2025-01765 Agreement: On-Call General Contracting Services for Park Renovations and Landscaping Projects [Two-Thirds Vote Required] [Published for 10-Day Review 11/05/2025] — Sacramento City Council, November 18, 2025 (part 3 of 3)

Construction & Demolition
Waste Management Plan

C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-0965 / Fax: (916) 808-4999
C&[email protected]

Building
Permit
Numbers

Please put all known permit numbers related to this project.

Form
submitted by:

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

Building Project Information:

Briefly describe the project:

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

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

Company to haul away debris:

Facilities to receive debris:

Office Use
Only: Rec eived by: On date:
□ Logged □ Approved □ Scanned □ Payment Processed □ Filed

Fee amount:
$
Waste Log and tickets must be submitted within 30 days of permit being finaled.

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

Administration fee is 0.04% of project valuation (min $40, max $800); security deposit is 1% of valuation (max $10,000). The accompanying Waste Log must be submitted within 30 days of final inspection (or permit expiration) of the project, or a fine may be imposed. Approval may also be delayed if the waste log from a previous project is due. 50%
of all debris
must be recycled
Job Address:

Contractor: Phone:

Address: Email:

Owner: Phone:

Address: Email:

Page 2 ends

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

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

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

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

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

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

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

Terms and Conditions
• Your approved Waste Management Plan and Waste Log must be kept on the job site in the permit folder for the dur
ation of the project.
• City of Sacramento staff may enter the jobsite to inspect waste collection areas. • Only SWA-Certified Mixed C&D Sorting Facilities may be used to recycle these materials if mixed with other materials.
• Only SWA-Franchised Haulers or self-haulers (as defined above) may collect and transport trash or mixed C&D material from the jobsite.
• Construction and Demolition Debris may not be burned or dumped illegally. • Your Waste Log must be completed and submitted within 30 days of your permit being finaled or expired. All waste haul
ing and disposal or recycling activity must be entered on the Waste Log, including information from any subcontractors who self-hauled their own debris off-site. Enter your Permit Number on your Waste Log now! • You must keep all receipts or weight-tickets from your project for a period of one year from the submittal of your waste log.
• Failure to comply with these terms and conditions may result in a fine and a security deposit on future projects.

C&D Debris
Haulers & Facilities

C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4833 / Fax: (916) 808-4999
C&[email protected]

Certified Mixed C&D Facilities
Allied Waste / Elder Creek Transfer and Recovery (916) 387-8425 Florin-Perkins Public Disposal (916) 443-5120
L&D Landfill (916) 737-8640
Waste Management / K&M Recycle America (916) 452-0142

Franchised Haulers
ACES Waste Services, Inc. (866) 488-8837 Elk Grove Waste Management, LLC (916) 689-4052 Allied Waste Services (916) 631-0600 Mini Drops, Inc. (916) 686-8785 All Waste Systems, Inc. (916) 456-1555 Norcal Waste Services of Sacramento (916) 381-5300 Atlas Disposal Industries, LLC (916) 455-2800 North West Recyclers (916) 686-8575 California Waste Recovery Systems (916) 441-1985 Waste Management of Sacramento (916) 387-1400 Central Valley Waste Services, Inc. (209) 369-8274 Waste Removal & Recycling (916) 453-1400 City of Sacramento Solid Waste (916) 808-4839 Western Strategic Materials, Inc. (916) 388-1076

Recyclers* Recovery Stations & Landfills
Bell Marine (916) 442-9089 Elder Creek Recovery & Transfer Station
(916) 387-8425
C & C Paper Recycling (916) 920-2673
EBI Aggregates (916) 372-7580 Kiefer Landfill (916) 875-5555 International Paper (916) 371-4634 L & D Landfill (916) 383-9420 Modern Waste Solutions (916) 447-6800 North Area Recovery Station (916) 875-5555 PRIDE Industries, Inc. (916) 640-1300 Sacramento Recycling & Transfer Station
(916) 379-0500
Recycling Industries, Inc. (916) 452-3961
Sacramento Local Conservation Corps (916) 386-8394 Waste Management Recycle America (916) 452-0142 Smurfit-Stone Container Corporation (916) 381-3340
Southside Art Center (916) 387-8080
Spencer Building Maintenance, Inc. (916) 922-1900

More updated information can be found online at:
http://www.cityofsacramento.org/utilities/

* Please note that any facility may receive source-separated recyclable materials as long as it is authorized to do so by the State of California. This is not meant to be a complete list.

C&D Debris Haulers & Facilities Rev. 02/01/2011

C&D Debris
Waste Log

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

Date Hauler Material Destination Amount

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

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

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

C&D Debris Waste Log Rev. 02/01/2011
This waste log, and copies of supporting weight tickets, must be submitted to Solid Waste within 30 days of submitting the project completion report. The waste log and weight tickets must also be kept on file for one year after project completion. 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 “claim,” as defined in Section 9204, which is presented by the Contractor to the City. Section 9204 defines a “claim” 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 (hereafter referred to as a “Claim”), the process specified in Section 9204 will
be followed, and the provisions of Section 4-8 (Disputed Claims) and Section 4-9 (Review by Claim Review Committee and Issuance of Decision by Department Director) of the City’s Standard Specifications for Public Construction will not apply to the Claim. Contractor’s Claim shall comply with the provisions of Section 4-7 (Notice of Claims for Additional Compensation or Damages) of the City’s Standard Specifications 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.

NOTE: AB 456 EXTENDS THE OPERATION OF THIS CLAIM RESOLUTION PROCESS UNTIL JANUARY 1, 2027 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) “Claim” means a separate demand by a contractor sent by registered mail or 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) “Contractor” means any type of contractor within the meaning of Chapter 9 (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) “Public entity” means, without limitation, except as provided in 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) “Public entity” shall not include the following:
(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) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 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) If the claimant disputes the public entity’s written response, or if the public 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 Program, if mediation under this section does not resolve the parties’ dispute. (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 claim that is denied by reason of the public entity’s failure to have 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.

NOTE: AB 456 EXTENDS THE OPERATION OF THIS CLAIM RESOLUTION PROCESS UNTIL JANUARY 1, 2027 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’s responsibility 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.

Assembly Bill No. 456
CHAPTER 489
An act to amend Section 9204 of the Public Contract Code, relating to public contracts.
[Approved by Governor October 3, 2019. Filed with Secretary of State October 3, 2019.]
legislative counsel’s digest
AB 456, Chiu. Public contracts: claim resolution.

Existing law prescribes v arious requirements re garding the formation, content, and enforcement of state and local public contracts. Existing la w establishes, until January 1, 2020, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to an y claim by a contractor in connection with a public works project against a public entity, as defined. Existing la w defines a claim for these purposes as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from w ork done pursuant to the contract for a public w ork, or payment of an amount disputed by the public entity, as specified.

This bill would extend the operation of this claim resolution process until January 1, 2027.

The people of the State of California do enact as follows:

SECTION 1. Section 9204 of the Public Contract Code is amended to read:
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.
(b) Notwithstanding any other law, including, but not limited to, Article

7.1 (commencing with Section 10240) of Chapter 1 of P art 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of P art 3, this section shall apply to an y claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

96 (A)  A time e xtension, 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 e xpressly provided or to which the claimant is not otherwise entitled.
(C)  Payment of an amount that is disputed by the public entity. (2)  “Contractor” means an y type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Di vision 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)  “Public entity” means, without limitation, except as provided in 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 subdi vision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B)  “Public entity” shall not include the following:
(i)  The Department of Water Resources as to an y project under the jurisdiction of that department.
(ii)  The Department of Transportation as to an y 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 an y 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)  “Public works project” means the erection, construction, alteration, repair, or impro vement of an y public structure, b uilding, road, or other public improvement of any kind.
(5)  “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Di vision 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 re view 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 96 — 2 — Ch. 489

contractor may, by mutual agreement, e xtend the time period pro vided 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 go verning body does not meet within the 45 days or within the mutually agreed to e xtension 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 e xtension, expires to pro vide the 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 f ails to issue a written statement, paragraph (3) shall apply.
(2)  (A)  If the claimant disputes the public entity’s written response, or if the public 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 re gistered 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 char ged by its respecti ve 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 an y 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. 96 Ch. 489 — 3 —

(D)  Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall e xcuse 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 Program, if mediation under this section does not resolv e the parties’ dispute.
(3)  Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdi vision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adv erse 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 lo wer tier subcontractor lacks le gal 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 their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for w ork 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, pro vide 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 commencement of a ci vil 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. 96 — 4 — Ch. 489

(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.

O
96 Ch. 489 — 5 —

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
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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
WVD
ADDL
INSD

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

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

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 EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
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
9/22/2025
Sequel Insurance Services
111 Scripps Drive
Sacramento CA 95825
[email protected]
License#: 6010509
Zurich American Insurance Company
16535
B&MBUIL-01
Westchester Surplus Lines Insurance Company
10172
B&M Civil LLC
DBA B&M Builders
11330 Sunrise Park Dr., Suite C
Rancho Cordova CA 95742-6611
Scottsdale Insurance Company
41297
Crum & Forster Specialty Insurance Company
44520
1560563647
A
X
1,000,000
X
100,000
10,000
1,000,000
2,000,000
X
Y
GLO 2394687-06
3/1/2025
3/1/2026
2,000,000
A
1,000,000
X
Y
BAP 2394688-06
3/1/2025
3/1/2026
C
D
X
5,000,000
X
XLS2006449
SEO-138916
3/1/2025
5/14/2025
3/1/2026
3/1/2026
5,000,000
Tier 2 Excess
5,000,000
A
X
Y
WC 2394686-06
3/1/2025
3/1/2026
1,000,000
1,000,000
1,000,000
B
Pollution Liability
G71199423 006
3/1/2025
3/1/2026
Each Occurrence
Aggregate
2,000,000
2,000,000
RE: Evidence of Insurance
City of Sacramento is General Liability Additional Insured per terms and conditions of the attached endorsement(s). Auto Liability Additional Insured applies per terms and conditions of the attached endorsement. Workers Compensation Waiver of Subrogation applies per terms and conditions of the attached endorsement. Umbrella/Excess is a follow form.

City of Sacramento
915 I Street
Sacramento CA 95814

03/01/2025
03/01/2026
03/01/2025
BAP 2394688-06

XLS2006449
XLS2006449
XLS2006449
XLS2006449
BAP 2394688-06
B&M Civil LLC
03/01/2025

03/01/2025
GLO 2394687-06

WC 2394686-06
Form approved by City Attorney 9-15-25 1

ON-CALL AGREEMENT
(Construction Contract Over $25,000)

THIS AGREEMENT, dated for identification , 20 25 , is made and entered into between the CITY OF SACRAMENTO, a municipal corporation (“City”), and Imagecon, Inc. 8911 River Rd. Sacramento, CA 95832 (“Contractor”).

The City and Contractor hereby mutually agree as follows:

1. CONTRACT DOCUMENTS

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

Notice to Contractors
All Executed Task Orders
Proposal Form(s) submitted by the Contractor
Request for Proposals
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
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 t he “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 C ontract 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 9-15-25 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 Task Order or 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 On-Call General Contracting Services for Park Renovations and Landscaping Projects (R FP #P25191121011), including the Work called for in any executed Task Order.

Contractor agrees to perform such Work in the manner designated in and in strict conformity with the Contract Documents.

5. CONTRACT AMOUNT AND PAYMENTS
The cumulative amount of all Task Orders issued pursuant to this Agreement shall not exceed $1,250,000.

City agrees to pay and Contractor agrees to accept, as complete payment for the Work called for in any executed Task Order, in accordance with the schedule and procedures set forth in the Contract Documents and Task Order, 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 any executed Ta sk Order. 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 and/or Task Order, Contractor shall be paid the lump sum price(s) specified in Contractor’s Proposal Form and/or Task Order; and
B. For items of the Work for which a unit price is specified in Contractor’s Proposal Form or Task Order, Contractor shall be paid the sum computed at such unit price, or computed at a different price if such different price is determined by City in accordance with the Standard Specifications, based on the actual amount of each such item performed and/or furnished and incorporated in the Work; provided that in no event shall the total sum for a unit price item exceed the total bid amount set forth Form approved by City Attorney 9-15-25 3
for such item in the Contractor’s Proposal Form or Task Order, 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 9-15-25 4

7. PUBLIC WORKS REQUIREMENTS

A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section

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

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

Questions regarding the City’s Labor Compliance Program should be directed to the City Representative.

B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5.

California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.

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

Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.

Form approved by City Attorney 9-15-25 5

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

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

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

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

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

8. PERFORMANCE AND PAYMENT BONDS

Contractor must provide a Performance Bond and a Payment Bond to the City, each for a sum equal to one-hundred percent (100%) of the Task Order amount. Each Bond shall be executed by a surety insurer admitted and duly authorized to transact business in the State of California. If the amount of this Task Order is increased, Contractor shall increase the amount of the Performance and/or Payment bond if and to the extent required by the City.

Form approved by City Attorney 9-15-25 6

9. 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 rec over the balance from Contractor or its Sureties.

10. COMMENCEMENT AND PROSECUTION OF WORK

Contractor shall commence Work not later than fifteen (15) working days after the date of any 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 any Task Order by the City and the filing by Contractor of the required Bonds and proo f 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.

11. CONTRACT TERM AND TIME OF COMPLETION

A. The term of this Contract shall be five years, beginning November 1, 2025. Any project authorized pursuant to a Task Order must be complete by November 1, 2030.

B. The entire Work for any project shall be brought to completion in the manner provided for in the Contract Documents within the number of working days, or on or before a date certain, as specified in any executed Task Order or Notice to P roceed (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.

12. 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 9-15-25 7
unsatisfactory character of such work or material was apparent or detected at the time such payment was made.

13. 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.

14. 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 Contr actor of any obligations under this Contract.

15. 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.

16. 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 acceptan ce of the entire Work by the City.

Form approved by City Attorney 9-15-25 8
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, t he 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 1 6, and the Contractor and its Surety shall be jointly and severally liable for these obligations.

17. 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 ther eof, 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 a cknowledges 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 9-15-25 9

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 specified in any Task Order for each calendar day after the Completion Date (as extended in accordance with the Contract Documents, if applicable) , continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the City and Contractor as the loss to City and the public resulting from Contractor's default.

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

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

18. 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 Form approved by City Attorney 9-15-25 10
(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 defe cts 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 18, nor shall the limits of such insurance limit the liability of Contractor hereunder. The provisions of this Section 1 8 shall survive any expiration or termination of the Contract.

19. 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.

20. 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 limitat ion 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.

21. INSURANCE

During the entire term of the Contract, Contractor shall maintain the insurance coverage described in this Section 21.

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.

If the CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown below, the City requires and shall be entitled to the broader coverage and/or the Form approved by City Attorney 9-15-25 11
higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than two million dollars ($2,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. If a general aggregate limit applies, either the general aggregate limit shall apply separately (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.

(2) Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision)

_X_ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.

The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows:

“Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, Form approved by City Attorney 9-15-25 12
however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000 ) per occurrence. The policy shall provide coverage for owned, non -owned and/or hired autos as appropriate to the operations of the Contractor.”

(3) Excess Insurance: The CONTRACTOR may use Umbrella or Excess Policies to meet the required liability limits. This form of insurance will be acceptable provided that any umbrella or excess policies provide all of the insurance coverages required and meet the other requirements for the primary policies as set forth in this Agreement. Umbrella and/or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided in the underlying primary policy.

Umbrella or excess policies shall contain, or be endorsed to provide that the City , its officials, employees, and volunteers shall be covered as additional insureds, as well as a provision that it will apply on a primary basis for the benefit of the City. Any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it. No insurance or self -insurance maintained by the City that applies to a loss covered herein, whether Primary or Excess, and which also applies to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s Primary and Excess liability policies are exhausted.

(4) Workers’ Compensation Minimum Scope and Limits of Insurance Coverage. (Check all applicable provisions)

_X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers'
Compensation policy shall include a waiver of subrogation in favor of the City.
___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of
subrogation in favor of the CITY is not required.

Form approved by City Attorney 9-15-25 13
___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows:

“Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.”

B. 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 and non-contributory insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it.

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

(3) Coverage shall state that Contractor's insurance applies 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) Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.

C. Waiver of Subrogation.

CONTRACTOR hereby grants to City a waiver of any right to subrogation which any insurer may acquire against the City by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from an insurer.

Form approved by City Attorney 9-15-25 14
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 21 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. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.

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

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564

(3) Certificate Holder must be listed as:

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564

(4) The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.

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 this Section 21.

22. 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 Form approved by City Attorney 9-15-25 15
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.

23. EXCUSABLE DELAYS

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

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

Form approved by City Attorney 9-15-25 16

24. 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, ma y 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.

25. EXTENSION OF TIME

If the Contractor complies with Section 24, 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 Doc uments. 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.

26. 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 Form approved by City Attorney 9-15-25 17
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.

27. 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 S ureties 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.

28. TERMINATION AFTER COMPLETION DATE

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

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

Form approved by City Attorney 9-15-25 18

29. 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 1 6 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 con venience pursuant to this section. The City shall be entitled to have any or all remaining Work performed by other contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.

30. 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 Contrac t 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 Contracto r 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 Form approved by City Attorney 9-15-25 19
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 Suret ies 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 28 and 29 are cumulative and are in addition to all other rights of City pursuant to the Contract and at law or in equity.

31. 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, wi thout prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice as provided in Section 28 above.

32. SURETIES’ OBLIGATIONS UPON TERMINATION

If the City terminates the Contract pursuant to Section 28 or Section 30 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 one - year warranty of the entire Work, pay liquidated damages and indemnify, defend and hold harmless City, up to the full amount of the performance bond.

B. The Surety under Contractor’s payment bond shall be fully responsible for the performance of all of the Contractor’s remaining payment obligations for work, Form approved by City Attorney 9-15-25 20
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.

33. 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.

34. 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.

35. NON-DISCRIMINATION IN EMPLOYEE BENEFITS

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

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

3.54, entitled “Requirements of the Non- Discrimination in Employee Benefits Code.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.54. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Form approved by City Attorney 9-15-25 21
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.

36. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENT

APPLICATION PROCESS

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

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

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

37. DEBARMENT CERTIFICATION
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activ ities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:

(1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;

(2) Has not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transac tion or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony;

Form approved by City Attorney 9-15-25 22
(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or

(4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.

(5) Has not been notified, within a three -year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.

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

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

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

Form approved by City Attorney 9-15-25 23
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_________________________________ Donald Shane
Print Name
President
Title
1000882322
DIR Registration #
87-3751297
Federal ID#
C4819757
State ID#
BOTC# 1107839 exp. 12/31/2025
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
On-Call General Contracting Services for Park Renovations and Landscaping Projects
RFP #P25191121011
Labor Compliance Requirements
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 as terisk indica tes 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, m ust 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 c alendar day and 40 hours in a week. Violations m ay 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 m ust be paid for class ifications which include a shift determination.
• Subsistence/Zone pay must be shown on the fringe benef it 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 underpay ments. Liquidated da mages in the a mount 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.

o If you are approved to train apprentice s, 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 requir ed. 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/Public- Works/Certified-Payroll-Reporting.html
• Non-Performance Payroll Report I f 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 p aid in cash or contributions t o pla
ns/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 F air Practices Act re quires pri me contract ors to lis t, at bid tim e, 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 gr eater. For building projects, subcontractors who will p erform work in excess of one -half of one percent must be listed. The prime m ust 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 th e 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 20 th of each month for work performed thru the 20 th of each month. The City inspector will meet with the contractor to agree on quantities for work performed thru the 20 th 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 Contract & 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 bef
ore 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 f ailure to meet the labor c
ompliance 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. O nc e 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 s
igned 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. /0/1/2/1/i255/4/5/6/6/7/8/2/i255/1/9/i255/10/11/i255/12/13/14/15/13/14/16/14/17/i255/18/14/19/20/12/19/18/21/i255/22/23 /24/25/26/27/i255/28/i255/29/30/31/32/30/27/i255/34/27/35/36/32/37/27/38/i255/28/i255/39/40/4/7/8/9/7/i255/0/7/2/1/40/41/9 /42/43/44/45/46/47/48/49/46/44/47/50/51/i255/53/54/49/55/45/51/55/i255/56/55/46/48/54/57/i255/58/44/47/i255/53/54/49/55/45/51/55/i255/59 /60/61/62/63/64/63/63
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C&D Recycling Requirements Page 1 Rev. 02/01/2011
Construction and Demolition (C&D) Debris Recycling Requirements As a condition of receiving this Contract, Contractor agrees to fully comply with the requirements specified herein for all demolition projects, as well as projects with a valuation of $250,000 or more:

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

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

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

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

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

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

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

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

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

Page 1 ends

Construction & Demolition
Waste Management Plan

C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-0965 / Fax: (916) 808-4999
C&[email protected]

Building
Permit
Numbers

Please put all known permit numbers related to this project.

Form
submitted by:

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

Building Project Information:

Briefly describe the project:

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

Company to haul away debris:

Facilities to receive debris:

Office Use
Only: Rec eived by: On date:
□ Logged □ Approved □ Scanned □ Payment Processed □ Filed

Fee amount:
$
Waste Log and tickets must be submitted within 30 days of permit being finaled.

Contractor: Phone:

Address: Email:

Owner: Phone:

Address: Email:

Page 2 ends

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

C&D Debris
Haulers & Facilities

C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4833 / Fax: (916) 808-4999
C&[email protected]

More updated information can be found online at:
http://www.cityofsacramento.org/utilities/

* Please note that any facility may receive source-separated recyclable materials as long as it is authorized to do so by the State of California. This is not meant to be a complete list.

C&D Debris Haulers & Facilities Rev. 02/01/2011

C&D Debris
Waste Log

Date Hauler Material Destination Amount

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

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

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

NOTE: AB 456 EXTENDS THE OPERATION OF THIS CLAIM RESOLUTION PROCESS UNTIL JANUARY 1, 2027 26 Ban‐the‐Box Requirements
BAN‐THE‐BOX REQUIREMENTS

INTRODUCTION

APPLICATION

“City Contract”

“Covered Employer”

The term “covered employer” does not include any unit of federal, state or local government.

Exceptions

COMPLIANCE

VIOLATIONS AND MONITORING

DECLARATION OF COMPLIANCE

ADDITIONAL INFORMATION

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

This bill would extend the operation of this claim resolution process until January 1, 2027.

The people of the State of California do enact as follows:

O
96 Ch. 489 — 5 —

ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

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

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
4/8/2025
(916) 380-5300(916) 380-520619682Imagecon, Inc.8911 River RoadSacramento, CA 958322235729424 A 1,000,000X57UEABA4DES4/1/20254/1/2026300,00010,0001,000,0002,000,0002,000,0001,000,000B X57UEABD34204/1/20254/1/2026 C X57WEAAX1LJH4/1/20254/1/20261,000,0001,000,0001,000,000 RE: Thelma Park - 2324 Thelma Ave, Sacramento, CA 95833Additional insured applies per the attached: City of Sacramento its employees, officers and agents as required by written contract City of Sacramentoc/o EXIGIS LLCP.O. Box 4668 ECM- #35050New York, NY 10168-4668 IMAGINC-02ATAPIA
Bender Insurance Solutions516 Gibson DriveSuite 240Roseville, CA 95678Hartford Fire Insurance CompanyHartford Accident and Indemnity CompanyHartford Casualty Insurance Company X
X XXX
B.The following exclusion is added toCoverageB - Personal and Advertising Injury:"Personal and advertising injury arising out ofthe rendering or failure to render professionalhealth care services as a physician, dentist,nurse, emergency medical technician orparamedic.8. BODILY INJURY EMPLOYEE SUITSA. "Bodily injury" as listed in Paragraph2.a.(1)ofSection II - Who Is An Insured,does notapply to2.a.(1)(a)through2.a.(1)(c).B.Parta.of Paragraph4. Nonowned WatercraftinSection II - Who Is An Insureddoes notapply.9. CONSOLIDATED INSURANCE (WRAP-UP)PROGRAMSThe following exclusion is added toSection ICoverage A:This insurance does not apply to any "bodily injury"or "property damage" arising out of any "wrapproject or premises" where an insured under thispolicy is or was also an insured under one or morecommercial general liability (CGL) policies(including any umbrella or excess policies thatinclude the commercial general liability policy(ies)as underlying insurance) included within a"consolidated insurance (wrap-up) program." Thisexclusion applies even if the limits of insurance forsuch "consolidated insurance (wrap-up) program"are exhausted or not collected for any reason,including bankruptcy or insolvency of the insurerproviding coverage for the "consolidated insurance(wrap-up) program". This exclusion also applies ifthe CGL coverage afforded under the"consolidated insurance (wrap-up) program" isnarrower in scope than the coverage provided bythis policy.This exclusion does not apply to:A. Products-Completed Operations HazardException"Bodily injury" or "property damage" arising outof an insured's operations at or in connectionwith a "wrap project or premises" when such"bodily injury" or "property damage"commences after the "products-completedoperations hazard" coverage or any completedoperations extension coverage provided by theapplicable "consolidated insurance (wrap-up)program" has ended or is no longer in effect.B. Off-Site Location Exception"Bodily injury" or "property damage" resultingfrom an insured's operations at or inconnection with a "wrap project or premises" ata location to which the applicable "consolidatedinsurance (wrap-up) program" does not apply.C. Repair Work And Punch List WorkException "Bodily injury" or "property damage" resultingfrom "repair work" or "punch list work" at a"wrap project or premises" but only when theapplicable "consolidated insurance (wrap-up)program" does not apply or no longer appliesto such "repair work" or "punch list work".This exception does not apply to the cost ofperforming such "repair work" or "punch listwork", or to the "repair work" or "punch listwork" itself.D. Additional Insured Extension"Bodily injury" or "property damage" for whichyou are solely an additional insured under the"consolidated insurance (wrap-up) program".The coverage provided under Paragraphs9.Athrough9.D.above is subject to all terms,conditions and exclusions of this policy.For purposes of Paragraph9,the followingdefinitions apply:"Consolidated insurance (wrap-up) program"means any agreement or arrangement, includingany contractor-controlled, owner-controlled,project-specific or similar insurance program underwhich one or more contractor(s) working on aspecified project are insured under one or morecommercial general liability (CGL) policies(including any umbrella or excess policies thatinclude the commercial general liability policy(ies)as underlying insurance) issued by a specifiedcarrier for injury or damage arising out ofoperations conducted in connection with ornecessary or incidental to the project."Insured's operations" means all operationsperformed by a named insured (and notsub-contracted or performed by others on theinsured's behalf)."Punch list work" means the "insured's operations"at or in connection with a "wrap project orpremises" in order to complete the work called forin an insured's contract for the "wrap project orpremises"."Repair work" means the "insured's operations"that are service, maintenance, correction, repair,replacement work, or periodicinspection performed by an insured at or inconnection with a "wrap project or premises", inorder to replace or repair an insured's completedwork.."Wrap project or premises" means any premisesor construction, erection, improvement orrenovation project subject to a "consolidatedinsurance (wrap-up) program".10. ACCESS OR DISCLOSURE OF CONFIDENTIALOR PERSONAL INFORMATION AND DATA-RELATED LIABILITYPage 4 of 7 Form HS 24 50 12 20 POLICY NUMBER: ABCDEFGHIJ
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I Thisendorsement modifiesinsuranceprovidedunder the following:COMMERCIALGENERALLIABILITYCOVERAGE PARTSCHEDULENameOfAdditionalInsured Person(s) DesignatedProject(s) Or Location(s)Or Organization(s): Of CoveredOperations:

Information required to complete thisSchedule, ifnotshown above, will beshown in the Declarations.A. (3)Withrespecttothoseperson(s)ororganization(s) Inconnectionwith"yourwork"fortheshownintheScheduleabovewhenyouhave additionalinsuredattheproject(s)oragreedinawrittencontractorwrittenagreement location(s)designatedintheScheduleto provide insurance suchas is affordedunder this andincludedwithinthe"products-f.AnyOtherpolicytothem,Subparagraph, completed operationshazard", but only if:PartyAdditionalInsuredsWhen,underthe (a)ThewrittencontractorwrittenRequiredByWrittenContract,Written agreementrequiresyoutoprovideAgreementOrPermitSectionII–Paragraphof suchcoveragetosuchadditionalWho Is An Insuredisreplacedwiththefollowing: insuredattheproject(s)orlocation(s)f.Any OtherParty designatedintheSchedule; and(b)Anyotherpersonororganizationwhoisnot ThisCoveragePartprovides a. e.aninsuredunderParagraphsthroughcoveragefor"bodilyinjury"orabove,butonlywithrespecttoliabilityfor "propertydamage"includedwithinthe "bodily injury","property damage" or "personal "products-completedoperations andadvertisinginjury"caused,inwholeorin hazard".part,byyouractsoromissionsortheactsor Theinsuranceaffordedtotheadditionalomissions of those actingon yourbehalf: insured shownintheScheduleapplies:(1)Intheperformanceofyourongoing(1)Onlyifthe"bodilyinjury"or"property operationsforsuchadditionalinsuredat damage"occurs,orthe"personalandtheproject(s)orlocation(s)designatedin advertising injury"offense is committed:the Schedule; (a)During the policyperiod; and(2)Inconnectionwithyourpremisesowned (b)Subsequenttotheexecutionofsuchbyorrentedtoyouandshowninthe writtencontractorwrittenagreement;Schedule;or andFormHS24 8007 13 Page 1of2© 2013,TheHartford(Includescopyrighted materialofInsuranceServicesOffice,Inc.,with itspermission.) (c) WhenYouAddOthersAsAnAdditionalPriortotheexpirationoftheperiodof InsuredTo This Insurancetime that thewrittencontractor written agreementrequiressuchinsurance(a)PrimaryInsuranceWhenRequiredBy beprovidedtotheadditional insured.Contract(2)Onlytotheextent permittedby law;and Thisinsuranceisprimaryifyouhaveagreed(3)Willnotbebroaderthanthatwhichyou inawrittencontractorwrittenagreementthatarerequiredbythewrittencontractor thisinsurancebeprimary.Ifotherinsurance writtenagreementtoprovideforsuch isalsoprimary,wewillsharewithallthatadditionalinsured. otherinsurancebythemethoddescribedin(c)Paragraph below. This insurance doesnotWithrespecttotheinsuranceaffordedtothe applytootherinsurancetowhichtheperson(s) or organization(s) that areadditional additionalinsuredintheSchedulehasbeen insuredsunderthisendorsement,the addedas anadditional insured.followingadditional exclusionapplies: (b)PrimaryAndNon-ContributoryToOtherThisinsurancedoesnotapplyto"bodily InsuranceWhenRequired ByContractinjury","propertydamage"or"personaland advertisinginjury"arisingoutoftherenderingThisinsuranceisprimarytoandwillnotseekof,orthefailuretorender,anyprofessionalcontributionfromanyotherinsurancearchitectural,engineeringorsurveyingavailabletoanadditionalinsuredunderyour services,including: policyprovidedthat:(1) (i)Thepreparing,approving,orfailingto TheadditionalinsuredintheScheduleisprepareorapprovemaps,shopdrawings, aNamedInsuredundersuchotheropinions,reports,surveys,fieldorders, insurance;andchangeorders,designsorspecifications; (ii)Youhaveagreedinawrittencontractoror writtenagreementthatthisinsurance (2)Supervisory,inspection,architecturalor wouldbeprimaryandwouldnotseek engineeringactivities. contributionfromanyotherinsuranceavailabletotheadditionalinsuredintheThelimitsofinsurancethatapplytotheadditional Schedule.insuredshownintheSchedulearedescribedinthe (c)MethodOfSharingLimitsOf Insurance section.Howthisinsuranceapplieswhenotherinsuranceis Ifalloftheotherinsurancepermitsavailabletotheadditionalinsuredisdescribedinthe contributionbyequalshares,wewillfollowSectionIV–OtherInsuranceConditionin thismethodalso.Underthisapproach,each CommercialGeneral Liability Conditions, except asinsurercontributesequalamountsuntilithas otherwiseamendedbelow. paid its applicable limit ofinsuranceor noneofthe loss remains, whichever comes first.B.Withrespecttoinsuranceprovidedtotheperson(s)ororganization(s)thatareadditional IfanyoftheotherinsurancedoesnotpermitWhenYou insuredsunderthisendorsement,the contributionbyequalshares,wewillAddOthersAsAnAdditionalInsuredToThis contributebylimits.Underthismethod,each Insurance Othersubparagraph,underthe insurer'sshareisbasedontheratioofitsInsuranceSection IV – Commercial Condition of applicablelimitofinsurancetothetotalGeneralLiabilityConditionsisreplacedwiththe applicable limits of insurance of allinsurers.following: Allothertermsandconditionsinthepolicyremainunchanged.

Page 2 ends

POLICYNUMBER: COMMERCIAL GENERAL LIABILITYCG 20100413THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION Thisendorsement modifies insurance providedunderthe following:COMMERCIALGENERAL LIABILITY COVERAGE PART SCHEDULENameOf Additional Insured Person(s)Or Organization(s) Location(s) Of Covered Operations Informationrequired tocomplete thisSchedule,if not shown above, willbeshown inthe Declarations.A.SectionII–WhoIsAnInsured B.isamendedto Withrespecttotheinsuranceaffordedtothese includeasanadditionalinsuredtheperson(s)or additional insureds,thefollowingadditional organization(s)shownintheSchedule,butonlywith exclusions apply:respecttoliabilityfor"bodilyinjury","property Thisinsurancedoesnotapplyto"bodilyinjury"or damage"or"personalandadvertisinginjury" "property damage"occurring after:caused, in wholeor in part, by: 1.Allwork,includingmaterials,partsorequipment1.Your actsor omissions;or furnishedinconnectionwithsuchwork,onthe 2.Theactsoromissionsofthoseactingonyour project(otherthanservice,maintenanceor behalf; repairs)tobeperformedbyoronbehalfofthe additionalinsured(s)atthelocationofthe intheperformanceofyourongoingoperationsfor coveredoperationshasbeencompleted; ortheadditionalinsured(s)atthelocation(s) 2.designatedabove. Thatportionof"yourwork"outof whichthe injury ordamageariseshasbeenputtoitsintended However: usebyanypersonororganizationotherthan 1.Theinsuranceaffordedtosuchadditional anothercontractororsubcontractorengagedin insuredonlyappliestotheextentpermittedby performingoperationsforaprincipalasapartof law; and the same project. 2.Ifcoverageprovidedtotheadditionalinsuredis requiredbyacontractoragreement,the insuranceaffordedtosuchadditionalinsuredwill notbebroaderthanthatwhichyouarerequired bythecontractoragreementtoprovideforsuch additional insured.

C.Withrespecttotheinsuranceaffordedtothese 2.AvailableundertheapplicableLimitsofadditionalinsureds,thefollowingisaddedto Insuranceshown inthe Declarations;Section III–LimitsOfInsurance: whichever isless. Ifcoverageprovidedtotheadditionalinsuredis Thisendorsementshallnotincreasetheapplicable requiredbyacontractoragreement,themostwe Limitsof Insurance shown in theDeclarations.willpayonbehalfoftheadditionalinsuredisthe amountof insurance:1.Required by thecontract or agreement; or

Page 2 ends

COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. © 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12
of ISO Properties, Inc., with its permission.)

COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.

Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.

B. Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.

C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.

Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.

D. Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered "auto."
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12
of ISO Properties, Inc., with its permission.)
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.

Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.

However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE

EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS – OF SECTION IV –
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.

E. Primary and Non-Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured If Required by Contract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.

Paragraphs
(3)
and
(4)
do not apply to other
insurance to which the additional insured
has been added as an additional insured.

When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.

We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.

2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.

The OTHER INSURANCE Condition is amended
by adding the following:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
(1) Printed in U.S.A.

WAIVER OF OUR

RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number:
57 WEA
AX1LJH
Endorsement Number:

Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

IMAGECON INC
8911 RIVER ROAD
SACRAMENTO, CA 95832
We

have

the

right

recover

our

payments

from

anyone

liable

for

injury

covered

this

policy.

will

not

enforce

our

right

against

the

person

organization

named

the

Schedule.

(This

agreement

applies

only

the

extent

that

you

perform work under a written contract that requires you to obtain this agreement from us.) You

must

maintain

payroll

records

accurately

segregating

the

remuneration

your

employees

while

engaged

the

work

described in the Schedule.

The

additional

premium

for

this

endorsement

shall

2 %

the

California

workers'

compensation

premium

otherwise

due

on such remuneration.

SCHEDULE
Person or Organization

Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from

Effective Date:

04/01/2
5 Form WC 04 03 06

Process Date:

0 3/2
8 /25
Policy Expiration Date:

04/01/2
6 CO MMERCIAL AUT O
CA 04 49 11 16
T HI S ENDORS EM ENT CH A NGES T HE POL I CY. P L E ASE RE AD I T CARE F ULLY.

PRIMARY AN D NONCO NTR IBUTORY -

OTHER INSUR ANCE CO ND ITION
Thi s endors ement m odi f i es i ns urance prov i ded un der the f ol l o wing:

A UTO DEA L E R S CO VERAGE F ORM

B USINES S A UTO CO VERAG E F ORM

M OTO R CA RRIE R CO VERAG E F ORM
W i t h res pect t o cov erage prov i ded b y thi s end ors em ent, the prov i s i ons of the Cov erage Form apply unl es s m odi f i ed b y the end ors em ent .

A. The f ol l o wi n g i s added to t he Oth er I nsu r an ce B. The f ol l o wi n g i s added to t he O ther In surance Condi ti on i n the Bus i nes s Auto Cov erage Form Condi ti on i n t h e Auto D ealers Cov erage F orm and and the O ther In surance - P rimar y An d E x cess s upers edes a ny pro v i s ion to t he contrar y :

I nsu rance P rovisi on s i n t h e Mot or Carri er Thi s Cov erage Form 's Cov ere d A utos Li ab i l i t y Cov erage F orm and s upers edes an y prov i s i on to Cov erage and G en eral Li ab i l i t y Co v era ges aret he contrary : pri m ar y t o and w i l l not s e e k contri buti on f ro m an y Thi s Cov erage Form 's Cov ere d A utos Li ab i l i t y ot her ins urance av ai l a bl e to an "i ns ured" under Cov erage i s pri mary t o and w i l l not s eek y our poli cy pro v i d ed that:
cont ri bu t ion f rom an y ot her i ns urance a v ail able t o 1. S uch "i ns ured" i s a Named Ins ured u nder s uch an "i ns ured " under y o ur p ol icy prov i ded that: ot her i ns urance ; and

1. S uch "i ns ured" i s a Named Ins ured u nder s uch 2. Y ou hav e agreed i n wri ting i n a contract or ot her i ns urance ; and agreem ent t h at thi s ins urance w ould be

2. Y ou h av e agre ed in wri ting i n a contract or pri m ar y an d w oul d no t s eek contri buti on f rom agreem ent t h at thi s ins urance w ould be any ot h er i ns urance av a i l ab l e t o s uch pri m ar y an d w oul d no t s eek contri buti on f ro m " i ns ured ". any ot h er i ns urance av a i l ab l e t o s uch
" i ns ured ".

CA 04 49 11 16 © I ns ura nce Serv i ces O f f i ce, I nc., 2016 P age 1 o f 1 POLICYNUMBER COMMERCIAL GENERAL LIABILITY: CG 20370413THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS Thisendorsement modifies insurance providedunderthe following:COMMERCIALGENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONSLIABILITY COVERAGE PART SCHEDULENameOf Additional Insured Person(s) Or Organization(s) LocationAndDescriptionOfCompleted Operations Informationrequired tocomplete thisSchedule,if not shown above, willbeshown inthe Declarations.A.SectionII–WhoIsAnInsuredisamendedto B.Withrespecttotheinsuranceaffordedtothese additionalinsureds,thefollowingisaddedtoSectionIII includeasanadditionalinsuredtheperson(s)or –Limits Of Insurance:organization(s)shownintheSchedule,butonly withrespecttoliabilityfor"bodilyinjury"or Ifcoverageprovidedtotheadditionalinsuredis"property damage"caused, inwhole or in part, by requiredbyacontractoragreement,themostwewill "yourwork"atthelocationdesignatedand payonbehalfoftheadditionalinsuredistheamountof describedintheScheduleofthisendorsement insurance:performedforthatadditionalinsuredand 1.Required by thecontract or agreement; or includedinthe"products-completedoperations 2.AvailableundertheapplicableLimitsofInsurance hazard". shown inthe Declarations;However: whichever isless. 1.Theinsuranceaffordedtosuchadditional Thisendorsementshallnotincreasetheapplicable insuredonlyappliestotheextentpermitted Limitsof Insurance shown in theDeclarations.by law; and2.Ifcoverageprovidedtotheadditionalinsured isrequiredbyacontractoragreement,the insuranceaffordedtosuchadditionalinsuredwillnotbebroaderthanthatwhichyouare requiredbythecontractoragreementtoprovidefor suchadditional insured.

Sacramento City CouncilNovember 18, 2025

Sacramento City Council
November 18, 2025