Sacramento City Council
September 12, 2023

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01068 9/12/2023 Consent Item 10.

Contract: Award Contract for Robertson Park Restroom Replacement Project and Suspend Competitive Bidding for Restroom Purchase (Two-Thirds Vote Required) File ID: 2023-01068
Location: District 2, Represented by Councilmember Loloee Recommendation: Pass a Resolution: 1) approving the construction plans and specifications for the Robertson Park Restroom Replacement Project (L19190100); 2) awarding the Robertson Park Restroom Replacement Project contract to Saenz Landscape Construction Company in the amount of $378,536; 3) authorizing the City Manager or the City Manager’s designee to transfer funds to Robertson Park Restroom Replacement Project (L19190100) in the amount of $241,000 (Fund 2401) from Robla Community Park Phase 4 (L19155600); 4) suspending competitive bidding in the best interest of the City for the Robertson Restroom Replacement Project building purchase by a twothirds vote; 5) awarding the contract to Public Restroom Company for the Robertson Park Restroom Project building purchase in the amount of $267,521; 6) authorizing the City Manager or the City Manager’s designee to execute the contract with Saenz Landscape Construction Company and Public Restroom Company.

Contact: Jeff Nittka, Associate Landscape Architect, (916) 808-5996, [email protected]; Jason Wiesemann, Park Planning & Development Services Manager, (916) 808-7634, [email protected], Department of Youth, Parks, & Community Enrichment Presenter: None
Attachments:
1-Description/Analysis
2-Contract - Saenz Landscape Construction Company
3-Contract- Public Restroom Company
4-Resolution
Additional Description/Analysis
Issue Detail: The Department of Youth, Parks, & Community Enrichment (YPCE) is seeking approval to award a construction contract to Saenz Landscape Construction Company in the amount of $378,536, and a sole source purchase of a new prefabricated restroom building from Public Restroom Company (PRC) in the amount of $267,521 for the Robertson Park Restroom

File ID: 2023-01068 9/12/2023 Consent Item 10.

Replacement Project. The Robertson Park project includes grading, demolition of the existing restroom building, concrete walkways, new sewer line, irrigation modifications, electrical improvements, and installation of new restroom building.

The formal bid process for the site work was completed and Saenz Landscape Construction Company was the lowest responsive bidder.

Staff is requesting the approval of a sole source contract with Public Restroom Company for the restroom building purchase. It’s in the best interest of the City to purchase this building directly so we can avoid paying a third-party contractor the 15% markup for profit and overhead. This 15% markup is charged on City projects when the contractor purchases the products or materials for the City. For this purchase the City would save approximately $40,128 when purchasing the restroom from Public Restroom Company directly.

Staff also recommends that City Council approves the transfer of funds to Robertson Park Restroom Replacement Project (L19190100) in the amount of $241,000 (Fund 2401) from Robla Community Park Phase 4 (L19155600). Currently there is not enough funding in the Robertson Park Restroom Project budget to award the construction contact, restroom purchase and to cover City staff time.

Robertson Park is an 9.18-acre park site, located at 3525 Norwood Avenue, Council District 2. This project is expected to be complete in Spring 2024.

Policy Considerations: City Code Chapter 3.60 provides that City Council approval is required to enter into construction agreements over $250,000.

Providing parks and recreation facilities is consistent with the City’s strategic plan to enhance livability in Sacramento’s neighborhoods by expanding park, recreation, and trail facilities throughout the city. This is also part of the Park Development Process for park planning as stated in the 2005-2010 Parks and Recreation Master Plan.

Section 3.60.170 (D) of the City Code allows the City Council to authorize exception to competitive bidding when, by a two-thirds vote, the City Council finds that it is in the best interest of the City to suspend competitive bidding. Section 2.2(a)(2) of the City’s administrative policies related to the procurement of public project contracts and purchases (AP 4001 & AP 4002) provides that the suspension of competitive bidding can be recommended for various reasons, including utilization of an alternative method for vendor selection.

Providing parks and recreation facilities is consistent with the City’s general plan to enhance livability in Sacramento’s neighborhoods by expanding park, recreation, and trail facilities throughout the city.

File ID: 2023-01068 9/12/2023 Consent Item 10.

Economic Impacts: 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.

The Robertson construction projects in the amount of $378,536 is expected to create 1.51 FTE jobs (0.87 FTE direct jobs and 0.64 FTE indirect jobs through indirect and induced activities).

Furthermore, it will create $233,721 in total economic output ($147,316 direct output and $86,405 of output through indirect and induced activities).

Environmental Considerations: The project has been determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Class 1 and Sections 15301, the project consists of the operations, repairs and minor alterations of existing public facilities, mechanical equipment, and topographic features (City Park).

Sustainability: Robertson Park Restroom Replacement Project has been reviewed for consistency with the goals, policies, and targets of the City’s Climate Action Plan for Internal Operations 2016 Update, the 2035 General Plan, the 2018 YPCE Strategic Plan, and the Parks and Recreation Master Plan 2005-2010. The park will advance the goals, policies, and targets of these plans by improving the health of all residents through access to a diverse mix of wellness activities. The park development will include sustainable design and maintenance guidelines.

Commission/Committee Action: None.

Rationale for Recommendation: The formal bidding process for the Robertson Park Restroom Replacement was posted in accordance with City Code 3.60 and Administrative Policy AP-4002. The bids were opened on July 12, 2023. Staff received three responsive bids and the results are listed below:

CONTRACTOR Base Bid Additive
Alternate
Total Bid
Saenz Landscape
Construction Co.
$243,491.00 $135,536.00 $378,536.00
McNabb
Construction, Inc.
$373,373.00 $49,000.00 $422,373.00
The low bidder was determined based on the total bid amount (based on the base bid plus the additive alternates). It was determined that Saenz Landscape Construction Company offered the

File ID: 2023-01068 9/12/2023 Consent Item 10.
lowest responsive bid and is a responsible bidder. A bid was also submitted by B&M Builders, but their bid did not meet the City’s LBE requirement, therefore deemed non-responsive. The Engineer’s Estimate for the base bid was $180,000 and $120,000 for the additive alternates, for a total amount of $300,000.

Pursuant to City Code Sections 3.60.020 and 3.60.360(E), it was determined that Saenz Landscape Construction, Inc. offered the lowest responsive bid and is a responsible bidder. The contract is recommended to be awarded for the base bid and additive alternates 1. The additive alternate bid item is the installation of a new sanitary sewer line for the new restroom building. Existing sewer line is in very poor condition.

Originally staff was going to require for the contractor to purchase this restroom building along with the rest of the project improvement. Then the City would pay the contractor for the improvements as they are completed. Currently there is not enough funding in the project budget to purchase the building and award the contract. Staff looked for ways to save some cost on this project. One way to save funding is to have the City purchase the restroom building. When the City purchases the building, it can avoid paying the contractor a 15% markup for profit and overhead. As a result, staff is requesting council to approve the sole source purchase of the restroom building for the Robertson project.

Financial Considerations: There is insufficient funding in the Robertson Park Restroom Replacement project (L19190100) budget to award these contracts. Therefore, staff is seeking approval to transfer $241,000 from the Robla Park Phase 4 Improvements (L19155600) Measure U Fund (Fund 2401) to the Robertson Park Restroom Replacement (L19190100). With this additional allocation, there will be adequate funds for staff time, funding to award the construction contract and restroom purchase contract.

Robertson Park is an existing park; the annual maintenance and utilities costs are covered in YPCE’s operating budget for maintenance, water, and utility costs for the budget adopted in the applicable fiscal year.

Local Business Enterprise (LBE): Saenz Landscape Construction exceeded the 5% LBE participation requirement.

CONTRACT

ROUTING SHEET
Contract 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 Contacts
Department: ______________________________
Contract Coordinator: _______________________
Project Manager: ___________________________
______ Department Review and Routing
(Signature)
(Signature)
(Signature)
_______________________________________________________________________________________ ------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ (Signature)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) (Signature)
YES
$378,536.00
Youth, Parks & Community Services
L19190100 B23191121013
Saenz Landscape Construction Company
Robertson Park Restroom Renovation (Rebid)
$0.00
Rachel Trujillo [email protected]
Dennis Day
Form approved by City Attorney 1-11-17 1

AGREEMENT
(Construction Contract Over $25,000)
THIS AGREEMENT, dated for identification , 20 , is made and entered into between the CITY OF SACRAMENTO, a municipal corporation (“City”), and SAENZ LANDSCAPE CONSTRUCTION COMPANY, 12167 Folsom Blvd. #D, Rancho Cordova, CA 95742 (“Contractor”) in the amount of $378,536.00. The City and Contractor hereby mutually agree as follows:

1. CONTRACT DOCUMENTS
The Contract Documents, sometimes also referred to as the “Contract,” consist of the following items, which are hereby incorporated by reference as if set forth in full in this Agreement:

Notice to Contractors
Proposal Form submitted by the Contractor
Instructions to Bidders
Subcontractor and Local Business Enterprise Participation Form Drug-Free Workplace Policy and Affidavit
Construction and Demolition (C&D) Debris Recycling Requirements Labor Compliance Requirements
Workers’ Compensation Insurance Certification
Federal or State funding requirements (if applicable)
Local Business Enterprise (LBE) Requirements
Requirements of the Non-Discrimination in Employee Benefits Code Ban-The-Box Requirements
Notice Regarding Assembly Bill 626
Addenda, if any
This Agreement
Standard Specifications
Special Provisions
Plans and Technical Specifications
The drawings and other data and all developments thereof prepared by City pursuant to the Contract
Any modifications of any of the foregoing made or approved by City, including but not limited to duly authorized change orders
Unless specifically noted otherwise, references to the “Standard Specifications” shall mean and refer to the Standard Specifications for Public Construction of the City of Sacramento approved by the Sacramento City Council on June 4, 2007 (Resolution No. 2007-350), and any subsequent amendments thereto approved by the Sacramento City Council or the Sacramento City Manager. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained in the Contract Documents are provided solely to facilitate reference to various provisions of the Contract Form approved by City Attorney 1-11-17 2
Documents and in no way affect or limit the interpretation of the provisions to which they refer.

2. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement.

3. AGREEMENT CONTROLS
In the event of a conflict between any of the terms and conditions set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail, except that the provisions of any duly authorized change order shall prevail over any conflicting provisions of this Agreement.

4. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, material and transportation necessary to perform and complete in a good and workmanlike manner to the satisfaction of City, all the Work called for in the Contract Documents entitled:

Robertson Park Restroom Replacement (Rebid)
(PN: L19190100)
Bid #B23191121013
Including the Work called for in the following alternative bid items described in the Proposal Form: __________________________________________________________________________ Contractor agrees to perform such Work in the manner designated in and in strict conformity with the Contract Documents.

5. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, as complete payment for the above Work, in accordance with the schedule and procedures set forth in the Contract Documents and subject to deductions, withholdings and additions as specified in the Contract Documents, a total sum that shall not exceed the total bid amount set forth in Contractor’s Proposal Form. In addition, subject to deductions, withholdings and additions as specified in the Contract Documents, payment for individual items of the Work shall be computed as follows:

A. For items of the Work for which a lump sum price is specified in Contractor’s Proposal Form, Contractor shall be paid the lump sum price(s) specified in Contractor’s Proposal Form; and
Form approved by City Attorney 1-11-17 3
B. For items of the Work for which a unit price is specified in Contractor’s Proposal Form, Contractor shall be paid the sum computed at such unit price, or computed at a different price if such different price is determined by City in accordance with the Standard Specifications, based on the actual amount of each such item performed and/or furnished and incorporated in the Work; provided that in no event shall the total sum for a unit price item exceed the total bid amount set forth for such item in the Contractor’s Proposal Form, unless authorized by Change Order.

6. PROGRESS PAYMENTS
Subject to the terms and conditions of the Contract, City shall cause payments to be made upon demand of Contractor as follows:

A. On or about the first of the month, the Engineer shall present to the Contractor a statement showing the amount of labor and materials incorporated in the Work through the twentieth (20) calendar day of the preceding month. After both Contractor and Engineer approve the statement in writing, and the City’s labor compliance officer provides written approval, the City shall issue a certificate for ninety-five (95) percent of the amount it shall find to be due, subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations.

B. No inaccuracy or error in said monthly estimates shall operate to release Contractor from damages arising from such Work or from enforcement of each and every provision of the Contract Documents, and City shall have the right subsequently to correct any error made in any estimate for payment.

C. Contractor shall not be paid for any defective or improper Work.

D. The remaining five (5) percent of the value of the Work performed under the Contract, if unencumbered and subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations, shall be released not later than sixty (60) days after completion and final acceptance of the Work by City. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising under the Contract Documents, except for disputed claims in stated amounts that the Contractor specifically reserves in writing, but only to the extent that the Contractor has complied with all procedures and requirements applicable to the presentation and processing of such claim(s) under the Contract Documents. Contractor shall be entitled to substitute securities for retention or to direct that payments of retention be made into escrow, as provided in Public Contract Code Section 22300, upon execution of the City’s Escrow Agreement for Security Deposits in Lieu of Retention.

E. The parties agree that, for purposes of the timely progress payment requirements specified in Public Contract Code Section 20104.50, the date that the City receives a statement jointly approved by the Contractor and the Engineer as provided above Form approved by City Attorney 1-11-17 4
shall be deemed to constitute the date that City receives an undisputed and properly submitted payment request from the Contractor. Progress payments not made within 30 days after this date may be subject to payment of interest as provided in Public Contract Code Section 20104.50.

F. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.

7. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this Contract or any applicable Laws or Regulations, City is authorized or required to withhold, deduct or charge any sum of money against Contractor, City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate(s), or from any other moneys due or that may become due Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges, City shall have the right to recover the balance from Contractor or its Sureties.

8. COMMENCEMENT AND PROSECUTION OF WORK
Contractor shall commence the Work not later than fifteen (15) working days after the date of the written Notice to Proceed from City to Contractor and shall diligently prosecute the Work to final completion. The phase “commence the Work” means to engage in a continuous program on-site including, but not limited to, site clearance, grading, dredging, land filling and the fabrications, erection, or installation of the Work. The Notice to Proceed shall be issued within fifteen (15) calendar days following execution of the Agreement by the City and the filing by Contractor of the required Bonds and proof of insurance, provided that the Engineer may delay issuance of the Notice to Proceed if the Engineer determines in the Engineer’s sole discretion that conditions on the site of the Work are unsuitable for commencement of the Work. After the Notice to Proceed is issued, the continuous prosecution of Work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.

9. TIME OF COMPLETION
The entire Work shall be brought to completion in the manner provided for in the Contract Documents on or before 60 working days plus 30 calendar days for plant establishment from the date of the Notice to Proceed (hereinafter called the “Completion Date”) unless extensions of time are granted in accordance with the Contract Documents.

Failure to complete the entire Work by the Completion Date and in the manner provided for in the Contract Documents shall subject Contractor to liquidated damages as provided in this Agreement. Time is and shall be of the essence in the performance of the Contract and the Work.

10. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK
Form approved by City Attorney 1-11-17 5
The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the Work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, whether or not the unsatisfactory character of such work or material was apparent or detected at the time such payment was made.

11. ACCEPTANCE NOT RELEASE
Contractor shall correct immediately any defective or imperfect work or materials that may be discovered before final acceptance of the entire Work, whether or not such defect or imperfection was previously noticed or identified by the City. The inspection of the Work, or any part thereof, shall not relieve Contractor of any of its obligations to perform satisfactory work as herein specified.

Failure or neglect on the part of City or any of its officers, employees or authorized agents to discover, identify, condemn or reject defective or imperfect work or materials shall not be construed to imply an acceptance of such work or materials, if such defect or imperfection becomes evident at any time prior to final acceptance of the entire Work, nor shall such failure or neglect be construed as barring City from enforcing Contractor’s warranty(ies) or otherwise recovering damages or such a sum of money as may be required to repair or rebuild the defective or imperfect work or materials whenever City may discover the same, subject only to any statutes of limitation that may apply to any such claim.

12. CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART The City shall have the right at any time to enter upon the Work and perform work not covered by this Contract, or to occupy and use a portion of the Work, prior to the date of the final acceptance of the Work as a whole, without in any way relieving Contractor of any obligations under this Contract.

13. NO WAIVER OF REMEDIES
Neither the inspection by City, its officers, employees or agents, nor any certificate or other approval for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City, its officers, employees or its agents shall operate as a waiver of any provision of the Contract Documents nor of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in the Contract Documents shall be taken and construed as cumulative; in addition to each and every other remedy herein provided, the City shall have any and all equitable and legal remedies that it would in any case have.

14. WARRANTY
Form approved by City Attorney 1-11-17 6
Except as otherwise expressly provided in the Contract Documents, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all Work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the Work, or otherwise provided as a part of the Work pursuant to the Contract, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire Work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City.

In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City.

In addition to the above, the Contractor shall make a written assignment of all manufacturer’s and other product warranties to the City, prior to completion and final acceptance of the Work by City.

The Contractor’s Performance Bond shall secure the performance of the Contractor’s obligations under this Section 14, and the Contractor and its Surety shall be jointly and severally liable for these obligations.

15. LIQUIDATED DAMAGES IF WORK NOT COMPLETED ON TIME
A. The actual fact of the occurrence of damages and the actual amount of the damages that City would suffer if the entire Work, and/or any specified portion thereof, were not completed within the time(s) specified herein are dependent upon many circumstances and conditions that could prevail in various combinations, and for this reason, it is impracticable and extremely difficult to fix the actual damages.

Damages that City would suffer in the event of such delay include: loss of the use of the project; expenses of prolonged assignment to the project of an architectural and/or engineering staff; prolonged costs of administration, inspection, and supervision; increased operational expenses and/or impaired operation of other facilities dependent upon completion of the project; and the loss and inconvenience suffered by the public within the City of Sacramento by reason of the delay in the completion of the project or portion thereof. Accordingly, the parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and Form approved by City Attorney 1-11-17 7
agrees, that the amount(s) set forth herein as liquidated damages reflect the parties’ best efforts at the time of entering into the Contract to estimate the damages that may be incurred by City and the public due to the Contractor’s delay in completion of the Work and/or any specified portion thereof, and shall be presumed to be the amount of damages sustained by the failure of Contractor to complete the entire Work and/or any specified portion thereof within the time(s) specified herein.

B. Contractor shall pay liquidated damages to City for failure to complete the entire Work by the Completion Date (as extended in accordance with the Contract Documents, if applicable) in the amount of One Thousand Dollars ($1,000) for each calendar day after the Completion Date (as extended in accordance with the Contract Documents, if applicable), continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the City and Contractor as the loss to City and the public resulting from Contractor's default.

The parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the foregoing provisions provide for the imposition of liquidated damages from the Completion Date (as extended in accordance with the Contract Documents, if applicable) until the date of completion of the entire Work as determined by the Engineer in accordance with Section 8-4 of the Standard Specifications, whether or not the Work or any portion thereof is claimed or determined to be substantially complete prior to such date of completion.

C. In the event Contractor shall become liable for liquidated damages, City, in addition to all other remedies provided by law, shall have the right to withhold any and all payments that otherwise would be or become due Contractor until the liability of Contractor under this section is finally determined. City shall have the right to use and apply such payments, in whole or in part, to reimburse City for all liquidated damages due or to become due to City. Any remaining balance of such payments shall be paid to Contractor only after discharge in full of all liability incurred by Contractor under this section or otherwise under any provision of the Contract Documents or any applicable Law or Regulation. If the sum so retained by City is not sufficient to discharge all such liabilities of Contractor, Contractor shall continue to remain liable to City until all such liabilities are satisfied in full. No failure by City to withhold any payment as specified above shall in any manner be construed to constitute a release of any such liabilities nor a waiver of the City’s right to withhold payment for such liabilities.

16. INDEMNITY AND HOLD HARMLESS
A. Contractor shall defend, hold harmless and indemnify the City, its officers, employees, and agents, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the Work, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees Form approved by City Attorney 1-11-17 8
and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform the Work by the Contractor, any subcontractor or agent, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder, or (ii) such Liabilities are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from (i) the sole negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, or (ii) the active negligence of City.

B. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 16, nor shall the limits of such insurance limit the liability of Contractor hereunder. The provisions of this Section 16 shall survive any expiration or termination of the Contract.

17. CONTRACTOR SHALL ASSUME RISKS
Until the completion and final acceptance by City of all Work under this Contract, the Work shall be under Contractor's responsible care and charge, and Contractor, at no cost to City, shall rebuild, repair, restore and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the Work.

18. GENERAL LIABILITY OF CONTRACTOR
Except as otherwise herein expressly stipulated, Contractor shall perform all the Work and furnish all the labor, materials, tools, equipment, apparatus, facilities, transportation, power and light, and appliances, necessary or proper for performing and completing the Work herein required in the manner and within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be solely for the purpose of explanation.

19. INSURANCE
During the entire term of the Contract, Contractor shall maintain the insurance coverage described in this Section 19.

Full compensation for all premiums that Contractor is required to pay for the insurance Form approved by City Attorney 1-11-17 9
coverage described herein shall be included in the compensation specified for the Work performed by Contractor under this Contract. No additional compensation will be provided for Contractor’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.

It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.

A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Contractor and its subcontractors, products and completed operations of Contractor and its subcontractors, and premises owned, leased, or used by Contractor and its subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
(2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than one million dollars ($1,000,000) per accident. The policy shall provide coverage for owned, non-owned, and/or hired autos as appropriate to the operations of the Contractor.

No automobile liability insurance shall be required if Contractor completes the following certification:
“I certify that a motor vehicle will not be used in the performance of any work or services under this agreement.” ________ (Contractor initials)
(3) Excess Insurance: The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall apply on a primary basis for the benefit of the CITY, and any insurance or selfinsurance maintained by CITY, its officials, employees, or volunteers shall Form approved by City Attorney 1-11-17 10
be in excess of such umbrella or excess coverage and shall not contribute with it.
(4) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers’ Compensation policy shall include a waiver of subrogation in favor of the City.

No Workers’ Compensation insurance shall be required if Contractor completes the following certification:
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________
(Contractor initials)
B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and its subcontractors; products and completed operations of Contractor and its subcontractors; and premises owned, leased, or used by Contractor and its subcontractors. (2) Automobile Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Contractor’s insurance coverage, including excess insurance, shall be primary insurance as respects City, its officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees, or volunteers. (3) Coverage shall state that 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.

Form approved by City Attorney 1-11-17 11
(4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.

D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests’ rating of not less than A:VI.

Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 3 must be declared to and approved by the City in writing prior to execution of this Contract.

E. Verification of Coverage
(1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
(2) For all insurance policy renewals during the term of this Contract, Contractor shall send insurance certificates reflecting the policy renewals directly to:

City of Sacramento
c/o EXIGIS LLC
P.O. Box 4668 ECM- #35050
New York, NY 10168-4668
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]
(3) The City may withdraw its offer of contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contract. The City may withhold payments to Contractor or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.

F. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subsection A, above.

20. FAILURE TO MAINTAIN BONDS OR INSURANCE
Form approved by City Attorney 1-11-17 12
If, at any time during the performance of this Contract, Contractor fails to maintain any item of the bonds and/or insurance required under the Contract in full force and effect, Contractor shall immediately suspend all work under the Contract and notify City in writing of such failure. After such notice is provided, or if City discovers such failure and notifies Contractor, the City thereafter may withhold all Contract payments due or that become due until notice is received by City that such bonds and/or insurance have been restored in full force and effect and that the premiums therefor have been paid for a period satisfactory to the Division of Risk Management. Contractor shall not resume work until notified by City to do so, and the City shall have no responsibility or liability for any costs incurred by Contractor as a result of such suspension of Work.

In addition to the foregoing, any failure to maintain any item of the required bonds and/or insurance at any time during the performance of this Contract will be sufficient cause for termination of the Contract by City.

The Contractor shall be solely responsible for, and shall defend, indemnify and hold harmless the City, its officers, employees and agents against and from, any and all damages, claims, losses, actions, costs or other expenses of any kind incurred by any party as a direct or indirect result of any suspension of Work or termination of the Contract under the provisions of this Section.

21. EXCUSABLE DELAYS
For the purpose of these Contract Documents, the term "Excusable Delay" shall mean, and is limited to, delay caused directly by: acts of God; acts of a public enemy; fires; inclement weather as determined by the Engineer; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privileges established for the manufacture, assemble, or allotment of materials necessary in the Work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the Work ordered by City insofar as they necessarily require additional time in which to complete the Work; the prevention of Contractor from commencing or prosecuting the Work because of the acts of others, excepting Contractor's subcontractors or suppliers; or the prevention of Contractor from commencing or prosecuting the Work because of a Citywide failure of public utility service.

The term "Excusable Delay" shall specifically not include: (i) any delay that could have been avoided by the exercise of care, prudence, foresight and diligence on the part of Contractor; (ii) any delay in the prosecution of any part of the Work that does not constitute a Controlling Operation, whether or not such delay is unavoidable; (iii) any reasonable delay resulting from time required by City for review of any Contractor submittals and for the making of surveys, measurements and inspection; and, (iv) any delay arising from an interruption in the prosecution of the Work on account of reasonable interference by other Contractors employed by City that does not necessarily prevent the completion of the entire Work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as determined by City) and Form approved by City Attorney 1-11-17 13
shall not under any circumstances increase the amount City is required to pay Contractor except as otherwise provided in these Contract Documents.

22. CONTRACTOR TO SERVE NOTICE OF DELAYS
Whenever Contractor foresees any delay in the prosecution of the Work, and in any event as soon as possible (not to exceed a period of ten (10) calendar days) after the initial occurrence of any delay that Contractor regards as or may later claim to be an Excusable Delay, the Contractor shall notify the Engineer in writing of such delay and its cause, in order that the Engineer: (i) may take immediate steps to prevent if possible the occurrence or continuance of the delay; or (ii) if this cannot be done, may determine whether the delay is to be considered excusable, how long it continues, and to what extent the prosecution and completion of the Work are delayed thereby. Said written notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth the Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.

After the completion of any part or whole of the Work, the Engineer, in estimating the amount due Contractor, will assume that any and all delays that may have occurred in its prosecution and completion were not Excusable Delays, except for such delays for which the Contractor has provided timely written notice as required herein, and that the Engineer has found to be excusable. Contractor shall not be entitled to claim Excusable Delay for any delay for which the Contractor failed to provide such timely written notice.

23. EXTENSION OF TIME
If the Contractor complies with Section 22, above, and the Engineer finds a delay claimed by the Contractor to be an Excusable Delay, the Contractor shall be allowed an extension of time to complete the Work that is proportional to the period of Excusable Delay determined by the Engineer, subject to the approval by City of a change order granting such time extension. During a duly authorized extension for an Excusable Delay, City shall not charge liquidated damages against the Contractor for such delay.

If the City extends the time to complete the Work as provided herein, such extension shall in no way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties of the Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extension of time. The granting of any extension of time as provided herein shall in no way operate as a waiver on the part of City of its rights under this Contract, excepting only extension of the Completion Date for such period of Excusable Delay as may be determined by the Engineer and approved by a duly authorized change order.

24. NO PAYMENT FOR DELAYS
No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the Work whether or not such delays qualify for Form approved by City Attorney 1-11-17 14
extension of time under this Agreement; except that this provision shall not preclude the recovery of damages for a delay caused by the City that is unreasonable under the circumstances and that is not within the contemplation of the parties, provided that the Contractor timely submits all such written notice(s) and fully complies with such other procedures as may be specified in the Contract Documents or any Laws or Regulations for Contractor to claim damages for such delay.

25. CHANGES IN THE WORK
Changes in the Work authorized or directed in accordance with the Contract Documents and extensions of time of completion made necessary by reason thereof shall not in any way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such changes in the Work relieve or release the Sureties on Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such change in Work and to any extension of time made by reason thereof.

26. TERMINATION AFTER COMPLETION DATE
In addition to any other rights City may have, if any services or work required under the Contract (including but not limited to punch list items) are not completed as of the Completion Date (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), City may terminate the Contract at any time after the Completion Date ( as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), by providing a written notice to Contractor specifying the date of termination. Such notice also may specify conditions or requirements that Contractor must meet to avoid termination of the Contract on such date. If Contractor fails to fulfill all such conditions and requirements by such termination date, or, if no such conditions or requirements are specified, Contractor shall cease rendering services and performing work on such termination date, and shall not be entitled to receive any compensation for services rendered or work performed after such termination date. In the event of such termination, Contractor shall remain liable to City for liquidated damages incurred for any period of time prior to the termination date.

In addition to any other charges, withholdings or deductions authorized under the Contract or any Laws or Regulations, if City terminates the Contract pursuant to this section, City may withhold and deduct from any payment and/or retention funds otherwise due Contractor any sum necessary to pay the City's cost of completing or correcting, or contracting for the completion or correction of, any services or work under the Contract that are not completed to the satisfaction of the City or that otherwise are deficient or require correction as of such termination date, including but not limited to incomplete punch list items. Such costs shall include all of the City’s direct and indirect costs incurred to complete or correct such services or work, including the City’s administrative and overhead costs. If the amount of payment(s) and/or retention funds otherwise due the Contractor are insufficient to pay such costs, City shall have the right to recover the balance of such costs from the Contractor and/or its Surety(ies).

Form approved by City Attorney 1-11-17 15

27. TERMINATION FOR CONVENIENCE
Upon written notice to the Contractor, the City may at any time, without cause and without prejudice to any other right or remedy of the City, elect to terminate the Contract for the convenience of City. In such case, the Contractor shall be paid (without duplication of any items, and after deduction and/or withholding of any amounts authorized to be deducted or withheld by the Contract Documents or any Laws or Regulations):

A. For Work executed in accordance with the Contract Documents prior to the effective date of termination and determined to be acceptable by the Engineer, including fair and reasonable sums for overhead and profit on such Work; B. For reasonable claims, costs, losses, and damages incurred in settlement of terminated contracts with subcontractors, suppliers, and others; and C. For reasonable expenses directly attributable to termination.

Contractor shall not be paid for any loss of anticipated profits or revenue for any Work not performed prior to termination, nor for any economic loss arising out of or resulting from such termination, except for the payments listed in this section. Contractor’s warranty under Section 14 of this Agreement shall apply, and Contractor shall remain responsible for all obligations related to such warranty, with respect to all portions of the Work performed prior to the effective date of the termination for convenience pursuant to this section. The City shall be entitled to have any or all remaining Work performed by other contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.

28. TERMINATION FOR BREACH OF CONTRACT
If Contractor abandons the Work under this Contract, or if the Contract or any portion of the Contract is sublet or assigned without the consent of the City, or if the Engineer determines in the Engineer’s sole discretion that the conditions of the Contract in respect to the rate of progress of the Work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor violates or breaches, or fails to execute in good faith, any of the terms or conditions of the Contract, or if Contractor refuses or fails to supply enough properly skilled labor or materials or refuses or fails to make prompt payment to subcontractors for material or labor, or if Contractor disregards any Laws or Regulations or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the City may give Contractor and its Sureties written notification to immediately correct the situation or the Contract shall be terminated.

In the event that such notice is given, and, in the event such situation is not corrected, or arrangements for correction satisfactory to the City are not made, within ten (10) calendar days from the date of such notice or within such other period of time as may be specified by the City in the notice, the Contract shall upon the expiration of said period cease and terminate. In the event of any such termination, City may take over the Work and Form approved by City Attorney 1-11-17 16
prosecute the Work to completion, or otherwise, and the Contractor and its Sureties shall be liable to City for any cost occasioned City thereby, as hereinafter set forth.

In the event City completes the Work, or causes the Work to be completed, no payment of any kind shall be made to Contractor until the Work is complete. The cost of completing the Work, including but not limited to, extra costs of project administration and management incurred by City, both direct or indirect, shall be deducted from any sum then due, or that becomes due, to Contractor from City. If sums due to Contractor from City are less than the cost of completing the Work, Contractor and its Sureties shall pay City a sum equal to this difference on demand. In the event City completes the Work, and there is a sum remaining due to Contractor after City deducts the costs of completing the Work, then City shall pay such sum to Contractor. The Contractor and Contractor’s Sureties shall be jointly and severally liable for all obligations imposed on Contractor hereunder.

No act by City before the Work is finally accepted, including, but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, assessments of liquidated damages, occupation or acceptance of any part of the Work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach of Contractor, shall be construed to be a waiver or estoppel of the City’s right to act pursuant to this Section upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract.

The rights of City to terminate the Contract pursuant to this Section and pursuant to Sections 26 and 27 are cumulative and are in addition to all other rights of City pursuant to the Contract and at law or in equity.

29. CONTRACTOR BANKRUPT
If Contractor should commence any bankruptcy proceeding, or if Contractor is adjudged a bankrupt, or if Contractor makes any assignment for the benefit of creditors, or if a receiver is appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice as provided in Section 28 above.

30. SURETIES’ OBLIGATIONS UPON TERMINATION
If the City terminates the Contract pursuant to Section 28 or Section 29 above:

A. The Surety under Contractor’s performance bond shall be fully responsible for all of the Contractor’s remaining obligations of performance under the Contract as if the Surety were a party to the Contract, including without limitation Contractor’s obligations, as provided in the Contract Documents, to complete and provide a oneyear warranty of the entire Work, pay liquidated damages and indemnify, defend and hold harmless City, up to the full amount of the performance bond.

B. The Surety under Contractor’s payment bond shall be fully responsible for the performance of all of the Contractor’s remaining payment obligations for work, Form approved by City Attorney 1-11-17 17
services, equipment or materials performed or provided in connection with the Work or any portion thereof, up to the full amount of the payment bond.

31. ACCOUNTING RECORDS OF CONTRACTOR
During performance of the Contract and for a period of three (3) years after completing the entire Work, Contractor shall maintain all accounting and financial records related to the Contract and performance of the Work in accordance with generally accepted accounting practices, and shall keep and make such records available for inspection and audit by representatives of the City upon reasonable written notice.

32. USE TAX REQUIREMENTS
During the performance of this Agreement, CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows:

A. Use Tax Direct Payment Permit: For all leases and purchases of materials, equipment, supplies, or other tangible personal property used to perform the Agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit from the California State Board of Equalization (“SBE”) in accordance with the applicable SBE criteria and requirements.

B. Sellers Permit: For any construction contract and any construction subcontract in the amount of $5,000,000 or more, Contractor and the subcontractor(s) shall obtain sellers permits from the SBE and shall register the jobsite as the place of business for the purpose of allocating local sales and use tax to the City.

Contractor and its subcontractors shall remit the self-accrued use tax to the SBE, and shall provide a copy of each remittance to the City.

C. The above provisions shall apply in all instances unless prohibited by the funding source for the Agreement.

33. NON-DISCRIMINATION IN EMPLOYEE BENEFITS
This Agreement may be subject to the requirements of Sacramento City Code Chapter

3.54, Non-Discrimination in Employee Benefits by City Contractors. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter

3.54, entitled “Requirements of the Non-Discrimination in Employee Benefits Code.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.54. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Form approved by City Attorney 1-11-17 18
Chapter 3.54 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.

34. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENT

APPLICATION PROCESS
This Agreement may be subject to the requirements of Sacramento City Code Chapter

3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter 3.62, entitled “Ban-The-Box Requirements.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.62 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.

Contractor agrees to require its subcontractors to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62, and include these requirements in all subcontracts covered by Sacramento City Code Chapter 3.62.

Form approved by City Attorney 1-11-17 19
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set for opposite their names.

CONTRACTOR
Under penalty of perjury, I certify that the
taxpayer identification number and all other
information provided here are correct.

DATE BY_________________________________
_____________________________ Print Name _________________________ Title DIR Registration # 100000 Exp. 06/30/2024 ____________________________________ Federal ID# 26-2010916 ____________________________________ State ID# 283-3055-3 ____________________________________ City of Sacramento Business Operation Tax Certificate No. (City will not award contract
until Certificate Number is obtained)
BOTC#1007526 Exp. 12/31/2023
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
___x__ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)

CITY OF SACRAMENTO
a municipal corporation
DATE BY _________________________________
For: Howard Chan, City Manager
Original Approved As To Form: Attest:

City Attorney City Clerk

C&D Recycling Requirements Page 1 Rev. 02/01/2011
Construction and Demolition (C&D) Debris Recycling Requirements As a condition of receiving this Contract, Contractor agrees to fully comply with the requirements specified herein for all demolition projects, as well as projects with a valuation of $250,000 or more:

1. Definitions. For purposes of this section, the following terms, words and phrases shall have the following meanings:
“Certified C&D sorting facility” means a facility that receives C&D debris and/or processes C&D debris into its component material types for reuse, recycling, and disposal of residuals and possesses a valid certificate as a C&D sorting facility from the Sacramento Regional County Solid Waste Authority. “Construction and demolition debris” or “C&D debris” means used or commonly discarded materials resulting from construction, repair, remodel or demolition operations on any pavement, house, building, or other structure, or from landscaping that are not hazardous as defined in California Health and Safety Code section 25100 et seq. Such materials include, but are not limited to, concrete, asphalt, wood, metal, brick, dirt, sand, rock, gravel, plaster, glass, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, masonry, plastic pipe, trees, and other vegetative matter resulting from land clearing and landscaping. “Divert” or “diversion” means to use materials for any purpose other than disposal in a landfill or transformation facility. Methods to divert materials include on-site reuse of the materials, delivery of materials from the project site to a certified C&D sorting facility or a recycling facility, or other methods as approved in regulations promulgated by the City Department of Utilities. “Franchised waste hauler” means a person who possesses a valid commercial solid waste collection franchise issued by the Sacramento Regional County Solid Waste Authority. “Mixed C&D debris” means loads that include commingled recyclable and non-recyclable C&D debris generated at a project site.
“Recyclable C&D debris” means C&D debris required to be diverted from landfills as specified in the Waste Management Plan and returned to the economic mainstream in the form of raw material for new, reused or reconstituted products that meet the quality standards necessary to be used in the marketplace.
“Recycling facility” means a facility or operation that receives, processes, and transfers sourceseparated recyclable materials. “Source-separated C&D debris” means recyclable C&D debris that is separately sorted and containerized at the site of generation by individual material type and segregated from mixed C&D debris prior to collection and transporting.
“Waste log” means a record detailing the management of C&D debris generated by the covered project, including the date and weight/volume of material by type that was salvaged, reused, recycled or disposed.

2. Waste Management Plan. A completed WMP (see Attachment 1) must be submitted to and approved by the City prior to commencing any work on the project. The WMP must specify the types of C&D debris that will be generated from the project; the manner in which C&D debris will be managed and/or stored on the project site; the manner in which recyclable C&D debris generated from the project will be recycled or reuse; the person who will haul, collect or transport the recyclable C&D debris from the project site; and the certified C&D sorting facility or recycling facility where recyclable C&D debris will be delivered. The WMP must be approved by the City prior to commencing any work on the project.

C&D Recycling Requirements Page 2 Rev. 02/01/2011

3. Contractor shall be solely responsible for diverting the recyclable C&D materials specified on the WMP. Mixed C&D debris shall be delivered to a SWA-certified C&D sorting facility only. Only the permit holder, the person who generates the waste, a franchised waste hauler, or the City of Sacramento can transport or haul mixed C&D debris. Source-separated C&D debris may be delivered by any person to any recycling facility that accepts such materials. (See Attachment 2 for list of C&D Debris Haulers and Facilities).

4. During the course of the project, Contractor shall maintain a waste log (see Attachment 3), and keep all weight tickets or weight receipts, for all C&D debris hauled away from the project. At a minimum, the waste log shall specify the C&D debris generated by the project; the manner in which C&D debris was recycled or re-used; and the facility where the C&D debris was delivered.

5. Within 30 days after submitting the project completion report, Contractor shall submit to the City a completed waste log, along with copies of supporting weight tickets. Contractor shall maintain and keep accurate and complete records of al bills, weight receipts or weight tickets that were issued for the collection, transport or disposal of C&D debris for a period of one-year after submittal of the waste log.

The records shall be made available for inspection, examination and audit by the City during the one-year retention period to validate the information provided in the WMP and in the waste log. If the City determines noncompliance by the Contractor after an audit has been conducted, Contractor shall reimburse the City for all costs incurred in performing the audit.

6. Failure by Contractor to comply with any provisions specified herein will subject Contractor to possible suspension and/or termination of this Contract for cause; repayment of any or all of the Contract amount disbursed by the City; imposition of a penalty, payable to the City ($50-$250 for first offense, $251-$500 for second offense, and $501-$1500 for subsequent offenses); and/or submission of a performance security deposit fee when submitting a permit application to the City for a project within one year of imposition of the penalty.

For questions or to obtain more information about the Recycling Requirements for C&D debris, contact the City of Sacramento, Solid Waste Services Division, 2812 Meadowview Road, Building 1, Sacramento, CA 95832, or telephone (916) 808-4833, or email C&[email protected]

Building
Permit
Numbers
Please put all known permit numbers related to this project.

Form
submitted by:

Please attach a business card, or put your name with a phone number and/or an email address.

This Waste Management Plan (WMP) must be submitted and approved before your building permit(s) will be issued. Only one WMP is required if a project has multiple building permits associated to it (i.e., multiple houses in a subdivision, or multiple related permits at one address). The administration fee and security deposit (if applicable) must be submitted for this form to be approved.

Administration fee is 0.04% of project valuation (min $40, max $800); security deposit is 1% of valuation (max $10,000). The accompanying Waste Log must be submitted within 30 days of final inspection (or permit expiration) of the project, or a fine may be imposed. Approval may also be delayed if the waste log from a previous project is due.

Building Project Information:

Job Address: Contractor: Phone: Address: Email:

Owner: Phone:

Address: Email:

Briefly describe the project:

Materials Required to be Recycled
50%
of all debris
must be recycled
50% of all debris must be recycled if generated during the course of your project. You can either source-separate them, which may be hauled by anyone, or mix them in one container and send the mixed C&D debris load to a Certified Mixed C&D Sorting Facility. Mixed C&D loads can only be hauled by a franchised hauler or self-hauled. Please see the Definitions section, on the next page, for more information.

Material Management
How the C&D debris will be stored on the project site: Mixed C&D Source-Separated Company to haul away debris: Facilities to receive debris:

Waste Log and tickets must be submitted within 30 days of permit being finaled.

Office Use
Only: Received by: _____________________________________ On date: _________________ Logged Approved Scanned Payment Processed Filed Fee amount:
$_____________
Construction & Demolition
Waste Management Plan
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-0965 / Fax: (916) 808-4999
C&[email protected]

Definitions.

Please read and understand these terms. Call Solid Waste at (916) 808-0965 if these terms are not clear to you. More information is also available online at http://www.sacrecycle.org/.

1. Self-haul or self-hauling: This is when the permit holder, general contractor, or a subcontractor who is doing work on the project hauls their own waste materials for recycling or disposal. Note that a jobsite cleanup crew is not doing other work on the project and is not self-hauling. Jobsite cleanup crews need to be franchised in order to haul mixed C&D debris away.

2. Franchised hauler: See Solid Waste web site (http://www.sacrecycle.org/) for a list of these haulers. These companies are the only companies in Sacramento who can legally collect and haul mixed C&D debris for a fee.

3. Source separation: This is achieving compliance with the recycling requirement by keeping wood, metal, cardboard, or other recyclables in separate containers, and sending it to an authorized recycler. (A list of recyclers is on the Solid Waste web site at http://www.sacrecycle.org/.) Source-separated material may be hauled by anyone.

4. Mixed C&D debris: This is achieving compliance with the recycling requirement by putting all recyclable (and a small amount of unrecyclable) debris into one container. Mixed material must be sent to a certified mixed C&D sorting facility to have the recyclable material extracted and recovered. Mixed material also must be either selfhauled, or hauled by a franchised hauler. If your job site is crowded, this option saves the most space.

5. Certified Mixed C&D Sorting Facility: See the Solid Waste web site for a list. These facilities have been certified by the Sacramento Regional Solid Waste Authority to extract recyclable materials from mixed C&D debris. If you achieve compliance by mixed recovery, your debris must go to a certified mixed sorting facility.

Terms and Conditions
Your approved Waste Management Plan and Waste Log must be kept on the job site in the permit folder for the duration of the project.

City of Sacramento staff may enter the jobsite to inspect waste collection areas.

Only SWA-Certified Mixed C&D Sorting Facilities may be used to recycle these materials if mixed with other materials.

Only SWA-Franchised Haulers or self-haulers (as defined above) may collect and transport trash or mixed C&D material from the jobsite.

Construction and Demolition Debris may not be burned or dumped illegally.

Your Waste Log must be completed and submitted within 30 days of your permit being finaled or expired. All waste hauling and disposal or recycling activity must be entered on the Waste Log, including information from any subcontractors who self-hauled their own debris off-site. Enter your Permit Number on your Waste Log now! You must keep all receipts or weight-tickets from your project for a period of one year from the submittal of your waste log.

Failure to comply with these terms and conditions may result in a fine and a security deposit on future projects.

Construction & Demolition
Waste Management Plan
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4839 / Fax: (916) 808-4999
C&[email protected]
C&D Debris Haulers & Facilities Rev. 02/01/2011
Certified Mixed C&D Facilities
Allied Waste / Elder Creek Transfer and Recovery (916) 387-8425 Florin-Perkins Public Disposal (916) 443-5120
L&D Landfill (916) 737-8640
Waste Management / K&M Recycle America (916) 452-0142
Franchised Haulers
ACES Waste Services, Inc. (866) 488-8837 Elk Grove Waste Management, LLC (916) 689-4052 Allied Waste Services (916) 631-0600 Mini Drops, Inc. (916) 686-8785 All Waste Systems, Inc. (916) 456-1555 Norcal Waste Services of Sacramento (916) 381-5300 Atlas Disposal Industries, LLC (916) 455-2800 North West Recyclers (916) 686-8575 California Waste Recovery Systems (916) 441-1985 Waste Management of Sacramento (916) 387-1400 Central Valley Waste Services, Inc. (209) 369-8274 Waste Removal & Recycling (916) 453-1400 City of Sacramento Solid Waste (916) 808-4839 Western Strategic Materials, Inc. (916) 388-1076 Recyclers* Recovery Stations & Landfills
Bell Marine (916) 442-9089 Elder Creek Recovery & Transfer Station
(916) 387-8425
C & C Paper Recycling (916) 920-2673
EBI Aggregates (916) 372-7580 Kiefer Landfill (916) 875-5555 International Paper (916) 371-4634 L & D Landfill (916) 383-9420 Modern Waste Solutions (916) 447-6800 North Area Recovery Station (916) 875-5555 PRIDE Industries, Inc. (916) 640-1300 Sacramento Recycling & Transfer Station
(916) 379-0500
Recycling Industries, Inc. (916) 452-3961
Sacramento Local Conservation Corps (916) 386-8394 Waste Management Recycle America (916) 452-0142 Smurfit-Stone Container Corporation (916) 381-3340
Southside Art Center (916) 387-8080
Spencer Building Maintenance, Inc. (916) 922-1900
More updated information can be found online at:
http://www.cityofsacramento.org/utilities/
* Please note that any facility may receive source-separated recyclable materials as long as it is authorized to do so by the State of California. This is not meant to be a complete list.

C&D Debris
Haulers & Facilities
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4833 / Fax: (916) 808-4999
C&[email protected]
C&D Debris Waste Log Rev. 02/01/2011
Project address: This waste log, and copies of supporting weight tickets, must be submitted to Solid Waste within 30 days of submitting the project completion report. The waste log and weight tickets must also be kept on file for one year after project completion.

Date Hauler Material Destination Amount
Hauler: Indicate the Franchisee, Self-Hauler, City of Sacramento, or other hauler who removed the material offsite.

Material: Indicate appropriate category: Scrap Metal, Inert Materials, Cardboard, Wooden Pallets, or Clean Wood Waste.

Destination: Indicate the facility that received the material for disposal or recycling Amount: Indicate the weight. If weight is not known, put volume.

C&D Debris
Waste Log
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4839 / Fax: (916) 808-4999
C&[email protected]

LABOR COMPLIANCE REQUIREMENTS
A summary of the labor compliance requirements will be presented at the pre-construction meeting. However, please read the attached documents relating to the labor compliance requirements and expectations for this project. You will be required to sign the labor compliance acknowledgment at the pre-construction meeting if you are awarded the project. For any questions regarding these requirements, please contact
. Each contractor and subcontractor (at all levels/tiers) is required to submit certified payrolls and labor compliance documentation electronically at the discretion of and in the manner specified by, the City of Sacramento.

Electronic submittal will be through a web-based system, accessed on the World Wide Web by a web browser. Each contractor and subcontractor will be given a Log On identification and password to access the City of Sacramento reporting system, currently LCPTracker.

Use of the system may entail additional data entry of weekly payroll information including; employee identification, labor classification, total hours worked and hours worked on this project, wage and benefit rates paid, etc. It is the responsibility of the contractor and subcontractors to manually enter their data into LCPtracker if their payroll system doesn’t transfer directly to LCPtracker, meeting the required deadlines for those documents. This requirement ‘flows down’ to every lower-tier subcontractor and vendor required to provide labor compliance documentation.

All labor compliance requirements must be met by all contractors, sub-contractors, and sub- tier contractors. Failure to meet the labor compliance requirements will result in your pay request or invoice being rejected. No payment shall be made by the City until full compliance has been met. Partial payments/partial withholdings will not be authorized.

This form must be signed by the Prime Contractor and all subcontractors.

Public Works Contractor Responsibilities
Register as a public works contractor prior to bidding or working on this project Pay prevailing wages
Follow apprenticeship requirements
Maintain and submit certified payroll records
Pursuant to Labor Code Section 1776 (h), the City of Sacramento will impose penalties of $100 per day per worker for each day the documentation that is requested is considered late (beyond the 10 days from when notice is given), even if the information you eventually submit is found to be correct. All requested documentation must be uploaded to LCPtracker.

Prevailing Wage Requirements
State Prevailing Wage Determinations https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm * Single asterisk indicates that this wage determination can be used for the life of the contract. **Double asterisk indicates that this wage determination includes predetermined increases.

All workers employed in the execution of a public works project, including sole proprietors, partners, and corporate officers, must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: Labor Code 1774
Overtime must be paid for all hours over 8 in a calendar day and 40 hours in a week. Violations may subject the contractor to a state penalty of $25 per day per worker. References: Labor Code 1810-1815 Saturday/Sunday premium rates are applicable as indicated on prevailing wage determinations.

When required, shift differential rates must be paid for classifications which include a shift determination.

Subsistence/Zone pay must be shown on the fringe benefit statement if not shown on certified payroll.

The contractor must make applicable travel and subsistence payments in accordance with Department of Industrial Relations wage determinations. Reference: Labor Code 1773.1 Prevailing wage determinations and other job site postings are mandatory to be posted at the job site for workers review. Reference: Labor Code 1773.2 https://www.dir.ca.gov/wpnodb.html Contractors violating prevailing wage requirements are subject to a penalty of up to $200 per day per worker, paid in addition to any wage underpayments. Liquidated damages in the amount of the wage underpayments may also apply. Reference: Labor Code 1775 Apprenticeship Requirements
https://www.dir.ca.gov/Public-Works/Apprentices.html
https://www.dir.ca.gov/DAS/DASApprenticesOnPublicWorksSummaryOfRequirements.htm https://www.dir.ca.gov/DAS/PublicWorksForms.htm
DAS140 - Submit contract award information for each craft required on the project using the DAS 140 form https://www.dir.ca.gov/DAS/DASForm140.pdf The DAS140 must be submitted to the applicable committee(s) within 10 days of the date of the prime or subcontract but in no event later than the first day the contractor has workers employed on the public works project. This form must be uploaded to LCPtracker with proof of service. Proof of service must be certified mail or email receipt only.

Labor Compliance Requirements
o If you are approved to train apprentices, you must send the contract award information to your apprenticeship committee.
o If you are not approved to train apprentices, you must send the DAS 140 to EVERY apprenticeship committee in the geographic area of the public works project that can supply apprentices to the site of the public works project.

DAS 142 - Contact the applicable apprenticeship committee to request apprentices for each craft or trade on your project using the DAS 142 form. https://www.dir.ca.gov/DAS/DASForm142.pdf The form must be submitted at least three business days before apprentices are required. This form must be uploaded to LCPtracker with proof of service. Proof of service must be certified mail or email receipt only.

Employ apprentices in the correct ratio. Be sure to employ one hour of apprentice work for every five hours performed by a journeyman level worker. Complaints or violations regarding apprentice ratios will be referred to the DAS. Reference CCR 16434 (c).

Proof of registration in a California approved apprenticeship program is required for all apprentices and must be uploaded to LCPtracker with the first payroll on which the apprentice appears. Once uploaded, you must request an apprentice approval from the City’s Labor Compliance Officer before your payroll can be submitted. https://www.dir.ca.gov/DAS/appcertpw/AppCertSearch.asp Reference: Labor Code 1777.5
CAC2 - Make training fund contributions in the amount established in the prevailing wage rate – either to the applicable apprenticeship committee, or the California Apprenticeship Council (CAC). https://www.dir.ca.gov/DAS/tf/cac2.asp Training Fund Contributions are due on the 15th of each month. This form must be uploaded to LCPtracker.

Proof of Training Fund Contributions - Proof of training fund payment must be uploaded to LCPtracker and is due on the 15th of the following month. Acceptable proof is a Union status letter, copy of cashed check (front and back) or a letter from the CAC. The letter from the CAC can be obtained by visiting https://www.dir.ca.gov/CAC/trainingfund/Tfsearch.html
Certified Payroll Records
Certified Payroll Reports (CPR’s) Contractors and subcontractors are required to submit CPR’s to the City using LCPTracker and to the Labor Commissioner using DIR's electronic certified payroll reporting system. Payroll must be at least bi-weekly, and CPR’s are due within ten (10) days of pay period end date. CPR’s shall contain the same information for compliance with LC § 1776. https://www.dir.ca.gov/PublicWorks/Certified-Payroll-Reporting.html Non-Performance Payroll Report If there is five or more consecutive non-workdays within any single pay period you must submit a non-performance CPR. Payroll must be at least bi-weekly and Non- Performance CPR’s are due within ten (10) days of pay period end date. Fringe Benefit Statement: A fringe benefit statement breaking down fringes paid in cash or contributions to plans/programs are due with first certified payroll report and anytime the fringe benefits change. If paying to a program, list the program information. Documentation that the amount stated on the fringe benefit statement is being paid on the employees’ behalf may be requested for validation.

Other Deductions –Any “other deductions” listed on a CPR needs to be explained on the CPR and must be expressly authorized in writing by the employee. Letter of deduction authorization must be uploaded to LCPtracker. If a court order mandates the deductions, upload a copy of the order to LCPTracker.

Use and Listing of Subcontractors & Suppliers
The prime contractor is responsible for work performed and compliance met by all subcontractors. The Prime Contractor shall perform with its own organization and with the assistance of workers under its immediate superintendence, work of a value not less than twenty percent (20%) of the value of all work in the contract.

The Subletting and Subcontracting Fair Practices Act requires prime contractors to list, at bid time, all subcontractors (including concrete deliveries) who will perform work in excess of one-half of one percent of the total bid amount or $10,000, whichever is greater. For building projects, subcontractors who will perform work in excess of one-half of one percent must be listed. The prime must use those subs as listed at bid time unless a written substitution is requested and approved in writing by the Contracts Specialist and Project Manager before substitution. References: Public Contract Code 4100-4114; Standard Specifications 5, Control of Work Failure to comply with the requirements of the Subletting and Subcontracting Fair Practices Act may result in a penalty of 0-10 percent of the subcontract involved and a referral to the Contractors State License Board.

Reference: Public Contract Code 4110-4111
PW300 All contractors, subcontractors, sub-tier contractors (including concrete delivery companies) are required to submit a PW300 form prior to start of work listing all their subcontractors and suppliers hired to perform work or supply product for the project. Anytime a change is made a new PW300 form must be submitted.

Pay Requests
The City will draft monthly pay request on the 20th of each month for work performed thru the 20th of each month. The City inspector will meet with the contractor to agree on quantities for work performed thru the 20th of each month. The City inspector will fill in the quantities agreed upon, have the contractor sign the draft and the inspector will sign the draft. The City inspector will return the draft to the Contracts & Compliance Specialist for labor compliance review no later than the 25th of each month. If labor compliance is required and has not been met, the Labor Compliance Officer will email the contractor with a list of deficiencies that must be resolved before payment can be approved. By signing below, it is understood that all labor compliance requirements must be met by all contractors, sub-contractors, and sub-tier contractors and failure to meet the labor compliance requirements will result in your pay request or invoice being rejected. No payment shall be made by the City until full compliance has been met. Partial payments/partial withholdings will not be authorized. Once labor compliance has been cleared, upon approval by the Labor Compliance Officer, a final pay request will be routed by the City for signatures and processing. The Labor Compliance Officer will upload a copy of the final signed pay request to LCPTracker.

Completion of Project
Form 264 The Contractor Notification of Completion must be uploaded into LCPTracker. This form is due at the end of the project once all punch list items have been completed and the NOC has been requested to be filed.

In accordance with city policy and contract documents, the undersigned contractor herein certifies that it will comply with the foregoing prevailing wage requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.

Contractor Signature Contractor Printed Name
Title Date
All of the forms discussed in this document can be found in LCPTracker under the eDocuments tab.

Prevailing Wages
You must be paid not less than the wage rates listed in the Department of Industrial Relations wage decisions posted with this notice for the work you perform.

Overtime
You must be paid not less than the overtime rates listed in the Department of Industrial Relations wage decisions posted with this notice for the work you perform.

Enforcement
Contract payment can be withheld to ensure workers receive wages and overtime pay due. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.

Apprentices
Apprentice rates apply only to apprentices properly registered under the State of California apprenticeship programs.

Who to Call for Questions
If you do not receive proper pay for the work you perform, or require further information on the applicable wages, contact the Labor Compliance Officer listed below:

For Labor Compliance Questions or Concerns for the above referenced project, please contact:

This notice must be posted on the job site at all times with the required job postings and DIR wage determinations associated with this project.

26 Ban the Box Requirements

BAN THE BOX REQUIREMENTS

INTRODUCTION
On September 6, 2016, the City of Sacramento enacted an ordinance regarding criminal conviction information in the employment application process (the “Ban the Box Ordinance”), which added Chapter 3.62 to the Sacramento City Code and amended Section 2.40.050 of the Sacramento City Code. The Ban the Box Ordinance prohibits “covered employers” from asking an applicant for employment to disclose, orally or in writing, information concerning the criminal conviction history of the applicant, including any inquiry about criminal conviction history on any employment application, until the employer has determined the applicant meets the minimum employment qualifications stated in any notice issued for the position.

APPLICATION
“City Contract”
The Ban the Box Ordinance applies to all “city contracts.” The term “city contract” means a contract awarded after January 1, 2017 to a “covered employer” for services or a public project in return for compensation of $100,000 or more. The term “city contract” includes contracts for services or public projects that were awarded for an amount less than $100,000, but were amended to increase the total compensation to $100,000 or more.

The Ban the Box Ordinance also applies when the aggregate value of all contracts for services or public projects the City has awarded to the same “covered employer” within the previous 12 months is $100,000 or more.

The Ban the Box Ordinance does not apply to: (1) contracts awarded by the City Manager in response to an emergency; and (2) contracts for the purchase or lease of equipment, supplies, or other personal property, even if they include incidental services such as delivery, installation, or maintenance. “Covered Employer”
The Ban the Box Ordinance only applies to “covered employers.” The term “covered employer” means a person who is a party to a “city contract” and has at least 20 employees working either full or part time. The number of employees that a contractor has is determined by adding the contractor’s employees and the employees of any “related person.” A person is a “related person” when any of the following circumstances exists:
(1) The person and the person that is a party to a “city contract” are both corporations and:
(a) Share a majority of members of their governing boards; or (b) Have two or more officers in common; or
(c) Are controlled by the same majority shareholder or shareholders (control means more than 50% of the corporation’s voting power); or
(d) Are in a parent subsidiary relationship (such a relationship exists when one corporation directly or indirectly owns shares possessing more than 50% of another corporation’s voting power). (2) The person otherwise controls and directs, or is controlled and directed by, the person that is a party to a city contract, as determined by the City Manager, or City Manager designee. 27 The term “covered employer” includes a subcontractor providing services under a “city contract” if the subcontractor has at least 20 employees, whether full or part time, or the amount of the subcontract is at least 25% of the amount of the “city contract.”
The term “covered employer” does not include any unit of federal, state or local government.

Exceptions
The Ban the Box Ordinance provisions do not apply to: (1) a position for which a “covered employer” is otherwise required by law to conduct a criminal conviction history background check; or (2) a position that will not involve work pursuant to a “city contract.” Additionally, the Ban the Box Ordinance does not prevent a “covered employer” from conducting a criminal conviction history background check in subsequent stages of the application process after initially determining whether the applicant meets the minimum employment qualifications.

COMPLIANCE
It is the contractor’sresponsibility to determine whether the aggregate value of $100,000 or more has been met, and to notify the City in writing whenever this is the case. It is also the contractor’s responsibility to ensure that all of its subcontractors who are covered by the Ban the Box Ordinance comply with the provisions of the Ban the Box Ordinance by including these requirements in all subcontracts covered by the Ban the Box Ordinance.

VIOLATIONS AND MONITORING
The Ban the Box Ordinance provides that any violation of the Ban the Box Ordinance by a “covered employer” constitutes a material breach of the contract, and authorizes the City to terminate the contract. The City may also enforce the Ban the Box Ordinance by investigating any alleged violation (but any failure of the City to investigate does not create a right of action against the City). The City may further require “covered employers” to verify compliance.

DECLARATION OF COMPLIANCE
To assure compliance with the Ban the Box Ordinance, any person or entity entering into a contract to provide services or a public project to or for the City, after January, 1, 2017, is required to provide the City with a signed Declaration of Compliance in the form specified by the City prior to the City’s execution of the contract. The Declaration of Compliance shall be signed by a duly authorized representative of the person or entity entering into the contract, and when accepted by the City, shall constitute part of the contract.

ADDITIONAL INFORMATION
For a complete description of the Ban the Box Ordinance provisions related to City contracts, refer to the Ban the Box Ordinance, codified at Sacramento City Code Chapter 3.62. The Sacramento City Code is available on the internet at www.cityofsacramento.org.

For more information on the City’s Ban the Box Ordinance, contact Procurement Services at 916 808 6240.

12-22-16 Page 1

REQUIREMENTS OF THE NON-DISCRIMINATION IN EMPLOYEE BENEFITS CODE

INTRODUCTION
The Sacramento NonSacramento City Code Chapter 3.54, prohibits City contractors from discriminating in the provision of employee benefits between employees with spouses and employees with domestic partners, and between the spouses and domestic partners of employees.

APPLICATION
The provisions of the Ordinance apply to any contract or agreement (as defined below), between a Contractor and the City of Sacramento, in an amount exceeding $100,000.00. The Ordinance applies property outside the City of Sacramento if the property is owned by the City or if the City has a right to occupy the property; or (iii) at any location where a significant amount of work related to a City contract is being performed.

The Ordinance does not apply: to subcontractors or subcontracts of any Contractor or contractors; to transactions entered into pursuant to cooperative purchasing agreements approved by the Sacramento City Council; to legal contracts of other governmental jurisdictions or public agencies without separate competitive bidding by the City; where the requirements of the ordinance will violate or are inconsistent with the terms or conditions of a grant, subvention or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or agreement; to permits for excavation or street construction; or to agreements for the use of City right-of-way where a contracting utility has the power of eminent domain.

DEFINITIONS
As set forth in the Ordinance, the following definitions apply:
services to be purchased or grants to be provided, at the expense of the City or to be paid out of moneys deposited in the treasury or out of the trust money under the control or collected by the City. use or occupy real property to the exclusion of others, other than the right reserved by the fee owner) or occupancy of real property for a term exceeding 29 days in any calendar year, whether by singular or cumulative instrument, (i) for the operation or use by others of real property owned or controlled by the City for the operation of a business, social, or other establishment or organization, including leases, by others, including leases, concessions, franchises and easements. -will use or encroachment permit for the use of or
encroachment on City property regardless of the ultimate duration of such permit; excavation, street construction or street use permits; agreements for the use of City right-of-way where a contracting utility has the power of eminent domain; or agreements governing the use of City property that 12-22-16 Page 2
constitute a public forum for activities that are primarily for the purpose of espousing or advocating causes or ideas and that are generally protected by the First Amendment to the United States Constitution or that are primarily recreational in nature. thereof
governmental entity pursuant to state or local law authorizing the registration. of insurance; family
medical leave; health benefits; membership or membership discounts; moving expenses; pension and to the extent that the application of the requirements of this chapter to such benefits may be preempted by federal or state.

Contractor shall provide the City with documentation and information verifying its compliance with the requirements of the Ordinance within ten (10) days of receipt of a request from the City. Contractors , Social Security number, work classification, straight time pay rate, overtime pay rate, overtime hours worked, status and exemptions, and benefits for each day and pay period that the employee works on the City Contract. Each request for payroll records shall be accompanied by an affidavit to be completed and returned by the Contractor, as stated, attesting that the information contained in the payroll records is true and correct, and that the Contractor has complied with the requirements of the Ordinance. A violation of the Ordinance or noncompliance with the requirements of the Ordinance shall constitute a breach of contract.

EMPLOYER NOTICE REQUIREMENTS
(a) The Contractor shall give each existing employee working directing on a City Contract, and (at the (b) Contractor shall post, in a place visible to all employees, a copy of the notice provided as

Attachment A
-DISCRIMINATION IN EMPLOYEE BENEFITS CODE
entered into a contract with the City of Sacramento
-Discrimination In Employee Benefits Code (Sacramento City Code Section 3.54).

The Ordinance does not require the Employer to provide employee benefits. The Ordinance does require that if certain employee benefits are provided by the Employer, that those benefits be provided without discrimination between employees with spouses and employees with domestic partners, and without discrimination between the spouse or domestic partner of employees.

The Ordinance covers any employee working on the specific contract referenced above, but only for the period of time while those employees are actually working on this specific contract.

The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement - Family medical leave benefits
- Health benefits - Vacation
- Membership or membership discounts - Travel benefits
- Any other benefits given to employees
(Employee Benefits does not include benefits that may be preempted by federal or state law.) If you feel you have been discriminated or retaliated against by your employer in the terms and conditions of your application for employment, or in your employment, or in the application of these employee benefits, because of your status as an applicant or as an employee protected by the Ordinance, or because you reported a violation of the Ordinance, and after having exhausted all remedies with your employer,

You May . . .

Submit a written complaint to the City of Sacramento, Contract Services Unit, containing the details of the alleged violation. The address is:

City of Sacramento
Procurement Services Division
915 I Street, Second Floor
Sacramento, CA 95814
Bring an action in the appropriate division of the Superior Court of the State of California against the Employer and obtain the following remedies:
- Reinstatement, injunctive relief, compensatory damages and punitive damages -

Attachment B
-DISCRIMINATION IN EMPLOYEE BENEFITS CODE
If your employer provides employee benefits, they must be provided to those employees working on a City of Sacramento contract without discriminating between employees with spouses and employees with domestic partners.

The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement benefits - Family medical leave - Vacation
- Health benefits - Travel benefits
- Membership or membership discounts - Any other benefits given to Employees If you feel you have been discriminated against by your employer . . .

You May . . .

Submit a written complaint to the City of Sacramento, Contract Services Unit, containing the details of the alleged violation. The address is:

City of Sacramento
Procurement Services Division
915 I Street, Second Floor
Sacramento, CA 95814
Bring an action in the appropriate division of the Superior Court of the State of California against the employer and obtain reinstatement, injunctive relief, compensatory damages, punitive damages and and costs.

Discrimination and Retaliation Prohibited.

If you feel you have been discriminated or retaliated against by your employer in the terms and conditions of your application for employment, or in your employment, because of your status as an applicant or as an employee protected by the Ordinance, or because you reported a violation of this Ordinance . . .

You May Also . . .

Submit a written complaint to the City of Sacramento, Contract Services Unit, at the same address, containing the details of the alleged violation.

CITY OF SACRAMENTO

AN ORDINANCE

NON-DISCRIMINATION IN EMPLOYEE BENEFITS

BY CITY CONTRACTORS
Frequently Asked Questions -
Rev. 3-18-2014 Procurement Page 1 of 5
This document contains information on the most important questions about Non-Discrimination in Employee Benefits by City Contractors Ordinance.

These questions and answers are general; see the text of the Ordinance for a more detail explanation.

Q. What is the purpose of Non-Discrimination in Employee Benefits by City Contractors Ordinance?
A. The purpose of the Ordinance is to prohibit contractors from discriminating between employees with spouses and employees with domestic partners, and from discriminating between the spouses and domestic partners of employees, in the provision of employee benefits.

The Ordinance does not require contractors, who do business with the City, to provide employee benefits. It does, however, require those contractors who do business with the City and who do provide employee benefits, to provide those employee benefits without discrimination.

Q. What is the effective date of the Ordinance?
A. The Ordinance applies to any contract which has a bid submittal due date on or after April 1, 2005.

Q. What is the definition of
A. For the purpose of this Ordinance, a Contractor is any person who is a party to an applicable City Contract or Agreement who, in the normal course of business, provides for the performance of public works or improvements, the purchase of goods or services, or grants.

Q. What is the definition of
A. Employee means an individual who performs work directly related to an applicable City Contract, whether the individual works full-time or parttime, is a contingent or contract employee, or is made available to work on the City Contract through a temporary-services agency or similar entity.

CITY OF SACRAMENTO

AN ORDINANCE

NON-DISCRIMINATION IN EMPLOYEE BENEFITS

BY CITY CONTRACTORS
Frequently Asked Questions -
Rev. 3-18-2014 Procurement Page 2 of 5
does not include:
- Individuals who participate in job-training and education programs that have, as their express purpose, the provision of basic job skills and education to participants with the goal of earning a highschool equivalency diploma and permanent employment. - Student interns.
- Individuals participating in specialized training programs.

Q. What is the definition of
A. Domestic Partner means any person who has a currently registered Domestic Partnership with a governmental entity pursuant to state or local law authorizing the registration.

Q. What are Be
A. Employee Benefits subject to the Ordinance are:
- Bereavement leave
- Disability, life and other types of insurance
- Family medical leave
- Health benefits
- Membership or membership benefits
- Moving expenses
- Pension and retirement benefits
- Vacation
- Travel benefits
- Any other benefit offered to employees
Q. What are some conditions that can be met to preclude discrimination in providing employee benefits?
A. If it costs more to provide a certain benefit for the domestic partner of an employee than it costs to provide that same benefit for the spouse of an employee, or if it costs more to provide a certain benefit for the spouse of an employee than it costs to provide that same benefit for the domestic partner of an employee, the contractor will not be deemed to discriminate in the providing employee benefits if the contractor conditions providing the benefit if the employee agrees to pay the excess costs.

CITY OF SACRAMENTO

AN ORDINANCE

NON-DISCRIMINATION IN EMPLOYEE BENEFITS

BY CITY CONTRACTORS
Frequently Asked Questions -
Rev. 3-18-2014 Procurement Page 3 of 5
In the event a contractor is unable to provide a certain benefit to both the spouse or domestic partner of employees, despite taking reasonable measures to do so, the contractor will not be deemed to discriminate in the providing employee benefits if the contractor provides the employee with a cash equivalent.

A contractor will not be deemed to be discriminating in providing employee benefits if the contractor does not provide employee benefits to em spouses or to domestic partners or on
a basis that is unrelated to marital or domestic partner status.

Q. What contracts or agree are subject to the Ordinance? A. Contracts or Agreements subject to the Ordinance are those contracts or agreements with the City, executed in an amount exceeding $100,000.00 (either initial value or total value after any addition or modification), which provide for the performance of public works or improvements, the purchase of goods or services, or grants to be provided, but only to the extent of the operation that occurs:
- Within the City of Sacramento
- On real property outside the City of Sacramento:
- If the property is owned by the City, or
- If the City has a right to occupy the property
- Elsewhere in the United States, at any location where a significant portion of work related to the contract is being performed.

The Ordinance also applies to written agreements for the exclusive use or occupancy of real property, for a period of time exceeding 29 days in any calendar year for:
- The operation or use by others of real property owned or controlled by the City (whether by leases, concessions, franchises, or easements), for the operation of a business, social or other establishment or organization.
- The use or occupancy of real property owned by others (whether by leases, concessions, franchises, or easements).

CITY OF SACRAMENTO

AN ORDINANCE

NON-DISCRIMINATION IN EMPLOYEE BENEFITS

BY CITY CONTRACTORS
Frequently Asked Questions -
Rev. 3-18-2014 Procurement Page 4 of 5
The Ordinance does not apply to:
- Transactions entered into pursuant to cooperative purchasing agreements approved by the City Council.
- Legal contracts of other governmental jurisdictions or public agencies without separate competitive bidding by the City. - Subcontractors or subcontractors of any contract or contractors. - Contracts covering excavation, street construction or street use permits, agreements for the use of City right-of-way where a contracting utility has the power of eminent domain
- Agreements governing the use of City property that constitutes a public forum for activities that are primarily for the purpose of espousing or advocating causes or ideas and that are generally recognized as protected by the First Amendment to the U. S.

Constitution, or that are primarily recreational in nature.

Q. Is it possible to waive the provisions and requirements of the Ordinance? A. Yes. The City Manager, or designee, may waive the requirements of the Ordinance under designated circumstances. All requests for waiver need to be detailed, in writing, and routed through the Project Manager for initial review and approval.

Q. Am I required to provide employee notification regarding the Ordinance? A. Yes. Contractors subject to the Ordinance must give to each current employee (WORKING DIRECTLY ON THE CONTRACT) and, within ten (10) days of hire, each new employee (WHEN WORKING DIRECTLY ON THE CONTRACT), written notification of his or her rights under the Ordinance in a form specified by the City. (See Sample Letter; Attachment A). A copy of each such letter must be retained in an appropriate file for possible future review by an authorized City representative.

In addition, a similar notice must be prominently posted in areas where it may be seen by all employees. (See Sample Poster; Attachment B).

CITY OF SACRAMENTO

AN ORDINANCE

NON-DISCRIMINATION IN EMPLOYEE BENEFITS

BY CITY CONTRACTORS
Frequently Asked Questions -
Rev. 3-18-2014 Procurement Page 5 of 5
Q. If I have questions about the Ordinance or its application, who can I contact for assistance?
A. You can contact the Program Administrator at:

City of Sacramento
Procurement Services
915 I Street, 2nd Floor
Sacramento, CA 95814-2714
(916) 808-6240
(916) 808-5747 (Fax)
Attachment A
-DISCRIMINATION IN EMPLOYEE BENEFITS CODE
-Discrimination In Employee Benefits Code (Sacramento City Code Section 3.54).

The Ordinance does not require the Employer to provide employee benefits. The Ordinance does require that if certain employee benefits are provided by the Employer, that those benefits be provided without discrimination between employees with spouses and employees with domestic partners, and without discrimination between the spouse or domestic partner of employees.

The Ordinance covers any employee working on the specific contract referenced above, but only for the period of time while those employees are actually working on this specific contract.

The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement - Family medical leave benefits
- Health benefits - Vacation
- Membership or membership discounts - Travel benefits
- Any other benefits given to
employees
(Employee Benefits does not include benefits that may be preempted by federal or state law.) If you feel you have been discriminated or retaliated against by your employer in the terms and conditions of your application for employment, or in your employment, or in the application of these employee benefits, because of your status as an applicant or as an employee protected by the Ordinance, or because you reported a violation of the Ordinance, and after having exhausted all remedies with your employer, You May . . .

Submit a written complaint to the City of Sacramento, Procurement Services containing the details of the alleged violation. The address is:

City of Sacramento
Procurement Services Division
915 I Street, Second Floor
Sacramento, CA 95814
Bring an action in the appropriate division of the Superior Court of the State of California against the Employer and obtain the following remedies:
- Reinstatement, injunctive relief, compensatory damages and punitive damages - fees and costs

Attachment B
-DISCRIMINATION IN EMPLOYEE BENEFITS CODE
If your employer provides employee benefits, they must be provided to those employees working on a City of Sacramento contract without discriminating between employees with spouses and employees with domestic partners.

The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement benefits - Family medical leave - Vacation
- Health benefits - Travel benefits
- Membership or membership discounts - Any other benefits given to employees
If you feel you have been discriminated against by your employer . . .

You May . . .

Submit a written complaint to the City of Sacramento, Contract Services Unit, containing the details of the alleged violation. The address is:

City of Sacramento
Procurement Services Division
915 I Street, Second Floor
Sacramento, CA 95814
Bring an action in the appropriate division of the Superior Court of the State of California against the employer and obtain reinstatement, injunctive relief, compensatory damages, punitive damages and reasonable Discrimination and Retaliation Prohibited.

If you feel you have been discriminated or retaliated against by your employer in the terms and conditions of your application for employment, or in your employment, because of your status as an applicant or as an employee protected by the Ordinance, or because you reported a violation of this Ordinance . . .

You May Also . . .

Submit a written complaint to the City of Sacramento, Procurement Services, at the same address, containing the details of the alleged violation.

DECLARATION OF COMPLIANCE
Equal Benefits Ordinance
Name of Contractor
Address
The above named contractor (“Contractor”) hereby declares and agrees as follows:

1. I have read and understand the Non-Discrimination In Employee Benefits By City Contractors Ordinance (“Ordinance”) provided to me by the City of Sacramento (“City”) in connection with the City’s request for proposals or other solicitations for the performance of services, or for the provision of commodities, under a City contract or agreement (“Contract”).

2. As a condition of receiving the City Contract, I agree to fully comply with the requirements of the Ordinance, codified as Chapter 3. 54 of the Sacramento City Code.

3. If the face amount of this City Contract is less than $100,000.00 as a condition of receiving this Contract, I agree to notify the City in writing if the aggregate value of the City Contract referenced herein, after changes, modifications, or similar actions, equals or exceeds $100,000.00 in total value.

4. I understand, to the extent that such benefits are not preempted or prohibited by federal or state law, employee benefits covered by the Ordinance, are any of the following:
a. Bereavement Leave
b. Disability, life, and other types of insurance
c. Family medical leave
d. Health benefits
e. Membership or membership discounts
f. Moving expenses
g. Pension and retirement benefits
h. Vacation
i. Travel benefits
j. Any other benefit offered to employees
I agree that should I offer any of the above listed employee benefits, that I will offer those benefits, without discrimination between employees with spouses and employees with domestic partners, and without discrimination between the spouses and domestic partners of such employees.

5. I understand that I will not be considered to be discriminating in the provision or application of employee benefits under the following conditions or circumstances:
a. In the event that the actual cost of providing a benefit to a domestic partner or spouse, exceeds the cost of providing the same benefit to a spouse or domestic partner of an employee, I will not be required to provide the benefit, nor shall it be deemed discriminatory, if I require the employee to pay the monetary difference in order to provide the benefit to the domestic partner or to the spouse.
b. In the event I am unable to provide a certain benefit, despite taking reasonable measures to do so, if I provide the employee with a cash equivalent, I will not be deemed to be discriminating in the application of that benefit.
c. If I provide employee benefits neither to employee’s spouses nor to employee’s domestic partners.
d. If I provide employee benefits to employees on a basis unrelated to marital or domestic partner status.
e. If I submit, to the Program Coordinator, written evidence of making reasonable efforts to end discrimination in employee benefits by implementing policies which are to be enacted before the first effective date after the first open enrollment process following the date the Contract is executed with the City.

I understand that any delay in the implementation of such policies may not exceed one (1) year from the date the Contract is executed with the City, and applies only to those employee benefits for which an open enrollment process is applicable.
f. Until administrative steps can be taken to incorporate, in the infrastructure, nondiscrimination in employee benefits
The time allotted for these administrative steps will apply only to those employee benefits for which administrative steps are necessary and may not exceed three (3) months from the date the Contract is executed with the City. g. Until the expiration of a current collective bargaining agreement(s) where, in fact, employee benefits are governed by a collective bargaining agreement(s). h. I take all reasonable measures to end discrimination in employee benefits by either requesting the union(s) involved agree to reopen the agreement(s) in order for me to take whatever steps are necessary to end discrimination in employee benefits or by my ending discrimination in employee benefits without reopening the collective bargaining agreement(s). i. In the event I cannot end discrimination in employee benefits despite taking all reasonable measures to do so, I provide a cash equivalent to eligible employees for whom employee benefits (as listed previously), are not available.

Unless otherwise authorized in writing by the City Manager, I understand this cash equivalent must begin at the time the union(s) refuse to allow the collective bargaining agreement(s) to be reopened or no longer than three (3) months from the date the Contract is executed with the City.

6. I understand that failure to comply with the provisions of Section 5. (a) through

4. (i), above, will subject me to possible suspension and/or termination of this Contract for cause; repayment of any or all of the Contract amount disbursed by the City; debarment for future contracts until all penalties and restitution have been paid in full; deemed ineligible for future contracts for up to two (2) years; the imposition of a penalty, payable to the City, in the sum of $50.00 for each employee, for each calendar day during which the employee was discriminated against in violation of the provisions of the Ordinance.

7. I understand and do hereby agree to provide each current employee and, within ten (10) days of hire, each new employee, of their rights under the Ordinance. I further agree to maintain a copy of each such letter provided, in an appropriate file for possible inspection by an authorized representative of the City. I also agree to prominently display a poster informing each employee of these rights.

8. I understand that I have the right to request an exemption to the benefit provisions of the Ordinance when such a request is submitted to the Procurement Services Division, in writing with sufficient justification for resolution, prior to contract award.

I further understand that the City may request a waiver or exemption to the provisions or requirements of the Ordinance, when only one contractor is available to enter into a contract or agreement to occupy and use City property on terms and conditions established by the City; when sole source conditions exist for goods, services, public project or improvements and related construction services; when there are no responsive bidders to the EBO requirements and the contract is for essential goods or services; when emergency conditions with public health and safety implications exist; or when the contract is for specialized legal services if in the best interest of the City.

9. In consideration of the foregoing, I shall defend, indemnify and hold harmless, the City, its officers and employees, against any claims, actions, damages, costs (including reasonable attorney fees), or other liabilities of any kind arising from any violation of the City’s Equal Benefits Requirements or of the Ordinance by me.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind the Contractor to the provisions of this Declaration.

Signature of Authorized Representative Date
Print Name
Title

1 NOTICE REGARDING ASSEMBLY BILL 626
Assembly Bill 626 (AB 626), signed into law September 29, 2016, established a new claim resolution process for public works project contracts entered into on or after January 1, 2017.

AB 626 is codified in Section 9204 of the California Public Contract Code. Section 9204 remains in effect until January 1, 2020, and as of that date will be repealed unless another statute extends or deletes this sunset date.

Public Contract Code Section 9204 applies to any which is presented by the Contractor to the City. as a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (1) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City; (2) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; or (3) payment of an amount that is disputed by the City.

If Contractor presents a claim to the City in accordance with the provisions of Public Contract Code Section 9204 , the process specified in Section 9204 will be followed, and the provisions of Section 4-8 (Disputed Claims) and Section 4-9 (Review by Cla
Standard Specifications for Public Construction will not apply to the Claim. Contractor shall comply with the provisions of Section 4-7 (Notice of Claims for Additional Compensation or Damages or Contractor shall give a separate written
notice of potential claim that complies with the requirements specified in Section 4-7, except in any case where compliance with the requirements specified in Section 4-7 would conflict with Public Contract Code Section 9204.

Subsection (e) of Public Contract Code Section 9204 requires that the text of Section 9204 or a summary be set forth in the plans or specifications for any public works project that may give rise to a claim under Section 9204.

The full text of Public Contract Code Section 9204 is as follows:
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
2 (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1)
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2)
(commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A)
subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B)
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
3 (ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4)
improvement of any public structure, building, road, or other public improvement of any kind.
(5)
9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the

SPECIAL PROVISIONS
4 claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A)
entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant 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 public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 5 (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A cla
responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the 6 commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

SPECIAL PROVISIONS
Robertson Park Restroom Specifications Revised 5/23/23

SPECIAL PROVISIONS FOR:

Robertson Park Restroom Replacement - Rebid
PN: L19190100 Bid #B23191121013
I. GENERAL REQUIREMENTS
A. SCOPE AND LOCATION OF WORK
The work to be performed under these Special Provisions consists of developing the restroom building replacement at Robertson Park in Sacramento at 3525 Norwood Ave. The improvements will consist of 3000 sq.ft., including a new restroom building, new sewer line connection, and concrete flatwork.

B. COMPLETION TIME
The time for the completion of all work is 60 (sixty working days) from the Notice to Proceed for substantial completion and 30 (thirty calendar days) for plant establishment. Should said work not be completed to the satisfaction of the City within said time, the contractor shall pay to the City of Sacramento a sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages and not as a penalty for each calendar day delay after the expiration of such period until the final acceptance of the work by the City.

C. SPECIFICATIONS
The work to be performed under this contract shall be done in accordance with the Standard Specifications of the City of Sacramento, (adopted in November 2020), which can be accessed at
http://www.cityofsacramento.org/Utilities/Development-Standards, referred to herein as "Standard Specifications" as modified by these Special Provisions, which shall apply to all work.
i. Standard Specification 1-23
The word “Engineer” shall also mean “Landscape Architect” as defined in Standard Specification Section 1-33.
ii. Standard Specifications Section 2-9 SUBCONTRACTORS
Add the following after the subparagraph 2 in the Standard Specifications:

Robertson Park Restroom Specifications Revised 5/23/23

If a prime Contractor fails to specify a subcontractor, or, if a prime Contractor specifies more than one (1) subcontractor for the same portion of work to be performed under the Contract, which portion exceeds one-half of one percent of the prime Contractor's total bid, the prime Contractor agrees that it is fully qualified to perform that portion of the work and that the prime Contractor shall perform that portion of the work.
iii. Standard Specifications Section 5-4 COOPERATION OF

CONTRACTOR
Add the following after the last paragraph of the Standard Specifications Section 5-4 COOPERATION OF CONTRACTOR with the following:

Contractor shall cooperate with the Landscape Architect, City inspectors, and with other Contractors that may be working at the same jobsite as directed by the Landscape Architect and/or City inspector. The City inspector shall designate the sequence of construction in case of a disagreement between Contractors. iv. Standard Specifications Section 7-2 WORK SCHEDULE AND

ADEQUATE RESOURCES
Add the following after the last paragraph of the Standard Specifications Section 7-2 WORK SCHEDULE AND ADEQUATE
RESOURCES:

Contractor shall submit with each Pay Request Application an updated Work Schedule. The updated Work Schedule is an integral part of the Pay Request Application. The Pay Request Application will not be accepted for processing without an accompanying updated Work Schedule.
v. Standard Specifications Section 8 -1 MEASUREMENT OF

QUANTITIES
Add the following paragraph: "The Landscape Architect shall determine quantities of work acceptable under the terms of the Contract. Not more than once per month the Contractor shall present to the Landscape Architect a statement showing the amount of labor and materials incorporated into the work.”
vi. Special Notice Regarding Standard Specifications: The Standard Specifications of the City of Sacramento, dated November 2020, are subject to the provisions of Chapter 3.60 of the Sacramento City Code. If there is any conflict between the Standard Specifications as currently written and Chapter 3.60 of the Sacramento City Code, the City Code shall govern.

D. SUBCONTRACTORS
Robertson Park Restroom Specifications Revised 5/23/23

The Contractor shall comply with Section 2-9 of the Standard Specifications.

E. SCHEDULE OF UNIT PRICES
The designated lowest responsible bidder shall provide a Schedule of Unit Prices to the Landscape Architect prior to the award of the Contract. The form for the Schedule of Unit Prices will be provided to the bidder by the Landscape Architect after issuance of the Notice of Award. This Schedule of Unit Prices shall be not be used for Contract payments; only the unit process stated on the bid sheet. Unit prices provided on the Schedule of Unit Prices are for information only and may be used as a basis for determining Contractor’s direct costs in preparing change orders for additional work.

F. TIME OF AWARD
Section 3-2TIMEOF AWARD of the Standard Specifications, the first paragraph is amended as follows: “The award of a formally bid Contract, if made, will be made within ninety (90) calendar days after opening of the Proposals.

G. PRE-BID INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretation will be made to any bidder as to the meaning of the Contract Documents. Request for interpretation shall be made in writing, and delivered to the City at least seven (7) days before the time announced for opening the Proposals. Interpretation, where necessary, will be made by the City in the form of an addendum to the Invitation for Bids, and when issued, will be sent as promptly as is practical to all parties to whom the bid documents have been issued who have subscribed to Planet Bids. All such addenda shall become part of the Contract. Request for information regarding shall be directed to the Jeff Nittka, Department of Youth, Parks & Community
Enrichment, Park Planning & Development Services, 915 I Street, 3rd Floor, Sacramento, CA 95814, (916) 808-5996, FAX (916) 808-8275, email [email protected].

It shall also be the bidder's responsibility to call to the attention of the Landscape Architect any missing pages or drawings in the Invitation for Bids including any addenda. These items shall be brought to the attention of the Landscape Architect at least seven (7) calendar days before the bid opening date.

H. PRE-JOB CONFERENCE AND CONSTRUCTION SCHEDULE
The Contractor, after delivery by City of the executed Contract and at least three (3) calendar days before beginning work, shall notify the Landscape Architect to arrange for a pre-job conference. The Contractor shall submit to the Park Construction Inspector construction progress schedules in accordance with Section 7-2 of the Standard Specifications.

I. WORKMANSHIP AND MATERIALS
Robertson Park Restroom Specifications Revised 5/23/23

Except as otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new. The quality of materials and workmanship shall be in accordance with the provisions of Section 5-17 of the Standard Specifications. Appearance of the finished work is of primary importance in all phases of this project. Any portion of the work may be rejected due to appearance defects.

J. TRADE NAMES AND ALTERNATIVES
In accordance with Paragraph 5-18 of the Standard Specifications, certain articles or materials to be incorporated in the work may be designated, for convenience, under a trade name or the name of a manufacturer and the catalogue information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the approval of the Landscape Architect. The Contractor shall, within seven (7) calendar days after issuance of the Bid Summary and Notification of Award Recommendation, submit for the review of the Landscape Architect, materials, products, equipment and services which differ in any respect from the materials, products, equipment and services specified in the Invitation for Bids. Such submittals shall be accompanied by data to substantiate that such items are equal to those specified. The Landscape Architect shall be the sole judge as to the quality and suitability of substitutions and his/her decision shall be final. Requests for substitutions will not be entertained or considered by the Landscape Architect during the bidding period. No delay or extension of the Contract time will be allowed because of the time required for submitting substitutions or for determining their equality. Failure to propose the substitution of any article or service within seven (7) calendar days after the issuance of the Bid Summary and Notification of Award Recommendation will be deemed sufficient cause for the denial of request for substitution.

After an approval for a substitution is given, the Contractor shall be responsible for any variation of dimensions, locations, connections, sizes and openings, type and construction of substrate or support to receive materials, etc. The Contractor shall furnish and install any and all additional materials as may be required to perform a complete job without additional cost to the City.

Request for substitution approval shall, in addition to the directions described above, list any and all deviations in the quality, criteria, characteristics or dimensions from the specified item or items. Any deviations in the quality, criteria, characteristics or dimensions that do not appear in the request for substitutions and subsequently appear in the shop drawings or in the product or installation may cause the Contractor to be directed to remove the item or items in total and at its expense, and to provide and install the item or items as originally specified. The mere mention in the request for substitution that the item or items will be in accord with the manufacturer's specification or catalog will not be sufficient to alter the specifications. The request for substitution must specifically list where deviations in the quality, criteria, characteristics or dimensions exist.

Robertson Park Restroom Specifications Revised 5/23/23

K. ACCIDENT PREVENTION
The Contractor's attention is directed to Section 6-9 of the Standard Specifications, which requires compliance with all requirements of the California Occupational Safety and Health Act.

L. LOCATION OF EQUIPMENT AND PIPING
Drawings showing locations of equipment, piping, valves, sprinkler heads, and other appurtenances are diagrammatic only. When installation deviates from the plans and specifications, the Landscape Architect shall be notified for approval.

The Contractor will be held responsible for deviations made without first obtaining the Landscape Architect's written approval, and shall remove and relocate such items at his own expense if so directed by the Park Construction Inspector.

M. RELIEF FROM MAINTENANCE AND RESPONSIBILITY
Upon the written request of the Contractor and upon written approval by the Landscape Architect, the Contractor may be relieved of the duty of maintaining and protecting certain portions of the work, which have been completed in all respects in accordance with the requirements of the Contract and to the satisfaction of the Landscape Architect, and thereafter, except with his or her consent, the Contractor will not be required to do further work thereon. In addition, such action by the Landscape Architect will relieve the Contractor of responsibility for injury or damage to said completed portions of the work resulting from use by public traffic or from the action of the elements or from any other cause, but not from injury or damage resulting from the Contractor's own operations or from its negligence. Nothing in this section providing for relief from maintenance and responsibility will be construed as relieving the Contractor of full responsibility for repairing or replacing defective work or materials found at any time before either the formal acceptance of the entire work by the City or during the applicable guarantee period.

N. COORDINATION OF CONTRACT DOCUMENTS
The following sentence is added to the end of Section 5-3 of the Standard Specifications:

In case of conflict between drawings and specifications, the drawings shall govern in matters of quantity and the specifications in matters of quality. In case of conflict within the drawings involving quantities or within the specifications involving qualities, the greater quantity and the higher quality shall be furnished.

O. PROTECTION OF DRAINAGE FACILITIES
The Contractor shall maintain all new drainage facilities so storm drainage runoff into the new system is clean. Use straw bales around inlets to minimize sediment infiltration during rainy season and control of the irrigation schedule to minimize runoff during initial planting of turf is required.

P. CLEANING
The Contractor shall at all times keep the work site free from accumulations of waste material or rubbish caused by its employees work, and at the completion of work, the Contractor shall remove all rubbish from and about the work site and all tools, scaffolding and surplus materials, and shall leave the work site, including all sidewalks and paving areas, "broom clean", or its equivalent, unless Robertson Park Restroom Specifications Revised 5/23/23

more exactly specified in other trade sections of the specifications. In case of dispute, the City may remove the rubbish and charge the cost to the Contractor.

The Contractor at its expense shall remove spillage resulting from hauling operations along or across any public street immediately. Water or dust palliative shall be applied if ordered by the Park Construction Inspector for the alleviation or prevention of dust nuisance. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.

Q. SUBMITTALS
In accordance with the provisions of Section 5-7, Standard Specifications (except where noted below), the Contractor shall furnish the Landscape Architect with such shop drawings and other descriptive materials as may be necessary to adequately describe the equipment, material, and fabricated items proposed to be furnished under the Contract, and to determine their compliance with the specifications, design, and arrangement shown on the contract drawings. Items to conform to Special Provisions and may include, but not limited to:

One (1) copy of such submittals shall be furnished for review by the Landscape Architect, a digitally scanned copy will promptly be returned with approval, rejection, or approval with modification. Neither equipment nor material shall deviate in any way from the approved drawings without prior written approval of the Landscape Architect. Any fabrication of other work performed in advance of such approval shall be done entirely at the risk of the Contractor. The approval of submitted drawings or other descriptive material shall not relieve the Contractor of any obligation or responsibility for fulfillment of the Contract requirements.

R. RECORD DRAWINGS OF NEW CONSTRUCTION
Should the work as installed differ from the original design, the Contractor shall supply the City with a reproducible full size PDF drawing and (1) Fullsize and (1) ½ size hard copy set with all deviations from the original recorded thereon (layout and grades included). This "as-built" shall be found to be of acceptable quality by the Landscape Architect. Upon request, the City shall supply the Contractor with a PDF for his/her "as-built" drawing. "As-built" drawings shall also be required as stated in Section 36-4 of the Standard Specifications.

S. LICENSE REQUIREMENTS
Product Data Shop
Drawings
Mockup or
Sample
Concrete Pavement X X
Aggregate Base X
Expansion Joint Materials X
Sanitary Sewer clean out X
Restroom building X
Soil Amendments X X
Pre-emergent X
Turf Sod, Tags & Receipts X
Robertson Park Restroom Specifications Revised 5/23/23

For this publicly bid project either a General Engineering Contractor “A” that also holds a “C27” License, or a General Engineering Contractor “A” License with a qualified subcontractor “C27” Licensed. The “C27” contractor shall have previous park construction experience, and shall be required to install the irrigation and landscaping for municipal projects. The “A” contractor is categorized as a general engineering contractor as stated in the Business and Professions Code (B&P) Section 7056 of Article 4 Classifications on the California Contractors State License Board website.

T. PROTECTION OF EXISTING CONCRETE AND ASPHALT PAVEMENTS Contractor shall repair and replace to City standards any existing asphalt or concrete pavements damaged during construction activities at no expense to the City. These pavement areas include street, curb and gutter, sidewalk and park path. Contractor shall meet with the Park Construction Inspector prior to commencing work to document existing conditions of these paved areas.

U. PROJECT COORDINATION
Contractor shall complete all general coordination with the Project Manager, the Landscape Architect, the City Inspector, and other City staff as necessary to complete the Project in an efficient workmanlike manner. This coordination includes: Submittals; Record Drawings; Maintenance of Traffic, Public Safety, and Convenience; Protection of Existing Improvements; Construction Facilities and Temporary Controls; Temporary Electricity; Project Closeout; and Operation and Maintenance Data for this Project
V. CORONAVIRUS (COVI-19) SAFETY REQUIREMENTS

1.01 Given the coronavirus (COVID-19) epidemic, each Bidder must understand that the means and methods of construction, and the ways of doing business, have been materially impacted and changed (at least for the foreseeable future). These impacts and changes relate to social distancing, ability to perform at the pace previously performed, personal interaction of workers, implementation of increased safety measures, and a myriad of other impacts to construction operations. Heightened measures to protect persons from illness and the adoption and implementation of many new and more intensive practices will make the performance of construction work different and more challenging.

1.02 It is the intent of the City to alert all Bidders for all aspects of this Project, that they are to include in their Bids all known and reasonably estimated COVID-19 costs and impacts to the ability to obtain goods and materials required, as well as labor to perform the Work. Further, all costs for all of these and other aspects of the Project, including supervision, temporary facilities, incidentals, testing, QA/QC, etc. (this listing is intended to be illustrative and not comprehensive) shall be evaluated by each Bidder so its Bid submitted to the City includes all such potential costs in recognition of the foregoing and subsequent notices in this and other sections of the Contract Documents.

1.03 Each Bidder is to critically appraise and evaluate the reasonably anticipated costs and time impacts, if any, which may need to be Robertson Park Restroom Specifications Revised 5/23/23

accounted for in light of the COVID–19 pandemic and all governmental directives and requirements, and commercial impacts, arising therefrom. If awarded the contract, Bidders are encouraged to prepare a COVID-19 Exposure Prevention, Preparedness and Response Plan (a “COVID-19 Plan”) before commencing Work. The COVID-19 Plan should describe how to prevent worker exposure to coronavirus; protective measures to be taken on the jobsite; personal protective equipment and work practice controls to be used; cleaning and disinfecting procedures; and procedures to follow if a worker shows symptoms of COVID-19 illness or tests positive for COVID-19. In addition to any governmental or other guidance available at the time of Bid submission, the Contractor should review OSHA COVID19 Workplace Safety Guidance documentation, such as:
https://www.osha.gov/Publications/OSHA3990.pdf, as a resource in preparation of its COVID-19 Plan. Other reliable and current sources of COVID-19 information can be found from:

The California Department of Public Health (CDPH, State), including without limitation, guidance such as:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/nCOV20

19.aspx
The federal Centers for Disease Control and Prevention (CDC, National), including without limitation, guidance such as:
http://www.cdc.gov/coronavirus/novel-coronavirus-2019.html The Sacramento County Public Health Department, including without limitation, guidance found here: https://www.saccounty.net/COVID19/Pages/default.aspx The COVID-19 Plan should at a minimum address the following COVID-19 safety guidelines:
a. COVID-19 Employee and Visitor training and check-list before entering worksite.
b. Employee distancing and strategies to maximize distancing when possible.
c. Limitations on gathering size.
d. Personal Protective Equipment (PPE) requirements.
e. Identification of “choke points” and “high risk areas” such as hallways, hoists and elevators, break areas and vehicles.
f. Staggering trades and modification of work schedules to reduce worker density to maximize distancing opportunities.
g. COVID-19 employee good personal hygiene measures.
h. Disinfection and cleaning requirements.
i. Personal prevention actions requirements for all employees. j. Toolbox and Tailgate COVID-19 employee training.
k. Recognition of COVID-19 Symptoms.

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l. Procedures for COVID-19 exposure and notification to others who were at the Site.
m. Daily screening protocols for arriving workers and visitors to ensure potentially infected workers and visitors do not enter the Site. n. Maintenance of daily attendance logs of all workers and visitors who enter the Site.

1.04 It is the responsibility of each Bidder to alert all potential subcontractors and suppliers of every tier and trade to also factor in the above-referenced COVID-19 cost and time impacts, if any, into their sub-bids to Bidders for all aspects of the Project.

1.05 By submitting a Bid for this Project, each Bidder represents to the City that it included in its Total Bid Price all cost impacts, whether affecting labor (including, but not limited to obtaining qualified workers, quantity of workers, as well as their productivity); deliveries; supervision; testing; procurement of materials or equipment; and time caused by COVID-19 safety requirements and all public health and governmental directives in place at the time Bids are received by the City for this Project. Furthermore, each Bidder recognizes it will not be entitled to a change order granting a COVID-19 related time extension or for any COVID-19 related increased costs, or from any public health or governmental directives in place at the time Bids are received by the City for this Project.

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II. ITEM FOR THE BASE BID PROPOSAL
Item No. 1 - Site Clearing and Grubbing
This item shall consist of Site Clearing and Grubbing for the park development in conformance with Sections 12, 13, and 15 of the Standard Specifications and these Special Provisions.

A. Clearing and Grubbing shall conform to Section 12 of the Standard Specifications. All weeds under two inches (2") in height may be disked under to a minimum depth of six inches (6"). All other weeds, shrubs, brush, vines, debris and all other objection material within the project site shall be removed and legally disposed of away from the project site at contractors cost.

B. Debris - All resulting debris shall become the property of the Contractor, and disposed of outside the project limits at the Contractor's expense.

Payment shall be at the lump sum price bid and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in Site Clearing and Grubbing as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 2 - Temporary Construction Fence
This item shall consist of furnishing, installing and maintaining a 6’ high temporary construction Chain Link Fence around construction area as shown on the Plans in conformance with Section 10 of the Standard Specifications.

A. Demolition shall begin only after the temporary fence has been installed. Fence to remain in place throughout the duration of the project until project acceptance, or as directed by the Inspector. Fences with panel stands are preferred over inground mount.

Payment shall be made at the lump sum price bid, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in completing the Temporary Construction Fence as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 3- Site Staking
This item shall consist of Construction Staking the existing surface to the lines for the park development shown on the plans in conformance of the Standard Specifications and these Special Provisions.

A. Staking:

1. Vertical control is established by the bench mark indicated on the drawings.

2. Layout of work shall be done by the license Contractor by a using Robertson Park Restroom Specifications Revised 5/23/23

professional-type instruments. Contractor shall establish elevations and locate and stake all on-site improvements and grading for approval by the City prior to proceeding and shall be responsible for any damage that may be sustained by the City or others from incorrect locations of site improvements.

Payment shall be at the lump sum price bid and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in Construction Staking as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.

Item No. 4 – City Building Permit and Encroachment Permit Coordination This item shall consist of scheduling and coordinating all necessary City Building and Encroachment Permits required for the project, including obtaining a final inspection and closing out the City Building permit for the work shown on the plans in conformance with these Special Provisions and City Building Permit.

A. City Building Permit- The City has applied for a City Building Permit for this project. All the engineered drawings, permit fees and Special Inspections will be paid for the project by the City.

B. Contractor’s Responsibility - The Contractor shall be responsible for the project Building Permit during the project, and is responsible for call for all inspections and closing out the permit prior to final acceptance.

C. Construction and Demolition Debris Ordinance – Contractor shall keep a Waste Log of all materials hauled away from the project, including weight tickets of disposal and recycled materials. Waste Log shall be submitted at the end of the project, within 30 days after permit has been finaled.

Project retention will not be paid until the Waste management log has been submitted to the City’s Landscape Architect.

D. Building Permit Inspections – Contractor shall be responsible for scheduling all necessary Building inspections, and shall not cover over work until the work has been inspected and approved.

Contractor shall schedule all the required City Building Inspections by phone or online as indicated on the City Building Permit Envelope. The required inspection disciplines for this project are as follows:

1. Building

2. Electrical

3. Plumbing

4. Fire

5. Life Safety
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Contractor shall not cover or conceal any building, electrical, and plumbing work without City Build Inspections and or special inspectors approval. If work is concealed prior to getting these inspection’s shall be re-exposed for inspection and then restored to previous condition at no additional cost to the City.

E. Special Inspections and Material Testing – The Contractor shall inform the Construction Inspector, who will schedule all required special inspections and material testing. Refer to the Schedule of Special Inspection in the Building Permit for the project.

Upon completion of the Special Inspections and testing work, the Special Inspection firm shall provide a final special inspection test report signed and stamped by the responsible professional engineer. The contractor shall provide this document to the City’s Landscape Architect in order to final the building permit.

F. Final Inspection/Closeout of Building Permit – Contractor shall be responsible for a final inspection/closing out of the building permit. The Contractor will need the following documents at the final building inspection for final approval and to close out of the City Building permit:

1. C&D Debris Waste Log shall be submitted at the end of the project, within 30 days after permit has been finaled.

2. Final Special Inspection Report signed and stamped by the responsible professional engineer. This report will be needed for the Building Inspector at the final inspection, in order for final approval.

G. Encroachment Permit All work within the right of way will require a minor encroachment permit. The contractor shall be responsible for acquiring this permit from Development Engineering. The Landscape Architect will work with the City’s Accounting team to get the permit fees paid. The Contract is not responsible for these permit fees. The encroachment permit can include but not limited to;

1. Installation of trench plates

2. Traffic Control

3. Coordination of inspections with the City’s Public Work’s inspector Payment shall be made at the lump sum price as a Final Pay Item Only, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in City Building and Encroachment Permits as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.

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Item No. 5 - Demolition
This item shall consist of Demolition and removal of items indicated on the plans in conformance with 13-3 Removing / Relocating of the Standard Specifications and these Special Provisions.

A. Demolition shall include the removal of the following items as shown on the plans, including the removal of the associated concrete footings.

B. Restroom building Demolition: shall include the deconstruction and removal of the existing restroom building. This includes, but not limited to removal of all walls, foundation, footings, hardware, timber, and roofing materials. All resulting debris shall be removed and legally disposed of away for the project site. Refer to Attachment Hazardous Material Survey Final Report by Entek Consulting Group, Inc. dated May 12, 2022, requirements and proper removal procedures. Utilities shall be capped for use with new building.

C. Concrete Paving shall be removed as shown on the plans. All resulting debris shall be removed and legally disposed of away from the project site.

D. Utilities Contractor shall disconnect Utilities including, water, sewer and electrical.

Cut and cap as needed to protect for re-installation to new building.

E. Saw Cutting shall be straight, clean lines. All resulting debris shall be removed and legally disposed of away from the project site.

F. Trash and Debris Removal - All resulting debris shall become the property of the Contractor, and disposed of outside the project limits at the Contractor's expense.

G. Wrecking Permit the contractor shall be responsible for closing out the wrecking permit when the restroom building demolition is completed.

Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in completing the Demolition as shown on the plans, as specified in these Special Provisions, and as directed by the Inspector.

Item No. 6 - Portable Restrooms and Sink
This item shall consist of furnishing and provide Portable Restrooms and Sink as shown on the plans in conformance with these Special Provisions.

A. Portable Restrooms and Sink – Contractor shall provide one standard portable restroom, one ADA portable restroom and one hand washing sink. The items shall be open to the public throughout the construction project and until the City accepts the new restroom and the Building Permits are finalized. These items shall be services and cleaned at least twice a week.

Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work Robertson Park Restroom Specifications Revised 5/23/23

involved in completing the Portable Restrooms and Sink as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 7 – Building Pad
This item shall consist of constructing an engineered fill base based on the recommendations of the geotechnical report (attached) and plans from Public Restroom Company.

A. AB Base fill shall be installed in lifts not exceeding 8” and compacted to at least 90% based on the ASTM D 1557 test method. The upper 6” of subgrade in paved areas shall be increased to a minimum of 95% of relative compaction.

B. Sand shall be installed by contractor per Public Restroom Company drawings. 2” bed (Course Mason) Sand.

C. Marking Building Location – Once the pad is ready for the restroom building the contractor shall stake out the location of the building as required by public restroom company.

Payment shall be at the lump sum price bid and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in Building Pad as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.

Item No. 8 –Restroom Building
This item shall consist of installing a Restroom Building as shown on the plans and as specified in these Special Provisions and per the manufacturer’s specifications.

A. Description of Work – Work of this Section includes all materials and labor required in the placement and installation of the Restroom Building, per the attached plans, specifications, and related site improvements. Work will include: site preparation, excavations for structures, structural backfill, foundation and pad construction, water, sewer and electrical connections.

Restroom Building shall be purchased by the City and will be delivered to the project site. The Contractor is responsible for all coordination with the prefabricated restroom building supplier including on-site delivery coordination of the restroom building to the project site.

The general contractor’s responsibility is to construct a site building pad, bring utilities to a predetermined location nominally 5 feet from the footprint of the prefabricated building, and connect the utilities once the prefabricated building supplier has completed installation. The requirements of the contractor are to provide the pad, location corners for the structure, an elevation for the finished floor, points of connection for utilities, and clear access to the final pad site.

Contractor shall coordinate with building supplier to provide full access for a tractor Robertson Park Restroom Specifications Revised 5/23/23

trailer and crane to the final building site; hook up of all utilities, and preparation of the building pad. The required access to the site shall be 14’ in width by 16’ in height, and a length of up to 70’ to allow the delivery tractor trailer to reach the pad site.

The prefabricated building supplier will provide the general contractor with State of California Department of Housing stamped plans suitable for permitting and when the building is delivered the structure will be required to show the insignia installed by DOH before placement of the building. The general contractor is responsible for inspecting the site prior to bidding to insure no unanticipated soil, access, or environmental site issues are present.

B. Building Permit – The City of Sacramento Department of Youth, Parks and Community Enrichment (YPCE) has processed this project through the City of Sacramento Community Development Department and obtained plan approval for the issuance of commercial building permit. The approved plans must remain on site at all times during construction. Upon substantial completion of the project, the Contractor shall return the approved plan set to the City of Sacramento, YPCE, Landscape Architecture Section, 915 I St. 3 rd Floor Sacramento, CA 95814.

The contractor is responsible for coordinating all necessary City Building Department inspections as well as any special inspections required by the permit(s); and be responsible for finalizing / closing out the building permit(s) with the City Building Department. The contractor is responsible for obtaining all required signatures including the final inspection signature to finalize the Building Department permit. On or before the date of the final observation, the Contractor shall provide the finalized Building Department permit to the City Landscape Architect.

If the Contractor fails to allow for the required building permit and special inspections of the work, the Contractor shall be liable for the cost to remove and reconstruct work to allow for the required inspections and for the issuance of the final building permit.

THE PROPOSED RESTROOM BUILDING SHALL BE AS SPECIFIED BELOW C. Code and Compliance and Standards

1. Uniform Building Code (UBC) – Latest Edition

2. National Electrical Code (NEC) – Latest Edition

3. Uniform Plumbing Code (UPC) – Latest Edition

4. Uniform Federal Accessibility Standards (UFAS) – Latest Edition D. Connection to Utilities: Contractor shall provide final hook up of the water shall be to the building manufacturer’s curb box. Final connection of the sewer shall be to the building manufacturer’s 4” waste connection at a nominal depth of 24”. Final connection to the electrical shall be through the building manufacturer’s installed electrical conduit which sleeves into the building from the point of connection Christi ground box up to the panel for the General to final connect the service to the panel lugs in the panel furnished inside the building.

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E. Floor/ Foundation: The foundation shall be a pre-cast mat slab, nominally 8”. The building floor (mat slab) shall be unitized, structurally designed to withstand the stress of crane lifting and tractor-trailer transportation without cracking. The floor slab shall be established by the manufacturer's engineer. The floor system when complete shall be technically waterproof and urine proof for the life of the foundation/slab, without further treatment. The floor shall be finished with a nonslip light broom finish. The entire building system shall be designed for future relocatability intact and have built in lifting hardware. The system shall be designed to be placed upon a site prepared building pad suitable for 1000 pounds bearing capacity and the owner shall certify that the soils will support this loading.

F. INSTALLATION
A. Scope of Work
Work specified under this Section relates to the placement of the Public Restroom Company unit on prepared foundation constructed by the City’s contractor.

B. Materials
Bedding material to be a leveling course of coarse mason sand and compacted aggregate base provided and set level by the Contractor.

C. Location
It’s the responsibility of the contractor to:

1. Provide exact location by stakes or other approved method.

2. Provide clear and level site free of overhead and/or underground obstructions.

3. Provide access to the site for truck delivery and sufficient area for the crane to install and the equipment to perform the contract requirements.

4. Water, electrical and sewage site connections to be placed per Public Restroom Company drawings. Must be placed to easily connect to the building.

D. Access to Site
Delivery to site made on normal highway trucks and trailers. If at the time of delivery conditions of access are hazardous or unsuitable for truck and equipment due to weather, physical constraints, roadway width or grade, Public Restroom Company may require an alternate site with better access provided to ensure a safe and quality installation. In any such case, additional costs for cranes, trucking, and etc. will be charged to the account of the customer. To prevent damage to existing walkways, utilities, irrigation and landscaping the contractor shall install trench plates to prevent damage to these items. If the contractor does not use trench plates or trench plate are not installed in an area where construction activities occur then all items damaged by the installation of the new restroom shall be removed and replaced at no additional cost to the City.

Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in completing installation of the Restroom/Concession Building as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.

Item No. 9 – Aggregate Base
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This item shall consist of furnishing and installing aggregate base (AB) under the concrete paving as shown on the plans in conformance with Section 10, and 17 of the Standard Specifications and these Special Provisions.

A. Aggregate Base shall be Class II, per Section 26 of the State Standard Specifications.

B. Recycled Aggregate Base will be allowed and must conform to the requirements of Section 26 of the State Specifications and tested prior to arrival at the site to verify that it meets the requirements of Class II Aggregate base.

C. Aggregate Base Under Rubber Surfacing – For bidding purposes the contractor shall anticipate installing an 1-1/2” of AB under new rubber surfacing.

Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in providing and completing the Aggregate Base to Place under Concrete Flatwork as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.

Item No. 10 – Concrete Flatwork
This item shall consist of furnishing and constructing Concrete Flatwork as shown on the plans in conformance with Sections 10, 19, 24, and 38 of the Standard Specifications and as amended by these Special Provisions.

A. Portland Cement Concrete shall be Type II, Class “C”, conforming to Section 10-5 of the Standard Specifications.

B. Expansion & Score Joints shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints and score joints shall be located where indicated on the plans and edged to a three-eighths inch (3/8") radius
C. Finish shall conform to Section 24-7 of the Standard Specifications with the following exception: the concrete shall be broomed perpendicular to the sidewalk edge with a medium finish.

D. Reinforcement shall be intermediate grade and deformed in conformance with “deformed billet-steel bars for concrete reinforcement” (ASTM Designation A615) and with Section 21 of the Standard Specifications. Rebar shall be as shown on the plans.

Payment shall be at the lump sum price bid, and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in constructing Concrete Flatwork to Place as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.

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Item No. 11 – Sanitary Sewer Line
This item shall consist of furnishing and placing Sanitary Sewer Line complete with cleanouts as shown on the plans in conformity with Sections 10 and 26 of the Standard Specifications and with these Special Provisions.

A. PVC Gravity Drain Pipe and fittings shall conform to section 10 of the Standard Specifications.

B. Trench Backfill shall conform to Drawing T-80 of the Standard Specifications.

C. Clean Outs shall be installed as shown on the plans.

Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in providing and completing the Sanitary Sewer Line as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 12 – Domestic Water Line
This item shall consist of furnishing and installing a Potable Water liner as shown on the plans, in conformance with Sections 10, 13, 14, 17, 27 and 38 of the Standard Specifications and these Special Provisions.

A. Supply Line shall be Schedule 40, solvent weld and shall be installed in conformance with Section 10, 17, 24 and 38 of the Standard Specifications.

Supply line within 5’ of the new restroom building shall be type “K” copper water line as required by Public Restroom Company.

B. Shut-off Valve shall be a gate valve as specified in Section 27-7 and 38 of the Standard Specifications.

C. Backflow Prevention Assembly shall be existing.

A. Gate Valve shall be lead free and installed in the water supply line in concrete valve boxes with locking tops. Gate valves shall be handwheel operated, size as shown on the plans.

Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in completing the Potable Water Line, Tap, Meter and Backflow Preventer as shown on plans, as specified in these Special Provisions and as directed by the Inspector.
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Item No. 13 – Electrical
This item shall consist of furnishing, installing and testing the electrical, as shown on the plans in conformance with section 34 and 38 of the Standard Specifications and these Special Provisions.

A. Concrete Pads shall be installed as shown on the plans in conformance with sections 10, 19, and 24 of the Standard Specifications and with these Specials Provision.

B. Electrical Incidental Parts which are not shown on the plans or specified herein and which are necessary to complete the restroom electrical shall be furnished and installed as through such parts were shown on the plans or specified herein.

Restroom building is a prefabricated restroom building.

C. Metered Service Pedestal shall be existing
Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved completing the Electrical System as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 14 – Turf Sod
This item shall consist of preparing and planting lawn sod in conformance with Sections 10 and 35 of the Standard Specifications and as amended by these Special Provisions.

A. Preparing of Planting Areas, Section 35-5 of the Standard Specifications shall be amended as follows: Soil shall be cultivated until the condition of the soil is loose and fine-textured to a depth of four inches (4"). Finish grade of all planting areas shall be reviewed and approved by the Landscape Architect before proceeding with planting.

Soil in lawn areas adjacent to curbs or paved areas shall be graded so that after settlement, the soil will be one half inches (1/2") below the top of curb or paving.

B. Weed Control shall conform to Section 35-6 of the Standard Specifications.

C. Soil Preparation Materials shall conform to Section 10-39, 10-40, 10-41, 35-8 of the Standard Specifications.

1. Soil Conditioner/Fertilizer shall be Tri-C 6-2-4 w/ 5% Sulfur, or approved equal. Soil conditioner shall contain 6-2-4 (NPK ratio) and 20% humic acids, and shall be applied at the rate of 70 lbs. per 1,000 square feet. Soil conditioner shall be cultivated into the top six inches (6") of the soil and thoroughly watered in. Contractor shall provide proof of soil conditioner application to the Project Construction Inspector. For supplier call 1-800- 927-3311 or (909) 590-1790.

2. Organic Amendment shall be nitrogen treated fir bark with the following properties:

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Physical Properties: 95% - 100% passing, sieve size 6.35 mm (1/4” inch), 80% - 100% passing, sieve size 2.38 mm (No. 8, 8
mesh), and 0% - 30% passing, sieve size 500 micron
(No. 35,32 mesh).

Chemical Properties: Nitrogen Content (dry weight basis) – 0.4-0.6% iron content – minimum 0.08% dilute acid soluble Fe on
dry weight basis, soluble salts – maximum 3.5
milliohms / centimeter @ 25 degrees C. as
determined by saturation extract method; ash – 0 –

6.0%
D. Amendment shall be uniformly distributed throughout all irrigated planted areas and incorporated to a homogenously blended depth of six inches. Application rate shall be 3 cubic yards per 1,000 square foot.

E. Turf Sodding shall conform to Section 10-42, and applicable paragraphs of Section 35-12 of the Standard Specifications and these Special Provisions.

1. Turf Sodding shall consist of 90% Dwarf Fescue mix, and 10% Dwarf Kentucky Bluegrass.

F. Turf Starter Fertilizer shall be applied at the rate of ten (10) lbs. per 1,000 square.

Starter fertilizer shall conform to the requirements of the California Food and Agricultural Code A.

Payment shall be at the lump sum price bid, and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in completing Lawn Sodding as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 15 - Landscape Maintenance (30 days)
This item shall consist of maintaining the landscape planted areas installed in this contract as shown on the plans in conformance with Sections 35-15 through 35-18 of the Standard Specifications and as amended by these Special Provisions.

A. Start of Maintenance Period shall conform to Section 35-15 of the Standard Specifications. As amended by the following: The start of the Maintenance period will not start until SUBSTANTIAL COMPLETION (refer to sections 1- 45 and 8-4 of the 2007 City Standard Specifications) of the entire project has been determined by the City landscape architect.

B. Watering shall conform to Section 35-13 of the Standard Specifications and these Special Provisions.

C. Plant Replacement shall conform to Sections 35-14 of the Standard Specifications.

D. Plant Establishment period or Landscape Maintenance Period shall conform to Section 35-16 of the Standard Specifications and be amended as follows: The Landscape Maintenance Period shall be thirty (30) calendar days and shall begin Robertson Park Restroom Specifications Revised 5/23/23

on the date of the Start of Maintenance Period. Plant Establishment and Landscape Maintenance shall continue until final acceptance of the work.

E. Lawn Maintenance shall conform to Section 35-16 of the Standard Specifications.

When the lawn reaches three inches (3") in height, the Contractor shall mow it to a height of one and one-half inches (1-1/2"). The lawn shall be mowed thereafter on a weekly basis to a height of one and one-half inches (1-1/2"). Lawn growing around trees, light poles, fences, and other obstacles shall be maintained at a height equal to that of the adjacent lawn areas, or may be chemically controlled with the approval of the Landscape Architect. Catching of lawn clippings shall not be required. Following a minimum of three (3) mowings the Contractor shall be required to treat the lawn with a selective broadleaf and grass weed herbicide that will not harm the lawn. The Contractor shall conform to Section 35-6 of the Standard Specifications for application of herbicides.

1. Lawn Fertilizer (2nd Application): One week prior to the final inspection the Contractor shall apply to all lawn areas a second application of fertilizer with a 16-6-8, N-P-K analysis, at six (6) pounds per 1,000 square feet.

F. Pre-Final Inspection shall conform to Section 35-17 of the Standard Specifications and be amended as follows: Seven (7) weeks prior to the end of Maintenance Period, the Inspector and the Landscape Architect shall conduct a pre-final inspection. At the pre-final inspection or at anytime thereafter, should the Inspector determine that the project meets the requirements of the final acceptance of the work, he may issue final acceptance of the project to the Contractor.

G. Final Inspection shall conform to Section 35-18 of the Standard Specifications. At the time of final acceptance of the work, any square yard of the planted areas shall be ninety percent (90%) weed free and in a neatly mowed condition, as determined by the Inspector.

Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in completing the Landscape Maintenance (30 days) as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

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Additive Alternate Items
A1 - Item No. A1 – Sanitary Sewer Line & Associated Items This item shall consist of furnishing and placing Sanitary Sewer Line complete with cleanouts as shown on the plans in conformity with Sections 10 and 26 of the Standard Specifications and with these Special Provisions.

A. PVC Gravity Drain Pipe and fittings shall conform to section 10 of the Standard Specifications.

B. Trench Backfill shall conform to Drawing T-80 of the Standard Specifications.

C. Clean Outs shall be installed as shown on the plans.

D. Connection to existing manhole the contractor shall be responsible for the installation of the new sewer line into the existing manhole. The installation of the manhole shall be coordinated with the City’s Department of Utilities.

Aggregate Base
This item shall consist of furnishing and installing aggregate base (AB) under the concrete paving as shown on the plans in conformance with Section 10, and 17 of the Standard Specifications and these Special Provisions.

D. Aggregate Base shall be Class II, per Section 26 of the State Standard Specifications.

E. Recycled Aggregate Base will be allowed and must conform to the requirements of Section 26 of the State Specifications and tested prior to arrival at the site to verify that it meets the requirements of Class II Aggregate base.

F. Aggregate Base Under Rubber Surfacing – For bidding purposes the contractor shall anticipate installing an 1-1/2” of AB under new rubber surfacing.

Concrete Flatwork
This item shall consist of furnishing and constructing Concrete Flatwork as shown on the plans in conformance with Sections 10, 19, 24, and 38 of the Standard Specifications and as amended by these Special Provisions.

G. Portland Cement Concrete shall be Type II, Class “C”, conforming to Section 10-5 of the Standard Specifications.

H. Expansion & Score Joints shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints and score joints shall be located where indicated on the plans and edged to a three-eighths inch (3/8") radius
Robertson Park Restroom Specifications Revised 5/23/23

I. Finish shall conform to Section 24-7 of the Standard Specifications with the following exception: the concrete shall be broomed perpendicular to the sidewalk edge with a medium finish.

J. Reinforcement shall be intermediate grade and deformed in conformance with “deformed billet-steel bars for concrete reinforcement” (ASTM Designation A615) and with Section 21 of the Standard Specifications. Rebar shall be as shown on the plans.

Asphaltic Concrete Pavement
This item shall consist of furnishing and installing three inches (3”) of asphaltic concrete as shown on plans in conformance with Section 10, 22 and 23 of the Standard Specifications and these Special Provisions and Section 39 of the State Standard Specifications.

K. Asphalt Concrete shall be Type B (medium) and shall conform to Section 22 of the Standard Specifications and Section 39 of the State Standard Specifications.

L. Tack Coat shall be applied and shall be conform to Section 22-7 of the Standard Specifications.

M. Asphalt Binder shall be PG64-10 or PR64-16 and shall conform to Section 39 of the State Standard Specifications.

N. Flood Test: The asphalt pavement should be flooded to check for surface drainage, low areas, high areas greater than 1/8” tolerance. Out of tolerance areas should be repaired, filled to grade or re-installed.

O. Asphalt Sealcoat shall be an application of Asphalt Emulsion and shall comply with Section 23-3, 23-6 and 23-7 of the City Standard Specifications. Asphalt Seatcoat may be Raynguard “Steelguard” asphalt pavement sealer or approved equal.

Turf Sod
This item shall consist of preparing and planting lawn sod in conformance with Sections 10 and 35 of the Standard Specifications and as amended by these Special Provisions.

A. Preparing of Planting Areas, Section 35-5 of the Standard Specifications shall be amended as follows: Soil shall be cultivated until the condition of the soil is loose and fine-textured to a depth of four inches (4"). Finish grade of all planting areas shall be reviewed and approved by the Landscape Architect before proceeding with planting.

Soil in lawn areas adjacent to curbs or paved areas shall be graded so that after settlement, the soil will be one half inches (1/2") below the top of curb or paving.

B. Weed Control shall conform to Section 35-6 of the Standard Specifications.

Robertson Park Restroom Specifications Revised 5/23/23

C. Soil Preparation Materials shall conform to Section 10-39, 10-40, 10-41, 35-8 of the Standard Specifications.

1. Soil Conditioner/Fertilizer shall be Tri-C 6-2-4 w/ 5% Sulfur, or approved equal. Soil conditioner shall contain 6-2-4 (NPK ratio) and 20% humic acids, and shall be applied at the rate of 70 lbs. per 1,000 square feet. Soil conditioner shall be cultivated into the top six inches (6") of the soil and thoroughly watered in. Contractor shall provide proof of soil conditioner application to the Project Construction Inspector. For supplier call 1-800- 927-3311 or (909) 590-1790.

2. Organic Amendment shall be nitrogen treated fir bark with the following properties:

Physical Properties: 95% - 100% passing, sieve size 6.35 mm (1/4” inch), 80% - 100% passing, sieve size 2.38 mm (No. 8, 8
mesh), and 0% - 30% passing, sieve size 500 micron
(No. 35,32 mesh).

Chemical Properties: Nitrogen Content (dry weight basis) – 0.4-0.6% iron content – minimum 0.08% dilute acid soluble Fe on
dry weight basis, soluble salts – maximum 3.5
milliohms / centimeter @ 25 degrees C. as
determined by saturation extract method; ash – 0 –

6.0%
D. Amendment shall be uniformly distributed throughout all irrigated planted areas and incorporated to a homogenously blended depth of six inches. Application rate shall be 3 cubic yards per 1,000 square foot.

E. Turf Sodding shall conform to Section 10-42, and applicable paragraphs of Section 35-12 of the Standard Specifications and these Special Provisions. a. Turf Sodding shall consist of 90% Dwarf Fescue mix, and 10% Dwarf Kentucky Bluegrass.
b. Turf Starter Fertilizer shall be applied at the rate of ten (10) lbs. per 1,000 square. Starter fertilizer shall conform to the requirements of the California Food and Agricultural Code A.

Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in providing and completing the Sanitary Sewer Line and Associated Items as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Report cover page
Geotechnical Engineering Report

ROBERTSON PARK RESTROOM

REPLACEMENT
3525 Norwood Avenue
Sacramento, California
MPE No. 03806-02
April 8, 2022
Report cover letter to sign
Mr. Jeff Nittka April 8, 2022
City of Sacramento Parks and Recreation
915 I Street, 3Rd Floor NCH
Sacramento, California 95814
Phone: (916) 808-1923
Geotechnical Engineering Report

ROBERTSON PARK RESTROOM REPLACEMENT
3525 Norwood Avenue
Sacramento, California
MPE No. 03806-02
Dear Mr. Nittka:

Attached herewith is the Geotechnical Engineering Report for the Robertson Park Restroom Replacement located at the 3525 Norwood Avenue, Sacramento, California.

This report was based upon a scope of services generally outlined in MPE Proposal No. 22- 0061, dated February 22, 2022, and other written and verbal communications.

We appreciate this opportunity to provide Geologic and Geotechnical Engineering services for this project. If you have questions or comments concerning this report, please contact this firm at your convenience.

Respectfully submitted,
Mid Pacific Engineering, Inc.

Fred Yi, Ph.D., P.E., G.E., F. ASCE
Principal Engineer Table of contents
Geotechnical Engineering Report
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TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................................................1 Scope of Services ......................................................................................................................................1 Figures and Attachments..........................................................................................................................2 Proposed Development ............................................................................................................................ 2 FINDINGS ................................................................................................................................................................. 3 Site Description ......................................................................................................................................... 3 Site History ................................................................................................................................................4 Site Geology ............................................................................................................................................... 4 Subsurface Soil Conditions ....................................................................................................................... 4 Groundwater ............................................................................................................................................. 5 CONCLUSIONS ......................................................................................................................................................... 5 General ..................................................................................................................................................... 5 Seismic Site Class ....................................................................................................................................... 5 Seismic Design Parameters ....................................................................................................................... 6 Liquefaction Potential ............................................................................................................................... 7 Expansive Soils .......................................................................................................................................... 8 Foundation Support .................................................................................................................................. 8 Suitability of On-site Soils for Use as Fill .................................................................................................. 8 Excavation Conditions ............................................................................................................................... 9 Soil Corrosion Potential ............................................................................................................................9 Effect of Groundwater and Seasonal Water on Site Development ........................................................ 11 RECOMMENDATIONS ............................................................................................................................................. 12 Site Clearing ............................................................................................................................................... 12 Site Preparation ......................................................................................................................................... 14 Engineered Fill Construction ..................................................................................................................... 16 Utility Trench Backfill ................................................................................................................................ 17 Foundation Design .................................................................................................................................... 17 Floor Slab Moisture Penetration Resistance............................................................................................ 19 Exterior Flatwork (Non-Pavement Areas) ................................................................................................ 20 Site Drainage ............................................................................................................................................. 21 Construction Testing and Observation .................................................................................................... 21 LIMITATIONS ........................................................................................................................................................... 22 CLOSURE .................................................................................................................................................................. 23 Geotechnical Engineering Report Page 2
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FIGURES
Vicinity Map ......................................................................................................................................... Figure 1 Site Plan ............................................................................................................................................... Figure 2 Logs of Hand Auger Borings ............................................................................................................... Figure 3 Unified Soil Classification System ...................................................................................................... Figure 4 APPENDIX A – General Project Information, Field and Laboratory Test Results Expansion Index Test Results ........................................................................................................... Figure A1 Unconfined Compression Test Results ........................................................................................... Figure A2 APPENDIX B – Guide Earthwork Specifications
Geotechnical Engineering Report

ROBERTSON PARK RESTROOM REPLACEMENT
3525 Norwood Avenue
Sacramento, California
MPE No. 03806-02
April 8, 2022

INTRODUCTION
Mid Pacific Engineering, Inc. (MPE) has completed a Geotechnical Engineering study for the site of the proposed Robertson Park Restroom Replacement project located at 3525 Norwood Avenue in the City of Sacramento, California. The purposes of this study have been to explore and evaluate the Geotechnical Engineering conditions at the subject site, including subsurface soil and groundwater conditions, and to provide appropriate Geotechnical Engineering recommendations for the design and construction of the proposed project.

Our work has been performed in general accordance with the scope of work included in our proposal to City of Sacramento Parks and Recreation, dated February 22, 2022. The findings of our study, together with our conclusions and recommendations, are presented in this report.

SCOPE OF SERVICES
Our scope of services provided during this Geotechnical investigation included the following:

1. Site reconnaissance;

2. Review of available historic aerial photographs, geologic maps, topographic maps and groundwater information of the area;

3. Subsurface exploration, including the advancement and sampling of four hand auger test borings to a maximum depth of approximately 5 feet below the existing ground surface (bgs);
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4. Collection of bulk and undisturbed samples of near-surface soils;

5. Laboratory testing of selected soil samples;

6. Engineering analyses; and,

7. Preparation of this report.

Supplemental information used in the preparation of this report includes review of the Request for Proposal for Geotechnical Services for Robertson Park Restroom Replacement document, dated February 8, 2022, provided by The City of Sacramento Parks and Recreation.

FIGURES AND ATTACHMENTS
Following figures and attachments are included in this report.

Figure 1 – Vicinity Map.

Figure 2 – Site Plan.

Figure 3 – Logs of hand auger borings.

Figure 4 – Unified Soil Classification System
Appended to this report are:

Appendix A – General information regarding project concepts; exploratory methods used during our field investigation; and, laboratory test results not included on the boring logs.

Appendix B – Guide Earthwork Specifications that may be used in the preparation of contract documents.

PROPOSED DEVELOPMENT
Based on our review of the Request for Proposal for Geotechnical Services for Robertson Park Restroom Replacement, we understand the project will include the removal of the existing restroom building and replacing it with a prefabricated 21-foot-4 inch by 10-foot-8 inch, threestall ACC/family/unisex restroom building, to be manufactured by Public Restroom Company.

Associated development will likely include construction of exterior concrete flatwork, underground utilities, and typical landscaping. It is our understanding that the proposed Geotechnical Engineering Report Page 3
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prefabricated restroom structure replacement will be supported on a foundation consisting of a mat slab.

FINDINGS

SITE DESCRIPTION
Robertson Park is located at 3525 Norwood Avenue in Sacramento, California. The existing park site encompasses a total area of approximately 14 acres and is divided into the undeveloped northern section and the existing Robertson Park facility as the southern portion. The park area is bounded by vacant lots and residences to the north; by Norwood Avenue to the east; by Silver Eagle Road to the south; and, by a rural residence lot to the west. The proposed restroom is located approximately the middle of northern of the park.

The center of the site is located at approximately latitude 38.6313° north and longitude 121.4588° west. Topography across the property is relatively flat with an average surface elevation of approximately +35 feet relative to mean sea level (msl), based on review of the 1992 United States Geological Survey (USGS) 7.5 Minute Series Topographic Rio Linda Quadrangle. At the time of our investigation on March 18, 2022, the area of the proposed improvement supported the existing restroom structure rounded with exterior concrete flatwork. To the north and east of the existing restroom structure were shaded children’s play areas beyond which was a picnic area covered by an irrigated grass lawn. Mature trees were observed all around the near vicinity of the existing restroom structure. Poles for lighting were observed running close to the southern boundary of the existing restroom structure.

The southern portion of the site contains the existing Robertson Park primarily made up of a grass soccer field/baseball diamond combination. The park includes a community center, paved sections for parking and pedestrians, tennis courts, and more picnic areas.

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SITE HISTORY
Site history information was confined to the review of Google Earth images taken from 1985 through 2022. With the existing restroom structure having been constructed around 1977, as indicated in the Request for Proposal for Geotechnical Services for Robertson Park Restroom Replacement document, the site of the proposed project has since remained relatively unchanged.

SITE GEOLOGY
The project site is located within the Great Valley geomorphic province of California. The geology of the Great Valley is typified by thick sequences of sedimentary materials of Jurassic through Holocene age. The Preliminary Geologic Map of the Sacramento 30’X60’ Quadrangle, California (2011) compiled by C.I. Gutierrez and published by the California Geological Survey (CGS), indicates the project site is underlain by sands, silts and gravel of the Pleistocene-age Riverbank Formation (Map Symbol: Qr1 – low unit). The soil conditions encountered in our borings were generally consistent with the soils typically mapped as the Riverbank formation.

SUBSURFACE SOIL CONDITIONS
The soil conditions encountered in our hand auger borings generally consisted of loose top soils consisting of grass/lawn-covered silty sand approximately ½-foot thick, underlain by medium dense silt with fine sand to depths of approximately 1 to 1½ feet bgs, followed by medium dense clayey silt to the maximum depth explored of approximately 5 feet bgs. The soils encountered in the top approximately 1 to 1½ feet below existing site grades at the explored locations were generally observed to contain some deleterious debris consisting of broken glass, pieces of electric wire, rusty nails etc.

For more detail regarding the soil conditions at a specific location, please refer to the Logs of Hand Auger Borings on Figure 3.

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Please note that subsurface conditions within the borings are representative of the soil conditions at the time of exploration and at the specific location. It should be expected that soil conditions across the site can and will vary laterally and vertically from the soils encountered during our investigation.

GROUNDWATER
Groundwater was not encountered in any of the hand auger borings advanced on March 18, 2022, to the maximum depth explored of approximately 5 feet bgs.

To supplement our groundwater information, we have reviewed groundwater elevation data obtained from a California Department of Water Resources (DWR) monitored well, identified as #386333N1214348W001, located approximately one mile east of the subject property. Surface elevation at the well is indicated to be about +45.5 feet msl. The DWR has periodically measured water elevations in this well from at least October 17, 1973, to November 8, 1995. The “lowest” measured groundwater elevation in the well occurred on November 18, 1988, at an elevation of approximately –51.0 feet msl (about 96.5 feet below existing grade at the well); the highest elevation occurred on March 8, 1974, at an approximate elevation of -11.7 feet msl (about 57.2 feet below existing grade at the well).

CONCLUSIONS

GENERAL
On the basis of our research and field and laboratory investigations, it is the opinion of this firm that construction of the proposed improvement is feasible from a geotechnical standpoint, provided the recommendations contained in this report are implemented during project design and construction.

SEISMIC SITE CLASS
The seismic design requirements for buildings and other structures are based on Seismic Design Category. Site Classification is required to determine the Seismic Design Category for Geotechnical Engineering Report Page 6
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a structure. The Site Classification is based on the upper 100 feet of the site profile defined by a weighted average value of either shear wave velocity, standard penetration resistance, or undrained shear strength in accordance with Section 20.4 of ASCE 7-16.

The Preliminary Geologic Map of the Sacramento 30’X60’ Quadrangle, California (2011) compiled by C.I. Gutierrez and published by the California Geological Survey (CGS), indicates the project site is underlain by sands, silts and gravel of the Pleistocene-age Riverbank Formation (Map Symbol: Qr1 – low unit). Based on review of A Site-Conditions Map for California Based on Geology and Shear-Wave Velocity (C.J. Wills, et al., December 2000), the Riverbank Lake formation in the Sacramento region has been identified as a material meeting Site Classification C.

It is our opinion, based on the geology of the site and the soil conditions encountered within our soil borings, that the soils at this site should be designated as Site Class C in determining seismic design forces for this project in accordance with Table 1613A.3.2 of the 2019 CBC.

SEISMIC DESIGN PARAMETERS
The 2019 CBC Seismic Design Parameters have been generated using the SEAOC/OSHPD Seismic Design Maps Tool (https://seismicmaps.org/). This web-based software application calculates seismic design parameters in accordance with ASCE 7-16 and 2019 CBC based on the site latitude and longitude and the seismic site class. For Seismic Site Classification is C, the seismic design parameters can be directly obtained from web toll and are summarized in the following table.

Table 1 - 2019 CBC/ASCE 7-16 Seismic Design Parameters
Description Value
Site Location Latitude: 38.6313° / Longitude: -121.4588° Site Classification C
Mapped MCER ground motion 1) SS =0.532 and S1 = 0.245
Site Coefficients Fa = 1.287 and Fv = 1.5
Site-modified spectral acceleration SMS = 0.685 and SM1 = 0.367 Numeric seismic design value SDS = 0.457 and SD1 = 0.245 Geotechnical Engineering Report Page 7
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Description Value
Site modified peak ground acceleration PGAM = 0.224 g
Mode de-aggregated Magnitude 2) 5.5
Closest Distance, rRup
2) 10.51 km
1) These values were obtained using on-line seismic design maps and tools recommended by the USGS (https://seismicmaps.org/) accessed at 4/1/2022.
2) This value was obtained using on-line Unified Hazard Tool by the USGS (https://earthquake.usgs.gov/hazards/interactive/) for return period of 2% in 50 years accessed at 4/1/2022.

LIQUEFACTION POTENTIAL
Liquefaction is a process in which strong ground shaking causes saturated soils to lose their strength and behave as a fluid. Ground failure associated with liquefaction can result in severe damage to structures. Soil types susceptible to liquefaction include sand, silty sand, sandy silt and silt, as well as soils having a plasticity index (PI) less than 7 (Boulanger and Idriss, 2006). Loose soils with a PI less than 12 and moisture content greater than 85 percent of the liquid limit are also susceptible to liquefaction (Bray and Sancio, 2006). For liquefiable soils, the geologic conditions for increased susceptibility to liquefaction are: 1) shallow groundwater (generally less than 50 feet in depth), 2) the presence of unconsolidated sandy alluvium, typically Holocene in age, and 3) strong ground shaking. All three of these conditions must be present for liquefaction to occur.

The project site is underlain by sands, silts and gravel of the Quaternary-age Riverbank Formation (Map Symbol: Qr). According to Whitter et al. (2006)1, the liquefaction potential of Riverbank formation is low. A full liquefaction analysis was beyond the scope of work.

However, based on the geologic formation, the soil types encountered in our borings and the absence of shallow groundwater, it is our opinion that liquefaction potential at this site is low. 1
Whitter, et al. (2006), Maps of Quaternary Deposits and Liquefaction Susceptibility in the Central San Francisco Bay Region, California, Final Technical Report, Open-File Report 2006-1037, USGS Geotechnical Engineering Report Page 8
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EXPANSIVE SOILS
The results of our subsurface exploration indicate on-site surface and near-surface soils have a very low expansion potential when tested in accordance with the ASTM D4829 test method (see Figure A1). Therefore, it is our opinion that no special mitigations for expansive soils will be required for development of this site.

FOUNDATION SUPPORT
The results of our work indicate the upper soils are variable with respect to composition, density and shear strength and contain some deleterious debris materials; therefore, we will recommend sub-excavation and recompaction of structural foundation areas. Additionally, demolition of the existing restroom structure and associated site clearing operations to remove the existing vegetation, grass, flatwork, utilities, rubble, and other deleterious debris will disturb the surface and near-surface soils creating loose and variable soil conditions. Disturbed areas will require additional processing and recompaction with engineered fill to provide uniform support of the planned improvements.

In our opinion, the recompacted native soils are capable of supporting the proposed structure and flatwork provided the further recommendations regarding site preparation and soils compaction presented in this report are followed. Our work also indicates that engineered fill, properly placed and compacted in accordance with the recommendations of this report, will be capable of supporting the proposed improvements.

Specific recommendations for sub-excavation, processing and recompaction are presented in the SITE PREPARATION section of this report.

SUITABILITY OF ON-SITE SOILS FOR USE AS FILL
The on-site soils are considered suitable for use as engineered fill provided the materials are free of roots, asphalt and concrete rubble, organic materials, other deleterious debris and are at a suitable moisture content to achieve the desired degree of compaction. Removal of roots, rubble and debris from on-site soils may require laborers handpicking the fill materials.

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EXCAVATION CONDITIONS
Excavations into the on-site soils and fills may expose variable conditions. Based on our field investigation and our experience in the area, the on-site soil should be excavatable with conventional earthmoving and trenching equipment typically used in the area under similar conditions. However, due to potential presence of cemented (“hardpan”) soils based on our overall previous experience in the area, excavations will be much slower and very difficult and require increased effort; although, special trenching and excavation equipment are not anticipated for this project.

Excavations likely will stand at a near-vertical inclination up to 5 feet for short periods of time, unless zones or pockets of clean cohesionless sands are encountered or the construction is performed during the rainy season.

Excavations deeper than five feet that will be entered by workers should be sloped and/or braced in accordance with current Cal/OSHA regulations. The contractor must provide an adequately constructed and braced shoring system in accordance with federal, state and local safety regulations for individuals working in an excavation that may expose them to the danger of moving ground. If material is stored or heavy equipment is operated near an excavation, stronger shoring would be needed to resist the extra pressure due to the superimposed loads.

Temporarily sloped excavations should be constructed no steeper than one and a half horizontal to one vertical (1½:1).

SOIL CORROSION POTENTIAL
One representative soil sample was submitted to Sunland Analytical to determine soil pH, minimum resistivity, chloride and sulfate concentrations to help evaluate potential for corrosive attack upon reinforced concrete and exposed buried metal. The results of the corrosivity testing are summarized in Table 2.

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Table 2 - Soil Corrosivity Testing
Analyte Test Method
Sample Identification
HA3 (1/2 -1½ ’)
Soil pH CA DOT 643 Modified 1) 6.85
Minimum Resistivity CA DOT 643 Modified 1) 2,950 -cm 2) Chloride CA DOT 417 3.6 ppm 3)
Sulfate CA DOT 422 0.1 ppm
1) = Small cell method
2) -cm = Ohm-centimeters
3) ppm = Parts per million
Reinforced Concrete Foundations
The California Department of Transportation Corrosion Technology Section, Office of Materials and Foundations, Corrosion Guidelines Version 3.0, March 2018, considers a site to be corrosive to foundation elements if one or more of the following conditions exists for the representative soil and/or water samples taken:
a minimum resistivity value for soil of less 1,100 ohm-cm Chloride concentration is 500 ppm or greater, sulfate concentration is 1500 ppm or greater, or
the pH is 5.5 or less.

Based on these criteria, the on-site soils are not considered corrosive to steel reinforcement properly embedded within Portland cement concrete for the samples tested.

Table 19.3.1.1 – Exposure Categories and Classes, American Concrete Institute (ACI) 318-19, Section 19.3, as referenced in Section 1904.1 of the 2019 CBC, indicates the severity of sulfate exposure for the samples tested is not a concern. Ordinary Type I-II Portland cement is considered suitable for use on this project, assuming a minimum concrete cover is maintained over the reinforcement.

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Underground Metallic Pipelines
According to Pierre R. Roberge22, the minimum resistivity values of the onsite soils are considered potentially "highly corrosive" to ferrous metals including ductile/cast iron, steel, and dielectric coated steel.

MPE does not practice corrosion engineering. Therefore, to further define the soil corrosion potential at the site, a competent corrosion engineer could be consulted to determine the need for cathodic protection or grounding systems.

EFFECT OF GROUNDWATER AND SEASONAL WATER ON SITE DEVELOPMENT A permanent groundwater table was not encountered in our field investigation and based on the proposed development and shallow depth of utilities, groundwater should not be a factor in the design or construction of the planned improvements The near-surface soils also may be in a near-saturated condition during and for a significant time following the rainy season. If grading operations are to proceed shortly after the rainy season, and before prolonged periods of warm dry weather, the near-surface soils may be at moisture contents where significant aeration or chemical-treatment may be required to dry the soils to a moisture content where the specified degree of compaction can be achieved.

Furthermore, soils located beneath existing slabs and flatwork, or within or adjacent to landscaped areas will likely be at elevated moisture contents regardless of the time of year of construction and require drying. Wet soils should be anticipated and considered in the construction schedule.

Seasonal moisture and landscape irrigation will result in high soil moisture contents below interior floor slabs throughout their lifetime. Moisture vapor penetration resistance should be a significant consideration in design and construction of interior floor slabs. 2 R. Roberge (2006), Corrosion Basics: An Introduction, 2nd Edition Geotechnical Engineering Report Page 12
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RECOMMENDATIONS
Based on existing site topography, we anticipate maximum excavations and fills on the order of one to two feet for development of the planned improvements. The recommendations contained in this report are based upon this assumption.

Grading plans were not available at the time we prepared this report; therefore, it is essential that our office review grading plans when they become available to verify the applicability of the recommendations of this report, or provide modified or revised recommendations, as needed. This is an essential requirement. Our office should also review foundation plans, and project specifications to verify compliance with the recommendations provided in this report or provide modified recommendations, as needed.

The recommendations presented below are appropriate for typical construction in the late spring through fall months. The on-site soils likely will be saturated by rainfall in the winter and spring months, and will not be compactable without drying by aeration or the addition of lime (or a similar product) to dry the soils. Should the construction schedule require work to continue during the wet months, additional recommendations should be provided by the Geotechnical Engineer retained to provide services during construction.

The contractor may need additional excavation, backfilling and reworking of areas that may contain remnants of pre-existing and former structures. We recommend construction bid documents contain a unit price (price per cubic yard) for additional excavation of disturbed soils, undocumented fills and/or exposed remnants and replacement with engineered fill.

We consider the undocumented fill encountered within the top approximately 1 to 1½ feet below existing site grades to be suspect with regards to structural support requiring removal and replacement with engineered fill.

SITE CLEARING
Initially, the site should be cleared of existing structures designated for removal, including but not limited to: foundations, slabs, concrete flatwork, utilities to be relocated or abandoned including all associated backfill, fences, trees, vegetation, landscaping, Geotechnical Engineering Report Page 13
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demolition debris, rubbish, rubble, and other deleterious materials. Where practical, site clearing operations should extend a minimum of five feet beyond the limits of the proposed structural areas of the site. Existing underground utilities located within the proposed building pad should be completely removed and/or rerouted as necessary. Removal of underground utilities also should include all associated trench backfill. Utilities located outside of the building area should be properly abandoned (i.e., fully grouted provided the abandoned utility is situated at least 2½ feet below the final subgrade level to reduce the potential for localized “hard spots”). Tree removal should include the rootball and roots larger than ½” in diameter. Adequate removal of roots, rubble or debris may require laborers and handpicking to clear the subgrade soils to the satisfaction of our representative, prior to further site preparation. Demolition debris should be hauled off site.

The contractor should anticipate additional excavation, backfilling and reworking of the areas containing existing or former structures. We recommend construction bid documents contain a unit price (price per cubic yard) for additional excavation of unsuitable materials and replacement with engineered fill.

Following site clearing operations, construction areas should be stripped of surface vegetation and organically contaminated topsoil and disposed of off-site.

Our review of available literature and historical photographs provide a limited site history.

Therefore, unknown buried structures (foundations, basements, utility lines, etc.) may be present on-site and may be encountered during the construction. If encountered, these structures should be removed and the resulting cavities or holes should be backfilled with properly moisture conditioned and compacted engineered fill as described in this report.

Use of concrete rubble in engineered fill construction is acceptable from a Geotechnical perspective; however, the final decision where such materials can be used should be made by the Owner based on expectations and future uses. If concrete rubble is approved for use in engineered fill, it should be pulverized to a maximum particle size of three inches and blended with native, or imported, soils to create a compactable mixture.

Additional potholing should be performed in coordination with our office to explore areas of former remnants requiring additional excavation and recompaction. All exposed remnants Geotechnical Engineering Report Page 14
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including old backfills should be completely removed and properly backfilled with engineered fill.

Soils beneath existing concrete flatwork, landscaped areas, irrigated fields, and those overlying cemented soil layers may be at an elevated moisture content regardless of the time of construction and may require a significant amount of drying and/or chemical treatment to achieve the required relative compaction. Excavations resulting from the clearing operations should be cleaned out to expose firm, undisturbed soil and the excavations properly backfilled in accordance with the recommendations of this report. During grading operations, the exposed subgrades should be evaluated by our representative. Any other loose, disturbed, soft or otherwise unstable materials should be removed to expose a firm base for the support of the fill needed to restore the areas back to the required grades.

It is very important that our representative be present during clearing and grading operations to verify adequate removal of existing structures, trees, and debris. If clearing and removal of structures takes place without our direct observation, additional overexcavation of the areas will be required. It is important that excavations resulting from clearing operations be left as shallow, dish-shaped depressions for proper location and to allow proper access with compaction equipment during grading operations.

SITE PREPARATION
Following site clearing operations, the exposed subgrade soils within all structural areas, whether left at existing grade, achieved by excavation, or to receive fill, should be scarified to a depth of at least six inches, uniformly moisture conditioned to at least the optimum moisture content, and compacted to at least 90 percent of the maximum dry density determined by the ASTM D1557 test method. Deeper scarification may be needed depending exposed soil conditions. Subgrade preparation and compaction should extend at least five feet beyond the proposed structure lines, or as required by the Geotechnical Engineer based on the exposed soil and site conditions.

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MPE No. 03806-02
April 8, 2022
Compaction of the existing grade must be performed in the presence of the Geotechnical Engineer, or their representative, who will evaluate the performance of the subgrade under compactive loads and identify any loose or unstable soil conditions that could require additional excavation. If unstable areas are exposed during compaction operations, those areas experiencing instability should be removed to a firm base and backfilled with engineered fill. Compaction should be achieved using a heavy, self-propelled, sheepsfoot compactor.

Difficulty in achieving subgrade compaction or unusual soil instability may be indications of loose fills or backfill associated with past subsurface items such as cisterns, burn pits, dump pits or utility lines. Should these conditions exist, the materials should be excavated to check for subsurface structures and the excavations backfilled with engineered fill. We recommend construction bid documents contain a unit price (price per cubic yard) for all excess excavation due to unsuitable materials and replacement with engineered fill.

Sub-Excavation
It is very important that our representative be present during grading operations to verify adequate removal of remaining rubble and debris as well as existing undocumented fills and determine the need for additional sub-excavation based on exposed conditions. Subexcavations deeper than the recommended minimum depths may be needed to fully expose firm and stable, undisturbed native soils.

The results of our work indicate the upper soils are variable with respect to composition, density and shear strength; therefore, we are recommending sub-excavation of structural foundation areas and placement of 12 inches of Class 2 aggregate base (AB) for support of mat foundations and slabs-on-grade. All structural areas designated to receive fill, remain atgrade, or achieved by excavation, should be sub-excavated to remove and replace the upper 12 inches of soil with AB, thoroughly moisture conditioned to at least two percent above the optimum moisture content, and uniformly compacted to not less than 95 percent of the ASTM D1557 maximum dry density. Prior to placing the AB, the exposed subgrade soils should be scarified to a depth of at least six inches, uniformly moisture conditioned to at least the optimum moisture content, and compacted to at least 90 percent of the maximum dry density determined by the ASTM D1557 test method. Thorough and uniform compaction Geotechnical Engineering Report Page 16
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April 8, 2022
of the existing soils is crucial to support of the planned structures; therefore, full time observation and testing by the Geotechnical Engineer’s representative is recommended during grading.

ENGINEERED FILL CONSTRUCTION
Engineered fill should be placed in horizontal lifts not exceeding six inches in compacted thickness. Each layer should be thoroughly moisture conditioned to at least the optimum moisture content and uniformly compacted to at least 90 percent of the maximum dry density, as defined above. Fill materials should be uniformly and thoroughly moisture conditioned to the full depth of each lift. Compactive effort should be applied uniformly across the full width of the fill. Engineered fills should be properly benched into excavation side slopes to remove loose soils and promote uniformity of fill construction and support.

On-site soils are considered suitable for use in engineered fill construction, if free of rubble, rubbish, or concentrations of organics and are at a compactable moisture content.

Imported fill materials, if required, should be granular with a Plasticity Index of 15 or less; Expansion Index of 20 or less; and, free of particles greater than three inches in maximum dimension. Imported soils should be free of contamination with proper documentation to be provided by the Contractor to the Owner and Owner’s environmental consultant. Imported soils should be approved by the Geotechnical Engineer office prior to being transported to the site.

The upper 12 inches of final structural pad subgrades should consist of Class 2 AB and be brought to at least the optimum moisture content and uniformly compacted to not less than 95 percent of the maximum dry density. Other subgrades not supporting structures or flatwork should be compacted to at least 90 percent relative compaction.

Site preparation should be accomplished in accordance with the recommendations of this section and appended Guide Earthwork Specifications. A representative of the Geotechnical Engineer must be present during site preparation and grading operations to observe and test the fill to verify compliance with the recommendations of this report.

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MPE No. 03806-02
April 8, 2022

UTILITY TRENCH BACKFILL
We recommend only native soils (in lieu of select sand backfill) be used as backfill for utility trenches located within building footprints and extend at least five feet beyond to perimeter foundations to minimize water transmission beneath the structures. Trench backfill should be thoroughly moisture conditioned to at least the optimum moisture content and mechanically compacted to 90 percent of the ASTM D1557 maximum dry density. The upper six inches of trench backfill within pavement subgrades should be compacted to at least 95 percent of the ASTM D1557 maximum dry density. For uniform support, the upper 12 inches of trench backfill within the building perimeters should be backfilled with material matching the upper 12 inches of building subgrade material (i.e., Class 2 AB).

We recommend that underground utility trenches that are aligned nearly parallel with foundations be at least three feet from the outer edge of foundations, wherever possible.

As a general rule, trenches should not encroach into the zone extending outward at a 1:1 inclination below the foundations. Additionally, trenches near foundations should not remain open longer than 72 hours to prevent drying and potential shrinkage cracks. The intent of these recommendations is to prevent loss of both lateral and vertical support of foundations, resulting in possible settlement.

FOUNDATION DESIGN
We are providing design soil values for the analysis of the foundations, and suggested minimums, but only from a Geotechnical Engineering perspective. The project Structural Engineer should determine final foundation design width and depth dimensions and concrete strength and reinforcing requirements, based on their specific structural design, which should include an appropriate factor of safety applied to the overall design.

Based on our communications with representatives of the City of Sacramento, we understand that the prefabricated restroom replacement structure will be supported by a concrete mat slab.

Geotechnical Engineering Report Page 18
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MPE No. 03806-02
April 8, 2022
Mat Slab
Provided the building pads are prepared as recommended above, the soils should be capable of supporting contact pressures up to 1500 psf for the total load condition.

The subgrades for the proposed mat slab should be prepared and compacted in accordance with the recommendations in this report. We recommend that all foundations be adequately reinforced to provide structural continuity, mitigate cracking and permit spanning of local soil irregularities.

Final concrete slab thickness, compressive strength, reinforcement and detailing should be determined by the Structural Engineer based on their specific design and analysis and anticipated slab loading. Temporary loads exerted during construction from vehicle traffic, cranes, forklifts, and storage of palletized construction materials should be considered in the design of the slabs-on-grade.

Resistance to lateral displacement of foundations may be computed using an allowable friction factor of 0.25, which may be multiplied by the effective vertical load on each foundation. Due to the anticipated embedded depth of mat foundation, lateral resistance from passive earth pressure is considered negligible.

Moisture vapor protection for areas where moisture vapor through the slab is a concern (such as areas covered by floor coverings) may be provided by placing a plastic water vapor retarder (at least 10-mils thick) directly over the prepared subgrade. The plastic water vapor retarder should meet or exceed the minimum specifications as outlined in ASTM E1745.

Consideration should be given to using a thicker, higher quality membrane for additional moisture protection such as a 15-mil thick Stego vapor barrier or other product. The membrane should be installed so that there are no holes or uncovered areas. All seams should overlap and be sealed with manufacturer-approved tape, continuous at the laps to create vapor tight conditions. All perimeter edges of the membrane, such as pipe penetrations, interior and exterior footings, joints, etc., should be sealed or caulked per manufacturer’s recommendations. An optional, thin layer of clean sand above the membrane is acceptable, as an aid to curing of the slab concrete.

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April 8, 2022
Floor slab construction over the past 25 years or more has included placement of a thin layer of sand over the vapor retarder membrane. The intent of the sand is to aid in the proper curing of the slab concrete. However, recent debate over excessive moisture vapor emissions from floor slabs includes concern for water trapped within the sand. As a consequence, we consider the use of the sand layer as optional. The concrete curing benefits should be weighed against efforts to reduce slab moisture vapor transmission.

The recommendations presented above are intended to mitigate any significant soils-related cracking of the slab-on-grade floors. More important to the performance and appearance of a Portland cement concrete slab is the quality of the concrete, the workmanship of the concrete contractor, the curing techniques utilized and the spacing of control joints.

FLOOR SLAB MOISTURE PENETRATION RESISTANCE
It is considered likely that floor slab subgrade soils will become wet to near-saturated at some time during the life of the structures. This is a certainty when slabs are constructed during the wet seasons or when constantly wet ground or poor drainage conditions exist adjacent to structures. For this reason, it should be assumed that all slabs in occupied areas, as well as those intended for moisture-sensitive floor coverings or materials, require protection against moisture or moisture vapor penetration. Standard practice includes the gravel and water vapor retarder as suggested above. However, the gravel and plastic membrane offer only a limited, first-line of defense against soil-related moisture.

Recommendations contained in this report concerning foundation and floor slab design are presented as minimum requirements, only from the Geotechnical Engineering standpoint.

It is emphasized that the use of a water vapor retarder will not "moisture proof" the slab, nor does it assure that slab moisture transmission levels will be low enough to prevent damage to floor coverings or other building components. If increased protection against moisture vapor penetration of slabs is desired, a concrete moisture protection specialist should be consulted. The architect and design team should consider all available measures for slab moisture protection. It is commonly accepted that maintaining the lowest practical water-cement ratio in the slab concrete is an effective way to help reduce future moisture vapor penetration of the completed slabs.

Geotechnical Engineering Report Page 20
ROBERTSON PARK – RESTROOM REPLACEMENT
MPE No. 03806-02
April 8, 2022

EXTERIOR FLATWORK (NON-PAVEMENT AREAS)
The most effective way to eliminate cracking of exterior flatwork due to expansive soil conditions is to remove and replace the upper 12 inches of soils within the flatwork areas with at least 12 inches of granular (non-expansive) soils. If the clayey soils are not removed and replaced, we offer the following alternate recommendations to help reduce the impact of the clays on the performance of the slabs.

The subgrade soils should be uniformly compacted to at least 90 percent relative compaction and moisture conditioned to at least two percent above the optimum moisture content and maintained in an over optimum moisture condition prior to concrete placement.

Our recommendations are intended to reduce the effects of expansive soil subgrade conditions in exterior concrete flatwork areas. However, some seasonal movement of exterior flatwork should be anticipated due to the inability to completely eliminate soil movement in expansive soil areas. Uniform moisture conditioning of subgrade soils is important to reduce the risk of non-uniform moisture withdrawal from the concrete and the possibility of plastic shrinkage cracks.

Areas adjacent to new slabs-on-grade should be landscaped to maintain more uniform soil moisture conditions adjacent to and under the slabs. We recommend that final landscaping plans not allow fallow ground adjacent to exterior concrete flatwork.

Consideration should be given to thickening the outer edges of sidewalks to at least twice the slab thickness. Thorough moisture conditioning of subgrade soils is important to reduce the risk of non-uniform moisture withdrawal from the concrete and the possibility of plastic shrinkage cracks. Practices recommended by the Portland Cement Association (PCA) for proper placement and curing of concrete, as well as for joint spacing and construction, should be followed during exterior concrete slab construction.

The Architect or Structural Engineer should determine the final thickness, strength, reinforcement, and joint spacing of exterior slab-on-grade concrete; however, we offer the following suggested minimum guidelines. Exterior flatwork should be at least four inches Geotechnical Engineering Report Page 21
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MPE No. 03806-02
April 8, 2022
thick and be constructed independent of perimeter structure foundations and isolated column foundations by the placement of a layer of felt material between the flatwork and the foundation. Reinforcement should consist of at least heavy duty welded wire fabric (flat sheets), or equivalent steel reinforcing bars, placed mid-depth of the slab. Thicker slabs constructed where light wheeled traffic or intermittent light loading is expected over the slabs. Public sidewalk design, thickness and construction should conform to local jurisdiction requirements. Slabs receiving wheeled or vehicular traffic should be thickened and designed as pavements.

SITE DRAINAGE
Site drainage should be accomplished to provide positive drainage of surface water away from buildings and prevent ponding of water adjacent to structures. The grade adjacent to the structures should be sloped away from foundations at a minimum two percent. Proper control of surface water drainage is essential to the performance of foundations, slabs-ongrade, and flatwork. We recommend using full-roof gutters, with downspouts from roof drains connected to rigid non-perforated piping directed to an appropriate drainage point away from the structures, or discharging onto paved surfaces leading away from the structures and foundations. Concentrated storm water discharge collected from roof downspouts or surface drains should not be allowed to drain on unprotected slopes adjacent to structures. Finished grades should be graded to drain positively away from all flatwork and building structures. Ponding of surface water should be avoided near foundations and flatwork. Landscape berms, if planned, should not be constructed in such a manner as to promote drainage toward buildings.

All excavations should be protected from concentrated storm water run-off to minimize potential erosion. Ponding of surface water or allowing sheet flow of water over any open excavation must be avoided.

CONSTRUCTION TESTING AND OBSERVATION
Site preparation should be accomplished in accordance with the recommendations of this report and the appended Guide Earthwork Specifications. Representatives of MPE must be present during site preparation and all grading operations to observe and test the fills to Geotechnical Engineering Report Page 22
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MPE No. 03806-02
April 8, 2022
verify compliance with our recommendations and the job specifications. In the event that MPE is not retained to provide geotechnical engineering observation and testing services during construction, the Geotechnical Engineer retained to provide this service should indicate in writing that they agree with the recommendations of this report, and prepare supplemental recommendations as necessary.

A final report by the "Geotechnical Engineer" should be prepared upon completion of the project indicating compliance with or deviations from this report and the project plans and specifications. Please be aware that the title Geotechnical Engineer is restricted in the State of California to a Civil Engineer authorized by the State of California to use the title "Geotechnical Engineer."

LIMITATIONS
Our recommendations are based upon the information provided regarding the proposed construction, combined with our analysis of site conditions revealed by the field exploration and laboratory testing programs. We have used our best engineering judgment based upon the information provided and the data generated from our investigation. This report has been prepared in accordance with generally accepted standards of practice existing in northern California at the time of the report. No warranty, either express or implied, is provided.

If the proposed construction is modified or re-sited; or, if it is found during construction that subsurface conditions differ from those we encountered at the boring locations, we should be afforded the opportunity to review the new information or changed conditions to determine if our conclusions and recommendations must be modified. Mid Pacific Engineering, Inc., should be retained to review the final plans and specifications to verify that the intent of our recommendations has been implemented in those documents.

We emphasize that this report is applicable only to the proposed construction and the investigated site and should not be utilized for construction on any other site. The conclusions and recommendations of this report are considered valid for a period of two Geotechnical Engineering Report Page 23
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April 8, 2022
years. If design is not completed and construction has not started within two years of the date of this report, the report must be reviewed and updated, as necessary.

CLOSURE
We appreciate this opportunity to be of service and trust this report provides the information desired at this time. Should questions arise, please do not hesitate to contact this office.

Mid Pacific Engineering, Inc.

Fred Yi, Ph.D., P.E., G.E., F. ASCE
Principal Engineer
DCS:rvw

FIGURES

FIGURES

FIGUR E 3A, LOGS OF TEST PIT S

LOGS OF HAND AUGER BORINGS
Augured on: March 18, 2022
Logged by: A. Kasozi
HA 1
0’ – ½’ Grass/Lawn-covered, Greyish brown/black, moist, Silty Sand (SM), contains some grass roots (Topsoil), contains some debris consisting of broken electric wires, broken glass etc.
½’ – 1 ½’ Yellowish brown, moist, Silt with Sand (ML), mostly fine sand, contains few gravels 1 ½’ – 5’ Reddish brown, moist, Clayey Silt (ML), hand-driven tube sample collected at 3.5’ (moisture content = 18.6%, dry density = 98 pcf)
Bottom of hole at 5 feet, no groundwater encountered
HA 2
0’ – ½’ Grass/Lawn-covered, Greyish brown/black, moist, Silty Sand (SM), contains some grass roots (Topsoil), contains some debris consisting of broken electric wires, broken glass etc.
½’ – 1’ Yellowish brown, moist, Silt with Sand (ML), mostly fine sand, contains few gravels, rusty nail in soil cuttings
1’ – 4’ Reddish brown, moist, Clayey Silt (ML)
Bottom of hole at 4 feet, no groundwater encountered

HA 3
0’ – ½’ Grass/Lawn-covered, Greyish brown/black, moist, Silty Sand (SM), contains some grass roots (Topsoil), contains some debris consisting of broken electric wires, broken glass etc.
½’ – 1’ Yellowish brown, moist, Silt with Sand (ML), mostly fine sand, contains few gravels, handdriven tube sample collected at 0.5’ (UCC = 0.9 tsf, moisture content = 8.1%, dry density =

99.7 pcf)
1’ – 5’ Reddish brown, moist, Clayey Silt (ML)
Bottom of hole at 5 feet, no groundwater encountered

LOGS OF TEST PITS

ROBERTSON PARK RESTROOM

REPLACEMENT
3525 Norwood Avenue
Sacramento, California
FIGURE 3a
Date: 04/22
MPE No. 03806-02
FIGUR E 3B, LOGS OF TEST PITS

LOGS OF HAND AUGER BORINGS
Augured on: March 18, 2022
Logged by: A. Kasozi
HA 4
0’ – ½’ Grass/Lawn-covered, Greyish brown/black, moist, Silty Sand (SM), contains some grass roots (Topsoil), contains some debris consisting of broken electric wires, broken glass etc.
½’ – 1 ½’ Yellowish brown, moist, Silt with Sand (ML), mostly fine sand, contains few gravels 1 ½’ – 4’ Reddish brown, moist, Clayey Silt (ML)
Bottom of hole at 4 feet, no groundwater encountered

LOGS OF TEST PITS

ROBERTSON PARK RESTROOM

REPLACEMENT
3525 Norwood Avenue
Sacramento, California
FIGURE 3b
Date: 04/22
MPE No. 03806-02
FIGUR E 4, USCS (PORTRAIT)

UNIFIED SOIL CLASSIFICATION SYSTEM

ROBERTSON PARK RESTROOM

REPLACEMENT
3525 Norwood Avenue
Sacramento, California
FIGURE 4
Date: 04/22
MPE No. 03806-02
SILT & CLAY Below No. 200 Below 0.074 TR = Triaxial Compression Test GR = Gradation Analysis (Sieve)
Laboratory
Tests
PI = Plasticity Index
EI =Expansive Index
UCC = Unconfined Compression Test
K = Permeability Test
material change line SAND
coarse (c )
Medium ( m )
fine ( f )
No. 4 to No. 200
No. 4 to No. 10
No. 10 to No. 40
No. 40 to No. 200

4.76 to 0.074

4.76 to 2.00

2.00 to 0.420

0.420 to 0.074
= Observed material change line
GRAVEL
coarse ( c )
fine ( f )
3" to No. 4
3" to 3/4"
3/4" to No. 4

76.2 to 4.76

76.2 to 19.1

19.1 to 4.76
= Final Water Level
= Estimated or gradational
=SPT Sampler BOULDERS Above 12" Above 305
COBBLES 12" to 3" 305 to 76.2 = Initial Water Level
Modified California sampler CLASSIFICATION RANGE OF GRAIN SIZES = Hand Driven Sample U.S. Standard
Sieve Size
Grain Size in
Millimeters
FILL FILL Artificially placed fill material

OTHER SYMBOLS
GRAIN SIZE CLASSIFICATION = Drive Sample: 2-1/2" O.D.

Organic clays of medium to high plasticity, organic silty clays, organic silts HIGHLY ORGANIC SOILS Pt Peat and other highly organic soils ROCK RX Rocks, weathered to fresh

SILTS & CLAYS
LL< 50
ML Inorganic silts and very fine sands, rock flour, silty or clayey fine sands or clayey silts with slight plasticity
CL

SILTS & CLAYS
MH Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts
CH Inorganic clays of high plasticity, fat clays
OH
Silty sands, sand - silt mixtures
SC Clayey sands, sand clay mixtures
GC Clayey gravels, gravel - sand - silt mixtures
Organic silts and organic silty clays of low plasticity Inorganic clays of low to medium plasticity, gravely clays, sandy clays, silty clays, lean clays
OL

UNIFIED SOIL CLASSIFICATION SYSTEM

MAJOR DIVISIONS SYMBOL CODE TYPICAL NAMES

GRAVELS
(More than 50% of
coarse fraction > no. 4
sieve size)
GW Well graded gravels or gravel - sand mixtures, little or no fines SANDS
(50% or more of
coarse fraction < no. 4
sieve size)
SW Well graded sands or gravelly sands, little or no fines SP Poorly graded sands or gravelly sands, little or no fines GP Poorly graded gravels or gravel - sand mixtures, little or no fines GM Silty gravels, gravel - sand - silt mixtures
SM

APPENDICES

APPENDICES

APPENDIX A

APPENDIX A
A. GENERAL INFORMATION
The performance of a Geotechnical Engineering investigation for the proposed Robertson Park Restroom to be located at 3525 Norwood Avenue in Sacramento, California, was authorized by Jeff Nittka on March 18, 2020. The authorization was for an investigation as described in our proposal dated February 22, 2022, sent to our client, City of Sacramento Parks and Recreation, whose mailing address is 915 I Street, 3rd Floor NCH, Sacramento, California 95814; telephone (916) 808-1923.

The project manager is Jeff Nittka of the City of Sacramento, whose mailing address is 915 I Street, 3rd Floor NCH, Sacramento, CA 95814; telephone (916) 808-5996.

The associated landscape architect is Siegfried, whose mailing address is 109 Scripps Drive Sacramento, CA 95825; telephone (916) 520-2777.

In performing this investigation, we referenced the February 8, 2022, Request for Proposal for Geotechnical Services for Robertson Park Restroom Replacement document, provided by The City of Sacramento Parks and Recreation.

B. FIELD EXPLORATION
On March 18, 2022, four exploratory hand auger test borings were advanced to a maximum depth of approximately 5 feet below existing site grades. The approximate locations of the borings are indicated on Figure 2. The soils recovered were visually classified by the field engineer. At various intervals, bulk and relatively undisturbed samples were recovered from the borings at various depths using a hand-operated drive sampler and associated hammer.

Soil samples were retained in 2-inch diameter by 6-inch long, thin-walled brass tubes contained within the sampler. Immediately after recovery, the field engineer visually classified the soil in the tubes and the ends of the tubes were sealed to preserve the Page A2
natural moisture contents. Recovered bulk samples were retained in Ziplock bags.

The soil samples were taken to our laboratory for additional classification and selection of samples for testing.

The Logs of Hand Auger Borings, Figure 3 contain descriptions of the soils encountered in each boring. A Boring Legend explaining the Unified Soil Classification System and the symbols used on the logs is contained on Figure 4.

C. LABORATORY TESTING
Representative samples of soils including relatively undisturbed samples and bulk samples are selected by project engineer and assigned for laboratory testing.

Laboratory tests performed for this project are as follows:

ASTM D2216 Standard Test Methods for Laboratory Determination of Water (Moisture) Content of Soil by Mass
ASTM D2937 Standard Test Method for Density of Soil in Place by the DriveCylinder Method ASTM D4829 Standard Test Method for Expansion Index of Soils Soil Resistivity and Chemical Analysis testing in accordance with No. 643 (Modified Small Cell), CT 532, CT 422, and CT 417, etc.

The results of these tests are included on the boring logs at the depth each sample was obtained and/or attached figures. Corrosivity testing was performed by our subconsultant Sunland Analytical in Rancho Cordova, California.

Figure A1 Expansion I ndex EXPANSION INDEX TEST RESULTS (ASTM D4829-03)
(UBC 18-2)
Sample
Number
Material
Description
Pre-Test
Moisture (%)
Post-Test
Moisture (%)
Dry Density
(pcf)
Expansion
Index
HA1 (½ – 1½") Sandy Silt
(ML) 8.3 14.0 113 16

CLASSIFICATION OF EXPANSIVE SOIL

EXPANSION INDEX POTENTIAL EXPANSION
0 - 20 Very Low
21 - 50 Low
51 - 90 Medium
91 - 130 High
Above 130 Very High

EXPANSION INDEX TEST RESULTS

ROBERTSON PARK RESTROOM

REPLACEMENT
3525 Norwood Avenue
Sacramento, California
FIGURE A1
Date: 04/02
MPE No. 03806-02
Figure A2 Unconfine d Compres sion UNCONFINED COMPRESSION TEST RESULTS (ASTM D2166)
Sample Number Depth (ft) Unconfined Strength (psi) Undrained Shear Strength (psi) HA3 1/2 12.7 6.3

UNCONFINED COMPRESSION TEST

RESULTS

ROBERTSON PARK RESTROOM

REPLACEMENT
3525 Norwood Avenue
Sacramento, California
FIGURE A2
Date: 04/02
MPE No. 03806-02

APPENDIX B

APPENDIX B

GUIDE EARTHWORK SPECIFICATIONS

ROBERTSON PARK RESTROOM REPLACEMENT
3525 Norwood Avenue
Sacramento, California
MPE No. 03806-02
PART 1: GENERAL

1.1 SCOPE
A. General Description
This item shall include clearing of all surface and subsurface structures including undocumented fills, stockpiles, vaults, pits, underground piping, septic systems, pavements, concrete slabs, foundations, fences, surface debris including all asphalt concrete rubble, concrete rubble, trees, shrubbery and associated items; preparation of surfaces to be filled, filling, spreading, compaction, observation and testing of the fill; and all subsidiary work necessary to complete the grading of the building area to conform with the lines, grades and slopes as shown on the accepted Drawings.

B. Related Work Specified Elsewhere

1. Trenching and backfilling for sanitary sewer system: Section ______.

2. Trenching and backfilling for storm drain system: Section ______.

3. Trenching and backfilling for underground water, natural gas, and electric supplies: Section ______.

C. Geotechnical Engineer
Where specific reference is made to "Geotechnical Engineer" this designation shall be understood to include either him or his representative.

1.2 PROTECTION
A. Adequate protection measures shall be provided to protect workers and passers-by at the site. Streets and adjacent property shall be fully protected throughout the operations.

B. In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for working conditions at the job site, including safety of all persons and property during performance of the Page B2
work. This requirement shall apply continuously and shall not be limited to normal working hours.

C. Any construction review of the Contractor's performance conducted by the Geotechnical Engineer is not intended to include review of the adequacy of the Contractor's safety measures, in, on or near the construction site.

D. Adjacent streets and sidewalks shall be kept free of mud, dirt or similar nuisances resulting from earthwork operations.

E. Surface drainage provisions shall be made during the period of construction in a manner to avoid creating a nuisance to adjacent areas.

F. The site and adjacent influenced areas shall be watered as required to suppress dust nuisance.

1.3 GEOTECHNICAL REPORT
A. A Geotechnical Engineering Report (MPE No. 03806-02; dated April 8, 2022) has been prepared for this site by Mid Pacific Engineering, Inc., Geotechnical Engineers. A copy is available for review at the office of Mid Pacific Engineering, Inc., 840 Embarcadero Drive, Suite 20, Sacramento, California 95605.

B. The information contained in this report was obtained for design purposes only. The Contractor is responsible for any conclusions he/she may draw from this report; should the Contractor prefer not to assume such risk, he/she should employ their own experts to analyze available information and/or to make additional borings upon which to base their conclusions, all at no cost to the Owner.

1.4 EXISTING SITE CONDITIONS
The Contractor shall be acquainted with all site conditions. If unshown active utilities are encountered during the work, the Architect shall be promptly notified for instructions. Failure to notify will make the Contractor liable for damage to these utilities arising from Contractor's operations subsequent to the discovery of such unshown utilities.

1.5 SEASONAL LIMITS
Fill material shall not be placed, spread or rolled during unfavorable weather conditions. When the work is interrupted by heavy rains, fill operations shall not be resumed until field tests indicate that the moisture contents of the subgrade and fill materials are satisfactory.

Page B3
PART 2: PRODUCTS

2.1 MATERIALS
A. All fill shall be of approved local materials from required excavations, supplemented by imported fill, if necessary. Approved local materials are defined as local soils free from significant quantities of rubble, rubbish and vegetation, and having been tested and approved by the Geotechnical Engineer prior to use. Clods, rocks or hard lumps exceeding three inches (3") in final size shall not be allowed in the upper two feet (2') of any fill supporting pavements and structures. The upper twelve inches (12") of all pad subgrades shall consist of on-site or imported non-expansive, granular soils, aggregate base, or properly lime-treated native soils. Expansive clays shall not be used as fill within the upper twelve inches (12") of the building pad.

B. Imported fill materials shall be approved by the Geotechnical Engineer; they shall meet the above requirements. If select non-expansive soils are to be used for fill they shall have plasticity indices not exceeding fifteen (15), when tested in accordance with ASTM D4318; shall have a maximum expansion index not exceeding twenty (20) when tested in accordance with ASTM D4829; and, shall be of three-inch (3") maximum particle size. Import fill shall be clean of contamination with appropriate documentation. All imported materials shall be approved by the Geotechnical Engineer prior to being transported to the site.

C. Water for use in subgrade stabilization shall be clean and potable and shall be added during mixing, and remixing and compaction operations.

D. Asphalt concrete, aggregate base, aggregate sub-base, and other paving products shall comply with the appropriate provisions of the State of California (Caltrans) Standard Specifications, latest editions.

PART 3: EXECUTION

3.1 LAYOUT AND PREPARATION
Lay out all work, establish grades, locate existing underground utilities, set markers and stakes, set up and maintain barricades and protection of utilities--all prior to beginning actual earthwork operations.

3.2 CLEARING, GRUBBING AND PREPARING BUILDING PADS AND PAVEMENT AREAS A. All existing surface or subsurface structures associated with current or past development of the site that are planned for removal, including but not limited to; existing stockpiles, trees, underground utilities to be relocated or abandoned including trench backfill, demolition debris, rubble, deleterious material, and any other items designated for removal shall be removed and disposed of so as to leave the areas that have been disturbed with a neat and finished appearance, free from unsightly debris. Trees and shrubs designated Page B4
to be removed shall include the entire rootball and all roots larger than onehalf inch (½") in diameter. Excavations and depressions resulting from the removal of such items, as well as any existing excavations or loose soil deposits, as determined by the Geotechnical Engineer, shall be cleaned out to firm, undisturbed soil and backfilled with suitable materials in accordance with these specifications. It is essential that the Geotechnical Engineer be present during clearing operations to verify adequate removal of existing structures and determine the need for additional over-excavation of areas. Excavations resulting from clearing operations shall be left as shallow dish-shaped depressions for proper location and to allow proper access with compaction equipment during grading operations. If clearing and removal of structures takes place without direct observation by the Geotechnical Engineer, the Geotechnical Engineer shall determine the need for deep cross-ripping and/or over-excavation of the disturbed areas and the building pad or structural area affected.

B. Following site clearing, the existing undocumented fills shall be completely removed to expose undisturbed native soils. The fill soils shall be evaluated during initial grading operations to evaluate them for the presence of rubble, refuse, debris, or organics that may prevent them from being used as fill materials during the grading operations. Structural areas shall be subexcavated and replaced with Class 2 aggregate base as recommended in the Geotechnical Engineering Report.

C. Scarification and/or cross-ripping to depths of twelve inches (12") shall be performed within areas of removed trees, rubble, and debris, and in other areas as directed by the Geotechnical Engineer, based on the exposed conditions. Exposed remnants, rubble and debris shall be removed from the subgrades. Hand picking of exposed roots, rubble and debris shall be performed by the Contractor to adequately clear the grades. Subsurface utilities to be relocated or abandoned shall be removed from within and to at least five feet (5') beyond the perimeter of the proposed structural areas; remaining piping beyond the structure that is not removed shall be plugged.

D. The surfaces upon which fill is to be placed, as well as at-grade areas or areas achieved by excavation, shall be plowed or scarified to a depth of at least twelve inches (12") until the surface is free from ruts, hummocks or other uneven features which would tend to prevent uniform compaction by the selected equipment.

E. When the moisture content of the subgrade is below that required to achieve the specified density, and that minimum content recommended in the geotechnical report, water shall be added until the proper moisture content is achieved.

Page B5
F. When the moisture content of the subgrade is too high to permit the specified compaction to be achieved, the subgrade shall be aerated by blading or other methods until the moisture content is satisfactory for compaction.

G. After the foundations for fill have been cleared, plowed, or scarified, they shall be disced or bladed until uniform and free from large clods, brought to the proper moisture content and compacted to not less than ninety percent (90%) of the ASTM D1557 maximum dry density. Soil compaction shall be performed using a heavy, self-propelled sheepsfoot compactor.

H. Compaction operations shall be performed in the presence of the Geotechnical Engineer who will evaluate the performance of the materials under compactive load. Unstable soil deposits, as determined by the Geotechnical Engineer, shall be excavated to expose a firm base and grades restored with engineered fill in accordance with these specifications.

I. Expansive clay soils exposed at or within 12 inches of final building pad subgrade and subgrades supporting exterior concrete flatwork shall be completely removed and replaced with imported granular, non-expansive soils or aggregate base placed and compacted as engineered fill, or soil subgrades shall be lime-treated.

3.3 PLACING, SPREADING AND COMPACTING FILL MATERIAL
A. Engineered fills shall be placed in layers which when compacted shall not exceed six inches (6") in thickness. Each layer shall be spread evenly and shall be thoroughly mixed during the spreading to promote uniformity of material in each layer.

B. When the moisture content of the fill material is below that required to achieve the specified density, and that minimum content recommended in the geotechnical report, water shall be added until the proper moisture content is achieved.

C. When the moisture content of the fill material is too high to permit the specified degree of compaction to be achieved, the fill material shall be aerated by blading or other methods until the moisture content is satisfactory.

D. After each layer has been placed, mixed and spread evenly, soils shall be thoroughly compacted to at least ninety percent (90%) of the ASTM D1557 maximum dry density. Engineered fills placed outside of the structure lines and outside of foundation areas shall be compacted to at least ninety percent (90%) of the ASTM D1557 maximum dry density. Additional passes with the compactor shall be added, as required by the Geotechnical Engineer, to achieve a firm, stable and unyielding subgrade condition. Compactive effort should be applied uniformly across the full width of fill construction. Soils compaction shall be performed using a heavy, self-propelled sheepsfoot Page B6
compactor, to the satisfaction of our on-site representative. Each layer shall be compacted over its entire area until the desired density has been obtained.

E. Each layer of engineered fill placed to backfill excavations or placed adjacent to sloping ground shall be properly benched at least 12 inches into the side slopes ad as recommended by the Geotechnical Engineer.

F. The filling operations shall be continued until the fills have been brought to the finished slopes and grades as shown on the accepted Drawings.

3.4 FINAL SUBGRADE PREPARATION
A. The upper twelve inches (12") of final building pad and flatwork subgrades and subgrades not supporting structures or pavements shall be brought to a uniform moisture content of at least the optimum moisture content, and shall be uniformly compacted to at least ninety percent (90%) relative compaction.

The upper twelve inches (12") of structural areas and mat foundation subgrades shall consist of Class 2 aggregate base, recommended in the Geotechnical Engineering Report, compacted to at least ninety-five percent (95%) relative compaction.

B. For untreated pavement subgrades, the upper six inches (6") of final subgrades supporting pavement sections shall be brought to a uniform moisture content of at least two percent above the optimum moisture content and shall be uniformly compacted to at least ninety-five percent (95%) relative compaction, regardless of whether final subgrade elevations are attained by filling, excavation, or are left at existing grades. Pavement subgrades shall be proof-rolled in the presence of the Geotechnical Engineer prior to placement of aggregate base and shall be stable under construction equipment traffic.

3.6 TRENCH BACKFILL
Utility trench backfill shall be placed in lifts of no more than six inches (6") in compacted thickness. Each lift shall be compacted to at least ninety percent (90%) compaction, as defined by ASTM D1557, except that backfill supporting sidewalks, streets or other public pavement shall be compacted to comply with applicable City of Sacramento Standards, latest editions. The upper six inches of trench backfill within on-site pavement areas shall be compacted to at least ninety-five percent (95%) compaction, as defined by ASTM D1557. The upper twelve inches (12") of backfill material for trenches within the building pad shall match the materials used in the pad. If granular soils were utilized, the upper twelve inches (12") shall be imported granular soils.

3.7 TESTING AND OBSERVATION
A. Grading operations shall be observed by the Geotechnical Engineer, serving as the representative of the Owner.

Page B7
B. Field density tests shall be made by the Geotechnical Engineer after compaction of each layer of fill. Additional layers of fill shall not be spread until the field density tests indicate that the minimum specified density has been obtained.

C. Earthwork shall not be performed without the notification or approval of the Geotechnical Engineer. The Contractor shall notify the Geotechnical Engineer at least two (2) working days prior to commencement of any aspect of the site earthwork.

D. If the Contractor should fail to meet the technical or design requirements embodied in this document and on the applicable plans, the Contractor shall make the necessary readjustments until all work is deemed satisfactory, as determined by the Geotechnical Engineer and the Project Design Engineer. No deviation from the specifications shall be made except upon written approval of the Geotechnical Engineer or Project Design Engineer. /
Recycling & Solid Waste | 2812 Meadowview Road, Building 1 | Sacramento, CA 95832 | 916-808-0965 | www.sacrecycle.org Construction & Demolition
Waste Management Plan
C&D Debris Waste Management Plan
City of Sacramento Recycling & Solid Waste
Phone: (916) 808-0965 / Fax: (916) 808-4999
C&[email protected]
Building
Permit
Numbers Please include all known permit numbers related to this project.

Form submitted
by: Please attach a business card or include your name with a phone number and/or an email address.

Building Project Information:

Briefly describe the project:

Materials Required to be Recycled
65% of all debris must be recycled if generated during the course of your project. Failure to meet the 65% diversion rate may result in a fine being imposed. You can either source-separate them, which may be hauled by anyone, or mix them in one container and send themixed C&D debris load to a Certified Mixed C&D Sorting Facility. Mixed C&D loads can only be hauled by a franchised hauler or self-hauled. Please see the Definitions section, on the next page, for more information.

Material Management
How the C&D debris will be stored on the project site: Mixed C&D Source-Separated Company to haul away debris:

Facilities to receive debris:

Office Use Only: Approved by: On date:

Fee amount: $
65%
of all debris
must be recycled
Waste Log and tickets must be submitted within 30 days of permit being finaled.

Job Address:

Contractor: Phone:

Address: Email:

Owner: Phone:

Address: Email:

This Waste Management Plan (WMP) must be submitted and approved before your building permit(s) will be issued. Only one WMP is required if a project has multiple building permits associated to it (i.e., multiple houses in a subdivision, or multiple related permits at one address). The Administration fee is 0.04% of the job valuation (min $40, max $800). If applicable, a security deposit of 1% of the job valuation (max $10,000) will be required. The accompanying Waste Log must be submitted within 30 days of final inspection (or permit expiration) of the project, or a fine may be imposed. Approval may also be delayed if the Waste Log from a previous project is due.
3525 NORWOOD AVE.

TBD

CITY OF SACRAMENTO
915 I ST. SACRAMENTO CA. 95814
916-808-5343
[email protected]

DEMOLITION AND REMOVAL OF EXISTING RESTROOM BUILDING FOR INSTALLATION OF NEW

RESTROOM BUILDING

WASTE MANAGEMENT

SACRAMENTO COUNTY RECYCLING AND TRANSFER CENTER
Recycling & Solid Waste | 2812 Meadowview Road, Building 1 | Sacramento, CA 95832 | 916-808-0965 | www.sacrecycle.org Construction & Demolition
Waste Management Plan
C&D Debris Waste Management Plan
City of Sacramento Recycling & Solid Waste
Phone: (916) 808-0965 / Fax: (916) 808-4999
C&[email protected]
Definitions
Please read and understand these terms. Call Recycling & Solid Waste (RSW) at (916) 808-0965 if these terms are not clear to you. More information is also available online at http://www.cityofsacramento.org/public-works/RSW/CollectionServices/Recycling/Construction-and-Demolition. 1. Self-haul or self-hauling: This is when the permit holder, general contractor, or a subcontractor who is doing work on the project hauls their own waste materials for recycling or disposal. Note that a jobsite cleanup crew is not doing other work on the project and is not self-hauling. Jobsite cleanup crews must be franchised in order to haul mixed C&D debris and garbage away.

2. Franchised hauler: See a list provided at http://www.cityofsacramento.org/Public-Works/RSW/CollectionServices/Commercial-Services/Commercial-Haulers/Franchise-Haulers. These companies are the only companies in Sacramento who can legally collect and haul mixed C&D debris and garbage.

3. Source separation: This is achieving compliance with the recycling requirement by keeping wood, metal, cardboard, or other recyclables in separate containers. Source-separated material may be hauled by anyone to a permitted recycling facility for diversion.

4. Mixed C&D debris: This is achieving compliance with the recycling requirement by putting all recyclable debris into one container. Mixed material must be sent to a certified mixed C&D sorting facility to have the recyclable material extracted and recovered. Tickets must be stamped showing the mixed material was sorted. Mixed material also must be either self-hauled, or hauled by a franchised hauler. If your jobsite is crowded, this option saves the most space.

5. Certified Mixed C&D Sorting Facility: See list at https://wmr.saccounty.gov/Pages/CDDebrisSortingFacilities.aspx. These facilities have been certified by the County of Sacramento to extract recyclable materials from mixed C&D debris. If you achieve compliance by mixed recovery, your debris must go to a certified mixed sorting facility.

Terms and Conditions
Your approved Waste Management Plan and Waste Log must be kept on the job site in the permit folder for the duration of the project.

City of Sacramento staff may enter the jobsite to inspect waste collection areas.

Only County of Sacramento-Certified Mixed C&D Sorting Facilities may be used to recycle these materials if mixed with other materials.

Only Haulers franchised by the City of Sacramento or self-haulers (as defined above) may collect and transport trash or mixed C&Dmaterial from the jobsite.

Construction and Demolition Debris may not be burned or dumped illegally.

Your Waste Log must be completed and submitted within 30 days of your permit being finaled or expired. All waste hauling and disposal or recycling activity must be entered on the Waste Log, including information from any subcontractors who self-hauled their own debris off-site. Enter your Permit Number on your Waste Log now! Your Waste Log must demonstrate that the 65% diversion rate has been met.

You must keep all receipts or weight-tickets from your project for a period of one year from the submittal of your waste log.

Failure to comply with these terms and conditions may result in a fine and a security deposit on future projects.

PERMIT COM-2224167
`
CDD-0233 Revised Page 2 of 5
Application for Wrecking Permit
Permit #:

Location:

Address:

Lot: Tract:

Lot Depth: Lot Width: Corner Lot: Y N Interior Lot: Y N Owner:

Owner’s Address:

Building Data:

Length: Width: First Floor Area: No. Stories:

Total SF Building Use: Construction Type: Height:
# of Units: Front Set Back: Side Yard: Rear Yard:

City Sewer: Y N Septic: Y N City Water: Y N Well: Y N
Contractor Information:

Name: State License No:

Address: Phone:

Email: Fax:

Liability Insurance P.L. P.D Policy on File: Y N
Code Requirements:

Notification of Adjacent Property Owners: Y N Date:

Copy of Notification on File: Y N Use of Property Required: Y N Pedestrian Protection Required Y N Requirements Attached: Y N Basement or Other Excavations on Lot Y N To Be Filled: Y N Fenced: Y N PREPARE PLOT PLAN SHOWING LOCATION OF BUILDING ON LOT. ALSO TYPE AND LOCATION OF BUILDING BARRICADE. Special Conditions I have read the above application and know the contents thereof; the same is true and correct. I further state that I am familiar with the laws governing the demolition of buildings within the City of Sacramento and the State of California and that the above structure will be razed in conformity therewith. I further state that I understand that this permit may be revoked for any violation of the provisions of the Code of the City of Sacramento pertaining to or affected by the demolition procedure to be used on the above building.

Applicant: Title:

Date: Fee:

This is a Revocable Permit

PERMIT EXPIRES
Month Day Year
3525 Norwood Ave.
250-0130-055-0000
City of Sacramento
915 I st. Sacramento Ca. 95814
31' 17' 527 1
527 Restroom 12'
TBD

LANDSCAPE TECHNICIAN
4/27/22
COM-2224167
CDD-0233 Revised Page 3 of 5
Agreement to Hold City Harmless from Liability
by Reason of Demolition of Building
DATED:

KNOW ALL BY THESE PRESENT:

The undersigned owner of the premises at
pursuant to provisions of the City Code, hereby agrees as follows:

1. That the building to be demolished consists of no more than a two (2) story building, garage, and other supplemental buildings to be demolished by owner with personnel employed by him/her.

2. That the structure to be demolished will be so torn down as to complete all operations within the normal setback area from the property line.

3. That in accordance with provisions set forth in Title 15, Sec. 15.44.110 and .120 of the City Building Code, the undersigned shall comply with the following:
“Prior to the start of any demolition work on any building or structure in excess of two (2) stories in height, the permittee shall give written notice to owners or tenants of adjoining property not less than ten (10) days before such demolition is started and shall contemporaneously send a copy of each such notice to the director.

The permittee shall take all necessary precautions to adequately protect adjacent property and its occupants.”

4. I the undersigned owner hereby agrees to the following:

Indemnify and hold harmless the City of Sacramento, its officers, employees, and agents from and against any and all actions, damages, claims, losses or expenses of every type and description to which they may be subject or put, by reason of or resulting from directly or indirectly, negligent injury to persons or property arising out of a permit issued by the City to the undersigned to demolish the building and salvage the materials from the premises above named.

IN WITNESS THEREOF, the undersigned has fully read the Agreement and executed this Agreement the day and year first above written.

Owner Address:

Subscribed and sworn to before this day of 20
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

State of California )
County of_______________________________)
On____________________________ before me,_________________________________________________________ Date Here Insert Name and Title of the Officer
personally appeared _______________________________________________________________________________ Name (s) of the Signer(s)
Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
Signature_______________________________________________ Signature of Notary Public
CDD-0233 Revised Page 4 of 5
Demolition Permit Notification
Wrecking Permit #
A Demolition Permit for a story building at:
# stories address
Parcel No: has been issued on
date
The structure is scheduled for demolition within 30 days.

Please update your service and billing records accordingly. (Sample Site Plan)
1 3525 Norwood ave.
250-0130-055-0000
CDD-0233 Revised Page 5 of 5

BUILDING DEMOLITION & MOVEMENT
Form FP-9
Location Type of Action
Address of Structure:____ _________________ Demolition
Demo/Move contact:_____________________________ Move – Explain route on back Contact Phone:__________________________________ Time of Demo/Move:_______________ Contact email:___________________________________ Date of Demo/Move: _______________ Building Types
Dwelling
Commercial
School
Other – explain:________________________________________________________________ Hazard Analysis Are there any access restrictions to the site?
Yes – Explain: __________________________________________________________________ No
Are there underground tanks on the property
Yes
No
Are there any hazardous materials on site? (i.e. asbestos, flammable or combustible liquids, etc.) Yes – Explain: __________________________________________________________________ No
Responsible Party
Signature:_______________________________________________ Date:___________________ Comment:_________________________________________________________________________ Please note that once this document is submitted to the City of Sacramento, your information may be subject to the Public Records Request Act. However, the City will not sell your data or information for any purpose.

ENTEK
CONSULTING GROUP, INC. 4200 Rocklin Road, Suite 7, Rocklin, CA 95677 Phone (916) 632-6800 Fax (916) 632-6812 www.entekgroup.com

ASBESTOS LEAD MOLD INDOOR AIR QUALITY NOISE MONITORING TRAINING HEALTH AND SAFETY AUDITS

HAZARDOUS MATERIALS SURVEY

FINAL REPORT

OWNER/CLIENT
City of Sacramento
Youth, Parks, and Community Enrichment
915 I Street, 3rd Floor
Sacramento, CA 95814

CONTACT
Mr. Jeff Nittka
Associate Landscape Architect

SURVEY ADDRESS
Robertson Park
3525 Norwood Avenue
Sacramento, CA 95838

BUILDING SURVEYED
Robertson Park Restrooms Demolition Project

PREPARED BY
Jonathan Gonzalez
CSST #11-6936 & CDPH #LRC-00008455
Entek Consulting Group, Inc.
4200 Rocklin Road, Suite 7
Rocklin, CA 95677
Entek Project #22-6136
May 12, 2022
ENTEK

TABLE OF CONTENTS
Executive Summary...................................................................................................................................... 3 Introduction................................................................................................................................................... 4 Building Description..................................................................................................................................... 4 Asbestos Inspection and Sample Collection Protocols........................................................................... 4 Asbestos Bulk Sample Results................................................................................................................... 5 Asbestos Regulatory Requirements........................................................................................................... 6 Lead Sampling Results ................................................................................................................................ 7 Lead Regulatory Compliance ...................................................................................................................... 8 Fluorescent Light Tubes and Polychlorinated Biphenyls (PCBs)...........................................................8 Limitations..................................................................................................................................................... 9 Appendices
A. Asbestos Related Documents
B. Lead Related Documents
C. Backup Documents
ENTEK
Hazardous Materials Survey Report – Robertson Park – Restroom Demolition Project 3 Executive Summary
Entek Consulting Group, Inc. (Entek) is pleased to provide Mr. Jeff Nittka, Associate Landscape Architect for the City of Sacramento, with this hazardous materials report regarding the Restroom Demolition Project in Robertson Park located at 3525 Norwood Avenue in Sacramento, California.

The purpose of the inspection was to comply with US EPA NESHAP requirements and the Sacramento Metropolitan Air Quality Management District (SMAQMD) which has jurisdiction for this project site to determine if asbestos containing materials are present which may be impacted during an upcoming Restroom Demolition Project in Robertson Park. It is Entek’s understanding that Robertson Park Restrooms was built approximately in the 1970’s/1980’s.

The United States Environmental Protection Agency, National Emission Standards for Hazardous Air Pollutants (US EPA NESHAP), 40 CFR Part 61 - Nov. 20, 1990, requires an owner or operator of a demolition or renovation project to thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos-containing materials (ACM) prior to the commencement of that project.

The attached drawing shows approximate sample locations and also identifies those bulk sample materials analyzed and found to contain asbestos greater than 1% with a (+) after the sample number. Materials analyzed and found to contain less than 1% asbestos or reported as none detected have a (-) after each sample number.

Materials are classified in the tables of this report as regulated asbestos containing material (RACM), Category I (CAT-I) or Category II (CAT-II) ACM, or asbestos containing construction material (ACCM), which included collecting multiple samples of some materials. Contractors and other individuals who view the sample locations and associated results indicated with either a (-) or a (+) on the drawing to make determinations take the risk of misidentifying a material and may arrive at determinations which are in direct conflict with the written findings of this report. This use of the drawing and the information provided on it relating to individual sample results in determining if a material does or does not contain asbestos is not recommended.

This is a summary of the report. The report must be read in its entirety, and the reader must review all the detailed information provided in the body of the report prior to making any interpretations, or conclusions pertaining to the information. Any conclusions made by the reader about the information provided in the body of this report which are contradictory or not included in this report are the responsibility of the reader.

Asbestos
On April 1, 2022, Entek performed a survey specific to areas designated by Jeff Nittka, Associate Landscape Architect for the City of Sacramento, which included the Robertson Park Restrooms.

ENTEK
Hazardous Materials Survey Report – Robertson Park – Restroom Demolition Project 4 None of the materials collected were determined to contain asbestos. Specifics pertaining to individual materials are found in later parts of this report.

Lead
Entek investigated existing paints in an effort to determine if lead was present in these materials. The orange paint on the metal roof system contains more than 5,000 parts per million (ppm) lead and is classified as lead-based paint (LBP). If more than 100 square feet of this paint is impacted by a “trigger task”, prior notification to Cal/OSHA will be required.

The dark brown paint on metal door was determined to contain lead in amounts less than 5,000 ppm and is classified as lead containing paint (LCP). Any work designated by California Occupational Safety Health Administration (Cal/OSHA) as a “trigger task” which will impact these paints, coatings, or materials must be done by properly trained personnel, in compliance with all lead related Cal/OSHA regulations and requirements.

All other paints expected to be impacted by this demolition project were all reported to less than the laboratory reporting limit of 100 ppm.

Introduction
This report presents results of an asbestos and lead survey performed by Entek which included specific interior and exterior areas of the Robertson Park Restrooms located at 3525 Norwood Avenue in Sacramento, California.

The inspection was conducted by Mr. Jonathan Gonzalez on April 1, 2022, under the supervision of Mr. Blake Howes. Mr. Jonathan Gonzalez is a Cal/OSHA Certified Site Surveillance Technician (CSST) and a State of California Department of Public Health (CDPH) Lead Sampling Technician. Mr. Howes is a Cal/OSHA Certified Asbestos Consultant (CAC) and a State of California CDPH certified Lead Inspector/Assessor.

Building Description
The Restroom Structure is located north of Robertson Park by a set of playgrounds. This structure is a wood framed, one-story building on a concrete slab foundation. The restroom structure includes a Men’s Restroom, Women’s Restroom, Storage Room, and a Custodial Room. The interior finishes in the restrooms consist of concrete floors, concrete wall base, brick and mortar walls and plaster ceiling. The storage and custodial rooms included additional interior finishes such as a skim coat wall texture, along with drywall and joint compound. The exterior finishes consist of red brick and mortar walls, concrete masonry unit and a small section of built-up roofing. The rest of the pitched roof system is comprised of sheet metal with caulking around penetrations
Asbestos Inspection and Sample Collection Protocols
Entek included all specific designated interior and exterior materials that are expected to be impacted by the Robertson Park Restrooms Demolition Project included in this report.

ENTEK
Hazardous Materials Survey Report – Robertson Park – Restroom Demolition Project 5 Entek did not use any demolition methods to look within enclosed wall or ceiling cavities during this investigation. Entek did include all suspect materials observed in, on, or associated with the areas included in this report.

Bulk samples were collected of various materials suspected to contain asbestos by utilizing a power drill and coring tube, cutting the materials with a razor knife, or use of other appropriate hand tools.

Miscellaneous materials were collected from each homogenous area in a manner sufficient to determine whether the material is or is not ACM as required in 40 CFR Part 763, Asbestos-Containing Materials in Schools; Final Rule and Notice, published October 30, 1987.

Approximate locations of all samples collected during this inspection are indicated on the “Bulk Asbestos Material Analysis Request Form for Entek”, which served as the chain of custody for the samples, and on the sample diagram attached to this report.

Asbestos Bulk Sample Results
There were several materials observed which are considered “suspect” under US EPA guidelines. Under current US EPA guidelines for conducting building inspections for ACM, all "suspect" materials must be assumed to contain asbestos until otherwise determined by laboratory testing.

The samples of materials suspected of containing asbestos were submitted to Asbestech Laboratory, which is a National Voluntary Laboratory Accreditation Program (NVLAP) accredited laboratory to complete this analysis. These samples were subsequently analyzed by polarized light microscopy (PLM) with dispersion staining by the EPA 600R/R93/116 method.

The US EPA NESHAP and SMAQMD uses the terms Regulated Asbestos Containing Material (RACM), Category I, and Category II when identifying materials which contain asbestos in amounts greater than 1%. Cal/OSHA uses the term ACCM which indicates a manufactured construction material contains greater than 0.1% asbestos by weight by the PLM method. This definition can be found in Title 8, 1529.

A total of 17 bulk samples were collected of all “suspect” materials that were observed during this investigation. Some of those samples contained multiple layers which were individually analyzed to determine their asbestos content.

None of the materials sampled were determined to contain asbestos. Specifics pertaining to the materials sampled and the sample locations can be referenced in Appendix A.

US EPA AHERA uses three terms when determining the classification of a material for the purpose of sampling. These terms include miscellaneous, surfacing, and thermal system insulation (TSI).

ENTEK
Hazardous Materials Survey Report – Robertson Park – Restroom Demolition Project 6 Miscellaneous materials are building materials on structural components, structural members or fixtures, such as floor and ceiling tiles, and do not include surfacing material or TSI.

Surfacing materials are materials that are sprayed-on, troweled-on, or otherwise applied to surfaces, such as acoustical plaster on ceiling and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes.

TSI is material applied to pipes, fittings, boilers, breeching, tanks, ducts, or other structural components to prevent heat loss or gain, water condensation, or for other purposes.

The information provided in Appendix A of this report are for use by the Owner in determining where asbestos containing materials are located, and whether any future work may impact those materials. The information is also provided for use by any contractor who may perform work in areas impacting the materials listed in this report, and for use as appropriate by asbestos abatement contractors to provide costs related to work impacting ACM.

Any building materials which are considered “suspect” for containing asbestos which have not been identified in this report must be assumed to contain asbestos in amounts >1% until properly investigated and/or tested.

Materials commonly excluded from being suspected for containing asbestos include, but are not limited to: unwrapped pink and yellow fiberglass insulating materials or products, foam insulation, wood, metal, plastic, or glass. All other types of building materials or coatings on the materials listed above are commonly listed as “suspect” and must be tested prior to impact by a Contractor. Work impacting these untested or newly discovered materials must cease until an investigation can be completed.

Asbestos Regulatory Requirements
US EPA
The property included in this survey report is in Sacramento County. Sacramento Metropolitan Air Quality Management District (SMAQMD) has been given authority for enforcement of the NESHAP regulations by means of their own rules (Rule 902 Asbestos).

A demolition is the wrecking, taking out, or burning of any load supporting structural member. A renovation is everything else. 10 day written notification to the US EPA Region IX, CARB or local AQMD is required prior to the performance of any demolition project regardless of asbestos being present or not. This notification would also apply to any renovation project which involves the wrecking, taking out, or burning of any load bearing structural member during a renovation as well.

Since none of the materials sampled were determined to contain asbestos, a 10-day notification to the SMAQMD is not required to be submitted prior to starting work for asbestos reasons.

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Hazardous Materials Survey Report – Robertson Park – Restroom Demolition Project 7 Cal/OSHA
Disturbance of any ACM or ACCM could generate airborne asbestos fibers and would be regulated by Cal/OSHA. Cal/OSHA worker health and safety regulations apply during any disturbance of ACM or ACCM by a person while in the employ of another. This is true regardless of friability or quantity disturbed.

Since none of the materials anticipated to be impacted as part of this project were determined to contain asbestos, a licensed asbestos contractor, certified by the State of California, and registered with Cal/OSHA is not required to perform the demolition work.

Lead Sampling Results
Five bulk samples of the painted surfaces expected to be impacted in the upcoming Restroom Demolition Project were collected and submitted to MicroTest Laboratories, Inc. (MicroTest) located in Rancho Cordova, California. The bulk samples (paint chips) were analyzed utilizing the NIOSH 7082 method (including the EPA 7000B and EPA 7420 methods) utilizing flame atomic absorption spectroscopy. MicroTest is accredited by the Environmental Laboratory Accreditation Program (ELAP) to perform the analysis. Results of the analysis are listed in the following table and further details are in Appendix B.

Paints/Coatings/ Materials Determined to be Lead Based Paint (LBP) by Flame AA Paint/Coating
Color or Material
Component Location Lead Content
(ppm)
Condition
Orange Paint Metal Roof Restroom Structure
Metal Roof System
46,154 Damaged
Paints/Coatings/ Materials Determined to be Lead Containing Paint (LCP) by Flame AA Paint/Coating
Color or Material
Component Location Lead Content
(ppm)
Condition
Dark Brown Paint Metal Door Restroom Metal Door
Frame and Door. Metal
Bars in Restrooms
217 Intact
Paints Determined NOT TO Contain Lead (<100 ppm)
Paint Color Building Component
Tan Paint Plaster Ceiling – Men and Women’s Restroom
Tan Paint Drywall Wall – Storage and Custodial Room
LBP - Materials/coatings/paints meeting the definition of lead-based paint as defined by the CDPH and the US EPA, currently defined as containing lead in concentrations equal to or greater than 1.0 mg/cm2, 5,000 ppm, or 0.5% by weight.

LCP - Materials/coatings/paints which contain measurable amounts of lead. The ENTEK
Hazardous Materials Survey Report – Robertson Park – Restroom Demolition Project 8 disturbance of these materials/coatings/paints is regulated by Cal/OSHA.

Paints determined “NOT TO” contain lead for the purposes of this report are those samples which when analyzed did not indicate lead to be present at or above the reporting limit.

This limit of detection was 100 parts per million (ppm). As a result, any paints shown “NOT TO” contain lead will not require any special training or work practices related to lead when impacted.

Lead Regulatory Compliance
Any upcoming project which may result in the disturbance of lead containing products or surfaces but is not intended to remediate a lead hazard or specifically designed to remove LBP to reduce or eliminate a known hazard, would be considered “lead related construction work”.

Lead related construction work does not fit the classification of a “lead abatement project” under CDPH Title 17 regulations. “Abatement” is defined in Title 17, Division 1, Chapter 8, Article 1 as “any set of measures designed to reduce or eliminate lead hazards or LBP for public and residential buildings but does not include containment or cleaning.” A lead hazard is defined in Title 17, Division 1, Chapter 8, Article 1 as “deteriorated LBP, lead contaminated dust, lead contaminated soil, disturbing LBP or presumed LBP without containment, or any other nuisance which may result in persistent and quantifiable lead exposure.”
Lead related construction work means any “construction, alteration, painting, demolition, salvage, renovation, repair, or maintenance of any residential or public building, including preparation and cleanup, that, by using or disturbing lead-containing material or soil, may result in significant exposure of adults or children to lead”. (Title 17, California Code of Regulations, Division 1, Chapter 8, Article 1).

Currently, Cal/OSHA has not established a definition for LBP, nor have they established minimum concentrations where their regulations do not apply. Cal/OSHA regulates all construction activities involving materials containing lead, including LBP. These regulations are found in CCR, Title 8 Section 1532.1 (§1532.1) Lead in Construction.

Cal/OSHA has not established a concentration of lead in a product where their regulations do not apply, therefore, any disturbance to products containing lead come under the jurisdiction of Cal/OSHA and their regulations. Disturbance of paints/coatings or materials determined to be LBP may trigger a pre-work notification to Cal/OSHA if “trigger tasks” disturb 100 square feet or more of those paints/coatings or materials. Trigger tasks are described in Title 8 CCR 1532.1.

Fluorescent Light Tubes and Polychlorinated Biphenyls (PCBs) Fluorescent light tubes which contain mercury are considered a universal waste and must be packaged and recycled appropriately if they are removed from a building and not used again. The regulation, called the Universal Waste Rule, are in the California Code of Regulations (CCR), Title 22, Division 4.5, Chapter 23.

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Hazardous Materials Survey Report – Robertson Park – Restroom Demolition Project 9 Fluorescent light tubes are the bulb or tube portion of an electric lighting device and are commonly referred to as “lamps”. Examples of other common electric lamps considered to be universal wastes include, but are not limited to, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps. Any lamp which is not spent and has been designated to be reused is not classified as a waste and does not meet the requirements of a hazardous waste or a universal waste.

Spent lamps typically contain concentrations of mercury exceeding the established Total Threshold Limit Concentration (TTLC) and/or the Soluble Threshold Limit Concentration (STLC) values. Therefore, these lamps must be sent to an authorized recycle facility or to a universal waste consolidator for shipment to an authorized recycling facility.

At a minimum, if removed lamps will not be reused, they must be packaged in boxes/ packages/containers which are structurally sound, adequate to prevent breakage, and compatible with the content of the lamps. These packages must remain closed and be free of damage which could cause leakage under reasonably foreseeable conditions. Each container must be labeled or marked clearly with one of the following phrases: “Universal Waste Lamp(s),” or “Waste Lamp(s),” or “Used Lamp(s).” Entek recommends shipping any lamp not designated for reuse to a universal waste recycling facility once they have been packaged.

PCB containing light ballasts are to be considered a hazardous waste and must be properly manifested for transport to a hazardous waste facility. Any contractor who may perform PCB related work (inspection, removal, clean-up) must be trained and qualified to do so. All workers must also follow current OSHA regulations including 29 CFR 1910.120 and 8 CCR 5192, as well as, other applicable federal, state, and local laws, and regulations. While light ballasts marked “No PCB” are not considered a hazardous waste, they are considered a universal waste. As a result, removal, packaging, and disposal/recycling of these types of ballasts must be conducted in accordance with current regulations of Title 22.

Limitations
Entek inspected the interior and exterior specific areas of the Robertson Park Restroom for the upcoming Restroom Demolition Project as requested by Mr. Jeff Nittka. The survey does not include all other areas within Robertson Park. Therefore, the information provided in this inspection report may not be used to extend the inspection results to areas not included in this report without additional review and sampling as necessary.

Entek did not perform any destructive sampling to look into ceiling and wall cavities. As a result, it may be possible for materials to be hidden in these areas which are not included in this report. Entek also did not employ any destructive measures on floors of interior spaces or exterior areas covered with asphalt, concrete, or dirt.

If any new materials not listed as having been sampled or listed as assumed for containing asbestos in this report are discovered, the new material must be assumed to contain asbestos until properly inspected and tested for asbestos content.

Entek’s policy is to retain a full copy of these written documents for three years once the ENTEK
Hazardous Materials Survey Report – Robertson Park – Restroom Demolition Project 10 file is closed. At the end of the three-year period the written files will be destroyed without further notice. It is suggested copies of the file(s) are maintained as per your policy.

Entek will be providing only this electronic copy of the report and its attachments for your use. However, if you would like a hard copy of this report please do not hesitate to ask.

Entek will be happy to mail the report upon receipt of your request.

Thank you for choosing Entek for your environmental needs. Please call me at (916) 632- 6800 if you have any questions regarding this report.

Prepared by: Reviewed By:

Jonathan Gonzalez, CSST
Field Technician
Blake Howes, CAC, I/A
Senior Project Manager
Appendices
A. Asbestos Related Documents
B. Lead Related Documents
C. Backup Documents