Sacramento City Council
May 2, 2023

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00393 5/2/2023 Consent Item 5.

Agreement: Emergency Sewer Repair - 14th and S Streets File ID: 2023-00393
Location: District 4, Represented by Councilmember Valenzuela Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to ratify City Agreement C2023-0110 with Steve P. Rados, Inc. for the emergency repair of the Sewer Main at the intersection of 14th Street and S Street for an amount not to exceed $79,786.05;
Contact: Tim Moresco, Project Manager (916) 808-1432; Roxanne Dilley, Supervising Engineer (916) 808-1458; Sherill Huun, Engineering & Water Resources Division Manager, (916) 808-1455; Pravani Vandeyar, Department of Utilities Director, (916) 808-3765; Department of Utilities Presenter: None
Attachments:
1-Description/Analysis
2-Agreement
Additional Description/Analysis
Issue Detail: Staff recommends Council ratify City agreement number 2023-0270 with Steve P.

Rados, Inc. for the emergency construction services to repair the damaged sewer pipe at the intersection of 14th Street and S Street. This work included the excavation of the 54-inch sewer pipe, removal and replacement of the damaged pipe, trench backfill and compaction, and final asphalt paving.

This damage was identified in September 2022, and City staff determined this was in need of immediate repair due to the rainy season approaching. The sewer main was originally damaged by Golden State Utility Company during a project installing new conduit for fiber optic lines, and due to the size of the sewer pipe, they determined their company would be unable to perform the proper repair. Department of Utilities (DOU) engineering staff reached out to the appropriate DOU managers as well as the assigned Deputy City Attorney to determine that the emergency contracting route was appropriate for this repair. The City was already in contract with Steve P. Rados, Inc, for emergency repair services for the N12 Sewer Bypass Repair, and given their capabilities of repairing

File ID: 2023-00393 5/2/2023 Consent Item 5.
larger pipes, the City asked them to provide the emergency services for this repair at the intersection of 14th Street and S Street. The work took place between September 29, 2022 and October 13, 2022 and prices were determined through the cost and percentage method as defined in Section 8-10 of the City’s Standard Specifications. On December 16, 2022, the City received the invoice for the work performed from the Contractor.

Golden State Utility Company agreed to reimburse the City for the costs associated with the repairs since they were responsible for the damage. They have signed a reimbursement agreement, City Agreement C2023-0269, to reimburse the City for this work.

Per City Code Section 3.60.070, the City Manager is required to present a report on the emergency to Council at the next available meeting of the Council. City staff scheduled this Council item once the final contractor costs were received and the reimbursement agreement was executed so that all relevant information would be presented to Council at one time.

Policy Considerations: This action is consistent with City Code section 3.60.070, which requires the City Manager to present a report to Council describing the emergency, the actions taken, and the emergency contracts that were executed.

Economic Impacts: This project is expected to create 0.32 total jobs (0.18 direct jobs and 0.14 jobs through indirect and induced activities) and create $49,262.70 in total economic output ($31,050.66 of direct output and another $18,212.04 of output through indirect and induced activities).

The indicated economic impacts are estimates calculated using a calculation tool developed by the Center for Strategic Economic Research (CSER). CSER utilized the IMPLAN input-output model (2009 coefficients) to quantify the economic impacts of a hypothetical $1 million of spending in various construction categories within the City of Sacramento in an average one-year period. Actual impacts could differ significantly from the estimates and neither the City of Sacramento nor CSER shall be held responsible for consequences resulting from such differences.

Environmental Considerations: This project is exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines governing existing facilities, in that it meets the definition of restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety.

Sustainability: The proposed project is consistent with the 2035 General Plan as it improves infrastructure reliability and addresses existing safety and health impacts.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: City Code Section 3.60.070 allows for the City Manager to negotiate and contract for public projects without advertising for bids when public interest and

File ID: 2023-00393 5/2/2023 Consent Item 5.
necessity demand immediate action, repair or replacement to safeguard life, health, or property, to permit the continued conduct of city operations or services, or to mitigate further damage.

An emergency contract was necessary in this instance to ensure that repairs were conducted in a timely manner to prevent the sewer main from causing a sinkhole and becoming a safety hazard, and furthermore, to prevent the combined sewer water from backing up and causing a combined sewer outflow and potentially entering the City’s waterways. Steve P. Rados, Inc. was selected to perform the emergency repair work based on cost and percentage method as defined in Section 8-10 of the City’s Standard Specifications.

Financial Considerations: There is sufficient funding in the Department’s Approved Fiscal Year (FY) 2022/23 Operating Budget to fund Agreement C2023-0270. Golden State Utility Company will reimburse the City for the work performed, as the responsible party (Agreement C2023-0269).

There are no General Funds allocated or planned for this project.

Local Business Enterprise (LBE): Steve P. Rados, Inc. is an LBE.

CONTRACT ROUTING SHEETContract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.General Information (Required)Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________Assessor’s Parcel Number(s): ________________________________________________________________Contract Effective Date: _________ Contract Expiration Date (if applicable): _________$ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________Other Party: ______________________________________________________________________________Project Title: _____________________________________________________________________________Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________City Council Approval: if YES, Council File ID#: __________Contract Processing ContactsDepartment: ______________________________Contract Coordinator: _______________________Project Manager: _________________________________Department Review and Routing(Signature) (Date)(Signature) (Date)(Signature) (Date)(Signature) (Date)Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.)_______________________________________________________________________________________------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ Steve P. Rados, Inc.14001421Utilities04/30/202309/29/2022Tim [email protected] Sewer Repair - 14th and S StreetsNORobyn Noguchi$79,786.05

Form Approved by City Attorney 912020 Page 1
CONTRACT #:CONTRACT NAME: Emergency Sewer Repair–14thand S StreetsCONTRACT PROJECT #: Dept ID14001421DEPARTMENT: UtilitiesDIVISION: WastewaterCITY OF SACRAMENTOPROFESSIONAL SERVICES AGREEMENTFOR CONSTRUCTIONRELATED SERVICES(NOT PERFORMED BY ARCHITECTS,LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS,OR PROFESSIONAL LAND SURVEYORS)THIS CONTRACTis made at Sacramento, California, by and between theCITY OF SACRAMENTO,a charter city and municipal corporation(“CITY”),andSteve P. Rados, Inc.2002 E. McFadden Ave, Suite 200, Santa Ana, CA 92705Phone: (714) 8354612/Email: [email protected](“Contractor”),as of the Effective Date, as defined below.The City and Contractor agree as follows:1.Effective Date.This Contract shall be effective beginning .2. Contract Documents.All exhibits and documents attached or referred to in this Contract areincorporated as if set forth herein, Including Exhibit A (titled“ScopeofServices”)and Exhibit B(titled“Payment”).If there is a conflict between the terms and conditions of any document prepared or provided bythe Contractor and made a part of this Contract and the other terms or conditions of the Contract,the other terms and conditions of the Contract control.3.Services.Subject to the terms and conditions set forth in this Contract, Contractor shall provideto CITY the services described in Exhibit A(“Services”).Contractor will not be compensated for services outside the scope of Exhibit A(“AdditionalServices”)unless, before providing Additional Services: (a) Contractor notifies CITY and CITYagrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimatesthe additional compensation required for these Additional Services; and (c) CITY, after notice,approves in writing a Supplemental Contract specifying the Additional Services and the amountof additional compensation to be paid Contractor.CITY will have no obligations whatsoever under this Contract or any Supplemental Contract,unless and until this Contract or any Supplemental Contract is approved by the City as required Form Approved by City Attorney 912020 Page 2
by the Sacramento City Code. As used in this Contract, the term“Services”includes both Servicesand Additional Services as applicable.4.Payment.CITY shall pay Contractor at the times and in the manner set forth in Exhibit B.Contractor shall submit all invoices to CITY in the manner specified in Exhibit B.5.Facilities and Equipment.Except as set forth below, Contractor shall, at its sole cost and expense,furnish all facilities and equipment required for Contractor to perform this Contract. CITY shallfurnish to Contractor only the facilities and equipment listed below, if any.6.Insurance.Contractor shall, at its sole cost and expense, maintain the insurance coveragedescribed in the attached Exhibit C.7.General Conditions.Contractor shall comply with the terms and conditions set forth in theattached Exhibit D.8.Additional Requirements for Surveying, Material Testing, and Inspection Services.If thisContract includes anyland surveying, material testing, or inspection services provided for aCity construction project, during the design, preconstruction, construction, or postconstruction phases of the project, the Contractor and any subcontractor or subconsultantperforming any such services shall comply with the provisions specified in the attached ExhibitE.9.NonDiscrimination in Employee Benefits.This Contract may be subject to Sacramento CityCode chapter 3.54, NonDiscrimination in Employee Benefits by City Contractors. A summaryof the requirements, entitled "Requirements of the NonDiscrimination in Employee BenefitsCode (Equal BenefitsOrdinance),”can be viewed at:https://www.cityofsacramento.org/Finance/Procurement/ContractOrdinances.Contractor acknowledges andrepresents that Contractor has read and understands therequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.54. If requested by City, Contractor shall promptly provide any documents andinformation required by City to verify Contractor's compliance.Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach ofthis Contract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.10.Considering Criminal Conviction Information in the Employment Application Process.ThisContract may be subject to the requirements of Sacramento City Code chapter 3.62, Proceduresfor Considering Criminal Conviction Information in the Employment Application Process. Asummary of the requirements, entitled“BanTheBoxRequirements,”can be viewed at:https://www.cityofsacramento.org/Finance/Procurement/ContractOrdinances.

Form Approved by City Attorney 912020 Page 3
The BanTheBox Requirements are applicable to certain contracts with the City in an amountof $250,000 or more (either initial value or total value after amendment) or if the total value ofall Contractor's contracts with the City is $250,000 or more over a 12month period.Contractor acknowledges and represents that Contractor has read and understands theserequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.62. If requested by City, Contractor shall promptly provide any documents andinformation required by City to verify Contractor's compliance. Contractor shall requireapplicable subcontractors to fully comply with all applicable requirements of Sacramento CityCode chapter 3.62 and include these requirements in all subcontracts covered by SacramentoCity Code chapter 3.62.Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of thisContract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.11.Local Business Enterprise Program. The Local Business Enterprise Program ParticipationRequirements ("LBE Participation Requirements") may be applicable to this Contract. A summaryof the requirements, entitled "LBE Participation Requirements," can be viewed at:https://www.cityofsacramento.org/Finance/Procurement/ContractOrdinances.Contractor acknowledges and represents that Contractor has read and understands theserequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.60. If requested by City, Contractor shall promptly provide any documents andinformation required by City to verify Contractor's compliance. Contractor shall requireapplicable subcontractors to fully comply with all applicable requirements of Sacramento CityCode chapter 3.60 and include these requirements in all subcontracts covered by SacramentoCity Code chapter 3.60.Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach ofthis Contract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.12.Authority.The person signing this Contract for Contractor represents and warrants that he orshe has read, understands, and agrees to all the Contract terms and is fully authorized to sign thisContract on behalf of the Contractor and to bind the Contractor to the performance of theContract’sobligations.[Signatures Page Following Exhibits] Form Approved by City Attorney 912020 Exhibit APage 1
EXHIBIT ASCOPE OF SERVICES1.Representatives.The CITY Representative for this Agreement is:Tim Moresco/Senior Civil Engineer1395 35thAvenue, Sacramento, CA 95822Phone: (916) 8081432/Email: [email protected] CONTRACTOR Representative for this Agreement is:Steve P. Rados, Inc.2002 E. McFadden Ave, Suite 200, Santa Ana, CA 92705Phone: (714) 8354612/Email: [email protected] otherwise provided in this Contract, all Contractor questions and correspondencepertaining to this Contract must be addressed to the City Representative. All City questions andcorrespondence must be addressed to the Contractor Representative.2.Scope of Services.Contractor shall provide Services to City as set forth in Attachment 1 to thisExhibit A.3.Time of Performance.The Services described in this Contract shall be provided for the periodof September 29, 2022 through and including April 30, 2023.Contractor shall provide theServices in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shallimmediately notify the City if Contractor is unable to make delivery of Goods or performServices in compliance with this Contract.4.Conflict of Interest Requirements.The individual(s) who will provide Services pursuant to thisContract are“Consultants”within the meaning of the Political Reform Act and theCity’sConflict of Interest Code. ____ yes _X_ no[check one]Contractor shall cause the following to occur within 30 days after execution of this Contract:(A) Identify the individuals who will provide Services or perform Work under this Contractas "Consultants"; and(B) Cause these individuals to file with the City Representative the "assuming office"statements of economic interests required by the City's Conflict of Interest Code.Thereafter, throughout the term of the Contract, Contractor shall cause these individuals to filewith the City Representative annual statements of economic interests and "leaving office"statements of economic interests, as required by the City's Conflict of Interest Code. The Citymay withhold all or a portion of any payment due under this Contract or impose fines on theindividuals until all required statements are filed.

Attachment 1–Exhibit AScope of ServicesSteve P. Rados, Inc. is to remove and replace a 10 ft segment of 54inch Vylon PVC Pipe that waspreviously damaged. Work will include, but is not limited to, the following: Sawcutting Excavation Trench Shoring and Bracing Removal of existing damaged 54inch Vylon PVC Pipe Installation of 10 ft segment of Vylon PVC Pipe CLSM backfill to springline of pipe Class II Aggregate Base backfill Asphalt Concrete Paving Traffic Control will be performed by Golden State Utility CompanyAll work will be performed based on the“costandpercentage”method as defined in Section 810 of theCity’sStandard Specifications. All work will also be performed based on the guidelines set forth in theCity’sStandard Specifications and Standard Details.

Form Approved by City Attorney 912020 Exhibit BPage 1
EXHIBIT BPAYMENT1.CONTRACTOR’sCompensation.The total of all fees paid to the Contractor for the provision ofServices as set forth in Exhibit A, including any authorized reimbursable expenses, shall notexceed the total sum of $79,786.05.The payments specified in this Exhibit B shall be the onlypayments made to Contractor unless the City approves a Supplemental Contract.2.Billable Rates.Contractor shall be paid for the performance of Services on an hourly rate, dailyrate, flat fee, lump sum, or other basis, as set forth in Exhibit A or Attachment 1 to this Exhibit Band any applicable special provisions included in the request for bids or proposals. If there is aconflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.3.CONTRACTOR’sReimbursable Expenses.“ReimbursableExpenses”are limited to actualexpenditures of Contractor for expensesthat are necessary for the proper satisfaction of theContract and are only payable if specifically authorized in advance in writing by the City. Nocharges or markup will be allowed unless specified in the Contract, including charges for traveland transportation.4.Payments to CONTRACTOR.Contractor is responsible for supplying all documentationnecessary to verify invoices to theCity’ssatisfaction.A. Payments to Contractor shall be made within a reasonable time after receipt ofContractor’sinvoice, in proportion to services performed or as otherwise specified inAttachment 1 to Exhibit B. Contractor may request payment on a monthly basis.Contractor shall be responsible for the cost of supplying all documentation necessary toverify the monthly billings to the satisfaction of CITY.B. Invoices must be submitted to either of the addresses specified below.(1) Email. Submit email invoices and any attachments to:[email protected](2) Postal Mail. If emailing is not an option, mail to:A/P Processing CenterCity of Sacramento915 I Street, Floor 4Sacramento, CA 958142608C. All invoices submitted by Contractor must contain the following information:(1) Job/Project Name(2)CITY’scurrent Purchase Order Number(3)Contractor’sInvoice Number(4) Date of Invoice Issuance(5) Work Order Number (if applicable)(6) CITY representative identified on the Purchase Order Form Approved by City Attorney 912020 Exhibit BPage 2
(7)Contractor’sremit address(8) Description of services billed under Invoice(9) Amount of Invoice (itemize all authorized Reimbursable Expenses)(10) Total Billed to Date under Contract (if applicable)D. Items must be separated into Services and Reimbursable Expenses. Invoices that do notconform to the format outlined above will be returned to Contractor for correction. CITYis not responsible for delays in payment to Contractor resulting fromContractor’sfailureto comply with the invoice format described above.5.Additional Services.Additional Services shall be provided only when a Supplemental Contractauthorizing the Additional Services is approved in writing by the City in accordance with theCity’scontract amendment procedures. The City reserves the right to perform any Additional Serviceswith its own staff or to retain other contractors to perform the Additional Services.6.Accounting Records of CONTRACTOR.During performance of this Contract and for a period ofthree years after completion of performance, Contractor shall maintain all accounting andfinancial records related to this Contract, in accordance with generally accepted accountingpractices, including records ofContractor’scosts for performance under this Contract andrecords ofContractor’sReimbursable Expenses. Contractor shall keep and make recordsavailable for inspection and audit by representatives of the CITY upon reasonable written notice.7.Tax Payments.Contractor shall pay, when and as due, any and all taxes incurred as a result ofContractor’scompensation hereunder, including estimated taxes, and shall provide CITY withproof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims,losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out ofContractor’sbreach of this section.

Form Approved by City Attorney 912020 Exhibit CPage 1
EXHIBIT CINSURANCE1.Insurance Requirements. During the entire term of this Contract, Contractor shall maintainthe insurance coverage described in the Insurance Terms below. Full compensation for allpremiums that Contractor is required to pay for the insurance coverage described herein shallbe included in the compensation specified under this Contract. No additional compensationwill be provided for Contractor's insurance premiums. Any available insurance proceeds inexcess of the specified minimum limits and coverages shall be available to the City.Contractor's liability to the City is not in any way limited to or affected by the amount ofinsurance coverage required or carried by the Contractor in connection with this Contract.2.General Liability Minimum Scope and Limits of Insurance Coverage.Commercial GeneralLiability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 onan occurrence basis for bodily injury, including death, of one or more persons, propertydamage, and personal injury, arising out of activities performed by or on behalf of theContractor and subcontractors, products and completed operations of Contractor andsubcontractors, and premises owned, leased, or used by Contractor and subcontractors, withlimits of not less than one million dollars ($1,000,000) per occurrence. The policy shall providecontractual liability and products and completed operations coverage for the term of thepolicy.The City, its officials, employees and volunteers shall be covered by policy terms orendorsement as additional insureds as respects general liability arising out of: activitiesperformed by or onbehalf of Contractor and subcontractors; products and completedoperations of Contractor and subcontractors; and premises owned, leased, or used byContractor and subcontractors.3.Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check theapplicable provision.)_X_ Automobile Liability Insurance is required providing coverage at least as broad as ISOForm CA 00 01 for bodily injury, including death, of one or more persons, propertydamage and personal injury, with limits of not less than one million dollars ($1,000,000)per occurrence. The policy shall provide coverage for owned, nonowned and/or hiredautos as appropriate to the operations of the Contractor.The City, its officials, employees and volunteers shall be covered by policy terms orendorsement as additional insureds as respects auto liability.___ No automobile liability insurance is required, and by signing this Contract, Contractorcertifies as follows:“Contractorcertifies that a motor vehicle will not be used in the performance of any workor services under this agreement. If, however, Contractor does transport items under thisContract, or this Contract is amended to require any employees of Contractor to use a Form Approved by City Attorney 912020 Exhibit CPage 2
vehicle to perform services under the Contract, Contractor understands that it mustmaintain and provide evidence of Automobile Liability Insurance providing coverage atleast as broad as ISO Form CA 00 01 for bodily injury, including death, of one or morepersons, property damage and personal injury, with limits of not less than one milliondollars ($1,000,000)per occurrence. The policy shall provide coverage for owned, nonowned and/or hired autos as appropriate to the operations of theContractor.”4.Excess Insurance. The minimum limits of insurance required above may be satisfied by acombination of primary and umbrella or excess insurance coverage, provided that any umbrellaor excess insurance contains, or is endorsed to contain, a provision that it will apply on a primarybasis for the benefit of the City, and any insurance or selfinsurance maintained by City, itsofficials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverageand will not contribute to it.5.Workers’Compensation Minimum Scope and Limits of Insurance Coverage.(Check theapplicable provision.)_X_Workers’Compensation Insurance is required with statutory limits and Employers'Liability Insurance with limits of not less than one million dollars ($1,000,000). TheWorkers' Compensation policy shall include a waiver of subrogation in favor of theCity.___ No work or services will be performed on or at CITY facilities or CITY Property, thereforeaWorkers’Compensation waiver of subrogation in favor of the CITY is not required.___ NoWorkers’Compensation insurance is required, and by signing this Contract, Contractorcertifies as follows:“Contractorcertifies that its business has no employees, and that it does not employanyone, and is therefore exempt from the legal requirements to provide Workers'Compensation insurance. If, however, Contractor hires any employee during the term ofthis Contract, Contractor understands thatWorkers’Compensation with statutory limitsandEmployer’sLiability Insurance with a limit of not less than one million dollars($1,000,000) is required. TheWorkers’Compensation policy will include a waiver ofsubrogation infavor of theCity.”6.Professional Liability Minimum Scope and Limits of Insurance Coverage.Professional LiabilityInsurance providing coverage on a claimsmade basis for errors and omissions, or malpracticewith limits of not less than one million dollars ($1,000,000):Is _X__ Is not _____[check one]required for this Agreement.If required, such coverage must be continued for at least ____ year(s) following the completionof all Services under this Contract. The retroactive date must be prior to the date this Contractis approved or any Services are performed.

Form Approved by City Attorney 912020 Exhibit CPage 3

7.Other Insurance Provisions.The policies must contain, or be endorsed to contain, the followingprovisions:A. Contractor's insurance coverage, including excess insurance, shall be primaryinsurance as respects the City, its officials, employees and volunteers. Any insuranceor selfinsurance maintained by the City, its officials, employees or volunteers will bein excess of Contractor's insurance and will not contribute with it.B. Any failure to comply with reporting provisions of the policies will not affect coverageprovided to the City, its officials, employees or volunteers.C. Coverage shall state that Contractor's insurance applies separately to each insuredagainst whom claim is made or suit is brought, except with respect to the limits of theinsurer's liability.D. Contractor shall provide the City with 30 days written notice of cancellation ormaterial change in the policy language or terms.8.Acceptability of Insurance. Insurance must be placed withinsurers with a Bests' rating of notless than A:VI. Selfinsured retentions, policy terms or other variations that do not comply withthe requirements of this Exhibit C must be declared to and approved by the City in writingbefore execution of this Contract.9.Verification of Coverage.A. Contractor shall furnish City with certificates and required endorsements evidencing theinsurance required. Certificates of insurance must be signed by an authorizedrepresentative of the insurance carrier. Copies of policies shall be delivered to the CityRepresentative on demand.B. Contractor shall send all insurance certificates and endorsements, including policyrenewals, during the term of this Contract directly to:City of Sacramentoc/o Exigis LLCPO Box 947Murrieta, CA 92564C. Certificate Holder must be listed as:City of Sacramentoc/o Exigis LLCPO Box 947Murrieta, CA 92564D. The City may withdraw its offer of Contractor cancel this Contract if the certificates ofinsurance and endorsements required have not been provided before execution of thisContract. The City may withhold payments to Contractor and/or cancel the Contract if theinsurance is canceled or Contractor otherwise ceases to be insured as required herein.

Form Approved by City Attorney 912020 Exhibit CPage 4

10. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractorsmaintain insurance coverage that meets the minimum scope and limits of insurance coveragespecified in this Exhibit C.

Form Approved by City Attorney 912020 Exhibit DPage 1
EXHIBIT DGENERAL CONDITIONS1.Independent Contractor.A. It is understood and agreed that Contractor (includingContractor’semployees) is anindependent contractor and that no relationship of employeremployee exists betweenthe parties hereto for any purpose whatsoever. Neither Contractor norContractor’sassigned personnel will be entitled to any benefits payable to CITY employees. CITY is notrequired to make any deductions or withholdings from the compensation payable toContractor under the provisions of this Contract, and Contractor will be issued a Form1099 for its services hereunder. As an independent contractor, Contractor hereby agreesto indemnify and hold CITY harmless from any and all claims that may be made againstCITY based upon any contention by any ofContractor’semployees or by any third party,including any state or federal agency, that an employeremployee relationship or asubstitute therefor exists for any purpose whatsoever by reason of this Contract or byreason of the nature and/or performance under this Contract.B. It is further understood and agreed by the parties that Contractor, in the performance ofits obligations, is subject to theCity’scontrol and direction as to the designation of tasksto be performed and the results to be accomplished under this Contract, but not as to themeans, methods, or sequence used by Contractor for accomplishing the results. To theextent that Contractor obtains permission to, and does, use CITY facilities, space,equipment or support services in the performance of this Contract, this use will be at theContractor’ssole discretion based on theContractor’sdetermination that the use willpromoteContractor’sefficiency and effectiveness. Except as may be specifically providedelsewhere in this Contract, the CITY does not require that Contractor use CITY facilities,equipment or support services or work in CITY locations in the performanceof thisContract. As used in this Contract, "sole discretion" or "sole judgment" means that theparty authorized to exercise its discretion or judgment may do so based on an unfetteredassessment of its own interests, without considering how its decision affects the otherparty, and unconstrained by the impliedcovenant of good faith and fair dealing.C. If, in the performance of this Contract, any third persons are employed by Contractor,such persons will be entirely and exclusively under the direction, supervision, and controlof Contractor. Except as otherwise provided in this Contract, all terms of employment,including hours, wages, working conditions, discipline, hiring, and discharging, or anyother terms of employment or requirements of law, shall be determined by Contractor.It is further understood and agreed that Contractor will issue W2 or 1099 Forms forincome and employment tax purposes for allContractor’sassigned personnel andsubcontractors.D. The provisions of this section will survive any expiration or termination of this Contract.Nothing in this Contract creates an exclusive relationship between CITY and Contractor.Contractor may represent, perform services for, or be employed by any additionalpersons or companies so long as Contractor does not violate the provisions of Section 5,below.

Form Approved by City Attorney 912020 Exhibit DPage 2

2.Licenses; Permits, Etc.Contractor represents and warrants that Contractor has, and shallmaintain at all times during the term of this Contract at its sole cost and expense, all licenses,permits, qualifications, and approvals of any nature that are legally required for Contractor topractice its profession or fulfill the terms of this Contract, including a City Business OperationsTax Certificate and any required certification issued by the California Secretary of State.3.Time.Time is off the essence in the performance of this Contract. Contractor shall devote thenecessary time and effort to its performance under this Contract. Neither party will be consideredin default of this Contract, to the extent thatparty’sperformance is prevented or delayed by anycause, present or future, that is beyond the reasonable control of that party.4.CONTRACTOR Not Agent.Except as CITY may specify in writing, Contractor andContractor’spersonnel have no authority, express or implied, to act on behalf of CITY in any capacitywhatsoever as an agent. Contractor andContractor’spersonnel shall have no authority, expressor implied, to bind CITY to any obligations whatsoever.5.Conflicts of Interest.Contractor covenants that neither it, nor any officer or principalof its firm,has or will acquire any interest, directly or indirectly, that would conflict in any manner with theCITY’sinterests or that would in any way hinderContractor’sperformance under this Contract.Contractor further covenants that in the performance of this Contract, no person having any suchinterest will be employed by it as an officer, employee, agent or subcontractor, without theCity’swritten consent.Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest withtheCity’sinterests during the performance of this Contract. If Contractor is or employs a formerofficer or employee of the CITY, Contractor and any former City officer or employee shall complywith the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances beforethe City Council or any CITY department, board, commission, or committee.6.Hazardous Substances."Hazardous Substances" means any substance, material, waste, orother pollutant or contaminant that is or becomes designated, classified, or regulated ashazardous or toxic under any law, regulation, rule, order, decree, or other governmentalrequirement now in effect or later enacted. If Contractor is shipping Hazardous Substances,Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of HazardousSubstances to each City location receiving the Hazardous Substances. If the content of an SDSis revised, Contractor must provide a revised SDS to each City location receiving HazardousSubstances.7.Confidentiality of CITY Information.During performance of this Contract, Contractor may gainaccess to and use CITY information regarding inventions, machinery, products, prices, apparatus,costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets,technical matters, systems, facilities, customer lists, product design, copyright, data, and othervital information (hereafter collectively referred to as“City Information”)that are valuable,special and unique assets of the CITY.Contractor agrees to protect all City Information and treat it as strictly confidential, and furtheragrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or Form Approved by City Attorney 912020 Exhibit DPage 3
communicate in any manner any City Information to any third party without theCity’spriorwritten consent.In addition, Contractor must comply with all CITY policies governing the use of the CITY networkand technology systems, as set forth in applicable provisions of the City of SacramentoAdministrative Policy Instructions# 30. A violation by Contractor of this section is a materialviolation of this Contract and shall justify legal and equitable relief.8.CONTRACTOR Information.A. CITY shall have full ownership and control, including ownership of any copyrights, of allinformation prepared, produced, or provided by Contractor under this Contract. In thisContract, the term“information”means and includes: any and all work product,submittals, reports, plans, specifications, and other deliverables consisting of documents,writings, handwritings, typewriting, printing, photostatting, photographing, computermodels, and any other computerized data and every other means of recording any formof information, communications, or representation, including letters, works, pictures,drawings, sounds, or symbols, or any combination thereof. CONTRACTOR shall not beresponsible for any unauthorized modification or use of such information for other thanits intended purpose by CITY.B. Contractor shall fully defend, indemnify and hold harmless CITY, its officers andemployees, and each of them, from and against any and all claims, actions, lawsuits orother proceedings alleging that all or any part of the information prepared, produced, orprovided by Contractor under this Contract infringes upon any thirdparty’strademark,trade name, copyright, patent or other intellectual property rights. CITY shall makereasonable efforts to notify Contractor not later than ten days after CITY is served withany such claim, action, lawsuit or other proceeding. However,City’sfailure to providenotice within the tenday period does not relieve Contractor of its obligations hereunder,which survive any termination or expiration of this Contract.C. All proprietary and other information received from Contractor by CITY, whether receivedin connection withContractor’sproposal to CITY or in connection withContractor’sperformance, will be disclosed upon receipt of a request for disclosure, in accordancewith the California Public Records Act; provided, however, that, if any information is setapart and clearly marked“trade secret”when it is provided to CITY, CITY shall give noticeto Contractor of any request for the disclosure of such information. The Contractor willthen have five days from the date it receives notice to petition the court for a protectiveorder to prevent the disclosure of the information. The Contractor shall have soleresponsibility for defense of the actual“trade secret”designation of such information.D. The parties understand and agree that any failure by Contractor to respond to the noticeprovided by CITY and seek a protective order, in accordance with the provisions ofsubsection C, above, constitutes a complete waiver by Contractor of any rights regardingthe information designated“trade secret”by Contractor, and the information will bedisclosed by CITY in accordance with the Public Records Act.

Form Approved by City Attorney 912020 Exhibit DPage 4

9.Notification of Material Changes in Business.Contractor agrees that if it experiences anymaterial changes in its business, including a reorganization, refinancing, restructuring,leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediatelynotify the City of the changes. Contractor also agrees to immediately notify the City of anycondition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligationsto the City under this Contract.10.Standard of Performance.Contractor shall perform in the manner and according to thestandards currently observed by a competent practitioner ofContractor’sprofession in Californiaand in compliance with all requirements of this Contract. All products that Contractor deliversto CITY under this Contract must be prepared in a professional manner and conform to thestandards of quality normally observed by a person currently practicing inContractor’sprofession.Contractor shall assign only competent personnel to perform on its behalf under this Contract.Contractor must notify the CITY in writing of any changes inContractor’sstaff assigned to performunder this Contract, before any performance by the new staff member. If the CITY, in its solediscretion, determines that any person assigned by the Contractor to perform under this Contractisnot performing in accordance with the standards required herein, City shall provide notice toContractor. Contractor shall immediately remove the assigned person upon receipt of the notice.11.Performance or Different Terms and Conditions.The City's subsequent performance will notbe construed as either acceptance of additional or different terms and conditions or acounteroffer by the Contractor, nor will the City's subsequent performance be viewed asacceptance of any provision of the Uniform Commercial Code, as adopted by any State, that iscontrary to the terms and conditions contained herein. Contractor's performance shallconform to the applicable requirements of the Sacramento City Charter, Sacramento CityCode, and all applicable State and Federal laws, and all the requirements of this Contract. TheCalifornia Commercial Code will apply except as otherwise provided in the Contract.12.Emergency/Declared Disaster Requirements.If an emergency is declared by the City Manager,or if any portionof the City is declared a disaster area by the county, state or federal government,this Contract may be subjected to increased usage. The Contractor shall serve the City during adeclared emergency or disaster, subject to the same terms and conditions that apply during nonemergency / nondisasterconditions. The pricing set forth in this Contract will apply, withoutmarkup, regardless of the circumstances. If the Contractor is unable to fulfill the terms of theContract because of a disruption in its chain of supply or service, then the Contractor shall provideproof of the disruption. Acceptable forms of proof will include a letter or notice from theContractor's source stating the reason for the disruption13.Term; Suspension; Termination.A. This Contract is effective on the Effective Date and continues in effect until both partieshave fully performed their respective obligations under this Contract, unless soonerterminated as provided herein.B. CITY shall have the right at any time to suspendContractor’sperformance hereunder, inwhole or in part, by giving a written notice of suspension to Contractor. Upon receipt of Form Approved by City Attorney 912020 Exhibit DPage 5
such notice, Contractor shall immediately suspend its activities under this Contract, asspecified in the notice.C. The CITY shall have the right to terminate this Contract at any time by giving a writtennotice of termination to Contractor. Upon receipt of such notice, Contractor shallimmediately cease performance underthis Contract as specified in the notice. If the CITYterminates this Contract:(1) Contractor shall, not later than five days after receipt of the notice, deliver allinformation prepared under this Contract to the City.(2) The CITY shall pay Contractor the reasonable value of Goods or Services providedby Contractor before termination; provided, however, CITY shall not in anymanner be liable for lost profits that might have been made by Contractor had theContract not been terminated or had Contractor completed performance requiredby this Contract. Contractor shall furnish to the CITY any financial informationrequested by the City to determine the reasonable value of the Goods or Servicesprovided by Contractor. The foregoing is cumulative and does not affect any rightor remedy that CITY may have in law or equity.14.Default by Contractor.In case of default by the Contractor, the City reserves the right to procurethe Goods or Services from other sources and deduct from any monies due, or that maythereafter become due to the Contractor, the difference between the price named in thisContract and the actual cost to the City to procure from an alternate source. Prices paid by theCity will be considered the prevailing market price at the time such purchase is made.15.Indemnity.A. Indemnity:Contractor shall defend, hold harmless, and indemnify City, its officers, andemployees, and each and every one of them, from and against all actions, damages,costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of everytype and description, whether arising on or off the site of the work or servicesperformed under this Contract, including any fees and costs reasonably incurred byCity’sstaff attorneys or outside attorneys and any fees and expenses incurred inenforcing this provision (hereafter collectively referred to as“Liabilities”),includingLiabilities for personal injury or death, damage to personal, real, or intellectual property,damage to the environment, contractual or other economic damages, or regulatorypenalties, arising out of or in any way connected with performance of or failure toperform this Contract by Contractor, any subcontractor (including lowertiersubcontractors) or agent of Contractor, their respective officers and employees, andanyone else for whose acts of omissions any of them may be liable, whether or not theLiabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated,settled, or reduced to judgment; provided that the foregoing indemnity does not applyto liability for damages for death or bodily injury to persons, injury to property, or otherloss, damage, or expense, to the extent arising from the active negligence or willfulmisconduct of, or defects in design furnished by, City, its agents, servants, orindependent contractors who are directly responsible to City, except when such agents, Form Approved by City Attorney 912020 Exhibit DPage 6
servants, or independent contractors are under the supervision and control ofContractor or any subcontractor (including lowertier subcontractors) or agent ofContractor.B. Insurance Policies; Intellectual Property Claims:The existence or acceptance by City ofany of the insurance policies or coverages described in this Contract will not affect orlimit any ofCity’srights under this Section, nor will the limits of any insurance limit theliability of Contractor hereunder. This Section will not apply to any intellectual propertyclaims, actions, lawsuits or other proceedings subject to the provisions of the ContractorInformation Section, above.C. Survival. The provisions of this section will survive any expiration or termination of thisContract.16.Funding Availability.A. This Contract is subject to the budget and fiscal provisions of the Charter and theSacramento City Code.B. TheCity’spayment obligation under this Contract will not exceed the amount of fundsappropriated and approved for this Contract by the Sacramento City Council.C. This Section shall govern over any other contrary provision of the Contract.17.Equal Employment Opportunity.During the performance of this Contract, Contractor, for itself,its assignees and successors in interest, agrees as follows:A. Compliance With Regulations: Contractor shall comply with all state, local, and federalantidiscrimination laws and regulations, including the Executive Order 11246 entitled“EqualOpportunity in FederalEmployment”,as amended by Executive Order 11375,12086, and 13672, and as supplemented in Department of Labor regulations (41 CFRChapter 60), referred to collectively as the“Regulations.”B. Nondiscrimination: Contractor, with regards to thework performed by it after awardand before completion of the work under this Contract, shall not discriminate on theground of race, color, religion, sex, national origin, age, marital status, physical handicapor sexual orientation in selection and retention of subcontractors, including procurementof materials and leases of equipment. Contractor shall not participate either directly orindirectly in discrimination prohibited by the Regulations.C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: Inall solicitations either by competitive bidding or negotiations made by Contractor for workto be performed under any subcontract, including all procurement of materials orequipment, each potential subcontractor or supplier shall be notified by Contractor ofContractor’sobligation under this Contract and the Regulations relative tonondiscrimination on the ground of race, color, religion, sex, national origin, age, maritalstatus, physical handicap or sexual orientation.

Form Approved by City Attorney 912020 Exhibit DPage 7
D. Information and Reports: Contractor shall provide all information and reports required bythe Regulations, or by any orders or instructions issued pursuant thereto, and shall permitaccess to its books, records, accounts, other sources of information and its facilities asmay be determined by the CITY to be pertinent to ascertain compliance with theRegulations, orders and instructions. Where any information required of Contractor is inthe exclusive possession of another who fails or refuses to furnish this information,CONTRACTOR shall so certify to the CITY, and shall set forth what efforts it has made toobtain the information.E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with thenondiscrimination provisions of this Contract, the CITY shall impose any sanctions itdetermines are appropriate including:(1) Withholding of payments to Contractor under this Contract until Contractorcomplies;(2) Cancellation, termination, or suspension of this Contract, in whole or in part.F. Incorporation of Provisions: Contractor shall include the provisionsof subsections Athrough E, above, in every subcontract, including procurement of materials and leases ofequipment, unless exempted by the Regulations, or by any order or instructions issuedpursuant thereto. The City may direct Contractor to take specific actions to enforce theseprovisions, including sanctions for noncompliance; provided, however, that if Contractorbecomes involved in, or is threatened with, litigation with a subcontractor or supplier asa result of such direction, Contractor may request that the CITY join such litigation toprotect theCity’sinterests.18.Entire Agreement.This Contract, including all Exhibits and documents referenced herein,contains the entire agreement between theparties and supersedes whatever oral or writtenunderstanding they may have had before the execution of this Contract. No alteration to theterms of this Contract shall be valid unless approved in writing by Contractor, and by CITY, inaccordance with applicable provisions of the Sacramento City Code.19. Modificationof Contract.The Contractor shall take no direction from any City employee thatchanges the executed terms and conditions of the Contract, including Exhibit A, or any changethat impacts the cost, price, or schedule, before receiving a written, signed modification to theContract.20. Severability.If a court with jurisdiction rules that any portion of this Contract or its applicationto any person or circumstance is invalid or unenforceable, the remainder of this Contract will notbe affected thereby and will remain valid and enforceable as written, to the greatest extentpermitted by law.21. Waiver.Neither theCITY’sacceptance of, or payment for, any Goods or Services, nor any waiverby either party of any default, breach or condition precedent, will be construed as a waiver ofany provision of this Contract, nor as a waiver of any other default, breach or condition precedentor any other right hereunder. No waiver will be effective unless it is in writing and signed by thewaiving party.

Form Approved by City Attorney 912020 Exhibit DPage 8

22. Governing Law.This Contract shall be governed, construed and enforced in accordance with thelaws of the State of California, except that the rule of interpretation in California Civil Codesection 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusivelyin the state trial court or Federal District Court located in Sacramento County in the State ofCalifornia, and the parties consent to jurisdiction over their persons and over the subject matterof any such litigation in such courts, and consent to service of process issued by such courts.23. Assignment Prohibited.The expertise and experience of Contractor are material considerationsfor this Contract. CITY has a strong interest in the qualifications and capability of the persons andentities that will fulfill the obligations imposed on Contractor under this Agreement. Inrecognition of this interest, Contractor shall not assign any right or obligation pursuant to thisContract without the written consent of the CITY. Any attempted or purported assignmentwithoutCITY’swritten consent shall be void and of no effect.24. Binding Effect.This Contract is binding on the heirs, executors, administrators, successors andassigns of the parties, subject to the provisions ofSection 23, above.25. Compliance with Laws.The Contractor shall be responsible for strict compliance with allapplicable laws, regulations, court orders and other legal requirements applicable to the workto be accomplished under the Contract, including the California Occupational Safety and HealthAct and all applicable safety orders issued by the Division of Occupational Safety and Health,Department of Industrial Relations, State of California, and all applicable requirements ofUnderwriters Laboratories and the Federal Communication Commission.26.Debarment CertificationA. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in itsability to contract with certain parties that are debarred, suspended, or otherwiseexcluded or ineligible for participating in Federal assistance programs or activities. Bysigning this Agreement, CONTRACTOR warrants and certifies under penalty of perjuryunder the laws of the State of California that Contractor, including any owner, partner,director, officer, or principal ofthe CONTRACTOR, or any person in a position withmanagement responsibility or responsibility for the administration of federal funds:(1) Is not presently debarred, suspended, proposed for debarment, declaredineligible, or voluntarily excluded from covered transactions by any federal or statedepartment/agency;(2) Has not within a threeyear period preceding this certification been convicted ofor had a civil judgment rendered against it for: commission of fraud or a criminal offensein connection with obtaining, attempting to obtain, or performing a public transaction orcontract (federal, state, or local); violation of federal or state antitrust statutes; orcommission of embezzlement, theft, forgery, bribery, falsification or destruction ofrecords, making false statements, receiving stolen property, or other criminal felony;(3) Is not presently indicted for or otherwise criminally or civilly charged by agovernmental entity (federal, state, or local) with commission of any of the offensesenumerated in paragraph (b) above; or(4) Has not, within a threeyear period preceding this certification, had one or morepublic contracts (federal, state, or local) or transactions terminated for cause or default.

Form Approved by City Attorney 912020 Exhibit DPage 9
(5) Has not been notified, within a threeyear period preceding this certification, beennotified of any delinquent Federal taxes in an amount that exceeds $3,500 for which theliability remains unsatisfied. Federal taxes are considered delinquent if the tax liability hasbeen finally determined and the taxpayer is delinquent in making payment, as defined inSection 52.2095 of the Federal Acquisition Regulations.B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into anytransaction with any subcontractor, material supplier, or vendor who is debarred, suspended,declared ineligible, or voluntarily excluded from covered transactions by any federal or statedepartment/agency. Any exceptions to the warranties and certifications in this Section must bedisclosed to the City.C. Exceptions will not necessarily result in denial of recommendation for award, but will beconsidered in determiningContractor’sresponsibility. Disclosures must indicate to whomexceptions apply, the initiating agency, anddates of action.D. City will review the FederalGovernment’sSystem for Award Management Exclusionsmaintained by the General Services Administration for eligibility, prior to the execution of thisAgreement. The CONTRACTOR shall provide immediate written notice to the City if, at any timeprior to execution, the CONTRACTOR learns this certification is erroneous or has becomeerroneous by reason of changed circumstances. If it is later determined that theContractor’swarranties and certification in this Section were erroneous, the City may terminate thisAgreement for default Form Approved by City Attorney 912020 Exhibit EPage 1
EXHIBIT EADDITIONAL REQUIREMENTS FOR SURVEYING, MATERIAL TESTING, AND INSPECTION SERVICESThe Services provided under this Contract include land surveying, material testing, or inspection servicesprovided for a City construction project during the design, preconstruction, construction, or postconstruction phases of the project. Therefore, the services include“Public Work”under the CaliforniaLabor Code and is subject to the following requirements:A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any PublicWork shall comply with the provisions of Sacramento City Code Section 3.60.180 andapplicable provisions of the California Labor Code, which require, among other things,that CONTRACTOR and all subcontractors pay not less than the prevailing rate of wages,as determined by the Director of the California Department of Industrial Relations(“DIR”)in accordance with California Labor Code Section 1773. CONTRACTOR and everysubcontractor shall maintain payroll records and submit certified payrolls and other laborcompliance documentation electronically when and as required by CITY. In addition,Labor Code Section 1771.4 requires the CONTRACTOR and any subcontractor performingany Public Work to furnish electronic payroll records directly to the Labor Commissioner.Contractor shall include these requirements in every subcontract.This Agreement is subject to compliance monitoring and enforcement by the DIR, asspecified in California Labor Code Section 1771.4. The Contractor and any subcontractorwill be subject to withholding and penalties for violation of prevailing wage requirementsin accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and1775, and City Code Section 3.60.180. Questions regarding theCity’sLabor ComplianceProgram should be directed to the City Representative.B. DIR Registration: California Labor Code Section 1725.5 requires the CONTRACTOR and allsubcontractors performing Public Works services to be currently registered with the DIR,as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1provides that a contractor or subcontractor shall not be qualified to bid on, be listed in abid proposal (subject to the requirements of Section 4104 of the California Public ContractCode), or engage in the performance of any contract for Public Work, unless currentlyregistered and qualified to perform Public Work in accordance with California Labor CodeSection 1725.5.Further information can be found onDIR’swebsite at http://www.dir.ca.gov/PublicWorks/Contractors.html. The above summary is provided solely for informationalpurposes and does not in any way affect theCONTRACTOR’sandsubcontractors’obligation to comply in all respects with all other applicable laws and regulations. TheCONTRACTOR shall disseminate these provisions to all subcontractors.Before the performance of work by Contractor or any subcontractor(s) under thisContract, Contractor shall furnishContractor’sand anysubcontractors’current DIR Form Approved by City Attorney 912020 Exhibit EPage 2
registration number(s). TheContractor’scurrent DIR registration number and thecurrent DIR registration number of all subcontractors will be listed on the Subcontractorand LBE Participation Verification Form, incorporated herein.To be completed by the City Representative if this Agreement is for the performanceof any Public Work:Contractor DIR registration #:1000007814C.Workers’Compensation Certification. In accordance with California Labor Code Section1861, by signing this Contract, Contractor acknowledges and represents that Contractoris aware of the provisions of Section 3700 of the California Labor Code which requiresevery employer to be insured against liability for workers' compensation or to undertakeselfinsurance in accordance with the provisions of that code, and that Contractor willcomply with the provisions of the Labor Code before commencing performance underthis Contract.D. Apprentices. If this Contract is for the performance of any Public Work, and the amountof the Contract is $30,000 or more, the Contractor and any subcontractors performingany Public Work under this Contract must comply with and be subject to enforcementunder, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq.of the California Labor Code, and implementing regulations set forth in Title 8 of theCalifornia Code of Regulations, governing the employment of apprentices. TheContractor and any subcontractors performing Public Work will be subject to penaltiesfor apprenticeship violations in accordance with Labor Code Section 1777.7.E. Working Hours. If this Contract is for the performance of any Public Work,Contractorand any subcontractors performing any Public Work under this Contract must complywith and be subject to enforcement under, the provisions of Sacramento City CodeSection 3.60.180 and California Labor Code Section 1810 et seq., governing the workinghours of employees performing Public Work.F. Failure to Comply with Labor Compliance. If all applicable labor compliancerequirements are not met, the City will have the right to withhold or reject a paymentrequest and/or invoice, in whole or in part, without in any way relieving Contractor or itssubcontractors of any obligations under this Contract.G. Subcontractors. The Contractor shall include these provisions A through F in everysubcontract or subagreement for any subcontractors performing work under thisContract.

PSA Signature Page–Approved by CAO 1112019
Executed as of the day and year first above stated.CITY OF SACRAMENTOA Municipal CorporationBy: _____Print name:Title:For: Howard Chan, City ManagerATTEST:______City ClerkAPPROVED AS TO FORM:______City AttorneyAttachmentsExhibit A Scope of WorkExhibit B PaymentExhibit C InsuranceExhibit D General ConditionsExhibit E Additional Requirements for Surveying, Material Testing, and Inspection Services

PSA Signature Page–Approved by CAO 1112019
CONTRACTOR:______________________________________NAME OF FIRM______________________________________Federal I.D. No.______________________________________State I.D. No.______________________________________City of Sacramento Business Op. Tax Cert. No.TYPE OF BUSINESS ENTITY(check one):_____ Individual/Sole Proprietor_____ Partnership_____ Corporation(may require 2 signatures)_____ Limited Liability Company_____ Other (please specify: ______________)______________________________________Signature of Authorized Person______________________________________Print Name and Title______________________________________Additional Signature(if required)______________________________________Print Name and Title

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGEINSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSURER A :NAIC #NAME:CONTACT(A/C, No):FAXE-MAILADDRESS:PRODUCER(A/C, No, Ext):PHONEINSUREDREVISION NUMBER:CERTIFICATE NUMBER:COVERAGESIMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:(Per accident)(Ea accident)$$N / ASUBRWVDADDLINSDTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.$$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMITAUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITYY / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPERLIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)EXCESS LIABUMBRELLA LIAB$EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDED RETENTION $$PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADE OCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
CANCELLATIONAUTHORIZED REPRESENTATIVEACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved.CERTIFICATE HOLDERThe ACORD name and logo are registered marks of ACORD

HIREDAUTOS ONLY

1000025601211

Dallas, TX 1-866-519-2522
1 AMENDMENT – 30 DAY NOTICE OF CANCELLATION FOR THIRD PARTIES Effective Date: 04-01-2at 12:01 A.M. Policy Number: Named Insured:The Rados Companies This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Products Completed Operations Coverage Form Business Auto Coverage Form It is agreed thirty (30) days’ notice of cancellation will be given as respects the following certificate holder(s), except as respects non-payment of any premium, non-renewal, and/or per the First Named Insured’s request: SCHEDULE Where Required By Written Contract The insurer will endeavor to provide advice of cancellation (the “Advice”) to the certificate holders listed in the schedule by e-mail. Certificate holders include only those entities where thirty (30) days notice of cancellation is required by an “insured contract” but only with respects to an entity for which “you” are directly or indirectly performing “your work”. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such Advice will neither extend the policy cancellation nor negate cancellation of the policy; nor will this failure result in obligation or liability of any kind upon the issuing insurer, its agents or representatives. This endorsement does not affect, in any way, coverage provided under this policy, nor the cancellation of this policy or the effective date thereof. The following definitions apply to this endorsement:

Dallas, TX 1-866-519-2522
2 1. ‘First Named Insured’ means the named insured shown in the Declarations Page of this policy. 2. ‘Insurer’ means the insurance company shown in the header on the Declarations Page of this policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR INDEMNITY & LIABILITY COMPANY

Dallas, TX 1-866-519-2522
1 AMENDMENT – 30 DAY NOTICE OF CANCELLATION FOR THIRD PARTIES Effective Date: 04-01-2at 12:01 A.M. Policy Number: 100019856521Named Insured:The Rados Companies This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Products Completed Operations Coverage Form Business Auto Coverage Form It is agreed thirty (30) days’ notice of cancellation will be given as respects the following certificate holder(s), except as respects non-payment of any premium, non-renewal, and/or per the First Named Insured’s request: SCHEDULE Where Required By Written Contract The insurer will endeavor to provide advice of cancellation (the “Advice”) to the certificate holders listed in the schedule by e-mail. Certificate holders include only those entities where thirty (30) days notice of cancellation is required by an “insured contract” but only with respects to an entity for which “you” are directly or indirectly performing “your work”. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such Advice will neither extend the policy cancellation nor negate cancellation of the policy; nor will this failure result in obligation or liability of any kind upon the issuing insurer, its agents or representatives. This endorsement does not affect, in any way, coverage provided under this policy, nor the cancellation of this policy or the effective date thereof. The following definitions apply to this endorsement:

Dallas, TX 1-866-519-2522
2 1. ‘First Named Insured’ means the named insured shown in the Declarations Page of this policy. 2. ‘Insurer’ means the insurance company shown in the header on the Declarations Page of this policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR INDEMNITY & LIABILITY COMPANY 1000003175
Where Required By Written Contract