Item 10 2023-01068 Contract Award Contract for Robertson Park Restroom Replacement Project and Suspend Competitive Bidding for Restroom Purchase (Two-Thirds Vote Required) Part 2 — Sacramento City Council, September 12, 2023

ASBESTECH
11151 Sun Center Drive, Suite B
Rancho Cordova, California 95670
Tel.(916) 481-8902 [email protected] ______________________________________________________________________________ THE ANALYSIS USES POLARIZED LIGHT MICROSCOPY AND DISPERSION STAINING FOLLOWING E.P.A. METHOD 600/R-93/116. NON-FRIABLE MATERIALS WERE ANALYZED APPLYING THE SAME METHOD. THE LOWER DETECTION LIMIT IS <1 % WITH THE PROVISO THAT PLM MAY NOT DETECT FIBERS <0.25 MICRONS IN DIAMETER THAT MAY BE PRESENT IN SAMPLES SUCH AS FLOOR TILES. IN ACCORDANCE WITH TITLE 22, CCR, SECTION 66261.24(a)(2)(A),THE MCL IS 1 %. SAMPLES WERE NOT COLLECTED BY ASBESTECH. THIS REPORT MUST NOT BE REPRODUCED EXCEPT IN FULL WITHOUT THE APPROVAL OF ASBESTECH. THIS REPORT RELATES ONLY TO THE ITEMS TESTED. THIS REPORT MUST NOT BE USED TO CLAIM PRODUCT ENDORSEMENT BY N.V.L.A.P. OR ANY AGENCY OF THE U.S. GOVERNMENT. ASBESTECH ACCEPTS TECHNICAL RESPONSIBILITY FOR THIS REPORT AND DATE OF ISSUE.

LAB CODE 101442-0 LAB DIRECTOR: TOM CONLON ANALYST: JIM JUNGLES Entek Consulting Group, Inc. 22-6136 City of Sacramento 4200 Rocklin Rd., Suite 7 Robertson Park, 3525 Norwood Ave.

Rocklin, CA 95677 Sacramento , Ca

BULK ASBESTOS ANALYSIS REPORT
LAB JOB # 69380-2 NVLAP Lab Code 101442-0
Date/Time Collected: 4/1/22 CDPH # 1153
Date Received: 4/1/22 Date Analyzed: 4/4/22
Sample No. Color/Description % Type Asbestos Other Materials ECG-22-6136- 06B White skim coat wall texture , restroom NONE DETECTED Calcite structure storage room west of north wall
06C White skim coat wall texture , restroom NONE DETECTED Calcite structure custodial room center of south wall
07A White plaster ceiling , restroom NONE DETECTED Granular Mins. structure women’s restroom east of
restroom
07B White plaster ceiling , restroom NONE DETECTED Granular Mins. structure women’s restroom west of
restroom
07C White plaster ceiling , restroom NONE DETECTED Granular Mins. structure men’s restroom west of
restroom
08A Gray penetration caulking around NONE DETECTED Opaques electrical conduit , north of restroom Calcite
structure by custodial room entrance
09A Gray concrete masonry unit , exterior NONE DETECTED Granular Mins. partition wall for utilities

LAB CODE 101442-0 LAB DIRECTOR: TOM CONLON ANALYST: JIM JUNGLES Entek Consulting Group, Inc. 22-6136 City of Sacramento 4200 Rocklin Rd., Suite 7 Robertson Park, 3525 Norwood Ave.

Rocklin, CA 95677 Sacramento , Ca

BULK ASBESTOS ANALYSIS REPORT
LAB JOB # 69380-3 NVLAP Lab Code 101442-0
Date/Time Collected: 4/1/22 CDPH # 1153
Date Received: 4/1/22 Date Analyzed: 4/4/22
Sample No. Color/Description % Type Asbestos Other Materials ECG-22-6136-
10A Gray roof penetration caulking around NONE DETECTED Opaques exhaust pipe , center of restroom Polyethylene
structure roof system
11A Black built up roof, east of NONE DETECTED Tar Binder restroom structure roof system Synthetics
11B Black built up roof, center of NONE DETECTED Tar Binder restroom structure roof system Fibrous Glass

Cloud\Documents\Clients\City of Sac\22-6136 Robertson Park RR - HazMat Survey\Drawings Entek Consulting Group, Inc. 4200 Rocklin Road, Suite 7 Rocklin, CA 95677 Map Not to Scale City of Sacramento Robertson Park Restroom 3525 Norwood Avenue Sacramento, CA 95838 Asbestos Bulk Sample Locations Jon Gonzalez April 1, 2022 Project Number 22-6136 Women’s Restroom Men’s Restroom Storage Room Custodial Room Utilities 09A (-) 03A (-) 07C (-) 01A (-) 06A (-) 02A (-) 05A (-) 06B (-) 04A (-) 07A (-) 07B (-) 06C (-) 08A (-) 11B (-) 10A (-) 11A (-) 05B (-) 3525 Norwood Ave.

TBD
Robertson Park Restroom Structure
3525 Norwood Avenue Sacramento 1
Sacramento 95814
4-1-22
Blake Howes 13-5015
[email protected]
0 0 0 0 0 0 0
Mr. Jeff Nittka
Revised July 2017
Asbestos Renovation/Demolition
Notification Form
777 12th Street, 3rd Floor
Sacramento, CA 95814
Office (916) 874-4800
Fax (916) 874-4899
[email protected]
1 Building Department Permit Application # (if known) : ___________________________________________ Renovation (Do not complete Section 5) Demolition (Complete all sections)
Ordered Demo - Attach ordered demo letter
Emergency Demo - SMAQMD Emergency #: _____
2 Contractor Owner
Address Address
City, State / Zip City, State / Zip
Email Email
Telephone Telephone
3 Structure Name Renovation Area # of
Floors
Project Address City / Zip Year
Built
4 Preference for
return of form
E-mail : Other : DEMOLITION ONLY Start date must be at least 10 working days from the day of your postmark or hand delivery of this form. 5 Start Date ___ _/_ _/ ___ Completion Date __ /_ ___/_ __ Revision # 1 2 3 4 5 6 7 8 9 (circle)New Start Date ______/______/______ New Completion Date ______/______/______
Method of Demo (Check Applicable): Manual/Hand Tools Mechanical/Heavy Equipment Other Procedure to be followed if RACM is found or Category II material becomes friable:

I have read and understand the directions. The information on this form is true and accurate.

I certify that the asbestos survey conducted represents the facility as built. 6 Applicant Name (Print) Owner
Rep / Agent
Contractor
Permit may be issued on:

Phone Number
Date
Have DOSH Consultant complete and sign below OR attach completed Asbestos Survey Company Name Telephone
Surveyor Name DOSH # Survey Date
Analytical Method Pt Count Materials <10%? Yes No Declined by Client Amount of ACM Square Feet Linear Feet Cubic Feet
Amount of Category I Amount of Category II
Project Address City Zip
Suspect Materials Present? Yes No

SMAQMD USE ONLY
Date Received / Date Postmarked ______________ Date Approved & Returned ______________ Project # _____________ Check # _____________ Receipt # _____________ Amount Paid _____________ Staff _____________ CIty of Sacramento - Department of Youth, Park and Community Enrichment 915 I Street, 3rd Floor
Sacramento, CA 95814
[email protected]
(916) 808-5996
Roberston Park Restrooms Entire Structure
3525 Norwood Avenue Sacramento, CA
1 1970's/1980's
Entek Consulting Group, Inc.

Blake Howes
PLM by Dispersion Staining
0 0 0
0 0
3525 Norwood Avenue Sacramento 95838
(916) 632-6800
13-5015 4-1-22
RACM
Revised July 2017
Failure to comply with asbestos regulations can result in civil/criminal penalties as specified in CH&SC §42400-42402 PURPOSE:

Your project has been deemed jurisdictional by the US EPA and the Sacramento Metropolitan Air Quality Management District (SMAQMD). You will not receive a permit from the building department until you complete this form. SMAQMD will approve* and return this form to you to bring to the building department. In order to prevent the release of asbestos into the environment, you must properly identify and abate** all regulated asbestos materials prior to the start of your renovation or demolition project. You must first retain a certified Cal/OSHA asbestos consultant to conduct your asbestos survey and identify all regulated asbestos containing building materials. To properly abate the identified regulated materials, you must hire a licensed asbestos abatement contractor. You may d
DIRECTIONS:

The numbers below correspond to the item numbers on the front of this form.

1. Indicate the type of project using the following definitions:

DEMOLITION: The wrecking, taking out, disturbing, or burning of any load-supporting/structural member of any facility.

Common examples include impact to load bearing wall(s), roof rafter(s), razing/moving the entire structure.

RENOVATION: Any operation other than a demolition. Common examples would be tenant improvements and partial or complete remodels where load bearing walls are not being removed.

ORDERED DEMOLITION: The demo of a facility pursuant to an order of an authorized representative of a state or local government agency, issued because the structure is structurally unsound or in danger of imminent collapse.

EMERGENCY DEMOLITION: A renovation that results from a sudden, unexpected event that applies to the abatement of the immediate hazard and, that if not immediately attended to: presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. Ultimate approval of the use of this provision is left to the discretion of the Air Pollution Control Officer. Operations necessitated by non-routine failures of equipment are included.

2. Complete Contractor and Owner information. A contractor refers to the party doing the renovation/demolition work.

3. Structure Name: Any commercial/institution name for the structure.

Project Address: Provide structure address.

Renovation Area: Include name of area to be renovated (ex. bathroom , first floor , roof , etc.) and total size in square feet.

Number of Floors: Count basement as a floor.

Year Built: Age of the oldest portion of the structure that will be impacted by the project.

4. Select method of receiving form. To expedite the process use [email protected] for sending items to SMAQMD. If fees are due, payments can be made with GOV PAY @ https://www.govpaynow.com/gps/user/plc/7526 IF DEMOLITION, ORDERED DEMOLITION, OR EMERGENCY DEMOLITION PROJECT, COMPLETE SECTIONS 5 & 6.

FOR RENOVATION PROJECTS, SKIP TO SECTION 6

5. Project Dates: These are the actual dates the demolition will start and end. Although asbestos may not be detected or the survey indicates RACM less than 160 square or 260 linear feet, the start date must reflect at least 10 business days from the date of postmark/delivery to SMAQMD. In those instances, submit a $435 plan fee along with this form and your asbestos survey.

SMAQMD will verify that your information is complete and validate the form.

Revisions: You are required to notify SMAQMD of any information that may change after submittal of this form. Use the revision box for date changes. Date changes must be notified on or prior to the last notified date. Revisions may be faxed to (916) 874- 4899 or emailed to [email protected]. Circle the appropriate revision number each time you revise.

Indicate method of demolition.

Indicate procedures to be followed if RACM is found or Category II material becomes friable.

Cancellation Policy: Upon cancellation of a demolition project, a minimum administrative fee will be deducted from the original fees submitted. If a site inspection was conducted prior to the cancellation, there will be no refund of fees submitted.

6. Print and sign your name and indicate whether you are the owner, contractor, or representative / agent.

FOR CONSULTANT USE ONLY
You have the option of either having this section completed by your consultant OR submitting your full asbestos survey with an asbestos survey form completed and signed by your consultant. The RACM amounts listed are the amounts to be removed during this project. Please indicate if there were any suspect materials present to sample. Indicate whether point counting was conducted for materials with detectable asbestos in concentration <10%. *Approval will be a SMAQMD date stamp, which will specify that you have met SMAQMD survey requirements and indicate to the building department that you may receive your renovation or demolition permit on or after that date, provided you have met all other building department requirements. If the survey or this form is incomplete or inaccurate and cannot be approved, this form will be rejected and you will be contacted with an explanation of the problem. You will have to correct and resubmit forms to SMAQMD for approval. SMAQMD will make your form available within 2 working days of receipt. **Abatement is only required for renovations if the RACM is expected to be impacted during the project or if Category II materials are likely to become crumbled, pulverized, or reduced to powder during the course of the project.

ASSISTANCE AVAILABLE: SMAQMD business hours: M-F, 8-5pm. (916) 874-4800. View our website www.airquality.org for information on asbestos as well as this and other forms. Asbestos staff are available for personal consultations, M-F, 8:00 AM to 10:00 AM.

CLIENT INFORMATION JOB SITE INFORMATION
Date
Time
[email protected]
Units
Wt % PPM
Wt % PPM
Wt % PPM
Wt % PPM
Wt % PPM
Date
1 of 1
Company Entek Consulting Group, Inc SAMPLE Sampler Jon Gonzalez ***for office use only***
MicroTest Laboratories, Inc. | AIHA ELPAT #160934 Accession Numbers: 3110 Gold Canal Dr, Ste. A, Rancho Cordova, CA 95670 PH 916.567.9808 | FX 916.404.0302 L29388-92 www.microtestlabsinc.com | [email protected] Address 4200 Rocklin Road, Suite 7 Project City of Sacramento Name Ryan Metzen Friday, April 1, 2022 Job # 22-6136
Email [email protected] Sacramento, CA 95838
Rocklin, CA 95677 Site Robertson Park
Analytical Data
EPA METHOD 7420
Sample Accession Reporting Notes/
Phone 916.632.6800 MicroTest Laboratories Address 3525 Nordwood Avenue Comments
ECG-22-
6136-01Pb
L29388 Paint <0.01% 0.01%
ID Number Location Matrix Results Limits
<100
ECG-22-
6136-02Pb
L29389
Room
Paint <0.01% 0.01%
ECG-22-
6136-03Pb
L29390 Paint 0.02% 0.01%
ECG-22-
6136-04Pb
L29391
Structure
Paint <0.01% 0.01%
ECG-22-
6136-05Pb
L29392
Roof
Paint 4.62% 0.01%
Analytical Page #
Authorized Signatory:

Kelly Favero - Lab Manager
This report applies to the standards and procedures indicated and to the specific samples analyzed. Samples have NOT been corrected for blank values. EPA Method 7000B & EPA Method 7420=EPA 600R/R93/200 Preparation Modified & EPA 7000B & EPA 7420 Analysis Modified.

REPORT
Monday, April 4, 2022 Samples Received: 5
Samples Analyzed: 5
<100
217
<100
46154
Document # MT-A 1.1
L29388-92
Cloud\Documents\Clients\City of Sac\22-6136 Robertson Park RR - HazMat Survey\Drawings Entek Consulting Group, Inc. 4200 Rocklin Road, Suite 7 Rocklin, CA 95677 Map Not to Scale City of Sacramento Robertson Park Restroom 3525 Norwood Avenue Sacramento, CA 95838 Lead Bulk Sample Locations Jon Gonzalez April 1, 2022 Project Number 22-6136 Women’s Restroom Men’s Restroom Storage Room Custodial Room Utilities 03Pb 02Pb 04Pb 05Pb 01Pb 4-1-22
Lead Sampling per Cal/OSHA 1532.1
3525 Norman Avenue Sacramento Sacramento 95838
1970's/1980's City Park Restrooms
City of Sacramento 916-808-5540
915 I Street, 3rd Floor Sacramento California 95818
Entek Consulting Group, Inc. - Blake Howes (916) 632-6800 4200 Rocklin Road, Suite 7 Rocklin CA 95677
LRC-00003315 4-6-22
N/A
ENTEK
Photo Log
Job Number: 22-6136 Date: 4-6-22
Client: City of Sacramento
Site Address: Robertson Park – 3525 Nor Avenue, Sacramento, CA 1 View of Restroom Structure in Robertson Park. Inside View of Storage Room.

Inside View of Women’s Restroom View of Roof System. Built-up Roof was observed at the center of the Roof System.

MicroTest Laboratories, Inc.
3110 Gold Canal Drive
Rancho Cordova, CA 95670
6/30/2022
7/1/2020
2974

CALIFORNIA STATE

ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM

CERTIFICATE OF ENVIRONMENTAL ACCREDITATION
Is hereby granted to
Scope of the certificate is limited to the
which accompany this Certificate.

Continued accredited status depends on successful completion of on-site inspection, proficiency testing studies, and payment of applicable fees.

This Certificate is granted in accordance with provisions of Section 100825, et seq. of the Health and Safety Code.

Certificate No.:

Expiration Date:

Effective Date:

Sacramento, California
subject to forfeiture or revocation
__________________________________________________ Christine Sotelo, Chief Environmental Laboratory Accreditation Program
MicroTest Laboratories, Inc.

Rancho Cordova, CA 95670

CALIFORNIA STATE

ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM
Accredited Fields of Testing
Certificate No. 2974
Phone: 9165679808
Expiration Date 6/30/2022 3110 Gold Canal Drive
Field of Testing: 114 - Inorganic Chemistry of Hazardous Waste 114.130 001 Lead EPA 7420
Field of Testing: 115 - Extraction Test of Hazardous Waste 115.020 001 Toxicity Characteristic Leaching Procedure (TCLP) EPA 1311 (TCLP) 115.030 001 Waste Extraction Test (WET) CCR Chapter11, Article 5, Appendix II Field of Testing: 121 - Bulk Asbestos Analysis of Hazardous Waste 121.010 001 Bulk Asbestos EPA 600/M4-82-020
As of /2020 , this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 1 of 1 DE-300 Page 1 of 2 Rev. 03/13/2020
Development Engineering
300 Richards Blvd., 3rd Floor Sacramento, CA 95811
Phone: 916-808-8300
Fax: 916-808-1984

MINOR ENCROACHMENT

PERMIT INSTRUCTIONS
The following items shall be submitted to the Development Engineering Counter at address above. Only complete submittal packages will be accepted. Incomplete packages will be rejected and returned to the applicant.

1. Minor Encroachment Permit Application
Signed and dated by Owner

2. Site and Utility Plan
Drawn to scale
Show all existing surface and underground facilities with dimensioning to proposed work Dimension length and width of all trenching in the roadway Show easements and parcel lines/right-of-way lines

3. Traffic Control Plans
Traffic Control Plan (TCP) in compliance with the California Manual on Uniform Traffic Control Devices (MUTCD) http://www.dot.ca.gov/hq/traffops/engineering/mutcd/ Compliant with City s Sidewalk Closure Policy
Must on 11 x 17 (tabloid) size sheets

4. Liability Insurance
General liability coverage $500,000 combined single limit Standard Accord form on company letterhead
Signed by agent
City of Sacramento listed as certificate holder
City of Sacramento, its officials, agents, employees, and volunteers listed as additional insured Additional insured endorsement
A.M. Best Guide rating of A-VII or better
Issue date, policy s effective date, expiration date listed

5. Permit Deposit
Minimum deposit $300 (Street Use and Construction Encroachment Permits only) Deposit is calculated based on an estimated number of hours to review the application and inspection hours based on the proposed scope of work

6. Trench cut fee
The city assesses a trench cut fee based on the length and width of trenching work in the roadway
Examples of the site/utility plans, traffic control plans, and liability insurance can be found at the city s website at: http://www.cityofsacramento.org/Public-Works/Engineering-Services/Permits/Encroachment-Permits.

DE-300 Page 2 of 2 Rev. 03/13/2020
The City has 3 separate sub-categories and forms for Minor Encroachment Permits.

1. Blanket/Maintenance
a. These permits are reserved for maintenance and emergency work for existing franchise utilities only.
b. The use of this application for maintenance activities is limited to work on an existing facility in the right-of-way (ROW). If an existing facility will be replaced by a new facility that differs in any dimension or is relocated from its existing location, the Construction application must be used. c. Applicants that utilize this application form will have a financial account with the City from which the City staff bills their time against the account and monthly billing/invoicing is provided to the franchise utility company.
d. Currently, these are the only applications that can be submitted by email to [email protected] 2. Street Use
a. This type of permit is often referred to as a no dig permit. b. This application generally covers the following types of work: crane swinging into the ROW, dumpster, scaffolding over sidewalk, temporary signs, storage pods

3. Construction
a. This application covers a wide variety of work in the ROW including above grade and underground types of work/activities.
b. If the scope of work does not fall within the parameters outlined in the Blanket/Maintenance or the Street Use applications, this application is the correct application to utilize. c. This application is routed to the appropriate disciplines for review and approval as determined by the scope of work and is reviewed on a cycle basis.
d. If the application is not approved in Cycle 1, the applicant will not be permitted to submit Cycle 2 plans until Cycle 1 is closed out by all targeted disciplines. Cycle 1 is closed by each discipline by either approving the site plan or providing comments to the applicant. Cycle 2 plans shall address all comments provided by all disciplines.

For any questions regarding the Minor Encroachment Permit, please send email inquiries to [email protected].

RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 1 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST 21075-09

11.17.2022
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RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 2 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com

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RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 3 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
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RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 4 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
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RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 5 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
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RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 6 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
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RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 7 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
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RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 8 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
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RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 9 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 10 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 11 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 12 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 13 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 14 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 15 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 16 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 17 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 18 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 19 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 20 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 21 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
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RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 22 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
Phone: (858) 444-3344 www.RSTAVARES.com
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RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 23 of 57 DESIGN CONSULTING PROJECT MGT s
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wFDL wwall hwall wRDL
Wslab
Wtotal
Afooting
Wslab
b h d Fyf'c As_provide
Mu Mu
a As a As_req
As_req As_provide
Tempstl b h Tempstl As_provide
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 24 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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wFDL wwall hwall wRDL
b h d Fyf'c As_provide
Mu Mu
a As a As_req
As_req As_provide
Tempstl b h Tempstl As_provide
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 25 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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wFDL wwall hwall wRDL Ltrb
Lbm
Wtotal WTRF WTcmu_wall WTFL
Wtotal
Wbeam
Wtotal Ltrb Wbeam
b h d Fyf'c As_provide n
Mu Wbeam Lbm Mu
a As a As_req
As_req As_provide n
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 26 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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wFDL wwall hwall wRDL Ltrb
Lbm
Wslab wwall hwall wFDL wRDL_C Ltrb Wslab
b h d Fyf'c As_provide
Mu Wslab Lbm Mu
a As a As_req
As_req As_provide
Tempstl b h Tempstl As_provide
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 27 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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vPLY_R1.1.w
vPLY_R1.2.w
vPLY_R1.1.s
vPLY_R1.2.s
vPLY_5.w
vPLY_5.s
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 28 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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wroof Aroof sf
Wroof wroof Aroof Wroof lb
Lwall.L ft
Lwall.T ft
wc_wall wwall
Ac_trans Lwall.T hwall Ac_trans sf
Ac_long Lwall.L hwall Ac_long sf
Wc_wt wc_wall Ac_trans Wc_wt lb
Wc_wl wc_wall Ac_long Wc_wl lb
wplumb Nplumb
Wplumb wplumb Nplumb Wplumb lb
WBldg Wroof Wc_wt Wc_wl Wplumb WBldg
WBldg_top Wroof
Wc_wt Wc_wl Wplumb WBldg_top
WBldg_top_trans Wroof
Wc_wt Wplumb WBldg_top_trans
WBldg_top_long Wroof
Wc_wl Wplumb WBldg_top_long
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 29 of 57 DESIGN CONSULTING PROJECT MGT s
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WH
Wwind_LR WH
hbuild Broof Wwind_LR
Wseis_LR SeisCoef WBldg_top_long Wseis_LR
Wwind_TR WH
hbuild Lbuild Wwind_TR
Wseis_TR SeisCoef WBldg_top_trans Wseis_TR
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 30 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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Wwind_LR Wseis_LR

WIND - LONGITUDINAL- SHEAR WALLS SEISMIC - LONGITUDINAL - SHEAR WALLS w1 w1.4 w1.6 w2ft
R1.w Wwind_LR
w1
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R1.w R1.s Wseis_LR
w1
Lroof
R1.s
R1.4.w Wwind_LR
w1.4
Lroof
R1.4.w R1.4.s Wseis_LR
w1.4
Lroof
R1.4.s
R1.6.w Wwind_LR
w1.6
Lroof
R1.6.w R1.6.s Wseis_LR
w1.6
Lroof
R1.6.s
R2.w Wwind_LR
w2
Lroof
R2.w R2.s Wseis_LR
w2
Lroof
R2.s
Wwind_TR Wseis_TR
wA wA.3 wB

WIND - TRANSVERSE - SHEAR WALLS SEISMIC - TRANSVERSE - SHEAR WALLS RA.w Wwind_TR
wA
Broof
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wA
Broof
RA.s
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wA.3
Broof
RA.3.w RA.3.s Wseis_TR
wA.3
Broof
RA.3.s
RB.w Wwind_TR
wB
Broof
RB.w RB.s Wseis_TR
wB
Broof
RB.s
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 31 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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Wwind_LR Wseis_LR
L1r1
R1.w R1.s
L1
r1
L1.4 r1.4
R1.4.w R1.4.s
L1.4 r1.4
L1.6 r1.6
R1.6.w R1.6.s
L1.6 r1.6
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r2
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rA
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rA
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rA.3
LBrB
RB.w RB.s
LB
rB
rmax r1r1.4 r1.6 r2rArA.3 rB
rmax plf vPLY_R1.1
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 32 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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RA
RA.w RA.s
LALA_min
VA
RA
LA_min
VA
Lgable
Vgable
RA
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RA
L
Allow12screw
Allow12screw Vscrew GA2v
srafter in
GA2shear
GA2v
srafter
plf VAplf
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 33 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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RA.3 RA.3.w RA.3.s
LA.3
VA.3
RA
LA.3
VA.3
Lgable
Vgable
RA.3
Lgable Vgable
Vscrew
RA.3
L
Allow12screw
Allow12screw Vscrew GA2v
srafter in
GA2shear
GA2v
srafter
plf VA.3 plf
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 34 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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RB
RB.w RB.s
LBLB_min
VB
RB
LB_min
VB
Lgable
Vgable
RB
Lgable Vgable
Vscrew
RB
L
Allow12screw
Allow12screw Vscrew GA2v
srafter in
GA2shear
GA2v
srafter
plf VBplf
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 35 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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R1 R1.w R1.s
L1
V1
R1
L1
V1
Lgable
Vgable
R1
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Vscrew
R1
L
Allow12screw
Allow12screw Vscrew GA2v
srafter in
GA2shear
GA2v
srafter
plf V1plf
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 36 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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R1.4 R1.4.w R1.4.s
L1.4
V1.4
R1.4
L1.4
V1.4
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Vgable
R1.4
Lgable Vgable
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R1.4
L
Allow12screw
Allow12screw Vscrew GA2v
srafter in
GA2shear
GA2v
srafter
plf V1.4 plf
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 37 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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R1.6 R1.6.w R1.6.s
L1.6
V1.6
R1.6
L1.6
V1.6
Lgable
Vgable
R1.6
Lgable Vgable
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R1.6
L
Allow12screw
Allow12screw Vscrew GA2v
srafter in
GA2shear
GA2v
srafter
plf V1.6 plf
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 38 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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R2 R2.w R2.s
L2
V2
R2
L2
V2
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Vscrew
R2
L
Allow12screw
Allow12screw Vscrew GA2v
srafter in
GA2shear
GA2v
srafter
plf V2plf
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 39 of 57 DESIGN CONSULTING PROJECT MGT s
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A3 A9wire
Smin_H Smin_V
Smin_T

AH AH AV
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Areq_T AVSmin_T Areq_T
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Fv RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 40 of 57 DESIGN CONSULTING PROJECT MGT s
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h SeisCoef WH
Wseis wwall SeisCoef Wseis
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fv Fv RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 41 of 57 DESIGN CONSULTING PROJECT MGT s
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wwall psf H hwall hr H ft Wp wwall
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FpSds Wp Fpplf
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Vn_conc f'c Ac Vn_conc kips
Vn_conc_max
Ac Vn_conc_max kips
V Fplbf
V Vn RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 42 of 57 DESIGN CONSULTING PROJECT MGT s
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S in I in Z in fy psi
tw in h in Lwall E
Wwall Fp Wwall
V
Wwall Lwall V
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tw
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kv bend
kv E
fy
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Mu
fy Z
bend
Mu M Mu LL
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LL
vALLOW vALLOW
V
vALLOW V
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Wtotal
WH
VB
WH Wtotal SeisCoef VB
Fric AASHTO Table
VR
Wtotal Fric
VR
VBVR
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Mnk ft
S
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allow ksi
allow
n Mn
S
ksi
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 44 of 57 DESIGN CONSULTING PROJECT MGT s
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Tn
lbs Tallow lbs Tn Vallow lbs Vn Vn
lbs
RST#21075-09 PRC 11250, Charles Robertson Park, CA Page 45 of 57 DESIGN CONSULTING PROJECT MGT s
11590 W. Bernardo Ct. Ste. 100 San Diego, CA 92127
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LL
Wwind_TR
VL
LT
Wseis_LR
VT
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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)
NO
$267,521.00
Youth, Parks & Community Services
L19190100
The Public Restroom Company
Robertson Park Restroom Building Purchase and Installation $0.00
Rachel Trujillo [email protected]
Jeff Nittka
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #:

CONTRACT NAME: Robertson Park Restroom Building Purchase and Installation CONTRACT PROJECT #: L19190100
DEPARTMENT: Youth, Parks, & Community Enrichment
DIVISION:PPDS

CITY OF SACRAMENTO

GOODS AND NONPROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
Catherine A. Sherin, Chief Operating Officer
2587 Business Parkway, Minden, NV 89423
(888) 888-2060 ext. 103/[email protected] (“Contractor”), as of the Effective Date, as defined below.

The City and Contractor agree as follows:

1. Effective Date. This Contract shall be effective beginning the date it is fully executed by the duly authorized parties.

2. Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”):

Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A - Technical Specifications
Exhibit B – Payment
Exhibit C – Insurance
Exhibit D – General Conditions
Purchase Orders
If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control.

3. Goods and Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the goods, materials, equipment or supplies (“Goods”) and the nonprofessional services (“Services”) described in Exhibit A (referred to collectively as “Goods and Services”).

Contractor will not be compensated for goods, materials, equipment, supplies, or nonprofessional services outside the scope of Exhibit A (“Additional Goods and Services”) unless, before providing Additional Goods and Services: (a) Contractor notifies City and City agrees that Form Approved by City Attorney 9-1-2020 Page 2
the Additional Goods and Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Goods and Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Goods and Services and the amount of additional compensation to be paid Contractor.

City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Goods and Services” includes both Goods and Services and Additional Goods and Services as applicable.

4. Payment. City shall pay Contractor at the times and in the manner set forth in Exhibit B.

Contractor shall submit all invoices to City in the manner specified in Exhibit B.

5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any.

6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.

7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.

8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.

Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage.

A summary of the requirements, entitled "Living Wage Requirements", can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

The Living Wage Ordinance is applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.

Form Approved by City Attorney 9-1-2020 Page 3
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.

Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.58 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.58.

Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates.

10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.

Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable 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.

Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") are applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

Form Approved by City Attorney 9-1-2020 Page 4
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.

Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations.
[Signature Pages Follow Exhibits]

Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1

EXHIBIT A

TECHNICAL SPECIFICATIONS

1. Representatives.

The CITY Representative for this Agreement is:

Jeff Nittka, Project Manager

YPCE PPDS
915 I St., 3rd Floor, Sacramento, CA 95814
[email protected]
The CONTRACTOR Representative for this Agreement is:

Catherine A. Sherin, Chief Operating Officer
2587 Business Parkway, Minden, NV 89423
(888) 888-2060 ext. 103/[email protected] Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.

Scope of Services. Contractor shall provide Goods and Services to City as set forth in Attachment 1 to this Exhibit A.

Quantities. The quantities stated in Attachment 1 to this Exhibit A or Exhibit B are only estimates of the City's requirements. Contractor shall furnish Goods and Services at the prices quoted, in accordance with the City's available funds and actual needs as they occur throughout the term of this Contract.

The City is not required to purchase all of the Goods and Services listed, or to expend all available funding reflected in Exhibits A or B.

Time of Performance. The Goods and Services described in this Contract shall be provided June 30, 2024 Contractor shall provide the Goods and Services in accordance with any schedule in Attachment 1 to this Exhibit A.

Delivery and Inspection.

Delivery. Unless otherwise stated by the City in writing, delivery of Goods shall be made to the City address set forth in Exhibit A. All shipments are Free on Board (F.O.B.) destination with freight prepaid unless otherwise stated.

Contractor assumes full responsibility for all transportation scheduling and costs, including costs for containers, packing, handling, and insurance. The City reserves the right Form Approved by City Attorney 9-1-2020 Exhibit A - Page 2 to request and receive a copy of the freight bill of lading on all purchases shipped F.O.B. prepaid and added.

Time is of the essence in the delivery. If delivery cannot be made as specified in Exhibit A or as otherwise stated by the City, Contractor shall notify the City immediately to request instructions on how to proceed and shall not make delivery before receipt of instructions.

Periods of performance may be extended if, in the sole judgment of the City, the cause of delay justifies an extension.

B. Inspections: Goods will be inspected at the destination before acceptance by an authorized representative of the City for workmanship, appearance, proper functioning of all equipment and systems, and conformance to all other requirements of this Contract. The Goods shall be delivered to City free of any liens or encumbrances.

Notwithstanding the requirements for any City inspection and testing at the destination and except where specialized inspections or testing are specified for performance solely by the City, Contractor shall perform or have performed the inspections or tests required to substantiate that all Goods provided under the Contract conform to the drawings, specifications, and other Contract requirements, including, if applicable, the technical requirements for the manufacturer's part number(s) specified.

C. Deficiencies: If deficiencies in the Goods are discovered, Contractor shall correct and redeliver the Goods for re-inspection and acceptance. The period for payment and/or commencement of discount period (if applicable) does not begin until corrective action is complete. The cost of storing rejected Goods and the cost for shipping rejected Goods back to the Contractor or point of origin shall be paid by Contractor.

D. Inspection of Facilities: If requested by the City, Contractor shall provide the City with an inspection tour of Contractor's facilities where any Goods will be designed, manufactured, or assembled by Contractor.

6. Title/Risk of Loss. Title, ownership, and risk of loss or damage of the Goods remains with the Contractor until the Goods are delivered to, inspected, and accepted by the City, except when the loss or damage is due to the sole negligence of the City.

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1

EXHIBIT B

PAYMENT

1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Goods and Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 267,521.00. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.

2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.

3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.

4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal.

5. Price Adjustments for Goods. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the City at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The City must also be given the benefit of any decline in prices. If any price increase is granted by the City, the increase shall not be greater than 3% from the prior year.

6. Purchase Orders. Unless otherwise stated, a purchase order will be issued to the Contractor on behalf of the City. Purchase orders will cite the quantity of Goods or Services requested, the purchase amount, and time of performance. If the time of performance of this Contract extends beyond the close of the City's fiscal year, another purchase order may be issued. No purchase order supersedes any provision of this Contract. Contractor shall not deliver Goods or provide Services until Contractor receives a purchase order or other written notification by the City.

7. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.

A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date an invoice is received, whichever occurs later.

B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to:
[email protected]
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (2) Postal Mail. If emailing is not an option, mail to:

A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
C. All invoices submitted by CONTRACTOR must contain the following information:
(1) Job/Project Name
(2) CITY’s current Purchase Order Number
(3) Contractor’s Invoice Number
(4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
(6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
(8) Itemized description of items billed under Invoice
(9) Itemized description of all authorized Reimbursable Expenses (10) Itemized description of all applicable taxes (sales, use, excise, etc.) (11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable) D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.

E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading.

F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract.

8. Additional Goods and Services. Additional Goods and Services shall be provided only when a Supplemental Contract authorizing the Additional Goods and Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.

9. Billing Disputes. The burden of proof shall be on the Contractor to establish the accuracy of its invoices. Upon presentation and verification of the information provided by Contractor, the City will review all records and make a final determination and present its finding to Contractor.

10. Accounting Records of Contractor. During performance of this Contract and for a period of three Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice.

11. Sales Tax Requirements. The City is not exempt from paying sales tax. Sales tax must be shown on the invoice as a separate line item.

12. Use Tax Requirements. On out-of-state purchases, Contractor shall list its Use Tax Permit Number (if applicable) on the invoice, which authorizes Contractor to charge and collect California Sales Tax. The Purchase Order will include sales tax, if applicable to the purchase, regardless of whether an out-of-state Contractor collects California State sales tax or not.

The City shall pay Use Tax directly to the California Department of Tax and Fee Administration ("CDTFA") if the out-of-state Contractor is not required to collect California Sales Tax. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees as follows:

A. Use Tax Direct Payment Permit: For all leases and purchases of tangible personal property used to perform the Contract and shipped from outside California, Contractor and any subcontractor(s) leasing or purchasing such tangible personal property shall obtain a Use Tax Direct Payment Permit from the CDTFA in accordance with the applicable CDTFA 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 CDTFA 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 CDTFA and shall provide a copy of each remittance to the City.

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

13. Excise Tax Requirements. The City of Sacramento is exempt from the payment of Federal Excise Tax. An exemption certificate will be submitted to Contractor upon request. If Federal Excise Tax is applicable to the transaction, it must be so stated and excluded from the price.

14. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section.

15. Public Works Requirements. [To be completed by the City Representative:] The services provided under this Contract include [check one if applicable]:

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 ________ Construction work in an amount exceeding $25,000; ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre-construction, construction, or post-construction phases of the project; or
________ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000.

If any of the lines is checked above, this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements:

A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract.

This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative.

B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.

Further information can be found on DIR’s website at http://www.dir.ca.gov/PublicWorks/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the Contractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The Contractor shall disseminate these provisions to all subcontractors.

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 5 Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.

C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.

D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.

E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.

F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.

G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1

EXHIBIT C

INSURANCE

1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified 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.

Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.

2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required 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 the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and 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.

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 subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.

3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Automobile Liability Insurance is required 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 occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.

The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. ___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of 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 occurrence. The policy shall provide coverage for owned, nonowned and/or hired autos as appropriate to the operations of the Contractor.”

4. 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 contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it.

5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City.
___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required. ___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.”

6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions:

A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it.

B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.

C. Coverage shall state that Contractor's insurance applies separately to each insured Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.

7. Acceptability of Insurance. Insurance must 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 Exhibit C must be declared to and approved by the City in writing before execution of this Contract.

8. Verification of Coverage.

A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.

B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to:

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
C. Certificate Holder must be listed as:

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.

9. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor. A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract.

B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing.

C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor.

It is further understood and agreed that Contractor will issue W-2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors.

D. The provisions of this section will survive any expiration or termination of this Contract.

Nothing in this Contract creates an exclusive relationship between CITY and Contractor.

Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2

2. Licenses; Permits, Etc. Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State.

3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.

4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.

5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract.

Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent.

Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee.

6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances.

7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City.

Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent.

In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief.

8. Contractor Information.

A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.

B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract.

C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information.

D. The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4

9. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract.

10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession.

Contractor shall assign only competent personnel to perform on its behalf under this Contract.

Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member. If the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice.

11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract.

12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during nonemergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption

13. Term; Suspension; Termination.

A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.

B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.

C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract:
(1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City.
(2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.

15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense.

A. The Contractor agrees that the Goods and Services furnished under this Contract will be covered by the industry standard or better warranty.

B. Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract.

C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services.

D. City's inspections, approval, acceptance, or payment for all or part of any Goods and Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 Services will in no way affect City's warranty rights.

16. Indemnity.

A. Indemnity: Contractor shall defend, hold harmless and indemnify CITY, its officers and employees, and each and every one of them, from and against 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 or services performed under this Contract, including, any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real or intellectual property, damage to 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 this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts or omissions any of them may be liable, whether or not the Liabilities (1) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for any damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor.

B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract does not affect or limit any of City’s rights under this section, nor do the limits of any insurance limit the liability of Contractor hereunder. This section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B., above.

C. Survival. The provisions of this section will survive any expiration or termination of this Contract.

17. Funding Availability.

A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.

B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.

C. This Section shall govern over any other contrary provision of the Contract.

18. Equal Employment Opportunity. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees as follows:

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.” B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations.

C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.

D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.

E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including:
(1) Withholding of payments to Contractor under this Contract until Contractor complies;
(2) Cancellation, termination, or suspension of this Contract, in whole or in part.

F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8

19. Entire Agreement. This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code.

20. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract.

21. Severability. If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.

22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.

23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.

25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.

26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9

27. Debarment Certification
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;
(2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default. (5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.

B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.

C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.

D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.

Charles Robertson Park - Sacramento, CA | 3/3/2023| Reference # 11250-4/27/2022/1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 8
Price Proposal: Charles Robertson Park - City of Sacramento, CA Date: March 3, 2023
Reference: 11250-4/27/2022/1
Our Offer to Sell:

1. Restroom Building delivered to site.

Public Restroom Company herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention. (Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.)

2. Installation: Turnkey Installation of the Building above with retention allowed.

Public Restroom Company also includes in this two-part quotation our turnkey installation package for this building. Our national factory authorized installation team will:
a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for the buildings plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand you provide to us alongside the building pad and screed it level for final building placement. We will need onsite water availability for wetting the sand bed before building placement to consolidate the pad.
d. Set the building on the site pad.
e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel.

3. Owner/General Contractor Final Tie In of Utilities and other site work:

The exterior utility connections for water, sewer and electr the building are by owner/general contractor.

4. Remaining Total Cost of building and installation @ $ 267,521 ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B
Remaining
Charles Robertson Park - Sacramento, CA | 3/3/2023| Reference # 11250-4/27/2022/1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 2 of 8
OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS:

Scope of Work Background:

Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to side the foundation.

Preparation of Building Pad:

Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed drawings for the subgrade building if required the footings, attached to this scope of work.

Subgrade Pad/Foundation Requirements:

1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 1 fsets.

2. Excavate the existing site to the depth of the required footings to local code if required.

3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand.

Owner/General Contractor verification of site access to allow Building Delivery:

1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defin minimum width, 1 radius for a
actor-trailer.

2. Our cost is based upon the crane we provide being able to ge he building center and for the delivery truck to be no more than the crane center picking point.

3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General s responsibility for repair and all costs, if damage occurs.

4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor.

5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation.

6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with Gen onfirmation may call-off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor.

Installation Notice and Site Availability:

PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor shall make the site available during the delivery period. During the delivery period, on an ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B
Charles Robertson Park - Sacramento, CA | 3/3/2023| Reference # 11250-4/27/2022/1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 3 of 8
improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation.

Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner/General Contractor is received, PRC will provide a change order for remobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner/General Contractor shall sign the change order before we will continue delivery. -ke ding the hook up of utilities inside the
building (only) when they are available. PRC will use its own factory trained staff for the installation.

Utility Connections:

1. The Owner/General Contractor is responsible for flushing all water service lines before final connection.

2. The Owner/General Contractor is responsible for the final connections of water, sewer, and electrical at the exterior of building P

3. PRC provides a POC for water, a POC DWV waste line with a clean out your service connection, and an electrical schedule 80 PVC sleeve at an exterior POC.

4. PRC provides and connects the interior building utility connections and the Owner/General Contractor or their subcontractor vices.

Special Conditions, Permits, and Inspection Fees:

Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable.

Jurisdiction for Off-site Work: Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, we will provide a certified plan set, calculations, and a third-party engineer inspection report for any and all closed work the local official cannot see.

PUBLIC RESTROOM COMPANY SCOPE OF WORK:

Our In Plant/Off-Site Construction Scheduling System:

PRC has several off-site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high-quality fit and finish standards. PRC manages quality control in our off-site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When proprietary materials, ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B
Charles Robertson Park - Sacramento, CA | 3/3/2023| Reference # 11250-4/27/2022/1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 4 of 8
which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these proprietary PRC components. We then schedule the in-plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting.

Special Payment and Progress Billing Terms:

Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract.

The first progress billing invoice will be issued for the commencement of design and engineering of architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will commence monthly based on plant percentage of completion, supported by photographs.

In the event of project stoppage, additional fees may be assessed for re-mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs. Delivery and Installation:

Site Inspection:

PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connect m the exterior of the building.

Installation:

PRC will install the building turn-key, except for any exclusion (listed under Installation of Utilities under the Prefabricated Building:

We fabricate off-site an underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing.

We provide all the buildings under-slab piping including the driven electrical ground rod. The Owner/General Contractor brings f the pad and are responsible for final connections at that point.

Connection of Utilities Post Building Placement:

After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connect nd terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point of service connections at the nominal m building locations.

Electrical:

PRC provides the electrical conduit to the PO from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel.

PRC provides the POC up to om the building footprint and the Owner/General Contractor connects the water to our stub out location.

Sewer:

Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor will terminate the site sewer service.

Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection:

Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation.

Time of Completion:

PRC estimates a 240 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals from all authorities required to approve them.

Exclusions/Exceptions:

1. Access issues for delivery of the building by a clear unobstructed path of travel from an improved roadway to the final installation pad or foundation may cause site delays and extra cost at each site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes disallowing our delivery trailers with onl clearance to grade, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC. On some sites without on-site storage availability for buildings that cannot be set, relocation to a proximal crane yard and later relocated to the site for installation, will incur additional fees at rates that vary depending on local rates. PRC will provide written costs for this additional work by change order.

2. If weather on site causes site delivery issues, the delivery may have to be diverted to an off-site location and the additional costs will be a change order to the bid. Our staff works with the Owner/General Contractor in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes Owner/General Contractor take risks for weather, but this risk is clearly at the Owner/General Contractor risk, not PRC.

3. Sidewalks outside the building footprint.

4. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage or other site improvements if damaged during installation shall be the responsibility of the Owner/General Contractor.

5. Not responsible for removing any soil, sand, or other debris as a result of trenching or installation.

6. Survey, location of building corners, finish floor elevation, excavation, and construction of subgrade building pad and footings (if required) per PRC plans.

7. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90% maximum dry density shall require Owner/General Contractor correction before building placement. If no soils testing report is available before bid, Owner/General Contractor must verify site supporting soils at a minimum of 1500 PSF because that is the least we can place our structures on or Owner/General Contractor or engineer of record must design a foundation system to meet the imposed loads of site placement.

8. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for installation of a building internal diaphragm tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum of 40 PSI to properly flush the fixtures. Building water service chlorination, post installation, shall be by Owner/General Contractor.

9. Our bid included crane costs s from the center pin of the crane (1 k from the rear of the crane) to the building center point of the furthest building module roof. If additional distance requires a larger crane, additional costs will be assessed by change order to the Owner/General Contractor.

10. Bonds, building permits, a site survey, special inspection fees, minor trash removal (nominally one pickup truck of shipping materials), final utility connections to the on-site water, sewer and electrical are by the Owner/General Contractor. Since the building is fully inspected and tested in plant, minor plumbing leaks (if water is not available when building site work installation is completed) is by the Owner/ General Contractor.

11. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC.

12. Any equipment installation, site work or special inspections other than described within this proposal, shall be by Owner/General Contractor.

13. Backflow certification if applicable by Owner/ General Contractor.

Insurance and Prevailing Wage Certification:

PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations.

Special Insurance to protect the Building before acceptance:

As PRC requires payment for each month of off-site construction, and since the building is not on owner property where their insurance will cover the building, we maintain a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. This special policy protects th om ordered materials to be used in the fabrication of the building during this period. PRC provides this Stock Throughput Policy to cover the building materials from supplier to manufacturer, while it is being built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy has a $1,000,000 coverage limit. This exceeds the cost of any single building we have offered for sale herein.

ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B
7 of 8
Errors and Omissions Insurance:

Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings.

Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order.

WARRANTY
All work performed by PUBLIC RESTROOM C e warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner ut on-site supervision by Company. Company warranty on building shell including exterior walls, concrete d roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below.

Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance warranties beyond the one year period. The warranty extension is solely between the owner and PRC and not the general contractor, bonding company, or architect/engineer of record.

This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product.

The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness.

There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner.

Term of Offer to Sell and Owner/General Contractor Acceptance:

This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed withi bid documents. Acceptance is by approving our post bid preliminary notice to begin drawings subject to final Owner/General Contractor approval of our submittals and receipt of a contract or a purchase order/contract.

Special Notice of Possible Project Cost Increases as a Result of Late Payments:

In the event of delayed or late payment, PRC shall have the right to remedies including late charges and other damages as allowed by applicable law.

Charles Robertson Park - Sacramento, CA | 3/3/2023| Reference # 11250-4/27/2022/1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B
Charles Robertson Park - Sacramento, CA | 3/3/2023| Reference # 11250-4/27/2022/1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 8 of 8
Termination
Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for any non-returnable materials which were custom-ordered to complete fabrication in ctory location.

No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company.

Offered by: Public Restroom Company by _________________________________ Charles E. Kaufman IV, President
This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached.

Accepted by: _______________________________ _______________________________ Authorized Signature Date Signed _______________________________ _______________________________ Printed Name Legal Entity Name and Address ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B
www.PublicRestroomCompany.com PROJECT REF#: 11250-4/27/2022/1 2587 BUSINESS PARKWAY MINDEN NEVADA 89423 P: 888-888-2060 F: 888-888-1448 RESTROOM BUILDING CHARLES ROBERTSON PARK SACRAMENTO, CALIFORNIA ARTIST IMPRESSION: 3D RENDERING ONLY FOR REPRESENTATION. COLORS AND MATERIALS ARE SUBJECT TO CHANGE COPYRIGHT 2022, PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC RESTROOM COMPANY AND SHALL NOT BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY. FLOOR PLAN SCALE: NOT TO SCALE ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B
Date:

Bldg Size:

Type of Bldg:

CAP BEAM
Fascia 5x2 Steel Tube (HVR)
Vents SS Wire Mesh Stainless Steel Wire Mesh - Provide Removable Bug Screens and Lexan Cover Entire Building Ceiling (HVR) Bottom of Roofing
Vertical Seam 24 ga Metal Sales Vertical Seam 24 ga 12in. Panel Striations

ITEM DESCRIPTION

ROOF SYSTEM
Mechanical - To Cap Beam Block filler & paint To Cap Beam Mechanical - Above Cap Beam Painted OSB Above Cap Beam
Restrooms - Above Cap Beam Stucco Pattern FRC - Painted Above Cap Beam ROOM
Restrooms Below Cap Beam Block filler & paint To Cap Beam

FINISH HEIGHT

WALL FINISHES - INTERIOR
Wainscot Brick Veneer:HC Muddox Full Height
Cap Beam Cap Beam, Steel Tube, Painted

TYPE FINISH HEIGHT

WALL FINISHES - EXTERIOR

EXTERIOR WALLS - CMU BLOCK TYPE AND COLOR ROWS
Precision Exterior 4" CMU Precision Gray

WALL SYSTEM

BUILDING WALLS HEIGHT
Building Walls Height 7'4"
Site Address: 3525 Norwood Ave
City, State, Zip: Sacramento, CA 95838

SPECIFICATIONS
Project #: 11250
Project Name: Charles Robertson Park

TYPE OF BUILDING
Construction Type
HVR-MVR Wood
HYBRID Structural steel above cap beam and roof structure, with wood framed walls All
FINISH

FLOOR SYSTEM
Entire Building

ROOM/ITEM
11/18/2022
See Drawings
PS-033
Restroom
Exposed Concrete with Light Broom Finish with Integral Additive for Stain/Moisture Resistance ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B

DESCRIPTION
Metering Faucet Single Hole Metering Faucet, Chicago Model # 333-E2805-665PSHABCP - Tempered Hose Reel & Hose Hose Reel With 5/8"x75' Garden Hose
Hose Bibb- Interior Acorn #8121-LF - in the Chase
Pressure Booster Amtrol RP-25 PRO (requires elect)
Bladder Tank ProFlo PFXT5, (PRC)/ Amtrol 2 gal - no elect required Water Line Material
Valve Combo (No PRV) Valve Combo with No Pressure Reducing Valve Copper (Std)
Tempered Water to Lavs Thermostatic Mixing Valve, Acorn Model # ST70-12 Water Heater
Water Heater Stiebel DHC-E8 1-2 lavatories

FIXTURE/PART DESCRIPTION
Stiebel DHC-E3 1 lavatory

PLUMBING GENERAL
Floor Drains: W/Trap Primer Floor Drain Zurn # ZN460-2NH-5B W/Strainer / With Trap Primer Lever (Std) - Toilet Flush Valve Zurn W.C. Flush Valve 1.28 Ga Zurn # Z6143AV-HET-7L-BG Lavs - Stainless Steel Rear Connect Acorn # 1652LRB-1-DMS-03-M-316SS Toilets - Stainless Steel Acorn # 1675 W-1-HET 1.28 GPF-FVBO-ADA-PFS-316SS Knox Box 3200 Series Recessed

PLUMBING

FIXTURE/PART DESCRIPTION

ITEM LOCATION

RESTROOM SPECIALTY ITEMS

ITEM MANUFACTURER/DESCRIPTION
Utility Hook (Standard) Utility Hook, Bright Finish, Bobrick # B-670-PRC or Franklin Brass 5501 for Blazer Hand Dryer Fastaire HD03S Hand Dryer (Short)
Baby Changing Station Foundations 200-EH Stainless Steel 3-roll Toilet Paper Holders Royce Rolls TP-3 Stainless Steel Signage
Grab Bars Grab Bars Stainless Steel
Door/Wall Signs Polished Aluminum & Blue
ITEM

RESTROOM ACCESSORIES

MANUFACTURER/DESCRIPTION FINISH
Magnetic Locks (SAM) SAM Securitron System Piezo Exit Switch SDC 4630 Series Ives Crash Chain (Standard) Ives Crash Chain, # CS11526D20, US26D, 20.5, Crash Stop Chase Door Threshold (No Tile) Threshold Fluted Saddle Mill Finish Alum, 4" Wide #270A36 Chase Door Sweeps Pemko Door Sweep 321SSN36" Chase
Weather Strip Pemko Perimeter Gasketing (3' x 7' Door) # 303-C-S-3684 Chase Door Closer
Pull Plates

ITEM LOCATION
Rockwood-VRT24 "Z" (Standard w/Anti-Microbial) (Std)
LCN Closer, Model # 4211 Cush Arm (for Out Swing Door) Restroom Deadbolt SCHLAGE B600 series temporary large format core (std) ITEM
Hollow Metal Doors Hollow Metal: Galvanized 14 GA. Door w/ 14 GA Frame Continuos Hinge

DOORS - HARDWARE

DESCRIPTION

DESCRIPTION
ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B
100 amp Three Phase -

RECEPTACLES/SWITCHES, HEATERS, FANS, HVAC, LIGHTED SIGNS

ITEM DESCRIPTION LOCATION
GFCI
Switches Single Pole Single Pole (Adjacent to Panel)
Single Pole (Any Other Location) Restroom
Receptacles
Emergency Light Lithonia ELM2L Led 2 Head Led Emergency Light (Mechanical Room) Switches
Switches By Pass By Pass (To By Pass OCC Sensors) Chase Chase Lights C) Green AL-41L (small Chase) Waterproof 18 Watts Exterior Light W) Luminaire, Swoop Series YWP-610-OP-BRZ 15 Watts Lighting Control -Exterior- Photo Cell Intermatic Photo Control #EK4336S Interior Lights W/C) Luminaire, Swoop Series SWP1212-OP-BRZ-OCC 15 Watts Lighting Control -Interior- Light Fixture Integraded Occupancy Sensor (OCC) ITEM
Breakers Plug on (QOD)

LIGHTING
DESCRIPTION (W=WALL, C=CEILING)
Electrical Panel

ELECTRICAL

ITEM DESCRIPTION
120/240 v 27 Circuits
ATTACHMENT 1 TO EXHIBIT A & EXHIBIT B
Executed as of the day and year first above stated.

CITY OF SACRAMENTO
A Municipal Corporation
By: _____
Ryan Moore, Assistant City Manager
For: Howard Chan, City Manager
ATTEST: ______ City Clerk
APPROVED AS TO FORM: ______ City Attorney
Attachments
Exhibit A Scope of Work
Exhibit B Payment
Exhibit C Insurance
Exhibit D General Conditions
Exhibit E Additional Requirements for Surveying, Material Testing, and Inspection Services CONTRACTOR:

The Public Restroom Company

NAME OF FIRM
48-1289691
Federal I.D. No.
100 15414 1
State I.D. No.
1032542 (EXPIRES 12/31/2023)
City of Sacramento Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):

Corporation
______________________________________ Catherine A. Sherin, Chief Operating Officer [email protected]

8/24/2023
L/P Insurance Services LLC
300 East 2nd Street
Suite 1300
Reno NV 89501
April Malone-Goodrich
(775)996-6000 (775)473-9288
[email protected]
The Public Restroom Company DBA Public Restroom Company The Public Restroom Company DBA: PRC
2587 Business Parkway
Minden NV 89423
Transportation Insurance Co 20494
Valley Forge Insurance Co 20508
The Continental Insurance Company of New Jersye 42625
Copperpoint Premier Ins Co 12741
Houston Casualty Company 42374
Tysers Insurance Brokers Limited.

CL2362184159
A
X
X
X
7039765201 6/30/2023 6/30/2024
1,000,000
100,000
15,000
1,000,000
2,000,000
2,000,000
B
X
7039766638 6/30/2023 6/30/2024
1,000,000
C
x X
x 10,000 7039768325 6/30/2023 6/30/2024
5,000,000
5,000,000
G
D
Y
1027585 (CALIFORNIA) 6/30/2023 6/30/2024
WC928998795204 (OTHER STATES) 6/30/2023 6/30/2024
1027583 (NEVADA) 6/30/2023 6/30/2024
X
1,000,000
1,000,000
1,000,000
E PROFESSIONAL LIABILITY HCC2369023 6/30/2023 6/30/2024 Aggregate/Each Claim-Ded. $10,000 $2MILL/$2MILL F MARINE CARGO STOCK B0572MA227018 11/15/2022 11/15/2023 Any One Loss/Any One Conveyance $2MILL/1$MILL Project / Additional Interest Name(s): Project #L19911702, Bid/RFQ/RFP #Q9014541006, Sutter's Landing Park Building / The City of Sacramento, its officials, employees and volunteers and Owner See Attached Additional Comments/Remarks page for information regarding additional coverage terms and Additional Insured status.

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
[email protected]
A Malone-Goodrich/APR
The ACORD name and logo are registered marks of ACORD

ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER

STATUTE OTH- ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$ ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under DESCRIPTION OF OPERATIONS below
(Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS NON-OWNED

AUTOS AUTOS
AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person)
BODILY INJURY (Per accident) PROPERTY DAMAGE $$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD

ADDL WVDSUBR
N / A
$
$
(Ea accident)
(Per accident) OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext): PRODUCER
ADDRESS: E-MAIL
FAX
(A/C, No): CONTACT NAME: NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INS025 (201401)

INSURER(S) AFFORDING COVERAGE (CONTINUED)
POLICY #1027585 - INSURER G: Pacific Compensation Insurance Company, NAIC # 11555 POLICY #WC928998795204 - INSURER H: Argonaut Insurance Company, NAIC # 19801 Continued from Description of Operations Section:

NAMED INSURED: THE PUBLIC RESTROOM COMPANY
When Named Insureds operations are performed for Certificate Holder and/or entities listed in Description of Operations on the Acord 25 form pursuant to a valid written contract or agreement executed by Named Insured prior to loss, in accordance with the noted policy(ies): Additional Insured Status is determined by attached GL Form #CG2010 12/19, #CG2037 12/19, #CNA74705XX (1-15), #CNA75079XX (10-16) and Auto form #SCA 23 500 D (10-2011); Waiver of Subrogation Status is determined by GL Form #CNA74705XX (1-15), Auto form #CA 04 43 11/20, Workers Compensation form (Nevada) #WC 00 03 13 4/84, Workers Compensation (California) #WC 99 03 15, Workers Compensation (other states) #WC 00 03 13 4/84; Primary and Non-Contributory Status is determined by GL Form #CNA74705XX (1-15), Auto form #CNA71527XX (10-2012). Per Project Aggregate status is determined by GL form #CNA74705XX (1-15).

POLICY NUMBER: 7039765201 COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
BLANKET AS PER WRITTEN CONTRACT. BLANKET AS PER WRITTEN CONTRACT.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

Page 2 of 2 ends

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

POLICY NUMBER: 7039765201 COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

BLANKET AS REQUIRED BY WRITTEN CONTRACT BLANKET AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

COMMERCIAL AUTO
CA 04 43 11 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION) –

AUTOMATIC WHEN REQUIRED BY WRITTEN

CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

The Transfer Of Rights Of Recovery Against
Others To Us Condition does not apply to any
person(s) or organization(s) for whom you are
required to waive subrogation with respect to the
coverage provided under this Coverage Form, but
only to the extent that subrogation is waived:

A. Under a written contact or agreement with such
person(s) or organization(s); and
B. Prior to the "accident" or the "loss."

RESOLUTION NO. 2023
Adopted by the Sacramento City Council
September 12, 2023
Contract, Fund Transfer and Suspend Competitive Bidding for Robertson Park Restroom Replacement Project

BACKGROUND
A. Robertson Park is a 9.18-acre park located at 3525 Norwood Avenue (Council District 2). The proposed project consists of replacing the restroom and site improvements.

B. City Code Chapter 3.60 identifies the requirements for bids for public works projects and procedures for awarding contracts over $250,000.

C. Pursuant to City Code Section 3.60.020, it was determined that Saenz Landscape Construction Company was the lowest responsive, responsible bidder with a base bid and additive alternate totaling $378,536.

D. Additional funding for the Robertson Park Restroom Replacement project (L19190100) is necessary to award the construction contract and restroom purchase.

E. Staff is seeking approval to award a sole source contract with Public Restroom Company for the restroom building purchase.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. The construction plans and specifications for Robertson Park Restroom Replacement project are approved.

Section 2. The award of the contract for the Robertson Park Restroom Replacement project with Saenz Landscape Construction Company for the total base bid amount of $378,536 is approved.

Section 3. Transfer of $241,000 from the Robla Community Park Phase 4 (L19155600) Measure U Fund (Fund 2401) to the Robertson Park Restroom Replacement project (L19190100) is hereby approved.

Section 4. Suspending competitive bidding in the best interest of the City for the Robertson Park Restroom Replacement project building purchase is approved by a two- thirds vote.

Section 5. The award of the contract for the Robertson Park Restroom Replacement project with Public Restroom Company for the total amount of $267,521 is approved.

Section 6. City Manager or the City Manager’s designee approve to execute contracts with Saenz Landscape Construction Company and Public Restroom for the Robertson Park Restroom Replacement project.

Sacramento City CouncilSeptember 12, 2023

Sacramento City Council
September 12, 2023