Item 17 2024-01324 Agreement Purchase of Rip Rap Materials — Sacramento City Council, July 23, 2024

City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01324 7/23/2024 Consent Item 17.

Agreement: Purchase of Rip Rap Materials
File ID: 2024-01324
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to execute City Agreement PRC002965 with Nordic Industries for the purchase and delivery of rip rap materials for an amount not-to-exceed $500,000 over the five-year term.

Contact: Deanne Neighbors, Logistics Manager, (916) 808-3536, [email protected]; Doug Henry, Utilities Operations and Maintenance Superintendent, (916) 808-6955, [email protected]; Charley Cunningham, Utilities Operation and Maintenance Manager, (916) 808-5518, [email protected]; Pravani Vandeyar, Director, (916) 808-3765, [email protected]; Department of Utilities Presenter: None
Attachments:
1-Description/Analysis
2-Agreement
Description/Analysis
Issue Detail: The Department of Utilities (DOU) has an ongoing need for the purchase and delivery of rip rap materials to support flood control operations, levee armoring, and emergency repairs.

Policy Considerations: City Council approval is required for agreements of $250,000 or more per City Code 3.56.090.

Economic Impacts: None.

Environmental Considerations: The Community Development Department, Environmental Services Manager has determined that the proposed activity is not a project pursuant to the California Environmental Quality Act (CEQA). CEQA Guidelines Section 15378(b). The activity is a continuing administrative or maintenance activity involving the purchase of supplies and is not subject to CEQA. CEQA Guidelines Section 15060(c)(3).

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File ID: 2024-01324 7/23/2024 Consent Item 17.

Sustainability: The proposed contract is consistent with the 2040 General Plan’s goals and policies related to public facilities and safety, including providing reliable water, wastewater, and stormwater drainage service to the City of Sacramento: (PFS-3.1).

Commission/Committee Action: Not applicable.

Rationale for Recommendation: The Department of Utilities (DOU) has an ongoing need to purchase rip rap rock for flood control operations, levee armoring, and emergency repairs. In September 2023, a Request for Information (RFI) was issued to determine vendors that could supply rip rap materials that meet required US Army Corp of Engineers (USACE) standards. In September 2023, Invitation for Bid (B24141451706) was issued by DOU for rip rap materials. The bid was cancelled when it was determined during the question and answer period that more robust USACE specifications and testing requirements were needed. In March 2024, Invitation for Bid (B24141451708) was issued by DOU for rip rap materials. One bid was received from Nordic Industries; however, it was determined to be non-responsive due to a lack of required testing documents. The bid was cancelled.

DOU Engineering and Operations staff worked with Nordic Industries to obtain the required reports to verify Nordic’s rip rap materials meet the required USACE specifications for use in flood control operations, levee armoring, and emergency repairs.

City Code Section 3.56.230 does not require competitive bidding for purchases of $250,000 or more after advertising for bids as required and no valid bids are received. If this occurs, an alternative procurement method may be used, provided the use of such method is approved by the City Council.

A sole source procurement is proposed for this agreement as only one bid was received, and Nordic Industries is the only vendor that has proven to provide USACE approved rip rap materials.

Financial Considerations: Funding for the first year of this agreement of approximately $100,000 has been included in the proposed Fiscal Year 2024/25 DOU Budget. Funding for future fiscal years shall be subject to funding availability in the adopted budgets for the applicable fiscal year in an amount not to exceed $500,000 over the five-year term. Purchase orders encumbering funds under this agreement will not be created until needs and funding are identified in the applicable budget (operating, capital, multi-operating, or grants).

There are no general funds allocated or planned for this agreement.

Local Business Enterprise (LBE): Nordic Industries is not an LBE.

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Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC002965
CONTRACT NAME: Riprap Materials and Delivery
CONTRACT PROJECT #: N/A
DEPARTMENT: Utilities
DIVISION: Wastewater & Drainage

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

Nordic Industries, Inc.
1437 Furneaux Road Olivehurst, CA 95961
Phone: (530) 742-7124; email: [email protected]

(“Contractor”), as of the Effective Date, as defined below.

The City and Contractor agree as follows:

1. Effective Date. This Contract shall be effective beginning July 23, 2024.

2. Contract Documents. Th is 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 C ity the goods, materials, equipment or supplies (“Goods”) and the non- professional services (“Services”) described in Exhibit A (referred to collectively as “Goods and Services”).

Contractor will not be compensated for goods, materials, equipment, supplies, or non - professional 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 the Additional Goods and S ervices are outside the scope of Exhibit A; (b) Contractor estimates Form Approved by City Attorney 9-1-2020 Page 2
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. C ity shall pay C ontractor 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.

Access to City Facilities will be provided as needed for operations.

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:

Doug Henry / Utilities Operations and Maintenance Superintendent 5730 24th Street, Building 19
Sacramento, CA 95822
916-808-6955 / [email protected]

The CONTRACTOR Representative for this Agreement is:

Mike Rose
Nordic Industries, Inc.
1437 Furneaux Road Olivehurst, CA 95961
Phone: (530) 742-7124; email: [email protected]

Unless otherwise provided in this Contract, a ll 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.

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

3. 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.

4. Time of Performance. The Goods and Services described in this Contract shall be provided for one (1) year. The City may extend this Contract for up to four (4) additional one-year terms, for a maximum five-year term. Contractor shall provide the Goods and Services in accordance with any schedule in Attachment 1 to this Exhibit A.

5. Delivery and Inspection.

A. 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.

Form Approved by City Attorney 9-1-2020 Exhibit A - Page 2 Contractor assumes full responsibility for all transportation scheduling and costs, including costs for containers, packing, handling, and insurance. The City reserves the right 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 $ 500,000. 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 C ontractor’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 C ontractor’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 t he 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 C ontractor 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 C ontractor 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/Public - Works/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 C ontractor 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, C ontractor 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, non - owned 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 C ontractor (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 C ontractor 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 C ontractor 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 C ontractor’s employees or by any third party, including any state or federal agency, that an employer -employee rel ationship 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 C ontractor 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 C ontractor’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 C ontractor 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 C ontractor, 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 C ontractor.

It is further understood and agreed that C ontractor 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 s ection will survive any expiration or termination of this Contract .

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

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 C ontractor 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. C ontractor 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 C ity may specify in writing, C ontractor 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 C ontractor’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 C ontractor 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 othe r means of recording any fo rm of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. C ontractor 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. C ity shall make reasonable efforts to notify Contractor not later than ten days after C ity 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 C ity, 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 C ontractor, 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. C ontractor 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 C ontractor 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 C ontractor’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 non- emergency / 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 C ontractor. 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. C ontractor 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 desc ription, whether arising on or off the site of the work or services performed under this Contract, including, any fees and costs reasonably incurred by C ity’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 Contrac t 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 damage s 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 indepen dent contractors who are directly responsible to C ity, except when such agents, servants, or independent contractors are under the supervision and control of C ontractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor.

B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by C ity of any of the insurance policies or coverages described in this Contract does not affect or limit any of C ity’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 s ection 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. C ontractor 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 C ontractor 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 C ity 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 C ontractor 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, C ontractor 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 C ontractor, and by C ity, 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 C ontractor under this Agreement. In recognition of this interest, C ontractor shall not assign any right or obligation pursuant to this Contract without the written consent of the C ity. 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 ac tivities. 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 p osition 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 erron eous, the City may terminate this Agreement for default.

Atachment 1 to Exhibit A
Rip Rap Materials and Delivery for Slope Armoring

Special Provisions

1. The quan��es stated in the pricing schedule are only es�mates of the City’s requirements.

The Contractor shall furnish all materials, delivery, and unload materials in conformity with these speciﬁca�ons. The City has the sole discre�on to determine the delivery schedule and quan�ty of materials.

2. The City is not required to purchase all of the Goods listed, or to expend all available funding reﬂected in the pricing schedule.

3. Bidder Minimum Qualiﬁca�ons
• Bidder shall be regularly and con�nuously engaged in the business of providing riprap materials for at least one (1) year.
• Bidders shall possess all permits, licenses and professional creden�als necessary to supply products and perform services as speciﬁed under this IFB.

4. Quarry shall be located within the 70-mile radius of the Department of U�li�es Oﬃce located at 1395 35th Avenue Sacramento, CA 95822.

5. Bids will include delivery of materials FOB Des�na�on. Delivery will be to loca�ons within the City of Sacramento. All costs incurred with the deliveries must be included in the submited Pricing Schedule. No addi�onal charges will be allowed.

6. Materials to be delivered within the City of Sacramento as directed by City’s staﬀ: Typical delivery loca�ons are below but are not limited to:
• 3900 Roseville Rd., North Highlands, CA 95660
• 7760 Freeport Blvd, Sacramento, CA 95832
• 918 Del Paso Rd, Sacramento, CA 95834

6. All materials shall conform to the quality requirements as outlined in the atached speciﬁca�ons.

7. The City reserves the right to make mul�ple awards to provide alternate supply sources to ensure con�nuity of supply.

8. Any contract(s) resul�ng from this bid shall be eﬀec�ve for a period of one (1) year from the date of award with the op�on of up to four (4) addi�onal one-year extensions not to exceed ﬁve years at the sole discre�on of the City.

9. The prices quoted to the City shall be as low as or lower than those charged to the Contractor’s most favored customer for comparable quan��es under similar terms and condi�ons, in addi�on to any discounts for prompt payment.

10. A percentage discount shall be used to establish prices for future uniden�ﬁed requirements and/or to set pricing for items that may be replaced with newer models during the term of this contract.

Rip Rap Speciﬁcations
Rock Slope Protec�on (RSP)

PART 1 GENERAL
Work speciﬁed in this sec�on consists of furnishing all materials required for producing, transpor�ng, and stone protec�on.

1.1 DEFINITIONS

Stone Protec�on consists of Graded as deﬁned below.

1.1.1 Graded Stone

Graded Stone must be 100% angular rock material (virgin rocks). It is deﬁned as material with grada�ons produced by quarry mining technique and minimal addi�onal processing.

1.2 REFERENCES

The publica�ons listed below form a part of this speciﬁca�on to the extent referenced.

The publica�ons are referred to in the text by basic designa�on only.

ASTM INTERNATIONAL (ASTM)

ASTM C127 (2015) Standard Test Method for Density,
Rela�ve Density (Speciﬁc Gravity), and
Absorp�on of Coarse Aggregate

ASTM C131/C131M (2014) Standard Test Method for Resistance to Degrada�on of Small-Size Coarse Aggregate by
Abrasion and Impact in the Los Angeles Machine

ASTM C535 (2016) Standard Test Method for Resistance to Degrada�on of Large-Size Coarse Aggregate by
Abrasion and Impact in the Los Angeles Machine

ASTM C88 (2018) Standard Test Method for Soundness of
Aggregates by Use of Sodium Sulfate or
Magnesium Sulfate

Reports PART 2 PRODUCTS

2.1 MATERIALS

2.1.1 Source and Material Approval

Submit the Graded Stone Source and Material Approval (SD-01). Provide the name and loca�on of quarry, exploratory data and compliance test reports, and service records for approval. Make all arrangements, pay all royal�es, and secure all permits for the procurement, furnishing and transpor�ng of materials. The sources from which the Contractor proposes to obtain the material must be selected and meet the quality compliance test reports in accordance with paragraphs �tled Quality Compliance Tests for Stone Protec�on, Grada�on Sampling and Quality Compliance Tes�ng for Stone Protec�on, and Grada�on.

2.1.2 Quality Compliance

Test results and service records may be used to determine the acceptability of the stone protec�on materials. In the event compliance test reports and/or service records are not available, the material must be subjected to the tests outlined in these speciﬁca�ons to

determine its acceptability for use in the work. Before a proposed new source of stone will be considered for sampling and tes�ng, one of the following criteria must be met:

a. Cer�ﬁcate of compliance sta�ng that the materials are 100% angular rock (virgin stone).

b. A suﬃciently developed quarry opera�on to demonstrate that an adequate quan�ty of stone is available to fulﬁll the Contract requirement.

c. An exposed face plus suﬃcient explora�ons to demonstrate that an adequate quan�ty of stone is available to fulﬁll the Contract requirements.

2.1.3 Quality Compliance Tests for Stone Protection

Submit Grada�on Sampling and Quality Compliance Tes�ng for Stone Protec�on. Stone must meet the following test requirements:

Test Test
Method
Requirement
Speciﬁc Gravity (Bulk SSD) ASTM C127 2.50 Minimum
Absorption ASTM C127 2.0 percent Maximum
We�ng and Drying (1) SPD Test No Fracturing
Magnesium Sulfate (2) ASTM C88 10 percent max. Loss
Abrasion Loss ASTM C535
ASTM
C131/C131M
50 percent max. Loss

In addi�on to the above tests, subject the stone to a petrographic and x-ray diﬀrac�on analysis. The stone must not contain any swelling type of clay (illite or montmorillonite).

NOTE: (1): Test procedure we�ng-and-drying tests: The ini�al step of the test is the careful examina�on of the en�re sample and the selec�on of representa�ve test specimens. The piece should be large enough to produce two cut slabs, 1 inch thick (+/- 1/4 inch) with a minimum surface area of 30 square inches on one side. Two

chunks approximately three by four inches are also chosen. The slabs and chunks are carefully examined under a low power microscope and all visible surface features are noted and recorded. The specimens are then oven dried at 140 degrees Fahrenheit, for eight hours, cooled and weighed to the nearest tenth of a gram. The test specimens are photographed to show all surface features before the test. The chunks and slabs are then subjected to ﬁ�een cycles of we�ng and drying. One slab and one chunk are soaked in fresh tap water, and the other slab and chunk are soaked in salt water prepared in accordance with ASTM D1141. Each cycle consists of soaking for sixteen hours at room temperature and then drying in an oven for eight hours at 140 degrees Fahrenheit. A�er each cycle the specimens are examined with the low-power microscope to check for opening or movement of fractures, ﬂaking along edges, swelling of clays, so�ening of rock surface, heaving of micaceous minerals, breakdown of matrix material and any other evidence of weakness developing in the rock.

The cycle in which any of these ac�ons occur is recorded.

A�er ﬁ�een cycles, the slabs and chunks are again carefully examined and changes in the rocks are noted and recorded. The test specimens together with all ﬂakes or par�cles which come oﬀ during the test are oven dried, weighed and photographed.

NOTE: (2): The test must be made of 50 par�cles each weighing 100 grams (± 20 grams), in lieu of the grada�on given in ASTM C88.

NOTE: (3): Weakening and loss of individual surface par�cles is permissible unless bond of the surface grains so�ens and causes general disintegra�on of the surface material.

NOTE: (4): Sandstones which have a loss greater than the speciﬁed limit will be accepted if the Contractor demonstrates that the rock has a sa�sfactory service record.

2.1.4.1 General:

All points on each individual grading curve must be between the boundary limits as deﬁned by a smooth curve drawn through speciﬁed grading limits ploted on a mechanical analysis diagram. The individual grading curves must not exhibit abrupt change in slope deno�ng skip grading or scalping of certain sizes. Speciﬁed grading of all material must be met both at the source and as delivered to the project. In addi�on, reject material not mee�ng the required grading due to segrega�on or degrada�on during placement. If test results show that the stone does not meet the required grading, the hauling opera�on will be stopped immediately and will not resume un�l rock processing procedures are adjusted and a grada�on test is completed showing gradua�on requirements are met. All grada�on tests are at the expense of the Contractor.

2.1.4.2 Stone Protection:

Submit Grada�on Sampling and Quality Compliance Tes�ng for Stone Protec�on (SD-06).

Stone protec�on must be Graded Stone Type C, as speciﬁed below. Graded stone must be angular in shape. Neither the breadth nor the thickness of any piece of stone must be less than
one-third its length. Graded stone as placed in any por�on of the completed layer must meet the following grada�ons:

Grada�on for Stone Protec�on - Graded Stone Type C
Weight of Stones (lbs) Percent Finer by Weight
400 100
250 70-90
100 50-80
30 32-58
5 20-34
1 10-20
< 0.5 in 0-10

Gulf Shore Construction Services, Inc.
3362 Fitzgerald Road 3508 Tulane Ave., Suite 200
Rancho Cordova, CA 95742 New Orleans, LA 70119
July 14, 2023
Attn: Mike Rose
Nordic Industries, Inc.
1437 Furneaux Road
Olivehurst, CA 95961
Project Name: Nordic General Testing
GS Project No. 23-150
RE: Parks Bar Quarry : Quality Compliance
Dear Mr. Rose:

As requested, Gulf Shore Construction Services, Inc performed testing on the following sample set of material received from the subject site. The following sample was received on 4/13/23 and identified as:

Parks Bar Quarry Stone
The following tests were performed:

X-Ray Diffraction
Petrograpic Exam (ASTM C295-12 and D4992-14el)
Degradation – Wet/Dry (ASTM D5313/CRD-C 169)
Degradation – Freeze/Thaw (ASTM D5312/CRD-C 144)
Magnesium Sulfate Soundness (ASTM C88)
LA Abrasion (ASTM C535)
Coarse Specific Gravity (ASTM C127)
The results of the referenced testing are presented within the attached reports.

We appreciate the opportunity to be of service to you on this project and look forward to providing additional service, as needed, in the future. Should you have any questions or require add itional information, please contact our office at your convenience.

Respectfully submitted,
Josh Fayter
Project Manager
Parks Bar Quarry Testing
Attachment 2 to Exhibit A

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Petrographic Examinations (ASTM C 295), X-ray
Diffraction (XRD), and X-ray Fluorescence Spectroscopy
(XRF) of a Quarried Rock

Nordic General Testing
Parks Bar Quarry

Prepared for:

Gulf Shore Construction Services, Inc.

Project No. 23-150

May 26, 2023
CMC 0523136

Construction Materials Consultants, Inc.
222 Harvey Avenue
Greensburg, PA 15601 USA
Phone: 724-834-3551
Fax: 724-834-3556
www.cmc-concrete.com
Serving the Industry through Testing, Investigation, Evaluation, & Research

May 26, 2023
Justin Murphy
Gulf Shore Construction Services, Inc.
3362 Fitzgerald Road
Rancho Cordova, CA 95742

RE: Nordic General testing – Parks Bar Quarry Rock

Dear Mr. Murphy:

Construction Materials Consultants, Inc. (CMC) is pleased to provide the enclosed comprehensive report on ‘Petrographic Examinations (ASTM C 295), X-ray Diffraction (XRD), and X-ray Fluorescence Spectroscopy (XRF) of a Quarried Rock,’ from the above-referenced project.

The rock is determined to be altered metabasalt containing plagioclase and pyroxene as the two main minerals in a glassy groundmass, followed by minor dark disseminated opaque grains, and various secondary alteration products from dominant green palagonite glass and its alteration products as fine fibrous deposits of chlorite, secondary calcite mostly occurring as void fillings, zeoli te as void fillings, and occasional vein quartz. The rock displays typical fine -grained (aphanitic) texture of basalt along with subophitic texture from partial enclosures of subhedral plagioclase laths and subhedral to anhedral pyroxene grains, and spherulitic texture of radial laths of plagioclase microlites. X -ray diffraction (XRD) studies determined 48.9% plagioclase, 34.8% pyroxene (augite), 8 % quartz, 3.7% chlorite, and 4.6% calcite.

Energy-dispersive X-ray fluorescence spectroscopy (ED-XRF) determined 44.7% SiO2, 11.9% Al2O3, 9.6% Fe2O3, 17.6% CaO, 3.9% MgO, 3.1% Na2O, and less than 1% of other oxides.

Results, opinions, and conclusions presented herein are based on the information and sample provided at the time of this investigation. We reserve the right to modify the report as additional information becomes available. Neither CMC nor its employees assume any obligation or liability for damages, including, but not limited to, consequential damages arising out of, or in conjunction with the use, or inability to use this resulting information.

Sample will be returned after submission of the report, as requested. All reports are the confidential property of clients, and information contained herein may not be published or reproduced pending our written approval.

Please feel free to contact us with any additional questions. We look forward to providing our service again for your future projects.

Sincerely Yours,
CONSTRUCTION MATERIALS CONSULTANTS, INC.

Dipayan Jana, PG Shubham Mahajan, MS President, Petrographer Petrographer (Under Training)

DJ:jlh

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry

TABLE OF CONTENTS
INTRODUCTION .............................................................................................................................................. 1 QUARRIED ROCK ............................................................................................................................................. 1 METHODOLOGIES ........................................................................................................................................... 2 OPTICAL MICROSCOPY (ASTM C 295) ............................................................................................................. 2 X-RAY DIFFRACTION ........................................................................................................................................ 3 ENERGY-DISPERSIVE X-RAY FLUORESCENCE SPECTROSCOPY (ED-XRF) ........................................................ 3 RESULTS ............................................................................................................................................................ 4 THIN SECTION .................................................................................................................................................. 4 MINERALOGIES, TEXTURES, AND MICROSTRUCTURES FROM MICROGRAPHS OF THIN SECTION .............. 6 CHEMICAL COMPOSITION FROM X-RAY FLUORESCENCE SPECTROSCOPY (XRF) ....................................... 19 MINERALOGICAL COMPOSITION FROM X-RAY DIFFRACTION (XRF) .......................................................... 20 REFERENCES ................................................................................................................................................... 21 CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry 1

INTRODUCTION
Reported herein are the results of detailed laboratory testing of rock samples provided from Parks Bar Quarry for the Project: Nordic General Testing. The purposes of the present investigation are to determine mineral compositions, textures, and rock and mineral types in rock samples, followed by X -ray fluorescence spectroscopy (XRF) to determine bulk chemical co mpositions of rock samples, and X -ray diffraction (XRD) to determine mineralogical compositions and proportions of main mineral phases in the rock samples.

QUARRIED ROCK

Figure 1: Nine green colored rock samples as received, in dry, weathered conditions weighing 1350 grams, with largest sample measuring 110 mm x 50 mm x 30 mm.

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Nordic General Testing - Parks Bar Quarry 2

METHODOLOGIES
OPTICAL MICROSCOPY (ASTM C 295)
The rock samples were examined by following the methods of petrographic examinations according to ASTM C 295, “Standard Guide for Petrographic Examination of Aggregates for Concrete” including: (a) preparation of thin section of six rock samples (Figures 5 and 6); (b) optical microscopy of thin section for determination of mineralogical and textural characteristics , and rock types, (b) energy-dispersive X-ray fluorescence spectroscopy (XRF) for bulk chemical (major element oxide) compositions of rock samples, and (c) X-ray diffraction studies (XRD) for bulk mineralogical compositions of rock samples including proportions of main mineral phases.

After preparing thin section of rock samples
from trimmed billets, the thin section was
scanned on a flatbed scanner for plane and
cross polarized light images of entire thin
section by scanning the sections with a
polarizing filter and sandwiched between two
perpendicular polarizing filters, respectively.

For thin section preparation, representative
portions of rock samples were trimmed, then
typical thin sectioning steps were followed,
e.g., (a) coarse to fine grinding or lapping of a
trimmed side to create a precision flat surface,
(b) attachment of the smooth flat lapped
surface to a frosted standard -size (50 ´ 75 mm) glass slide with an UV- cured low-viscosity epoxy, (c) precision sectioning and precision grinding of glued rock in a thin-sectioning machine, (d) final thinning of rock section to 25-30 micron thickness on a glass plate, which is suitable for examinations in a petrographic microscope. i. Visual examinations of rock samples, as received, to select areas for detailed optical microscopy; initial digital and flatbed scanner photography of samples as received, ii. Examinations of epoxy -impregnated thin section in a transmitted- light stereozoom microscope (e.g., Olympus SZX microscope), and,
iii. Examinations of epoxy -impregnated thin section in a petrographic mi croscope (Nikon E600 POL) for detailed compositional, mineralogical, textural, and microstructural analyses.

Figure 2 shows various optical microscopes housed in our optical microscopy laboratory many of which were used for this study.

Figure 2: Optical microscopy laboratory that houses various petrographic microscopes used for this study.

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Nordic General Testing - Parks Bar Quarry 3

X-RAY DIFFRACTION
X-ray diffraction study was carried out to determine
mineralogical compositions and proportions of main
mineral phase of rock samples in a Bruker D2 Phaser
benchtop powder diffractometer (Figure 3) equipped with a Lynxeye 1D detector, a q-q goniometer, a Cu X-ray tube (Cu k-alpha radiation of 1.54 angstroms), a primary slit of 1 mm, a receiving sl it of 3 mm, a position sensitive 1D Lynxeye XE-T detector, generator settings used are 30 kV and 10mA (300 watt, scanned at 2q from 4° to 64° with
a step of 0.05° 2q integrated at 0.05 sec. step-1 dwell time.

The resulting diffraction patterns are collected by Bruker Diffrac.Suite software and analyzed by Jade software of MDI with ICDD PDF-4 database of diffraction data. Phase identification, and quantitative analyses were carried out with MDI’s Search/Match with Easy Quant with Rietveld
modules.

ENERGY-DISPERSIVE X -RAY FLUORESCENCE

SPECTROSCOPY (ED-XRF)
An energy-dispersive bench-top x-ray fluorescence unit
from Rigaku Americas Corporation (NEX -CG, Figure 4)
was used for determination of bulk chemical (oxide)
compositions of rock samples.

The instrument is calibrated by using various certified reference standards of rocks.

A representative portion of rock sample is trimmed, then pulverized down to minus US 325 sieve (finer than 45
microns size) in a Rocklab pulverizer with a grinding
aid/binder (7.5% binder by weight of sample), and then an aliquot of pulverized rock is pelletized (weighing
approximately 7 grams) to a 32 -mm diameter pellet in a 25-ton press. The pellet thus prepared is then used for both XRF and XRD studies.

Figure 3: Bruker D2 Phaser X-ray diffractometer used
for XRD study of rock samples.

Figure 4: Rigaku NEX -CG bench -top ED -XRF unit
used for bulk chemical (major element oxide)
compositions.

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry 4

RESULTS

THIN SECTION

Figure 5: Clear epoxy-encapsulated large-area (50 mm × 75 mm size) thin section of trimmed sections of six rock samples showing variations in textures and compositions among the samples . The image was taken on a flatbed film scanner with a polarizing filter placed on the thin section during scan to recreate plane polarized light view.

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry 5

Figure 6: Clear epoxy-encapsulated large-area (50 mm × 75 mm size) thin section of trimmed sections of six rock samples showing calcitic veins in aphanitic metabasalt displaying sub -ophitic texture. The image was taken on a flatbed film scanner where thin section was sandwiched between two perpendicular polarizing filters to recreate cross polarized light view.

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry 6

MINERALOGIES, TEXTURES, AND MICROSTRUCTURES FROM MICROGRAPHS OF THIN SECTION

Figure 7: Photomicrographs of thin section of rock sample 1 showing microcrystalline quartz veins (marked by white arrows) in aphanitic (fine-grained) metabasalt comprised of plagioclase laths (up to 0.5 mm long) and clinopyroxene (augite and diopside, < 0.5 mm size) displaying subophitic texture . Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, palagonite), vein quartz.

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry 7

Figure 8: Photomicrographs of thin section of rock sample 2 showing coarse-grained calcite (boxed) and near - spherical, glassy palagonite in interstitial spaces in aphanitic (fine -grained) metabasalt comprised of plagioclase laths and clinopyroxene (augite and diopside) often displaying spherulitic texture. Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, calcite).

Texture: Aphanitic (fine-grained), spherulitic texture of pyroxene microlites with plagioclase laths.

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry 8

Figure 9: Photomicrographs of thin section of rock sample 2 showing coarse-grained calcitic vein (marked by white arrows) and near-spherical, glassy palagonite in interstitial spaces in aphanitic (fine-grained) metabasalt comprised of plagioclase laths and clinopyroxene (augite and diopside) often displaying spherulitic texture. Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, calcite).

Texture: Aphanitic (fine-grained), spherulitic texture of pyroxene microlites with plagioclase laths.

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry 9

Figure 10: Photomicrographs of thin section of rock sample 3 showing coarse -grained calcitic Y -shaped vein (marked by white arrows) and green -colored chlorite microlites from palagonite glass in aphanitic (fine-grained) metabasalt comprised of plagioclase laths and clinopyroxene (augite and diopside) displaying sub-ophitic texture.

Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, palagonite, calcite).

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

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Nordic General Testing - Parks Bar Quarry 10

Figure 11: Photomicrographs of thin section of rock sample 4 showing coarse -grained calcite and calcitic veins (marked by white arrows) and altered green-toned chlorite microlites from glassy palagonite (boxed) in interstitial spaces in aphanitic (fine -grained) glassy groundmass of metabasalt, having plagioclase laths and clinopyroxene (augite and diopside) grains displaying subophitic texture. Photos were taken from a petrographic micros cope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, palagonite, calcite).

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

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Nordic General Testing - Parks Bar Quarry 11

Figure 12: Photomicrographs of thin section of rock sample 5 showing coarse-grained calcite (boxed) and calcitic veins (marked by white arrows), some of which includes higher order interference colored clinopyroxene crystals (marked by red arrows) and green-toned glassy palagonite (boxed) in interstitial spaces in aphanitic (fine -grained) glassy groundmass of metabasalt having plagioclase laths and clinopyroxene (augite and diopside) in subophitic textural arrangement. Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, palagonite, calcite).

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

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Nordic General Testing - Parks Bar Quarry 12

Figure 13: Photomicrographs of thin section of rock sample 6 showing subophitic texture of lath-shaped pyroxene and plagioclase crystals in a glassy groundmass. Also seen are dark opaque grains, green chlorite crystals and palagonite glass. Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, palagonite).

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

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Nordic General Testing - Parks Bar Quarry 13

Figure 14: Photomicrographs of thin section of rock samples showing coarse-grained calcite in voids surrounded by green-toned glassy palagonite in interstitial spaces of aphanitic (fine-grained) metabasalt displaying microlite of plagioclase laths often arranged in spherulitic textural arrangements . Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, palagonite, calcite).

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry 14

Figure 15: Photomicrographs of thin section of rock samples showing secondary alteration products of green-toned chlorite (Ch, marked by red arrows) in lath -shaped crystals of plagioclase (Pl) and pyroxene (Px) in fine-grained (aphanitic) metabasalt displaying subophitic texture.. Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, palagonite, calcite).

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

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Nordic General Testing - Parks Bar Quarry 15

Figure 16: Photomicrographs of thin section of rock samples showing spherulitic textural arrangement of plagioclase laths in metabasalt. Photos were taken from a petrographic microscope in plane and cross polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, palagonite, calcite).

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry 16

Figure 17: Photomicrographs of thin section of rock samples showing quartz vein ( Q, marked by white arrows), secondary calcite (C) and chlorite (Ch) alteration products in voids of fine -grained altered glassy groundmass of metabasalt. Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Min or opaque, secondary alteration products (chlorite, palagonite , zeolite, calcite).

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

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Nordic General Testing - Parks Bar Quarry 17

Figure 18: Photomicrographs of thin section of rock samples showing secondary alteration products of green-toned chlorite (Ch) and gray-toned zeolite (marked by red arrows) in lath-shaped crystals of plagioclase (pl) and pyroxene (Px) in a glassy groundmass of fine-grained (aphanitic) metabasalt displaying subophitic texture. Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, palagonite , zeolite, calcite).

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

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Nordic General Testing - Parks Bar Quarry 18

Figure 19: Photomicrographs of thin section of rock samples showing secondary alteration products of green-toned chlorite (Ch) and gray-toned zeolite in voids between lath-shaped crystals of plagioclase (pl) and pyroxene (Px) in a glassy groundmass in fine-grained (aphanitic) metabasalt displaying subophitic texture. Photos were taken from a petrographic microscope in plane (left) and cross (right) polarized light modes.

Mineralogy: Plagioclase, Pyroxene, Minor opaque, secondary alteration products (chlorite, palagonite, calcite).

Texture: Aphanitic (fine-grained), Subophitic texture of partial enclosures of plagioclase and pyroxene.

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Nordic General Testing - Parks Bar Quarry 19

CHEMICAL COMPOSITION FROM X-RAY FLUORESCENCE SPECTROSCOPY (XRF)

Table 1: Chemical (major element oxide) compositions of rock samples showing: (a) major amount of silica; (b) subordinate amount of calcium, alumina and iron; and (c) low level of magnesium and sodium as expected from metabasalt.

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Nordic General Testing - Parks Bar Quarry 20

MINERALOGICAL COMPOSITION FROM X-RAY DIFFRACTION (XRF)

Figure 20: X-ray diffraction patterns of rock samples showing major amount of albite from plagioclase laths and augite from metabasalt and subordinate amount of quartz, calcite (from veins) and chlorite.

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Nordic General Testing - Parks Bar Quarry 21

REFERENCES
ASTM C 295 “Standard Guide for Petrographic Examination of Aggregates for Concrete ,” Vol. 4.02, ASTM International, West Conshohocken, PA, 2016.

Jana, D., “Sample Preparation Techniques in Petrographic Examinations of Construction Materials: A State-of-the- art Review,” Proceedings of the 28 th Conference on Cement Microscopy , International Cement Microcopy Association, Denver, Colorado, pp. 23-70, 2006.

✪ ✪ ✪ END OF TEXT ✪ ✪ ✪

The above conclusions are based solely on the information and sample provided at the time of this investigation. The conclus ion may expand or modify upon receipt of further information, field evidence, or samples. Sample will be disposed after submission of the report as requested.

All reports are the confidential property of clients, and information contained herein may not be published or reproduced pen ding our written approval. Neither CMC nor its employees assume any obligation or liability for damage s, including, but not limited to, consequential damages arising out of, or, in conjunction with the use, or inability to use this resulting information.

CONSTRUCTION MATERIALS CONSULTANTS, INC.

Nordic General Testing - Parks Bar Quarry 22

END OF REPORT1

1 The CMC logo is made using a lapped polished section of a 1930’s concrete from an underground tunnel in the U.S. Capitol.

Sample Description Prior To Testing:

Picture Before Testing
Starting Weight:
3385.3
Sample Description After Testing: No changes to fractures.

Picture After Testing
Ending Weight:
3388.2
Test Method: COE CRD-C169
Sample Source: Parks Bar Quarry
PROJECT NUMBER: 23-150
Sample #
86233Nordic Industries General Testing

DURABILITY OF ROCK FOR EROSION CONTROL

UNDER WETTING AND DRYING CONDITIONS
Total Percent Loss After Thirty Cycles of
Wetting and Drying

0.0 May 18, 2023
Parks Bar Quarry
Dark green gray metamorphic rock. Side A: four fractures ≤0.04"wide and one ≤0.06" wide. Quartz veins and healed joints ≤0.03" wide. 3362 Fitzgerald Road, Rancho Cordova, CA 95742
Phone: (916) 939-4117 FAX: (916) 635-4315

Sample Description Prior To Testing:

Picture Before Testing
Starting Weight:
3453.1
Sample Description After Testing: No changes to fractures.

Picture After Testing
Ending Weight:
3455.5
Test Method: COE CRD-C169
Sample Source: Parks Bar Quarry
PROJECT NUMBER: 23-150
Sample #
86234
Parks Bar Quarry
Nordic Industries General Testing

DURABILITY OF ROCK FOR EROSION CONTROL

UNDER WETTING AND DRYING CONDITIONS
Total Percent Loss After Thirty Cycles of
Wetting and Drying

0.0 Dark green gray metamorphic rock. Surface fractures ≤0.01" wide and ≤0.06" wide.

Quartz veins and healed joints, minor veinlets across recrystallization zone.

May 18, 2023
3362 Fitzgerald Road, Rancho Cordova, CA 95742
Phone: (916) 939-4117 FAX: (916) 635-4315

Initial Immersion Fluid: Tap Water and Ethyl Alcohol (.5%) Sample Description Prior To Testing:

Picture Before Testing
Starting Weight:
3336.5
Sample Description After Testing: No change after test.

Picture After Testing
Ending Weight:
3338.5
Test Method: ASTM D5312
Sample Source: Parks Bar Quarry
PROJECT NUMBER: 23-150
Sample No.
86235
Nordic Industries General Testing

DURABILITY OF ROCK FOR EROSION CONTROL

UNDER FREEZING AND THAWING CONDITIONS
Total Percent Loss After Fifteen Cycles of
Freezing and Thawing

0.0 May 18, 2023
Parks Bar Quarry
Dark, green gray metamorphic rock. Wispy quartz carbonate veins. Healed joints ≤0.035" on both sides.
3383 Fitzgerald Road, Suite A Rancho Cordova, CA 95742 Phone: (916) 939-4117 FAX: (916) 635-4315

Initial Immersion Fluid: Tap Water and Ethyl Alcohol (.5%) Sample Description Prior To Testing:

Picture Before Testing
Starting Weight:
3048.3
Sample Description After Testing: No change after test.

Picture After Testing
Ending Weight:
3048.5
Test Method: ASTM D5312
Sample Source: Parks Bar Quarry
PROJECT NUMBER: 23-150
Sample No.
86236
Nordic Industries General Testing
Dark green gray metamorphic rock. Healed joints ≤0.048" wide. No visible fractures, some chipping

DURABILITY OF ROCK FOR EROSION CONTROL

UNDER FREEZING AND THAWING CONDITIONS
Total Percent Loss After Fifteen Cycles of
Freezing and Thawing

0.0 May 18, 2023
Parks Bar Quarry
3383 Fitzgerald Road, Suite A Rancho Cordova, CA 95742 Phone: (916) 939-4117 FAX: (916) 635-4315

Picture Before Testing Picture After Testing
Test Method: ASTM D5240
Sample Source:

PROJECT NUMBER: 23-150
Sample No.
86237
86238
3362 Fitzgerald Road Rancho Cordova, CA 95742
Phone: (916) 939-4117 FAX: (916) 635-4315
Salt crystal growth in fractures. Spalling with fragments weighing up to 77.7g broken off.

MAGNESIUM SULFATE SOUNDNESS

OF RIP RAP TEST RESULTS
Total Percent Loss After Five Cycles In
Magnesium Sulfate

2.2 Parks Bar Quarry
April 26, 2023
Nordic Industries General Testing
Parks Bar Quarry
Dark, green gray metamorphic rock. Fractures ≤ 0.01" wide. Fracture zone with fractures ≤ 0.01" wide. Healed joints ≤ 0.032" wide.

Sample Description Prior To Testing:

Sample Description After Testing:

Percent Loss Percent Loss
After 200 Revolutions After 1000 Revolutions

3.5 12.4
Test Method: ASTM C535
LAB NUMBER: 86177
PROJECT NUMBER: 23-150
Parks Bar Quarry
April 19, 2023
Nordic General Testing

LABORATORY TEST RESULTS
Resistance to Degradation of Large-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine
3326 Fitzgerald Rd, Rancho Cordova, CA 95742
Phone: (916) 939-4117

Bulk Bulk Specific Apparent
Sample Identification Specific Gravity Gravity, SSD Specific Gravity Absorption, % PBQ 2.75 2.76 2.78 0.4
Test Method: ASTM C127
PROJECT NUMBER: 23-150

COARSE AGGREGATE SPECIFIC GRAVITY
April 25, 2023
Nordic General Testing:

Parks Bar Quarry
3326 Fitzgerald Rd, Rancho Cordova, CA 95742
Phone: (916) 939-4117

Atachment 1 to Exhibit B
Pricing Schedule

Pricing Effective July 1, 2024 Through June 30, 2025
The quan��es stated in the pricing schedule are only es�mates of the City’s requirements. The Contractor shall furnish all materials, delivery, and unload materials in conformity with contract speciﬁca�ons. The City has the sole discre�on to determine the delivery schedule and quan�ty of materials.

The City is not required to purchase all of the Goods listed, or to expend all available funding reﬂected in the pricing schedule.

Item
No. Description of Item UOM Est
Qty Unit Price Extension

Taxable
(Y/N)
1 RIP RAP TON 2000 $23.20 $46,400 Y
2 MATERIALS DELIVERY
FEE TON 2000 $22.50 $45,000 N
SUBTOTAL $45.70 $91,400
SALES TAX @ 8.75% $2.03 $4,060
TOTAL $95,460

% DISCOUNT OFFERED FOR NON-LIST

ITEMS N/A

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:

PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:

LOCJECT

COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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.

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 have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
National Union Fire Ins Co of Pitts, PA
XL Specialty Insurance Company
AIU Insurance Company
5/31/2024
USI Insurance Services, LLC
Lic # OG11911
575 Market Street, Suite 3750
San Francisco, CA 94105
David Lobao
628 201-9001
[email protected]
Nordic Industries Inc.
1437 Furneaux Road
Olivehurst, CA 95961
19445
37885
19399
A X
X
X
GL9566141 06/01/2024 06/01/2025 5,000,000
300,000
10,000
5,000,000
10,000,000
10,000,000
A
X
X MCS-90 ENDT.

CA5425531 06/01/2024 06/01/2025 5,000,000
B X X
X 10,000
US00141191LI24A 06/01/2024 06/01/2025 10,000,000
10,000,000
C WC043478286 06/01/2024 06/01/2025 X
5,000,000
5,000,000
5,000,000
RE: Bid - RipRap Materials and Delivery for Slope Armoring (B24141451708) City of Sacramento, its officials, employees & volunteers are included as Additional Insured as it pertains to the General & Auto Liabilities in accordance with the terms and conditions of the policy. The General Liability is primary and non-contributory where required by written contract.

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
1 of 1
#S44955718/M44950275
NORDIINDClient#: 1565390
RFPZP
1 of 1
#S44955718/M44950275

POLICY NUMBER: 956-61-41
06/01/2024

Sacramento City CouncilJuly 23, 2024

Sacramento City Council
July 23, 2024