Sacramento City Council
July 1, 2025

City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01121 7/1/2025
Appropriation of Grant funds and Contract Award for Woodlake Park Walkway Improvements Project (L19147200)
File ID: 2025-01121
Location: District 2
Recommendation: Adopt a Resolution: 1) authorizing the Interim City Manager or designee to increase the revenue and expenditure budgets from Bridge Housing-Affordable Housing Sustainable Communities (AHSC) program grant in the amount of $730,625 in Woodlake Park Walkway and Lighting Improvements Project (L19147200) (Fund 3704); 2) approving the construction plans and specifications for the Woodlake Park Walkway Improvements (L19147200); 3) awarding Woodlake Park Walkway Improvements contract to Parker Landscape Development, Inc. in the amount of $587,341; and 4) authorizing the City Manager or the City Manager’s designee to execute the contract with Parker Landscape Development Inc. and any agreements required to accept the grant funding awarded for this project.

Contact: Jeff Nittka, Senior Landscape Architect, (916) 808-5996, [email protected]; Jason Wiesemann, Park Planning & Development Services Manager, (916) 808-7634, [email protected]; Department of Youth, Parks, and Community Enrichment Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
3-Contract - Parker Landscape Development, Inc
4-Contract - State of California, Affordable Housing Sustainable Communities Grant for Sustainable Transit Infrastructure Projects
Description/Analysis
Issue Detail: Woodlake Park is a 6.04-acre park site, located at 500 Arden Way, Council District 2.

This project is expected to be completed by the end of 2025.

The City partnered with Bridge Housing on an application for AHSC grant funds for the 440 Arden Way affordable housing project as referenced in Resolution 2023-0083. The grant included

File ID: 2025-01121 7/1/2025
sustainable transit infrastructure funding for City bicycle and pedestrian improvements to the Arden Corridor and at Woodlake Park.

Bridge Housing received grant funding to develop a new affordable housing project at 440 Arden Way. The City is a sub-recipient of the grant awarded to Bridge Housing. The grant included $730,625 for the Woodlake Park Walkways and Lighting Improvement project.

A formal bid process for the site work was completed and Parker Landscape Construction Development was the lowest responsive bidder.

The Department of Youth, Parks, & Community Enrichment (YPCE) is seeking approval to award a construction contract to Parker Landscape Development, Inc. in the amount of $587,341. The Woodlake Park Walkways and Lighting Improvement project includes grading, demolition, concrete walkways, accessible ramps, electrical improvements, site lighting, and irrigation modifications.

Policy Considerations: As stated in City Council Resolution No. 2024-0193, Section 10.11, City Council approval is required to increase budget appropriations exceeding $250,000. City Code Chapter 3.60 provides that City Council approval is required to enter into construction agreements over $250,000. Providing parks and recreation facilities is consistent with the City’s strategic plan to enhance livability in Sacramento’s neighborhoods by expanding park, recreation, and trail facilities throughout the City.

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

The park construction project, in the amount of $587,341; is expected to create 2.35 jobs (1.35 direct jobs and 1.00 indirect jobs through indirect and induced activities). Furthermore, it will create $362,645 in total economic output ($228,578 of direct output and $134,067 of output through indirect and induced activities).

Environmental Considerations: The Community Development Department, Environmental Planning Services Division has reviewed this project and determined that it is exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 1, Section Number 15301 which consists of the operation, repair maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment and topographical features (City Park) involving negligible or no expansion of existing or former use.

File ID: 2025-01121 7/1/2025
Sustainability: The Woodlake Park Walkways and Lighting Improvement project has been reviewed for consistency with the goals, policies, and targets of the City’s Climate Action Plan for Internal Operations 2016 Update, the 2040 General Plan, the 2018 YPCE Strategic Plan, and the Parks Plan 2040. The park will advance the goals, policies, and targets of these plans by improving the health of all residents through access to a diverse mix of wellness activities.

Commission/Committee Action: None.

Rationale for Recommendation: The formal bidding process for the Woodlake Park Walkways and Lighting Improvements project was posted in accordance with City Code 3.60 and Administrative Policy AP-4002. The bid was opened on May 21, 2025. Staff received eight bids and the result is listed below:

CONTRACTOR Base Bid Additive
Alternates
Total Bid
Parker Landscape
Development
$470,618 $116,723 $587,341
Imagecon $490,710 $105,765 $596,475
Olympic Landscape
Construction, Inc.
$561,650 $118,170 $679,820
Cervantes $623,860 $85,000 $708,860
Saenz Landsape
Construction, Co.
$635,528 $79,457 $714,985
McGuire & Hester $710,543 $110,565 $821,108
B&M Civil, LLC. $711,500 $129,000 $840,500
FBD $799,980 $154,857 $954,837
The low bidder was determined based on the total bid amount. The Engineer’s Estimate for the base bid with additive alternate was $845,275.

Pursuant to City Code Sections 3.60.020 and 3.60.360 (E), it was determined that Parker Landscape Development, Inc. offered the lowest responsive bid, (based on the base bid plus additive alternates) and is a responsible bidder. The contract is recommended to be awarded for the base bid and additive alternate 1 through 4 in the amount of $587,341.

Financial Considerations: Acceptance of the Affordable Housing Sustainable Communities grant in the amount of $730,625 is necessary to award the contract. With the acceptance of the grant and approval of budgetary resolutions, there will be sufficient funding in the Woodlake Park Walkway and Lighting Improvements (L19147200) budget to award the contract.

Woodlake Park is an existing park, there is sufficient funding for maintenance and utilities costs.

File ID: 2025-01121 7/1/2025
Local Business Enterprise (LBE): At an LBE percentage of 5%, Parker Landscape Development, Inc. meets the 5% LBE participation requirement.

RESOLUTION NO. 2025-
Adopted by the Sacramento City Council
Appropriation of Grant Funds and Contract Award for Woodlake Park Walkway Improvements Project (L19147200)

BACKGROUND
A. Woodlake Park is a 6.04-acre park site, located at 500 Arden Way, Council District 2..

B. The City partnered with Bridge Housing on an application for Affordable Housing Sustainable Communities (AHSC) grant funds for the 440 Arden Way affordable housing project. The application included funding for the Woodlake Park Walkways and Lighting Improvement project, expected to be completed by the end of 2025.

C. Bridge Housing was awarded the grant funding. The City is a sub-recipient of the grant awarded to Bridge Housing.

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

Section 1. The Interim City Manager or designee is authorized to increase the revenue and expenditure budgets from Bridge House for the Affordable Housing Sustainable Communities Grant in the amount of $730,625 in Woodlake Park Walkway and Lighting Improvements (L19147200) (Fund 3704).

Section 2. The construction plans and specifications for the Woodlake Park Walkway and Lighting Improvements (L19147200) are approved.

Section 3. The award of the contract for the Woodlake Park Walkway Improvements Project with Parker Landscape Development in the amount of $587,341 is approved.

Section 4. The City Manager or the City Manager’s designee is authorized to execute the construction contract and any agreements required to accept the grant funding awarded for this project.

CONTRACT

ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.

General Information (Required)
Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________ Assessor’s Parcel Number(s): ________________________________________________________________ Contract Effective Date: _________ Contract Expiration Date (if applicable): _________ $ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________ Other Party: ______________________________________________________________________________ Project Title: _____________________________________________________________________________ Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________ City Council Approval: if YES, Council File ID#: __________ Contract Processing Contacts
Department: ______________________________
Contract Coordinator: _______________________
Project Manager: ___________________________
______ Department Review and Routing
(Signature)
(Signature)
(Signature)
_______________________________________________________________________________________ ------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ (Signature)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) (Signature)
NO
$587,341.00
Youth, Parks & Community Services
L19147200 B25191121008
Parker Landscape Development, Inc.

Woodlake Park Walkway Improvements
$0
Rachel Trujillo [email protected]
Jeff Nittka
Form approved by City Attorney 6-23-23 1

AGREEMENT
(Construction Contract Over $25,000)
THIS AGREEMENT, dated for identification , 20 , is made and entered into between the CITY OF SACRAMENTO, a municipal corporation (“City”), and Parker Landscape Development, Inc., 6011 Franklin Blvd., Sacramento, CA 9582 (“Contractor”) in the amount of $587,341.00.

The City and Contractor hereby mutually agree as follows:

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

Notice to Contractors
Proposal Form submitted by the Contractor
Instructions to Bidders
Subcontractor and Local Business Enterprise Participation Form Drug-Free Workplace Policy and Affidavit
Construction and Demolition (C&D) Debris Recycling Requirements Workers’ Compensation Insurance Certification
Federal or State funding requirements (if applicable)
Local Business Enterprise (LBE) Requirements
Requirements of the Non-Discrimination in Employee Benefits Code Ban-The-Box Requirements
Addenda, if any
This Agreement
Standard Specifications
Special Provisions
Plans and Technical Specifications
The drawings and other data and all developments thereof prepared by City pursuant to the Contract
Any modifications of any of the foregoing made or approved by City, including but not limited to duly authorized change orders
Unless specifically noted otherwise, references to the “Standard Specifications” shall mean and refer to the Standard Specifications for Public Construction of the City of Sacramento approved by the Sacramento City Council on November 10, 2020 (Resolution No. 2020-0354), and any subsequent amendments thereto approved by the Sacramento City Council or the Sacramento City Manager. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained in the Contract Documents are provided solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretation of the provisions to which they refer.

Form approved by City Attorney 6-23-23 2

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

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

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

Woodlake Park Walkway and Lighting Improvements
(PN: L19147200)
Bid #B25191121008
Including the Work called for in the following alternative bid items described in the Proposal Form: __________________________________________________________________________ Contractor agrees to perform such Work in the manner designated in and in strict conformity with the Contract Documents.

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

In addition, subject to deductions, withholdings and additions as specified in the Contract Documents, payment for individual items of the Work shall be computed as follows:

A. For items of the Work for which a lump sum price is specified in Contractor’s Proposal Form, Contractor shall be paid the lump sum price(s) specified in Contractor’s Proposal Form; and
B. For items of the Work for which a unit price is specified in Contractor’s Proposal Form, Contractor shall be paid the sum computed at such unit price, or computed at a different price if such different price is determined by City in accordance with the Standard Specifications, based on the actual amount of each such item performed Form approved by City Attorney 6-23-23 3
and/or furnished and incorporated in the Work; provided that in no event shall the total sum for a unit price item exceed the total bid amount set forth for such item in the Contractor’s Proposal Form, unless authorized by Change Order.

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

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

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

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

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

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

Form approved by City Attorney 6-23-23 4
F. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.

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

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

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

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

10. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK
The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the Work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, whether or not the Form approved by City Attorney 6-23-23 5
unsatisfactory character of such work or material was apparent or detected at the time such payment was made.

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

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

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

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

14. WARRANTY
Except as otherwise expressly provided in the Contract Documents, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all Work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the Work, or otherwise provided as a part of the Work pursuant to the Contract, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire Work by the City.

Form approved by City Attorney 6-23-23 6
Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City.

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

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

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

15. LIQUIDATED DAMAGES IF WORK NOT COMPLETED ON TIME
A. The actual fact of the occurrence of damages and the actual amount of the damages that City would suffer if the entire Work, and/or any specified portion thereof, were not completed within the time(s) specified herein are dependent upon many circumstances and conditions that could prevail in various combinations, and for this reason, it is impracticable and extremely difficult to fix the actual damages. Damages that City would suffer in the event of such delay include: loss of the use of the project; expenses of prolonged assignment to the project of an architectural and/or engineering staff; prolonged costs of administration, inspection, and supervision; increased operational expenses and/or impaired operation of other facilities dependent upon completion of the project; and the loss and inconvenience suffered by the public within the City of Sacramento by reason of the delay in the completion of the project or portion thereof. Accordingly, the parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the amount(s) set forth herein as liquidated damages reflect the parties’ best efforts at the time of entering into the Contract to estimate the damages that may be incurred by City and the public due to the Contractor’s delay in completion of the Work and/or any specified portion thereof, and shall be presumed to be the amount of damages sustained by the failure of Contractor to complete the entire Work and/or any specified portion thereof within the time(s) specified herein.

Form approved by City Attorney 6-23-23 7
B. Contractor shall pay liquidated damages to City for failure to complete the entire Work by the Completion Date (as extended in accordance with the Contract Documents, if applicable) in the amount of $1,000.00 for each calendar day after the Completion Date (as extended in accordance with the Contract Documents, if applicable), continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the City and Contractor as the loss to City and the public resulting from Contractor's default.

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

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

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

Form approved by City Attorney 6-23-23 8

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

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

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

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

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

A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Contractor and its subcontractors, products and completed operations of Contractor and its subcontractors, and premises owned, leased, or used by Contractor and its subcontractors, with limits of not less than two million dollars ($2,000,000) per occurrence. The policy shall provide contractual liability Form approved by City Attorney 6-23-23 9
and products and completed operations coverage for the term of the policy.
(2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than one million dollars ($1,000,000) per accident. The policy shall provide coverage for owned, non-owned, and/or hired autos as appropriate to the operations of the Contractor.

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

No Workers’ Compensation insurance shall be required if Contractor completes the following certification:
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________
(Contractor initials)
B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and its subcontractors; products Form approved by City Attorney 6-23-23 10
and completed operations of Contractor and its subcontractors; and premises owned, leased, or used by Contractor and its subcontractors. (2) Automobile Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Contractor’s insurance coverage, including excess insurance, shall be primary insurance as respects City, its officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees, or volunteers. (3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.

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

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

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

Form approved by City Attorney 6-23-23 11
City of Sacramento
c/o EXIGIS LLC
P.O. Box 4668 ECM- #35050
New York, NY 10168-4668
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected] (3) The City may withdraw its offer of contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contract. The City may withhold payments to Contractor or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.

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

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

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

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

21. EXCUSABLE DELAYS
Form approved by City Attorney 6-23-23 12
For the purpose of these Contract Documents, the term "Excusable Delay" shall mean, and is limited to, delay caused directly by: acts of God; acts of a public enemy; fires; inclement weather as determined by the Engineer; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privileges established for the manufacture, assemble, or allotment of materials necessary in the Work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the Work ordered by City insofar as they necessarily require additional time in which to complete the Work; the prevention of Contractor from commencing or prosecuting the Work because of the acts of others, excepting Contractor's subcontractors or suppliers; or the prevention of Contractor from commencing or prosecuting the Work because of a Citywide failure of public utility service.

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

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

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

Form approved by City Attorney 6-23-23 13

23. EXTENSION OF TIME
If the Contractor complies with Section 22, above, and the Engineer finds a delay claimed by the Contractor to be an Excusable Delay, the Contractor shall be allowed an extension of time to complete the Work that is proportional to the period of Excusable Delay determined by the Engineer, subject to the approval by City of a change order granting such time extension.

During a duly authorized extension for an Excusable Delay, City shall not charge liquidated damages against the Contractor for such delay.

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

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

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

26. TERMINATION AFTER COMPLETION DATE
In addition to any other rights City may have, if any services or work required under the Contract (including but not limited to punch list items) are not completed as of the Completion Date (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), City may terminate the Contract at any time after the Completion Date ( as adjusted by any extensions of time for Excusable Delays granted Form approved by City Attorney 6-23-23 14
pursuant to the Contract Documents), by providing a written notice to Contractor specifying the date of termination. Such notice also may specify conditions or requirements that Contractor must meet to avoid termination of the Contract on such date. If Contractor fails to fulfill all such conditions and requirements by such termination date, or, if no such conditions or requirements are specified, Contractor shall cease rendering services and performing work on such termination date, and shall not be entitled to receive any compensation for services rendered or work performed after such termination date. In the event of such termination, Contractor shall remain liable to City for liquidated damages incurred for any period of time prior to the termination date.

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

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

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

Contractor shall not be paid for any loss of anticipated profits or revenue for any Work not performed prior to termination, nor for any economic loss arising out of or resulting from such termination, except for the payments listed in this section. Contractor’s warranty under Section 14 of this Agreement shall apply, and Contractor shall remain responsible for all obligations related to such warranty, with respect to all portions of the Work performed prior to the effective date of the termination for convenience pursuant to this section. The City Form approved by City Attorney 6-23-23 15
shall be entitled to have any or all remaining Work performed by other contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.

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

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

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

No act by City before the Work is finally accepted, including, but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, assessments of liquidated damages, occupation or acceptance of any part of the Work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach of Contractor, shall be construed to be a waiver or estoppel of the City’s right to act pursuant to this Section upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of City to terminate the Contract pursuant to this Section and pursuant to Sections 26 and 27 are cumulative and are in addition to all other rights of City pursuant to the Contract and at law or in equity.

Form approved by City Attorney 6-23-23 16

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

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

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

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

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

Form approved by City Attorney 6-23-23 17

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

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

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

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

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

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

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

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

34. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENT

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

3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter 3.62, entitled “Ban-The-Box Requirements.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and Form approved by City Attorney 6-23-23 18
understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.62 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.

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

Form approved by City Attorney 6-23-23 19
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set for opposite their names.

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

DATE BY_________________________________
____________________________________ Print Name ____________________________________ Title DIR Registration # 100
____________________________________ Federal ID# 522450453 ____________________________________ State ID# 248-97697 ____________________________________ City of Sacramento Business Operation Tax Certificate No. (City will not award contract until
Certificate Number is obtained)
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
__x__ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)

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

City Attorney City Clerk

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The full text of Public Contract Code Section 9204 is as follows:
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
2 (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1)
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2)
(commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A)
subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B)
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
3 (ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4)
improvement of any public structure, building, road, or other public improvement of any kind.
(5)
9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the 4 claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A)
entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 5 (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A cla
responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the 6 commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
26 Ban the Box Requirements

BAN THE BOX REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023

REQUIREMENTS FOR THE LOCAL BUSINESS ENTERPRISE PROGRAM
(LBE Program)

1. INTRODUCTION
The City of Sacramento has a Local Business Enterprise (LBE) Program to provide enhanced opportunities for local businesses to participate in the City's procurement and contracting activities. The Program began with an LBE Preference for bid and proposal evaluation. The Program was then expanded to require minimum LBE Participation levels in specific procurement opportunities.

2. APPLICATION
As summarized in the table below, there are two components to the LBE Program:
a. LBE Preference: For certain contracts, a 5% LBE Preference is applied during the bid evaluation process.
b. LBE Participation Requirement: For certain contracts, a minimum 5% LBE participation level is required for a bidder to be considered responsive.

Contracts Under $250,000 Contracts $250,000 or more
Goods
NonProfessional
Services
Professional
Services
Public
Projects Goods
NonProfessional
Services
Professional
Services
Public
Projects
Apply 5% LBE
Preference* YES YES YES YES NO NO YES NO
Apply 5%
Minimum LBE
Participation
Requirement

NO NO NO NO NO YES YES YES
* LBE Preference only applies if the proposed prime contractor qualifies as an LBE.

Local Business Enterprise: A Local Business Enterprise (“LBE”) means a business enterprise, including but not limited to, a sole proprietorship, partnership, limited liability company, corporation, or other business entity that has a “legitimate business presence” within City limits or the unincorporated area of Sacramento County.

A “legitimate business presence” within City limits or the unincorporated area of Sacramento County means:
a. An established business entity operating within the selected areas for at least 12 consecutive months prior to submission of bid; and
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
b. Legally operating a location in the City of Sacramento or unincorporated area1 of Sacramento County that is either:
(1) a principal business office or workspace; or
(2) a regional, branch, or satellite office with at least one full-time employee.

To qualify as an LBE, firms must meet these two requirements prior to the deadline for submission of bids or proposals. Upon the request of the City, firms shall provide proof of legally operating a location within City limits or the unincorporated County with the following documents:
- Tax returns for the business; - Utility bill in the name of the business; - Business license; and/or - Secretary of State filings.

Exceptions from LBE Preference and Participation Requirements The LBE Program does not apply to procurement processes for contracts funded with federal funds, goods or services purchased through cooperative purchase agreements, or contracts entered into in response to a declared emergency.

3. LBE PREFERENCE
For contracts under $250,000, firms that qualify as an LBE will receive a 5% preference on all City procurement opportunities. For professional service contracts only, this preference also applies to procurement opportunities of $250,000 or more. The proposed prime contractor must qualify as an LBE to receive LBE preference points. Utilizing an LBE subcontractor is not a basis for receiving LBE preference points.

For contracts to be awarded in response to a solicitation for bids, a bid or quotation submitted by a firm that qualifies as an LBE will receive a 5% bid evaluation preference for the purpose of determining the lowest responsible bidder. This means that, for bid evaluation purposes, the total price bid by an LBE shall be reduced by 5%. However, this reduction only applies for bid evaluation purposes, and the resulting contract or purchase order will reflect the actual amount bid by the LBE.

For contracts awarded in response to a solicitation for proposals or qualifications, a firm that qualifies as an LBE shall receive additional points during the scoring process, so the final score 1 “Unincorporated area” generally refers to the part of a county that is not part of any city. The unincorporated area of Sacramento County does not include the cities of Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho Cordova, Rancho Cordova, and Sacramento.
(see https://www.saccounty.gov/Government/Pages/CitieswithintheCounty.aspx).

CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
awarded to the LBE is increased by 5% of the total possible evaluation points.

The City Manager does not have the authority to waive the application of the LBE Preference.

Only the City Council can waive the application of the LBE Preference. No waiver is required for procurements that are otherwise excluded from the LBE Program (as listed above), including federally funded purchases.

4. LBE PARTICIPATION REQUIREMENT
For non-professional service, professional service, and public project contracts of $250,000 or more, a minimum 5% LBE participation level is required. To receive credit for the 5% minimum participation requirement, bidders must either (a) be an LBE, or (b) subcontract with a qualified LBE.

Under City Code section 3.60.270, when the City establishes a minimum participation level for LBE's on a contract, no contractor shall be considered responsive unless its bid or proposal meets the minimum LBE participation level required.

The City Manager (or designee) has the authority to waive or reduce the LBE Participation requirements on some procurement opportunities prior to acceptance of bids or proposals.

PARTICIPATION LEVEL
LBE Participation: The percentage of LBE participation is determined based on the dollar value of the work to be performed. LBE credit may be obtained by utilizing LBE qualified subcontractors or suppliers, as outlined below.

Participation Credit: To receive credit for LBE participation:

1. An LBE contractor or subcontractor must: (1) be responsible for the execution of a distinct element of the work; (2) possess any license or certification required for the work; and (3) actually perform, manage, or supervise the work without subcontracting or otherwise shifting any portion of the work to another subcontractor.

2. An LBE supplier must: (1) furnish materials or equipment that the supplier sells as a recurring, although not necessarily primary, part of its business; and (2) the materials or equipment must be necessary for performance of the work.

Suppliers: Credit for an LBE supplier of materials or equipment is counted as 100% of the amount paid to the supplier for the materials or equipment. To receive this credit, LBE Suppliers must be listed on a Subcontractor and LBE Participation Verification Form and submitted with a bid or proposal.

CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
Subcontractors (including Truckers): To receive credit for an LBE subcontractor, the subcontractor must be listed on a Subcontractor and LBE Participation Verification Form and submitted with a bid or proposal.

Truckers: Credit for an LBE trucker is counted as 100% of the amount paid to the trucker for trucking/hauling services, not including any amount paid to the Trucker for the cost of any materials or equipment being transported by the Trucker.

CONTRACTOR AND SUBCONTRACTOR REQUIREMENTS2
LBE Records: The Contractor shall maintain records of all subcontracts with verified LBE subcontractors and records of materials purchased from verified LBE suppliers for one year after receiving final payment from the City. Such records shall show the name and business address of each LBE subcontractor or supplier and the total dollar amount actually paid to each LBE subcontractor or supplier.

No later than 30 days after completion of the work performed under the contract, a summary of these records shall be prepared, certified correct by the Contractor's authorized representative and furnished to the City. The Contractor shall provide such other information, records, reports, certifications or other documents as may be required by the City, to determine compliance with any provision of the LBE Program or these specifications.

Performance of LBE Subcontractors and Suppliers: The LBE subcontractors and suppliers listed by the Contractor shall perform the work and supply the materials or equipment for which they are listed on the Subcontractor and LBE Participation Verification Form, unless the Contractor has received prior written authorization from the City to perform the work with other forces or to obtain the materials or equipment from other sources. Reasons for requesting such authorization would include:

1. The listed LBE subcontractor or supplier fails to execute a written contract based upon the general terms, conditions, plans, and specifications for the project.

2. The listed LBE subcontractor or supplier becomes bankrupt or insolvent.

3. The listed LBE subcontractor or supplier fails to meet the bond requirements of the Contractor.

4. The work performed or the materials or equipment provided by the listed LBE subcontractor or supplier are unsatisfactory or are not in accordance with the plans and specifications.

5. The listed LBE subcontractor or supplier fails to perform its contractual obligations. 2 These requirements only apply to the LBE Participation component of the LBE Program CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023

6. It would be in the best interest of the City.

Subcontractor Substitution: No substitution of an LBE subcontractor shall be made at any time without compliance with the Subletting and Subcontracting Fair Practices Act. If an LBE subcontractor is unable to perform successfully and is to be replaced, the Contractor shall make reasonable efforts to replace the original LBE subcontractor with another verified LBE subcontractor. The new LBE subcontractor must be verified at the time of substitution.

CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
Reporting and Utilization Requirements and Sanctions: Failure to provide specific information, records, reports, certifications or any other documents required for compliance with these specifications, or failure to utilize one or more LBE's in substantial compliance with the LBE utilization indicated in the Contractor's bid or proposal (unless otherwise authorized by the City as provided herein, or when such failure results from changes to the work approved by the City), shall be considered a breach of the contract.

A deduction may be made from the contract amount and the deduction shall not be more than 10% of the value of the work or materials or equipment that the subject LBE(s) were listed to perform or provide in the Contractor's bid or proposal. Deduction shall be made from any payment due the Contractor. This is in addition to any deduction that may be made under any other provision of the Contract, the Sacramento City Code, or State law.

Hearing and Review of Division Manager Decision: Prior to making a deduction pursuant to the Reporting and Utilization Section above, the City shall provide written notice of the proposed deduction to the Contractor. The Contractor may, no later than 5 working days after receiving such notice, provide a written request to the City for a hearing to contest the proposed deduction. Upon receipt of a timely written request from the Contractor, the City shall schedule a hearing before the Division Manager (as defined in the City's Standard Specifications for Public Construction), and written notice of the date, time, and location of the hearing shall be provided to the Contractor not less than 5 working days prior to the date of the hearing.

The hearing shall be conducted in the manner specified in Section 4-8 of the Standard Specifications, and the Division Manager shall prepare and forward to the Contractor a written decision as soon as practicable after the hearing. The Division Manager's decision shall be subject to review in accordance with the provisions of Section 4-9 of the Standard Specifications. Failure to request such review in compliance with the requirements set forth in Section 4-9 shall constitute acceptance of the Division Manager's decision by the Contractor.

Written Notices: The written notices and request described above shall be provided by registered or certified mail (return receipt requested), by personal delivery, or by any other method that provides reliable evidence of the date of receipt. Written notice provided by personal delivery shall be deemed received on the date of delivery.

12-22-16 Page 1

REQUIREMENTS OF THE NON-DISCRIMINATION IN EMPLOYEE BENEFITS CODE

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

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

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

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

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

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

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

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

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

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

You May . . .

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

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

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

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

You May . . .

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

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

Discrimination and Retaliation Prohibited.

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

You May Also . . .

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

CITY OF SACRAMENTO

AN ORDINANCE

NON-DISCRIMINATION IN EMPLOYEE BENEFITS

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

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

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

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

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

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

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

CITY OF SACRAMENTO

AN ORDINANCE

NON-DISCRIMINATION IN EMPLOYEE BENEFITS

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

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

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

CITY OF SACRAMENTO

AN ORDINANCE

NON-DISCRIMINATION IN EMPLOYEE BENEFITS

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

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

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

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

CITY OF SACRAMENTO

AN ORDINANCE

NON-DISCRIMINATION IN EMPLOYEE BENEFITS

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

Constitution, or that are primarily recreational in nature.

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

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

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

CITY OF SACRAMENTO

AN ORDINANCE

NON-DISCRIMINATION IN EMPLOYEE BENEFITS

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

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

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

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

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

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

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

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

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

You May . . .

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

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

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

You May Also . . .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Signature of Authorized Representative Date
Print Name
Title

SPECIAL PROVISIONS
Woodlake Park Walkway Improvements
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SPECIAL PROVISIONS FOR:

Woodlake Park Walkway and Lighting Improvements
PN: L19147200
I. GENERAL REQUIREMENTS
A. SCOPE AND LOCATION OF WORK
The work to be performed under these Special Provisions consists of developing the perimeter walkway at Woodlake Park located at 500 Arden Way. The improvements will consist of 0.40 acres of grading, clearing and grubbing, curbing with mow curb, concrete flatwork and electrical and lighting improvements. B. COMPLETION TIME
The time for the completion of all work is 60 (sixty working days) from the Notice to Proceed for substantial completion plus 30 (thirty calendar days) for plant establishment period. Should said work not be completed to the satisfaction of the City within said time, the contractor shall pay to the City of Sacramento a sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages and not as a penalty for each calendar day delay after the expiration of such period until the final acceptance of the work by the City.

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

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

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

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

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

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

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

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

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

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

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

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

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

I. WORKMANSHIP AND MATERIALS
Except as otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new. The quality of materials and workmanship shall be in accordance with the provisions of Section 5-17 Woodlake Park Walkway Improvements
3/21/25 Page 4 of 27
of the Standard Specifications. Appearance of the finished work is of primary importance in all phases of this project. Any portion of the work may be rejected due to appearance defects.

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

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

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

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

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

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

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

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

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

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

P. CLEANING
The Contractor shall at all times keep the work site free from accumulations of waste material or rubbish caused by its employees work, and at the completion of work, the Contractor shall remove all rubbish from and about the work site and all tools, scaffolding and surplus materials, and shall leave the work site, including all sidewalks and paving areas, "broom clean", or its equivalent, unless more exactly specified in other trade sections of the specifications. In case of dispute, the City may remove the rubbish and charge the cost to the Contractor.

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

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

Product Data Shop
Drawings
Mock-up or
Sample
Concrete Pavement X X
Aggregate Base X
Expansion Joint Materials X
Truncated Domes X
Hydroseed and Sod Seed Mix,
Tags & Receipts
X
Electrical components X
Lighting X
One (1) copy of such submittals shall be furnished for review by the Landscape Architect, a digitally scanned copy will promptly be returned with approval, rejection, or approval with modification. Neither equipment nor material shall deviate in any way from the approved drawings without prior written approval of the Landscape Architect. Any fabrication of other work performed in advance of such approval shall be done entirely at the risk of the Contractor. The approval of submitted drawings or other descriptive material shall not relieve the Contractor of any obligation or responsibility for fulfillment of the Contract requirements.

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

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

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

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

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II. Items for the Base Bid Proposal
Item No. 1 - Site Clearing and Grubbing
This item shall consist of Site Clearing and Grubbing for the park development in conformance with Sections 12, 13, and 15 of the Standard Specifications and these Special Provisions.

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

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

C. Tree Removal- Trees to be removed are shown on the plans. Removal of trees shall include removal of stump and tree roots to a point two feet (2') below proposed grade. The Landscape Architect shall make the final determination of tree removal in the field. Removed trees shall become the property of the Contractor and legally disposed of off the project limits.

D. Shrub Removal - shrubs to be removed are shown on the plans. Removal of trees shall include removal of stump and tree roots to 8” below finish grade.

Removal of the shrubs shall become the property of the Contractor and legally disposed outside of the project limits.

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

Item No. 2 - Site Staking
This item shall consist of Site Staking the existing surface to the lines for the park development shown on the plans in conformance of the Standard Specifications and these Special Provisions.

A. Staking:

1. Layout of work shall be completed by the Contractor using professionaltype instruments. Contractor shall establish elevations and locate and stake all on-site improvements and grading for approval by the City prior to proceeding and shall be responsible for any damage that may be sustained by the City or others from incorrect locations of site improvements. The contractor shall certify that the completed work is done in a manner that the City can check from conformance as the work progresses.

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

Item No. 3 – Temporary Construction Fence to Install
This item shall consist of furnishing, installing and maintaining a temporary 6’ Chain Link Panel Construction Fence around the construction area shown on the Plans in conformance with Section 10 of the Standard Specifications.

A. Demolition shall begin only after the temporary fence has been installed. Fence to remain in place throughout the duration of the project until project acceptance, or as directed by the Park Construction Inspector. Temporary construction fencing location is not shown the plans. The contractor can have the temporary fencing just installed at the areas where construction activities are occurring. The temporary fencing can be removed once construction or plant establishment period is completed.

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

Item No. 4 - Site Grading
This item shall consist of Site Grading the existing surface to the lines and grades for the park development shown on the plans in conformance with sections 14 and 15 of the Standard Specifications and these Special Provisions.

A. The Contractor shall meet the lines and grades as shown on the grading plan.

Export of soil will be necessary to meet the lines and grades as shown on the plans. The Contractor shall be solely responsible for earthwork calculations and the cost of exporting and disposing the soil will be covered under this line item.

B. Export of soil shall be required and removed from the site for the installation of new paving and aggregate base.

C. Relative Compaction for landscaped areas shall be 85%, or as directed by the Landscape Architect.

D. Site grading shall be approved by the Landscape Architect upon completion of grading operations.

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

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Item No. 5 – Erosion and Sediment Control
This item shall consist of Erosion and Sediment Control at the locations indicated on the plans in conformance with the City Standard Specifications.

A. Storm Water Pollution Prevention Plan (SWPPP) – Not required for this project since it is less than one acre.

B. BMP Maintenance and Maintenance Log – Not required for this project since it is less than one acre.

C. Housekeeping Practices shall be implemented as follows:

1. Solid Waste Management procedures shall include designated waste collection areas and containers in areas indicated. Arrange for regular removal and disposal from the site of solid waste. On a daily basis, clear site of trash including organic debris, packaging materials, scrap or surplus building materials, as well as domestic waste. Solid Waste Containers shall have a lid/ cover and shall covered it at the end of each work day or when its windy.

2. Material Delivery and Storage Area shall be designated and provided with a secondary containment method, as with berms. Store material on pallets and provide covering or water tight containers for soluble materials. Locate materials in a lockable storage contain or other secure enclosure to insure items cannot be vandalized or displaced during nonworking hours. Inspect area weekly and 48 hours prior to a storm event. If a spill is discovered the contractor shall first notify the contractor’s and the City’s QSP immediately and then have the QSP provide direction on how the spill should be cleaned up and if testing will be required.

3. Concrete Waste Area shall be designated and provide for a temporary pit to be used for concrete truck washout. Dispose of hardened concrete offsite. At no time shall a concrete truck dump its waste and clean its truck into the City storm drains via curb and gutter. Inspect daily to control runoff, and weekly for removal of hardened concrete. If the contractor is has a designated area for the concrete washout on site the contractor shall cover and divert rain water from entering into the washout area. The contractor can use a mobile concrete washout or other similar concrete washout system.

4. Paint and Painting Supplies instructions shall be given to employees and subcontractors regarding reduction of pollutants including material storage, use, and clean up. Inspect site weekly for evidence of improper disposal. A second containment system shall be used to minimize pollutants from escaping the washout areas. In addition, the contractor shall place plastic or some other nonpermeable lining on the ground to minimize contact between the native soil and the pollutants.

5. Vehicle Fueling, Maintenance and Cleaning shall be located in a designated area with a secondary containment, as with berms. In addition, the contractor shall place plastic or some other non-permeable lining on the ground to minimize contact between the native soil and the pollutants. Provide equipment with drip Woodlake Park Walkway Improvements
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pans. Restrict on-site maintenance and cleaning of equipment to a minimum.

Inspect area weekly.

6. Hazardous Waste Management instructions shall be given to all employees to prevent the discharge of pollutants from hazardous wastes to the drainage system through proper material use, and waste disposal. Hazardous waste products commonly found on-site include but are not limited to paints & solvents, petroleum products, fertilizers, herbicides & pesticides, soil stabilization products, asphalt products, and concrete curing products. A list of materials expected to be used is listed in the SWPPP. If additional items or items need to be removed the contractor shall notify the City QSP.

7. Dust Control: The Contractor shall comply with all City and County of Sacramento, State of California air pollution control rules, regulations, ordinances, and statues which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances, and statutes, specified in the Government Code. The Contractor shall be responsible for the control of dust within the limits of the project at all times including weekends and holidays in addition to normal working days. The Contractor shall take whatever steps are necessary or required by the Inspector to eliminate the nuisance of blowing dust without causing sediment, debris or litter to enter the City storm drain system.

8. Erosion, Sediment, and Pollution Control The Contractor shall be responsible for controlling erosion and sedimentation within the limits of the project. In addition the contractor shall take measures to eliminate any water with pollutants from entering the project site as ‘run-on’. The contractor shall be responsible for erosion and sediment control at all times during (working hours) and during normal working days, excluding evenings, weekends and holidays. The Contractor shall prevent sediment and construction debris from entering the City storm drain system.

9. Non-Storm Water, slurry and sediment from concrete or asphalt sawcutting operations shall not be allowed to enter the City storm drain system, but instead must be collected and disposed of, by the Contractor, in some manner approved by the Inspector.

10. Site Cleanup: The Contractor shall keep the project site clean and free of dust, mud, and debris resulting from the Contractor's operations. Daily clean up throughout the project shall be required as the Contractor progresses with the work. Extra precautions and clean up efforts shall be made prior to weekends and holidays, and before a predicted rain event.

Daily all paved areas within the limits and surrounding the project shall be cleaned and free of sediments, asphalt, concrete and any other construction debris. The Contractor will not be allowed to clean sediment and debris from the street by using water to wash down streets. The streets will be allowed to be washed only after the streets have been thoroughly swept and/or vacuumed and inlet protection has been placed at all storm drain inlets to catch any remaining sediments from the streets.

Spillage of earth, gravel, concrete, asphalt, or other materials resulting from hauling operations along or across any public traveled way shall be removed Woodlake Park Walkway Improvements
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immediately by the Contractor at his expense. If site is not kept sufficiently clean the City will take measures to clean it and back charge the Contractor.

11. Construction site shall be prepared by the Contractor prior to the start of construction and shall be have erosion and sediment control measures in place until the project is complete. Contractor shall ensure to have all erosion and sediment control measures.

12. Erosion and sediment control measures shall be installed and maintained before the start of construction begins and until disturbed areas are stabilized. All erosion and sediment control measures shall be checked and maintained by the contractor on a minimum of a weekly basis, before and after and during all storms to ensure measures are functioning properly.

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

Item No. 6 - Demolition
This item shall consist of Demolition and removal of items indicated on the plans in conformance with 13-3 Removing / Relocating of the Standard Specifications and these Special Provisions.

A. Concrete Curbing and paving shall be removed as indicated on the plans. All items removed by the Contractor shall be legally disposed of away from the project site.

B. Saw Cut Paving – the contractor shall be responsible for saw cutting existing paving / curbing where existing paving meets new proposed paving / curbing. Saw cutting shall be done in a clean straight line.

C. Signs/poles and concrete footings – shall be removed and relocated as indicated on the plans, signs and posts shall be retained. Contractor shall remove and dispose of concrete footings. All items removed by the Contractor shall be legally disposed of away from the project site.

D. Stationary bollards – shall be removed and relocated as shown on the plans bollards shall be retained. Concrete footings shall be removed and disposed. All items removed by the Contractor shall be legally disposed of away from the project site.

E. Holes and depressions resulting from removed items shall be filled, compacted, and brought to finished grade with landscape fill in conformance with Section 14 of the Standard Specifications and as directed by the Inspector.

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

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Item No. 7 - Picnic Tables to be Removed and Reinstalled This item shall consist of Picnic Tables removal and reinstallation including the items shown on the plans in conformance with these Special Provisions.

A. Picnic Tables shall be removed and reinstalled on the new concrete pads as shown on the plans. Picnic tables noted on the plans will need to be bolted down to the concrete paving and shall have a minimum of 4 bolts per picnic table. All exposed mounting bolts shall have the nuts tack welded to the bolt to prevent theft.

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

Item No. 8 - Aggregate Base
This item shall consist of furnishing and installing aggregate base (AB) under the concrete flatwork or asphaltic concrete pavement as shown on the plans in conformance with Section 10, and 17 of the Standard Specifications and these Special Provisions.

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

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

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

Item No. 9 - Concrete Flatwork
This item shall consist of furnishing and constructing Concrete Flatwork as shown on the plans in conformance with Sections 10, 19, 24, and 38 of the Standard Specifications and as amended by these Special Provisions.

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

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

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

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

Item No. 10 - Concrete Curb & Gutter Type 2
This item shall consist of constructing Curb Type 2 as shown on the plans in conformance with Sections 10, 19, 24 and 38; detail T-11 of the Standard Specifications and these Special Provisions.

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

B. Expansion Joints and Score lines shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints shall be place at 20' O.C., and score lines at 10’ O.C.

Payment shall be at the lump sum price bid and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in completing the Curb No. Type 3 as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 11 - Concrete Vertical Curbing
This item shall consist of constructing Vertical Curbing as shown on the plans in conformance with Sections 10, 19, 24 and 38; detail T-11 of the Standard Specifications and these Special Provisions.

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

B. Expansion Joints and Score lines shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints shall be place at 20' O.C., and score lines at 10’ O.C.

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

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

Item No. 12 – ADA RAMP #1
This item shall consist of constructing a ADA Ramp #1 as shown on the plans, in conformance with Sections 10, 19, 24 and 38, details T-50 thru T-79 of the Standard Specifications and as amended by these Special Provisions.

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

B. Joints shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints and score joints shall be located where indicated on the plans and edged to a three-eighths inch (3/8") radius.

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

D. 6” Wide Vertical Curb to be installed as shown on the plans and as specified in specification. Curbing shall have a footing depth equal to the depth of the adjacent concrete paving installed with this ramp.

E. Asphalt Paving to be installed as shown on the plans and as specified in specification under “Asphalt Paving”
F. Truncated Domes shall be installed as shown on the plans and Detail T-79.

Payment shall be at the lump sum price bid and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in completing the ADA Ramp #1 as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 13 – ADA RAMP #2
This item shall consist of constructing a ADA Ramp #2 as shown on the plans, in conformance with Sections 10, 19, 24 and 38, details T-50 thru T-79 of the Standard Specifications and as amended by these Special Provisions.

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

B. Joints shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints and score joints shall be located where indicated on the plans and edged to a three-eighths inch (3/8") radius.

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

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D. 6” Wide Vertical Curb to be installed as shown on the plans and as specified in specification. Curbing shall have a footing depth equal to the depth of the adjacent concrete paving installed with this ramp.

E. Asphalt Paving to be installed as shown on the plans and as specified in specification under “Asphalt Paving”
F. Truncated Domes shall be installed as shown on the plans and Detail T-79.

G. Bollards this item shall be covered and pay for under the line item “Bollards” within these project specifications.

Payment shall be at the lump sum price bid and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in completing the ADA Ramp #2 as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 14 – ADA RAMP #3
This item shall consist of constructing a ADA Ramp #3 as shown on the plans, in conformance with Sections 10, 19, 24 and 38, details T-50 thru T-79 of the Standard Specifications and as amended by these Special Provisions.

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

B. Joints shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints and score joints shall be located where indicated on the plans and edged to a three-eighths inch (3/8") radius.

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

D. 6” Wide Vertical Curb to be installed as shown on the plans and as specified in specification. Curbing shall have a footing depth equal to the depth of the adjacent concrete paving installed with this ramp.

E. Asphalt Paving to be installed as shown on the plans and as specified in specification under “Asphalt Paving”
F. Truncated Domes shall be installed as shown on the plans and Detail T-79.

Payment shall be at the lump sum price bid and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in completing the ADA Ramp #3 as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 15 – ADA RAMP #4
This item shall consist of constructing a ADA Ramp #4 as shown on the plans, in conformance with Sections 10, 19, 24 and 38, details T-50, T-60, T-72 and T-79 of the Standard Specifications and as amended by these Special Provisions.

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

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B. Joints shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints and score joints shall be located where indicated on the plans and edged to a three-eighths inch (3/8") radius.

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

D. Retaining Curb to be installed as shown on the plans and as specified in specification. Curbing shall have a footing depth equal to the depth of the adjacent concrete paving installed with this ramp.

C. Asphalt Paving to be installed as shown on the plans and as specified in specification under “Asphalt Paving”
D. Truncated Domes shall be installed as shown on the plans and Detail T-79.

Payment shall be at the lump sum price bid and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in completing the ADA Ramp #4 as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.

Item No. 16 – ADA Ramp in Front of Club House
This item shall consist of constructing ADA Ramp in Front of Club House as shown on the plans, in conformance with Sections 10, 19, 24, and 38 and details T-50 thru T-79 the Standard Specifications and as amended by these Special Provisions.

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

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

C. Finish shall be broomed parallel to the mow strip edge with a medium broom finish. All exposed surfaces shall be finished to true lines and grades as shown on the plans.

D. Expansion & Score Joints shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints and score joints shall be located where indicated on the plans and edged to a three-eighths inch (3/8") radius
E. Curb and Gutter this item shall be paid for under Concrete Curb & Gutter Type 2 Truncated Domes shall be installed as shown on the plans and Detail T-79.

F. Handrails shall be galvanized steel coated hand rails. They will need to be free of and sharp edges or metal debris and installed as shown on the plans. a. Handrail Concrete Footings shall be Type II, Class “C”, conforming to Section 10-5 of the Standard Specifications.

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G. Vertical Wall / Curbing to be installed as shown on the plans. a. Portland Cement Concrete shall be Type II, Class “C”, conforming to Section 10-5 of the Standard Specifications.
b. Expansion & Score Joints shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints and score joints shall be located where indicated on the plans and edged to a three-eighths inch (3/8") radius
c. Finish shall conform to Section 24-7 of the Standard Specifications with the following exception: the concrete shall be broomed perpendicular to the sidewalk edge with a medium finish.
d. Reinforcement shall be intermediate grade and deformed in conformance with “deformed billet-steel bars for concrete reinforcement” (ASTM Designation A615) and with Section 21 of the Standard Specifications. Rebar shall be as shown on the plans.

Payment shall be at the lump sum price bid, and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals and for doing all work involved in completing the Concrete ADA Ramp in Front of Club House as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.

Item No. 17 – Asphalt Paving
This item shall consist of furnishing and installing of asphalt paving as shown on plans in conformance with Section 10, 22 and 23 of the Standard Specifications and these Special Provisions and Section 39 of the State Standard Specifications.

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

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

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

Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in providing and completing the Asphalt Paving as shown on the plans, as specified in these Special Provisions and as directed by the Inspector Item No. 18 - Bollards
This item shall consist of installing existing bollards as shown on the plans in conformance with these Special Provisions and the City Standard Specifications.

A. Existing Bollards shall be reused. The contractor shall install the bollards at the locations shown on the plans. The contractor will need to install a new Portland Woodlake Park Walkway Improvements
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Cement concrete Class "C”, footing for each bollard with a diameter of 12” and a depth of 2’-6” which includes a 6” depth ¾” crushed rock at the bottom of the footing as shown on the plans.

B. New Bollard shall be 2-1/2" galvanized steel pipe weighing 5.81 pounds per linear foot. Bollard shall be capped with 3/16" steel plate welded and ground smooth as shown on the drawings. Concrete Footing shall be Portland Cement concrete Class "C", conforming to Section 10-1/5 of the Standard Specifications.

Depth and width of footing as shown on the plans and it includes ¾” crushed rock at the bottom of each footing.

C. Paint. New bollard shall be painted with one (1) coat of rust inhibiting primer and two (2) coats of Fuller-O'Brien Traffic Yellow, or approved equal. Existing bollards shall be painted with one (1) coat of Traffic Yellow Fuller-O’Brien paint.

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

Item No. 19 - Park Signs
This item shall consist of proving materials and installing Park Signs as shown on the Plans in conformance with these Special Provisions and the City Standard Specifications and Standard Drawing No. T-270.

A. Signs and poles shall be existing. The contractor shall relocate the existing signs as shown on the plans. The contractor will be required to install new concrete footings for the signpost. Refer to project plans for footing size and depth.

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

Item No. 20 - Electrical System
This item shall consist of furnishing, installing and testing the electrical systems, as shown on the plans in conformance with section 34 and 38 of the Standard Specifications and these Special Provisions.

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

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

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C. Electronic Marker System shall conform to Section 10-54 of the Standard Specifications, except as amended by the following: no marker locators will be required by the Contractor. Contractor shall supply only enough markers for use in new electrical system. The markers shall be placed within the pull box cover of buried lawn area pull boxes. The marker shall be 3M EMS 4” Extended Range 5’ Ball Marker – Power 1402-XR.

D. Rotated Receptacle Pedestal shall be rotate 180 degrees and as shown on the plans. Any additional electrical rewiring for the rotation of the pedestal shall be completed by a license electrician.

E. Conduit electrical wiring shall be installed in nonconductive PVC schedule 40 piping. The contractor will need to have the conduit inspected prior to backfilling trenches.

F. Pull boxes contractor to install pull boxes at the location shown on the plans. The pull boxes will need to be a concrete box with concrete lockable lid. The base bid item shall include pull boxes at every other light shown on the plans. If the add alternate item is approved then these pull boxes at every other light will be eliminated.
a. Concrete Curbing the concrete curbing around the outer perimeter of the pull box shall be Type II, Class “C”, conforming to Section 10-5 of the Standard Specifications.

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

Item No. 21 – Pathway Lighting
This item shall consist of furnishing, installing and testing the proposed pathway lighting as shown on the plans in conformance with Section 34 and 38 of the Standard Specifications and these Special Provisions.

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

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

C. Rebar Cages Reinforcement shall be installed at shown the plans and structural calculations. Rebar shall be deformed in conformance with “deformed billet-steel Woodlake Park Walkway Improvements
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bars for concrete reinforcement” (ASTM Designation A615) and with Section 21 of the Standard Specifications. Rebar shall be as shown on the plans.

D. Anchor Bolts shall be installed when the concrete footing is poured in place.

Achor bolts can’t be installed after the concrete footing is installed and cured.

The anchor bolts shall also be used as leveling bolts for the new lighting. Once the lighting is installed no gap between the bottom of the light to footing will be allowed. If there is a gap between the light and footing it will need to be filled with nonshrink grout and shall have a clean finish.

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

Item No. 22 – Irrigation Modification
This item shall consist of furnishing and installing an Irrigation Modifications at areas damaged or disturbed by construction activities with the applicable paragraphs of Sections 10 and 36 of the Standard Specifications and these Special Provisions.

A. Electric Control Valves shall be existing and shall be adjusted to accommodate new improvements.

B. Valve Boxes shall be existing and shall be adjusted to accommodate new improvements. Set valve box level and flush with the top of existing soil or top of paving.

C. Plastic Irrigation Pipe Fittings shall conform to Section 10-46 of the Standard Specifications with the following addition. Schedule 80 fittings on all connections, unions and nipples within the valve. All other connections on lateral line are Sch

40. D. Lateral Line Pipe or pipe on the discharge side of the irrigation control valve shall be Class 200 solvent weld PVC pipe and shall conform to Section 10-44 of the Standard Specifications, except as previously amended.

E. Trench Backfill shall be installed at no more than 6” lift and each lift shall be compacted to 85% relative density in landscaped areas and compacted to 95% within future paving areas. Mainline trenches shall also have 3” of sand below the mainline and 6” of sand above the conduit.

F. PVC Primers and Solvent welded - PVC pipes will require the following primer and solvent glue applications. Primer shall consist of Weld-On P-70 Industrial Grade Primer and the PVC Solvent Cement shall be Weld-On 711 Heavy Bodied Cement, or approved equal. The primer and solvent cement shall be installed per manufactures specifications.

G. Sprinklers shall be relocated and installed at the locations shown on the plans, in conformance with Standard Drawing No. L-50 of Section 38 of the Standard Specifications. Sprinklers shall be the type and model as shown on the plans.

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H. Irrigation sleeves shall be installed at the locations shown on the plans. Before final acceptance the contractor shall provide as built plans with measurements showing the exact location of the irrigation sleeve. Install irrigation sleeve prior to the installation of aggregate base and concrete paving.

I. Preconstruction Test of Existing Irrigation System–City and Contractor shall perform a preconstruction irrigation test prior to the start of construction. During the test all existing remote-control valves shall be turned on with the irrigation controller (manually operation is not permitted). The following irrigation items shall be marked with flags and marking paint: valves, quick couplers, working heads marked blue and broken head marker yellow. All existing broken heads shall be repaired by the City unless specified as an item on the project plans or specifications. Any irrigation damaged during construction shall be repaired by the contractor as soon as possible and shall be at the contractor expense.

J. Existing Mainline and electrical conduits it’s the contractor’s responsibility to located the irrigation mainline and electrical conduits with a locator prior to the start of construction. If the City has a ‘Record Drawing’ plan a copy will be supplied to the contractor but City can’t guarantee the accuracy of the ‘Record Drawing’.

Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in completing the Irrigation Modifications as shown on the plans, as specified in Section 36-25 of the Standard Specifications, in these Special Provisions and as directed by the Inspector.

Item No. 23 - Lawn Seeding
This item shall consist of preparing and planting lawn seeding in conformance with Sections 10 and 35 of the Standard Specifications and as amended by these Special Provisions.

A. Preparing of Planting Areas, Section 35-5 of the Standard Specifications shall be amended as follows: Soil shall be cultivated until the condition of the soil is loose and fine-textured to a depth of two inches (2"). The finished grade of all planting areas shall be reviewed and approved by the Landscape Architect before proceeding with planting.

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

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

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

Organic Matter shall be nitrogen treated fir bark with the following properties:

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

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

6.0%.

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

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

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

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

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

Item No. 24 - Landscape Maintenance (30 days)
This item shall consist of maintaining the landscape planted areas installed in this contract as shown on the plans in conformance with Sections 35-15 through 35-18 of the Standard Specifications and as amended by these Special Provisions.

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

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

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

D. Plant Establishment period or Landscape Maintenance Period shall conform to Section 35-16 of the Standard Specifications and be amended as follows: The Landscape Maintenance Period shall be thrity (30) calendar days and shall begin on the date of the Start of Maintenance Period. Plant Establishment and Landscape Maintenance shall continue until final acceptance of the work.

Woodlake Park Walkway Improvements
3/21/25 Page 24 of 27
E. Lawn Maintenance shall conform to Section 35-16 of the Standard Specifications.

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

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

F. Tree & Shrub Maintenance. Trees and Shrubs shall be pruned and shaped as directed by the Landscape Architect. Trees shall be restaked as necessary.

Maintain watering basins and shrub and groundcover areas free of weeds.

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

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

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

Woodlake Park Walkway Improvements
3/21/25 Page 25 of 27
Additive Alternate Bid Items
Item No. A1 – Pathway Lighting
This item shall consist of furnishing, installing and testing the proposed pathway lighting as shown on the plans in conformance with Section 34 and 38 of the Standard Specifications and these Special Provisions.

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

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

C. Rebar Cages Reinforcement shall be installed at shown the plans and structural calculations. Rebar shall be deformed in conformance with “deformed billet-steel bars for concrete reinforcement” (ASTM Designation A615) and with Section 21 of the Standard Specifications. Rebar shall be as shown on the plans.

D. Anchor Bolts shall be installed when the concrete footing is poured in place.

Achor bolts can’t be installed after the concrete footing is installed and cured.

The anchor bolts shall also be used as leveling bolts for the new lighting. Once the lighting is installed no gap between the bottom of the light to footing will be allowed. If there is a gap between the light and footing it will need to be filled with nonshrink grout and shall have a clean finish.

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

Item No. A2 – Trash Receptacle
This item shall consist of furnishing and installing a Trash Receptacle as shown on the plans in conformance with these Special Provisions and the manufacturer's specifications.

A. Trash Receptacle shall be powder-coated steel surface mounted, 32-gallon receptacle, with lid by Paterson William, model No. 3150-CV with slat pattern with convex lid and 32-gallon liner. Color shall be Bronze to match site furnishings. Lid shall be attached to receptacle with a chain or cable to prevent theft.

Distributed by: Paterson William, (800) 687-5768
Woodlake Park Walkway Improvements
3/21/25 Page 26 of 27
B. ALL Bolts shall be installed as specified by the manufacturer and shall be provided by the Contractor. All exposed bolts shall be cut to 3 exposed threads and all anchor bolts/ nuts shall be tack welded and all remaining exposed bolts/ nuts shall be tightened and secured with Loctite Adhesive, red 271 for a permanent installation.

C. Concrete Flatwork shall be paid for under “Concrete Flatwork”, of these Special Provisions.

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

Item No. A3 - 8’ Bench
This item shall consist of furnishing and installing an 8' Bench as shown on the plans in conformance with these Special Provisions and the manufacturer's specifications.

A. Bench with back shall be an eight (8') long by Paterson Williams., Jackson Square with arch backrest and center arm rest model # 3111-08, with steel slats, surface mounted or approved equal. Benches shall be powder coated Bronze.

Distributed by: Paterson Williams, Ph: (800) 687-5768.

B. ALL Bolts shall be installed as specified by the manufacturer and shall be provided by the Contractor. All exposed bolts shall be cut to 3 exposed threads and all anchor bolts/ nuts shall be tack welded and all remaining exposed bolts/ nuts shall be tightened and secured with Loctite Adhesive, red 271 for a permanent installation.

C. Concrete Pad shall be paid for under “Concrete Flatwork”, of these Special Provisions.

Payment shall be made at the lump sum price bid, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in completing 8’ Bench to Install as shown on plans, as specified in these Special Provisions and as directed the Inspector.

Item No. A4 – Concrete Flatwork
This item shall consist of furnishing and constructing Concrete Flatwork as shown on the plans in conformance with Sections 10, 19, 24, and 38 of the Standard Specifications and as amended by these Special Provisions.

A. Portland Cement Concrete shall be Type II, Class “C”, conforming to Section 10-5 of the Standard Specifications. Aggregate base is not required for this paving.

Woodlake Park Walkway Improvements
3/21/25 Page 27 of 27
B. Expansion & Score Joints shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints and score joints shall be located where indicated on the plans and edged to a three-eighths inch (3/8") radius
C. Finish shall conform to Section 24-7 of the Standard Specifications with the following exception: the concrete shall be broomed perpendicular to the sidewalk edge with a medium finish.

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

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

David J. Miller, SE
01/16/2025

NOTE: We are conservatively using
42" for the footing depth on the detail.

Address:

Woodlake Park - Sacramento
, Standard: ASCE/SEI 7-16 Latitude: 38.60546
Risk Category: II Longitude: -121.45523
Soil Class: D - Default (see
Section 11.4.3)
Elevation: 28.47067418533976 ft
(NAVD 88)
Wind
Results:

Wind Speed 94 Vmph
10-year MRI 65 Vmph
25-year MRI 71 Vmph
50-year MRI 76 Vmph
100-year MRI 80 Vmph
Data Source: ASCE/SEI 7-16, Fig. 26.5-1B and Figs. CC.2-1–CC.2-4, and Section 26.5.2 Date Accessed: Thu Jan 09 2025
Value provided is 3-second gust wind speeds at 33 ft above ground for Exposure C Category, based on linear interpolation between contours. Wind speeds are interpolated in accordance with the 7-16 Standard. Wind speeds correspond to approximately a 7% probability of exceedance in 50 years (annual exceedance probability =

0.00143, MRI = 700 years).

Site is not in a hurricane-prone region as defined in ASCE/SEI 7-16 Section 26.2.

SS : 0.536
S1 : 0.245
Fa : 1.371
Fv : N/A
SMS : 0.735
SM1 : N/A
SDS : 0.49
SD1 : N/A
TL : 12
PGA : 0.225
PGA M : 0.309
FPGA : 1.375
Ie : 1
Cv : 1.057
Seismic
Site Soil Class:

Results:

Data Accessed:

Date Source:

D - Default (see Section 11.4.3)
USGS Seismic Design Maps
Ground motion hazard analysis may be required. See ASCE/SEI 7-16 Section 11.4.8.

Thu Jan 09 2025
The ASCE Hazard Tool is provided for your convenience, for informational purposes only, and is provided “as is” and without warranties of any kind. The location data included herein has been obtained from information developed, produced, and maintained by third party providers; or has been extrapolated from maps incorporated in the ASCE standard. While ASCE has made every effort to use data obtained from reliable sources or methodologies, ASCE does not make any representations or warranties as to the accuracy, completeness, reliability, currency, or quality of any data provided herein. Any third-party links provided by this Tool should not be construed as an endorsement, affiliation, relationship, or sponsorship of such third-party content by or from ASCE.

ASCE does not intend, nor should anyone interpret, the results provided by this Tool to replace the sound judgment of a competent professional, having knowledge and experience in the appropriate field(s) of practice, nor to substitute for the standard of care required of such professionals in interpreting and applying the contents of this Tool or the ASCE standard.

In using this Tool, you expressly assume all risks associated with your use. Under no circumstances shall ASCE or its officers, directors, employees, members, affiliates, or agents be liable to you or any other person for any direct, indirect, special, incidental, or consequential damages arising from or related to your use of, or reliance on, the Tool or any information obtained therein. To the fullest extent permitted by law, you agree to release and hold harmless ASCE from any and all liability of any nature arising out of or resulting from any use of data provided by the ASCE Hazard Tool.

05/12/2025
Leavitt United Insurance Services, Inc.

Lic #0J02939
2358 Maritime Dr., Ste 100
Elk Grove CA 95758
Shala Pearson
(800) 549-4242 (888) 329-8842
[email protected]
Parker Landscape Development, Inc.
6011 Franklin Blvd
Sacramento CA 95824
Travelers Indemnity Company of Connecticut 25682
Travelers Property Casualty Company of America 25674
Clear Spring Property and Casualty Company 15563
Westchester Surplus Lines Insurance Company 10172
25/26 Master
A
Deductible $5,000
Y 4T22-CO-5W913629-TCT-25 03/31/2025 03/31/2026
1,000,000
300,000
5,000
1,000,000
2,000,000
2,000,000
Electronic Data Liability 1,000,000
A Y 8105W889729242SG 03/31/2025 03/31/2026
1,000,000
B
10,000
CUP-5W936993-25-2S 03/31/2025 03/31/2026
5,000,000
5,000,000
C Y CSWC02425102 03/31/2025 03/31/2026
1,000,000
1,000,000
1,000,000
D
Pollution Liability G71157210007 07/12/2024 07/12/2025
Each Pollution Condition $2,000,000
General Aggregate $2,000,000
Deductible $2,500
Re: Dixieanne Tot Lot Resurfacing - PN: L19706097
City of Sacramento its employees, officers and agents are included as Additional Insureds with respect to General and Auto Liability, when required in written contract per policy provisions, conditions, and exclusions. General and Auto Liability insurance is Primary and Noncontributory, when required in written contract per policy provisions, conditions, and exclusions. Waiver of Subrogation applies to Workers Compensation, when required in written contract per policy provisions, conditions, and exclusions.

City of Sacramento
c/o EXIGIS LLC
P.O. Box 4668 ECM- #35050
New York NY 10168-4668

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

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

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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 rights to the certificate holder in lieu of such endorsement(s).

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

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

SUBR WVDADDL
INSD

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

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$ OCCUR
CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION
AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Policy Number: 4T22CO5W913629TCT25 Effective Date 03/31/2025

3/31/2025 CSWC02425102
POLICY NUMBER: 4T22CO5W913629TCT25 ISSUE DATE: 03/31/2025

Synthia Rhinehart
7/17/2024

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024

AUTHORITY, PURPOSE AND SCOPE OF WORK

1. Authority & Purpose
This Standard Agreement, STD 213, (hereinafter “Agreement”) is the result of the Recipient’s application (“Application”) for funding under the Affordable Housing and Sustainable Communities Program (“Program”) pursuant to:

A. Part 1 of Division 44 of the Public Resources Code (commencing with Section 75200);
B. The Round 7 Program Guidelines dated December 15, 2022 (the “Guidelines”), issued by the State of California, Strategic Growth Council (“SGC”) and as may be amended from time to time; and
C. The Program’s Notice of Funding Availability (“NOFA”) issued by the Department Housing and Community Development (hereinafter the “Department” or “HCD”), is dated January 30, 2023. References to the NOFA shall include any updates and amendments made thereto.

The Application and the Project Report dated as of the date specified in provision Ex. AE.1 of Exhibit E of this Agreement (the “Project Report”) including all representations made therein, are hereby incorporated in this Agreement by this reference.

By entering into this Agreement and thereby accepting the award of Program grant funds as detailed in the award letter dated as of the date specified in provision Ex. A-E.2 of Exhibit E (“Award Letter”) (“Grant”), the Recipient agrees to comply with applicable statutory law, Guidelines, the NOFA, and this Agreement, and to abide by the representations made in the Application, and the terms and conditions of the Disbursement Agreement, which is more particularly described in Exhibit B, Section 6 of this Agreement.

2. Definitions
Capitalized terms herein shall have the meaning of the definitions set forth in the Guidelines, and page 1 of this Exhibit A, in addition:
“Development” refers to the residential rental Affordable Housing Development described in the Application and meeting the criteria set forth in the Project Report providing the affordable housing units, as described therein, in consideration of the BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
award of Program funds. The Development shall meet all the criteria as set forth in the Guidelines.
“Recipient” refers to the entity or entities submitting the Application or to a related entity approved by the Department entering into this Agreement and identified as “Contractor” on page 1 to this Agreement (STD 213). In the case of joint applicants, “Recipient” shall also refer to each applicant or the Department-approved assignee of such applicant.

Each joint applicant shall be jointly and severally liable for all obligations of a Recipient as set forth herein.

Any reference to a specific “Section” or “section” of the Guidelines shall initially refer to that specific numbered section of the Guidelines adopted on and dated December 15, 2022. Notwithstanding, if and when SGC amends any portion of the Guidelines, all references herein to any such portion of the Guidelines shall be deemed to refer to the updated version of the Guidelines, either in whole or in part, as may be applicable. To the extent that any Guidelines section or sections (Section or Sections) provision is or are amended, and thereafter receive(s) a new Guidelines section number(s), any reference herein to the old Guidelines section(s) number(s) shall be interpreted to refer instead to the Guidelines section(s) that is (or are) intended to replace the content and substance of the former Guidelines section(s).

3. Scope of Work
The Scope of Work (“Work”) for this Agreement shall consist of one or more of the following categories, by or on behalf of the Recipient, within the Program Project Area as detailed in provision A-E.3 of Exhibit E of this Agreement, and the Project Report:

Housing Related Infrastructure (HRI)
Program Costs (PGM)
Sustainable Transportation Infrastructure (STI)
Transportation-Related Amenities (TRA)
The Department, the Recipient and other parties as required by the Department shall enter into a Disbursement Agreement governing among other things the disbursement of Program funds as more particularly described in Exhibit B, Section 6 hereto.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
At the request of the Department, Recipient shall provide further and additional evidence sufficient to demonstrate the existence and/or completion of the items listed in the Project Report for which the Recipient’s Application received points. Failure to provide such evidence to the reasonable satisfaction of the Department may result in a re-evaluation of the Application and the reductions or cancellation of the amount of the grant award or may require repayments of any disbursed Program funds and the disencumbrance of Program funds awarded.

The Development that is identified in the Award Letter and described in the Application, and that is supported by the HRI Work, if any, and which is to be developed and constructed by the Recipient, or other developer on behalf of the Recipient, contains the unit mix set forth in provision Ex A-E.4 of Exhibit E of this Agreement.

A. HRI
The Scope of Work for this Agreement for Housing-Related Infrastructure (“HRI Work”) is as set forth in provision Ex. A-E.5 of Exhibit E of this Agreement.

The HRI Work is necessary for the development of the Development. The Recipient is responsible for and shall ensure the completion of the HRI Work and the completion and occupancy of the Development in accordance with the criteria set forth above and in the Project Report. The Department reserves the right to review and approve all HRI Work to be performed by the Recipient, or contracted by the Recipient, in relation to this Agreement. Any revision to the HRI Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.

B. Program Costs
The Scope of Work for this Agreement for Program Costs (“PGM Work”) is as set forth in provision Ex. A-E.6 of Exhibit E of this Agreement.

The Recipient is responsible for and shall ensure the completion of the PGM Work associated with the Program Costs in accordance with the criteria set forth above and in the Project Report. The Department reserves the right to review and approve all PGM Work to be performed by the Recipient, or contracted by the Recipient, in relation to this Agreement. Any revision to the PGM Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
C. Sustainable Transportation Infrastructure
The Scope of Work for this Agreement for Sustainable Transportation Infrastructure (“STI Work”) is as set forth in provision Ex. A-E.7 of Exhibit E of this Agreement.

The Recipient is responsible for and shall ensure the completion of the STI Work in accordance with Program requirements, the Application, and the criteria set forth in the Project Report. The Department reserves the right to review and approve all STI Work to be performed by the Recipient in relation to this Agreement. Any revision to the STI Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.

D. Transportation-Related Amenities
The Scope of Work for this Agreement for Transportation-Related Amenities (“TRA Work”) is as set forth in provision Ex. A-E.8 of Exhibit E of this Agreement.

The Recipient is responsible for and shall ensure the completion of the TRA Work in accordance with the criteria set forth above and in the Project Report.

The Department reserves the right to review and approve all TRA Work to be performed by the Recipient in relation to this Agreement. Any revision to the TRA Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.

4. Criteria Applicability
Based on the points awarded to its Application, Recipient assures the Department of the existence of the criteria of Section 107 of the Guidelines as set forth in provision Ex. AE.9 of Exhibit E of this Agreement.

A. GHG Emissions Reductions Estimate
Based on the inputs in the Application, the estimated total MTCO2e over the life of the project is detailed in provision Ex. A-E.10 in Exhibit E of this Agreement.

Information on this Project’s GHG scoring data can be located on SGC’s website in a document called Round 7 Data for Public Release.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024

5. Performance Milestones
Recipient shall ensure the completion of the Performance Milestones set forth in provision Ex. A-E.11 of Exhibit E of this Agreement by the designated dates contained therein.

When Recipient misses or anticipates missing a Performance Milestone deadline, Recipient shall notify the Department in writing as soon as is reasonably practicable. In this notification, Recipient shall explain why the deadline has been or will likely be missed; provide a status update relative to the other Performance Milestone deadlines; and provide assurances that it will meet the remaining Performance Milestone deadlines.

Recipient’s failure to provide a timely written notification shall be considered a default under this Agreement.

6. HCD Contract Coordinator
The HCD Contract Coordinator of this Agreement for the Department is the Division of State Financial Assistance Loan Closing AHSC Program Manager, or the Manager’s designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the HCD Contract Coordinator at the following address:

Loan Closing AHSC Program Manager
Division of State Financial Assistance - Loan Closing Branch Department of Housing and Community Development
P.O. Box 952054
Sacramento, California 94252-2054

7. Recipient Contact Coordinator
The Recipient’s Contract Coordinator for this Agreement is listed in provision Ex. A-E.12 of Exhibit E of this Agreement.

BRIDDGE Housing Corporation
23-AHSC-17944

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Project Sources and Uses
The sources and uses (“Sources and Uses”) set forth in this Exhibit B contains the cost items for the design, development and construction of the approved Work. Recipient agrees that any cost overruns or increases resulting in a total cost exceeding that set forth therein shall be the responsibility of Recipient.

2. Contract Amount
A. For the purposes of performing the Work, the Department agrees to provide the Grant in the aggregate amount identified on page 1, number 3 of this Agreement (STD 213) in the form of a grant for the uses identified in the Sources and Uses.

In no instance shall the Department be liable for any costs for the Work in excess of this Grant amount, or for any unauthorized or ineligible costs. 1) For the purposes of performing the Work related to the HRI, as set forth in provision Ex. A-E.5 of Exhibit E of this Agreement, the Department agrees to provide the amount set forth in provision Ex. B-E.1 of Exhibit E of this Agreement, in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work in excess of this amount, or for any unauthorized or ineligible costs.
2) For the purposes of performing the Work related to the PGM, as set forth in provision Ex. A-E.6 of Exhibit E of this Agreement, the Department agrees to provide the amount set forth in provision Ex. B-E.2 of Exhibit E of this Agreement, in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work in excess of this amount, or for any unauthorized or ineligible costs.
3) For the purposes of performing the Work related to the STI, as set forth in provision Ex. A-E.7 of Exhibit E of this Agreement, the Department agrees to provide the amount set forth in provision Ex. B-E.3 of Exhibit E of this Agreement in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work in excess of this amount, or for any unauthorized or ineligible costs.

BRIDDGE Housing Corporation
23-AHSC-17944

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
4) For the purposes of performing the Work related to the TRA, as set forth in provision Ex. A-E.8 of Exhibit E of this Agreement, the Department agrees to provide the amount set forth in provision Ex. B-E.4 of Exhibit E of this Agreement, in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work in excess of this amount, or for any unauthorized or ineligible costs.

B. The Department may approve a request from the Recipient to reallocate funds between authorized activities and itemized amounts stated in the budget for the designated grant Work, except where Scoring Criteria, total point scores, or overall ranking of the Project is impacted. Reallocation of funds between authorized activities that impact any of these areas will not be allowed. Changes in aggregate of ten percent or less, of the total grant amount between activity categories during the term of this Agreement, and expenditures pursuant thereto, may be made only after the Department’s express written approval, but do not require a written amendment to this Agreement.

3. Other Funding Sources
Where the Sources and Uses set forth in this Exhibit B identify funds other than Program funds, those funds shall be expended and applied to Project costs as provided therein. Recipient agrees that it will make best efforts to ensure that the other funds specified in the Sources and Uses are available for disbursement as provided in this Exhibit and approved for the use specified in the Sources and Uses, except to the extent the Sources and Uses may be updated and modified by the Disbursement Agreement described below. The Recipient shall provide evidence and assurance of the commitment and availability of such other sources of funding identified in the Sources and Uses as provided in the Disbursement Agreement. The terms and conditions of all construction financing to be used in conjunction with the Program funds shall be subject to the Department’s review and approval.

4. Completion Dates
A. Program funds must be disbursed no later than September 30, 2028.

B. All un-disbursed funds remaining as of September 30, 2028, shall be disencumbered.

BRIDDGE Housing Corporation
23-AHSC-17944

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
C. All invoices for payment must be submitted to the Department no later than March 30, 2028.

D. This Agreement shall expire on November 30, 2043.

5. Method of Payment
A. Payment shall be made as reimbursed progress payments as set forth in the Disbursement Agreement. Recipient shall request payment for work completed on forms provided by the Department and subject to such documentation as the Department may require.

B. The Department shall not authorize payments unless it determines that the Program funds shall be expended and disbursed in compliance with the terms and provisions of the Guidelines, the NOFA, this Agreement and the Disbursement Agreement.

6. Disbursement Agreement
A. The Recipient, the Department and such other parties as may be reasonably required by the Department, shall enter into a Disbursement Agreement in a form provided by the Department. The Disbursement Agreement shall contain a specific description of the Work, an updated table of Sources and Uses, and the specific terms and conditions for the disbursement of Program funds. In the event of a conflict between this Agreement and the Disbursement Agreement, as determined by the Department, the terms of the Disbursement Agreement, being the later and more specific document, shall govern; provided however, that no resolution of any such conflict shall be contrary to, or result in a waiver or violation of, the Guidelines or the NOFA.

B. The requirement for a Disbursement Agreement, set forth in this paragraph, may be waived by the Department where, at its sole discretion, it determines that:
1) Satisfactory completion of the Work has occurred,
2) Proper disbursement and use of Program funds have occurred, 3) Performance of, and compliance with, all the obligations, terms and conditions of this Agreement have occurred, and,
BRIDDGE Housing Corporation
23-AHSC-17944

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
4) Compliance with all applicable statutes, laws, guidelines, and regulations, all have been or will be achieved without the execution of a Disbursement Agreement. The Department may require the submittal by the Recipient of such information, records, documents, certificates and other material, as it deems necessary to make this determination.

C. Payee Data Record Form must be filled out by each Recipient receiving grant funds. All payee(s) receiving Grant funds are listed in provision Ex. B-E.5 of Exhibit E of this Agreement.

SOURCES AND USES - HRI

PROJECT BUDGET
Sources and Uses for the HRI Work are as set forth in provision Ex. E-B.6 of Exhibit E of this Agreement.

SOURCES AND USES – PROGRAM COSTS

PROJECT BUDGET
Sources and Uses for the PGM Work are as set forth in provision Ex. E-B.7 of Exhibit E of this Agreement.

SOURCES AND USES - STI

PROJECT BUDGET
Sources and Uses for the STI Work are as set forth in provision Ex. E-B.8 of Exhibit E of this Agreement.

SOURCES AND USES – TRA

PROJECT BUDGET
Sources and Uses for the TRA Work are as set forth in provision Ex. E-B.9 of Exhibit E of this Agreement.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024

AHSC PROGRAM TERMS AND CONDITIONS

GENERAL

1. Effective Date, Commencement of Work and Completion Dates This Agreement is effective upon approval by all parties and the Department, which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213 (the “Effective Date"). The Recipient agrees that neither the construction of the Development nor the Work has commenced as of the deadline for submittal of applications set forth in the Notice of Funding Availability. The Recipient agrees that the Work shall be completed as specified in this Agreement, and as set forth in the Project Report, incorporated in this Agreement by reference subject to the Agreement expiration date specified on page 1, number 2, of this Agreement (STD 213), and in Exhibit B, unless a written request for an extension is submitted and written approval by the Department is provided within 90 days prior to the expiration date of the Agreement.

Any extension to the expiration date shall require an amendment to this Agreement.

2. Termination
Notwithstanding any other provision of this Agreement, the Department may terminate this Agreement at any time for cause by giving at least 14 days’ notice in writing to the Recipient. Cause shall consist of violations by Recipient of any General or Special Terms and Conditions of this Agreement. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any Program Grant funds received by the Recipient shall be returned to the Department within 14 days of the Notice of Termination. In the event of withdrawal of the Department's expenditure authority, all obligations of the Department to continue funding any amounts, whether for the benefit of Recipient or any other persons, shall fully and immediately cease and terminate, and the Department shall thereafter have no duty or obligation to undertake or perform any act that it is not legally or practically able to. Department makes no representation or warranty, express or implied, to Recipient or any other persons that all or any portion of the Program Grant Documents will be enforceable after the withdrawal of the Department’s funding authority.

3. Program Grant Documents
In addition to this Agreement, the Recipient shall execute and enter into a Disbursement Agreement which shall govern the terms, disbursement and use of the Program funds, the Covenant described below, and other additional agreements and documents, as the Department may deem reasonable and necessary to meet the requirements of the BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
Program and the terms and conditions of this Agreement. The Department may request, and if requested, the Recipient shall agree to and record a performance deed of trust ensuring the completion of the Work. Said performance deed of trust shall be recorded against the entire legal parcel underlying the object which it ensures is being constructed.

4. Covenant Regarding the Development
Prior to the disbursement of Program funds, the Recipient shall enter into a written Covenant Regarding the Affordable Housing Development (”Covenant”) with the Department, and including such other parties as the Department may reasonably require, which shall require the development and construction of the Development with, the number of units and the number of bedrooms per unit, the extent and depth of affordability, as set forth in the Project Report and Exhibit A, and other uses and amenities for which points were granted to the Application. The Covenant shall be recorded against the parcel or parcels of real property on which the Development is to be located and shall be binding on all successors, transferees, and assignees acquiring an interest in the Development as follows:

A. For rental affordable housing developments, the Covenant shall require the continuation of the affordability of the Development for a period of not less than 55 years from the date of the filing of a Notice of Completion for the Development.

B. For homeownership affordable housing developments, the Covenant shall require the continuation of the affordability for a period of no less than 30 years from the date of a filing of a Notice of Completion for the Development. The affordability will be ensured through a resale restriction or equity sharing upon resale.

C. The Department may waive this requirement for the Covenant upon the Department’s determination that sufficient protections are in place to ensure the development and continued operation and occupancy of the Development in accordance with this Agreement.

D. In addition to the Covenant, the Department may request, and if requested, the Recipient shall agree to and record a performance deed of trust ensuring the completion of the Work. Said performance deed of trust shall be recorded against the entire legal parcel underlying the object which it ensures is being constructed. Alternatively, the Department may require that the Covenant BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
contain a power of sale clause, which may be exercised if the Work is not timely completed, or in the event of an uncured breach of this Agreement.

5. Site Control
The Recipient shall ensure that Site Control of the real property associated with the Work is sufficient to meet the requirements of the Program. This shall include, but not be limited to, sufficient control to ensure the timely commencement and completion of the Work as determined by the Department. Site control of the real property on which the Work will occur may be evidenced by one of the following:

A. Fee title;
B. A leasehold interest on the property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit, prior to grant funding, compliance with all program requirements;
C. An enforceable option to purchase or lease which shall extend through the anticipated date of the Program award as specified in the NOFA; D. An executed disposition and development agreement, right of way, or irrevocable offer of dedication to a Public Agency;
E. An executed encroachment permit for construction of improvements or facilities within the public right of way or on public land;
F. An executed agreement with a public agency that gives the applicant exclusive rights to negotiate with the agency for the acquisition of the site, provided that the major terms of the acquisition have been agreed to by all parties; or G. A land sales contract or enforceable agreement for acquisition of the property.

The Recipient shall also obtain all licenses, easements and rights-of-way or other interests required for completion of the Work and provide evidence of such instruments prior to the first disbursement of Program funds.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024

6. Appraisals
Recipient shall, at the request of the Department, provide an appraisal of the real property to be acquired as part of the Work, prepared in a form, and by a qualified appraiser, acceptable to the Department.

7. Relocation Plan
If there is, or will be any residential or commercial displacement directly or indirectly caused by the Work, as defined in state law, the Recipient shall provide a relocation plan conforming to the requirements of state law and the regulations adopted by the Department in California Code of Regulations, Title 25, section 6000 et seq. The project and/or the development budget shall contain sufficient funds to pay all costs of relocation benefits and assistance as set forth in the relocation plan accepted by the Department. Should a relocation plan not be required, Recipient must provide documentation for Department approval that there are no relocation requirements.

8. Article XXXIV
The Recipient shall deliver to the Department satisfactory evidence that the requirements of Article XXXIV of the California Constitution are inapplicable or have been satisfied.

9. Environmental Conditions
The Recipient shall provide to the Department the following:

A. All Environmental Site Assessment (“ESA”) Reports (to include Phase I, II, III, supplemental or update assessments and reports) for the Work, in conformance with ASTM Standard Practice E 1527, evaluating whether the Work is affected by any recognized environmental conditions.

B. Documentation and/or a certification satisfactory to the Department that all ESA Report recommendations including remediation and/or mitigation work have been completed.

C. Mitigation requirements required as a result of the Final Environmental Impact Report (“EIR”) or Mitigated Negative Declaration if applicable and evidence satisfactory to the Department that all mitigation requirements have been satisfied.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024

10. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Recipient agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Work, the Recipient, it’s Contractors or Subcontractors, and any Grant activity.

11. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Recipient shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.

12. Milestones
Recipient shall ensure the completion of the Performance Milestones set forth in the Project Report and Exhibit A of this Agreement, and as further set forth in the Disbursement Agreement by the designated dates. Recipient shall timely inform the Department when a milestone is missed or at risk of being missed, provide an update of these timelines and provide assurances from the Recipient for timely completion of the remaining Milestones. Failure to timely notify the Department shall be considered a default under this Agreement.

13. Insurance
The Recipient shall have and maintain in full force and effect forms of insurance, at such levels and for such periods, in accordance with the Disbursement Agreement.

14. Change of Conditions
Notwithstanding the Department’s obligation to provide payments pursuant to Exhibit B hereof, the Department reserves the right to evaluate the Recipient’s need for Program funds based on new information or funding sources associated with the Work. If the Department determines that the Program funds, or a portion thereof, are no longer BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
necessary to complete the Work, the Department may reduce the amount of the Grant accordingly. In the event the Department determines the Work is no longer financially feasible, any Grant commitment issued by the Department and this Agreement may be terminated.

15. Obligations of Recipient with Respect to Certain Third-Party Relationships The Recipient shall remain fully obligated under the provisions of this Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Work with respect to which assistance is being provided under this Agreement. The Recipient shall comply with all lawful requirements of the Department necessary to ensure the completion, occupancy and use of the Work in accordance with this Agreement.

16. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement or to require at any time performance by the Recipient of these provisions shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.

17. Identity of Interests
As a condition of disbursement, Recipient shall execute a Certificate of Identity of Interest (“Certificate”) listing all relationships constituting an identity of interest with entities providing goods or services in connection with Recipient’s performance of the Work. The Certificate shall be in a form provided by the Department. At the Department’s request, Recipient shall submit contracts, instruments, documents, correspondence, or other writings relating to Recipient’s relationship with entities listed in the Certificate. The existence and nature of such relationships shall be subject to the review and approval of the Department and to the extent necessary to ensure compliance with Program requirements and this Agreement.

DESIGN REQUIREMENTS

18. Architect
The Recipient shall utilize the services of an architect and/or an engineer to provide professional design and engineering services for the Work. The contract shall require an architect and/or an engineer to supervise the construction work, conduct periodic site BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
visits, prepare periodic inspection reports, verify the validity of the construction contractor’s payment requests, prepare or review change orders, and, upon completion of construction, provide the certification described in paragraph 33 of these Program Terms and Conditions. At the request of the Department, Recipient shall submit any and all contracts for these services to the Department for its review and approval.

19. Plans and Specifications and Project Cost Estimates At the request of the Department, the Recipient shall submit plans and specifications and project cost estimates for the Work to the Department for its review and approval. The Work shall be constructed in substantial compliance with the plans and specifications, subject to any change order(s) accepted by the Department where such acceptance is required.

20. Reasonable Development Costs
At the request of the Department, the Recipient shall provide evidence acceptable to the Department that the total costs of the Work are reasonable and necessary for the proposed improvements. To verify cost reasonableness, the Department may require qualified third-party verification of cost, evidence of the competitive bidding of major cost components and appraisals.

21. Adaptability and Accessibility
The Work shall comply with all applicable federal, state and local laws regarding adaptability and accessibility for persons with disabilities in the design, construction and rehabilitation of projects.

22. Acoustics Report
Upon request, the Recipient shall provide the Department with an acoustics report for the Affordable Housing Development in form acceptable to the Department.

23. Approval by Public Works Department
Where approval by a local public works department, or its equivalent, is required for the Work, the Recipient must submit, prior to the disbursement of Grant funds, a statement from that department, or other documentation acceptable to the Department, indicating that the Work has been approved by that department.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/24/2023
Prep. Date: 01/25/2024

CONSTRUCTION REQUIREMENTS

24. Construction Contract
Except for work performed by its own employees, the Recipient shall enter into a written construction contract or contracts (“Construction Contract(s)”) with a duly licensed contractor or contractors (“Contractor(s)”) for the construction activities of the Work. The Construction Contract(s) shall require, where applicable, prevailing wages be paid in conformance with Labor Code section 1720 et seq. and applicable provisions of this Agreement. The Construction Contract(s) and any amendments thereto shall be subject to the prior approval of the Department.

25. Contractor's Assurance of Completion
The Contractor(s) shall provide security to assure completion of the Work by furnishing the Recipient with Performance and Payment Bonds, or a Letter of Credit, which shall remain in effect during the entire term of the Construction Contract(s), and which shall be in a form and from an issuer which is acceptable to the Department. The Performance Bond shall be in an amount at least equal to 100 percent of the approved construction costs included in the Construction Contract(s) to provide security for the faithful performance of the Construction Contract(s) including a warranty period of at least 12 months after completion. The Payment Bond shall be in an amount at least equal to 100 percent of the approved construction costs included in the Construction Contract(s) to provide security for the payment of all persons performing labor on the Work and furnishing materials in connection with the Construction Contract. A Letter of Credit shall be in an amount equal to at least 20 percent of the approved construction costs included in the Construction Contract(s), in the form of an unconditional irrevocable, stand-by letter of credit. The Department shall be named as an additional obligee in the Bonds or an additional beneficiary under the Letter of Credit.

26. Prevailing Wages
Pursuant to Section 113 of the Guidelines, Recipient will ensure compliance with State Prevailing Wage Law (Labor Code Sections 1720-1781).

27. Construction Phase Information
If requested by the Department, the Recipient shall provide the Department:

A. Information during the construction period, including but not limited to all change orders and modifications to the construction documents, and all inspection BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
reports of the Work. Upon written notice to Recipient, the Department may require its advance written approval of all future change orders and modifications. Deviations from the plans and specifications which have the effect of reducing the quality, life or utility of a specified item or system must receive the prior written approval of the Department. Should change orders be submitted to the Department for its approval, they shall be deemed accepted if not rejected in writing within 10 business days of receipt by the Department. Recipient shall not authorize or approve any change orders rejected by the Department where the Department’s approval is required.

B. Information during the construction period including but not limited to all change orders and modifications to the construction documents, all inspection reports prepared by the Development architect and other consultants, and information relative to the Development income, expenses, occupancy, relocation benefits and expenses, contracts, operations and conditions of the Housing Development.

Upon written notice to Recipient, the Department may require its advance written approval of all future change orders and modifications. Deviations from the plans and specifications which have the effect of reducing the quality, life or utility of a specified item or system must receive the prior written approval of the Department. Should change orders be submitted to the Department for its approval, they shall be deemed accepted if not rejected in writing within 10 business days of receipt by the Department. Recipient shall not authorize or approve any change orders rejected by the Department where the Department’s approval is required.

Signage
Recipient shall place signs on the construction site for the Work stating that the Department is providing financing through the Program in an appropriate location(s), typeface and size containing the message set forth in provision Ex. .1 of Exhibit E of this Agreement.

The sign shall be maintained in a prominent location visible and legible to the public through construction completion. If the job sign includes the acknowledgment and/or logo of one or more other public lenders or grantors, the acknowledgement and logos required by this Paragraph 28 shall also be displayed in a similar size and layout. Copies of the Department, SGC and California Climate Investments (“CCI”) logos can be obtained by contacting the HCD Contract Coordinator.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
its request, with copies of any photographs that may be taken of the Work by or on behalf of the Recipient or its architect. The Recipient will provide an acceptable written consent and release agreement authorizing use of said photographs, all at no expense to the Department.

INSPECTION OF GRANT ACTIVITIES

29. Site Inspection
The Department reserves the right, upon reasonable notice, to inspect the Work site and any structures or other improvements thereon to determine whether the Work site meets the requirements of Program and this Agreement. If the Department reasonably determines that the site is not acceptable for the proposed Work in accordance with the Guidelines, the Department reserves the right to cancel its funding commitment and this Agreement.

30. Work Inspection
A. The Department and any authorized representative of the Department shall have the right, during construction and thereafter, to enter upon and inspect the construction of the Work to ensure that the construction is being and has been performed in accordance with the applicable Federal, State, and /or local requirements, the Guidelines and the terms of this Agreement. Such right to inspect shall include, but shall not be limited to, the right to inspect all work done, all materials and equipment used or to be used, and all books and records, including payroll records, maintained in connection with the construction work.

Such right of inspection shall be exercised in a reasonable manner.

B. The Recipient shall be required to correct all circumstances found by such inspections not to conform to the applicable Program requirements, and to withhold payment to the Contractor and/or Subcontractor(s) until action(s) to correct the non-conforming circumstances is/are corrected by the Recipient and approved by the Department.

C. The Department reserves the right to withhold payment for any costs found not to conform to applicable Program requirements until such actions have been taken to correct the non-conforming circumstances and such corrective actions have been approved by the Department.

D. The Department shall have no affirmative duty to inspect the Work and shall incur no liability for failing to do so. Once having undertaken any inspection, BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
neither the Department, nor any representative of the Department shall incur any liability for failing to make any such inspection properly, or for failing to complete any such inspection. The fact that such inspection may or may not have occurred shall not relieve the Recipient, the contractor, the construction lender, the architect, the structural engineer, the locality or anyone else of any obligation to inspect the Work.

31. Audit/Retention and Inspection
A. The Department, its representatives or employees, or its delegatee shall have the right to review, obtain, and copy all records pertaining to performance of the Agreement. Recipient shall provide the Department or its delegatee with any relevant information requested and shall permit the Department or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material. Recipient further agrees to maintain such records for a minimum period of four years after final payment under the Agreement, unless a longer period of records retention is stipulated.

B. Payment for any cost which is not authorized by this Agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the Department or its designee by the Recipient.

C. At any time during the term of this Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the Work. At the Department’s request, the Recipient shall provide, at its own expense, a financial audit prepared by a certified public accountant.

D. The audit shall be performed by a qualified State, Department, local or independent auditor. The Agreement for audit shall include a clause which permits access by the Department to the independent auditor's working papers.

E. If there are audit findings, the Recipient shall submit a detailed response to the Department for each audit finding. The Department will review the response and, if it agrees with the response, the audit process ends, and the Department will notify the Recipient in writing. If the Department is not in agreement, the Recipient will be contacted in writing and will be informed as to the corrective actions required to cure any audit deficiencies. This action could include the repayment of disallowed costs or other remediation.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
F. If so directed by the Department upon termination of this Agreement, the Recipient shall cause all records, accounts, documentation and all other materials relevant to this Agreement to be delivered to the Department as depository.

COMPLETION OF CONSTRUCTION

32. Relocation Plan Implementation Report
The Recipient shall provide a report, in a form acceptable to the Department, summarizing the actions taken and identifying all recipients of relocation assistance and benefits, and the amounts paid, and benefits provided, to or on behalf of each recipient.

33. Architect Certification
Where required by the Department, the Recipient shall cause the Work architect(s) or other appropriate professional to certify to the Department, in form acceptable to the Department, that all construction is completed in accordance with the “as-built” Plans and Specifications and in compliance with all applicable federal, state and local laws relating to disabled accessibility.

34. Cost Certification
At the request of the Department, the Recipient shall submit a Work cost certification that shall have been audited by an independent certified public accountant in accordance with the requirements of the Department and the California Tax Credit Allocation Committee, if applicable. The Recipient (and the developer or builder if there is an identity of interest with the Recipient) shall keep and maintain records of all construction costs not representing work done under the construction contract and to make such records available for review by the Department.

35. Recorded Notice of Completion
The Recipient shall provide to the Department a certified copy of any Notice of Completion for the Development recorded in the county in which the Development is located.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024

36. “As-Built” Plans and Specifications
Upon completion, at the request of the Department, the Recipient shall submit “as-built” plans and specifications for the Work and Development acceptable to the Department.

AFFORDABLE HOUSING DEVELOPMENT REQUIREMENTS

37. Confirmation of Permitted Housing Units
Conditions precedent to the first disbursement of Program funds shall include receipt of all required public agency entitlements and all required funding commitments for the Development. The housing units to be developed in the Development must be completed, as evidenced by receipt of a certificate of occupancy, within the time period established in this Agreement.

REPORTING REQUIREMENTS

38. Reports on California Climate Investments
Upon Department’s request, Recipient shall provide to the Department any and all necessary data that it is legally and factually able to provide that is required to be reported pursuant to the most recently adopted Funding Guidelines for California Climate Investments by the California Air Resources Board.

39. Reports on Work
Recipient shall submit, upon request of the Department, a periodic performance report regarding the construction or implementation of the Work. The reports will be filed on forms provided by the Department.

40. Reports on Affordable Housing Development
Recipient shall submit to the Department periodic reports, as required by the Department, but not less than annually, describing the development, construction and occupancy of the Development and the housing designated in the Application. The report shall include, but not limited to, information regarding unit affordability and occupancy, construction and permanent financing evidenced by commitment letters, and a construction and completion schedule demonstrating compliance with this Agreement and the Guidelines. The reports will be filed on forms provided by the Department.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024

41. Updated Information
Recipient shall provide the Department updated documentation for any substantial change in the information previously provided relating to the Work and the conditions described above.

42. Monitoring Requirements
The Program may perform program and/or fiscal monitoring of the Grant. The Recipient agrees to cooperate with any such monitoring and provide reasonable access to all Work files, records, documents and other information to employees or representatives of the Department. The Recipient shall resolve any monitoring findings to the Program's satisfaction by the deadlines set by the Department.

REPAYMENT OF GRANT FUNDS

43. Breach of this Agreement
In the event of a breach or violation by the Recipient of any of the provisions of this Agreement, including without limitation, the times for commencement and completion of the construction of the Development and the housing designated in the Application as set forth in this Agreement, the Department may give written notice to the Recipient to cure the breach or violation within a period of not less than 30 days. If the breach or violation is not cured to the satisfaction of the Department within the specified time period, the Department, at its option, may declare a default of the Agreement and may seek remedies for the default, including the following:

A. The Department may terminate this Agreement and demand repayment of the Program funds to the extent that work for costs to be paid by Program funds as provided in Exhibit B remains unperformed or uncompleted. Recipient shall be liable for all costs to complete all such uncompleted or unperformed work.

B. The Department may seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the Work in accordance with Program requirements.

C. The Department may seek such other remedies as may be available under this Agreement or any law.

D. This Agreement may be canceled by the Department under any of the following conditions:

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
1) An uncured breach or violation by Recipient of this Agreement or the Disbursement Agreement;
2) The objectives and requirements of the Program cannot be met by continuing the commitment or this Agreement;
3) Construction of the Work or Development cannot proceed in a timely fashion in accordance with the Performance Milestones in Exhibit A of this Agreement; and,
4) Funding or disbursement conditions have not been or cannot be fulfilled within required time periods.

44. AHSC Cross-Default Provision
A. This award was based on the total points awarded the Recipient’s Application, during a highly competitive process. The Application proposed an integrated combination of some or all of the following Project components:

Affordable Housing Development (AHD);
Housing-Related Infrastructure (HRI);
Sustainable Transportation Infrastructure (STI);
Transportation-Related Amenities (TRA); and
Program (PGM)
The Application’s point score was based, in part, on the Project’s total projected reduction of greenhouse gas (GHG) emissions. The Project components (AHD, HRI, STI, TRA, and PGM) that were proposed in the Application and approved by the Department must be completed in order to achieve this projected reduction of GHG emissions.

B. By executing this Agreement, the Recipient acknowledges and agrees, that in the event the AHD component is not timely completed pursuant to Program requirements, that the Recipient will no longer qualify for the Grant award. In that event, all disbursements of Grant funds will cease, and the Recipients will be responsible for repayment of all disbursed Grant funds.

C. The Department recognizes that the Recipient may enter into a separate side agreement to address each individual Recipient entity’s responsibilities with respect to each other and with regard to the Program Grant funds and Program Loan Funds; provided, however, in no event shall any such agreement alter or BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 0 /2023
Prep. Date: 01/25/2024
amend the respective obligations of the Recipients to the Department under the applicable Grant Documents or Program Loan Documents, including the joint and several nature thereof.

45. Departmental Cross-Default Provision
In the event the Project or Development is or has been awarded any other Departmental grant or loan funding in addition to the Program Loan and Program Grant contemplated by the Award Letter from the Department to Recipient (each such funding, including the Program Loan and Program Grant referenced in the Award Letter, being a “Departmental Funding”), then each Departmental Funding will be cross-defaulted to the other Departmental Funding so that:

A. the compliance by the obligated party(ies) under the Department’s documentation relating to one Departmental Funding shall be a condition precedent to the funding and disbursement of the funds to be provided under all of the other Departmental Fundings; and
B. a default under one Departmental Funding shall constitute a default under all of the other Departmental Fundings.

The loan and grant documentation for each Departmental Funding shall reflect the cross-defaulted nature of all such fundings.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024

PROJECT-SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS

1. Project-Specific Provisions
The following are project-specific terms and conditions (and shall inform the references made to project-specific information not contained in prior exhibits.

Provision Ex. A-E.1 (As Referenced in Exhibit A, section 1) The Project Report is dated 11/28/2023.

Provision Ex. A-E.2 (As Referenced in Exhibit A, section 1) The Award Letter is dated 09/01/2023.

Provision Ex. A-E.3 (As Referenced in Exhibit A, section 3) The Scope of Work (“Work”) for this Agreement shall consist of one or more of the following categories, by or on behalf of the Recipient, within the Program Project Area:

Included
(“x”)
Grant Award Categories
Housing Related Infrastructure (HRI)
x Program Costs (PGM)
x Sustainable Transportation Infrastructure (STI)
x Transportation-Related Amenities (TRA)
BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
Provision Ex. A-E.4 (As Referenced in Exhibit A, section 3) The Development that is identified in the Award Letter and described in the Application, and that is supported by the HRI Work, if any, and which is to be developed and constructed by the Recipient, or other developer on behalf of the Recipient, contains the following unit mix:
* Rental Affordable Housing Developments must include at least 20 percent of the total residential units as Affordable Units with an overall Project average affordability of all Restricted Units within the Project no greater than 50 percent represented by Area Median Income (AMI).
440 Arden Way,
Sacramento, CA 95815
Sacramento County
440 Arden Way
Enter the number of units by bedroom size and income limit. # of
Bedrooms
# of Project
Units AHSC Assisted
Units*
Income Limit
(Percent of AMI)
TOTAL

RESTRICTED
UNITS**
1 19 19 25% 19
1 2 2 30% 2
1 19 19 50% 19
1 20 0 60% 20
2 6 6 30% 6
2 8 7 50% 8
2 17 0 60% 17
3 7 7 30% 7
3 9 0 50% 9
3 16 0 60% 16
2 1 0 Manager 0
Total Project
Units
124 60 123
BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
**Total Restricted units include all units restricted by the Program and the Tax Credit Allocation Committee (TCAC). The HRI Grant amount, if any, was calculated based on the number of Total Restricted Units.

Provision Ex. A-E.5 (As Referenced in Exhibit A, section 3A) Housing Related Infrastructure
The Scope of Work for this Agreement for Housing Related Infrastructure (“HRI Work”) shall consist of the following:

N/A
Provision Ex. A-E.6 (As Referenced in Exhibit A, section 3B) Program Costs
The Scope of Work for this Agreement for Program (PGM) Costs (“PGM Work”), shall consist of the following:

The first PGM component will provide each residential unit with one free unlimited monthly transit pass from Sacramento Regional Transit for a period of 3 years.

The second PGM component will provide support services to all residences of 440 Arden Way including supportive housing and non-supportive housing units. LSS will provide direct support services on money management, job readiness training and case managements.

The third PGM component will provide free high-speed internet to all residential units.

The fourth PGM component will provide training and information on Anti-Displacement.

This will be provided by CLTRE Keeper and is aimed at low-income BIPOC potential homebuyers, with an emphasis on entrepreneurs and small business owners so that they may be able to own a home in the neighborhood in which they work.

Provision Ex. A-E.7 (As Referenced in Exhibit A, section 3C) Sustainable Transportation Infrastructure
The Scope of Work for this Agreement for Sustainable Transportation Infrastructure (“STI Work”) shall consist of the following:

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
The first STI component allows San Joaquin Regional Rail Commission (SJRCC) to convert an existing decommissioned F40 diesel locomotive into a fully zero-emission locomotive. The conversion will enable SJRCC to operate an additional round-trip between Turlock and Sacramento on the Altamont Corridor Express (ACE) commuter rail service.

The second STI component improves over 7,000 linear feet of residential alleys in Old North Sacramento and includes permeable locking pavers, bike baths, fencing repairs, shade trees, and public art.

The third STI component will add over 2,000 linear feet of Americans with Disabilities Act (ADA) accessible sidewalks with lighting. This includes a permitter sidewalk around the park and two pathways within it, connecting to the tot lot, softball field and clubhouse.

Provision Ex. A-E.8 (As Referenced in Exhibit A, section 3D) Transportation-Related Amenities
The Scope of Work for this Agreement for Transportation-Related Amenities (“TRA Work”) shall consist of the following:

The first TRA component project will upgrade existing local bus routes to High-Capacity Bus Service, known as Bus Rapid Transit (BRT), along congested corridors like Arden Way in North Sacramento. BRT will offer faster and more reliable service. To efficiently operate BRT, Transit Signal Priority (TSP) upgrades will be done at 5 intersections along Arden Way.

The second TRA component project includes SacRT to design and build a new at-grade boarding infrastructure for bus routes 13, 23, 113, and 88. Improvements will involve sidewalks, curbs, gutters, road pavement, and concrete bus pads.

The third TRA component funding for SacRT to modify a light rail station platform to accommodate passenger boarding/alighting with new low-floor light rail vehicles. This includes constructing/modifying existing station platform entrance/exit ramps, adjusting & relocating existing handrails, station furniture & signage as necessary.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
Provision Ex. A-E.9 (As Referenced in Exhibit A, section 4) Criteria Applicability
Based on the points awarded to its Application, Recipient assures the Department of the existence of the following criteria of Section 107 in the Guidelines AHSC Round 7 Guidelines, Section 107 Reference
Application
Score
(a) GHG Transit and Shared Mobility 5
(b) GHG Project Area 6
(c) GHG Efficiency 15
(d) Active Transportation and Transit Improvements 14
(e) Green Buildings and Renewable Energy 3
(f) Housing and Transportation Collaboration 10
(g) Location Efficiency and Access to Destinations 3
(h) Funds Committed 4
(i) Prohousing Designation 3
(j) Anti-Displacement Activities 4
(k) Local Workforce Development and Hiring Practices 3
(l) Housing Affordability 4
(m) Programs 3
(n) Community Benefits & Engagement 5
(o) Climate Adaptation & Community Resiliency 2
(p) Collaboration & Planning 4
(q) Equity & Transformation 3
Provision Ex. A-E.10 (As Referenced in Exhibit A, section 4A) GHG Emissions Reductions Estimate
Based on the inputs in the Application, the estimated total MTCO2e over the life of the project is 83,768. This information can be found on the SGC’s website in a document titled Round 7 Data for Public Release.

Provision Ex. A - E.11 (As Referenced in Exhibit A, section 5) Performance Milestones
Recipient shall ensure the completion of the Performance Milestones set forth by the designated dates as found below:

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024

HRI PERFORMANCE MILESTONES DATE
Executed binding agreement between the Recipient and developer of the proposed Development detailing the terms and conditions of the Project development.

N/A
Site Control of Development site(s) by proposed housing developer. N/A Completion of all necessary environmental clearances, including those required under CEQA and NEPA. N/A
Obtaining all necessary and discretionary public land use approvals. N/A Obtaining all enforceable funding commitments for at least the first phase of the Development supported by HRI. N/A
Obtaining all enforceable funding commitments for all construction period financing for the HRI. N/A
Obtaining enforceable commitments for all construction/permanent financing described in the Sources and Uses including substantially final construction and permanent loan documents, and tax credit syndication documents for remaining phases of Project.

N/A
Submission of final construction drawings and specifications to the appropriate local building department or permitting authority. N/A Commencement of construction of the HRI. N/A
Construction of HRI complete. N/A
Program funds fully disbursed. N/A

PGM PERFORMANCE MILESTONES DATE
Identification and commitment of program operator and partners. 1/31/2023 Completion of a business or a work plan. 12/1/2027
Program funds fully disbursed. 6/1/2028
BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024

STI PERFORMANCE MILESTONES DATE
Executed binding agreement between the Recipient and
developer of the STI Work detailing the terms and conditions of the Project development.
3/29/2023
Site Control of STI site(s) by proposed developer. 6/15/2024 Completion of all necessary environmental clearances, including those required under CEQA and NEPA. 12/1/2027
Obtaining all necessary and discretionary public land use approvals. 12/1/2027
Submission of final construction drawings and specifications to the appropriate local permitting authority. 12/1/2027
Commencement of construction of STI. 12/1/2027
Construction completion of STI and closeout. 6/1/2028
Program funds fully disbursed. 6/1/2028

TRA PERFORMANCE MILESTONES DATE
Executed binding agreement between the Recipient and
developer of the TRA Work detailing the terms and conditions of the Project development.
3/29/2023
Site Control of TRA site(s) by proposed developer. 6/15/2024 Completion of all necessary environmental clearances, including those required under CEQA and NEPA. 12/1/2027
Obtaining all necessary and discretionary public land use approvals. 12/1/2027
Submission of final construction drawings and specifications to the appropriate local permitting authority. 12/1/2027
Commencement of construction of TRA. 12/1/2027
Construction completion of TRA and closeout. 6/1/2028
Program funds fully disbursed. 6/1/2028
BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
Provision Ex. A-E.12 (As Referenced in Exhibit A, section 7) Recipient Contract Coordinator
The Recipient’s Contract Coordinator for this Agreement is listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the contact at the following address:

Recipient: BRIDGE Housing Corporation
Authorized
Representative Name:

Smitha Seshadri
Authorized
Representative Title:

Executive Vice President
Address: 350 California Street, 16th Floor, San Francisco, CA 94104 Phone No.: 415-989-1111
Email: [email protected]
Provision Ex. B-E.1 (As Referenced in Exhibit B, section 2(A)(1)) For the purposes of performing the HRI Work, as set forth in provision Ex. A-E.5 of this Exhibit E, the Department agrees to provide N/A.

Provision Ex. B-E.2 (As Referenced in Exhibit B, section 2(A)(2)) For the purposes of performing the PGM Work, as set forth in provision Ex. A-E.6 of this Exhibit E, the Department agrees to provide $655,424.

Provision Ex. B-E.3 (As Referenced in Exhibit B, section 2(A)(3)) For the purposes of performing the STI Work, as set forth in provision Ex. A-E.7 of this Exhibit E, the Department agrees to provide $9,879,935.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
Provision Ex. B-E.4 (As Referenced in Exhibit B, section 2(A)(4)) For the purposes of performing the TRA Work, as set forth in provision Ex. A-E.8 of this Exhibit E, the Department agrees to provide $3,165,400.

Provision Ex. B-E.5 (As Referenced in Exhibit B, section 6) All payees receiving Grant funds are listed below:

Payee Name Activity Award Amount
BRIDGE Housing Corporation STI $9,879,935
BRIDGE Housing Corporation TRA $3,165,400
BRIDGE Housing Corporation PGM $655,424
Provision Ex. E-B.6 (As Referenced in Exhibit B, section 6C)

SOURCES AND USES - HRI

PROJECT BUDGET

INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES

N/A N/A

ESTIMATED HRI CAPITAL

IMPROVEMENT PROJECT COSTS

DEVELOPMENT COSTS

BY FUNDING SOURCE

DEVELOPMENT COSTS

COST CATEGORY TOTAL
AMOUNT

AHSC GRANT

PROGRAM

SUM OF ALL
OTHER

FUNDING

PROJECT

ACTIVITY (HARD
COSTS)

Total Project Activity
Costs $0 $0 $0
BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024

SOFT COSTS AND

OTHER PROJECT

RELATED COSTS
Total Soft Cost and
Other Project
Related Costs
$0 $0 $0

TOTAL PROJECT
COSTS $0 $0 $0
Provision Ex. E-B.7 (As Referenced in Exhibit B, section 6C) SOURCES AND USES – PROGRAM COSTS

PROJECT BUDGET

BUDGET AND SOURCES
440 Arden Way BRIDGE Housing Corporation

ESTIMATED PROGRAM COSTS DEVELOPMENT COSTS

BY FUNDING SOURCE

DEVELOPMENT COSTS

COST CATEGORY TOTAL
AMOUNT

AHSC GRANT

PROGRAM

SUM OF ALL

OTHER FUNDING

SOFT COST AND

OTHER PROJECT

RELATED COSTS
Total Soft Cost and
Other Project Related
Costs
$655,424 $655,424 $0

TOTAL PROGRAM
COSTS $655,424 $655,424 $0
BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
Provision Ex. E-B.8 (As Referenced in Exhibit B, section 6C)

SOURCES AND USES - STI

PROJECT BUDGET

INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES
440 Arden Way BRIDGE Housing Corporation

ESTIMATED STI CAPITAL

IMPROVEMENT PROJECT COSTS

DEVELOPMENT COSTS

BY FUNDING SOURCE

DEVELOPMENT COSTS

COST CATEGORY TOTAL
AMOUNT

AHSC GRANT

PROGRAM

SUM OF ALL
OTHER

FUNDING

PROJECT

ACTIVITY (HARD
COSTS)
Total Project Activity
Costs $13,286,634 $9,775,560 $3,511,074

SOFT COSTS AND

OTHER PROJECT

RELATED COSTS
Total Soft Cost and
Other Project
Related Costs
$1,531,569 $104,375 $1,427,194

TOTAL PROJECT
COSTS $14,818,202 $9,879,935 $4,938,267

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
Provision Ex. E-B.9 (As Referenced in Exhibit B, section 6C) SOURCES AND USES – TRA

PROJECT BUDGET

INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES
440 Arden Way BRIDGE Housing Corporation

ESTIMATED TRA CAPITAL

IMPROVEMENT PROJECT COSTS

DEVELOPMENT COSTS

BY FUNDING SOURCE

DEVELOPMENT COSTS

COST CATEGORY
TOTAL
AMOUNT

AHSC GRANT

PROGRAM

SUM OF ALL
OTHER

FUNDING

PROJECT

ACTIVITY (HARD
COSTS)

Total Project Activity
Costs $5,265,400 $2,835,400 $2,000,000

SOFT COSTS AND

OTHER PROJECT

RELATED COSTS
Total Soft Cost and
Other Project
Related Costs
$600,000 $330,000 $70,000

TOTAL PROJECT
COSTS $5,865,400 $3,165,400 $2,700,000
BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
Provision Ex. D-E.1 (As Referenced in Exhibit D, section 28) 440 Arden Way

THIS PROJECT HAS BEEN MADE POSSIBLE

BY FINANCING FROM

CALIFORNIA CLIMATE INVESTMENTS
(Funded through the GREENHOUSE GAS REDUCTION FUND)

AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM

THROUGH THE

STRATEGIC GROWTH COUNCIL AND

THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

2. Special Conditions

1. Not less than 60 days prior to construction loan closing, the Sponsor shall provide updated financial documents including, but not limited to the development budget, development sources and uses, schedule of rents and unit mix, operating budget and 15-year cash-flow analysis, which are acceptable to the Department and demonstrate compliance with all applicable Program regulations or guidelines and the Uniform Multifamily Regulations (UMR). All proposed changes to the project, including but not limited to project financing, rents and unit mix, scope of work to be performed or Borrower’s organizational structure must be submitted to and approved by the Department in writing.

2. The Sponsor who garnered the experience points at the application stage must be the Sponsor who controls the borrowing entity at construction, through permanent close of escrow, and into management and operation of the project. Organizational documents demonstrating that the experienced Sponsor has the authority to exercise control of the borrowing entity in compliance with Section 8301(s) of the Uniform Multifamily Regulations (UMR) must be submitted to the Department for review and approved by the Department prior to execution of the Standard Agreement.

3. BRIDGE Housing Corporation is the entity that the Department has determined during the application review phase as satisfying site control. No less than 60 days prior to permanent loan conversion, Sponsor shall provide documentation to evidence that BRIDGE Housing Corporation or affiliates have executed a long-term ground lease with the State of California, acting by and through the Department of General Services, with the consent of the Department of Military for a term of 99 years. Documentation provided must satisfy the requirements of UMR 8303 and 8316 and is subject to BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024
and approval prior to the execution of the Department loan documents, including but not limited to the Regulatory Agreement. Where Site Control is in the name of another entity that is not the Sponsor(s), documentation which clearly demonstrates the Sponsor(s) control is required to meet the requirements as set forth in Special Condition #1 above.

Pursuant to Section 7305(a)(2) of the Multifamily Housing Program Final Guidelines effective March 30, 2022, as may be amended from time to time, the land lease payments shall not exceed the fair market rental value of comparable property and any funds set aside, borrowed, or applied to cover future land lease payments shall be discounted to the present value of these payments.

4.Sponsor(s) and Borrower are acknowledging the Project as submitted and approved is the Project that is to be funded and built. Any bifurcation would make that award null and void, as the awarded Project is no longer feasible as originally submitted and approved. Any Department awarded funds are unable to be assumed or assigned.

5. The Department retains the right and discretion to disencumber awards where awardees have failed to make sufficient progress in meeting applicable milestones and deadlines subject to Administrative Notice 2022-02 dated March 30, 2022, and any future amendments. Such determination will be on a case-by-case basis and may use the enumerated criteria set forth in the Notice when making such decisions. The disencumbrance policy is applicable to HCD state funded multifamily housing programs.

For awards made prior to July 1, 2022, the 24-month period shall begin on July 1, 2022.

For awards made on or after July 1, 2022, the 24-month period will begin as of the date of the initial program funding awarded to the project, unless amended in a subsequent Notice.

6. The Department will assess Negative Points, as applicable, to Sponsor(s)/Applicant(s)/Recipient(s) subject to Administrative Notice 2022-01, dated March 31, 2022, and any future amendments. The Negative Points policy is applicable to all HCD state and federal funding programs – loans and grants, administered by HCD’s Divisions of State and Federal Financial Assistance. Negative points will be calculated based on the criteria outlined in the Notice and will be applicable to all Notices of Funding Availability issued on or after the original date of this notice for the previous 5-year period, except when noted or amended. Such determination will be on a case-by-case basis and may use the enumerated criteria set forth in the Notice when making such decisions. In addition, the Department reserves the right, in its sole discretion, to revoke an entity’s eligible Sponsor/Applicant/Recipient status at any time based on documented serious issues with the operation, maintenance or implementation of project or program funds.

BRIDGE Housing Corporation
23-AHSC-17944

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant
NOFA Date: 01/30/2023
Approved Date: 04/06/2023
Prep. Date: 01/25/2024

7. Administrative Notice 23-01 (“Notice”) sets forth and establishes the Department’s Pooled Transition Reserve Fund Policy (“Transition Reserve Policy” or “Policy”) applicable to all HCD state and federal multifamily loan programs, except in cases where this Policy conflicts with federal requirements, implementing statutory changes made under SB 948 (Chapter 667, Statutes 2002) applicable to Health and Safety Code Section 60468. This Notice takes effect as of January 1, 2023 and amends any active program guidelines and Notices of Funding Availability. This Notice applies to all HCDawarded rental housing projects which have federally originated rental assistance or operating subsidies, or rental subsidies operated by the City and County of San Francisco and the City of Los Angeles which will close permanent financing on or after January 1, 2023. Prior to permanent loan conversion, the Sponsor shall provide updated financial documents including, but not limited to the development budget, development sources and uses, Project Based Rental Vouchers or Subsidies, Operating Subsidy, operating budget and 15-year cash-flow analysis, which are acceptable to the Department and demonstrate compliance with the Policy.

8. The total HCD Loan and grant funding, including AHSC shall not exceed 50 percent of the development cost for 4%, non tax credit projects.

9. Prior to permanent loan close Sponsor shall provide evidence satisfactory to the Department, demonstrating that residents of 440 Arden Way will have priority over Nonresidents in receiving services and that residents directly benefit from the on-site facilities.

10. Exhibit D, Paragraph 45, Departmental Cross-Default Provision.

Exhibit D, Paragraph 45 is hereby deleted in its entirety.