Cities Index.
Agenda packet

West Sacramento City Council
August 19, 2026

Document
Agenda packet
Meeting
August 19, 2026
Body
West Sacramento City Council
Pages
77
Original file
85.9 MB
Text extracted from the city's file for reading and search. Open the original on westsac.hylandcloud.com. That file is the official record.

1. The City Manager or designee is authorized to execute all documents necessary to commit the City of West Sacramento to federal, state, and regional funding and project delivery requirements including, but not limited to, abiding by Funding Program guidelines.

2. The City acknowledges that, in the event of receiving an award of Funding Program dollars, the City will be required to abide by multiple timely use of funding requirements described in the Funding Program guidelines and SACOG’s Regional Delivery Policies including, but not limited to, obligating federal funding no later than the end of federal fiscal year 2028-2029 for construction activities, committing to securing required local match dollars, acknowledging that SACOG does not cover cost overruns, and committing staff to attend delivery meetings until project closeout.

3. The City Manager or designee is directed to submit the following applications for 2026 Federal Funding Cycle Programs:
a. Southport to Harbor Roadway Project for the System Performance Program: This project will include road rehabilitation for Harbor Boulevard from the US 50 on/off ramp to Industrial Boulevard; Industrial Boulevard from Harbor Boulevard to the Palamidessi Bridge; Lake Washington Boulevard from the Palamidessi Bridge to Southport Parkway from Lake Washington to Promenade Street. In addition, this project will incorporate Complete Streets elements, including filling sidewalk gaps, adding bicycle lanes, upgrading utilities to enhance safety and meet the needs of pedestrians, bicyclists, motorists, and public transportation users. This project may be segmented into multiple applications.
b. Clarksburg Branch Line Trail (CBLT) for the Next Generation Solutions & Clean Air Program: This project is a multi-use path that will run north to south from the Barge Canal to Clarksburg. The CBLT is a segment of SACOG’s regional trail system and the Great California Delta Trail regional trail system while also being an important segment of the City’s walking and bicycling network. It has been included in the City’s active transportation plans since it was acquired from the Sierra Northern Railway. This project will provide West Sacramentans with a safe and quiet way to walk and bicycle between their homes and their schools, jobs, stores, parks, and neighbors. The proposed application will be for the portion of CBLT within City limits.

City staff may make non-substantive changes or modifications to the Federal Funding Cycle Program application priorities, with approval from City Manager.

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

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

PASSED AND ADOPTED by the City Council of the City of West Sacramento this 19th day of August, 2026 by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
124

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2026 ITEM # 10
SUBJECT:

CONSIDERATION OF RESOLUTION 26-72 ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026/27
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Becky Robertson, Finance Manager
Finance Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to comply with state law which requires adoption of an Appropriations Limit annually.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 26-72 establishing an Appropriations Limit for Fiscal Year 2026/27.

BACKGROUND
In November 1979, the voters of the State of California approved Proposition 4, commonly known as the (Paul) Gann Initiative. The Proposition created Article XIIIB of the State Constitution, placing limits (the Limit) on the amount of revenue which can be appropriated in any fiscal year. Not all revenues are restricted by the Limit; only those which are referred to as "proceeds of taxes."
For the City of West Sacramento (City), the Limit is based on revenues estimated by LAFCO for the 1978/79 fiscal year and is increased each year by a factor using the growth in population and inflation.

Proposition 4 had little impact in the early years due to the high growth of inflation increasing Limits faster than actual revenues grew. In addition, because the language of the initiative was extremely vague and confusing, and because the State Legislature adopted a "hands off" approach, many cities were creative in finding solutions to any Limit problems. The Limit became a front-page issue in 1987 when the State of California refunded $1.1 billion to taxpayers as a result of reaching this Limit. The Limit became an even bigger issue when it surfaced as the major barrier to solving transportation problems in the late 1980s. Locally, the City was in danger of reaching its Limit. In 1990, the City’s capacity was reduced from 19% to 12%.

In order to deal with an increasing number of complaints about the restrictions of Proposition 4 and to increase the accountability of local government in adopting their Limits, California voters approved Proposition 111 in June 1990. Among other things, Proposition 111 provided new adjustment formulas and required an annual review of Limit calculations by an independent auditor.

Beginning with the 1990/91 Appropriations Limit, the annual adjustment factors became more flexible. Instead of using the lesser of California Per Capita Personal Income or U.S. Consumer Price Index to measure inflation, the City was able to use its growth in the nonresidential assessed valuation due to new construction within the City. Also, instead of using only the population growth of Yolo County, the City was able to choose to use the population growth within the City. Moreover, the City was able to choose to amend the previous years' Limits in order to produce a consistent result. By choosing both options and recalculating the Limit, the City’s 1990/91 Limit increased to the point where the City’s capacity became 96%, rather than the 12%.

Staff changed the approach to estimating the Gann Limit when growth slowed and property valuation due to new construction declined beginning in 2008. Currently, staff utilizes the growth in inflation combined with the growth in population for the City. The State of California Department of Finance provides both the price inflation and population growth information used by the City to calculate the appropriation limit, and a copy of the State’s transmittal letter is included as an attachment to this report.

In September 2022, the State of California revised the appropriations limit calculation retroactively with Fiscal Year 2021/22 and each subsequent fiscal year thereafter to include an expanded definition of “State Subvention” with regards to local government agencies in Government Code Section 7903. 125
Resolution 26-72 Appropriations Limit
August 19, 2026

Page 2 ends

ANALYSIS
Staff utilizes the combined growth factors, which are: 1) growth in the California per capita personal income; and 2) growth in population for the City. Each year the State Department of Finance provides the data used to calculate the population factor and the inflation factor used in deriving the annual appropriation limit.

For Fiscal Year 2026/27, the combined population and inflation percentage used to compute the Appropriations Limit is 1.0588; therefore, the City’s Gann Limit has increased from the prior fiscal year to $2,113,297,614. The City’s FY 2026/27 estimate of appropriations subject to the Limit is $128,673,542, which represents 6% of the total Gann Limit.

Environmental Considerations
The actions recommended in the attached resolution are not subject to the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section 21080 (b)(8), since the activities proposed involve administrative and financial activities that do not constitute a project pursuant to CEQA.

Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable
Alternatives
State law requires that the City adopt the appropriation limit on an annual basis and that the calculation of the limit be reviewed by the City’s auditor on an annual basis. While the staff recommendation is to adopt Resolution 26-72, alternatively, the City Council could delay the action in order to allow for clarification or review the attached analysis.

Coordination and Review
Not applicable
Budget/Cost Impact
As the City is currently well under the Limit, there is no budgetary or cost impact associated with adopting the new Limit for FY 2026/27.

ATTACHMENTS

1. Resolution 26-72

2. Recent History of Appropriations Limit

3. Tax Appropriations Limit Calculation for FY 2026/27

4. Department of Finance – Price Factor and Population Information 126
Attachment 1
RESOLUTION 26-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ESTABLISHING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026/27

BASED ON POPULATION AND INCOME FACTORS
WHEREAS, Article XIIIB of the California Constitution and Government Code Section 7910 require a city to establish its appropriations limit for each fiscal year; and WHEREAS, the base appropriations limit for the City of West Sacramento for fiscal year 1989/90 was established by Resolution 89-167, with annual increases calculated since that time; and
WHEREAS, Article XIIIB of the California Constitution specifies that appropriations limits may increase annually by a factor comprised of the change in population within the city and the change in the California Per Capita Personal Income; and WHEREAS, the State Department of Finance has provided the necessary documentation to enable the City to calculate and adopt such a factor for the fiscal year 2026/27.

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

1. The factors to be used to determine the fiscal year 2026/27 appropriations limit shall be the change in population within the City of West Sacramento and the percentage change in California Per Capita Personal Income.

2. The City's appropriation limit as required by Article XIIIB of the California Constitution for fiscal year 2026/27 shall be $2,113,297,614.

PASSED AND ADOPTED by the West Sacramento City Council this 19th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:
_______________________________
Jennifer Cusmir, City Clerk
127
Attachment 2
Combined
Factor Gann Limit
Appropriations
Subject to Limit
% of Gann
Limit Used
City Resolution 00-43 for 2000/01 1.0856 218,005,913 17,685,000 8% City Resolution 01-70 for 2001/02 1.1203 310,447,952 19,415,000 6% City Resolution 02-42 for 2002/03 1.1069 366,736,840 19,147,000 5% City Resolution 03-52 for 2003/04 1.0834 460,703,619 30,415,100 7% City Resolution 04-43 for 2004/05 1.0772 566,920,025 30,415,100 5% City Resolution 05-46 for 2005/06 1.1122 629,814,576 33,502,100 5% City Resolution 06-50 for 2006/07 1.1430 719,894,675 39,631,100 6% City Resolution 07-41 for 2007/08 1.0854 814,717,323 41,560,000 5% City Resolution 08-43 for 2008/09 1.0846 959,700,078 44,077,000 5% City Resolution 09-36 for 2009/10 1.0254 984,076,460 43,046,000 4% City Resolution 10-48 for 2010/11 0.9866 970,889,835 39,533,000 4% City Resolution 11-33 for 2011/12 1.0369 1,006,715,670 39,022,100 4% City Resolution 12-23 for 2012/13 1.0405 1,047,487,655 39,694,900 4% City Resolution 13-43 for 2013/14 1.0761 1,127,215,543 41,005,250 4% City Resolution 14-19 for 2012/13 1.0429 1,049,993,448 39,694,900 4% City Resolution 14-19 for 2013/14 1.0639 1,117,108,525 43,505,250 4% City Resolution 14-19 for 2014/15 1.0105 1,128,805,277 44,268,721 4% City Resolution 15-29 for 2015/16 1.0457 1,180,363,503 50,397,925 4% City Resolution 16-40 for 2016/17 1.0764 1,270,489,627 52,300,201 4% City Resolution 17-21 for 2017/18 1.0441 1,326,460,552 56,284,090 4% City Resolution 18-3 for 2018/19 1.0474 1,389,305,613 58,821,574 4% City Resolution 19-35 for 2019/20 1.0428 1,448,709,334 70,603,927 5% City Resolution 20-?? For 2020/21 1.0437 1,512,083,219 69,573,632 5% City Resolution 21-65 for 2021/22 1.0526 1,591,670,142 77,679,657 5% City Resolution 22-108 for 2022/23 1.0567 1,681,884,016 87,559,253 5% City Resolution 23-61 for 2023/24 1.0663 1,793,447,419 93,270,466 5% City Resolution 24-102 for 2024/25 1.0367 1,859,299,401 97,712,854 5% City Resolution 25-93 for 2025/26 1.0734 1,995,860,108 120,953,971 6% City Resolution 26-72 for 2026/27 1.0588 2,113,297,614 128,673,542 6% Recent History of Tax Appropriations Limit
128
Attachment 3
Appropriations Subject to the Tax Appropriations Limit
FY 2026/27
Adopted Budget
Property Tax 41,174,124
Sales Tax (excluding Prop 172) 66,097,212
Transient Occupancy Tax 2,700,000
Document Transfer Tax 300,000
Motor Vehicle In-Lieu Tax 85,000
Trailer Coach In-Lieu Tax -
Homeowners Prop Tax Relief 215,000
Off Hwy Motor Vehicle In-Lieu Tax -
State Mandated Cost Reimbursement 35,000
Other Taxes 18,067,206
State Subvention Pursuant to Government Code Section 7903 - Total Unadjusted Appropriations subject to the Limit [A] 128,673,542 Adjustments for appropriations not subject to the Tax Appropriations Limit Annual Debt Service for Voter Approved Debt -
Total Annual Debt Service [B] -
Qualified Capital Outlays
Total Qualified Capital Outlays [C] -
Total Adjustments [D = B + C] [D] -
Total Adjusted Appropriations subject to the Limit [E = A - D] [E] 128,673,542 Calculation of the Adjustment Factor
Population Change - City 1.0089
Per Capita Personal Income 1.0495
Combined Adjustment Factor [F] 1.0588
Prior Year (FY 2025/26) Tax Appropriations Limit [G] 1,995,860,108 Adjustment Factor [H] 1.0588
Tax Appropriations Limit for FY 2026/27 [I = G x H] [I] 2,113,297,614 Projected appropriations are below the limit by [J = I - E] [J] 1,984,624,073 Fiscal Year 2026/27 Tax Appropriations Limit
FY 2026/27 Tax Appropriations Subject to the Tax Appropriations Limit Calculation of the Tax Appropriations Limit and Difference between the Limit and Appropriations Subject to the Limit
129
May 1, 2026
Dear Fiscal Officer:

Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments.

Each local jurisdiction must use their percentage change in population factor for January 1, 2026, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2026–27. Attachment A provides the change in California’s per capita personal income and an example for utilizing the factors to calculate the 2026–27 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit. Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2026. Please note: The prior year’s city population estimates may be revised.

The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
/s Erika Li
Attachment
130
May 2026
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2026–27 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2026-27 4.95
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2026–27 appropriation limit.
2026–27:

Per Capita Cost of Living Change = 4.95 percent
Population Change = -0.14 percent
Per Capita Cost of Living converted to a ratio: 4.95 + 100 = 1.0495 100
Population converted to a ratio: -0.14 + 100 = 0.9986
100
Calculation of factor for FY 2026–27: 1.0495 x 0.9986 = 1.0480 131
About the Data
FISCAL YEAR 2026-27
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2025 to January 1, 2026, and Total Population January 1, 2026 City County Percent Change 25-26 Population Minus Exclusions 1-1-25 Population Minus Exclusions 1-1-26 Total Population 1-1-26 Davis Yolo 0.44 65,712 66,002 66,002
West Sacramento Yolo 0.89 55,376 55,871 55,871
Winters Yolo 0.26 8,007 8,028 8,028
Woodland Yolo -0.60 61,693 61,324 61,324
Unincorporated Yolo -0.25 34,766 34,679 34,679
Incorporated Yolo 0.23 190,788 191,225 191,225
County Total Yolo 0.16 225,554 225,904 225,904
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 132

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2026 ITEM # 11
SUBJECT:

CONSIDERATION AND ADOPTION OF RESOLUTION 26-73 APPROVING THE FINANCING OF CERTAIN FIRE APPARATUS AND DECLARING THE CITY’S INTENT TO

REIMBURSE ITSELF FROM THE PROCEEDS OF DEBT FOR CERTAIN EXPENDITURES INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Rebecca Robertson, Finance Manager
Finance Department
ATTACHMENT [X] Yes [ ] No [X] Information [ ] Direction [X] Action

OBJECTIVE
This report requests approval of a contract with Golden State Fire Apparatus, Inc., to acquire one Type 1 Fire Pumper and approval of City Council Resolution 26-73, which authorizes the lease-purchase financing through a loan from JP Morgan Chase Bank and declares the City’s intent to reimburse itself for certain expenditures made or to be made prior to issuance of the debt in compliance with Internal Revenue Service guidelines for taxexempt debt.

RECOMMENDED ACTION
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 leasepurchase agreement with JP Morgan Chase Bank to finance the purchase of the fire apparatus and equipment in the amount of $2,482,875.04; and

2. Adopt Resolution 26-73 approving the financing of the Type 1 Fire Pumper and declaring the City’s intent to reimburse itself from the proceeds of debt for certain expenditures.

BACKGROUND
The Fire Department maintains a fleet of 15 fire engines and trucks to meet the service needs of the community.

The department maintains a fleet of eleven front-line vehicles and three reserve vehicles that are recommended to be replaced on a regular basis. On June 17, 2026, the City Council authorized the budget for the financing of two (2) Type 1 pumpers, included as part of the budget amendments for fiscal year 2026-27. The proposed purchase includes two (2) Type 1 Engine (Pumper), which will replace one eleven (11) year old and one eighteen (18) year old frontline Type 1 Pumpers. Due to current manufacturing backlogs, extended build times, delivery, upfitting, and radio installation, the estimated timeline from order to placement into service is approximately 60 months. If ordered, the apparatus won't go into service until Fall 2031. This purchase is intended to address the industry standards for vehicle replacement.

Procurement of Fire Apparatus
The City’s administrative policy for the procurement of City vehicles encourages the use of “cooperative purchasing agents” rather than use of a Request for Proposals process to acquire vehicles. Cooperative arrangements can significantly expedite procurement by utilizing another governmental entity’s competitive solicitation process. The procurement would be through HGACBuy, a large cooperative purchasing agent serving numerous cities in California as well as throughout the nation.

Financing for Fire Apparatus
Approval of the lease-purchase financing is conditioned upon the Council’s approval of the terms that are attached to this report. Staff has obtained a letter of intent from JP Morgan Chase Bank to finance the purchase in the amount of $2,482,875 over a 12-year period at a maximum interest rate of 4.75%. This financing will spread the costs of the apparatus purchase over several years and minimize the budget impact in the current fiscal year. Lease payments will be approximately $275,000 annually. The term of the loan will more closely align with the expected life cycle of the apparatus.

Resolution 26-73 is necessary to allow reimbursements of City costs prior to the execution of lease purchase documents with JP Morgan Chase Bank. To finance that payment (and any other expenditures made before the financing agreement is executed) on a tax-exempt basis, federal income tax regulations require that the City 133
Golden State Fire Pumper Financing
August 19, 2026

Page 2 ends

declare its official intent to reimburse those expenditures from the proceeds of the debt. The City may only reimburse expenditures made not more than 60 days prior to the declaration of intent made in Resolution 26-73.

ANALYSIS
The City has procured its Pierce vehicles to serve as fire apparatus since 1999. It should be noted that maintenance of the Fire Department vehicles is currently contracted through West Sacramento-based firms who maintain the department’s existing Pierce vehicles, and maintenance of the new vehicles would also be with West Sacramento-based vendors. The manufacturing and delivery of the vehicles is estimated to take approximately 60 months.

The City has an existing banking relationship with JP Morgan Chase Bank and this will be the second leasepurchase financing the City has entered into with them. The business terms provided by JP Morgan Chase Bank include a 4.75% interest rate and a 12-year term. Payments will be made semi-annually. At the end of the lease term the City will take ownership of the financed equipment.

Resolution 26-73 is required to meet Internal Revenue Service requirements for tax-exempt financings. For example, this “Intent to Reimburse” resolution would allow staff to pay invoices prior to the lease financing becoming available. The City Council has approved similar resolutions with the three previous equipment leases with U.S. Bank.

Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
The City has a Strategic Plan goal to achieve a Financially Sound City Government. Managing existing debt to achieve savings is a critical tool available to the Administrative Services Department to achieve that goal.

Financing the fire apparatus over multiple years will allow flexibility in budgeting rather than incurring the capital costs in one fiscal year.

Alternatives
As an alternative to the recommended action, the Council could: 1) reject the award of contract under purchasing alliances with other governmental jurisdictions under the City’s adopted Administrative Policy and instead recommend that staff issue its own Request for Proposals obtain multiple quotes from various lenders and return for approval of financing once competitive bids have been received; or 2) not approve staff’s recommendation to lease-finance the purchase of the vehicle, though this authorization was provided by Council with adoption of the budget, so neither of the alternatives are recommended.

Coordination and Review
This staff report was coordinated with the City’s Fire Department.

Budget/Cost Impact
The total cost for the two (2) type 1 pumpers and associated equipment is $2,482,875.04. Financing the capital investment is proposed to be funded through a lease-purchase agreement with JP Morgan Chase Bank over a 12-year period and will involve debt service payments of approximately $275,000 annually. The JP Morgan Chase Bank loan will be secured at the current day’s favorable rates for municipal debt at a maximum interest rate of 4.75%.

ATTACHMENTS

1. Resolution 26-73

2. Type 1 Fire Pumper Bid Proposal
134
Attachment 1
RESOLUTION 26-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING THE FINANCING OF CERTAIN TYPE 1 FIRE PUMPERS
WHEREAS, the City Council adopted the Operations and Maintenance (O&M) budget for Fiscal Year 2026-27 on June 17, 2026 via Resolution 26-66; and WHEREAS, the adopted budget includes an annual appropriation of $275,000 from the General Fund to cover annual debt payments related to the purchase of two (2) Pierce Type 1 Pumper for the Fire Department; and
WHEREAS, the City anticipates that it will issue debt obligations in the form of a lease agreement, the payments under which would contain a separately stated interest component for the purpose of financing the Project costs on a long-term basis; and WHEREAS, the City’s obligations under the lease agreement will be considered debt for federal income tax purposes; and
WHEREAS, the maximum principal amount of such debt expected to be issued to finance the Project costs is $2,482,875.04; and
WHEREAS, the City expects to pay on and after the date hereof certain Project costs (“the Expenditures”); and
WHEREAS, in order to obtain favorable treatment of expenditures of proceeds of the debt obligations used to reimburse the Expenditures, Treasury Regulations section 1.150-2 requires the City to declare its official intent to reimburse the Expenditures with proceeds of debt.

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

1. Findings. The City Council hereby finds and determines that the foregoing recitals are true and correct.

2. Approval of Financing. The City Manager is authorized to execute a lease agreement with JP Morgan Chase Bank in the amount of $2,482,875.04 for a term not to exceed 12 years and an interest rate not to exceed 4.75%.

3. Official Intent. The City hereby states that it reasonably expects to reimburse the Expenditures with proceeds of debt to be incurred by the City. The foregoing statement is a declaration of official intent that is made under and only for the purpose of establishing compliance with the requirements of Treasury Regulations section 1.150-2. This resolution does not bind the City to make any expenditure of Project costs or to incur any debt for the Project.

4. Capital Expenditures. Each Expenditure will be: (a) of a type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), and (b) complies with all applicable Treasury regulations.

5. Reimbursement Allocations. The City will make a reimbursement allocation, which is a written allocation by the City that evidences the City’s use of proceeds of debt to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid.

6. Effective Date. This resolution shall take effect immediately upon its passage. 135
Resolution 26-73

Page 2 ends

APPROVED, PASSED, AND ADOPTED this 19th day of August 2026, by the City Council of the City of West Sacramento by the following vote:

AYES:

NOES:

ABSENT:
___________________________________
Martha Guerrero, Mayor
ATTEST:
________________________________
Jennifer Cusmir, City Clerk
136
PREPARED ESPECIALLY FOR:

CITY OF

WEST SACRAMENTO
Two (2) Pierce Manufacturing, Inc.

Enforcer 1500 GPM Type 1 Fire Engines

Docusign Envelope ID: 137F6AB9-76E9-87E9-8123-24777CA6BC8A 137
Product Proposal
Standard Terms and Conditions (Exhibit A)
Product Specifications (Exhibit B)
▪ Supporting Documents (If Applicable)
◦ Electrical Analysis
◦ Turning Radius Report
Product Warranties (Exhibit C)
Dealer Supplied Products and/or Services (Exhibit D)

TABLE OF CONTENTS
1 2
3 4
5 goldenstatefire.com
Docusign Envelope ID: 137F6AB9-76E9-87E9-8123-24777CA6BC8A 138
JROGHQVWDWHĆUHFRP
PRODUCT 1 PROPOSAL
Docusign Envelope ID: 137F6AB9-76E9-87E9-8123-24777CA6BC8A 139

OPTION A
100% PRE-PAYMENT
This will be the price of the Product(s)
contingent upon the Customer paying the
Grand Total Purchase Price to GSFA within
thirty (30) calendar days of the Executed Date
pursuant to the Payment Terms
Please note this discount is also available contingent upon a Third Party (Leasing Company) paying 100% of the Grand Total Purchase Price on behalf of the Customer to GSFA within thirty (30) calendar days of the Executed Date pursuant to the Payment Terms

IF YOU ELECT THIS OPTION,

IT RESULTS IN A SAVINGS OF
($367,600.82) OFF

OF THE GRAND TOTAL OF OPTION B
Docusign Envelope ID: 137F6AB9-76E9-87E9-8123-24777CA6BC8A 140
goldenstatefire.com
7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
PRODUCT PROPOSAL FOR:

City of West Sacramento
2040 Lake Washington Blvd.

West Sacramento, CA 95691
Sales Consultant
Mike Martinez
[email protected]
Mobile: (916) 704-7755
Golden State Fire Apparatus, Inc. (“GSFA”) is pleased to provide this proposal for the fire apparatus(es) and equipment identified below (the "Product”) to CITY OF WEST SACRAMENTO (“Customer”) for consideration. This proposal (this “Product Proposal”) includes the following exhibits attached hereto: the Standard Terms and Conditions attached as Exhibit A (the “Terms and Conditions”); the Product Specifications attached as Exhibit B (the “Specifications”); the Product Warranties attached as Exhibit C; and the Dealer Supplied Products and/or Services attached as Exhibit D (the “Dealer Supplied Products/Services List”) (all of the foregoing, collectively, the “Agreement”). Through its signature below or other Acceptance (as defined on page 2), Customer acknowledges having received and read, and agrees to be bound by, the Agreement. The Agreement shall be effective as of the latest date appearing in the signature blocks below (the “Executed Date”).

PAYMENT TERMS – Customer shall pay the total purchase price set forth directly above (the “Grand Total Purchase Price”) to GSFA within thirty (30) calendar days of the Executed Date. If payment of the Grand Total Purchase Price is late, a late fee as specified in section 6 of the Terms and Conditions may be applied, and the Prepayment Discount may be adjusted, and the Grand Total Purchase Price increased in accordance with section 2.c of the Terms and Conditions. Customer shall pay any balance due as a result of Change Orders as described in the Terms and Conditions.

MANUFACTURER – Customer acknowledges that GSFA is not an agent of the Product manufacturer identified above (“Manufacturer”) and is not capable of binding Manufacturer. Within five (5) business days of the Executed Date, GSFA shall submit SUBMITTED DATE EXPIRATION DATE GSFA PROPOSAL # MANUFACTURER BID # MANUFACTURER CONSORTIUM 07/21/2026 08/31/2026 40721-26A 1020 Pierce
Manufacturing Inc.

HGAC contract FS12-
23, Model 23P-105

ITEM PRODUCT DESCRIPTION EXTENDED PRICE
A Two (2) Pierce Manufacturing, Inc. Enforcer 1500 GPM Type 1 Fire Engines 2,365,554.00 B Fire Fighting Equipment 300,000.00
C Fire Fighting Equipment Mounting Fund 50,000.00
D Electronic Equipment Mounting Fund 5,000.00
E Discount for HGAC contract FS12-23, Model 23P-105 (118,277.70) F Discount for 100% Payment at Time of Order (the “Prepayment Discount”) (335,598.00) G SUBTOTAL 2,266,678.30
H 9.25% State Sales Tax 209,667.74
I California Tire Fee 21.00
J 100% Payment and Performance Bond 6,508.00
K GRAND TOTAL PURCHASE PRICE 2,482,875.04
Docusign Envelope ID: 137F6AB9-76E9-87E9-8123-24777CA6BC8A 141
goldenstatefire.com
7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
an order form to the Manufacturer for the Product. GSFA’s further performance under the Agreement is contingent upon Manufacturer’s acceptance of such order form at the price and on the terms GSFA believed to be available when submitting this Product Proposal to Customer. If Manufacturer rejects such order as submitted or fails to respond to GSFA within a reasonable amount of time, GSFA shall notify Customer in writing, and unless GSFA and Customer otherwise agree in writing, the Agreement shall then terminate and have no further force or effect.

PRODUCT COMPLETION – The Product shall be ready for final inspection by Customer at the manufacturing facility within approximately 46.5 to 49.5 MONTHS after the Executed Date. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PREDELIVERY SERVICE – If applicable, after transportation from the manufacturing facility and prior to final delivery or pick up, the Product shall receive those additional Products and/or services identified on the Dealer Supplied Products/Services List. It is estimated that such a service will add approximately 0.5 to 1 MONTH(S) to the above Product completion estimate. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PROPOSAL EXPIRATION – This Product Proposal supersedes any previous proposal(s) presented to Customer by GSFA and its employees and may be accepted by Customer on or before the Expiration Date identified above. Unless accepted by the Expiration Date, GSFA reserves the right to withdraw this Product Proposal or to alter its terms (including by providing updated Product pricing) prior to an order being accepted.

PURCHASE ORDER – Any PO shall be made out to: Golden State Fire Apparatus, Inc. – 7400 Reese Road – Sacramento, CA 95828.

ACCEPTANCE – ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN GSFA AND CUSTOMER. “ACCEPTANCE” MEANS THAT THE CUSTOMER DELIVERS TO GSFA: (A) A SIGNED COPY OF THIS PRODUCT PROPOSAL, OR (B) A SIGNED COPY OF A PURCHASE ORDER INCORPORATING THE AGREEMENT IN ITS ENTIRETY. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER’S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED AND OF NO EFFECT UNLESS APPROVED IN WRITING SIGNED BY GSFA.

COUNTERPARTS - This Product Proposal may be executed in multiple counterparts, each of which shall be deemed an original (including copies sent to a party by electronic transmission) as against the party signing such counterpart, but which together shall constitute one and the same instrument. A signed copy of this Product Proposal delivered by facsimile, email or other means of electronic transmission will be deemed to have the same legal effect as delivery of an original signed copy of this Product Proposal.

If this Product Proposal is returned to GSFA with the signature of Customer’s authorized representative but without an attestation or co-signers signature, then absent Customer’s written notice to the contrary, GSFA shall be entitled to rely on such single signature as sufficient evidence of the signatory’s authority to execute the Agreement and bind Customer thereby.

INTENDING TO CREATE A BINDING AGREEMENT, Customer and GSFA have each caused this Product Proposal dated 07/21/2026, GSFA Proposal Number 40721-26A to be executed by their duly authorized representatives effective as of the Executed Date.

ACCEPTED AND AGREED TO BY CUSTOMER ACCEPTED AND AGREED TO BY GSFA __________________________________________________ _________________________________________________ Signature of Authorized Customer Representative Signature of Authorized GSFA Representative

__________________________________________________ _________________________________________________ Print Name Print Name
__________________________________________________ _________________________________________________ Title Title
__________________________________________________ _________________________________________________ Date Date
Docusign Envelope ID: 137F6AB9-76E9-87E9-8123-24777CA6BC8A 142

OPTION B

PAYMENT AT TIME OF DELIVERY OR PICKUP
This will be the price of the Product(s) contingent
upon the Customer paying the Grand Total
Purchase Price to GSFA at time of delivery or pickup
pursuant to the Payment Terms

Docusign Envelope ID: 137F6AB9-76E9-87E9-8123-24777CA6BC8A 143
goldenstatefire.com
7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
PRODUCT PROPOSAL FOR:

City of West Sacramento
2040 Lake Washington Blvd.

West Sacramento, CA 95691
Sales Consultant
Mike Martinez
[email protected]
Mobile: (916) 704-7755
Golden State Fire Apparatus, Inc. (“GSFA”) is pleased to provide this proposal for the fire apparatus(es) and equipment identified below (the "Product”) to CITY OF WEST SACRAMENTO (“Customer”) for consideration. This proposal (this “Product Proposal”) includes the following exhibits attached hereto: the Standard Terms and Conditions attached as Exhibit A (the “Terms and Conditions”); the Product Specifications attached as Exhibit B (the “Specifications”); the Product Warranties attached as Exhibit C; and the Dealer Supplied Products and/or Services attached as Exhibit D (the “Dealer Supplied Products/Services List”) (all of the foregoing, collectively, the “Agreement”). Through its signature below or other Acceptance (as defined on page 2), Customer acknowledges having received and read, and agrees to be bound by, the Agreement. The Agreement shall be effective as of the latest date appearing in the signature blocks below (the “Executed Date”).

PAYMENT TERMS – Customer shall pay the total purchase price set forth directly above (the “Grand Total Purchase Price”) to GSFA no later than the time of GSFA’s delivery of the applicable Product to Customer’s address listed above (or Customer’s pick up of such Product at GSFA’s facilities, if approved by GSFA). GSFA shall have no obligation to deliver, or permit pick up of the Product if the Customer does not have full payment ready when the Product is complete and ready to deliver or pick up, as applicable. Customer shall pay any balance due as a result of Change Orders as described in the Terms and Conditions.

MANUFACTURER – Customer acknowledges that GSFA is not an agent of the Product manufacturer identified above (“Manufacturer”) and is not capable of binding Manufacturer. Within five (5) business days of the Executed Date, GSFA shall submit an order form to the Manufacturer for the Product. GSFA’s further performance under the Agreement is contingent upon Manufacturer’s acceptance of such order form at the price and on the terms GSFA believed to be available when submitting this SUBMITTED DATE EXPIRATION DATE GSFA PROPOSAL # MANUFACTURER BID # MANUFACTURER CONSORTIUM 07/21/2026 08/31/2026 40721-26B 1020 Pierce
Manufacturing Inc.

HGAC contract FS12-
23, Model 23P-105

ITEM PRODUCT DESCRIPTION EXTENDED PRICE
A Two (2) Pierce Manufacturing, Inc. Enforcer 1500 GPM Type 1 Fire Engines 2,365,554.00 B Fire Fighting Equipment 300,000.00
C Fire Fighting Equipment Mounting Fund 50,000.00
D Electronic Equipment Mounting Fund 5,000.00
E Discount for HGAC contract FS12-23, Model 23P-105 (118,277.70) F SUBTOTAL 2,602,276.30
G 9.25% State Sales Tax 240,710.56
H California Tire Fee 21.00
I 100% Payment and Performance Bond 7,468.00
J GRAND TOTAL PURCHASE PRICE 2,850,475.86
Docusign Envelope ID: 137F6AB9-76E9-87E9-8123-24777CA6BC8A 144
goldenstatefire.com
7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
Product Proposal to Customer. If Manufacturer rejects such order as submitted or fails to respond to GSFA within a reasonable amount of time, GSFA shall notify Customer in writing, and unless GSFA and Customer otherwise agree in writing, the Agreement shall then terminate and have no further force or effect.

PRODUCT COMPLETION – The Product shall be ready for final inspection by Customer at the manufacturing facility within approximately 46.5 to 49.5 MONTHS after the Executed Date. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PREDELIVERY SERVICE – If applicable, after transportation from the manufacturing facility and prior to final delivery or pick up, the Product shall receive those additional Products and/or services identified on the Dealer Supplied Products/Services List. It is estimated that such a service will add approximately 0.5 to 1 MONTH(S) to the above Product completion estimate. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PROPOSAL EXPIRATION – This Product Proposal supersedes any previous proposal(s) presented to Customer by GSFA and its employees and may be accepted by Customer on or before the Expiration Date identified above. Unless accepted by the Expiration Date, GSFA reserves the right to withdraw this Product Proposal or to alter its terms (including by providing updated Product pricing) prior to an order being accepted.

PURCHASE ORDER – Any PO shall be made out to: Golden State Fire Apparatus, Inc. – 7400 Reese Road – Sacramento, CA 95828.

ACCEPTANCE – ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN GSFA AND CUSTOMER. “ACCEPTANCE” MEANS THAT THE CUSTOMER DELIVERS TO GSFA: (A) A SIGNED COPY OF THIS PRODUCT PROPOSAL, OR (B) A SIGNED COPY OF A PURCHASE ORDER INCORPORATING THE AGREEMENT IN ITS ENTIRETY. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER’S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED AND OF NO EFFECT UNLESS APPROVED IN WRITING SIGNED BY GSFA.

COUNTERPARTS - This Product Proposal may be executed in multiple counterparts, each of which shall be deemed an original (including copies sent to a party by electronic transmission) as against the party signing such counterpart, but which together shall constitute one and the same instrument. A signed copy of this Product Proposal delivered by facsimile, email or other means of electronic transmission will be deemed to have the same legal effect as delivery of an original signed copy of this Product Proposal.

If this Product Proposal is returned to GSFA with the signature of Customer’s authorized representative but without an attestation or co-signers signature, then absent Customer’s written notice to the contrary, GSFA shall be entitled to rely on such single signature as sufficient evidence of the signatory’s authority to execute the Agreement and bind Customer thereby.

INTENDING TO CREATE A BINDING AGREEMENT, Customer and GSFA have each caused this Product Proposal dated 07/21/2026, GSFA Proposal Number 40721-26B to be executed by their duly authorized representatives effective as of the Executed Date.

ACCEPTED AND AGREED TO BY CUSTOMER ACCEPTED AND AGREED TO BY GSFA __________________________________________________ _________________________________________________ Signature of Authorized Customer Representative Signature of Authorized GSFA Representative

__________________________________________________ _________________________________________________ Print Name Print Name

__________________________________________________ _________________________________________________ Title Title

__________________________________________________ _________________________________________________ Date Date
Docusign Envelope ID: 137F6AB9-76E9-87E9-8123-24777CA6BC8A 145

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2026 ITEM # 12
SUBJECT:

CONSIDERATION OF THE TREASURER’S QUARTERLY FINANCIAL REPORT ON THE CITY’S INVESTMENT PORTFOLIO FOR THE PERIOD ENDING MARCH 31, 2026 AND ANNUAL UPDATES TO THE CITY’S INVESTMENT POLICY
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Becky Robertson, Finance Manager
Finance Department
ATTACHMENT [X] Yes [ ] No [X] Information [ ] Direction [ ] Action

OBJECTIVE
The purpose of this report is to provide the City Council with the treasurer’s quarterly report on the City’s investment portfolio for the quarter ending March 31, 2026 as outlined by the Government Code 53646(b)(1) and to propose updates to the City’s Investment Policy consistent with applicable Government Code.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council receive and file the Treasurer’s Quarterly Financial Report on the City’s investment portfolio for the period ending March 31, 2026 and approve the recommended updates to the City’s investment policy.

BACKGROUND
City’s Investment Program
All local agencies are required to file regular financial reports with their legislative body on the status of their investment portfolio. One of the roles of the City’s Finance Department, is to manage investments of the City to ensure that cash flow needs are met while maximizing the investment portfolio.

The funds invested in the City’s treasury comprise pooled cash from all Funds in the City’s General Ledger, including funds held in Trust for other agencies (i.e., the Yolo-Sacramento Port District and West Sacramento Flood Control Agency (WSAFCA JPA). City staff structure investment maturities in such a way to optimize return while ensuring enough liquid funds are available to meet the operating and capital needs of the City and agencies for which the City acts as Treasurer. The pooled cash also includes impact fee revenues collected from developers and set aside until sufficient funds are available to implement the capital projects for which they were collected, and reserve funds for budget stabilization to ensure fiscal stability of the City and its various services to the community.

It should be noted that the majority of the funds held in the City’s treasury are legally restricted and may only be used for the purposes for which they are collected. Moreover, the funds may only be invested in investments permitted by California Government Code 53600 (Code) et. al, and the City’s investment policy.

Under section 53646(b)(1) of the Government Code, the City Treasurer may prepare and transmit a quarterly financial report to the City Council on the City’s investment portfolio. This report includes:

1. The type of investment, issuer, date of maturity, and par and dollar amount invested on all securities, investments and funds held by the City;

2. A current market value as of the date of the report;

3. A stated compliance of the portfolio to the statement of the City’s adopted investment policy, or manner in which the portfolio is not in compliance; and

4. A statement denoting the ability of the local agency to meet its pool’s expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall or may not be available. Once a year, the statement of investment policy is included in the report.

This quarterly report is produced in a format designed to provide stakeholders a broad profile of the City’s Investment Portfolio. While staff is only transmitting portions of the report with key investment results, a full report with additional detail is available upon request.
146
Quarterly Treasurer’s Report Ending March 31, 2026
August 19, 2026

Page 2 ends

Analysis
This quarterly financial update gives a snapshot of how the City’s pooled investment funds were doing as of March 31, 2026. At the end of the quarter, the City’s investments had a book value of approximately $344.8 million in invested funds and the market value of those investments was about $345.8 million. This difference means that if the City were to sell those investments on the open market as of March 31, City would receive $1.0 million more than the book value for these funds. On top of that, the City has earned around $1.9 million in interest that hasn’t yet been paid out. Book Value is what was paid for the investments, adjusted over time.

Market Value is what the funds are worth today based on current interest rates and market demand. When interest rates go up, the market value of existing investments usually goes down, and vice versa.

Importantly, the City has cash available to pay its bills for the next six months and beyond. Two of the most flexible investment accounts in the City’s portfolio are LAIF (a State-run pool) and CAMP (another local government pool). These two accounts make up approximately 16.1% of the investment portfolio and can be accessed in just one day if needed. The City also had approximately $49.3 million in cash in its regular bank account as of March 31, which fluctuates based on day-to-day expenses.

The rest of the funds is invested in a mix of safe, longer-term investments that follow strict rules set by state law and the City’s own policies. City staff and consultant keep a close eye on how these investments are spread out (by type, maturity date, and issuer), and make adjustments regularly to respond to changes in the market. On average, investments are set to mature in about 649 days which is slightly over two years.

The overall goal of the City’s investment approach is to keep tax dollars safe, accessible, and earning a reasonable return. City staff, together with the City’s investment adviser, keep a close watch on market trends and risks to make sure the portfolio stays strong.

City of West Sacramento Consolidated Sector Allocation
March 31, 2026 December 31, 2025
Agency

1.0%
Agency CMBS

8.8%
Asset Backed
Security

6.9%
Cash

6.3%
Corporate

20.5%
LAIF

15.5%
Local Gov
Investment
Pool

1.9%
Money Market
Fund

0.2%
Municipal
Bonds

0.8%
Supranational

2.7%
US Treasury

35.3%
Agency

0.9%
Agency CMBS

8.0%
Asset Backed
Security

6.3%
Cash

16.0%
Corporate
LAIF 18.5%

14.0%
Local Gov
Investment Pool

1.7%
Money Market
Fund

0.5%
Municipal Bonds

0.7%
Supranational

2.4%
US Treasury

31.0%

32.7%

5.3%

9.4%

14.3%

38.3%

25.8%

5.6%

8.3%

14.4%

45.9%
0%
10%
20%
30%
40%
50%
60%
70%
0-0.50 0.50-1 1-2 2-3 3-5
3/31/2026 12/31/2026
City of West Sacramento Consolidated Maturity Distribution 147
Quarterly Treasurer’s Report Ending March 31, 2026
August 19, 2026

Page 3 ends

As of March 31, 2026, the City’s main investment portfolio (not including cash, LAIF, or CAMP) had a duration of 2.50 years which is a measure of how sensitive the portfolio is to interest rate changes. This is right in line with the City’s performance and risk-measuring benchmark. The City has also continued to maintain a healthy balance by diversifying across different sectors, issuers, and timelines.

Discussion of Performance
The following is a summary of the City’s holdings by investment type, including each sector’s yield to maturity.

Yield to maturity measures the interest income the City is expected to earn for the coming 12 months, assuming nothing in the portfolio changes. As of March 31, 2026, the weighted average yield to maturity of the City’s consolidated investments (including cash, LAIF, and CAMP) was 3.63%:

Investment Type Par Value Market Value Book Value % of
Portfolio
Days to
Maturity
Yield to
Maturity
Agency $3,200,000.00 $3,204,355.60 $3,197,986.02 0.93% 767 3.90% Agency CMBS $28,704,809.47 $27,707,500.95 $27,518,936.88 8.01% 1,051 4.41% Asset Backed Security $22,248,975.35 $22,340,129.01 $22,241,515.14 6.46% 1,121 4.69% Cash $49,337,391.28 $49,337,391.28 $49,337,391.28 14.27% 1 0.64% Corporate $65,101,000.00 $65,225,553.64 $65,014,553.06 18.86% 1,219 4.43% LAIF $49,516,916.94 $49,516,916.94 $49,516,916.90 14.32% 1 3.82% Local Gov Investment Pool $6,099,467.97 $6,099,467.97 $6,095,467.97 1.76% 1 3.80% Money Market Fund $1,865,655.74 $1,865,655.74 $1,865,655.74 0.54% 1 3.54% Municipal Bonds $2,400,000.00 $2,442,304.80 $2,406,883.98 0.71% 1,219 4.41% Supranational $8,625,000.00 $8,621,741.25 $8,543,139.81 2.49% 880 3.50% US Treasury $109,530,000.00 $109,391,561.79 $109,096,043.51 31.64% 752 3.97% Grand Total $346,629,216.75 $345,752,578.97 $344,834,490.29 100% 649 3.63% The portfolio’s return comprises interest income as well as fair value appreciation, both of which are a function of movements in interest rates available in the capital markets. Interest income continues to be robust (the investment portfolio of securities is expected to earn was also 4.23% (purchase yield) for the next year (up from

4.17% last quarter; when LAIF, CAMP and cash are included the expected earnings are 3.63%). The City’s reinvestment yield (market yield) has been hovering in the 3.53%. Staff continues to work closely with the City’s investment adviser to diversify the portfolio in order to improve safety, liquidity, and return. In the current quarter, staff will continue to evaluate liquidity needs and, where possible, continue the investment in longer-duration securities.

Economic Outlook
The conflict in Iran continues to influence global markets, with Brent crude reaching a four-year high in late April before easing in May amid speculation of a truce. Headline inflation has accelerated, diverging from more stable core measures, while consumer sentiment has weakened due to ongoing uncertainty. Meanwhile, the labor market remains stable. Taken together, the Iran-driven energy shock and steady employment conditions have further narrowed the window for near-term policy easing.

The Federal Open Market Committee (FOMC) held the federal funds rate at 3.50% to 3.75% at the April meeting on an 8-4 vote, the most dissents at any meeting since October 1992. Governor Stephen Miran sought a quarterpoint cut, while Beth Hammack, Neel Kashkari, and Lorie Logan opposed maintaining an easing bias. The session concluded Jerome Powell's tenure as Chairman of the Federal Reserve, with Kevin Warsh sworn in as Chair on May 22nd. Powell will remain on the Board of Governors. April meeting minutes revealed a shift away from prior dovish guidance, with members debating whether rate hikes may be required if inflation pressures persist.

City’s Investment Policy
The City’s investment program is governed by the City’s investment policy which is subject to California Government Code § 53600 et. al. (Code). Periodic updates to Code from California lawmakers provide the City an opportunity to update the provisions that govern the City’s investments. Staff, working with the City’s investment advisor, reviews the City’s investment policy annually for compliance with Code, as well as inclusion of best practices. There were changes to Code for this year. Staff recommends the changes to Code be adopted, along with other changes considered best practices:
148
Quarterly Treasurer’s Report Ending March 31, 2026
August 19, 2026

Page 4 ends

• Final Maturity: Staff recommends extending final maturity from five to seven years for municipal securities, federal agencies, and U.S. Treasury obligations. Code allows investments in these sectors to be purchased in maturities longer than five years, and doing so will provide the City additional opportunities to diversify maturities while maintaining its target duration of approximately 2.5 years. • Concentration Limit and New Maturity Limit for Commercial Paper: In 2020, SB 998 allowed local governments that are not a county or city and county and had at least $100 million in investible assets to purchase up to 40% in commercial paper this provision was due to expire January 1, 2026. Pursuant to SB 595, this sunset date has been extended to January 1, 2031. SB 595 also extends the maximum permitted maturity for commercial paper to 397 days from 270 days. Staff recommend adoption of both provisions as both provide the City more flexibility with its investment program. • Zero-Interest Rate Accrual Provision Extension: In 2020, SB 998 allowed local governments in hold securities that could result in a zero-interest rate accrual in the case that the Federal Reserve opted to implement a zero-interest rate policy in the United States. The provision limited this investment exposure to governmental securities only. This provision was due to expire on January 1, 2026, but has now been extended to January 1, 2031.

Environmental Considerations
Not Applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
The City’s mission includes a City Government that is Financially Sound, and the Council’s goal for achieving a Financially Sound City Government is furthered by investing the City treasury in a manner that ensures safety and liquidity first, and where possible a yield on “excess cash”. The preparation of regular quarterly reports on the City’s investments supports the mission and this goal.

Alternatives
Since this agenda report transmits a quarterly financial report pursuant to Government Code section 53646(b) (1), alternatives have not been presented.

Coordination and Review
Not applicable
Budget/Cost Impact
The investment portfolio, as a whole, earned returns at least consistent with the revenue estimates contained in the budget.

ATTACHMENTS

1. Excerpts from Chandler Asset Management Investment Report (March 31, 2026)

2. Proposed Investment Policy (IV-C-2) – Redline

3. Proposed Investment Policy (IV-C-2) - Clean
149

PORTFOLIO SUMMARY
End Values as of
02/28/2026
End Values as of
03/31/2026
Total Market Value 356,462,964.07 347,676,800.94
Par
ATTACHMENT 1
150

STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes

AGENCY MORTGAGE SECURITIES

COMMERCIAL PAPER

CORPORATE MEDIUM TERM NOTES
ATTACHMENT 1
151

STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes

FEDERAL AGENCIES

MUTUAL FUNDS
ATTACHMENT 1
152

STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
U.S. TREASURIES
ATTACHMENT 1
153

PORTFOLIO CHARACTERISTICS
City of West Sacramento Operating Portfolio | Account #10675 | As of March 31, 2026 Benchmark* 3/31/2026
Portfolio
12/31/2025
Portfolio
Average Maturity (yrs) 2.65 2.96 3.08
Average Modified Duration 2.47 2.50 2.62
Average Purchase Yield 4.19% 4.17%
Average Market Yield 3.84% 4.05% 3.78%
Average Quality** AA+ AA+ AA+
Total Market Value 242,726,781 242,052,816
*Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index **The credit quality is a weighted average calculation of the highest of S&P, and Fitch. 20 ATTACHMENT 1
154

PORTFOLIO CHARACTERISTICS
City of West Sacramento Reporting Portfolio | Account #10676 | As of March 31, 2026 3/31/2026
Portfolio
12/31/2025
Portfolio
Average Maturity (yrs) 0.00 0.00
Average Modified Duration 0.00 0.00
Average Purchase Yield 2.33% 3.11%
Average Market Yield 2.33% 3.11%
Average Quality** AAA AAA
Total Market Value 104,950,020 74,734,302
*Benchmark: NO BENCHMARK REQUIRED
**The credit quality is a weighted average calculation of the highest of S&P, and Fitch. 27 ATTACHMENT 1
155

PORTFOLIO CHARACTERISTICS
City of West Sacramento Cons Portfolio | Account #10677 | As of March 31, 2026 3/31/2026
Portfolio
12/31/2025
Portfolio
Average Maturity (yrs) 2.06 2.35
Average Modified Duration 1.74 2.00
Average Purchase Yield 3.63% 3.92%
Average Market Yield 3.53% 3.62%
Average Quality** AA+ AA+
Total Market Value 347,676,801 316,787,117
*Benchmark: NO BENCHMARK REQUIRED
**The credit quality is a weighted average calculation of the highest of S&P, and Fitch. 30 ATTACHMENT 1
156

HOLDINGS REPORT
Cusip Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
ABS
ATTACHMENT 1
157

HOLDINGS REPORT
Cusip Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Total ABS 22,248,975.35 4.69%
22,239,296.67
22,241,515.16
100.41

4.13%
22,340,129.01
41,440.77

9.28%
98,613.85

3.07 1.15
AGENCY
Total Agency 3,200,000.00 3.90%
3,195,692.00
3,197,986.03
100.14

3.81%
3,204,355.60
26,393.06

1.33%
6,369.57

2.10 1.98

AGENCY CMBS
ATTACHMENT 1
158

HOLDINGS REPORT
Cusip Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Total Agency CMBS 28,704,809.47 4.41%
27,033,484.59
27,518,936.88

96.62 4.09%
27,707,500.95
71,302.77

11.51%
188,564.06

2.88 2.61
CASH
ATTACHMENT 1
159

HOLDINGS REPORT
Cusip Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Total Cash 3,756.20
3,756.20
3,756.20

1.00 3,756.20

0.00 0.00%

0.00 0.00

0.00 CORPORATE
ATTACHMENT 1
160

HOLDINGS REPORT
Cusip Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
ATTACHMENT 1
161

HOLDINGS REPORT
Cusip Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
ATTACHMENT 1
162

HOLDINGS REPORT
Cusip Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Total Corporate 65,101,000.00 4.43%
64,876,542.40
65,014,553.07
100.21

4.40%
65,225,553.64
699,504.02

27.09%
211,000.57

3.34 2.86

MONEY MARKET
FUND
Total Money
Market Fund 1,865,655.74 3.54%
1,865,655.74
1,865,655.74

1.00 3.54%
1,865,655.74

0.00 0.77%

0.00 0.00

0.00 MUNICIPAL
BONDS
Total Municipal
Bonds 2,400,000.00 4.41%
2,409,753.35
2,406,883.98
101.76

3.93%
2,442,304.80
18,000.00

1.01%
35,420.82

3.34 3.05

SUPRANATIONAL
ATTACHMENT 1
163

HOLDINGS REPORT
Cusip Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Total
8,625,000.00 3.50%
8,463,493.00
8,543,139.81

99.97 3.85%
8,621,741.25
65,369.39

3.58%
78,601.44

2.41 2.22

US TREASURY
ATTACHMENT 1
164

HOLDINGS REPORT
Cusip Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
ATTACHMENT 1
165

HOLDINGS REPORT
Cusip Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Total US Treasury 109,530,000.00 3.97%
108,660,349.70
109,096,043.47

99.88 3.86%
109,391,561.79
1,002,211.96

45.43%
295,518.32

2.84 2.61
241,679,196.76 4.19%
238,748,023.64
239,888,470.34

98.90 4.05%
240,802,558.98
1,924,221.97
100.00%
914,088.64

2.96 2.50
Total Market Value
+ Accrued 242,726,780.95
ATTACHMENT 1
166
Attachment 32
1 CITY OF WEST SACRAMENTO
ADMINISTRATIVE POLICY NUMBER: IV-C-2
DATE: September 8, 1992
Revised: February 1, 1999
Revised: October 15, 2014
Revised: November 1, 2017
Revised: August 21, 2019
Revised: June 16, 2021
Revised: May 17, 2023
Revised: June 5, 2024
Revised: August 19, 2026
SUBJECT: INVESTMENT POLICY AUTHORITY: City Council

PURPOSE
This policy sets forth the procedural regulations for investing surplus funds. The intent of the Investment Policy of the City of West Sacramento is to define the parameters within which funds are to be managed.

POLICY
In methods, procedures, and practices, the policy formalizes the framework for the City’s investment activities that must be exercised to ensure effective and judicious fiscal and investment management of the City’s funds. The guidelines are intended to be broad enough to allow the investment officer to function properly within the parameters of responsibility and authority, yet specific enough to safeguard the investment assets.

PROCEDURE
A. SCOPE
This policy applies to the investment of surplus operating and capital funds and proceeds from certain bond issues. It conforms to best practices as outlined by Government Finance Officers Association, Association of Public Treasurers of the United States and Canada, and California Municipal Treasurers’ Association.

1. Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.

B. GENERAL OBJECTIVES
The primary objectives, in priority order, of investment activities shall be safety, liquidity, and return.

1. Safety: Safety of principal is the foremost objective of the investment program.

Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments by investing funds among a variety of securities with independent returns. The objective will be to mitigate credit risk and market risk, further explained below. 167
Administrative Policy IV-C-2
Investment Policy
(continued)
2 2. Liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). A portion of the portfolio also may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds.

3. Return: The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed.

C. STANDARDS OF CARE

1. Prudence: The standard of prudence to be used by investment officials shall be the “prudent investor” standard (California Government Code section 53600.3) and shall be applied in the context of managing an overall portfolio. Pursuant to this section of Code, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.” Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy.

2. Ethics and Conflicts of Interest: Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/ investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City.

3. Delegation of Authority: Authority to manage the investment program is granted to the Director of Finance/City Treasurer, hereinafter referred to as investment officer, and derived from California Government Code, Sections 41006 and 53600 et seq as well as 168
Administrative Policy IV-C-2
Investment Policy
(continued)
3 Ordinance 87-12. Responsibility for the operation of the investment program is hereby delegated to the investment officer, who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, and collateral/depository agreements. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the investment officer. The investment officer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City may engage the services of one or more external investment advisers, who are registered under the Investment Advisers Act of 1940, to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy.

The City’s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio’s return and the cash flow requirements of the City.

D. SAFEKEEPING AND CUSTODY

1. Authorized Financial Dealers and Institutions: To the extent practicable, the investment officer shall endeavor to complete investment transactions using a competitive bid process whenever possible. The investment officer will determine which financial institutions are authorized to provide investment services to the City. It shall be the City’s policy to purchase securities only from authorized institutions and firms. A list will be maintained of financial institutions authorized to provide investment services. In addition, a list also will be maintained of approved security broker/dealers selected by creditworthiness (e.g., a minimum capital requirement of $10,000,000 and at least five years of operation). These may include “primary” dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule).

In accordance with Section 53601.5, institutions eligible to transact investment business with the City include:
• Primary government dealers as designated by the Federal Reserve Bank and nonprimary government dealers. • Nationally or state-chartered banks.
• The Federal Reserve Bank.
• Direct issuers of securities eligible for purchase.

Selection of financial institutions and broker/dealers authorized to engage in transactions will be at the sole discretion of the City, except where the City utilizes an external investment adviser in which case the City may rely on the adviser for selection.

All financial institutions and broker/dealers who desire to become qualified for investment transactions must supply the following as appropriate:
• Audited financial statements.
• Proof of National Association of Securities Dealers (NASD) certification. • Proof of state registration.
169
Administrative Policy IV-C-2
Investment Policy
(continued)
4 • Completed broker/dealer questionnaire.
• Certification of having read and understood and agreeing to comply with the City’s investment policy.
• Evidence of adequate insurance coverage.

An annual review of the financial condition and registration of qualified financial institutions and broker/dealers will be conducted by the investment officer.

From time to time, the investment officer may choose to invest in instruments offered by minority and community financial institutions. In such instances, a waiver to the criteria under Paragraph 1 may be granted. All terms and relationships will be fully disclosed prior to purchase and will be reported to the appropriate entity on a consistent basis and should be consistent with state or local law. These types of investment purchases should be approved by the appropriate legislative or governing body in advance.

Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.

Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, best efforts will be made to document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price.

2. Internal Controls: The investment officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. Specifics for the internal controls shall be documented in an investment procedures manual that shall be reviewed and updated periodically by the Investment Officer. An example of such a procedure would include the requirement that the Director of Finance approve trades transacted by other authorized personnel. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management.

Accordingly, the investment officer shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points:
• Control of collusion.
• Separation of transaction authority from accounting and recordkeeping. • Custodial safekeeping.
• Avoidance of physical delivery securities.
170
Administrative Policy IV-C-2
Investment Policy
(continued)
5 • Clear designation of authority to subordinate staff members. • Written confirmation of transactions for investments and wire transfers. • Dual authorizations of wire transfers.
• Staff training.
• Development of a wire transfer agreement with the lead bank and third-party custodian.

3. Delivery vs. Payment: All trades where applicable will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by a third-party custodian as evidenced by safekeeping receipts. The only exception to the foregoing shall be depository accounts and securities purchase made with: Local Agency Investment Fund (LAIF), California Asset Management Program, time certificates of deposit and money market mutual funds, since the purchased securities are not deliverable.

4. Third-Party Safekeeping: Securities will be held by an independent third-party safekeeping institution selected by the City. All securities will be evidenced by safekeeping receipts in the City’s name. The safekeeping institution shall annually provide a copy of its most recent report on internal controls – Service Organization Control Reports (formerly 70, or SAS 70) prepared in accordance with the Statements of Standards for Attestation Engagements (SSAE) No. 16 (effective June 15, 2011).

E. SUITABLE AND AUTHORIZED INVESTMENTS

1. Investment Types: Investments shall be placed to conform to those allowable under the State of California Government Code section 53600 et seq. Within the investments permitted by the Code, the City seeks to further restrict eligible investments to the guidelines listed below. Consistent with the GFOA Policy Statement and Local Laws Concerning Investment Practices, the following investments will be permitted by this policy and are those defined by state and local law where applicable. If additional types of securities are approved for investment by public funds by state statute, they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits and minimum credit quality requirements listed in this section apply at the time the security is purchased.

Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.

An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual issuers.

Authorized securities include:
171
Administrative Policy IV-C-2
Investment Policy
(continued)
6 A. Municipal Securities include obligations of the City, the State of California and any local agency within the State of California, provided that:
• The securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”). • No more than 5% of the portfolio may be invested in any single issuer. • No more than 30% of the portfolio may be in Municipal Securities. • The maximum maturity does not exceed five seven (57) years.

B. Municipal Securities (Registered Treasury Notes or Bonds) of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
• The securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”). • No more than 5% of the portfolio may be invested in any single issuer. • No more than 30% of the portfolio may be in Municipal Securities. • The maximum maturity does not exceed five seven (57) years.

C. U.S. Treasuries and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in U.S. Treasuries, provided that:
• The maximum maturity is five seven (57) years.

D. Federal Agencies or United States Government-Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in Federal Agency or Government-Sponsored Enterprises (GSEs), provided that:
• No more than 30% of the portfolio may be invested in any single Agency/GSE issuer.
• The maximum maturity does not exceed five seven (57) years. • The maximum percent of agency callable securities in the portfolio will be 20%.

E. Banker’s Acceptances, provided that:
• They are issued by institutions which have short-term debt obligations rated “A-1” or its equivalent or better by at least one NRSRO; or long-term debt obligations which are rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
• No more than 40% of the portfolio may be invested in Banker’s Acceptances. • No more than 5% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed 180 days.
172
Administrative Policy IV-C-2
Investment Policy
(continued)
7 F. Commercial Paper, provided that the securities are issued by an entity that meets all of the following conditions in either paragraph (a) or (b) and other requirements specified below:
i. SECURITIES issued by corporations:

1. A corporation organized and operating in the United States with assets more than $500 million.

2. The securities are rated “A-1” or its equivalent or better by at least one NRSRO.

3. If the issuer has other debt obligations, they must be rated in a rating category of “A” or its equivalent or better by at least one NRSRO. ii. SECURITIES issued by other entities:

1. The issuer is organized within the United States as a special purpose corporation, trust, or limited liability company.

2. The securities must have program-wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.

3. The securities are rated “A-1” or its equivalent or better by at least one NRSRO. • City may purchase no more than 10% of the outstanding commercial paper of any single issuer.
• No more than 25% of the portfolio may be invested in Commercial Paper. Under a provision sunsetting on January 1, 20262031, no more than 40% of the portfolio may be invested in Commercial Paper if the Agency’s investment assets under management are greater than $100,000,000.
• No more than 5% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed 270 397 days.

G. Negotiable Certificates of Deposit (NCDs), issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank, provided that:
• The amount of the NCD insured up to the FDIC limit does not require any credit ratings.
• Any amount above the FDIC insured limit must be issued by institutions which have short-term debt obligations rated “A-1” or its equivalent or better by at least one NRSRO; or long-term obligations rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
• No more than 30% of the total portfolio may be invested in NCDs (combined with CDARS).
• No more than 5% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed five (5) years.

H. Federally Insured Time Deposits (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:
173
Administrative Policy IV-C-2
Investment Policy
(continued)
8 • The amount per institution is limited to the maximum covered under federal insurance.
• No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five (5) years.

I. Collateralized Time Deposits (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that:
• No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five (5) years.

J. Certificate of Deposit Placement Service (CDARS), provided that:
• No more than 30% of the total portfolio may be invested in a combination of Certificates of Deposit, including CDARS.
• The maximum maturity does not exceed five (5) years.

K. Collateralized Bank Deposits. City’s deposits with financial institutions will be collateralized with pledged securities per California Government Code, Section 53651.

There are no limits on the dollar amount or percentage that the City may invest in collateralized bank deposits.

L. Repurchase Agreements collateralized with securities authorized under California Government Code, maintained at a level of at least 102% of the market value of the Repurchase Agreement. There are no limits on the dollar amount or percentage that the City may invest, provided that:
• Securities used as collateral for Repurchase Agreements will be delivered to an acceptable third-party custodian.
• Repurchase Agreements are subject to a Master Repurchase Agreement between the City and the provider of the repurchase agreement. The Master Repurchase Agreement will be substantially in the form developed by the Securities Industry and Financial Markets Association (SIFMA).
• The maximum maturity does not exceed one (1) year.

M. State of California Local Agency Investment Fund (LAIF), provided that:
• The City may invest up to the maximum amount permitted by LAIF. • LAIF’s investments in instruments prohibited by or not specified in the City’s policy do not exclude the investment in LAIF itself from the City’s list of allowable investments, provided LAIF’s reports allow the investment officer to adequately judge the risk inherent in LAIF’s portfolio.

N. Local Government Investment Pools
174
Administrative Policy IV-C-2
Investment Policy
(continued)
9 • Other LGIPs permitted by client.
• There is no issuer limitation for Local Government Investment Pools O. Corporate Medium-Term Notes (MTNs), provided that:
• The issuer is a corporation organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States.
• The securities are rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
• No more than 30% of the total portfolio may be invested in MTNs. • No more than 5% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed five (5) years.

P. Asset-Backed, Mortgage-Backed, Mortgage Pass-Through Securities, and Collateralized Mortgage Obligations from issuers not defined in sections C and D of the Authorized Investments section of this policy, provided that:
• The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
• No more than 20% of the total portfolio may be invested in these securities. • No more than 5% of the portfolio may be invested in any single Asset-Backed or Commercial Mortgage security issuer.
• The maximum legal final maturity does not exceed five (5) years.

Q. Mutual Funds and Money Market Mutual Funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that:
a. Mutual Funds that invest in the securities and obligations as authorized under California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria:
(i) Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
(ii) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
• No more than 10% of the total portfolio may be invested in shares of any one mutual fund.
b. Money Market Mutual Funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria:
(i) Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
175
Administrative Policy IV-C-2
Investment Policy
(continued)
10 (ii) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of $500 million.
• No more than 20% of the total portfolio may be invested in the shares of any one Money Market Mutual Fund.
c. No more than 20% of the total portfolio may be invested in these securities.

R. Supranationals, provided that:
• Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank.
• The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
• No more than 30% of the total portfolio may be invested in these securities. • No more than 10% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed five (5) years.

2. Prohibited Investment Vehicles and Practices:
• State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. • In accordance with Government Code, Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited. • Investment in any security that could result in a zero-interest accrual if held to maturity is prohibited. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited Under a provision sunsetting on January 1, 20262031, securities backed by the U.S. Government that could result in a zero- or negativeinterest accrual if held to maturity are permitted. • Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.
• Purchasing or selling securities on margin is prohibited. • The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited.
• The purchase of foreign currency denominated securities is prohibited. • The purchase of securities with trade settlement periods longer than 45 days is prohibited.

3. Investment Pools/Mutual Funds:

The City shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. The investment officer shall develop a questionnaire which will answer the following general questions:
176
Administrative Policy IV-C-2
Investment Policy
(continued)
11 • A description of eligible investment securities, and a written statement of investment policy and objectives.
• A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. • A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
• A schedule for receiving statements and portfolio listings. • Are reserves, retained earnings, etc. utilized by the pool/fund? • A fee schedule, and when and how is it assessed.
• Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds?

4. Collateralization: Acceptable collateral shall be as follows:

Certificates of Deposit (CDs). The City shall require any commercial bank or savings and loan association to deposit eligible securities with an agency of a depository approved by the State Banking Department to secure any uninsured portion of a Non-Negotiable Certificate of Deposit. The value of eligible securities as defined pursuant to California Government Code, Section 53651, pledged against a Certificate of Deposit shall be equal to 150% of the face value of the CD if the securities are classified as mortgages and 110% of the face value of the CD for all other classes of security.

Collateralization of Bank Deposits. This is the process by which a bank or financial institution pledges securities, or other deposits for the purpose of securing repayment of deposited funds. The City shall require any bank or financial institution to comply with the collateralization criteria defined in California Government Code, Section 53651.

Repurchase Agreements. The City requires that Repurchase Agreements be collateralized only by securities authorized in accordance with California Government Code:
• The securities which collateralize the repurchase agreement shall be priced at Market Value, including any Accrued Interest plus a margin. The Market Value of the securities that underlie a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities.
• Financial institutions shall mark the value of the collateral to market at least monthly and increase or decrease the collateral to satisfy the ratio requirement described above.
• The City shall receive monthly statements of collateral.

F. INVESTMENT PARAMETERS

1. Mitigating Credit Risk in the Portfolio: Credit risk is the risk that a security or a portfolio will lose some or all its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
177
Administrative Policy IV-C-2
Investment Policy
(continued)
12 • The diversification requirements included in the “Suitable and Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio. • No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. • The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to manage the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences.
• If the credit ratings of any security owned by the City are downgraded to a level below the quality required by this investment policy, making the security ineligible for additional purchases, the following steps will be taken:
• If a security is downgraded, the investment officer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. If employing an investment manager, any actions taken related to the downgrade by the investment manager will be communicated to the investment officer in a timely manner. • If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.

2. Mitigating Market Risk in the Portfolio: Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. Likewise, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cash flow purposes.

The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
• The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements. • The maximum stated final maturity of individual securities in the portfolio will be five (5) years as measured from the date of trade settlement, except as otherwise stated in this policy.
• The duration of the portfolio will generally be approximately equal to the duration (typically, plus or minus 20%) of a Market Benchmark, an index selected by the City based on the City’s investment objectives, constraints and risk tolerances.

3. Maximum Maturities: To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. The City will not directly invest in securities maturing more than five years from the date of trade settlement or in accordance 178
Administrative Policy IV-C-2
Investment Policy
(continued)
13 with state and local statutes and ordinances, unless the City Council has by resolution granted authority to make such an investment either specifically or as part of an investment program approved by the City Council no less than three months prior to the investment.

The City investment officer shall adopt weighted average maturity limitations, consistent with the investment objectives.

Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as LGIPs, money market funds, or overnight repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations.

G. INVESTMENT STRATEGIES:

The investment program shall seek to augment returns consistent with the intent of this policy, identified risk limitations and prudent investment principles. These objectives will be achieved by use of the following strategies:

The source of and purpose for surplus funds determines the goal to be accomplished by the strategy. Bond proceeds, for example, typically have three purposes: reserve funds, project funds, and debt service funds. The goal and corresponding investment strategy is different for each, as follows:
• Reserve Funds. The goal is to have these funds available in case of default while minimizing negative arbitrage. The strategy is to call for competitive bids for long-term investment agreements with a call provision for default or redemption from AAA-rated limitations.
• Project Funds. The goal is to maintain purchasing power. The strategy, assuming a normal yield curve, is to match investment agreement maturities with construction draw schedules. Funds needed within 12 months are currently placed in an AAA-rated mutual fund of U.S. Treasury Securities.
• Debt Service Funds. The goal is to maintain liquidity. Generally, funds are placed in a money market mutual fund related investment category.

Surplus funds in the City pool come from a mixed bag of services for a wide variety of purposes. This blend of funds leads to the general investment goal of earning an appropriate yield consistent with the City’s high standards for safety and liquidity.

H. INVESTMENT PERFORMANCE
The investment portfolio shall be designed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City’s risk constraints, the cash flow characteristics of the portfolio, and state and local laws, ordinances or resolutions that restrict investments.

The investment officer shall monitor and evaluate the portfolio’s performance relative to the chosen market benchmark(s), which will be included in the investment officer’s quarterly report. The investment officer shall select an appropriate, readily available index to use as a market benchmark.

I. REPORTING
179
Administrative Policy IV-C-2
Investment Policy
(continued)
14 1. Methods: The investment officer shall prepare an investment report at least quarterly, including a management summary that provides an analysis of the status of the current investment portfolio and the individual transactions executed over the last quarter. This report shall include the type of investment, issuer, date of maturity, and par and dollar amount invested on all securities, investments and moneys held by the City. The report shall also include a current market value as of the date of the report. It shall state compliance of the portfolio to the statement of investment policy or manner in which the portfolio is not in compliance. Finally, the report shall include a statement denoting the ability of the local agency to meet its pool’s expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may, not be available. The report shall be provided within 45 days after the end of the quarter. Once a year, the statement of investment policy shall be included in the report.

2. Performance Standards: The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates. A series of appropriate benchmarks shall be established against which portfolio performance shall be compared on a regular basis.

3. Marking to Market: The market value of the portfolio shall be calculated at least monthly and a statement of the market value of the portfolio shall be issued at least monthly. This will ensure that review of the investment portfolio, in terms of value and price volatility, has been performed consistent with the GFOA Recommended Practice on “Mark-to-Market Practices for State and Local Government Investment Portfolios and Investment Pools.” In defining market value, considerations should be given to the GASB Statement 31 pronouncement.

4. Annual Reports: The investment policy shall be reviewed at least annually within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends. A comprehensive annual report shall be presented in conjunction with the investment policy review. This report shall include comparisons of City’s return to the City’s benchmark return, shall suggest policies and improvements that might enhance the investment program, and shall include an investment plan for the coming year.

5. Annual Audit: Management shall establish an annual process of independent review by the external auditor to assure compliance with internal controls. Such audit will include tests deemed appropriate by the auditor.

J. PORTFOLIO AND POLICY CONSIDERATIONS

1. Portfolio Review: The investment officer shall periodically, but no less than quarterly, review the portfolio to identify investments that do not comply with this investment policy and establish protocols for reporting major and critical incidences of noncompliance to the City Council.

2. Policy Amendments: This policy shall be reviewed on an annual basis within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends. Any recommended modifications or changes shall be presented by the investment officer to the City Council for their consideration and adoption. 180
Administrative Policy IV-C-2
Investment Policy
(continued)
15 K. GLOSSARY OF TERMS
Agencies: Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:

FFCB: The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.

FHLB: The Federal Home Loan Bank provides credit and liquidity in the housing market.

FHLB issues discount notes and bonds.

FHLMC: Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds and mortgage pass-through securities.

FNMA: Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “FannieMae,” issues discount notes, bonds and mortgage pass-through securities.

GNMA: The Government National Mortgage Association, known as “GinnieMae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.

PEFCO: The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.

TVA: The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.

Asset Backed Securities: Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.

Average Life: In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.

Banker’s Acceptance: A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.

Benchmark: A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.

Broker: A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.

Callable: A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline, the issuer will likely call its current securities and reissue them at a lower rate of interest.

Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate.

Certificate of Deposit Account Registry SYSTEM (CDARS): A private placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. 181
Administrative Policy IV-C-2
Investment Policy
(continued)
16 CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.

Collateral: Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.

Collateralized Bank Deposit: A bank deposit that is collateralized at least 100% (principal plus interest to maturity). The deposit is collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.

Collateralized Mortgage Obligations (CMO): Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.

Collateralized Time Deposit: Time deposits that are collateralized at least 100% (principal plus interest to maturity). These instruments are collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.

Commercial Paper: The short-term unsecured debt of corporations.

Coupon: The rate of return at which interest is paid on a bond.

Credit Risk: The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.

Dealer: A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.

Debenture: A bond secured only by the general credit of the issuer.

Delivery vs. Payment (DVP): A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.

Derivative: Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.

Discount: The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.

Diversification: Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.

Duration: The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a security to changes interest rates.

Federal Deposit Insurance Corporation (FDIC): The Federal Deposit Insurance Corporation (FDIC) is an independent federal agency insuring deposits in U.S. banks and thrifts in the event 182
Administrative Policy IV-C-2
Investment Policy
(continued)
17 of bank failures. The FDIC was created in 1933 to maintain public confidence and encourage stability in the financial system through the promotion of sound banking practices.

Federally Insured Time Deposit: A time deposit is an interest-bearing bank deposit account that has a specified date of maturity, such as a certificate of deposit (CD). These deposits are limited to funds insured in accordance with FDIC insurance deposit limits.

Leverage: Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.

Liquidity: The speed and ease with which an asset can be converted to cash.

Local Agency Investment Fund (LAIF): A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.

Local Government Investment Pool: Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPAs).

These funds are not subject to the same SEC rules applicable to money market mutual funds.

Make Whole Call: A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral.

Market Risk: The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.

Market Value: The price at which a security can be traded.

Maturity: The final date upon which the principal of a security becomes due and payable.

Medium Term Notes: Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.

Modified Duration: The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.

Money Market: The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.

Money Market Mutual Fund: A mutual fund that invests exclusively in short-term securities.

Examples of investments in money market funds are certificates of deposit and U.S. Treasury securities. Money market funds attempt to keep their net asset values at $1 per share.

Mortgage Pass-Through Securities: A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.

Municipal Securities: Securities issued by state and local agencies to finance capital and operating expenses.

Mutual Fund: An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs 183
Administrative Policy IV-C-2
Investment Policy
(continued)
18 associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.

Nationally Recognized Statistical Rating Organization (NRSRO): A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's.

Negotiable Certificate of Deposit (CD): A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor).

Primary Dealer: A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market.

Prudent Person (Prudent Investor) Rule: A standard of responsibility which applies to fiduciaries.

In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.”
Repurchase Agreement: Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.

Safekeeping: A service to bank customers whereby securities are held by the bank in the customer’s name.

Securities and Exchange Commission (SEC): The U.S. Securities and Exchange Commission (SEC) is an independent federal government agency responsible for protecting investors, maintaining fair and orderly functioning of securities markets and facilitating capital formation. It was created by Congress in 1934 as the first federal regulator of securities markets. The SEC promotes full public disclosure, protects investors against fraudulent and manipulative practices in the market, and monitors corporate takeover actions in the United States.

Securities and Exchange Commission (SEC) Rule 15c3-1: An SEC rule setting capital requirements for brokers and dealers. Under Rule 15c3-1, a broker or dealer must have sufficient liquidity in order to cover the most pressing obligations. This is defined as having a certain amount of liquidity as a percentage of the broker/dealer's total obligations. If the percentage falls below a certain point, the broker or dealer may not be allowed to take on new clients and may have restrictions placed on dealings with current client.

Structured Note: A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
184
Administrative Policy IV-C-2
Investment Policy
(continued)
19 Supranational: A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.

Total Rate of Return: A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.

Treasury Bills: All securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.

Treasury Bonds: All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.

Treasury Notes: All securities issued with initial maturities of two to ten years are called Treasury notes and pay interest semi-annually.

U.S. Treasury Obligations: Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.

Yield to Maturity: The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
185
Attachment 3
1 CITY OF WEST SACRAMENTO
ADMINISTRATIVE POLICY NUMBER: IV-C-2
DATE: September 8, 1992
Revised: February 1, 1999
Revised: October 15, 2014
Revised: November 1, 2017
Revised: August 21, 2019
Revised: June 16, 2021
Revised: May 17, 2023
Revised: June 5, 2024
Revised: August 19, 2026
SUBJECT: INVESTMENT POLICY AUTHORITY: City Council

PURPOSE
This policy sets forth the procedural regulations for investing surplus funds. The intent of the Investment Policy of the City of West Sacramento is to define the parameters within which funds are to be managed.

POLICY
In methods, procedures, and practices, the policy formalizes the framework for the City’s investment activities that must be exercised to ensure effective and judicious fiscal and investment management of the City’s funds. The guidelines are intended to be broad enough to allow the investment officer to function properly within the parameters of responsibility and authority, yet specific enough to safeguard the investment assets.

PROCEDURE
A. SCOPE
This policy applies to the investment of surplus operating and capital funds and proceeds from certain bond issues. It conforms to best practices as outlined by Government Finance Officers Association, Association of Public Treasurers of the United States and Canada, and California Municipal Treasurers’ Association.

1. Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.

B. GENERAL OBJECTIVES
The primary objectives, in priority order, of investment activities shall be safety, liquidity, and return.

1. Safety: Safety of principal is the foremost objective of the investment program.

Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments by investing funds among a variety of securities with independent returns. The objective will be to mitigate credit risk and market risk, further explained below. 186
Administrative Policy IV-C-2
Investment Policy
(continued)
2 2. Liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). A portion of the portfolio also may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds.

3. Return: The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed.

C. STANDARDS OF CARE

1. Prudence: The standard of prudence to be used by investment officials shall be the “prudent investor” standard (California Government Code section 53600.3) and shall be applied in the context of managing an overall portfolio. Pursuant to this section of Code, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.” Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy.

2. Ethics and Conflicts of Interest: Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/ investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City.

3. Delegation of Authority: Authority to manage the investment program is granted to the Director of Finance/City Treasurer, hereinafter referred to as investment officer, and derived from California Government Code, Sections 41006 and 53600 et seq as well as 187
Administrative Policy IV-C-2
Investment Policy
(continued)
3 Ordinance 87-12. Responsibility for the operation of the investment program is hereby delegated to the investment officer, who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, and collateral/depository agreements. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the investment officer. The investment officer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City may engage the services of one or more external investment advisers, who are registered under the Investment Advisers Act of 1940, to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy.

The City’s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio’s return and the cash flow requirements of the City.

D. SAFEKEEPING AND CUSTODY

1. Authorized Financial Dealers and Institutions: To the extent practicable, the investment officer shall endeavor to complete investment transactions using a competitive bid process whenever possible. The investment officer will determine which financial institutions are authorized to provide investment services to the City. It shall be the City’s policy to purchase securities only from authorized institutions and firms. A list will be maintained of financial institutions authorized to provide investment services. In addition, a list also will be maintained of approved security broker/dealers selected by creditworthiness (e.g., a minimum capital requirement of $10,000,000 and at least five years of operation). These may include “primary” dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule).

In accordance with Section 53601.5, institutions eligible to transact investment business with the City include:
• Primary government dealers as designated by the Federal Reserve Bank and nonprimary government dealers. • Nationally or state-chartered banks.
• The Federal Reserve Bank.
• Direct issuers of securities eligible for purchase.

Selection of financial institutions and broker/dealers authorized to engage in transactions will be at the sole discretion of the City, except where the City utilizes an external investment adviser in which case the City may rely on the adviser for selection.

All financial institutions and broker/dealers who desire to become qualified for investment transactions must supply the following as appropriate:
• Audited financial statements.
• Proof of National Association of Securities Dealers (NASD) certification. • Proof of state registration.
188
Administrative Policy IV-C-2
Investment Policy
(continued)
4 • Completed broker/dealer questionnaire.
• Certification of having read and understood and agreeing to comply with the City’s investment policy.
• Evidence of adequate insurance coverage.

An annual review of the financial condition and registration of qualified financial institutions and broker/dealers will be conducted by the investment officer.

From time to time, the investment officer may choose to invest in instruments offered by minority and community financial institutions. In such instances, a waiver to the criteria under Paragraph 1 may be granted. All terms and relationships will be fully disclosed prior to purchase and will be reported to the appropriate entity on a consistent basis and should be consistent with state or local law. These types of investment purchases should be approved by the appropriate legislative or governing body in advance.

Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.

Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, best efforts will be made to document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price.

2. Internal Controls: The investment officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. Specifics for the internal controls shall be documented in an investment procedures manual that shall be reviewed and updated periodically by the Investment Officer. An example of such a procedure would include the requirement that the Director of Finance approve trades transacted by other authorized personnel. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management.

Accordingly, the investment officer shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points:
• Control of collusion.
• Separation of transaction authority from accounting and recordkeeping. • Custodial safekeeping.
• Avoidance of physical delivery securities.
189
Administrative Policy IV-C-2
Investment Policy
(continued)
5 • Clear designation of authority to subordinate staff members. • Written confirmation of transactions for investments and wire transfers. • Dual authorizations of wire transfers.
• Staff training.
• Development of a wire transfer agreement with the lead bank and third-party custodian.

3. Delivery vs. Payment: All trades where applicable will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by a third-party custodian as evidenced by safekeeping receipts. The only exception to the foregoing shall be depository accounts and securities purchase made with: Local Agency Investment Fund (LAIF), California Asset Management Program, time certificates of deposit and money market mutual funds, since the purchased securities are not deliverable.

4. Third-Party Safekeeping: Securities will be held by an independent third-party safekeeping institution selected by the City. All securities will be evidenced by safekeeping receipts in the City’s name. The safekeeping institution shall annually provide a copy of its most recent report on internal controls – Service Organization Control Reports (formerly 70, or SAS 70) prepared in accordance with the Statements of Standards for Attestation Engagements (SSAE) No. 16 (effective June 15, 2011).

E. SUITABLE AND AUTHORIZED INVESTMENTS

1. Investment Types: Investments shall be placed to conform to those allowable under the State of California Government Code section 53600 et seq. Within the investments permitted by the Code, the City seeks to further restrict eligible investments to the guidelines listed below. Consistent with the GFOA Policy Statement and Local Laws Concerning Investment Practices, the following investments will be permitted by this policy and are those defined by state and local law where applicable. If additional types of securities are approved for investment by public funds by state statute, they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits and minimum credit quality requirements listed in this section apply at the time the security is purchased.

Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.

An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual issuers.

Authorized securities include:
190
Administrative Policy IV-C-2
Investment Policy
(continued)
6 A. Municipal Securities include obligations of the City, the State of California and any local agency within the State of California, provided that:
• The securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”). • No more than 5% of the portfolio may be invested in any single issuer. • No more than 30% of the portfolio may be in Municipal Securities. • The maximum maturity does not exceed seven (7) years.

B. Municipal Securities (Registered Treasury Notes or Bonds) of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
• The securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”). • No more than 5% of the portfolio may be invested in any single issuer. • No more than 30% of the portfolio may be in Municipal Securities. • The maximum maturity does not exceed seven (7) years.

C. U.S. Treasuries and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in U.S. Treasuries, provided that:
• The maximum maturity is seven (7) years.

D. Federal Agencies or United States Government-Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in Federal Agency or Government-Sponsored Enterprises (GSEs), provided that:
• No more than 30% of the portfolio may be invested in any single Agency/GSE issuer.
• The maximum maturity does not exceed seven (7) years. • The maximum percent of agency callable securities in the portfolio will be 20%.

E. Banker’s Acceptances, provided that:
• They are issued by institutions which have short-term debt obligations rated “A-1” or its equivalent or better by at least one NRSRO; or long-term debt obligations which are rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
• No more than 40% of the portfolio may be invested in Banker’s Acceptances. • No more than 5% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed 180 days.
191
Administrative Policy IV-C-2
Investment Policy
(continued)
7 F. Commercial Paper, provided that the securities are issued by an entity that meets all of the following conditions in either paragraph (a) or (b) and other requirements specified below:
i. SECURITIES issued by corporations:

1. A corporation organized and operating in the United States with assets more than $500 million.

2. The securities are rated “A-1” or its equivalent or better by at least one NRSRO.

3. If the issuer has other debt obligations, they must be rated in a rating category of “A” or its equivalent or better by at least one NRSRO. ii. SECURITIES issued by other entities:

1. The issuer is organized within the United States as a special purpose corporation, trust, or limited liability company.

2. The securities must have program-wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.

3. The securities are rated “A-1” or its equivalent or better by at least one NRSRO. • City may purchase no more than 10% of the outstanding commercial paper of any single issuer.
• No more than 25% of the portfolio may be invested in Commercial Paper. Under a provision sunsetting on January 1, 2031, no more than 40% of the portfolio may be invested in Commercial Paper if the Agency’s investment assets under management are greater than $100,000,000.
• No more than 5% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed 397 days.

G. Negotiable Certificates of Deposit (NCDs), issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank, provided that:
• The amount of the NCD insured up to the FDIC limit does not require any credit ratings.
• Any amount above the FDIC insured limit must be issued by institutions which have short-term debt obligations rated “A-1” or its equivalent or better by at least one NRSRO; or long-term obligations rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
• No more than 30% of the total portfolio may be invested in NCDs (combined with CDARS).
• No more than 5% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed five (5) years.

H. Federally Insured Time Deposits (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:
192
Administrative Policy IV-C-2
Investment Policy
(continued)
8 • The amount per institution is limited to the maximum covered under federal insurance.
• No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five (5) years.

I. Collateralized Time Deposits (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that:
• No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five (5) years.

J. Certificate of Deposit Placement Service (CDARS), provided that:
• No more than 30% of the total portfolio may be invested in a combination of Certificates of Deposit, including CDARS.
• The maximum maturity does not exceed five (5) years.

K. Collateralized Bank Deposits. City’s deposits with financial institutions will be collateralized with pledged securities per California Government Code, Section 53651.

There are no limits on the dollar amount or percentage that the City may invest in collateralized bank deposits.

L. Repurchase Agreements collateralized with securities authorized under California Government Code, maintained at a level of at least 102% of the market value of the Repurchase Agreement. There are no limits on the dollar amount or percentage that the City may invest, provided that:
• Securities used as collateral for Repurchase Agreements will be delivered to an acceptable third-party custodian.
• Repurchase Agreements are subject to a Master Repurchase Agreement between the City and the provider of the repurchase agreement. The Master Repurchase Agreement will be substantially in the form developed by the Securities Industry and Financial Markets Association (SIFMA).
• The maximum maturity does not exceed one (1) year.

M. State of California Local Agency Investment Fund (LAIF), provided that:
• The City may invest up to the maximum amount permitted by LAIF. • LAIF’s investments in instruments prohibited by or not specified in the City’s policy do not exclude the investment in LAIF itself from the City’s list of allowable investments, provided LAIF’s reports allow the investment officer to adequately judge the risk inherent in LAIF’s portfolio.

N. Local Government Investment Pools
193
Administrative Policy IV-C-2
Investment Policy
(continued)
9 • There is no issuer limitation for Local Government Investment Pools O. Corporate Medium-Term Notes (MTNs), provided that:
• The issuer is a corporation organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States.
• The securities are rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
• No more than 30% of the total portfolio may be invested in MTNs. • No more than 5% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed five (5) years.

P. Asset-Backed, Mortgage-Backed, Mortgage Pass-Through Securities, and Collateralized Mortgage Obligations from issuers not defined in sections C and D of the Authorized Investments section of this policy, provided that:
• The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
• No more than 20% of the total portfolio may be invested in these securities. • No more than 5% of the portfolio may be invested in any single Asset-Backed or Commercial Mortgage security issuer.
• The maximum legal final maturity does not exceed five (5) years.

Q. Mutual Funds and Money Market Mutual Funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that:
a. Mutual Funds that invest in the securities and obligations as authorized under California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria:
(i) Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
(ii) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
• No more than 10% of the total portfolio may be invested in shares of any one mutual fund.
b. Money Market Mutual Funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria:
(i) Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
(ii) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ 194
Administrative Policy IV-C-2
Investment Policy
(continued)
10 experience managing money market mutual funds with assets under management in excess of $500 million.
• No more than 20% of the total portfolio may be invested in the shares of any one Money Market Mutual Fund.
c. No more than 20% of the total portfolio may be invested in these securities.

R. Supranationals, provided that:
• Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank.
• The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
• No more than 30% of the total portfolio may be invested in these securities. • No more than 10% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed five (5) years.

2. Prohibited Investment Vehicles and Practices:
• State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. • In accordance with Government Code, Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited. • Investment in any security that could result in a zero-interest accrual if held to maturity is prohibited. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited Under a provision sunsetting on January 1, 2031, securities backed by the U.S. Government that could result in a zero- or negativeinterest accrual if held to maturity are permitted. • Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.
• Purchasing or selling securities on margin is prohibited. • The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited.
• The purchase of foreign currency denominated securities is prohibited. • The purchase of securities with trade settlement periods longer than 45 days is prohibited.

3. Investment Pools/Mutual Funds:

The City shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. The investment officer shall develop a questionnaire which will answer the following general questions:
• A description of eligible investment securities, and a written statement of investment policy and objectives.
195
Administrative Policy IV-C-2
Investment Policy
(continued)
11 • A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. • A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
• A schedule for receiving statements and portfolio listings. • Are reserves, retained earnings, etc. utilized by the pool/fund? • A fee schedule, and when and how is it assessed.
• Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds?

4. Collateralization: Acceptable collateral shall be as follows:

Certificates of Deposit (CDs). The City shall require any commercial bank or savings and loan association to deposit eligible securities with an agency of a depository approved by the State Banking Department to secure any uninsured portion of a Non-Negotiable Certificate of Deposit. The value of eligible securities as defined pursuant to California Government Code, Section 53651, pledged against a Certificate of Deposit shall be equal to 150% of the face value of the CD if the securities are classified as mortgages and 110% of the face value of the CD for all other classes of security.

Collateralization of Bank Deposits. This is the process by which a bank or financial institution pledges securities, or other deposits for the purpose of securing repayment of deposited funds. The City shall require any bank or financial institution to comply with the collateralization criteria defined in California Government Code, Section 53651.

Repurchase Agreements. The City requires that Repurchase Agreements be collateralized only by securities authorized in accordance with California Government Code:
• The securities which collateralize the repurchase agreement shall be priced at Market Value, including any Accrued Interest plus a margin. The Market Value of the securities that underlie a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities.
• Financial institutions shall mark the value of the collateral to market at least monthly and increase or decrease the collateral to satisfy the ratio requirement described above.
• The City shall receive monthly statements of collateral.

F. INVESTMENT PARAMETERS

1. Mitigating Credit Risk in the Portfolio: Credit risk is the risk that a security or a portfolio will lose some or all its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
• The diversification requirements included in the “Suitable and Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio. 196
Administrative Policy IV-C-2
Investment Policy
(continued)
12 • No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. • The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to manage the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences.
• If the credit ratings of any security owned by the City are downgraded to a level below the quality required by this investment policy, making the security ineligible for additional purchases, the following steps will be taken:
• If a security is downgraded, the investment officer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. If employing an investment manager, any actions taken related to the downgrade by the investment manager will be communicated to the investment officer in a timely manner. • If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.

2. Mitigating Market Risk in the Portfolio: Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. Likewise, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cash flow purposes.

The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
• The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements. • The maximum stated final maturity of individual securities in the portfolio will be five (5) years as measured from the date of trade settlement, except as otherwise stated in this policy.
• The duration of the portfolio will generally be approximately equal to the duration (typically, plus or minus 20%) of a Market Benchmark, an index selected by the City based on the City’s investment objectives, constraints and risk tolerances.

3. Maximum Maturities: To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. The City will not directly invest in securities maturing more than five years from the date of trade settlement or in accordance with state and local statutes and ordinances, unless the City Council has by resolution granted authority to make such an investment either specifically or as part of an investment program approved by the City Council no less than three months prior to the investment. 197
Administrative Policy IV-C-2
Investment Policy
(continued)
13 The City investment officer shall adopt weighted average maturity limitations, consistent with the investment objectives.

Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as LGIPs, money market funds, or overnight repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations.

G. INVESTMENT STRATEGIES:

The investment program shall seek to augment returns consistent with the intent of this policy, identified risk limitations and prudent investment principles. These objectives will be achieved by use of the following strategies:

The source of and purpose for surplus funds determines the goal to be accomplished by the strategy. Bond proceeds, for example, typically have three purposes: reserve funds, project funds, and debt service funds. The goal and corresponding investment strategy is different for each, as follows:
• Reserve Funds. The goal is to have these funds available in case of default while minimizing negative arbitrage. The strategy is to call for competitive bids for long-term investment agreements with a call provision for default or redemption from AAA-rated limitations.
• Project Funds. The goal is to maintain purchasing power. The strategy, assuming a normal yield curve, is to match investment agreement maturities with construction draw schedules. Funds needed within 12 months are currently placed in an AAA-rated mutual fund of U.S. Treasury Securities.
• Debt Service Funds. The goal is to maintain liquidity. Generally, funds are placed in a money market mutual fund related investment category.

Surplus funds in the City pool come from a mixed bag of services for a wide variety of purposes. This blend of funds leads to the general investment goal of earning an appropriate yield consistent with the City’s high standards for safety and liquidity.

H. INVESTMENT PERFORMANCE
The investment portfolio shall be designed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City’s risk constraints, the cash flow characteristics of the portfolio, and state and local laws, ordinances or resolutions that restrict investments.

The investment officer shall monitor and evaluate the portfolio’s performance relative to the chosen market benchmark(s), which will be included in the investment officer’s quarterly report. The investment officer shall select an appropriate, readily available index to use as a market benchmark.

I. REPORTING

1. Methods: The investment officer shall prepare an investment report at least quarterly, including a management summary that provides an analysis of the status of the current 198
Administrative Policy IV-C-2
Investment Policy
(continued)
14 investment portfolio and the individual transactions executed over the last quarter. This report shall include the type of investment, issuer, date of maturity, and par and dollar amount invested on all securities, investments and moneys held by the City. The report shall also include a current market value as of the date of the report. It shall state compliance of the portfolio to the statement of investment policy or manner in which the portfolio is not in compliance. Finally, the report shall include a statement denoting the ability of the local agency to meet its pool’s expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may, not be available. The report shall be provided within 45 days after the end of the quarter. Once a year, the statement of investment policy shall be included in the report.

2. Performance Standards: The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates. A series of appropriate benchmarks shall be established against which portfolio performance shall be compared on a regular basis.

3. Marking to Market: The market value of the portfolio shall be calculated at least monthly and a statement of the market value of the portfolio shall be issued at least monthly. This will ensure that review of the investment portfolio, in terms of value and price volatility, has been performed consistent with the GFOA Recommended Practice on “Mark-to-Market Practices for State and Local Government Investment Portfolios and Investment Pools.” In defining market value, considerations should be given to the GASB Statement 31 pronouncement.

4. Annual Reports: The investment policy shall be reviewed at least annually within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends. A comprehensive annual report shall be presented in conjunction with the investment policy review. This report shall include comparisons of City’s return to the City’s benchmark return, shall suggest policies and improvements that might enhance the investment program, and shall include an investment plan for the coming year.

5. Annual Audit: Management shall establish an annual process of independent review by the external auditor to assure compliance with internal controls. Such audit will include tests deemed appropriate by the auditor.

J. PORTFOLIO AND POLICY CONSIDERATIONS

1. Portfolio Review: The investment officer shall periodically, but no less than quarterly, review the portfolio to identify investments that do not comply with this investment policy and establish protocols for reporting major and critical incidences of noncompliance to the City Council.

2. Policy Amendments: This policy shall be reviewed on an annual basis within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends. Any recommended modifications or changes shall be presented by the investment officer to the City Council for their consideration and adoption.

K. GLOSSARY OF TERMS
199
Administrative Policy IV-C-2
Investment Policy
(continued)
15 Agencies: Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:

FFCB: The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.

FHLB: The Federal Home Loan Bank provides credit and liquidity in the housing market.

FHLB issues discount notes and bonds.

FHLMC: Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds and mortgage pass-through securities.

FNMA: Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “FannieMae,” issues discount notes, bonds and mortgage pass-through securities.

GNMA: The Government National Mortgage Association, known as “GinnieMae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.

PEFCO: The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.

TVA: The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.

Asset Backed Securities: Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.

Average Life: In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.

Banker’s Acceptance: A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.

Benchmark: A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.

Broker: A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.

Callable: A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline, the issuer will likely call its current securities and reissue them at a lower rate of interest.

Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate.

Certificate of Deposit Account Registry SYSTEM (CDARS): A private placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage.

CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits 200
Administrative Policy IV-C-2
Investment Policy
(continued)
16 between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.

Collateral: Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.

Collateralized Bank Deposit: A bank deposit that is collateralized at least 100% (principal plus interest to maturity). The deposit is collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.

Collateralized Mortgage Obligations (CMO): Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.

Collateralized Time Deposit: Time deposits that are collateralized at least 100% (principal plus interest to maturity). These instruments are collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.

Commercial Paper: The short-term unsecured debt of corporations.

Coupon: The rate of return at which interest is paid on a bond.

Credit Risk: The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.

Dealer: A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.

Debenture: A bond secured only by the general credit of the issuer.

Delivery vs. Payment (DVP): A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.

Derivative: Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.

Discount: The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.

Diversification: Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.

Duration: The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a security to changes interest rates.

Federal Deposit Insurance Corporation (FDIC): The Federal Deposit Insurance Corporation (FDIC) is an independent federal agency insuring deposits in U.S. banks and thrifts in the event 201
Administrative Policy IV-C-2
Investment Policy
(continued)
17 of bank failures. The FDIC was created in 1933 to maintain public confidence and encourage stability in the financial system through the promotion of sound banking practices.

Federally Insured Time Deposit: A time deposit is an interest-bearing bank deposit account that has a specified date of maturity, such as a certificate of deposit (CD). These deposits are limited to funds insured in accordance with FDIC insurance deposit limits.

Leverage: Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.

Liquidity: The speed and ease with which an asset can be converted to cash.

Local Agency Investment Fund (LAIF): A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.

Local Government Investment Pool: Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPAs).

These funds are not subject to the same SEC rules applicable to money market mutual funds.

Make Whole Call: A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral.

Market Risk: The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.

Market Value: The price at which a security can be traded.

Maturity: The final date upon which the principal of a security becomes due and payable.

Medium Term Notes: Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.

Modified Duration: The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.

Money Market: The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.

Money Market Mutual Fund: A mutual fund that invests exclusively in short-term securities.

Examples of investments in money market funds are certificates of deposit and U.S. Treasury securities. Money market funds attempt to keep their net asset values at $1 per share.

Mortgage Pass-Through Securities: A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.

Municipal Securities: Securities issued by state and local agencies to finance capital and operating expenses.

Mutual Fund: An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs 202
Administrative Policy IV-C-2
Investment Policy
(continued)
18 associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.

Nationally Recognized Statistical Rating Organization (NRSRO): A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's.

Negotiable Certificate of Deposit (CD): A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor).

Primary Dealer: A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market.

Prudent Person (Prudent Investor) Rule: A standard of responsibility which applies to fiduciaries.

In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.”
Repurchase Agreement: Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.

Safekeeping: A service to bank customers whereby securities are held by the bank in the customer’s name.

Securities and Exchange Commission (SEC): The U.S. Securities and Exchange Commission (SEC) is an independent federal government agency responsible for protecting investors, maintaining fair and orderly functioning of securities markets and facilitating capital formation. It was created by Congress in 1934 as the first federal regulator of securities markets. The SEC promotes full public disclosure, protects investors against fraudulent and manipulative practices in the market, and monitors corporate takeover actions in the United States.

Securities and Exchange Commission (SEC) Rule 15c3-1: An SEC rule setting capital requirements for brokers and dealers. Under Rule 15c3-1, a broker or dealer must have sufficient liquidity in order to cover the most pressing obligations. This is defined as having a certain amount of liquidity as a percentage of the broker/dealer's total obligations. If the percentage falls below a certain point, the broker or dealer may not be allowed to take on new clients and may have restrictions placed on dealings with current client.

Structured Note: A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
203
Administrative Policy IV-C-2
Investment Policy
(continued)
19 Supranational: A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.

Total Rate of Return: A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.

Treasury Bills: All securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.

Treasury Bonds: All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.

Treasury Notes: All securities issued with initial maturities of two to ten years are called Treasury notes and pay interest semi-annually.

U.S. Treasury Obligations: Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.

Yield to Maturity: The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
204

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2026 ITEM # 13
SUBJECT:

CONSIDERATION OF APPROVAL OF A PREFERRED VENDOR LIST FOR

FIRE VEHICLE PREVENTATIVE MAINTENANCE AND REPAIRS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Sharee’ Wooten, Senior Analyst
Fire Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to approve a Preferred Vendor List for vehicle preventative maintenance and repairs for the Fire Department.

RECOMMENDED ACTION
Staff respectfully recommends that City Council:

1. Approve the Preferred Vendor List for a period of three (3) years with an option to extend for two (2) one-year extensions;

2. Authorize the City Manager or their designee to undertake any and all actions necessary to implement the contracts;

3. Authorize the City Manager or their designee to execute non-substantive changes and modifications, with approval from the City Attorney; and

4. 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.

BACKGROUND
It is necessary for the City to retain an outside contractor for the provision of preventative maintenance and repair services on City fire apparatus and fleet due to the technical nature of the equipment and the safety needs inherent in its proper maintenance. The equipment requiring preventative maintenance services consist primarily of fire engines, ladder trucks, water tenders, and fleet vehicles. It is imperative to retain an authorized, reliable supplier to provide these services to maximize equipment life and minimize repair downtime of critical public safety equipment.

It is in the interest of the City to have a number of pre-approved, qualified providers who meet City standards and requirements. In order to ensure a qualified pool of candidates for apparatus maintenance and repairs, a Request for Qualifications (RFQ) process was used to select vendors that can conduct as-needed preventative maintenance and repairs to the Fire Department’s fleet of vehicles to correct deficiencies and return the apparatus to service as quickly as possible.

ANALYSIS
The City issued a request for qualifications (26-036-RFQ) for Fire Apparatus & Fleet Vehicle Preventative Maintenance and Repair Services on April 27, 2026. The RFQ was open for just over four weeks and received a total of nine submittals which were received by the closing date.

The Fire Department established a panel to review and score the proposals based upon the materials submitted by each of the vendors based on the following criteria:
• Proposal Transmittal Letter (13.3%)
• Proposer Qualifications and Experience (26.7%)
• Proven Ability (33.3%)
• Technical Approach (20%)
• Acceptance of the City’s Standard Contract for Services (6.7%) After a thorough review and evaluation scoring, the vendors the panel recommends for the preferred vendor list are as follows, listed in alphabetical order:
• 2B Assets dba West Sacramento Truck Lube (West Sacramento) • Folsom Lake Ford (Folsom)
205
Fire Vehicle Maintenance/Repair RFQ
August 5, 2026

Page 2 ends

• Golden State Emergency Vehicle Services (Sacramento)
• Hoblit Chrysler Jeep Dodge (Woodland)
• Riverview International Trucks (West Sacramento)
• Uptime Fleet Services, Inc (McClellan)
• Vector Fleet Management dba Derotic Emergency Equipment (Sacramento) • West Coast Frame & Collision Repair (West Sacramento) Each contract with the selected preferred vendors is proposed for a term of three years with the option, at the City’s sole discretion, to extend the term for two successive one-year periods upon successful demonstration of exemplary contract performance.

The Fire Department has previously worked with each of these vendors for maintenance and repair work and has received satisfactory and reliable service. Developing a preferred vendor list gives the City much-needed flexibility and agility in meeting the department’s apparatus repair and maintenance needs. Establishing this preferred vendor list will provide a selection of vendors to call on for completing inspections, performing preventative maintenance, and identifying critical repairs needed for the department’s apparatus.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
Not applicable.

Strategic Plan Integration
Not applicable.

Alternatives
The City Council may decide to approve the recommended action or reject the recommended action and direct staff to reissue the RFQ.

Coordination and Review
The staff report was coordinated and reviewed by the Fire Department and Administrative Services Department.

Budget/Cost Impact
The total contract value is not-to-exceed the council approved budget amount for all contracts. Funding for these services is included in the Fire Department’s approved operating budget.

ATTACHMENT
Preferred Vendors Contact List
Preferred Vendors Contact List
Preferred Vendor Vender Point of Contact Shop Rate
Golden State Emergency Vehicle
Services
7400 Reese Road
Sacramento, CA 95828
Daron Wright, Operations Manager
Phone: (916) 330-1638
Email: [email protected]
$190/hr
West Coast Frame & Collision
Repair, Inc.
3203-D West Capitol Avenue
West Sacramento, CA 95691
Sarah Villa,
Phone: (916) 371-6100
Email: [email protected]
$160/hr
Riverview International Trucks Jason Ehrlich, Supervisor $185/hr 206
Fire Vehicle Maintenance/Repair RFQ
August 5, 2026

Page 3 ends

2445 Evergreen Ave.

West Sacramento, CA 95691
Phone: (916) 371-3110
Email: [email protected]
Folsom Lake Ford
12755 Folsom Blvd
Folsom, CA 95630
James Fuhs, Service Director
Phone: (916) 351-4231
Email:
[email protected]
$195/hr
Hoblit Chrysler Jeep Dodge
333 Main St
Woodland, CA 95695
Dan Toafoya, Business Development
Manager
Phone:

Email: [email protected]
$245/hr
West Sac Truck Lube
895 Stillwater Rd #500
West Sacramento, CA 95605
Buck Branum, CEO
Phone: (916) 997-0449
Email: [email protected]
$155/hr
Uptime Fleet Services, Inc
5711 Perrin Ave
McClellan, CA 95652
Jordan Weidman, Branch Operations
Phone: (833) 343-7351
Email: [email protected]
$195/hr
Vector Fleet Management dba
Derotic Emergency Equipment,
8215 Sienna Ave, Ste 300
Sacramento, CA 95626
Aubrey Felton – President
Phone: (561) 339-6877
Email: [email protected]
$195/hr
207

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2026 ITEM # 14
SUBJECT:

CONSIDERATION OF RESOLUTION 26-71 APPROVING THE APPLICATION FOR

STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT

FUNDS FOR THE MEADOWDALE PARK RENOVATION AND EXPANSION PROJECT INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Erin Ayala, Business Manager
Parks and Recreation Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
This report requests City Council consideration of adoption of Resolution 26-71 which authorizes the submission of an application to California State Parks for the Statewide Park Development and Community Revitalization Grant Program.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 26-71 (Attachment 1) approving an application to California State Park for the Statewide Park Development and Community Revitalization Grant Program to fund the Meadowdale Park Renovation and Expansion Project.

BACKGROUND
Meadowdale Park (3625 West Capitol Avenue) is a 3.0-acre neighborhood park owned by the City. Meadowdale Park offers a tot lot, walking loops, a multi-use athletic field, and a small parking lot. The most recent round of park improvements was the installation of new playground equipment in 2008/2009 and a parking lot resurfacing project.

Please see existing park conditions in Attachment 2.

The City’s Parks, Recreation and Open Space (PROS) Master Plan was approved by City Council on April 17, 2019, and provides a comprehensive approach for planning, funding, developing, and maintaining parks and recreation facilities and programs over the next 10 years. Meadowdale Park has been identified in the PROS 10- Year Capital Improvement Program as being a sustainable project recommendation, as the playground equipment and fixtures have all reached the end of their useful life.

The Statewide Park Development and Community Revitalization Program (SPP) is a competitive grant program that creates new parks and new recreation opportunities in critically underserved communities in California. The latest round of SPP funding is funded by Proposition 4. Proposition 4 (2024 Bond Act) passed on November 5, 2024, was designed primarily to increase the State’s resilience to the impacts of climate change.

ANALYSIS
The City has engaged Callander Associates Landscape Architecture, Inc. to lead the development of the design concepts for the Meadowdale Park Renovation Project and assist with a community engagement effort to support the submission of an SPP grant application. Their scope of work has included kickoff meetings, site reconnaissance, assessments of existing park facilities, and facilitating community outreach and engagement.

Since this round of SPP funding is aligned with resilience to impacts of climate change, project selection criteria also include benefits to climate vulnerable populations. Climate vulnerable populations are communities that are subject to extreme heat, wildfire, and flooding. Per the Community Fact Finder tool that State Parks uses to rate projects’ eligibility for program funding, Meadowdale Park is in a location within the community that is subject to both extreme heat and flooding. In addition, Meadowdale Park serves a population that has been park poor and has low-median income values, making this park highly competitive for SPP grant funding.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
On August 11, 2026, the Meadowdale Renovation and Expansion Project was presented to the Parks, Recreation, and Intergenerational Services Commission for their feedback. The commission was very supportive and indicted a strong interest in activating the park, providing walking loops, additional practice fields for youth 208
Consideration of Resolution 26-71
August 19, 2026

Page 2 ends

athletics, dog parks, trees, and locations offering shade and respite.

Strategic Plan Integration
Not applicable.

Alternatives
In addition to the recommended action, the City Council could elect not to support the submission of a grant application. This alternative is not recommended as the City does not have funding for the Meadowdale Renovation and Expansion Project, and the Parks, Recreation, and Open Space Master Plan identifies Meadowdale as being in need of significant improvements.

Review
This report was developed in coordination with the City Attorney, Capital Projects Department, City Manager’s Office and the Finance Department.

Budget/Cost Impact
There is no budget impact associated with this action. The recommended action includes considering the approval of a resolution authorizing staff to apply for Statewide Park Development and Community Revitalization Grant Program grant funding. The grant funding request is anticipated to fully fund the project. The City is planning to apply for approximately $6 million in grant funding for the Meadowdale Renovation and Expansion Project.

ATTACHMENTS

1. Resolution 26-71

2. Vicinity Map
209
RESOLUTION 26-71

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

APPROVING THE APPLICATION THE STATEWIDE PARK DEVELOPMENT AND

COMMUNITY REVITALIZATION PROGRAM
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California or the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before the submission of said application to the State; and
WHEREAS, and successful Applicants will enter into a contract with the State of California to complete the Grant Scope project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Sacramento hereby: Approves the filing of an application for the Meadowdale Park Renovation and Expansion Project; and

1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and

2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and

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

4. Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and

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

6. Will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G).

PASSED AND ADOPTED by the West Sacramento City Council this 19th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:
_______________________________
Jennifer Cusmir, City Clerk
210
MEADOWDALE PARK – EXISTING CONDITIONS
Attachment 2
211

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2026 ITEM # 15
SUBJECT:

CONSIDERATION OF CONTRACT WITH INTECH MECHANICAL COMPANY, INC., FOR

ON-CALL HEATING, VENTILATION, AND AIR CONDITIONING SERVICES AT CITY

FACILITIES
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Lorianne Landsaw, Senior Analyst
Public Works Operations & Maintenance
Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to consider for approval a professional services contract with Intech Mechanical Company, Inc., for On-Call Heating, Ventilation, and Air Conditioning (HVAC) services at City facilities.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Award a 3-year contract for on-call HVAC services at City facilities to Intech Mechanical Company, Inc. and authorize the City Manager or his designee to execute the contract; 2) Authorize the City Manager or his designee to execute non-substantive changes or modifications to the Contract for Services with approval from the City Attorney; 3) Authorize the City Manager or his designee to execute amendments or change orders up to the Council approved budget; and
4) Authorize the City Manager or his designee to execute amendments to extend the term of the contract.

BACKGROUND
Heating, ventilation, and air conditioning (HVAC) systems regulate the temperature, humidity, and air quality within City facilities, providing a safe and comfortable environment for employees and the public. With more than 300 City-maintained HVAC units and only two Stationary Engineer positions in the Facilities division, staff spend the majority of their time responding to equipment failures and urgent repair requests. This reactive workload leaves little capacity for preventative maintenance. Regular HVAC maintenance is essential to ensure systems operate efficiently, reduce energy costs, extend equipment life, and minimize the risk of unexpected breakdowns.

In May 2026, the Public Works, Operations & Maintenance Department issued a Request for Proposals (26-024- RFP) for on-call HVAC services for City facilities. Submitters were asked to include pricing for preventative maintenance, repairs and general service, and emergency response. Four companies submitted bids, which were reviewed by Facilities staff, and Intech Mechanical Company was selected.

ANALYSIS
Staff has seen an increase in catastrophic system failures due to the aging HVAC units throughout the City. The preference is to proactively monitor HVAC systems for end-of-life indicators, enabling early identification of units at risk of failure. This program will allow for strategic planning and replacement of HVAC units before catastrophic failures occur, ensuring reliable operation, energy efficiency, and a safe and comfortable environment for City staff and the public. Having an on-call contract to support Facilities staff will allow the City to move forward with this plan.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable.
212
On-Call HVAC Contract Consideration
August 19, 2026

Page 2 ends

Alternatives
The City Council may decide to:
1) Approve the recommended action; or
2) Direct staff to re-issue the RFP for a different pool of respondents.

Based on staff’s thorough analysis of the four proposals, staff recommends awarding the contract to Intech Mechanical Company, Inc. for the City’s current HVAC needs.

Coordination and Review
The Request for Proposals and contract was coordinated with the Finance Department.

Budget/Cost Impact
A decision package (DP-01066) for necessary funds was approved for fiscal year 2026/27.

ATTACHMENT
1) PWO26-281 Intech Mechanical Contract
213
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
1 11/4/24

CONTRACT FOR SERVICES
THIS CONTRACT is made on August 19, 2026, by and between the CITY OF WEST SACRAMENTO (“City”), and Intech Mechanical Company, Inc (“Consultant”).

WITNESSETH:

WHEREAS, the City desires a consultant to perform preventative maintenance, on-call repairs, and emergency services for the City’s HVAC systems; WHEREAS, the Consultant has presented a proposal for such services to the City, dated May 22, 2026, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

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

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
214
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
2 11/4/24
C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on July 31, 2029.

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

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

3. COMPENSATION:

A. The Consultant shall be paid monthly at the completion of services for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed the fiscal year budget approved by the City Council for on-call HVAC services without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".

B. Said amount shall be paid upon submittal of a final billing showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the final billings. If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5. The Contractor shall not commence work on any tasks until the associated quote has been reviewed and approved by the City.

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

4. TERMINATION:

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

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract. 215
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
3 11/4/24
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

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

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

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

6. EXTENSIONS OF TIME:

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

7. PROPERTY OF CITY:

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

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

8. COMPLIANCE WITH ALL LAWS:

A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, 216
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
4 11/4/24
and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.

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

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

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

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

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

10. SUBCONTRACTING:

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

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the 217
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
5 11/4/24
performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

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

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

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

15. INDEMNITY AND LITIGATION COSTS:

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

16. CONSULTANT TO PROVIDE INSURANCE:

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

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following 218
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
6 11/4/24
coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

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

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

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

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or it’s equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
219
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
7 11/4/24

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section

16.B.2.b).

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

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

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

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

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

17. MISCELLANEOUS PROVISIONS:

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

B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon 220
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
8 11/4/24
a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.

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

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

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

City: City of West Sacramento
Attn to: Public Works Department
4300 West Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]

Consultant: Intech Mechanical Company, Inc.

Attn to: Mike Bruins
7501 Galilee Road
Roseville CA, 95713
Email: [email protected]

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

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

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

I. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. By electronically signing this document in electronic form, Parties agree that this Agreement may be transmitted and signed electronically by all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California law and regulations, including but not limited to Civil Code Section 1633.7
[Signatures on following page]
221
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
9 11/4/24

CITY OF WEST SACRAMENTO
By: __________________________
Amanda Berlin, Assistant City Manager
ATTEST:

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

By: _______________________
Jeffrey Mitchell, City Attorney
Intech Mechanical Company, Inc.

By: _________________________
Rickie Chowdry, Vice President
222
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029

EXHIBIT A
Consultant Proposal/Scope of Work
223
1 Transmittal Letter – ON-CALL HVAC MAINTENANCE, REPAIR, AND EMERGENCY SERVICES. 26-024-RFP
Dear City of West Sacramento,
On behalf of Intech Mechanical Company, Inc., we are pleased to submit this Proposal in response to RFP 26-024-RFP for On-Call HVAC Maintenance, Repair, and Emergency Services. Intech Mechanical is fully prepared to perform the requested services in accordance with the Scope of Work and associated contract requirements.

Proposer’s Name and Contact
The Proposer is Intech Mechanical Company, Inc.

Primary contact regarding this Proposal:
• Name: Mike Bruins
• Title: Service Sales Manager
• Address: 7501 Galilee Road, Roseville, CA 95678
• Email: [email protected]
• Phone: (916) 504-9456
Statement of Offer
Intech Mechanical, Inc. offers to perform all work described in the Scope of Work. This proposal, including the cost proposal rates and budget, shall remain valid for at least ninety (90) business days after the proposal due date.

Conflict of Interest
Neither Intech Mechanical, Inc., nor any individual assigned to perform work under the Contract, has a known conflict of interest. Should any potential conflict arise, it will be disclosed immediately to the City.

City Contract Terms
We acknowledge that we have reviewed the City’s standard contract and insurance requirements as included in the RFP attachments.

We accept these terms without qualification.

Subcontractors
Subcontractor: Beardslee Electrical Concepts Inc
Contact: Alissa Panzieri
Phone: 279-248-8117
224
2 Email: [email protected]
Address: 5439 Stationers Way, Sacramento, CA 95842
Service Provided: Electrical support related to the project Scope of Work.

Subcontractor: Dependable Crane
Contact: Theresa Snow
Phone: 916-306-7474
Email: [email protected]
Address: 360 N 10th St, Sacramento, CA 95811
Service Provided: Crane services related to the project Scope of Work.

Intech Mechanical understands that written approval from the City must be obtained prior to the use of any subcontractor, even after a contract is executed Signature and Authority
This letter is signed by an authorized representative of Intech Mechanical, Inc., with authority to bind the firm to the provisions of this Proposal and any resulting contract.

Sincerely,
Name: ____________________________
Title: ___________________________ Date: ____________________________ Rickie Chowdry Vice President
May 22, 2026 225
19 Technical Project Approach– ON-CALL HVAC MAINTENANCE, REPAIR, AND EMERGENCY SERVICES. 26-024-RFP
Overview
Intech Mechanical brings a full-service, self-performing team experienced in municipal HVAC maintenance, retrofit, and emergency response across complex multi-facility environments. Our approach combines disciplined preventive maintenance, rapid-response repair capability, and lifecycle asset stewardship to protect the City of West Sacramento’s operational continuity. We currently service, or have previously serviced, environments ranging from police, fire, and civic center facilities to wastewater pump stations, recreation centers, and server room climate control systems, as listed in Attachment A – HVAC List.

Preventive Maintenance Program
We execute all preventive maintenance in accordance with manufacturer recommendations, ASHRAE standards, and the City’s required quarterly and bi-monthly schedules. Each visit includes:
 Filter replacement (MERV 8 minimum or higher), belt inspections, lubrication, and coil cleaning.
 Verification of refrigerant pressures and system performance as needed, electrical integrity, control calibration, safety interlocks, and condensate drainage.  Seasonal changeovers and performance testing to confirm heating/cooling readiness.  Immediate reporting of any corrective-action items with estimated repair costs.

All work orders are documented digitally through our service management platform (Vista Viewpoint Service Module), providing the city with time-stamped service reports within three business days of completion as required by the RFP. These reports will be cross-referenced by asset ID to the City’s equipment inventory for traceability. 226
20 Repair and Retrofit Execution
Our technicians are union trained, EPA 608 certified, and trained in advanced diagnostics across all major OEM platforms. When performing on-demand repairs or retrofit replacements, our workflow follows a structured sequence:

1. Diagnosis and Verification of Failure – root-cause identification through field instrumentation and diagnostics.

2. Client Communication and Authorization – repair quote and estimated downtime communicated before work proceeds.

3. Execution and Functional Testing – All replaced components are verified under full load when applicable, and logged for warranty tracking.

4. Post-Work QA/QC Review – Field technician validation of operation, documentation, and photographic verification where applicable.

Our retrofit work is delivered with full mechanical integration, startup, and recommissioning services to ensure seamless handoƯ back to City staƯ.

Emergency Response and On-Call Service
Intech Mechanical maintains a 24/7 on-call rotation, including holidays, with a 24/7 after-hour phone service and GPS-tracked fleet.
 Acknowledgment: Within 30 minutes of call receipt.
 Response Time: Technician on-site within 1–3 hours depending on facility type.  Resolution: Restore operations before departure or stabilize system pending parts procurement.
 Documentation: Detailed emergency service report issued within 24 hours.

Our on-call technician will live less than 40 minutes from West Sacramento, allowing for rapid deployment to all City sites.
227
21 Safety and Regulatory Compliance
Safety is integral to our operations. We currently maintain a 0.78 EMR and conduct daily Job Hazard Analyses on every site. All technicians are trained in:
 Lockout/Tagout, confined space, and elevated work protocols.  CARB and EPA refrigerant management (recordkeeping, leak testing for >50 lb systems).  Cal/OSHA Title 8 compliance, PPE, and environmental handling procedures.

Refrigerant recovery and disposal are performed under current state and federal laws, and all documentation is stored within our compliance archive for audit availability.

Communication and Coordination
The City of West Sacramento will have a single point of contact responsible for scheduling, reporting, and operational oversight. Communication will include:
 Written work orders delivered shortly after work is completed.  Coordination with City Facilities and Public Works staƯ for access, scheduling, and other city requirements.
 Quarterly, semi-annual, or annual review meetings to evaluate PM eƯectiveness and system trends with designated Intech Mechanical representative.

Internally, our Service, Controls, and Plumbing divisions collaborate under one management structure to deliver fully integrated support without subcontractor dependencies.

Continuity and Dedicated Team
To maintain consistency and eƯiciency, Intech Mechanical will assign a Primary Technician, Secondary Technician, and a Primary Account Manager to the City of West Sacramento account.

The Primary Technician will perform routine maintenance and most repairs, ensuring familiarity with each facility’s systems and history. The Secondary Technician provides coverage during absences or emergencies, ensuring uninterrupted service. The Account Manager serves as the single point of contact, overseeing scheduling, communication, and quality control. This dedicated structure provides true continuity, minimizing learning curves, improving response time, and ensuring that every visit builds upon prior work rather than starting from scratch. 228
22 Lifecycle and Continuity Support
Because Intech Mechanical self-performs both installation and service, we provide full lifecycle continuity for the City’s assets. The same personnel performing maintenance can execute capital retrofits, ensuring historical knowledge and consistency. Long-term, this approach reduces downtime, standardizes equipment documentation, and lowers the total cost of ownership.

Quality Assurance and Performance Metrics
We measure success through defined KPIs:
 100% on-time preventive maintenance completion.
 Response within 2 hours for emergencies.
 Completion of deficiency closeout within five business days.

QA/QC audits are performed periodically to validate adherence to City expectations and contract performance metrics.

Summary
Through rigorous preventive maintenance, responsive repair capability, and dedicated communication, Intech Mechanical ensures the City of West Sacramento’s HVAC and plumbing systems operate safely, eƯiciently, and reliably year-round. Our comprehensive approach protects the City’s critical infrastructure while providing transparent documentation and dependable long-term service support tailored to the City’s operational needs 229
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029

EXHIBIT B
Schedule of Performance
Contract Start Date 8/19/2026
Contract End Date 7/31/2029
230
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029

EXHIBIT C
Schedule of Fees
231
232
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029

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

CONSULTANTS
By:

Rickie Chowdry, Vice President
233
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029

EXHIBIT E

LABOR COMPLIANCE

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

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

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

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

The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.

B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775. 234
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

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

3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay.
(b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

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

Provisions of said Section pertaining to employment of registered apprentices are hereby 235
Attachment 1
Intech Mechanical Company, Inc
PWO26-281 – On-Call HVAC Maintenance & Repair
Expires on 7/31/2029
incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5. 236

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2026 ITEM # 16
SUBJECT:

CONSIDERATION OF CONTRACT FOR SERVICES WITH PROCESS MEASUREMENT

GROUP DBA TOLEDO INDUSTRIAL COATINGS FOR CAUSTIC CONTAINMENT

PAINTING AT THE WATER TREATMENT PLANT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Lorianne Landsaw, Senior Analyst
Public Works Operations & Maintenance
Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to consider for approval a construction contract with Process Measurement Group dba Toledo Industrial Coatings for caustic containment painting at the Water Treatment Plant.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Award a contract to perform caustic containment painting to Process Measurement Group dba Toledo Industrial Coatings in the amount of $97,973.70 and authorize the City Manager or his designee to execute the contract;

2. Authorize the City Manager or his designee to execute non-substantive changes or modifications to the Contract with approval from the City Attorney;

3. Authorize the City Manager or his designee to execute amendments or change orders up to 10% of the contract value (9,797.38); and

4. Authorize the City Manager or his designee to execute amendments to extend the term of the contract.

BACKGROUND
The caustic containment area is part of the original George Kristoff Water Treatment Plant infrastructure and has historically stored lime, a chemical used for pH adjustment in water treatment. Approximately 20 years ago the area was repurposed to store sodium hydroxide (caustic), and the containment area has not been recoated since the conversion.

Today, the containment area includes two 5,000-gallon caustic tanks and the associated pumps and piping to deliver caustic to the Water Treatment Plant.

ANALYSIS
Over time, the protective coating on the caustic containment area infrastructure has deteriorated due to the caustic nature of the chemical stored there. This has resulted in peeling and exposed concrete, an increased risk of containment failure, and the possibility of chemical leaks outside the containment, which can pose safety, environmental, and regulatory compliance concerns.

Re-painting is essential to restore the integrity and safety of the caustic containment area. This will ensure continued regulatory compliance, protect structural infrastructure, and maintain safe delivery of caustic.

Due to the highly specific nature of this project, staff issued a Request for Qualifications (24-040-RFQ) for Industrial Painting Coating Services on August 16, 2024 seeking out qualified vendors to perform future work.

After review, five companies were determined qualified to provide industrial painting and coating services for City projects as needed, and were added to the City’s Industrial Painting and Coating contractor list.

Staff then issued an Invitation to Bid (26-069-ITB) for Water Treatment Plant Caustic Containment Painting on April 27, 2026 to the vendors on the City’s Industrial Painting and Coating contractor list. One vendor (Process Measurement Group dba Toledo Industrial Coatings) responded and was selected to perform the work.

Environmental Considerations
237
Caustic Containment Painting with Toledo Industrial Coatings August 19, 2026

Page 2 ends

This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable.

Alternatives
The City Council may decide to:

1. Approve the recommended action; or

2. Direct staff to re-issue the ITB for a different pool of respondents.

Coordination and Review
The Invitation to Bid and subsequent review was coordinated with the Finance and Capital Projects Department.

Budget/Cost Impact
The cost for this project is contained in CIP 22071 Caustic Facility Rehabilitation & Mixing. No additional funds are requested at this time.

ATTACHMENT

1. PWO26-261 Construction Contract
238
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424

CONSTRUCTION CONTRACT
THIS CONTRACT made on August 19, 2026 by and between the CITY OF WEST SACRAMENTO (“City”), and Process Measurement Group dba Toledo Industrial Coatings, 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 Water treatment Plant Caustic Containment Painting “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: Kevin Jones, Senior Water Treatment Plant Operator

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 Ninety-Seven Thousand Nine Hundred Seventy-Three Dollars and Seventy-Five Cents ($97,973.75) 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 ninety (90) working days, as defined in the General Conditions, after the date stated in the Notice to Proceed. 239
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424

5. NOTICE AND SERVICE THEREOF:

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

City of West Sacramento
Rebecca Scott, Director of Public Works
4300 West Capitol Avenue
West Sacramento, CA 95691
(b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the Contractor at:

Business Process Measurement Group dba Toledo Industrial Coatings
Attention Kerri London
Street Address 1316 Church Street
City, State, Zip Code Roseville, CA 95678
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

6. LIQUIDATED DAMAGES:

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

7. PREVAILING WAGE:

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

Bidders shall be responsible for verifying with the Director of the Department of Industrial Relations that all such copies of the prevailing rate provided by the City are current and accurate. The requirement to pay the wage rate so specified is further detailed in the General Conditions.
240
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424

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 Jesse Toledo, COO/CFO
Process Measurement Group DBA
Toledo Industrial Coatings

Date Amanda Berlin, Assistant City Manager
City of West Sacramento
Approved as to form:

Jeffrey Mitchell, City Attorney
Attest:

Jennifer Cusmir, City Clerk
241
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization, Demobilization, Site Setup, Containment 1 LS $7,500.00 $7,500.00 2 Pre-Construction Assessment (inspection, moisture testing, documentation) 1 LS $500.00 $500.00 3 Existing Coating Removal (mechanical removal to sound substrate) 1775 SF $12.00 $21,300.00 4 Surface Preparation (CSP profiling, cleaning, neutralization) 1775 SF $8.00 $14,200.00 5 Crack & Joint Repair (routing, sealing, elastomeric systems) 50 LF $8.00 $400.00 6 Concrete Repairs (spalls, patching, substrate restoration) 50 SF $25.00 $1,250.00 7 Cove Installation (4–6” cove base at transitions) 160 LF $13.00 $2,080.00 8 Primer Application (100% solids epoxy) 1775 SF $8.75 $15,531.25 9 Basecoat Application (Novolac epoxy system) 1775 SF $8.75 $15,531.25 10 Aggregate Broadcast (non-slip system) 800 SF $3.00 $2,400.00 11 Topcoat Application (Novolac/urethane/polyaspartic) 1775 SF $8.75 $15,531.25 12 Thickness Verification & QA Testing (DFT, adhesion, holiday testing) 1 LS $250.00 $250.00 13 Environmental Controls (ventilation, temperature/humidity control) 1 LS $500.00 $500.00 14 Safety Compliance (PPE, Cal/OSHA compliance, LOTO coordination) 1 LS $250.00 $250.00 15 Waste Handling & Disposal (coating debris, media, materials) 1 LS $500.00 $500.00 16 Final Inspection, Punch List, Closeout Documentation 1 LS $250.00 $250.00 Total $97,973.75
Base Bid - Lump Sum Breakdown
242
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Coating Removal 1 SF $10.00 $10.00
2 Surface Prep 1 SF $10.00 $10.00
3 Concrete Repair 1 SF $10.00 $10.00
4 Crack Repair 1 LF $10.00 $10.00
5 Cove Installation 1 LF $13.00 $13.00
6 Full Coating System 1 SF $26.25 $26.25
7 Labor (Standard Rate) 1 HR $155.00 $155.00
8 Labor (Overtime Rate) 1 HR $232.50 $232.50
Total $466.75
Unit Price Table (For Change Orders)
243
Water Treatment Plant Caustic Containment Painting
City of West Sacramento
Project No. 26-039-ITB
This Installation & Quality Control (QC) Plan establishes the procedures, inspection requirements, quality assurance measures, and testing methods that will be implemented during the rehabilitation and recoating of the Water Treatment Plant secondary containment area. The objective is to ensure the completed containment system meets the performance requirements for continuous exposure to 25% and 50% sodium hydroxide (NaOH), while complying with the project specifications and applicable industry standards.

Phase 1 Mobilization
Pre-construction meeting with Owner
Site access and work area establishment
Install barricades and safety signage
Isolate containment area
Protect drains, equipment and adjacent surfaces
Install dust containment and ventilation
Inspection Checkpoint
Owner verifies site preparation before work begins.

Phase 2 Existing Coating Removal
Activities include:

Mechanical removal of all existing failed coatings
Shot blasting, diamond grinding and scarification
Removal of all loose concrete and contaminants
Vacuum cleaning
Target Surface Profile:

ICRI CSP 3 5
Applicable Standards:

SSPC-SP13/NACE No.6
ICRI 310.2R
244
Inspection Checkpoint
Verify:

Complete coating removal
Uniform concrete profile
No loose material
No visible contamination
Hold Point No. 1
Owner/QC approval required prior to substrate repairs.

Phase 3 Concrete Repairs
Activities:

Neutralize any residual caustic contamination
Moisture testing
Repair spalls and voids
Route and fill cracks
Install elastomeric joint systems
Install 4 6 inch cove base
Test Methods
Moisture Testing
ASTM F2170
ASTM D4263
Concrete Repairs
Visual inspection
Manufacturer repair procedures
Inspection includes:

Crack repairs complete
Cove transitions smooth
Patch repairs flush
Moisture acceptable
Phase 4 Final Surface Preparation
Activities
Final vacuum
Solvent wipe (if approved)
Dust removal
Environmental monitoring
245
Environmental Requirements
Prior to every coating application verify:

Ambient temperature
Surface temperature
Relative humidity
Dew point separation
Concrete moisture
Environmental conditions shall comply with coating manufacturer's published requirements.

Phase 5 Primer Application
Product
100% Solids Epoxy Primer
Target DFT: 6 8 mils
QC Activities
Measure Wet Film Thickness during application
Verify complete coverage
Inspect pinholes
Repair defects immediately
Inspection Checkpoint
Uniform coverage
No holidays
No contamination
Correct recoat window
Hold Point No. 2
Owner/QC approval before proceeding to Novolac epoxy application.

Phase 6 Novolac Epoxy Basecoat
Activities
Mix materials per manufacturer instructions
Record batch numbers
Apply specified thickness
Broadcast aggregate to refusal
Target DFT: 30 40 mils
246
QC Requirements
Continuous WFT measurements
Batch log documentation
Verify aggregate distribution
Edge detailing
Coves and penetrations fully encapsulated
Phase 7 Topcoat Application
Activities
Apply Novolac Epoxy or approved topcoat
Encapsulate aggregate
Produce uniform finish
Target DFT: 8 12 mils
Total System: 45 60 mils
QC Inspection
Verify:

Uniform appearance
Complete encapsulation
No pinholes
No runs
No fisheyes
Proper terminations
Phase 8 Cure Period
Typical Cure Windows
Stage Typical Time*
Walk-on 12 24 hours
Light Service 48 72 hours
Chemical Exposure 5 7 days
*Actual cure schedule shall follow the coating manufacturer's published Product Data Sheet based upon ambient conditions.

Traffic will be prohibited until the coating reaches the manufacturer's minimum cure requirements. 247
Phase 9 Final Quality Assurance Testing
Dry Film Thickness
Method
Magnetic DFT Gauge
Reference
SSPC PA-2
Acceptance: 45 60 mil total system thickness
Measurements shall be recorded throughout:

Floor
Walls
Coves
Curbs
Penetrations
Adhesion Testing
Method
ASTM D4541 Pull-Off Test
Acceptance
Minimum:
400 psi
Failure mode shall be cohesive within coating or concrete substrate.

Holiday Detection
Performed when coating thickness exceeds manufacturer minimum.

Method
NACE SP0188
Acceptance
Zero holidays.

Any detected holidays shall be repaired and retested.

Slip Resistance
Method
ANSI A326.3
Acceptance
248
Final Visual Inspection
Verify:

Uniform gloss
Uniform color
Complete coverage
No blistering
No fisheyes
No pinholes
No delamination
Proper edge terminations
Proper joint detailing
Hold Point Description Release Required By
HP-1 Surface preparation complete Owner/QC
HP-2 Primer completed Owner/QC
HP-3 Final cure complete before QA testing QC Manager
HP-4 Final inspection and acceptance Owner
Activity Inspection Test Method Acceptance
Existing coating removal Visual SSPC-SP13 Complete removal Surface profile Profile comparison ICRI CSP 3 5 Acceptable profile Moisture ASTM F2170 / ASTM D4263 Manufacturer limits
Crack repairs Visual Manufacturer procedures Complete
Primer WFT/Visual Wet Film Gauge 6 8 mils
Basecoat WFT Wet Film Gauge 30 40 mils
Topcoat WFT Wet Film Gauge 8 12 mils
Final DFT Magnetic Gauge SSPC PA-2 45 60 mils
Adhesion Pull-Off ASTM D4541
Holiday Test Spark Test NACE SP0188 Zero holidays
Slip Resistance ANSI A326.3 Wet DCOF
249
The Contractor's QC Manager shall maintain daily quality records including:

Daily inspection reports
Environmental readings
Moisture test results
Surface preparation inspections
Material batch numbers
Mixing logs
Wet film thickness readings
Dry film thickness maps
Adhesion test reports
Holiday test reports
Slip resistance results
Repair logs
Daily progress photographs
Final closeout QC report
250
Water Treatment Plant Caustic Containment Painting
City of West Sacramento
Project No. 26-039-ITB
The purpose of this Site-Specific Safety Plan (SSSP) is to establish the procedures and safety requirements necessary to protect employees, City personnel, visitors, and the environment during the rehabilitation and recoating of the Water Treatment Plant caustic secondary containment area.

All work shall comply with:

Cal/OSHA Regulations (Title 8)
OSHA 29 CFR 1910 and 1926 (as applicable)
Manufacturer Safety Data Sheets (SDS)
Manufacturer application requirements
City of West Sacramento safety requirements
Contractor Injury and Illness Prevention Program (IIPP) This safety plan applies to all activities associated with:

Mobilization
Surface preparation
Mechanical coating removal
Concrete repairs
Crack and joint repairs
Epoxy primer application
Novolac epoxy lining installation
Aggregate broadcasting
Topcoat application
Inspection and testing
Demobilization
Project Manager
Responsible for:

Overall project safety
Coordination with City personnel
Ensuring compliance with contract requirements
Resource allocation
251
Superintendent
Responsible for:

Daily jobsite safety inspections
Conducting daily Job Hazard Analysis (JHA)
Monitoring work practices
Correcting unsafe conditions immediately
Safety Officer
Responsible for:

Daily safety meetings
PPE compliance
Incident reporting
Air quality monitoring (if required)
Documentation
Employees
Responsible for:

Following all safety procedures
Wearing required PPE
Reporting hazards immediately
Participating in daily tailgate meetings
Primary hazards include:

Sodium hydroxide (NaOH) residue
Concrete dust (silica)
Mechanical grinding equipment
Rotating machinery
Slip hazards
Chemical exposure
Noise
Flying debris
Trip hazards
Coating materials
Heat stress
Electrical hazards
Vehicle traffic
A Job Hazard Analysis (JHA) shall be completed daily and whenever work activities change. 252
The following PPE shall be required as a minimum:

General Work
ANSI hard hat
Safety glasses with side shields
High-visibility vest
Steel-toe boots
Cut-resistant work gloves
Grinding and Surface Preparation
Additional PPE:

Full face shield
Hearing protection
NIOSH-approved respirator (minimum P100 for silica-generating operations, as required by the exposure assessment)
Long sleeves
Knee protection when necessary
Coating Application
Additional PPE:

Chemical-resistant gloves (nitrile or neoprene)
Tyvek® or equivalent disposable coveralls
Chemical splash goggles
Organic vapor respirator (or respiratory protection selected based on the SDS and exposure assessment) Chemical-resistant boots
Chemical Cleaning
Required PPE:

Face shield
Chemical goggles
Chemical-resistant apron
Long chemical-resistant gloves
Rubber boots
Respiratory protection shall comply with the Contractor's written Respiratory Protection Program and applicable Cal/OSHA requirements.

Respirator selection shall be based on:

Material Safety Data Sheets (SDS)
Air monitoring (when required)
Manufacturer recommendations
Task-specific exposure assessments
253
Employees required to wear respirators shall:

Be medically evaluated
Successfully complete annual fit testing
Receive respirator training
During coating application and curing:

Natural ventilation shall be utilized whenever feasible.

Portable explosion-proof ventilation equipment shall be used when natural ventilation is inadequate.

Airflow shall be maintained to reduce solvent vapors (if present) and improve worker comfort.

Ventilation shall not introduce dust or debris onto freshly coated surfaces.

Ventilation equipment shall:

Be intrinsically safe or explosion-proof where required Be inspected daily
Be positioned to maintain continuous airflow
Mechanical surface preparation shall include:

HEPA vacuum attachments where practical
Dust collection systems
Continuous housekeeping
Vacuum cleanup (no dry sweeping)
Compliance with Cal/OSHA Respirable Crystalline Silica Standard Prior to beginning work:

Coordinate with the City's designated representative.

Identify all electrical, mechanical, hydraulic, pneumatic, and chemical energy sources that could affect the work area.

Verify that pumps, mixers, chemical feed systems, and associated equipment serving the containment area are isolated before work begins.

The following LOTO process shall be followed:

1. Notify affected personnel.

2. Shut down affected equipment.

3. Isolate all energy sources.

4. Apply contractor lock and identification tag.

5. Verify zero energy state.

6. Perform work.

7. Remove locks only by the individual who installed them.

8. Coordinate restoration of service with the City.

No Contractor employee shall remove a City lock or tag. LOTO activities shall be coordinated daily with the Owner's representative.
254
The Contractor shall maintain:

Current SDS for all materials
Chemical inventory
Employee Hazard Communication training records
Employees shall be trained regarding:

Chemical hazards
Safe handling
Spill response
First aid
Emergency procedures
The work area shall be maintained free of:

Excess debris
Coating waste
Grinding dust
Extension cord hazards
Slip hazards
Waste shall be removed daily.

The Contractor shall:

Protect all drains and sumps.

Prevent coating materials from entering storm drains or sanitary sewers.

Maintain spill kits at the work area.

Dispose of waste materials in accordance with federal, state, and local regulations.

No smoking shall be permitted within the work area.

Portable ABC fire extinguishers shall be maintained on-site.

All ignition sources shall be controlled during coating application.

During warm weather operations:

Potable drinking water shall be readily available.

Employees shall receive regular rest breaks.

Shaded rest areas shall be provided.

Supervisors shall monitor workers for signs of heat illness in accordance with Cal/OSHA requirements. 255
Emergency information shall be posted at the jobsite and include:

Emergency contact numbers
Hospital location
Fire Department
Poison Control
City project representative
Contractor emergency contacts
All injuries, spills, or property damage shall be immediately reported to the Owner.

A documented tailgate safety meeting shall be conducted each workday to review:

Planned work activities
Job Hazard Analysis (JHA)
Weather conditions
Equipment inspections
PPE requirements
Emergency procedures
LOTO status
Changes in work conditions
Attendance shall be documented.

The following equipment shall be inspected daily before use:

Grinders
HEPA vacuums
Ventilation equipment
Extension cords
Respirators
Fall protection equipment (if required)
Electrical tools
Ladders
Defective equipment shall be removed from service immediately.

All incidents, near misses, injuries, property damage, or environmental releases shall be:

Reported immediately to the Superintendent
Documented
Investigated
Corrective actions implemented before work resumes
256
Prior to demobilization:

Remove all waste materials.

Remove temporary containment.

Restore the work area.

Verify all tools and equipment are removed.

Coordinate removal of temporary LOTO devices.

Conduct a final safety walk-through with the City's representative. 257
Water Treatment Plant Caustic Containment Painting
City of West Sacramento
Project No. 26-039-ITB
Project Duration
Total Scheduled Duration: 15 Calendar Days (2 3 Weeks)
This schedule assumes normal working hours (Monday Friday, 7:00 AM 5:00 PM), favorable weather conditions, and unrestricted site access. Activities may overlap where practical without compromising quality, safety, or manufacturer-recommended cure requirements.

Duration: Day 1)
Activities
Pre-construction meeting
Site orientation
Safety briefing
Establish work zone
Install barricades and signage
Protect adjacent equipment and drains
Install dust containment and ventilation
Deliver materials and equipment
Milestone
Site ready for production work
Duration: Days 2 4)
Activities
Mechanical coating removal
Shot blasting
Diamond grinding
Scarification
Remove deteriorated concrete
Vacuum cleaning
Quality Control
Visual inspection
Surface profile verification (ICRI CSP 3 5)
258
Contamination removal verification
Hold Point 1
Owner/QC approval prior to concrete repairs.

Duration: Days 4 6)
Activities
Caustic neutralization
Moisture testing
Crack routing
Crack filling
Joint installation
Spall repairs
Cove installation
Quality Control
Moisture testing
Repair inspections
Surface acceptance
Activities
Final grinding
Vacuum cleaning
Solvent wipe (if approved)
Environmental verification
Environmental Checks
Prior to coating application:

Ambient temperature
Surface temperature
Relative humidity
Dew point
Concrete moisture
All readings shall comply with coating manufacturer requirements. 259
Activities
Mix materials
Apply primer
Verify wet film thickness
Repair isolated defects
Cure Window
Approximately 12 24 hours (or manufacturer requirements) Quality Control
WFT measurements
Visual inspection
Coverage verification
Hold Point 2
Owner/QC approval before Novolac epoxy installation.

Duration: Days 8 9)
Activities
Apply Novolac epoxy
Broadcast aggregate
Detail penetrations
Detail coves
Detail joints
Quality Control
Wet Film Thickness
Batch records
Material tracking
Coverage inspection
Activities
Apply finish coat
Encapsulate aggregate 260
Final detailing
Edge terminations
Quality Control
Wet Film Thickness
Visual inspection
Finish uniformity
Typical cure schedule:

Milestone Typical Time
Walk-on 12 24 Hours
Light Service 48 72 Hours
Full Chemical Service 5 7 Days
Actual cure requirements shall follow the coating manufacturer's published Product Data Sheet.

Traffic shall remain restricted until the manufacturer-required chemical cure has been achieved.

Activities
Dry Film Thickness Mapping
Holiday Testing
Adhesion Testing
Slip Resistance Testing
Final Visual Inspection
Punch List Completion
Owner Walkthrough
Project Closeout
Deliverables
QC Report
Daily Inspection Reports
Environmental Logs
Moisture Test Results
DFT Maps
Holiday Test Reports
Adhesion Test Reports 261
Warranty Documentation
Product Data Sheets
As-Built Documentation
Hold Point 3
Owner acceptance prior to returning the containment area to service.

Day Activity
1 Mobilization, Safety Setup, Site Protection
2 4 Existing Coating Removal & Surface Preparation
4 6 Concrete Repairs, Crack Repairs, Joint Restoration, Cove Installation 6 Final Cleaning & Environmental Verification
7 Primer Application
8 9 Novolac Epoxy Basecoat & Aggregate Broadcast
10 Topcoat Application
11 14 Cure Period
15 QA Testing, Final Inspection & Demobilization
Because coating performance depends on environmental conditions, work will be adjusted as necessary to maintain compliance with the coating manufacturer's application requirements.

Potential impacts include:

Rain or standing water in the containment area.

Ambient or substrate temperatures outside the manufacturer's recommended range.

High relative humidity or inadequate dew point separation.

Excessive wind causing dust contamination.

Condensation on prepared concrete or uncured coatings.

To minimize delays, the Contractor will:

Monitor ambient and substrate conditions at the start of each shift and before every coat application.

Sequence surface preparation ahead of favorable coating windows to reduce exposure time.

Use temporary containment and weather protection to shield prepared surfaces from precipitation and debris.
262
Provide portable, explosion-proof ventilation and air movement equipment as needed to maintain acceptable curing conditions.

Adjust crew size or work hours, including weekend or extended shifts if approved, to recover schedule following weather delays.

Maintain reserve labor and equipment to expedite recovery once acceptable conditions return.

If weather delays exceed one working day, the Contractor will submit an updated recovery schedule to the Owner identifying revised sequencing, anticipated completion dates, and mitigation measures while preserving required cure windows and quality assurance hold points. 263
264
265
266
267
268
269
270
271
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
1795423.1 7203-038
[PROJECT NAME AND PROJECT NUMBER]
PART 2 GENERAL CONDITIONS
272
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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 273
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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. 274
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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.
275
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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. 276
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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.
277
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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 278
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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 279
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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
280
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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.
281
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(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 282
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
such equipment. The rental rate paid in accord with said publication shall be deemed to include the cost of fuel, oil, lubrication, supplies, small tools, attachments, repairs and maintenance, depreciation, storage and insurance for said equipment. Rental time will not be paid when equipment is inoperable due to breakdowns, repairs or maintenance. Payment for loading, transporting and unloading time will be in accordance with the State Standard Specifications applicable to loading, transporting and unloading equipment for force account work, as applicable as of the date the equipment is loaded, transported or unloaded. (3) For materials used in the work, the City will pay for materials furnished by the Contractor and necessarily used in the force account work. Prior to markups as set forth below, the amount paid shall be the price paid by the actual purchaser to the actual supplier plus any necessary actual costs of handling the materials.

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

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

It is expressly agreed that Contractor shall not be entitled to claim damages for anticipated profits on any portion of the Work that may be deleted. 283
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section 3.20 to audit Contractor’s as-Bid profit in connection with any deductive change, to arrive at a final adjustment. Contractor’s as-Bid profit shall be reduced pro rata according to the proportion of the original contract value less as-Bid profit, represented by the work deleted.

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

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

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

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

2.07. CLAIMS FOR EXTRA COSTS
(a) Notice of Potential Claims
(1) It is hereby mutually agreed that the Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor 284
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
provides the Engineer with written notice of the potential claims as hereinafter specified.

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

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

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, 285
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424

(Name)

(Title

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

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

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

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

Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. (3) Meet And Confer Regarding Unresolved Claims. If the Contractor disputes the City’s written statement issued pursuant to Section 4.07(c)(1) or if the City fails to issue a timely written response, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. Within 10 business days following the conclusion of the meet and confer conference, the City shall provide the Contractor with a written statement identifying the portion 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 286
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
nonbinding mediation according to the provisions of Public Contract Code section 9204(d)(2), and any costs of mediation shall be allocated as set forth in that section. Upon receipt of a claim, the City and the Contractor may agree to waive, in writing, mediation. (5) Failure to Respond or Pay. If the City fails to timely respond to a claim from the Contractor or otherwise fails to meet the time requirements of Public Contract Code section 9204, the claim shall be deemed rejected in its entirety. Additionally, amounts not timely paid in the manner required by Public Contract Code section 9204 shall bear interest at 7 percent per annum.
(6) Subcontractor Claims. If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of the Subcontractor or lower tier Subcontractor pursuant to Public Contract Code section 9204(d)(5).

2.08. CIVIL ACTION PROCEDURES
(a) Alternative Dispute Resolution of Claims of $375,000.00 or Less. (1) Claims Less Than $375,000.00. Notwithstanding any other provision herein but after compliance with the provisions of Public Contract Code section 9204 as set forth in Section 4.07, claims of $375,000.00 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contract Code section 20104 et seq. “Claim” for this purpose means a separate demand by the Contractor for a time extension, payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, for which payment is expressly provided, or the Contractor is otherwise entitled to, or an amount the payment of which is disputed by the City. (2) Submission of Claims Less than $375,000.00. The Contractor shall submit its claim of $375,000.00 or less to the City in writing, within the time frames established under paragraph 4.07, but no later than before the final payment is made. The City shall respond within the time provided by statute. If the Contractor disagrees with the response or the City fails to respond within the time permitted, the Contractor shall notify the City of the disagreement in writing within fifteen (15) days from the date of the response or expiration of the time permitted to respond and demand a meet-and-confer conference. The City shall schedule a meet-and-confer conference within thirty (30) days of the demand. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. If not resolved at the meet-and-confer conference, the Contractor may initiate a civil action as set forth in Public Contract Code section 20104 et seq., including but not limited to compliance with applicable Government Code provisions.
(3) Time Limits Not Extended. Nothing in subdivision (a) of Public Contract Code section 20104.2 shall extend the time limit or supersede the notice requirements provided in this Contract for filing claims by the Contractor.
(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. 287
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424

2.09. GUARANTEE
(a) In addition to warranties, representations and guarantees stated elsewhere in the Contract Documents, the Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace the same at its sole cost and expense, and to the satisfaction of the Engineer, any and all materials which may be defective or improperly installed.
(b) The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other work, which may be damaged or displaced in so doing. (c) In the event of failure to comply with the above stated conditions within a reasonable time, the City is authorized to have the defect repaired and made good at the expense of the Contractor who will pay the costs and charges therefore immediately upon demand, including any reasonable management and administrative costs, and engineering, legal and other consultant fees incurred to enforce this section. (d) The signing of the Contract by the Contractor shall constitute execution of the above guarantees. Except as otherwise provided in this Contract, the guarantees and warranties shall remain in effect for a period of one (1) year after final Acceptance of the Work by the City.
288
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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. 289
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(b) If the Contractor, in the course of the Work, finds any discrepancy between the Drawings and the physical condition of the locality, or any errors or omissions in the Drawings, or in the layout as given by points and instructions, it shall be the Contractor’s duty to inform the Engineer in writing, and the Engineer will promptly verify the same.

Any work done after such discovery, until authorized, will be done at the Contractor’s risk. All Drawings, Specifications, and copies thereof furnished by the Engineer are the property of the Engineer and shall not be reused on other work and, with the exception of the signed Contract sets, are to be returned to the Engineer, on request, at the completion of the Work. All models are the property of the City.
(c) The Drawings shall be supplemented by such Shop Drawings prepared by the fabricator and/or supplier and Working Drawings prepared by the Contractor as are necessary to adequately control the Work. No changes shall be made by the Contractor in any Shop or Working Drawings after they have been reviewed by the Engineer, if the Engineer deems that no further submittals are necessary. The Contractor shall not commence the layout, purchase, fabrication, or construction of any work for which Shop or Working Drawings are required until Engineer has reviewed the specifications and drawings and has indicated in writing no further submittals are required for compliance with the Contract Documents. (d) Shop and Working Drawings for any structure shall include, but not be limited to, detail design calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc., which shall be reviewed and accepted by the Engineer before any such work is performed.
(e) Shop and Working Drawings will be required for cribs, cofferdams, falsework, centering and form work and for other temporary work and methods of construction the Contractor proposes to use. Such Drawings shall be subject to the review and Acceptance of the Engineer insofar as the details affect the character of the finished work, but details of design will be left to the Contractor who shall be responsible for the successful construction of the Work.
(f) Contractor agrees that Shop and/or Working Drawings processed by the Engineer are not Change Orders; that the purpose of these Drawings submitted by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that the Contractor demonstrates its understanding by indicating which equipment and material the Contractor intends to furnish and by detailing the fabrication methods it intends to use. It is expressly understood, however, that favorable review of the Contractor’s Shop and Working Drawings shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreements of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of its Drawings with the Specifications. Contractor further agrees that if deviations, discrepancies or conflicts between Shop and/or Working Drawings and Specifications are discovered either prior to or after the Drawings are processed by the Engineer, the Specifications shall control and shall be followed.
(g) Unless otherwise stated, the Engineer shall have thirty (30) days from the date of receipt of Shop and/or Working Drawings for review.
(h) Full compensation for furnishing all Shop and/or Working Drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings 290
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
relate and no additional compensation will be allowed therefore. Any cost related to the Engineer’s review of any particular set of Shop and/or Working Drawings more than twice, due to incompleteness or unacceptability, shall be borne by the Contractor, and the City reserves the right to withhold such costs from payments due the Contractor. (i) All reasonable effort has been made to locate and delineate all known structures and facilities on the plans. Except as otherwise provided herein, the City of West Sacramento shall assume no responsibility for the completeness or accuracy of its delineation of underground utilities nor the existence of other buried objects which may be encountered, or which are not shown on the plans.
(j) The Contractor shall keep and maintain a clean set of plans for the project and shall record in red ink all changes, revisions, etc. made during the course of construction. These plans shall include all changes, revisions, etc. from the original plan complete with the exact sizes, locations, dimensions, elevations, etc. These plans shall be kept and maintained in a neat, clean and legible condition and shall be available for inspection at all times by the Engineer. The Contractor shall deliver these completed plans to the Engineer and the Engineer shall approve these plans prior to final Acceptance of the project by the City.

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

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

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

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

The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as shown on the plans and described in the Specifications. Contractor shall promptly notify the Engineer in writing of any specification at variance therewith. In such instances, any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be 291
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, Contractor shall bear all costs arising therefrom.

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

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

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

Such approval shall be a consideration to the awarding of the Contract and unless notification to the contrary is given to the Contractor prior to the signing of the Contract, the list of Subcontractors which is submitted with the Contractor’s proposal will be deemed to be acceptable. Contractor shall not, without the written consent of the City, subcontract the whole of the Work.
292
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424

3.08. COOPERATION OF CONTRACTORS
(a) Should construction be under way by other forces or by other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserve d to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces. (b) When two or more contractors are employed on related or adjacent work, each shall conduct its operation in such a manner as not to cause any unnecessary delay or hindrance to the other. Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by its operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.

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

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

3.10. INSPECTION OF WORK
(a) Unless otherwise provided, all equipment, materials, and work shall be subject to inspection and testing by the Engineer. The Engineer will observe the progress and quality of the Work and determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Engineer shall not be required to make comprehensive or continuous inspections to check the quality of the Work. The Engineer shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of Contractor’s obligation to conduct comprehensive inspections of the Work and to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
(b) Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer so that proper inspection may be 293
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
provided. Any work done in the absence of the Engineer shall be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Engineer and other agents of the City, and agents of the federal, state, or local governments at all reasonable hours for inspection by such agencies to ascertain compliance with laws and regulations.
(c) One or more inspectors may be assigned to observe the Work by the Engineer and to act in matters of construction under this Contract. It is understood that inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. Such inspection shall not relieve the Contractor of the Contractor’s obligation to conduct comprehensive inspections of the Work, to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions in conformance with the intent of the Contract.
(d) The Engineer and the Engineer’s representatives shall at all times have access to the Work wherever it is in preparation or progress, and the Contractor shall provide safe and convenient facilities for such access and for inspection. If the Specifications, the Engineer’s instructions, laws, ordinances, or any public authority require any material, equipment or work to be specifically tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the City, of the time fixed for inspection. Inspections by the Engineer will be made promptly and, where practicable, at the source of supply.
(e) Work performed without inspection may be required to be removed and replaced under proper inspection. In such instances, the entire cost of removal and replacing, including the cost of City-furnished materials used in the Work, shall be borne by the Contractor, regardless of whether or not the Work exposed is found to be defective. Examination of questioned work, other than that installed without inspection, may be ordered by the Engineer and, if so ordered, the Work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the City will pay the cost of re-examination and replacement. If such work is found to be not in accordance with the Contract Documents, the Contractor shall pay such cost, unless the Contractor can show that the defect in the Work was caused by another Contractor , and in that event the City will pay such costs. (f) The inspection of the Work shall not relieve the Contractor of the Contractor’s obligation to fulfill the Contract as herein prescribed, or in any way alter the standard of performance provided by the Contractor, and defective work shall be made good and unusable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the Work or any part thereof shall be found defective, the Contractor shall, within ten (10) calendar days, make good such defect in a manner satisfactory to the Engineer. If the Contractor fails to make ordered repairs of defective work or to remove the condemned materials from the Work within ten (10) calendar days after written direction by the Engineer, the City may make the ordered repairs, or remove the condemned materials, and deduct the cost thereof from any monies due the Contractor.
(g) The Contractor shall furnish promptly, without additional charge, all facilities, labor and materials reasonably needed by the Engineer for performing all inspection and tests.

Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection. 294
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(h) Where any part of the Work is being done under an encroachment permit or building permit, or is subject to federal, state, county or city codes, laws, ordinances, rules or regulations, representatives of the government agency shall have full access to the Work and shall be allowed to make any inspection or tests in accordance with such permits, codes, laws, ordinances, rules, or regulations. If advance notice of the readiness of the Work for inspection by the governing agency is required, the Contractor shall furnish such notice to the appropriate agency.
(i) The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer’s authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials.

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

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

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

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

3.14. EQUIPMENT AND PLANTS
295
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(a) Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the Project.
(b) Plants will be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of sufficient material to carry the Work to completion within the time limit.
(c) The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer, shall remove unsuitable equipment from the Work and discontinue the operation of unsatisfactory plants. Contractor shall, upon request of the Engineer, submit one or more lists identifying, by make, model number, Contractor ‘s identification number and empty gross weight, each piece of operable equipment used for the Work. Contractor shall, upon request of the Engineer, submit documentation establishing that any measuring device used for the Work has been tested and properly approved under California Test 109.
(d) In the case of termination of this Contract before its completion for any cause whatsoever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of its equipment and supplies from the property of the City. If the Contractor fails to do so, the City shall have the right to remove such equipment and supplies at the expense of the Contractor.

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

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

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

3.17. ASSIGNMENT
296
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
The Contractor shall not assign the Contract or sublet it as a whole or in part without the written consent of the City, nor shall the Contractor assign any monies due, or to become due to the Contractor hereafter without the prior written consent of the City.

3.18. USE OF COMPLETED PORTIONS, RIGHT TO OPERATE UNSATISFACTORY

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

3.19. LANDS FOR WORK, RIGHT-OF-WAY CONSTRUCTION ROADS
(a) The City will provide the lands, easements, right-of-way, and/or encroachment permits necessary or other rights to enter and work on lands necessary for the performance of the Work. Other permits and licenses are addressed by Section 3.04. Should the Contractor find it advantageous to use any additional land for any purpose whatever, the Contractor shall provide for the use of such land at its expense. The Engineer shall be furnished with a copy of written agreements or otherwise be notified in writing of additional working space which is acquired. Nothing herein contained and nothing marked on the Plans shall be interpreted as giving the Contractor exclusive occupancy of the territory provided by the City. When two or more contracts are being executed at one time on the same or adjacent land in such a manner that work on one contract may interfere with that on another, the Engineer shall decide which Contractor shall cease work, and which shall continue, or whether the work on both contracts shall progress at the same time and in what manner, and the decision of the Engineer shall be final and binding. When the territory of one contract is the necessary or convenient means of access for the performance of another contract, such privilege of access or any other reasonable privilege may be granted by the Engineer to the Contractor so desiring, to the extent, amount, in the manner, and at the time permitted. No such decision as to the method or time of conducting the Work or the use of territory shall be the basis of any claim for delay or damage.
(b) Lands, easements or rights-of-way to be furnished by the City for construction operations will be specifically shown on the Plans.
297
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(c) The Contractor shall construct and maintain all roads necessary to reach the various parts of the Work and for the transportation thereto of construction material and personnel. The cost of constructing and maintaining such roads shall be borne by the Contractor.

3.20. CITY’S RIGHT TO AUDIT AND PRESERVATION OF RECORDS (a) The Contractor shall maintain books, records and accounts of all costs in accordance with generally accepted accounting principles and practices. The City and its authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions:
(1) The Contract is terminated for any reason in accordance with the provisions of the Contract Documents in order to arrive at equitable termination costs; (2) In the event of a disagreement between the Contractor and the City over the amount due the Contractor under the terms of the Contract; (3) To check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor’s efficiency or effectiveness under this Contract or in connection with extras, changes, claims, additions, backcharges, or others, as may be provided for in this Contract;
(4) If it becomes necessary to determine the City’s rights and the Contractor’s obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the City; (5) To determine any difference in cost occasioned by a permissible substitution;
(6) And/or for any other reason in the City’s sole judgment. (b) Contractor shall provide the City (or its representatives), unlimited, reasonable access during working hours to the Contractor’s books and records. The City’s audit rights shall be liberally construed in the City’s favor.
(c) The Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to the City for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor (but without any charge to the City), all its books, records, documents, photographs, micro-photographs, and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the Work hereunder.
(d) The City will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the City’s option, either during the Contract time period or during the record retention time period. Regardless of authorization, approval or acceptance, signatures or letters which are given by the City and are part of the City’s control systems or are requested by the Contractor, the payments made under this Contract shall not constitute a waiver or agreement by the City that it accepts as correct the billings, invoices or other charges on which the payments are based. If the City’s audit 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. 298
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(e) If any audit by the City or its representative discloses an underpayment by the City pursuant to the terms of the Contract Documents, the City shall have the duty to pay any amount found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the City for the amount of the overpayment. The City’s right to claim reimbursement from the Contractor of any overpayment shall not be terminated or waived until three years after the completion of the City’s audit or upon the termination of audit rights under subparagraph 3.20(f), whichever date is later. The obligation of the Contractor to make reimbursements hereunder shall not terminate except as provided by law.
(f) The City’s right to audit and the preservation of records shall terminate at the end of three (3) years after the date final payment is made or termination of the Contract. The Contractor shall include this “Right to Audit and Preservation of Records” clause in all subcontracts issued by it and it shall require the same to be inserted by all lower tier Subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to include this clause in any such contract or lower tier contract, or otherwise fail to insure the City’s rights hereunder, Contractor shall be liable to the City for all costs, expenses and attorney’s fees which the City may have to incur obtaining or attempting to obtain an audit or inspection of or the restoration of records which otherwise would have been available to the City from said persons under this clause. Such audit may be conducted by the City or its authorized representative.
299
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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:
300
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(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. 301
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(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.
302
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(d) The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
303
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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.
304
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424

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.
305
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(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 306
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
those provisions; provided that subject to Labor Code section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Work. This record shall be open at all reasonable hours to the inspection of the City, State and Federal officers and agents. It is hereby further agreed that, the Contractor shall forfeit as a penalty to the City the sum of twenty-five dollars ($25.00) for each worker employed in the performance of this Contract by the Contractor or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5.06. COMPLIANCE WITH STATE REQUIREMENTS FOR EMPLOYMENT OF

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

5.07. UNDERGROUND UTILITIES
(a) In accordance with Government Code section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating existing main or trunkline utility facilities which are not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work, provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing or relocating such utilities. Contractor shall not be assessed liquidated damages for delays in completing the Work when such delays are due to the failure of either the City or the owner of the utility to provide for removal or relocation of such utility facilities. (b) The Contractor shall take all precautions necessary to protect the existing utilities within the project area. Any utilities damaged due to the Contractor’s negligence shall be repaired or restored to their original condition at the Contractor’s sole expense. Existing utilities shall be kept in service during the life of the Contract unless relocation, reconstruction, abandonment, or outage is specifically authorized by the Engineer. (c) The Contractor shall provide and maintain such temporary supports as may be necessary to preserve the functions of the various utility systems. No wires, conduits and/or pipes shall be removed until all services therein have been made inoperable. (d) The Contractor shall notify the Engineer and appropriate Regional Notification Center for operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures. The Contractor shall provide updated information to the Notification Center as required and on a periodic basis. The Regional 307
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
Notification Center includes but is not limited to the Underground Service Alert-Northern California (USA) at 1-800-642-2444.
(e) The Contractor is advised that the State of California does not participate in USA.

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

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

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

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

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

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

5.11. PATENTS
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 308
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
indemnify, defend and save harmless the City, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of, the use of any patented materials, equipment, devices, or processes.

5.12. PUBLIC CONVENIENCE
This section defines the Contractor’s responsibility with regard to convenience of the public and public traffic in connection with its operations. (a) The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be properly prosecuted with due regard to the rights of the public.
(b) Unless otherwise provided in the Contract Documents, all public traffic shall be permitted to pass through the Work with as little inconvenience and delay as possible. In order to expedite the passage of public traffic through or around the work, the Contractor shall install as appropriate signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall provide and station competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the Work. The cost of furnishing and installing such signs, lights, flares, barricades, and other facilities, and the cost of providing and stationing such flagpersons, all for the convenience and direction of public traffic, will be considered as included in the Contract price and no additional compensation will be allowed. (c) Spillage resulting from hauling operations along or across any publicly traveled way shall be removed immediately by the Contractor at its expense. (d) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
(e) Convenient access to driveways, houses and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner’s access across the right-of-way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.
(f) Water shall be supplied if ordered by the Engineer for the alleviation or prevention of dust nuisance as provided in the Contract Documents. Any water obtained from a fire hydrant within the City of West Sacramento shall be subject to a fire hydrant permit issued by the Engineering Division of the City of West Sacramento. (g) Flagpersons and guards, while assigned to traffic control, shall perform their duties and shall be provided with the necessary equipment in accordance with the current “Instructions to Flagmen” of the California Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor at its expense. (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. 309
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(1) Traffic Control Plans. Traffic Control Plans shall be developed for the project to assure that adequate consideration is given to the safety and convenience of motorists, pedestrians, and workers during construction. The Traffic Control Plans shall include, but not be limited to, signing, pavement markings, construction scheduling, permanent barricades, methods and devices for delineation and channelization, placement and maintenance of devices, roadway lighting, traffic regulations, surveillance and inspection. The Traffic Control Plans shall be approved by the Engineer a minimum of two (2) working days prior to start of any work. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(2) Traffic Control Devices and Procedures. Traffic control devices and procedures shall conform to the California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(3) Elimination of On-Street Parking. The Contractor shall place notification for the elimination of on-street parking, if required, at least forty-eight (48) hours, but not more than seventy-two (72) hours prior to the start of work. The notification shall include the Contractor’s phone number, the City of West Sacramento Community Development Department phone number (916) 617-4645, and the phrase “VEHICLES WILL BE TOWED PURSUANT TO CVC SECTION 22651 (L)”. This notice shall be affixed to a Type II barricade that is placed in the lane of the road (max. 200 ft. spacing) used for on-street parking. No other location or method of placement is acceptable. The notification shall be in a form approved by the Engineer. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(4) Lane Closures. All lane closures shall be included in the Traffic Control Plans, and shall both conform to Section 5.12(h)(2) above, and be approved by the Engineer.

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

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

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

Safety provisions shall conform to all applicable federal, state, and local laws, ordinances, and 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. 310
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(2) The services of the Engineer in conducting construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Engineer or the City responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers; or for access, visits, use work, travel or occupancy by any person.
(3) The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation and in sump pump work.
(4) All work and materials shall be in strict accordance with all applicable State, Federal and local laws, rules, regulations, and codes. (5) Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by law, this shall be provided. (6) The Contractor shall submit a safety plan and/or narrative description to the Engineer prior to commencement of the Work. This safety plan and/or narrative description shall describe all first aid, safety clothing, etc. to be used at the Project Site. (b) Shoring and Trench Safety Plan
(1) Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the Contractor shall comply with this law.
(2) In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. Not less than thirty (30) days before beginning excavation for any trench or trenches five feet or more in depth required under this Contract, the Contractor shall furnish to the Engineer Working Drawings of its trench safety plan. The trench safety plan Working Drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, Department of Labor, the plan shall be prepared by a registered civil or structural engineer. In no event shall the Contractor use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by the Contractor or its Subcontractors. 311
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424

5.15. BLASTING
Except for exceptional circumstances, blasting shall be prohibited. Accordingly, Bids should be prepared on the basis that no blasting will be permitted. Should blasting be required and expressly approved by the City, the City will issue a Change Order for blasting work.

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

5.17. PROTECTION OF PERSONS AND PROPERTY
(a) The Contractor shall take whatever precautions are necessary to prevent damage to all existing improvements, including above ground and underground utilities, trees, shrubbery that is not specifically shown to be removed, fences, signs, mailboxes, survey markers and monuments, buildings, structures, the City’s property, adjacent property, and any other improvements or facilities within or adjacent to the work. If such improvements or property are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition at least as good as the condition they were in prior to the start of the Contractor’s operations.
(b) The Contractor shall adopt all practical means to minimize interference to traffic and public inconvenience, discomfort or damage. The Contractor shall protect against injury to any pipes, conduits or other structures crossing the trenching or encountered in the Work and shall be responsible for any injury done to such pipes or structures, or damage to property resulting therefrom. The Contractor shall support or replace any such structures without delay and without any additional compensation to the entire satisfaction of the Engineer. All obstructions to traffic shall be guarded by barriers illuminated at night. The Contractor shall be responsible for all damage to persons and property directly or indirectly caused by its operations and, under all circumstances, Contractor must comply with the laws and regulations of the State of California relative to safety of persons and property and the interruption of traffic and the convenience of the public within the respective jurisdictions. (c) The Contractor is cautioned that it must replace all improvements in rights-ofway and within the public streets to a condition at least equal to what existed prior to the Contractor’s entry onto the job.
(d) Type and time of construction required at any road subject to interference by the work will be determined by those authorities responsible for maintenance of said road. It shall be the responsibility of the Contractor to determine the nature and extent of all such requirements, including provision of temporary detours as required; however, the construction right-of-way obtained by the City at affected roadways will be adequate for provision of all required detours. As required at any road crossing, the Contractor shall provide all necessary flagpersons, guardrails, barricades, signals, warning signs and lighting to provide for the safety of existing roads and detours. Immediately after the need for temporary detours ceases, or when directed, the Contractor shall remove such detours and perform all necessary cleanup work, including replacement of fences, and removal of pavement. Included shall be all necessary replacement of existing roadway appurtenances, grading work, soil stabilization and dust control measures, as required and directed.
312
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(e) The Contractor shall examine all bridges, culverts, and other structures over which it will move its materials and equipment, and before using them, Contractor shall properly strengthen such structures where necessary. The Contractor shall be responsible for any and all injury or damage to such structures caused by reason of its operations.

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

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

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

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

5.22. CONTRACTOR’S LICENSE NOTICE

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO:

REGISTRAR CONTRACTORS’ STATE LICENSE BOARD
313
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
9821 BUSINESS PARK DRIVE
SACRAMENTO, CALIFORNIA 95827
MAILING ADDRESS:

P.O. BOX 26000
SACRAMENTO, CALIFORNIA 95826

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

5.24. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the Contractor’s bid.
(a) Neither the Contractor nor any Subcontractors shall commence any work until all required insurance has been obtained at their own expense. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A. M. Best’s rating of no less than A-VII.
(b) Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guarantee period. (c) Prior to execution of the Contract, the Contractor shall furnish the City with original endorsements effecting coverage for all policies required by the Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the City. The City may require the Contractor or any Subcontractor to furnish complete certified copies of all insurance policies affecting the coverage required by the Contract. (d) All of the Contractor’s policies shall contain an endorsement providing that written notice shall be given to the City at least sixty (60) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
(e) Any policy or policies of insurance that the Contractor elects to carry as insurance against loss or damage to its construction equipment and tools shall include a provision therein providing a waiver of the insurer’s right to subrogation against the City and the Engineer.
(f) The requirements as to the types, limits, and the City’s approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under the Contract. 314
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(g) In addition to any other remedy the City may have, if the Contractor or any of the Subcontractors fails to maintain the insurance coverage as required in this section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due the Contractor under this Contract. (h) The Contractor and all Subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by the Contractor and all Subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of the Contractor or any Subcontractor to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this contract. (1) Workers’ Compensation and Employer’s Liability Insurance (i) Workers’ Compensation
The Contractor and all Subcontractors shall maintain insurance to protect the Contractor or Subcontractor from all claims under Workers’ Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Workers’ Act. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable State and Federal statutes and regulations. The Contractor shall execute a certificate in compliance with Labor Code section 1861, on the form provided in the Contract Documents. (ii) Claims Against City
If an injury occurs to any employee of the Contractor or any of the Subcontractors for which the employee or its dependents, in the event of its death, may be entitled to compensation from the City under the provisions of the said Acts, or for which compensation is claimed from the City, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by said Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due, the Contractor.
(2) Commercial General and Automobile Liability Insurance The Contractor shall maintain in effect at all times during the performance of the work hereunder not less than the following coverage’s and limits of Commercial General and Automobile Liability insurance:
(i) Form and Amount
The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily injury, personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents or consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence with an aggregate no less than two (2) times the required per occurrence limit applying to bodily injury, personal injury, and property damage, or any combination of the three. Any deductibles must be declared 315
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles as respects the entity, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration expenses, and defense expenses. The commercial general and automobile liability insurance coverage shall also include the following:
(ii) Additional Requirements
Provision or endorsement naming the City, the Engineer and its consultants, and each of their officers, employees, and agents, each as additional insured’s with respect to any potential liability arising out of the performance of any work under the Contract, and providing that such insurance is primary insurance as respects the interest of the City and Engineer, and its consultants, and each of their officers, employees, and agents and that any other insurance, risk pool membership, or other liability protection maintained by the City or maintained by the Engineer is excess to the insurance required hereunder, and will not be called upon to contribute to any loss unless and until all limits available under the Contractor ‘s and Subcontractor’s insurance policy/policies have been paid. The additional insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
(iii) “Cross Liability” or “Severability of Interest” clause. (iv) Broad Form Property Damage, Personal Injury, Contractual Liability, Protective Liability, and Completed Operations coverage’s, and elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.
(v) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract, including, without limitation, that set forth in Section 4.02, Indemnity and Litigation Costs.
(vi) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. (vii) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(3) Builder’s Risk or Installation Floater “All-Risk” Insurance. Before commencement of the Work, the Contractor shall submit written evidence that it has obtained for the period of the Contract, Builder’s Risk “All-Risk” Completed Value Insurance and/or Inland Marine “All-Risk” Installation Floater Insurance, as may be applicable, upon the entire project which is the subject of this Contract, including completed work and work in progress. The policy or policies of insurance shall name the Contractor, City, and Engineer as insured’s as their respective interests may appear, and shall include an insurer’s waiver of subrogation rights in favor of each. Such insurance may have a deductible clause, but the amount of the deductible 316
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
shall be subject to the approval of the City, except that the deductible on earthquake coverage may be in accordance with the underwriter’s requirements.

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

5.26. PROTECTION OF WORK
(a) The Contractor shall be responsible for the care of all the Work until its completion and final acceptance. The Contractor shall, at its own expense, replace damaged or lost material and repair damaged parts of the Work or the same may be done at the Contractor’s expense by the City and the Contractor and its sureties shall be liable therefor. The Contractor shall make its own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the Work. The Contractor shall take all risks from floods and casualties except as provided by law, and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or other casualties or because of danger from flood or other casualties or for delays from such causes. The Contractor may, however, be allowed a reasonable extension of time on account of such delays, subject to the conditions herein before specified. The Contractor shall not be responsible for the cost, in excess of 5% of the contracted amount, of repairing or restoring damage to the Work, if the damage was proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale or by tidal wave’ s; provided that the Work damaged was built in accordance with accepted and applicable building standards, and the plans and specifications of the City. 317
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(b) Contractor shall effectively secure and protect adjacent property and structures, livestock, crops and other vegetation. If applicable, the Contractor shall open fences on or crossing the right-of-way and install temporary gates of sound construction thereon so as to prevent the escape of livestock. Adjacent fence posts shall be adequately braced to prevent the sagging or slackening of the wire. Before such fences are opened, the Contractor shall notify the owner or tenant of the property and, where practicable, the opening of the fence shall be in accordance with the wishes of said owner or tenant. The Contractor shall be responsible that no loss or inconvenience shall accrue to the owner or tenant by virtue of their fences having been opened or the gate not having been either shut or attended at all times. Where special types of fences are encountered, the Contractor shall install temporary gates made of similar materials and of suitable quality to serve the purposes of the original fences. In all cases where the Contractor removes fences to obtain workroom, the Contractor shall provide and install temporary fencing as required, and on completion of construction shall restore the original fence to the satisfaction of the Engineer. All costs of providing, maintaining and restoring gates and fencing shall be home by the Contractor. The Contractor shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions.
(c) The Contractor shall use extreme care during construction to prevent damage from dust to crops and adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-of-way and take other preventative measures as directed by the Engineer.
(d) The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or its employees in the course of their employment, whether such trespass was committed with or without the consent or knowledge of the Contractor. (e) The Contractor shall see that the Site is kept drained and free of all ground water and any other water, which may impede the progress or execution of the Work. (f) The Contractor shall be responsible for any damage caused by drainage or water runoff from construction areas and from construction plant areas. (g) In an emergency affecting the safety of life, the Work, or adjoining property, the Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act at its discretion to prevent such threatened loss or injury, and the Contractor shall so act without appeal if so instructed or authorized. Any compensation claimed by the Contractor on account of emergency work shall be determined as specified In Section 2.07. Should the Engineer deem an emergency condition to exist, the Contractor shall immediately do those things and take those steps ordered by the Engineer. The decision of the Engineer in this respect shall be final and conclusive. Any claims for compensation made by the Contractor on account of emergency work shall be determined as specified in Section 2.07. (h) Except as provided by Government Code section 4215, the Contractor shall be responsible for the removal, relocation and protection of all public and private utilities, including irrigation facilities in the nature of utilities, located on the site of the construction project if and to the extent that the same are identified in the Contract Documents, and the Contractor shall not be entitled to any extension of time or claim for damages for extra compensation in connection therewith. If and to the extent that such utilities or facilities are not identified in the Contract Documents, as between the Contractor and the City, the City will be responsible for the cost of their removal, relocation or protection, as the case may be, but the Contractor shall perform any 318
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
such work in conformance with applicable provisions of Sections 2.06 and 2.07, if so directed by the Engineer. In such situations the Contractor shall not be responsible for delay in completion of the project caused by the failure of the City or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the City in the Contract Documents, the Contractor shall immediately notify the Engineer in writing.
(i) Subject to the provisions of this section, where the Work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the Work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the Work.

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

5.28. NO PERSONAL LIABILITY
Neither the City, the Engineer, nor any of their other officers, agents, or employees shall be personally responsible for any liability arising under the Contract, except such obligations as are specifically set forth herein.
319
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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 320
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
Holiday. Failure to provide said notification will void the City’s obligation to provide inspection.

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

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

6.04. DELAY IN THE WORK – TIME EXTENSIONS
The Contractor shall at all times employ such force, plant, materials, and tools as will be sufficient, in the opinion of the Engineer, to prosecute the Work at not less than the rates fixed under the terms of the Contract and to complete the Work thereof within the time limits fixed therein. If the Contractor refuses or fails to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or fails to complete said work within such time, the City may exercise the termination provisions set forth in Section 6.05, below. (a) Excusable Delays. Excusable delays shall be delays in the controlling operation of the Contractor’s work due to strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, or any other act(s) of God beyond the Contractor’s control, or by delay authorized by the City, or by any cause which the City shall decide to justify the delay. Except as provided in Section 6.04(f), below, in the event of an excusable delay, the time of completion shall be extended for such reasonable time as the City may decide. The Contractor’s right to an 321
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
extension of time for an excusable delay is expressly subject to Contractor’s giving written notice of such claim within ten (10) days following the date the Contractor knew or should have known of the delay. Failure to give such notice shall be construed as a waiver of such right. It is understood and agreed that extensions of time shall be the Contractor’s sole and exclusive remedy for excusable delays.
(b) Compensable delays. Compensable delays shall be delays in the controlling operating of the Contractor’s work due to acts or neglect of the City, its employees or those under it by contract or otherwise, or by changes ordered in the work. In the event of a compensable delay, the time of completion shall be extended for such reasonable time as the City may decide. In addition, the Contractor may recover its direct costs as provided in Section

6.05. The Contractor’s remedies for compensable delays are expressly subject to Contractor’s giving ten (10) days written notice of such claim from the date the Contractor knew or should have known of the delay. It is understood and agreed that the Contractor’s sole and exclusive remedies for compensable delays shall be an extension of the time and recovery of its direct costs as compensable hereunder, but only in accordance with the provisions of the Contract Documents.
(c) Contractor and City understand and agree that the Contract time for the completion of this project is a very important part of the contract. Extensions of time will only be granted as provided above when events actually cause the Contractor to be delayed in the performance of that schedule activity which is the controlling operation as of the time of the delay. When acts or omissions occur which could cause delay, Contractor will take all reasonable means in order to be able to continue to work as scheduled without any delay, or as short a delay as possible. Additionally, if inclement weather causes accumulation of standing water on the work site or other conditions which might cause delay, Contractor shall take all measures reasonably necessary to permit work to continue as quickly as possible. (d) If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by date substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Adverse weather conditions shall be considered only as those conditions that exceed the average annual number of rain days and rain quantities as established by the Annual Local Climatological Summary and NOAA National Technical Memorandum NWS WR-65 (Revised) as published by the United States Government, National Weather Service, National Climate Center, Asheville, North Carolina. (e) The Engineer shall be responsible for determining when adverse weather conditions result in non-workable days. It shall be the Contractor’s duty to stay informed of such determinations by the Engineer. The Contractor may object to such adverse weather determinations by filing with the Engineer a written notice of objection. The notice of objection shall state the basis of the objection and provide supporting documentation, which substantiates that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. All such notices of objection shall be filed within three (3) days of the day in dispute. It is hereby agreed that the Contractor’s failure to submit a written notice of objection within three (3) days of the Engineer’s adverse weather determination shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise. (f) The Engineer will, within a reasonable period of time, issue a ruling on the Contractor’s notice of objection. All such rulings by the Engineer shall be final, unless the 322
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
Contractor files a written protest within fifteen (15) days of the Engineer’s ruling. This protest shall clearly state the basis of the dispute. Such protest will be forwarded promptly to the City, which will issue a decision on each such protest. The City decision will be final. Pending the City decision, the Contractor shall proceed with its work in accordance with the Engineer’s ruling and/or instructions. It is hereby agreed that the Contractor’s failure to file a protest within fifteen days (15) of the Engineer’s ruling shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise.
(g) The number of days that are anticipated to be non-workable due to adverse weather conditions shall be as set forth in Section 4.0 of the Special Conditions. Days deemed non-workable by the Engineer in excess of such anticipated number shall be considered excusable delays.
(h) Unexcused delays shall be delays in the Contractor’s work due to acts or neglect of the Contractor, its employees, Subcontractors or those under it by contract or otherwise. In the event of an unexcused delay, the Contractor expressly agrees that it shall not be entitled to either an extension of time or recovery of its costs.
(i) A request for an extension of time, or the granting of an extension of time, shall not constitute a basis for any claim against the City for additional compensation or damages unless caused by the City or another Contractor employed by the City.

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

6.06. TERMINATION FOR CONVENIENCE
If at any time before completion of the Work, the City determines that it is either impossible or against the interests of the City to complete the Work, or if the Work is stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the City may, upon ten (10) days written notice to the Contractor, discontinue the Work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the Work in such manner, sequence, and at such times as described below. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the Work thus dispensed with, nor any other actually performed up to the time of discontinuance, including any Extra Work ordered by the Engineer to be done, nor for any claim for liquidated damages.
323
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
Termination of the Contract for convenience and the total compensation payable to the Contractor in the event of termination shall be governed by the following:
(a) The Engineer will issue the Contractor a written notice signed by the Engineer, specifying that the Contract is to be terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:
(1) Stop all Work under the Contract except that specifically directed to be completed prior to Acceptance.
(2) Perform Work the Engineer deems necessary to secure the project for termination.
(3) Remove equipment from the site of the Work.
(4) Take such action as is necessary to protect materials from damage. (5) Notify all Subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
(6) Provide the Engineer with an inventory list of all material previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of material not yet used in the Work as directed by the Engineer.

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

To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
(10) Take such other actions as the Engineer may direct. (b) Termination of the Contract shall not relieve the Contractor of responsibility for damage to materials except as follows:
(1) The Contractor’s responsibility for damage to materials for which partial payment has been made and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations he or she has directed.
324
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, he or she will recommend that the Engineer formally accept the Contract, and immediately upon and after such Acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of his or her Contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the Engineer. (c) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
(1) The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general administrative Overhead not to exceed a total of seven (7%) percent of Direct Costs of such Work.
(2) A reasonable allowance for profit on the cost of the Work performed as determined under Section 2.04(a) above, provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that he or she would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed four (4%) percent of said cost.
(3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the Contract.

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

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

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

6.07. TERMINATION FOR DEFAULT
325
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
(a) In the event of any default by the Contractor as described below, the City may, after giving ten (10) days’ written notice to the Contractor, terminate the Contractor’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
(1) Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. (2) Filing of bankruptcy by the Contractor, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Contractor’s insolvency without discharge of the receiver within ten (10) days after its appointment.
(3) Failure to make prompt payments to Subcontractors or suppliers. (4) Persistent disregard of laws, ordinances, or the instructions of the Engineer, or other substantial violation of any provision of the Contract. (b) In the event the right of the Contractor to proceed with the Work, or any portion thereof, has been terminated because of the default of the Contractor and the Contractor has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Contractor and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City. (c) Upon termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Contractor in accordance with the terms of the Contract, then the difference shall be paid to the Contractor in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Contractor would otherwise have been paid, the Contractor and its sureties shall be liable to the City for the full amount of such excess expense.
(d) The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract.

6.08. FAILURE TO TIMELY COMPLETE THE WORK – LIQUIDATED DAMAGES (a) Liquidated Damages
(1) It is agreed by the parties to this Contract that time is of the essence. In the event all the Work is not completed before or upon the expiration of the time limit as set in the Bid, Contract and/or Progress Schedule, or within any time extensions that may have been 326
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
granted, damage will be sustained by the City; and that it may be impracticable to determine the actual amount of damage by reason of such delay. Accordingly, it is agreed that the Contractor shall pay to the City as damages the amount set forth for each and every day’s delay in finishing the Work in excess of the number of days specified. Liquidated damages shall be paid at a rate of one thousand dollars ($1,000.00) per day unless otherwise stated in the Contract Documents.

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

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

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

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

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

The Contractor shall make its own arrangements for the disposal of waste materials. If the Contractor elects to dispose of such materials on private property, Contractor shall obtain written permission from all property owners involved.
327
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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 328
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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 329
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
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. 330
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
The Engineer will then certify to said final estimate and to the completion of the Work, and will file copies thereof with the City and the Contractor, and shall cause of Notice of Completion to be filed with the Yolo County Clerk-Recorder . The date of completion shall be the date of filing of the Notice of Completion. All guarantees, warranties, and securities securing said guarantees and warranties, shall commence on said date.

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

7.09. FINAL PAYMENT
Within ten (10) days after the date of completion, the City will file in the Office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. Within sixty (60) days of completion defined in Public Contract Code section 7107, the difference between said final estimate and all payments theretofore made to the Contractor shall be due and payable to the Contractor, subject to any requirements concerning the 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 331
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
Updated 120424
which partial Payments may have been made, being merely estimates, shall be subject to correction in the final certificate.

7.10. FINAL RELEASE
Final payment to the Contractor in accordance with the final estimate is contingent upon the Contractor furnishing the City with a signed written release of all claims against the City arising by virtue of the Contract. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release. The release shall be in substantially the form specified in California Civil Code section 8138. 332
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
1795423.1 7203-038
PART 3 SUPPLEMENTAL CONDITIONS
(SPECIAL PROVISIONS)
333
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
1795423.1 7203-038

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
334
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
1795423.1 7203-038
PART 4 TECHNICAL SPECIFICATIONS
The work shall be performed in accordance with the latest edition of the City of West Sacramento Standard Specifications – Division IV: Standard Construction Specifications and Caltrans Standard Specifications 2015, except as modified by these Technical Specifications.

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

Contractor shall provide submittals (shop drawings) for all materials to be installed or used on the project.
[Technical Specifications]
335
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
1795423.1 7203-038
PART 5 APPENDIX
336
Process Measurement Group dba Toledo Industrial Coatings PWO26-261 – Water Treatment Plant Caustic Containment Painting 90 Working Days
1795423.1 7203-038
PART 6 CONTRACT DRAWINGS
(BOUND SEPARATELY)
337

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2026 ITEM # 17
SUBJECT:

CONSIDERATION OF APPROVAL OF THE MINUTES OF THE AUGUST 5, 2026

REGULAR MEETING OF THE WEST SACRAMENTO CITY COUNCIL, REDEVELOPMENT

SUCCESSOR AGENCY, AND WEST SACRAMENTO FINANCING AUTHORITY INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jennifer Cusmir, City Clerk
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with the draft minutes of the August 5, 2026 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve the minutes of the August 5, 2026 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.

BACKGROUND
N/A

ANALYSIS
N/A
Environmental Considerations
N/A
Commission Recommendations
N/A
Strategic Plan Integration
N/A
Coordination and Review
N/A
Budget Cost Impact
N/A

ATTACHMENT(S)
1) Draft Minutes of the August 5, 2026 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority. 338

WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
AUGUST 5, 2026 MINUTES
The meeting was called to order at 7:06 p.m.

Present
Mayor Martha Guerrero; Council Member Dawnte Early; Council Member Quirina Orozco; Council Member Norma Alcala; Mayor Pro Tem Verna Sulpizio Hull GENERAL ADMINISTRATION FUNCTION – PART I

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

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

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

The City Council received public comment on items not on the agenda within the City's jurisdiction.

PRESENTATIONS
None.

CONSENT AGENDA
Approved the Consent Agenda.

MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED

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)
Approved and authorized 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; authorized the City Manager, or his designee, to execute contract amendments or change orders up to 20% ($25,927.96) of the contract amendment value; authorized the City Manager, or his designee, to execute non-substantive changes or modifications to the construction contract, with approval from the City Attorney; and authorized the City Manager, or 339
2 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) Found 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; awarded a construction contract to Don Lawley Company, Inc. for the Building and Site Demolition for 817 West Capitol Avenue project; authorized the City Manager, or his designee, to execute a contract with Don Lawley Company, Inc. in the amount of $159,900; authorized 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 authorized 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
Adopted 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) Found 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 found that the determination represents the independent judgment of the City; approved and authorized the City Manager, or his designee, to execute a construction contract with Pro-Ex Construction Inc., in the amount of $231,878; authorized the City Manager, or his designee, to execute amendments or change orders up to 30% ($69,563.40) of the contract amendment value; authorized the City Manager, or his designee, to execute nonsubstantive changes or modifications to the construction contract, with approval from the City Attorney; and authorized 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)
Approved and authorized 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); authorized the City Manager or their designee to execute non-substantive changes and modifications, with approval from the City Attorney; and authorized 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) 340
3 Approved and authorized 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; approved 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; authorized the City Manager, or his designee, to execute non-substantive changes or modifications, with approval from the City Attorney; and authorized 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)
Rejected 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
Received the Urban Level of Flood Protection Report and adopted 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 Authorized 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 adopted 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
Authorized 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
Adopted 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
341
4 Approved 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.

Conducted a public hearing; closed the public hearing and adopted 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.

MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED

REGULAR AGENDA
None.

GENERAL ADMINISTRATION FUNCTION – PART II

15. COUNCIL COMMUNICATIONS / REPORTS ON REGIONAL

COMMITTEE/COMMISSION/BOARD ASSIGNMENTS
There were no reports from Council on their regional commission, committee, or board assignments.

16. PART II
A. Council Calendar
Assistant City Manager Berlin reported on the Council Calendar.

B. City Manager Report
City Manger Laurel provided the City Manager report and introduced Assistant City Attorney Mona Ebrahimi.

C. City Attorney Report
No report.

D. Staff Direction from City Council Members
None.
342
5 E. Future Agenda Item Requests by Council
City Manager's Office
(i) Request to consider adding a proclamation honoring a local student for a heroic act to a future City Council meeting agenda. (Orozco)
Approved adding a proclamation honoring a local student for a heroic act to a future City Council meeting agenda.

MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
City Manager's Office
(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)
Approved adding a proclamation honoring West Sac 10U and 14U Girls Softball for having been invited to Nationals to a future City Council meeting agenda.

MOTION: Orozco SECOND: Guerrero
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
F. Adjourn
Adjourned at 7:46 p.m.

MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on [DATE].

Jennifer Cusmir, City Clerk
343

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2026 ITEM # 18
SUBJECT:

CONSIDERATION OF A RESPONSE TO THE YOLO COUNTY GRAND JURY REPORT TITLED UNIFIED ACTION: STRENGTHENING THE YOLO COUNTY HOMELESSNESS

RESPONSE
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Taylor Nelson, Business Manager
Police Department
Raul Huerta-Castro, Housing Manager
Economic Development & Housing Department
Mike Cahill, Administrative Analyst
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X ] Action

OBJECTIVE
The objective of this report is to seek City Council approval of a response to a report from the Yolo County Grand Jury titled “Unified Action: Strengthening the Yolo County Homelessness Response”.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council review and approve the attached response to the Yolo County Grand Jury report titled “Unified Action: Strengthening the Yolo County Homelessness Response”.

BACKGROUND
On June 18, 2026, City staff received a Grand Jury report titled “Unified Action: Strengthening the Yolo County Homelessness Response”. A copy of the report is attached.

According to Penal Code Section 933 and 933.05, the City Council is required to respond in writing and in electronic form to certain findings and recommendations of the Grand Jury report within 90 days.

ANALYSIS
Staff has reviewed the Grand Jury report titled “Unified Action: Strengthening the Yolo County Homelessness Response” and the findings and recommendations for which responses are required by the City Council.

FINDINGS
F1. Commendation of Service: The Grand Jury finds that Paul’s Place, Fourth & Hope, and the Homeless Emergency Housing Program are performing exemplary work. Their ability to maintain a standard of dignity, safety, and comprehensive case management-despite severe resource constraints-is a testament to the exceptional leadership and dedication exhibited by the staff at these locations.

F2. A lack of sufficient staffing persists:
a. Fourth & Hope remains overly dependent on volunteer labor to fulfill essential maintenance and security functions, creating potential gaps in safety and upkeep. b. Paul's Place struggles to provide the 24-hour staffing necessary to maintain care standards for its clients.
c. The West Sacramento program is operated by the City and appears to be less impacted by staffing issues.
d. While HPAC serves as the federally mandated "Continuum of Care" (CoC) body essential for securing millions in grant funding-it operates with a severe staffing deficit that prioritizes administrative compliance over community engagement.
344
Response to Yolo County Grand Jury Report
August 19, 2026

Page 2 ends
← All documents from this meeting