Act of 1964.
PASSED AND ADOPTED by the West Sacramento City Council this 5th day of August 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
Attachment 1
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City of West Sacramento
Title VI and
Limited English Proficiency (LEP) Plan
Adopted by Resolution 26-63 by the City Council on 8/5/2026 107
2- West Sacramento Title VI and LEP Program
Contents
Introduction ...............................................................................................................................................3 Additional Authorities in Summary..........................................................................................................4 Definitions ..................................................................................................................................................6 Title VI Staffing and Organization for Implementation ............................................................................7 Title VI information Dissemination...........................................................................................................9 Subcontracts and Vendors .......................................................................................................................9 Title VI Plan: Areas of Practice Policy and Public Notice ......................................................................9 Public Dissemination of Information .....................................................................................................10 Title VI Assurances in Contracts and Grants........................................................................................10 Data collection .........................................................................................................................................10 Site and Facility Location........................................................................................................................10 Environmental Justice in Minority and Low-Income Populations.......................................................10 Title VI Program Review and Report......................................................................................................11 Prevention ................................................................................................................................................11 Title VI Complaint Procedures................................................................................................................13 APPENDIX A: RESOLUTION TO ADOPT A TITLE VI POLICY..............................................................15 APPENDIX B: TITLE VI NON-DISCRIMINATION POLICY......................................................................16 APPENDIX C: NON-DISCRIMINATION NOTICE AND ACCESSIBILITY RIGHTS .................................17 APPENDIX D: EQUAL EMPLOYEMENT OPPORTUNITY STATEMENT ...............................................22 APPENDIX E: DISCRIMINATION COMPLAINT FORM IN ENGLISH AND SPANISH............................23 Limited English Proficiency (LEP) Plan Outline ...................................................................................35 U.S. Census Bureau Language Identification Flashcard.....................................................................40 108
3- West Sacramento Title VI and LEP Program
Introduction
The City of West Sacramento (hereinafter referred to as the City) has adopted this Title VI Plan to ensure that the City is in compliance with the provisions of Title VI of the Civil Rights Act of 1964. This program was developed to guide the City in its administration and management of Title VI-related activities.
Title VI prohibits discrimination on the basis of race, color or national origin in programs or activities receiving federal financial assistance. Presidential Executive Order 12898 addresses environmental justice in minority and low-income populations. Presidential Executive Order 13166 addresses services to those individuals with limited English proficiency. Discrimination on the basis of gender, age, and disability is prohibited under related statutes. These Presidential Executive Orders and the related statutes fall under the umbrella of Title VI.
Federal-aid recipients, subrecipients and contractors are required to prevent discrimination and ensure nondiscrimination in all of their programs, activities, and services whether these programs, activities and services are federally funded or not. The City of West Sacramento Title VI Coordinator(s) are responsible for providing leadership, direction, and policy to ensure compliance with Title VI and environmental justice principles.
Title VI is a mechanism that directs the federal financial assistance, which drives or promotes economic development. By legislative mandate, Title VI examines the following public policy issues:
• Accessibility for all persons
• Accountability in public funds expenditures
• Disparate impact
• Economic empowerment
• Environmental justice
• Infrastructure development
• Minority participation in decision making
• Program service delivery
• Public and private partnerships built in part
or whole with public funds
• Site and location of facilities
Title VI was enacted to ensure equal distribution of federal funds regardless of race, color, or national origin. Because of this, Title VI:
• Encourages the participation of minorities as members of planning or advisory bodies for programs receiving federal funds.
• Prohibits discriminatory activity in a facility built in whole or part with federal funds. • Prohibits entities from denying an individual any service, financial aid, or other benefit because of race, color, or national origin.
• Prohibits entities from providing a different service or benefit or providing these in a different manner from those provided to others under the program. • Prohibits entities from requiring different standards or conditions as prerequisites for serving individuals.
• Prohibits locating facilities in any way that would limit or impede access to a federally funded service or benefit.
• Prohibits segregation or separate treatment in any manner related to receiving program services or benefits.
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4- West Sacramento Title VI and LEP Program
• Requires assurance of nondiscrimination in purchasing of services. • Requires entities to notify the respective population about applicable programs. • Requires information and services to be provided in languages other than English when significant numbers of beneficiaries are of limited English-speaking ability.
Title II of the Americans with Disabilities Act (ADA) protects qualified individuals with disabilities.
It requires accessibility to protected individuals to all programs and services offered by the City of West Sacramento. Title II applies to State and local government entities, and, in subtitle A, protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. Title II extends the prohibition on discrimination established by section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, to all activities of State and local governments regardless of whether these entities receive Federal financial assistance.
Additional Authorities in Summary
The City of West Sacramento establishes this Title VI Plan pursuant to applicable federal and state civil rights laws and implementing regulations.
Title VI of the Civil Rights Act of 1964 [Pub. L. 88-352 (1964), codified as 42 U.S.C. §§2000d through 2000d-4]:
Title VI of the Civil Rights Act of 1964 prohibits the discrimination in, or the denial of benefits under, any program or activity receiving federal financial assistance on grounds of race, color or national origin.
The Civil Rights Restoration Act of 1987, [Pub. L. 100-259, Sec. 6 (1988), codified as 42 U.S.C. §2OOOd-4a] :
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of the terms "programs or activities" to include all programs or activities of federal aid recipients, subrecipients, and contractors, whether such programs and activities are federally assisted or not.
Federal Aid Highway Act of 1973, [Pub. L. 93-87 (1973), codified as 23 U.S.C. §324]:
The Federal Aid Highway Act of 1973 provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.
Age Discrimination Act of 1975, [Pub. L. 94-135 (1975), codified as 42 U.S.C. §6102):
The Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. 110
5- West Sacramento Title VI and LEP Program
Americans with Disabilities Act of 1990, Subchapter 2, Part A [Pub. L. 101-336 (1990); codified as 42 U.S.C. §§12131-12134]:
The Americans with Disabilities Act of 1990 provides that no qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a state or a local government.
Section 504 of the Rehabilitation Act of 1973 [Pub. L. 93-112 (1973), codified as 29 U.S.C. §794]:
Section 504 of the Rehabilitation Act of 1973 provides that no qualified handicapped person, shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. 23 CFR Part 200:
23 CFR 200 are administration regulations promulgated by the Federal Highway Authority that specify the Title VI implementation requirements for state departments of transportation at state and local levels.
28 CFR Part 35:
Establishes the implementing regulations for Title II of the Americans with Disabilities Act, requiring state and local governments to ensure that individuals with disabilities have equal access to programs, services, and activities.
49 CFR Part 21:
49 CFR 21 are administration regulations promulgated by the US Department of Transportation that specify the Title VI implementation requirements for state departments of transportation at state and local levels.
Executive Order No. 12898:
Executive Order 12898 regards federal actions to address Environmental Justice in minority populations and low-income populations. (Environmental justice seeks equal protection from environmental and public health hazards for all people regardless of race, income, culture and social class. Additionally, environmental justice means that no group of people including racial, ethnic or socioeconomic groups should bear a disproportionate share of the negative environmental consequences resulting from industrial, land-use planning and zoning, municipal and commercial operations or the execution of federal, state, local and municipal program and policies).
Executive Order No. 13166:
Executive Order 13166 regards the improvement of access to services for persons with Limited English Proficiency.
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Definitions
As used in this Title VI Plan, the following mean:
Affected Parties: persons protected against discrimination because of race, color, national origin, sex, age, disability, or income by the Title VI Requirements, and the City of West Sacramento’s Non- Discrimination Policy.
American Community Survey: The American Community Survey is an ongoing survey conducted by the United States Census Bureau. This ACS provides vital information on an annual basis about our nation and its people. Local communities depend on information from the American Community Survey, as well as the 2020 Census, to decide where schools, highways, hospitals, and other important services are needed. The data collected through the American Community Survey (ACS) and the 2020 Census help determine how to distribute more than $675 billion of federal spending each year.
Contractor: a person or entity who has entered into an agreement with the City that is subject to the Title VI Requirements.
Limited English Proficiency (LEP): Limited English Proficiency (LEP) refers to individuals who cannot speak, read, write, or understand the English language at a level that permits them to interact effectively.
Locating and siting actions: a recommendation by City staff or decision by the City staff or the City Council that will result in the construction of a public facility that could have adverse environmental impacts on the surrounding area.
Meaningful access: the provision of communicative assistance by the City necessary to allow affected persons to participate in governmental services/activities.
Proposed Project: a project that receives federal funds and is subject to the Title VI Requirements.
Subrecipient: a person or entity that receives federal funds from the City to be used by the entity to further the objectives of the federal grant. The City is the recipient of the grant, and the person or entity is a subrecipient of those grant funds. An example of a subrecipient relationship would be where the City grants federal funds to a non-profit corporation that the corporation uses to provide assistance for low-income households to pay utility bills.
Title VI Assurances: conditions imposed upon contractors or subrecipients as a result of federal funding being directly or indirectly provided to the contractor or subrecipient.
Title VI Requirements: the nondiscrimination provisions contained in Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, the Federal Aid Highway Act of 1973, Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Executive Order 12898 and Executive Order 13166. 112
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Appendices
City Council Resolution, Appendix A
The City includes in this plan, the Resolution adopting a Title VI Policy to prohibit discrimination in programs and services and in activities receiving federal financial assistance.
Non-discrimination Policy, Appendix B
The City includes in this plan, the adoption of a non-discrimination policy. This policy is referenced in Appendix B and is therefore adopted by the City as part of the Title VI Plan.
Non-discrimination Notice, Appendix C
The City uses the general non-discrimination policy to reflect the adopted policy and to support all activities and services provided by the City of West Sacramento.
Equal Employment Opportunity Statement, Appendix D
This statement is included on the City’s job application forms. Title VI Complaint Form English/Spanish, Appendix E
The City uses the attached complaint forms to receive Title VI complaints. The forms will be translated into Spanish and digitized using Cognito Forms and made available on the City’s website.
Staffing and Organization for Implementation of this Title VI Plan The City Manager is ultimately responsible for ensuring the City’s compliance with Title VI Requirements, including, but not limited to, monitoring City programs, preparing required reports and undertaking such other responsibilities as required by 23 Code of Federal Regulation (CFR) 200 and 49 CFR 21 (Appendix D- Complaint Form). To ensure compliance, a Program Coordinator who will work in conjunction with Department Directors or his/her designee as necessary to ensure required compliance. The City Manager may designate supervised employees to be additional Title VI Coordinators for individual Departments as necessary.
Management of the Title VI Plan
The Program Coordinator or his/her designee is responsible for the overall management of the Title VI Plan, under the direct supervision of the City Manager to include the following responsibilities:
• Process and research complaints regarding compliance with the Title VI Plan that are received by the City.
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• Maintain permanent records, which include, but are not limited to copies of Title VI complaints or lawsuits and related documentation, and records of correspondence to and from complainants, and Title VI investigations.
• Work with Department Directors or his/her designee to review City programs or projects receiving federal funding for matters regarding Title VI compliance and reporting and coordinate with relevant and appropriate staff and/or the City Attorney to compile statistical data related to race, color, national origin, sex, age, disability, and income of participants in, and beneficiaries of, federally funded programs to ensure compliance with the Title VI Plan Requirements (e.g. relocatees, affected citizens, and impacted communities). • Coordinate training with Department Directors related to Title VI Requirements for City staff who are responsible for Title VI Plan compliance.
• Make recommendations to the City Manager on ways to achieve compliance with Title VI Plan requirements.
• Develop information regarding this Title VI Plan for dissemination to the general public and, where appropriate, use the LEP Program to ensure dissemination of the information to affected populations.
• Ensure that individuals who will be affected by locating and siting actions obtain meaningful access to the public awareness/involvement process.
• Identify deficiencies in complying with the Title VI Plan Requirement and make recommendations to the City Manager for remedial actions to be taken to promptly resolve such deficiencies.
• Annually prepare a Title VI Plan Compliance Report that documents progress, accomplishments, impediments, and goals in fulfilling this Title VI Plan. • Disseminating the City of West Sacramento Title VI Plan to City employees and publishing on the City’s website.
• Identify and promote opportunities for City staff to receive Title VI training.
Departmental Responsibility
Each Department Director is responsible for Title VI compliance, with support from the Title VI Coordinator, for individual projects. Compliance activities include, but are not limited to:
• Ensuring that all aspects of a project's planning process and operations comply with the Title VI Plan Requirements.
• Conduct Title VI reviews of construction contractors, consultant contractors, suppliers, and other recipients of federal-aid highway fund contracts administered through the City. • Ensuring that Affected Parties have meaningful access to a project's planning processes. • Assisting the Title VI Coordinator in gathering and organizing data and reviewing programs or projects receiving federal funding for the Title VI Plan Report. • Reviewing the Department work programs, policies, and other directives to ensure compliance with the Title VI and ADA Compliance Plan Requirements. • Verifying the level of participation of Affected Parties at public outreach meetings. • Maintaining a list of Interpretation Service Providers. 114
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• Reviewing the City of West Sacramento Title VI Plan with Department employees and coordinate with appropriate federal and state transportation agencies to periodically provide staff with training opportunities regarding nondiscrimination. • Maintaining a list of employees who have received Title VI training. • Ensuring that City contractors and sub-recipients are aware of the City’s Title VI Policy. • Working with staff involved with consultant contracts and the sub-recipients found to be noncompliant to resolve the deficiency status.
• Familiarizing themselves and staff with Federal and state nondiscrimination regulations and procedures in respective subject areas.
• Work with the City Attorney to ensuring proper Title VI Language is in all contracts. • Supervising staff activities pertaining to nondiscrimination regulations and procedures set forth in federal guidance and in accordance with the City’s Title VI Plan. • Reviewing important issues related to nondiscrimination with the Title VI Coordinator, as needed.
Title VI information Dissemination
Title VI information posters shall be prominently and publicly displayed at City of West Sacramento offices. The name of the Title VI Coordinator and supporting information is available on the City’s website at West Sacramento https://www.cityofwestsacramento.org/. Additional information relating to nondiscrimination obligations can be obtained from the Title VI Coordinator.
Subcontracts and Vendors
All subcontractors and vendors who receive payments from the City of West Sacramento, where funding originates from any federal assistance, are subject to the provisions of Title VI of the Civil Rights Act of 1964 as amended.
Written contracts shall contain non-discrimination language, either directly or through the bid specification package which becomes an associated component of the contract.
Title VI Plan: Areas of Practice Policy and Public Notice The City adopts within this plan a Non-Discrimination Policy. Appendix B.
The City adopts within this plan a Non-Discrimination Notice. Appendix C.
The City adopts within this plan an Equal Employment Opportunity Statement. Appendix D.
The City adopts within this plan a Discrimination Complaint Form. Appendix E.
Elimination of Discrimination
The City will continue its practice of identifying discrimination based on race, color, religion, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income, and any other category protected by State or Federal law, and where such discrimination is found to exist, implementing programs or practices to eliminate the discrimination.
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Public Dissemination of Information
The Title VI Plan and Program Coordinator or his/her designee shall assist City staff in the creation and dissemination of Title VI Program information and materials to City employees, subrecipients, contractors, Affected Parties, and the general public. Public dissemination efforts may include posting public statements setting forth the City's non-discrimination policy; inclusion of Title VI Assurances in City contracts and grants; and publishing the City’s Non-Discrimination Policy Statement on the City’s website; including the notice and policy into all adopted plans and program documents.
Title VI Assurances in Contracts and Grants
Contracts and procurement are integrated into each department. Department Directors in conjunction with the City Attorney will ensure that all federally funded contracts administered by the City contain Title VI Assurances. In the event that the City distributes federal funds to another entity through grants or other agreements, the Department Director administrating the grant or agreement will ensure that such grants and agreements contain the Title VI Assurances. The Department's project administrator or grant administrator, or his or her designee will monitor the performance of the contract or grant for compliance. The Department Director will coordinate efforts to ensure that the requirements of Title VI are met throughout the entire contracting and grant performance process.
Data collection
Statistical data on Affected Parties will be compiled by each Department Director or his/her designee and provided to the Title VI Plan and Program Coordinator or his/her designee. The data compilation process will be reviewed regularly to ensure the data is sufficient to meet the requirements of this Title VI Plan.
Site and Facility Location
The City shall not make selection of a site or location of a facility for participants in and beneficiaries of the City’s federal aid programs if that selection could exclude individuals from participation in, or deny them benefits of, or subject them to discrimination on grounds of race, color or national origin, or could substantially impair the accomplishment of the objectives of the non-discrimination policy.
Environmental Justice in Minority and Low-Income Populations In accordance with Executive Order 12898, titled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” the City will develop strategies to review, consider, and address disproportionally high and adverse human health or environmental effects on minority and low-income populations, and will provide minority and low-income communities access to public information and an opportunity for public participation in matters relating to human health or the environment.
Authority
Executive Order (EO) 13166 -Improving Access to Services or Persons with LEP (August 11, 2000) sets forth the compliance standards that recipients of federal funds must follow to ensure 116
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that the program and activities they normally provide in English are accessible to LEP persons and thus does not discriminate on the basis of national origin in violation of Title VI of the Civil Rights Act of 1964, as amended, and its implemented regulations. Recipients must take reasonable steps to ensure meaningful access to their programs and activities by LEP persons.
Planning-specific activities:
The City is committed to gathering input from all stakeholders, and every effort is taken to make the planning process as inclusive as possible. The impacts of transportation improvements resulting from these planning activities have an impact on all residents. Understanding and continued involvement are encouraged throughout the planning process. As a result of the longrange transportation planning process, selected projects receive approval for federal funding and progress towards project planning and construction under the responsibility of local jurisdictions or state transportation agencies. These state and local organizations have their own policies to ensure LEP individuals can participate in processes, how and when a specific transportation project is implemented.
Title VI Program Review and Report
Department Directors or his/her designee will conduct Title VI Program Reviews to assess the Department's effectiveness in ensuring compliance with the Title VI Requirements which shall be submitted to the Title VI Plan and Program Coordinator on or before November 30th of each year.
The Title VI Program review shall include a list of Departmental programs or projects subject to the Title VI Requirements; a summary of any complaints of violations of the Title VI requirements and how each complaint was resolved; a summary of the statistical data, a summary of any Title VI training provided; and a general assessment of the Title VI compliance by the Department.
The Title VI Plan and Program Coordinator shall prepare a Title VI Annual Report to be submitted to the City Manager on or before December 31st of each year. The Report will be based on the Title VI Program Reviews and shall include an executive summary; a list of programs subject to the Title VI Requirements; a summary of any complaints of violations of the Title VI requirements and how each complaint was resolved; a summary of the statistical data, a summary of any Title VI training provided; a general assessment of the Title VI compliance by the Department; an evaluation of administrative procedures and staffing; review of operational guidelines for Department staff, contractors and subrecipients; and assessment of resources available to ensure compliance with the Title VI Requirements.
Reports and shall contain an assessment of the accomplishments during the preceding year; a list of recommended changes to the programs subject to the Title VI Requirements; and a list of recommended goals and objectives for the upcoming year.
Prevention
The City will actively seek to prevent Title VI deficiencies or irregularities. In taking such action, the Department Director will work with the Title VI Plan and Program Coordinator or designee to create an action plan within 90 days of the date that the need for preventive or remedial action is identified by City staff. A copy of the action plan will be provided to the Department Director and the City Manager and retained by the Title VI Plan and Program Coordinator. When the Department Director reasonably believes a contractor or subrecipient has violated a Title VI Requirement, the Department Director will follow the following process:
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The project or grant administrator and the Department Director will meet with the contractor or subcontractor to conduct an initial review of the facts supporting a finding that a violation of the Title VI Requirements has occurred or is occurring.
If, after the initial review, the Department Director in conjunction with the City Attorney concludes that the contractor or subrecipient has violated the Title VI Requirements, the contractor or subrecipient will be given a reasonable time, not to exceed 90 days from the date notice is provided to the contractor or subrecipient, to voluntarily correct noncompliance.
The City will seek to obtain the cooperation of the contractor or subrecipient in correcting noncompliance and will offer to provide technical assistance needed by the contractor or subrecipient to obtain voluntary compliance with the Title VI Requirements.
A follow-up review will be conducted within 180 days of the date notice is provided to the contractor or subrecipient to ensure that the violation of the Title VI Requirements has been corrected. If after the review, the contractor or subrecipient has failed to correct the violation, the City Manager may take appropriate action (e.g., withhold funds, cancel contract) required to comply with the City's obligation under the federal grant.
When a contractor or subrecipient has failed or has refused to comply with Title VI requirements within the 180-day period after the initial review, the Department Director will submit two copies of the file to the appropriate state or federal agency, along with a recommendation that the file be reviewed for a determination of whether the contractor or subrecipient has violated the Title VI Requirements.
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TITLE VI COMPLAINT PROCEDURE
The City of West Sacramento, as a recipient of federal financial assistance, is required to comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin. The City has established this Title VI Complaint Procedure to ensure the prompt and equitable resolution of Title VI complaints, consistent with guidance set forth in FTA Circular 4702.1B.
Any person who believes that they or any program beneficiary have been subjected to unequal treatment or discrimination in their receipt of benefits and/or services from the City, or on the basis of race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, or source of income, may file a complaint. The complaint form is included in Appendix E of this document and will be made available on the City’s website and in paper form at City facilities.
Every effort will be made to obtain early resolution of complaints. The option of informal mediation meeting(s) between the Title VI Plan and Program Coordinator or his or her designee, City staff, contractors, subrecipients and Affected Parties may be utilized for resolution.
The following procedures cover all complaints filed under Title VI. These procedures do not deny the right of the complainant to file a complaint with state or federal agencies or to bring private action based on the complaint.
1. Any person, group of persons, or entity that believes they have been subjected to discrimination under Title VI may file a complaint in writing or by other accessible means using the form provided in Appendix E of this document with the Title VI Plan and Program Coordinator. The complaint must be filed within 180 days of the alleged discriminatory act or occurrence, or when the complainant became aware of the alleged discrimination.
2. Upon receipt of the complaint, the Title VI Plan and Program Coordinator will confer with the City Attorney to determine whether the City has jurisdiction over the complaint, whether the complaint contains the necessary information, what additional information is needed, and whether further investigation is needed.
3. Upon determining that the City has jurisdiction over the complaint, the Program Coordinator will forward the complaint to the City Manager, Department Director or his or her designee, and any relevant staff.
4. The Title VI Plan and Program Coordinator will provide the respondent the opportunity to respond in writing to the allegations of the complaint. The respondent shall have fifteen working days from receipt of notification to provide a response to the allegation in the complaint.
5. If the complaint is against a contractor or subrecipient, the City shall have fifteen days from receipt of the complaint to advise the appropriate state or federal agency of the receipt of the complaint and the status of the investigation.
6. Within sixty days of the receipt of the complaint, the Title VI Plan and Program Coordinator, or Department Director shall prepare a written investigative report. The report shall include a narrative description of the incident, identification of persons interviewed, findings, and recommendations for resolution and corrective action. The written report will be sent to the City Attorney.
7. The City Attorney will review the report and meet with the City Manager, Title VI Plan and Program Coordinator, Department Director or his or her designee to determine the appropriate action.
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8. When the investigative report is complete and appropriate action has been determined, the complainant and respondent shall receive written notification of the findings, any corrective actions, and their appeal rights. The Title VI Plan and Program Coordinator, Department Director, or his or her designee will meet with each party to discuss the findings of the investigative report and any corrective actions.
9. Within fifteen working days of receiving a copy of the report, the complainant may submit written appeal to the City Manager or designee. The decision on appeal shall be final.
10. Within sixty working days of receipt of the original complaint, a copy of the complaint and the City’s investigative report and determination of appropriate action will be provided to the appropriate federal or state agency for review and comment.
11. Within fifteen working days of receiving comments from the federal or state agency, the Title VI Plan and Program Coordinator, Department Director, or designee will meet with all parties to discuss the comments provided by responding agency.
12. After receiving comments from the federal or state agency, the City Manager shall review the comments and adopt a final decision including any appropriate actions to address those comments. The final decision shall be provided to all parties of the proceedings and shall include a statement that a party has a right to appeal the decision if the party produces evidence of new facts that were not previously considered and could not have been reasonably discovered during the investigation.
13. If a party is not satisfied with the results of the investigation or the resolution of the complaint, the party may appeal the City Manager’s decision to the appropriate federal or state agency, by filing a request for an appeal no later than 180 days after the date of the City Manager’s final decision.
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APPENDIX A: RESOLUTION 26-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ADOPTING A TITLE VI
PLAN TO PROHIBIT DISCRIMINATION IN PROGRAMS, SERVICES, AND ACTIVITIES RECEIVING
FEDERAL FINANCIAL ASSISTANCE
WHEREAS, Congress enacted the Civil Rights Act of 1964, which included a section labeled Title VI that prohibits discrimination in any activity that is financed by federal funds or receives federal financial assistance; and
WHEREAS, since the adoption of Title VI, additional federal regulations and court decisions have further refined the definition of "federal financial assistance" and what entities are affected and controlled by Title VI; and
WHEREAS, the City of West Sacramento has no formal policy in place for defining and preventing discrimination in the activities and for the entities that Title VI affects; and WHEREAS, the interpretation and application of Title VI are not intuitive or readily understood, requiring an understanding of what "federal financial assistance" might be in any particular situation and what persons or entities must comply with Title VI; and
WHEREAS, a policy and procedure for reporting violations will provide guidelines for the City, City Departments, and private persons and companies doing business with the City and receiving federal financial assistance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. That the attached "Title VI and Limited English Proficiency Plan" is hereby adopted as the official policy of the City of West Sacramento for applying, reporting, and enforcing Title VI of the Civil Rights Act of 1964; and
2. That the City Manager shall have authority to amend this policy as necessary to comply with Title VI of the Civil Rights Act of 1964.
PASSED AND ADOPTED by the West Sacramento City Council this 5th day of August 2026, by the following vote:
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APPENDIX B: TITLE VI NON-DISCRIMINATION POLICY
It is the policy of the City of West Sacramento to ensure that no person shall, on the grounds of race, color, national origin, Limited English Proficiency, income level, sex, age, religion, disability, marital status, medical condition, sexual orientation, gender identity, or any other category protected by State or Federal law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City of West Sacramento program or activity, including, where applicable, religion, as provided by Title VI of the Civil Rights Act of 1964 and other pertinent nondiscrimination authorities.
The following practices are hereby prohibited throughout the City of West Sacramento to comply, at a minimum, with Title VI and related requirements:
• Denying any individual any standard service, financial aid, or other program benefit without good cause.
• Providing any service, financial aid, or other benefit to a person which is distinct in quantity or quality, or is provided in a different manner, from that provided to others under the program. • Subjecting a person to segregation or separate treatment in any part of a program. • Restricting in the enjoyment of any advantages, privileges, or other benefits enjoyed by others. • Using methods of administrations, which, directly or through contractual relationships, would defeat or substantially impair the accomplishment of effective nondiscrimination. • Applying different standards, criteria, or other requirements for admission, enrollment, or participation in planning, advisory, contractual or other integral activities. • Using acts of intimidation or retaliation, including threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by any pertinent nondiscrimination law, or because they has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing. • Allowing discrimination in any employment resulting from a program, the primary purpose of which is to provide employment.
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APPENDIX C: NON-DISCRIMINATION NOTICE AND ACCESSIBILITY RIGHTS The City of West Sacramento complies with Title VI of the Civil Rights Act of 1964 and other pertinent nondiscrimination authorities under State and Federal law, and will not exclude from participation in, deny the benefits of, or subject any person to discrimination based on race, color, national origin, limited English Proficiency, income level, sex, age, or disability (or religion, where applicable), under any programs or activities conducted or funded by the City of West Sacramento.
Any person who believes they have been wronged by a discriminatory act (action or inaction) of the City of West Sacramento or its funding recipients has the right to file a complaint with the City of West Sacramento. For instructions on how to file a complaint, or additional information regarding the City of West Sacramento’s nondiscrimination obligations, please contact:
City of West Sacramento
Capital Projects Department
110 West Capitol Ave, 1st Floor
West Sacramento, CA 95691
916-617-4980
[email protected]
https://www.cityofwestsacramento.org
The Discrimination Complaint Form is included in Appendix E of this document and will be made available on the City’s website. You can file a complaint in person or by mail, fax, or email. The Program Coordinator will assist persons requesting accommodation in filling out the form.
You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, at the following link: https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf or by mail or phone at:
Office for Civil Rights
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Room 509F, HHH Building
Washington, D.C. 20201
Toll-free: (800) 368-1019
TDD toll-free: (800) 537-7697
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APPENDIX D: EQUAL EMPLOYEMENT OPPORTUNITY STATEMENT
The City of West Sacramento is an equal opportunity employer. All qualified applicants will receive consideration for employment without regard to ancestry, age, , color, disability (mental and physical), , exercise of the right to family care and medical leave, ethnicity, gender, gender expression, gender identity, marital status, medical condition, national origin, political affiliation, race (including characteristics historically associated with race), religious creed, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), sexual orientation, military or veteran status, or genetic information. The City of West Sacramento is committed to providing access and reasonable accommodation for individuals with disabilities in employment. 124
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APPENDIX E: DISCRIMINATION COMPLAINT FORM IN ENGLISH AND SPANISH RETURN COMPLAINT FORM TO:
City of West Sacramento
Title VI Plan and Program Coordinator
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
Office: (916) 617-4831
FOR OFFICE USE ONLY
Date Complaint Received:
Processed by:
Case #:
Date Referred:
Any person who believes that they have been subjected to discrimination based upon race, color, religion, sex, age, national origin (including Limited English Proficiency), or disability may file a written complaint with the City of West Sacramento, within 180 days of the alleged discrimination.
Last Name: First Name: ☐Male
☐Female
Mailing Address: City State Zip
Home Telephone: Work Telephone: E-mail Address
Identify the Category of Discrimination:
☐ RACE ☐ COLOR ☐ NATIONAL ORIGIN ☐ SEX
☐ CREED (RELIGION) ☐ DISABILITY ☐ LIMITED ENGLISH PROFICIENCY ☐ AGE *NOTE: Title VI bases are race, color, national origin. All other bases are found in the “Nondiscrimination Assurance” of the FTA Certifications & Assurances.
Identify the Race of the Complainant
☐ Black ☐ White ☐ Hispanic ☐ Asian American
☐ American Indian ☐ Alaskan Native ☐ Pacific Islander ☐ Other Date and place of alleged discriminatory action(s). Please include earliest date of discrimination and most recent date of discrimination.
Names of individuals responsible for the discriminatory action(s):
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How were you discriminated against? Describe the nature of the alleged action, decision, or conditions.
Explain as clearly as possible what happened and why you believe your protected status (basis) was a factor. Include how others were treated differently from you. (Attach additional page(s), if necessary). 126
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Have you filed, or intend to file, a complaint regarding the matter raised with any of the following? If yes, please provide the filing dates. Check all that apply. ☐CA Department of Transportation
☐ Federal Transit Administration
☐ US Department of Transportation
☐ US Department of Justice
☐ Federal or State Court
☐ Other
Have you discussed the complaint with any West Sacramento representative? If yes, provide the name, position, and date of discussion.
Please provide any additional information that you believe would assist with an investigation.
Briefly explain what remedy, or action, are you seeking for the alleged discrimination.
WE CANNOT ACCEPT AN UNSIGNED COMPLAINT.
PLEASE SIGN AND DATE THE COMPLAINT FORM BELOW.
COMPLAINANT’S SIGNATURE DATE
Names of persons (witnesses, fellow employees, supervisors, or others) whom we may contact for additional information to support or clarify your complaint: (Attached additional page(s), if necessary).
Name Address Telephone
1. 2.
3. 4.
The law prohibits intimidation or retaliation against anyone because they have either taken action or participated in an action to secure rights protected by these laws. If you believe you have been retaliated against, separate from the discrimination alleged above, please explain the circumstances below.
Describe the action you took that you believe caused the alleged retaliation. 127
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Formulario de queja por discriminación
Cualquier persona que crea que ha sido objeto de discriminación por motivos de raza, color, religión, sexo, edad, origen nacional (incluyendo dominio limitado del inglés), o discapacidad puede presentar una queja por escrito ante la Ciudad de West Sacramento dentro de los 180 días de la presunta discriminación.
Apellido: Nombre: ☐Hombre
☐Mujer
Dirección de correo postal: Ciudad Estado Código
postal
Teléfono de casa: Teléfono de trabajo: Dirección de correo electrónico Identifique la categoría de discriminación:
☐ RAZA ☐ COLOR ☐ PAÍS DE ORIGEN ☐ SEXO
☐ CREDO (RELIGIÓN) ☐ DISCAPACIDAD ☐POCO DOMINIO DEL INGLÉS ☐ EDAD * NOTA: Las bases del Título VI son raza, color, país de origen. Todas las demás bases están en la “Garantía de no discriminación” de las Certificaciones y garantías de FTA.
Identificar la raza del
denunciante ☐ Blanco ☐ Hispano ☐ Asiático americano
☐ Negro ☐ Nativo de Alaska ☐ De otras islas del ☐ Otro
☐ Indio americano Pacífico
Fecha y lugar de las presuntas acciones discriminatorias. Incluya la última fecha de discriminación y la fecha más reciente de discriminación.
Nombres de las personas responsables de las acciones discriminatorias:
DEVUELVA EL FORMULARIO DE QUEJA A:
Ciudad de West Sacramento
Coordinador del Plan y Programa del Título VI
1110 West Capitol Avenue, 1er Piso
West Sacramento, CA 95691
Oficina: (916) 617-4831
SOLO PARA USO INTERNO
Fecha de recepción de la queja:
Procesado por:
No. de caso:
Fecha de la remisión:
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¿Cómo fue discriminaron(a)? Describa la naturaleza de la presunta acción, decisión o condiciones.
Explique lo más claramente posible y por qué cree que su estatus protegido (base) fue un factor. Incluya cómo otras personas fueron tratados de manera diferente a usted. (Adjunte página(s), adicional(es) si es necesario).
La ley prohíbe la intimidación o las represalias contra cualquier persona porque haya tomado medidas o haya participado en acciones para garantizar los derechos protegidos por estas leyes. Si cree que ha sido objeto de represalias, de manera separada de la discriminación alegada anteriormente, explique las circunstancias a continuación. Describa la acción que tomó y que cree que causó la presunta represalia.
Nombres de personas (testigos, compañeros de trabajo, supervisores u otros) a quienes podemos contactar para obtener más información para respaldar o aclarar su queja: (Adjunte más páginas, si es necesario).
Nombre Dirección Teléfono
1. 2.
3. 4.
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¿Presentó o tiene la intención de presentar una queja con respecto al asunto planteado ante alguna de las siguientes autoridades? Si la respuesta es Sí, escriba las fechas de presentación. Marque todas las opciones que correspondan.
☐Departamento de Transporte de California
☐ Administración Federal de Tránsito
☐ Departamento de Transporte de EE. UU.
☐ Departamento de Justicia de EE. UU.
☐ Tribunal federal o estatal
☐ Otro
¿Ha hablado sobre la queja con algún representante de West Sacramento? Si la respuesta es Sí, escriba el nombre, el cargo y la fecha en la que hablaron.
Dé cualquier otra información que crea que podría ayudar con una investigación.
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Limited English Proficiency (LEP) Plan
Introduction
This Limited English Proficiency Plan has been prepared to address the City of West Sacramento responsibilities as a recipient of federal funds as they relate to the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq., and its implementing regulations, which state that no person shall be subjected to discrimination on the basis of race, color or national origin.
Executive Order 13166, titled Improving Access to Services for Persons with Limited English Proficiency, indicates that differing treatment based upon a person’s inability to speak, read, write or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all state and local agencies which receive federal funds, including the City of West Sacramento, which receives federal grant funding as a subrecipient through the Sacramento Area Council of Governments (SACOG) from the U.S.
Department of Transportation (U.S. DOT), and from state agencies.
Plan Summary
The City of West Sacramento has developed this Limited English Proficiency Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency (LEP) who wish to access services provided by the City of West Sacramento. As defined in Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write or understand English.
This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, staff training that may be required, and how to notify LEP persons that assistance is available.
In order to prepare this plan, the City of West Sacramento undertook the U.S. DOT four-factor LEP analysis which considers the following factors:
1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter a City of West Sacramento program, activity or service.
2. The frequency with which LEP persons come in contact with City of West Sacramento services, programs, or activities.
3. The nature and importance of programs, activities or services provided by the City of West Sacramento to the LEP population.
4. The resources available to the City of West Sacramento and overall cost to provide LEP assistance.
A summary of the results of the City of West Sacramento four-factor analysis is in the following section.
U.S. DOT Four-Factor LEP Analysis
1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter a City of West Sacramento program, activity or service.
The Census Bureau has a range of four classifications of how well people speak English. The classifications are "very well," "well," "not well" and "not at all." The American Community Survey previously reported "not well" and "not at all" as discrete categories; however, current ACS data 132
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aggregates these two categories together with "well" into a single "less than very well" measure. For planning purposes, the City of West Sacramento is considering people that speak English less than "very well" as Limited English Proficient persons.
Table 1 shows the languages spoken at home for all persons five years and older, with total estimates, percentages, and the number and percentage of persons who speak English less than 'very well,' broken out by language group within the City of West Sacramento.
Table 1. Language Spoken at Home (American Community Survey)1 1 https://data.census.gov/table?q=LANGUAGE+SPOKEN+AT+HOME+FOR+THE+POPULATION+5+YEARS+AND+OVER. &g=160XX00US0684816 (Table S1601 – 2024: ACS 5-Year Estimates Subject Tables) Label Estimate Margin of Error Estimate Margin of Error Estimate Margin of Error Estimate Margin of Error Population 5 years and over 51,613 ±440 (X) (X) 7,841 ±1,197 15.2% ±2.3 Speak only English 32,404 ±1,538 62.8% ±2.9 (X) (X) (X) (X) Speak a language other than
English 19,209 ±1,462 37.2% ±2.9 7,841 ±1,197 40.8% ±4.7
SPEAK A LANGUAGE OTHER
THAN ENGLISH
Spanish 10,240 ±1,451 19.8% ±2.8 3,767 ±1,138 36.8% ±8.4 5 to 17 years old 2,415 ±673 4.7% ±1.3 576 ±383 23.9% ±14.6 18 to 64 years old 6,766 ±926 13.1% ±1.8 2,676 ±756 39.6% ±7.9 65 years old and over 1,059 ±245 2.1% ±0.5 515 ±209 48.6% ±17.0 Other Indo-European languages 6,677 ±740 12.9% ±1.4 3,115 ±528 46.7% ±5.7
5 to 17 years old 1,394 ±330 2.7% ±0.6 429 ±170 30.8% ±9.4 18 to 64 years old 4,397 ±562 8.5% ±1.1 2,017 ±444 45.9% ±7.3 65 years old and over 886 ±256 1.7% ±0.5 669 ±236 75.5% ±11.6 Asian and Pacific Island languages 2,212 ±420 4.3% ±0.8 946 ±276 42.8% ±8.6
5 to 17 years old 241 ±117 0.5% ±0.2 38 ±49 15.8% ±16.6 18 to 64 years old 1,657 ±350 3.2% ±0.7 670 ±202 40.4% ±9.0 65 years old and over 314 ±128 0.6% ±0.2 238 ±121 75.8% ±15.4 Other languages 80 ±61 0.2% ±0.1 13 ±20 16.3% ±24.4 5 to 17 years old 35 ±37 0.1% ±0.1 0 ±32 0.0% ±57.3
18 to 64 years old 13 ±21 0.0% ±0.1 9 ±15 69.2% ±69.2
65 years old and over 32 ±43 0.1% ±0.1 4 ±12 12.5% ±47.9 CITIZENS 18 YEARS AND OVER All citizens 18 years old and over 36,637 ±935 (X) (X) 3,723 ±686 10.2% ±1.8 Speak only English 25,416 ±1,074 69.4% ±2.4 (X) (X) (X) (X) Speak a language other than
English 11,221 ±911 30.6% ±2.4 3,723 ±686 33.2% ±4.9
Spanish 5,613 ±864 15.3% ±2.3 1,395 ±534 24.9% ±7.5 Other languages 5,608 ±539 15.3% ±1.5 2,328 ±353 41.5% ±5.3 West Sacramento city, California
Total Percent Percent of specified language speakers
Speak English less than "very well" Percent speak English less than "very well" 133
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2. The frequency with which LEP persons come in contact with City of West Sacramento services, programs, or activities.
The City of West Sacramento assessed the frequency with which staff have, or could have, contact with LEP persons. The following “touch points” and frequencies have been identified:
PRIMARY TOUCH POINTS FREQUENCY
West Sacramento On-Demand
(Via) Driver
Frequently
Customer Service Agents/City Staff Frequently
Recreation Center Staff Often - Frequently
Printed Materials Often - Frequently
Interior Signage Frequently
City Website Often
Social Media Occasionally
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SECONDARY TOUCH-POINTS FREQUENCY
Print Media Infrequent
Broadcast Media Infrequent
Public Relations Media Occasionally
The City’s Human Resources Division maintains a list of all City staff which are certified translators for various languages. City staff do not regularly receive requests for translation through federally funded programs/projects, though the outreach components of said programs/projects do typically have multi-lingual resources. Further, if translation services are needed, staff will provide said translation in a timely manner.
3. The nature and importance of programs, activities or services provided by the City of West Sacramento to the LEP population.
The largest geographic concentration of LEP individuals in the City of West Sacramento area is Spanish-speaking, representing 19.8% of the total population five years and older. The West Sacramento On-Demand (Via) drivers are most likely to encounter LEP individuals along with City customer service personnel.
4. The resources available to the City of West Sacramento and overall cost to provide LEP assistance.
The City of West Sacramento assessed its available resources that could be used for providing LEP assistance, including determining how much a professional interpreter and translation service would cost on an as-needed basis, which of its documents would be the most valuable to be translated if the need should arise, and taking an inventory of available organizations that the City of West Sacramento could partner with for outreach and translation efforts. Based on the four-factor analysis, the City developed its LEP Plan as outlined in the following section.
Limited English Proficiency (LEP) Plan Outline
There are five areas that comprise the City of West Sacramento’s LEP Plan:
1. Identifying LEP individuals who need language assistance
2. Language assistance measures
3. Training Staff
4. Providing Notice to LEP persons
5. Monitoring and updating the LEP Plan
a. Identifying LEP individuals who need language assistance How the City of West Sacramento may identify an LEP person who needs language assistance:
• Examine City customer service and West Sacramento On-Demand records for language assistance requests that have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events. • When the City of West Sacramento sponsors an event, have a staff person greet participants as they arrive. By informally engaging participants in conversation, it is possible to informally gauge each attendee’s ability to speak and understand English. • Have Census Bureau Language Identification Flashcards available at City of West Sacramento events near the registration table. Individuals self-identifying as persons not 135
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proficient in English may not be able to be accommodated with translation assistance at the event, but it will assist in identifying language assistance needs for future events. • Have Language Identification Flashcards on all transit vehicles to assist staff in identifying specific language assistance needs of passengers. If such individuals are encountered, staff (and Via driver) will be instructed to try to obtain contact information and forward it to the appropriate City staff for follow-up. Customer service representatives will also be instructed to obtain contact information from LEP individuals they encounter, either in person or over the phone, recording passengers’ request for language assistance in the customer service database.
b. Language Assistance Measures
There are numerous language assistance measures available to LEP persons, including both oral and written language services. There are also various ways in which the City of West Sacramento staff responds to LEP persons, whether in person, by telephone or in writing.
How the City of West Sacramento will assist an LEP person who needs language assistance:
• The City of West Sacramento will network with local human service organizations that provide services to LEP individuals and seek opportunities to provide information on City programs and services.
• The City will strive to make bilingual assistance available at community events. • Placement of statements in notices and publications that interpreter services are available for key meetings, with seven-day advance notice.
• Survey staff annually on their experience concerning any contacts with LEP persons during the previous year.
• Maintain a list of staff proficient in languages other than English. • Provide Language Identification Flashcards at public meetings. • Post the City of West Sacramento Title VI Policy, Title VI Complaint Form, and LEP Plan on the agency website.
• Post the City of West Sacramento Title VI Policy in English and Spanish in the City Hall 1st floor lobby in a highly visible location.
• Provide the Title VI Complaint Form in a printed format in English and Spanish in the City Hall 1st floor lobby in a highly visible location.
• When an interpreter is needed, for a language other than Spanish, in person or on the telephone, staff will attempt to access language assistance services from the list of City staff who are certified translators for various languages.
c. Staff Training
How the City of West Sacramento will train staff on its role and responsibilities in providing meaningful access to services for LEP persons:
• Develop curriculum and corresponding PowerPoint to educate City of West Sacramento and contractor staff on the Title VI LEP requirements for providing meaningful access to services for LEP persons.
• Provide staff with a description of language assistance services offered by the City of West Sacramento.
• Provide staff with specific procedures to be followed when encountering an LEP person, including how to handle a potential Title VI LEP complaint. • Instruct staff on the use of U.S. Census Bureau Language Identification Flashcards (See Attachment 1).
d. Providing Notice to LEP Persons
How the City of West Sacramento will provide Notice to LEP Persons, both oral and written 136
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communications:
•
• Post “Title VI is the Law” signs in the entry areas.
• Post Language Identification cards at service counters regarding the availability of interpreting services free of charge.
• Website, documents, community meeting notices, and brochures will be offered or printed in alternative languages upon request free of charge.
• Staff will inform LEP persons that language assistance is available and is free of charge. e. Monitoring and updating the LEP plan
This plan is designed to be flexible and should be viewed as a work in progress. As such, it is important to consider whether new documents and services need to be made accessible for LEP persons, and also to monitor changes in demographics and types of services. The City of West Sacramento will update the LEP Plan as required by state and federal law. At a minimum, the plan will be reviewed and updated when new data becomes available, or when it is clear that higher concentrations of LEP individuals are present in the City of West Sacramento.
How the City of West Sacramento will examine and update the LEP Plan:
• Record and report on the number of LEP persons encountered annually • Determine how the needs of LEP persons have been addressed • Determine the current LEP population in the service area and whether the need for translation services has changed
• Determine whether interpretation/translation services have been effective and sufficient to meet the need
• Determine whether the City of West Sacramento’s financial resources are sufficient to fund language assistance resources needed
• Determine whether the City of West Sacramento (and its agents/contractors) have fully complied with the goals of this LEP Plan
• Determine whether complaints have been received concerning the agency’s failure to meet the needs of LEP individuals
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Dissemination of the City of West Sacramento LEP Plan
The City of West Sacramento’s LEP Plan will be disseminated to customers and the community through a link to the LEP Plan and the Title VI Plan included on the City website, www.cityofwestsacramento.org
The City of West Sacramento’s LEP Plan will also be shared with human service organizations in its service area. Any person or agency with internet access will be able to access and download the plan from the City website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person, and shall be provided a copy of the plan at no cost.
LEP individuals may request copies of the plan in translation which the City of West Sacramento will provide, if feasible.
Questions or comments regarding the LEP Plan may be submitted to the City of West Sacramento’s Title VI Coordinator at:
Title VI Coordinator
City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Phone: 916-617-4980
Email: [email protected]
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Attachment 1
U.S. Census Bureau Language Identification Flashcard Commented [PI1]: Update with:
https://www2.census.gov/programssurveys/decennial/2020/resources/languagematerials/language-identification-card_D-ID.pdf 139
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CITY COUNCIL AGENDA REPORT
MEETING DATE: August 5, 2026 ITEM # 5
SUBJECT:
CONSIDERATION OF APPROVAL OF A CONTRACT AWARD TO PRO-EX CONSTRUCTION INC. FOR THE GALLERIA FLOOR CONCRETE REFINISHING PROJECT (CIP 54033)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
Mubusi Muhapi, Project Manager II
Capital Projects Department
Schawn Franklin, Equipment & Facilities
Superintendent
Public Works, Operations & Maintenance
Department
[ ] Council [X] Staff
[ ] Other
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X ] Action
OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve a contract award to Pro-Ex Construction, Inc. for the Galleria Floor Concrete Finishing Project (CIP 54033).
RECOMMENDED ACTION
Staff respectfully recommend that the City Council:
1) Find that the Galleria Floor Concrete Finishing Project (CIP 54033) is exempt from CEQA review pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, and find that the determination represents the independent judgment of the City; 2) Approve and authorize the City Manager, or his designee, to execute a construction contract with Pro-Ex Construction Inc., in the amount of $231,878;
3) Authorize the City Manager, or his designee, to execute amendments or change orders up to 30% ($69,563.40) of the contract amendment value;
4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the construction contract, with approval from the City Attorney; and 5) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.
BACKGROUND
The City Hall Galleria serves as the central hub of the West Sacramento City Hall and a premier space for civic engagement, community gatherings, and public meetings. Recent geotechnical testing, however, has revealed that the concrete slab within the Galleria exhibits elevated moisture levels. This condition has caused significant deterioration of the existing decorative epoxy flooring system, as well as visible clouding and discoloration across the polished concrete surfaces within the high-traffic lobbies and hallways, particularly on the first floor, while the second and third floors exhibit more wear and tear of the epoxy with minor moisture defects.
To address these issues, the City retained a professional flooring consultant to evaluate the space and develop comprehensive technical specifications for remediation. The resulting project scope requires prepping the floor surfaces to industry standards, installing a moisture mitigation system to control vapor transmission, and applying a high-performance finish with a minimum 15-year service life. Given the facility's prominence, implementing this resilient flooring is essential to preserving the City's professional image and ensuring the long-term continuity of civic activities.
ANALYSIS
An analysis of the floor determined that a comprehensive rehabilitation approach, involving a specialized moisture mitigation system and high-performance surface, is required to ensure a 15-year service life. Therefore, the Capital Projects Department conducted a competitive bid to select a contractor for the City Hall Galleria Floor Concrete Refinishing (26-048-ITB). The bid solicitation addressed OSHA compliance, project safety, surface preparation, and installation of the recommended system.
On May 8, 2026, an Invitation to Bid (26-048-ITB) was released on the City’s electronic procurement platform, OpenGov.com. At the close of the bidding period, City staff received three (3) bids, which were opened on May 26, 2026.
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City Hall Galleria Floor Concrete Refinishing (CIP 54033) August 5, 2026