West Sacramento City Council
May 17, 2023

8.02 PENETRATION TREATMENT, SEAL, AND TACK COATS
Tack coats shall be penetration type emulsion conforming to Section 39 and 94 of the State Standard Specifications. Tack coat shall be homogeneous asphaltic emulsion type SS1h and shall be applied at a rate of 0.20 gallons per square yard of surface covered. A tack coat shall be required at all locations where concrete meets asphalt concrete and between asphalt concrete lifts and vertical sawcut surfaces of existing pavement, curbs, gutters, and construction joints in the surfacing against which additional material is to be placed, to a pavement to be surfaced, and to other surfaces designated by the Engineer.

8.03 ASPHALT EMULSION
The emulsified asphalt shall be designated as grade PMCQS-1h. The polymer within the asphalt emulsion shall be, at the option of the Contractor, either Neoprene, SBR, EVA or SBS.

Solid polymers such as EVA or SBS shall be adequately blended into the asphalt prior to emulsification. If a liquid latex such as Neoprene, SBR or similar is used, the latex shall be “comilled” into the emulsion through the water phase during manufacturing. Each load of polymer asphaltic emulsion shall have a certificate from the asphalt emulsion manufacturer guaranteeing that either asphalt blending or “co-milling” processes were used. The certificate shall also state the percentage of the solid rubber polymer added by weight of the asphalt as well as the composition of the polymer. The addition of latex to the emulsion after emulsion manufacturing is prohibited.

The polymer modified asphalt emulsion shall conform to the following specifications:

Test Test Method Requirement
Min Max
Tests on Emulsion:
 Viscosity, SSF, @ 77°F, seconds AASHTO T 59 15 90
 Settlement, 5 days, % AASHTO T 59 --- 5
 Storage Stability Test, 1 day, % AASHTO T 59 --- 1.0
 Distillation: Oil Distillate by Volume of
Emulsion, % AASHTO T 59 --- 3
 Residue by Low-Temperature Vacuum
Distillation, %
ASTM D244.
133-137 62 ---
Tests on Residue Using CTM 331
 Penetration, 77°F, 100 grams for 5 seconds,
mm
AASHTO T 49 40 60
 Solubility in Trichloroethylene, % ASTM D 2042 97.5 ---  Ductility, 77°F, 5cm/min, cm (RTFO aged
residue) AASHTO T 51 60 ---
 Polymer Content, %,
Solid polymer content based on weight of
asphalt.

CTM 401 3.0% ---
 Torsional Recovery, % CTM 332 18 ---

8.04 ADJUSTMENT OF IRON
Adjustment of iron shall conform to Section 10 of the City Standard Specifications and Details.

All castings for City owned and maintained facilities shall be brought to finished grade after placement of the final pavement lift. All iron shall be lowered prior to any pavement planning or grinding.
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8.05 MIX DESIGN
Contractor shall submit to the Engineer a current copy of the mix design for approval from the Hot Mix Asphalt suppliers prior to any paving. The mix design should include the following:

Mix design documentation on Contractor Hot Mix Asphalt Design Data shall include source of plant, grade of asphalt (PG 64-10), lab unit weight, percent of asphalt, aggregate gradation, stability and percent of air voids. The mix design shall be certified by the supplier.

Submittal:Submit a valid Job Mix Formula (JMF) that meets the requirements stipulated in Section 39 State Standard Specifications. Materials delivered to the project shall have a Certificate of Compliance with the approved JMF number and associated weight ticked for material delivery.

8.06 SPREADING AND COMPACTION EQUIPMENT
Compaction of HMA shall consist of a minimum of 3 coverages of each HMA lift and the compaction shall be performed with a two-axle steel-tired vibratory roller not weighing less than five (5) tons. After compaction, the asphalt concrete shall have a density of not less than 95 percent of the maximum theoretical unit weight, as determined in the field by California Test Method 375 or in a method as approved by the City Engineer.

Spreading and compacting equipment shall be as specified in Section 39-2 of the State Standard Specifications. In addition, pneumatic-tired rollers shall be required to be used on all types of asphalt concrete paving unless otherwise approved by the City Engineer. The Contractor shall furnish a sufficient number of rollers to obtain the specified compaction and surface finish required by these specifications.

All rollers shall be equipped with pads and water systems which prevent sticking of asphalt mixtures to the pneumatic- or steel-tired wheels. A parting agent, which will not damage the asphalt mixture, as determined by the Engineer, may be used to aid in preventing the sticking of the mixture to the wheels. Asphalt concrete and asphalt concrete base shall be compacted by any means to obtain the specified relative compaction before the temperature of the mixture drops below 150F. Additional rolling to achieve the specified relative compaction will not be permitted after the temperature of the mixture drops below 150F or once the pavement is opened to public traffic. When vibratory rollers are used as finish rollers the vibratory unit shall be turned off.

If the test results for any lot of asphalt concrete indicate that the relative compaction is below

95.0 percent, the Contractor will be advised that he is not attaining the required relative compaction and that his materials or his procedures, or both, need adjustment. Asphalt concrete spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment that will be made in order to meet the required compaction. The test results for any lot of asphalt concrete indicate that the relative compaction is less than 93.0 percent, the asphalt concrete represented by that lot shall be removed, except as otherwise provided below.

Asphalt concrete spreading operations shall not continue until the Contractor makes significant adjustments to his materials or procedures or both in order to meet the required compaction.

The adjustments shall be as agreed to by the Engineer. However, if requested by the Contractor and approved by the Engineer, asphalt concrete or asphalt concrete base with a relative compaction of 90.0 percent or greater may remain in place and the Contractor shall pay to the City an amount of reduced compensation for such lot with low compaction. The City may deduct the amount of reduced compensation from any monies due, or that may become due, the Contractor under the contract. The amount of reduced compensation the Contractor shall pay to the City will be calculated using the total tons represented in the lot with low compaction times 291
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the contract price per ton for the contract item of asphalt concrete involved times the reduced compensation factors per Section 39-2 of the State Standard Specifications.

Compaction of asphalt concrete by compacting equipment shall consist of a minimum of two (2) coverages for each asphalt concrete lift. Care shall be exercised to avoid raking and spreading asphalt concrete at joints; instead, asphalt concrete shall be pulled back and formed a ridge for rolling by compacting equipment. The area to which paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction.

8.07 PAVEMENT STRUCTURAL SECTION
Where the existing pavement is to be reconstructed by constructing a new pavement structural section adjacent to the existing pavement, the edge of the existing pavement section shall be saw-cut on a neat line down to the bottom of the existing pavement, prior to excavation and placement of new full pavement structural section as shown on the plans. All patch backs shall be completed by 2” T-Grind and completed within (5) five days of removing pavement.

Full pavement structural section shall be considered as included in the price for other items and no additional compensation will be allowed therefore.

Preparation of roadway, concrete curb, gutter, sidewalk, and driveways, including saw cut, excavation, fill, and disposing existing materials shall be considered as incidental to the Contract unit prices for other items and no additional compensation will be allowed therefore.

8.08 MEASUREMENT AND PAYMENT
Payment of hot mix asphalt includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals for performing all work involved in placing asphalt concrete (Type A, 1/2” maximum aggregate). This item shall include placing hot mix asphalt at areas where pavement was sawcut and removed for installation of water main and abandonment of existing water main, hand working around existing appurtenances or obstructions, adjustment of castings, tack coat, temporary pavement delineation, temporary tapers, and hot mix asphalt required for placement of dike.

Measurement of payment shall be based on the weight tickets provided by the Contractor to the City Inspector. All work shall conform to the City Standard Specifications, the State Standard Specifications, these Special Provisions, and as directed by the City Engineer. There shall be no payment adjustments for asphalt price index fluctuations. 292
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SECTION 10

ADJUSTMENT OF CASTINGS
Replace Section 10 with the following:

10.01 DESCRIPTION
This work shall consist of adjusting castings for City-owned facilities to conform with the new elevation of the street and in conformance with the Standard Specifications and Details.

10.02 ADJUSTMENT
All castings for City-owned facilities shall be brought to finish grade after the final pavement lift has been installed. The manhole openings shall be temporarily covered by suitable means. For street reconstructions or asphalt repairs on existing streets, manholes and valves shall be raised and concrete placed within three working days after permanent pavement wearing course has been placed. The necessary portions of the subgrade, base and pavement shall be neatly cut away, the manhole built up, and the frames set to a grade flush with the surface of the adjacent pavement. The surrounding area from which the pavement, base or subgrade has been removed shall be backfilled to within 2 inches of the surface. The remaining 2 inches shall be paved with ½ inch maximum asphalt concrete and compacted with a 3-ton pneumatic steel drum roller. The work shall be performed so as to present a neat and thorough workmanlike appearance upon completion.

10.03 MEASUREMENT AND PAYMENT
Unless specifically shown as an item of work on the proposal form, the adjustment of castings shall be considered included in other items of work and no additional compensation will be made for labor, materials or equipment needed.
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SECTION 11

CONCRETE CURB, GUTTER, SIDEWALK AND DRIVEWAYS
Replace Section 11 with the following:

11.01. DESCRIPTION
Work shall conform with the City Standard Specifications and Section 73 and Section 90 of the State Standard Specifications with the following additions. All concrete work including curb, gutter, valley gutter, ditch lining, sidewalk, driveways, walkways, patios, median concrete, fire hydrant pads, and thrust blocks shall be constructed of Portland cement minor concrete. Minor Concrete shall contain not less than six (6) sacks (564 pounds) of Portland Cement per cubic yard and shall have a maximum aggregate size of three quarter inch (3/4”).

PERCENT PASSING PRIMARY AGGREGATE NOMINAL SIZE
1” x NO. 4
Sieve Size
Operating Range Contract Compliance
1” 88-100 86-100
¾ ” X +/- 15 X +/- 22
½ ”
The symbol X is the gradation that the Contractor proposes to furnish.

Calcium Chloride shall not be added to concrete. All concrete shall be delivered in transit mixers with agitating drums. Non-agitating transport equipment will not be allowed.

Where the removal and replacement of existing curb, gutter, valley gutter, ditch lining, sidewalk, walkway, driveway and patio exists, the existing section shall be cut to a minimum depth of 1.5 inch with a concrete saw. The cut shall be at the nearest joint at or beyond the excavation.

Remove and replace shall not exceed a maximum length of 4 feet beyond excavation. Also the cut shall be vertical and parallel to the adjacent scored or joint line so the visible edge of the remaining concrete shall form a neat, straight line. The Contractor shall be responsible for the proper disposal of excavated concrete and/or asphalt concrete.

11.02. INSTALLATION
Take note of Section 5.12 Public Convenience of these Special Provisions. Existing concrete to be replaced shall be re-constructed within five (5) calendar days following demolition. Prior to start of work, Contractor shall demonstrate to Engineer he has coordinated and provided for access to emergency vehicles and businesses affected by this work. Engineer may issue a stop work notice if Contractor is unable to maintain public access per these Specifications and no additional compensation shall be granted.

A. Subgrade Preparation
The finished subgrade immediately prior to placement of aggregate base shall be compacted to 95% relative compaction for a depth of 0.5 feet.

B. Base
Shall be Class 2 Aggregate Base mechanically compacted to 95% relative compaction. 295
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C. Placing and Finishing
No concrete shall be placed or finished in the rain or under freezing conditions. It shall be the Contractor’s responsibility to schedule his operations such that concrete will not be placed or finished in the rain or under freezing conditions.

At the end of each day’s pour, when work is terminated, or when a delay of more than 30 minutes occurs, the joint shall be made vertical and square ended with 12 inch lengths of #4 reinforcement bar embedded at 18 inch centers.

When a concrete pour terminates at existing concrete, the rebar, as described above, shall be retrofitted by coring or drilling existing concrete (minimum of 4 inches,) installing bars, and filling annular voids with epoxy. Existing concrete shall be removed to the nearest deep joint or score mark.

Weakened plane joints shall be constructed according to the Standard Details.

Expansion joint material shall not be used.

Deep tool joints shall be constructed to a depth of 1-1/2 inches.

For repair/replacement of non-standard concrete flatwork (i.e. special finish or color.) Contact the Engineering Division for specifications.

D. Testing
After construction, gutters and valley gutters shall be checked with flowing water. The Engineer must be present during the flow test. Any high spots or depressions revealed by the flow test shall be repaired by removing that section of concrete and replacing it to the correct grade.

11.03. MEASUREMENT AND PAYMENT
Concrete sidewalks (excluding curb and gutter) shall be measured and paid for by the square foot, with the length being measured along the center of the section.

Concrete curb and gutter, and barrier curb shall be measured and paid for by the linear foot, measured along the face of the curb, except those portions located within the limits of driveways, access ramps, drop inlets, and all associated transitions.

Concrete driveways, access ramps, and drop inlets shall be measured and paid for per each, or as specified in the contract documents, including the portion within the gutter pan.

Payment for units measured shall include labor, materials, equipment, tools and incidentals required to construct a finished curb or flat work product, including subgrade, and aggregate base preparation all in accordance with the plans, specifications, and as directed by the City Engineer.

Payment for concrete removal and replacement of sidewalk, driveways, walkways, patios, curb, and gutter related to installation of service laterals and water meters shall be included as incidental in the price of other items.

Payment for replacing curb and gutter not related to installation of service laterals and water meters includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals for performing all work involved in saw cutting, removing, and replacing concrete curb and gutter with Portland cement concrete to match existing back of walk and edge of pavement grades as shown on the plans and these specifications. Concrete curb and gutter 296
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shall match existing concrete color. Finished curb and gutter shall be subject to a water test to check water drainage is acceptable to the City Inspector. All work shall conform to the City Standard Specifications and Details, the State Standard Specifications, these Special Provisions, and as directed by the City Engineer.

Contractor is also responsible for the repair or replacement at his expense of any concrete improvements damaged during their work operations.

Payment for thrust blocks shall be included as incidental in the price of other items. Construction of thrust blocks shall include all labor, materials, tools, equipment, and incidentals necessary to install the thrust blocks as shown on the plans and/or specified herein, complete in place including, but not limited to, saw cutting, excavation, backfill, asphalt concrete paving, HMA, stainless steel nuts and washers, transition coupling, flange adapter, stainless steel tie rods, steel reinforcement, and minor concrete.
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SECTION 12

EXCAVATIONS
Replace Section 12 with the following:

12.01. DEFINITIONS
Backfill – Material which covers and surrounds the pipe and extends from the pipe bedding to the top of the trench, inclusive of initial backfill, select backfill, and finish backfill.

Finish Backfill – Material which extends from the select backfill zone to 3” inches below finish grade on existing streets, or to the bottom of the street structural section on new (previously undeveloped) streets, or to the top of the trench in non-street rights-of-ways. Finish backfill shall be Class II AB in an existing street, and may be native material conforming to Section 12.06, or Class II AB in non-street right-of-way.

Initial Backfill – Material surrounding and covering the pipe extending from the pipe bedding to six (6) inches above the top of pipe.

Pipe Bedding – Material that provides support to the bottom of the pipe, measured from the bottom of the trench to the bottom of the pipe.

Select Backfill – Material that extends from the initial backfill zone to the finish backfill zone.

Trench – An excavation in which the depth is greater than the width of the bottom of the trench.

12.02. EXCAVATIONS
Excavations for appurtenant structures such as, but not limited to, manholes, transition structures, junction structures, vaults, valve boxes, catch basin/inlets, thrust blocks, and boring pits shall be deemed to be in the category of trench excavation.

Excavations for retaining walls, barriers, headwalls, and utility box walls shall be deemed structure excavation and shall conform to State Standard Specification Section 19.

Excavation shall include the removal of all water and materials of any nature, which interfere with the construction work. Placement of spoil materials on the paved street area will not be allowed.

Excavation for the installation of conduit shall be by open trench unless otherwise specified or shown on the plans or these specifications. However, should the contractor elect to tunnel or bore and jack any portions not so specified, they shall first obtain written permission from the City Engineer.

Open trenching shall be prohibited on all newly paved and newly overlaid streets and reconstructed streets for a period of two (2) years unless otherwise approved by the City Engineer.

Pursuant to the provisions of Public Contracts Code Division 2, Part 1, Chapter 7, Section 7104, for any work involving the digging of trenches or other excavations that exceed four (4) feet in depth, the following shall apply:

A. The Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
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B. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

C. Subsurface or latent physical conditions at the site differing from those indicated on the plans or these specifications
D. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for on the plans or these specifications.

E. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the Contract.

F. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

12.03. TRENCHES
A. Trench Length
The maximum length of open trench, where prefabricated pipe is to be laid, shall be the distance necessary to accommodate that amount of pipe, which can be installed in a single day. The distance is the collective length at any location, including open excavation, pipe laying and appurtenant construction and backfill which has not been temporarily resurfaced.

B. Trench Width
The maximum clear width of the trench at the top of the pipe shall not be more than the outside diameter of the pipe any point plus two (2) feet. Greater width of trench at the top of the pipe shall be permitted only upon written approval of the City Engineer.

In no case shall the free working space on each side of the pipe be less than six (6) inches.

If the maximum trench is exceeded, the contractor shall provide additional bedding, another type of bedding, or a higher strength of pipe, as shown on the plans or these specifications or as approved by the City Engineer, at no additional cost to the City.

C. Trench Plating
Steel plates will be allowed as an open trench cover (to a maximum length of 50 feet) for instances where stoppage of work is required (i.e. overnight, design change, etc.) Steel plates shall be joined together with tack welds and shall be secured to the existing road surface with steel pins, etc. In addition, steel plates shall have cold mix 300
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asphalt concrete placed around all edges, which are exposed to pedestrian and/or vehicular traffic. Non-skid steel plates shall be required in all paved areas.

Use of trench plates shall be minimized. Maximum duration of trench plate use in any one location shall be five (5) calendar days unless otherwise approved by the City Engineer.

D. Trenching Replacement Adjacent to Curb and Gutter
For trenching within existing street, if the distance from the nearest edge of new trench paving to the lip of gutter is less than 36 inches, the existing strip of asphalt between the lip of gutter and trench line shall be removed and repaved in conjunction with the trench resurfacing. (See Detail 2, Sheet 6).

Open trenches on public right-of-way shall be minimized. Maximum duration of asphalt trench cuts shall be 5 calendar days unless otherwise approved by the City Engineer.

12.04. BRACING EXCAVATIONS
The manner of bracing excavations shall be as set forth in the rules, orders, and regulations of the Division of Industrial Safety of the State of California and regulations established by California Occupational Safety and Health Administration.

12.05. PIPE BEDDING
Pipe bedding shall be defined as that material providing support to the bottom of the pipe measured from the bottom of the trench to the bottom of the pipe as shown on the plans.

If soft, spongy, unstable, or similar other material is encountered upon which the pipe bedding material is to be placed, this unsuitable material shall be removed to a minimum depth of six (6) inches and replaced with drain rock suitably densified. Additional drain rock over the amount required by the plans or specifications, shall be paid for as provided in the Contract Provisions.

If the necessity for such additional drain rock material has been caused by an act or failure to act on the part of the Contractor, or is required for the control of ground water, the Contractor shall bear the expense of the additional excavation and bedding. Drain rock material shall conform to section 12.09.

If drain rock is placed in trench, level out top of rock and overlay with Filter Fabric that wraps up side walls a minimum of four (4) inches. Filter Fabric shall conform to Section 88-1.02B Filter Fabric of the State of California Department of Transportation Standard Specifications.

Bedding material shall first be placed so that the pipe is supported for the full length of the barrel with full bearing on the bottom segment of the pipe. Holes shall be excavated to accommodate bells or couplings so that no part of the load is supported by the bells or couplings.

Bedding material shall be compacted to a relative density of 90%. Compaction shall be by mechanical pneumatic or vibratory compaction equipment approved by the Engineer. Bedding material shall meet the specifications listed under Section 12.09 "Backfill Materials." When water is encountered, the trench shall be kept dry until placing of the bedding material and laying and jointing of the pipe has been completed, inspected, and approved. The Contractor shall place a minimum of six (6) inches of pervious material or de-water the trench in a manner which has received prior approval of the Engineer. 301
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For water main installations, if drain rock is placed in the trench to maintain a firm and stable base and maintain the ground water level below pipe laying operations, sand shall not be used for pipe bedding and initial backfill.

12.055. INITIAL BACKFILL
Initial backfill shall be defined as that material surrounding and covering the pipe extending from the pipe bedding to six (6) inches above the top of pipe. Initial backfill shall be mechanically consolidated under the haunches of the pipe.

Initial backfill for water distribution systems shall conform to the requirements of the Trench Backfill Detail in the Contract Plans. Initial backfill for water distribution system, including water mains, fire hydrant branch leads, and water services, shall be sand conforming to the requirement in Section 12.09 “Backfill Material”, of these Specifications. Ductile iron distribution mains shall have sand backfill to six inches (6”) above the top of the distribution main. Initial backfill for PVC water distribution pipe shall be sand that conforms to the requirement in Section

12.09 “Backfill Material”. Initial backfill for ductile iron or cast in place iron fittings used with PVC pipe shall be sand to six inches (6”) above the top of the fittings.

Initial backfill shall be placed immediately after pipe joints have been completed and inspected by the City. The material shall be carefully placed as not to disturb or damage the pipe, and shall be brought up evenly on both sides. Initial backfill material shall be placed in layers not exceeding six inches (6”) in depth before compaction at or near optimum moisture content.

Compaction shall be mechanical pneumatic or vibratory compaction equipment approved by the City. Ponding and jetting methods will not be permitted, although water may be sprayed from a two-inch (2”) truck hose onto the initial and final sand backfill. Trench jacks or other shoring shall be removed before completion of initial backfill.

12.056. SLURRY CEMENT BACKFILL
Slurry cement backfill will be allowed as an alternative to initial backfill on sewer pipe and water pipe along Fifth Street and Universal Street.

Slurry cement backfill will only be allowed when below the bottom of the infiltration system on Riverfront Street, and shall not extend above elevation 25.0 between stations 101+25 to 103+25 and above elevation 23.1 between stations 105+14 to 109+04. Slurry cement backfill shall not be placed below or within the limits of the crushed drain rock of the infiltration system along Riverfront Street.

Slurry cement backfill shall conform to State Standard Specification Section 19.303F.

12.06 BACKFILL
Backfill shall be defined as that material which extends from the initial backfill to the top of the trench.

Backfill, for cast-in-place structures such as, but not limited to, manholes, transition structures, junction structures, vaults, valve boxes and reinforced concrete box conduits shall start at the surface upon which the base of the structure rests.

Backfill for retaining structures such as, but not limited to, retaining walls, concrete barriers, headwalls, and utility box walls, shall be deemed structure backfill and shall conform to State Standard Specification Section 19.
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Except where the pipe must remain exposed for force main leakage tests and subject to the provisions herein, the contractor shall proceed as soon as possible with backfilling operations.

Care shall be exercised so that the conduit will not be damaged or displaced.

A. Cast-In-Place Structures
The Contractor shall not place backfill against or over the top of any cast-in-place structures unless the concrete has attained a compressive strength equal to or greater than eighty five percent (85%) of the specified design strength as determined from cylinder breaks.

B. Voids
Where it becomes necessary to excavate beyond the limits of normal excavation lines in order to remove boulders or other interfering objects, the voids remaining after the removal of the boulders shall be backfilled as specified herein, or as otherwise approved by the City Engineer.

Where the void is below the subgrade for bedding conduits or structures, backfill shall be thoroughly densified bedding or drain rock as approved by the Engineer.

Where the void is in the side of the trench, it shall be backfilled with suitable material and densified as approved by the Engineer.

It shall be understood that the removal of all boulders or other interfering objects and the backfilling of voids left by such removals shall be at the expense of the contractor and no direct payment for the cost of such work will be made. The cost of such work shall be included in the prices bid for the various items of work.

After the placing of backfill has been started, the contractor shall proceed as soon as practicable with densification.

12.07 COMPACTION METHODS
Compaction of all backfill material shall be by pneumatic or vibratory compaction equipment.

Ponding and jetting methods will not be permitted, except by written permission from the City.

Unless otherwise shown or specified in the Contract, trench backfill material shall be compacted to a relative compaction of not less than ninety percent (90%). The top six inches (6”) below the subgrade shall be compacted to a relative compaction of ninety five percent (95%). Compaction shall conform to State Standard Specifications unless otherwise stated in these specifications.

Compaction will be charged to the Contractor and be deducted from any payment due the Contractor.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing compaction, as shown on the plans, as specified in these Special Provisions, and as directed by the Engineer shall be considered as included in the contract prices paid for various contract items of work involved and no additional compensation will be allowed therefore.

12.08 BACKFILL PLACEMENT REQUIREMENTS
The backfill material for trench depths less than five (5) feet measured from the top pipe to the finished road surface shall be imported granular material, uniformly graded Class 2 aggregate base conforming to the requirements in Section 26-1.02A, “Class 2 Aggregate Base”, of the State Standard Specifications. The imported granular material shall be placed on top of the initial backfill material in lifts not to exceed six (6) inches after compaction. 303
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Method "A" is to be used within existing streets. Backfill shall be "select backfill" as specified in these specifications. After completion and acceptance of the subgrade by the Engineer any further excavation shall be considered as work in an existing street.

The area of the trench between the initial backfill zone and five (5) feet below the street structural section shall be mechanically compacted to a minimum relative compaction of ninety percent (90%). The upper five (5) feet of the trench shall contain Class II Aggregate Base mechanically compacted to a minimum relative compaction of ninety five percent (95%), and a temporary layer (2 inch minimum) of asphalt cutback placed to grade. This temporary cutback shall be maintained by the contractor until permanent paving is installed.

Method “B” is to be used within the public right-of-way street areas in previously undeveloped land (new construction.) Backfill shall be as specified in “Backfill”, Section 12.06.

When native material is used as backfill, the area of the trench between the initial backfill zone and 18 inches below the bottom of the street structural section shall be mechanically compacted to a minimum relative compaction of ninety percent (90%). The minimum relative compaction shall be ninety five percent (95%) in the top 18 inches.

Backfill Method “C” may be used for this project upon approval by the City Engineer.

Method “C” is to be used in unimproved or non-street right-of-way areas. Both select and finish backfill areas shall be native material. Compaction shall be done mechanically in uniform lifts so as to attain a minimum relative compaction of ninety percent (90%).

Alternate Backfill Method “D” and materials require approval by the City Engineer prior to use.

12.09 BACKFILL MATERIALS

ALL PIPES
Drain Rock: Washed crushed aggregate conforming to the following grading:
1 1/2" x 3/4"
Sieve Size % Passing
2" 100
1 1/2" 90-100
1" 20-55
3/4" 0-15
3/8" 0-5
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Pipe Bedding: Shall conform to ASTM D448 #67.

Sieve Size % Passing
1" 100
3/4" 90-100
3/8" 20-55
#4 0-10
#8 0-5
Finish Backfill: (Class II AB)
Sieve Size % Passing
3/4" 87-100
#4 30- 65
#30 5- 35
#200 0- 12
Select Backfill: (Class II AB)
Sieve Size % Passing
3" 100
#4 35-100
#30 20-100
Sand Equivalent to be 20 Min.

Minimum Dry Density 110 lb./cu. ft.

WATER PIPE ONLY
Pipe Bedding & Initial Backfill Sieve Size % Passing
1/2" 100
Sand Equivalent to be 50 Min.

The percentage composition by weight in place shall conform to the gradings previously mentioned as determined by Test Method No. California 202. Sand Equivalent for sand backfill material shall be as determined by Test Method No. California 217. Materials as delivered shall be of uniform mixture and shall be free of organic matter and refuse.

12.11 POTHOLING
Contractor shall pothole under the direction of the Engineer in advance of excavation work where directed by the Engineer (e.g., excavation for pipes, footings/foundations, joint trench, etc.). It is still the responsibility of the Contractor to identify, locate, and protect all existing utilities.

Kinder Morgan pipeline shall be potholed as directed in Section 5 of the General Conditions.

12.12. MEASUREMENT AND PAYMENT
Payment for utility trenching, dewatering, excavation, installation, and backfill shall be included as incidental in the price for other items.

Payment for trench sheeting, shoring and bracing, shall be included as incidental in the price for other items.
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No additional payment will be made for using slurry cement backfill.

Payment for potholing shall only include payment for locating utilities that are not directly affected by other bid items. Potholing/locating utilities that are being moved, removed, have new connections, or are otherwise required to be located to perform work as part of another bid item shall be included as incidental in the price for other items. Potholing of Kinder Morgan pipe shall be paid for as a separate bid item.
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SECTION 13

STORM DRAINAGE
Replace Section 13 with the following:

13.1 DESCRIPTION
This work shall include the furnishing of all labor, materials, tools, equipment and incidentals to construct and complete in an efficient and workmanlike manner the installation of the storm drainage system in accordance with the approved plans, these specifications and the City Standard Details.

13.2 MATERIALS
A. Pipe

1. Reinforced Concrete Pipe (RCP) shall conform to State Standard Specification Section 65 and shall be Class III, IV or V rubber gasket type, unless otherwise specified on the plans.

The minimum allowable class of RCP shall be class III for depths from 2’ feet to 28’ feet defined as the distance from the inside top of pipe to the top of finished grade. RCP which lies wholly or partially within the structural section of a street shall be Class V.

Tests on reinforced concrete pipe shall be required to determine conformance with “D” load and reinforcing requirements of these specifications.

Pipe samples for testing shall be furnished, without charge, by the Contractor one week in advance of construction. The cost of testing the pipe shall be borne by the Contractor. One section of pipe from each lot to be used shall be tested in accordance with the procedures outlined in A.S.T.M. C76. Lots tested shall be marked with the date made as well as by lot number for shipment to the specific project for which that lot has been tested. Any pipe arriving on the job without the appropriate markings shall be rejected and sent back to the supplier until such lot or lots can be tested and accepted for use.

In lieu of the above testing of reinforced concrete pipe, the Contractor may submit to the City Engineer the manufacturer’s “Certificate of Compliance” guaranteeing the requirements of A.S.T.M. C76.

2. Polyvinyl Chloride (PVC) Pipe and Fittings shall at a minimum, conform to one of the following specifications:

Diameter Specifications:
8 inches thru 15 inches ASTM Designation: D 3034, SDR 35 18 16 inches thru 27 inches ASTM Design: F794 or F2241, SDR 51 30 inches thru 48 inches ASTM Designation: F794
Polyvinyl Chloride joints shall be bell and spigot using an elastomeric gasket, which meets the requirements of A.S.T.M. Designation F477. The pipe shall have a stop 307
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indicated on the barrel or other approved means to accurately position the pipe end in the joint. No solvent weld joints will be allowed.

Connections to manholes drop inlets or other concrete structures shall be made by utilizing manhole adapters or elastomeric seal rings embedded in the concrete.

A written guarantee, warranting ASTM Designation F794 pipe against failure until such time as the pipe may be accepted by the California Department of Transportation shall be furnished to the City by the pipe manufacturer. The guarantee shall include all costs of removing and replacing any failed pipe. Damage caused by construction or maintenance operations may be excluded from the guarantee.

Maximum allowable deflection (reduction in vertical inside diameter) of the installed pipe shall be 5%. On pipes 21 inches in diameter and smaller, the City Engineer may require the Contractor to furnish a properly sized “go, no- go” mandrel, sewer ball, deflectometer, or other approved devices, to check the pipe for maximum allowable deflection. For pipes larger than 21 inches in diameter, deflection may be determined by other means. At any location where the deflection is determined to be excessive, the City Engineer may require the Contractor to remove, re-bed, and if required, replace the pipe. The City Engineer may require certification by the manufacturer that the test results comply with specification requirements. The pipe shall have a home mark to indicate full penetration of the spigot when a joint is made. The date of manufacture shall be marked on the pipe. Pipe being installed shall have been manufactured within 12 months of the date of installation.

3. Other pipe materials that will provide a storm drain system with a minimal leakage rate and maximum durability may be allowed with prior approval by the City Engineer.

4. The use of Non-Reinforced Concrete pipe will be considered on a case-by- case basis with special approval required by the City Engineer.

B. Manholes and Junction Boxes

1. Storm drain manhole bases may be cast-in-place or precast conforming to the Standard Details. Barrel, cone and grade rings shall conform to A.S.T.M. C478. Precast barrel sections shall be 48-inch diameter unless otherwise directed by the City Engineer.

2. Frame and Cover
The country of origin shall be clearly and permanently shown on the top surface of the frame and cover in accordance with the Trade and Tariff Act of 1984.

Date of manufacture shall be clearly and permanently indicated on the cover and the top of the frame.

Seating surface shall be closely machined to nominal dimensions with tolerances not to exceed +/- 1/64 inch.

The weight of the frame shall be 140 lbs. +/- 10 lbs. The weight of the cover shall be 130 lbs. +/- 5 lbs.

3. The storm drain manhole (Standard Detail #302) shall not be used on storm drain conduit greater than 36 inches in diameter. Saddle manholes (Standard Detail #304) shall only be allowed on storm drain conduits greater than 36 inches in diameter, provided that no junction exists with any other storm drain conduit at the manhole. 308
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C. Catch Basins

1. City standard storm drain catch basins shall be cast-in-place or Santa Rosa precast base section for Model 4-A conforming to the Standard Details. Concrete shall be Class A.

2. City standard curb inlets shall be precast, equal to Santa Rosa Mode l 4-A or Phoenix Model P2448C with fiberglass throat form attached or cast-in-place using the Pelican series form liner with fiberglass throat form attached. Frame and cover is required to comply with Buy America requirements. South Bay Foundry frame and cover may be substituted to satisfy Buy America.

3. Type F Inlet may be cast-in-place or precast, and shall conform to State Standard Specification Section 51.

4. Caltrans standard catch basins may be cast-in-place or precast, and shall conform to State Standard Specification Section 51.

5. Infiltration system drainage inlet may be cast-in-place or precast conforming to the plans. Concrete shall conform to State Standard Specification Section 51.

6. Infiltration system drainage box may be cast-in-place or precast conforming to the plans. Concrete shall conform to State Standard Specification Section 51. Size of box shall be per the plans.

D. Headwalls, Wingwalls, Endwalls, and Railings
All headwalls, wingwalls, and endwalls shall be constructed in accordance with the plans and Section 51 of the State Standard Specifications. Temporary bank protection may be provided by sack concrete rip-rap in accordance with Section 72 of the State Standard Specifications.

E. Drainage Pump Stations
Drainage pump stations shall be allowed on an individual basis with the specific approval of the City Engineer.

F. Crushed Drain Rock
Where ASTM 57 Crushed Rock is called for on the plans, portland cement concrete recycled per the following gradation may be used. ASTM 57 Crushed Rock shall be used for the remainder.

Sieve Size Percent
Passing
1 1/2 in. 100
No. 8 (2.36 mm) 0 to 5
Void Ratio 40% minimum
If recycled PCC is used, random samples of processed material shall be selected at the direction of the Engineer for lab testing, as directed by the Engineer, for conformance to the requirements of this section.
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Crushed drain rock shall be placed in loose lifts no thicker than 12 inches prior to compaction. Compact each lift with at least three (3) passes of a vibratory plate or vibratory roller compactor.

13.3 VISUAL INSPECTION
A. Allowable deviation of drainage pipe from design grade shall be no more than 0.05 feet. In addition, allowable deviation in slope shall be 0.05 feet in any 25-foot length of pipeline.

B. There will be a final visual inspection of the completed system to ensure there is no ground water intrusion. If ground water intrusion is discovered, corrective work shall be done. The cost for this work shall be borne by the contractor.

13.4 MEASUREMENT AND PAYMENT
A. Pipe
Payment for storm drain pipe complete in place shall be per linear foot measured from center of manhole to center of manhole or catch basin, or from center of manhole to wall of outlet structure as the case may be. Measurement shall be along a line parallel to the grade of the storm drain.

Payment shall include the furnishing of all labor, materials, water, tools, and equipment required to construct and complete in an efficient and workmanlike manner the installation of storm drain pipe in accordance with the plans and these specifications. Full compensation for all incidentals arising from this work shall be considered as included in the price paid per linear foot measured and no further compensation shall be allowed.

B. Structures, Manholes, Catch Basins and Curb Inlets
The unit of measure for payment shall be per each unit. Payment shall be made at the bid price per item for each structure complete in place and shall include the cost of excavation, backfill, frames, covers, plates or reinforcing steel where required.

Full compensation for all incidentals, arising from this work shall be considered as included in the price paid per each unit and no further compensation shall be allowed.

C. Crushed Rock
Payment for crushed rock shall be per cubic yard. Compensation for recycled materials used to substitute for ASTM 57 Crushed Rock shall be paid for at the price bid for crushed rock.
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SECTION 15

WATER DISTRIBUTION
Replace Section 15 with the following:

15.01. DESCRIPTION
This work shall include the furnishing of all the labor, materials, tools, incidentals, and equipment to construct and complete in an efficient and workmanlike manner the installation and abandonment or removal of the water lines and appurtenances in accordance with the approved plans, these specifications, and the Standard Details. All references to AWWA Standards in these specifications shall refer to the latest revision currently available.

Submittals: 1.) Abandonment Plan shall be submitted to the City Engineer a minimum of five (5) working days prior to the commencement of work which indicates the location and sequence of tie-ins, shut-offs, and reconnections to existing residential units by the City Engineer is required.
2) The Contractor shall submit a work plan which identifies the sequence and coordination for activation of the new water meters.

15.02 MATERIALS
A. Mains and Services (2 inches and larger)

1. Pipe
a. Polyvinyl Chloride Pipe (PVC) shall conform to AWWA C900 “Polyvinyl Chloride (PVC) Pressure Pipe, 4 inch through 12 inch, for Water Distribution” and shall be Class 200 or Class 150.
b. Polyvinyl Chloride Pipe (PVC) shall conform to AWWA C905 “Polyvinyl Chloride (PVC) Water Transmission Pipe, nominal diameter 14 inches through 36” inches and shall have a minimum rated pressure of 165 psi. c. Ductile Iron Pipe (DIP) shall be AWWA C151 for a minimum working pressure of 150 psi with cement mortar lining conforming to AWWA C104 and with 8- mil polyethylene encasement conforming to AWWA C105.

2. Fittings and Restraints
Fittings shall be push-on, Mechanical, or flanged type ductile iron or cast iron and shall conform to AWWA C153 or AWWA C111. Coating and lining shall conform to AWWA C104, and shall have 8-mil polyethylene encasement. 10 mil wrapping tape shall be used on all 8-mil polyethylene encasement.

Pipe joint restraints shall be used as shown on the plans and/or as approved by the City Engineer. Joint restraint devices for Polyvinyl Chloride (PVC) pipe shall be EBAA Iron, Inc. Series 2000PV for mechanical joints, Series 1600 and Series 2800 for bell and spigot joints or approved equals.

Joint restraints shall have 8-mil polyethylene encasement conforming to AWWA C105. Such encasement shall be secured using 10 mil wrapping tape. 311
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Thrust blocks and joint restraints shall be used at all fitting locations and at the locations indicated on the plans and these specifications

3. Valves and Valve Boxes
a. All distribution valves in sizes from 4 inch up to, but excluding 12 inch shall be of the iron body, non-rising stem, resilient seat type gate valve as per AWWA Standard C509 or C515 and shall meet the following requirements:

1. Valves shall open left and be provided with 2-inch square wrench nuts with the word “open” and an arrow cast in the metal to indicate direction to open.

2. Valves shall have full opening flow-way of equal diameter as the nominal size of connecting pipe.

3. The valve body and bonnet shall be epoxy coated, inside and out, with fusion bonded epoxy. Coatings shall conform to AWWA C550.

4. Valves shall have two (2) O-ring stem seals. The two (2) O-rings shall be replaceable with the valve fully open and with the valve subjected to full rated working pressure.

5. All valves adjoining tees and crosses shall have flanged connections to the tee or cross.

6. Valves shall be so designed that complete ZERO leakage may be affected with flow in either direction at pressures up to 200 psi, which shall be the working water pressure rating of the valves, and they shall be suitable for throttling, if required.

7. Gate valves shall be Mueller A2360, American Flow Control series 2500, U.S. Pipe, or approved equal.
b. All valves in sizes 12 inches and larger shall be butterfly valves and shall be of the rubber-seated, tight-closing type conforming to AWWA C504, latest revision Class 150B for buried service and shall meet the following requirements:

1. Valves shall be short body and the valve ends shall be flanged unless approved otherwise by the City Engineer.

2. Valve body shall be constructed of cast iron ASTM A-126 Class B.

3. Valve discs shall be cast iron ASTM A-126 Class B or ductile iron in conformance with ASTM A-536.

4. Valve shafts shall be 18-8 type 304 stainless steel conforming to ASTM A-276.

5. Valve seats shall be on the valve disc edge or in the valve body and shall be retained by positive mechanical means with corrosion resistant hardware. The valve seat shall be a minimum of 300 series stainless steel.
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6. Valve bearings shall be of the sleeve type and shall be self lubricating and all bearings and bushings on the valve and operator shall be enclosed in watertight housings.

7. Operators shall be the traveling nut type designed for an input torque of a minimum of three hundred (300) feet-pounds to the operating nut and shall include a standard AWWA two (2) inch wrench nut.

8. Butterfly valves shall be Mueller, Lineseal III, Pratt Ground Hog, or approved equal.

9. Valve body and actuator housing shall be coated with fusion bonded epoxy inside and out.
c. Valve boxes for gate and butterfly valves shall be Christy Concrete Products, Inc. No G5 or approved equal.
d. The two (2) inch square operating nut on all gate and butterfly valves shall be installed at a minimum depth of four (4) feet measured from the top of the operating nut to finished grade. All operating nuts installed at a depth of greater than four (4) feet measured from finished grade shall include a valve extension. All valve extensions shall include a steadying plate. e. Valve risers shall be PVC, SDR-35, eight (8) inches in diameter and shall extend from the top of the valve housing to the valve box. Valve risers shall include a notch at the top of the riser to accommodate water main tracer wire as shown on the Standard Details.

4. Fire Hydrants
a. Fire hydrants shall be the wet barrel type conforming to AWWA C503, latest revision and shall meet the following requirements:

1. Fire hydrants shall be either Clow Valve Company F800 series Model No. 860, Long Beach Iron Works, Inc. 400 series Model No. 430, or James Jones Company Model No. J4060.

2. Fire hydrant outlets shall include one 4-1/2 inch pumper connection or outlet and two (2), 2-1/2 inch hose connections and each shall include “National Standard” threads.

3. Hydrant risers shall be manufactured with localized break-off scoring.

4. Fire hydrant mounting bolts shall be stainless steel type 304, of the breakoff type, hex head, American Standard.

5. Fire hydrants shall be spray painted with one primer coat of Devguard All Purpose Metal & Galvanized Primer, #4120-1000 (may be tinted yellow) and two finished coats of Devflex Interior/Exterior Waterborne Acrylic Gloss Enamel, #4208-9400 "Safety Yellow" as manufactured by ICI Devoe Coatings or approved equal. Brushes will not be allowed.

6. All hydrant outlets shall have original caps with chains. 313
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7. A 36” x 36” square Portland cement minor concrete pad having a minimum thickness of 4” shall be placed at the base of the hydrant in accordance with the Standard Detail as shown on the plans.

5. Air and Vacuum and Air Release Valves
a. Air and vacuum and air release valves shall be Val-Matic Valve and Manufacturing Corporation Model 201C, Crispin UL10 or approved equal. b. When required by the City Engineer, air and vacuum and air release valve boxes shall include locking bolts and/or washers to secure the steel lid in order to prevent the bolts from loosening after repeated traffic loading.

B. Services (3/4 inch through 2 inch)

1. Pipe
a. Service pipe from water main to water meter (Installed by Directional Boring) shall be polyethylene pressure pipe meeting the requirements of AWWA C901 latest revision and designated PE 3406 or PE 3408, with a minimum rated pressure of 200 psi and furnished in iron pipe size (IPS). b. Service pipe connection at the house shall be Polyvinyl Chloride (PVC) pipe, Schedule 80, meeting the requirements of ASTM D1785. The solvent cement for joining PVC pipe shall conform to ASTM D2564 listed for potable water applications.

2. Corporation Stops
a. Corporation stops for ¾ and 1-inch polyethylene services shall be Ford FB1101, James Jones J-1936, Mueller B-25029, or approved equal, for compression connection outlet and inlet threaded into a service saddle. b. Corporation stops for 1-1/2 and 2-inch services shall be Ford FB1101, James Jones J-1957, Mueller B-25029, or approved equal, for compression connection outlet and inlet threaded into a service saddle. c. Corporation stops for ¾ inch and 1 inch copper service lines shall be Mueller B-25028, James Jones J1935, Ford FB1100, or approved equal, for flared copper connection outlet and inlet threaded into a service saddle. d. Corporation stops for 1-1/2 inch and 2 inch copper service lines shall be Mueller B-25028, James Jones J-1935, Ford FB1100, or approved equal for flared copper connection outlet and inlet threaded into a service saddle.

3. Service Saddles
AWWA C900 PVC Mains (4 inch through 12 inch)
a. Service saddles shall be Mueller H-13000 series, Ford S90 series, Jones 996, or approved equal.
b. Service saddles for polyvinyl chloride (PVC) pipe shall be designed specifically for cast iron O.D. PVC C905 pipe. Saddles employing a U-bolt type of strap or saddle not fully contoured to the outside diameter of the pipe will not be permitted.
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AWWA C905 PVC Transmission Mains
a. Service saddles shall be James Jones J969 (14 inch through 16 inch), Mueller BR2S, Ford 202BS (14 inch through 30 inch) or approved equal. b. Service saddles for polyvinyl chloride (PVC) shall be designed specifically for cast iron O.D. PVC C905 pipe. Saddles employing a U-bolt type of strap or saddle not fully contoured to the outside diameter of the pipe will not be permitted.

4. Angle Meter Stops
Polyethylene (PE) Service Pipe
a. ¾ and 1 inch: Ford BA 63-332W (¾” inch) BA 63-444W (l” inch); James Jones J-1962W, Mueller B-24259, or approved equal.
b. 1-1/2 and 2 inch: Ford BFA13-666W (l-l/2” inches), BFA13-777W (2” inches), James Jones J-1975W, Mueller B-24286, or approved equal. c. 1-1/2 and 2 inch angle meter stops shall have compression adapters as necessary.

5. Copper Service Pipe
a. ¾” inch and 1” inch: Ford BFA 43-332W (¾” inch), BFA 43-44W (1” inch), James Jones J-1963W, Mueller H-14255 or B24258, or approved equal. b. 1-1/2” inch and 2” inch: Ford FV23-666W (1-1/2” inch), FV23-777W (2” inch), James Jones J-1525-F, Mueller H-14276, or approved equal.

6. Service Pipe Splice
A maximum of one (1) splice shall be permitted for each service installation.

Polyethylene (PE) Service Pipe
a. Couplings shall be Ford C66 series, James Jones J-2609, Mueller H1540 (¾” inch and 1” inch), or approved equal.
b. Connections of polyethylene pipe shall be constructed using stainless steel inserts for reinforcement.

7. Service Taps of Water Main
a. Adjacent taps of a water main shall not be closer than two (2) feet and shall be staggered. Curved pipes shall not be tapped if the radius of the bend is less than 300 times the pipe outside diameter. Taps will not be allowed within two (2) feet of a pipe joint.

8. Meters, MXU’s and Boxes
Immediately prior to water meter installation, the water service line shall be thoroughly flushed.

Meters:
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a. 3/4 Inch to 1 Inch Residential: “Sensus” SRII-EB series with encoded register for 3/4 Inch to 1 Inch. “Sensus” Model 520M Flexnet Smartpoint M2 Radio Transceiver (MXU) mounted on the water meter box lid. b. 3/4 Inch to 2 Inch Commercial: “Sensus” SRII series with encoded register for 3/4 Inch to 1 Inch services. Sensus SR series with encoded register for 1- 1/2 Inch to 2 Inch services. “Sensus” Model 520M Flexnet Smartpoint M2 Radio Transceiver (MXU) mounted on the water meter box lid.

MXU’s:
“Sensus” Model 520M Flexnet Smartpoint M2 Radio Transceiver (MXU) mounted on the water meter box lid.

Meter Boxes:

Meter boxes and appurtenances shall be installed in accordance with and material, type and brand described in these Special Provisions and plan sheets. a. 3/4 Inch to 1 Inch Residential water meters shall be protected by a residential meter box to be placed in landscape and shall be “Carson 1220” High Density Polyethylene (HDPE) green in color with a DFW1220E-2A-LID green in color.

The lid shall be undermount type that secures the MXU to the lid within the box enclosure and be capable of allowing the MXU to receive and transmit information to the Finance Department. Boxes and lid specifications may be obtained at www.dfwplastic.com. All lids shall read “WATER”. b. 3/4 Inch to 1 Inch Residential water meters shall be protected by a residential meter box. Meter boxes located in driveways, sidewalks, and concrete areas shall be “Christy B16” grey in color with a DFWB16C4-4A-LID grey in color.

The lid shall be undermount type that secures the MXU to the lid within the box enclosure and be capable of allowing the MXU to receive and transmit information to the Finance Department. Boxes and lid specifications may be obtained at www.dfwplastic.com. All lids shall read “WATER”.

C. Tracer wire
a. Tracer wire shall be required on all non-ferrous water mains and services. b. Tracer wire shall be solid copper wire with U.S.E. rated insulation and minimum size of AWG #10.
c. Tracer wires shall be interconnected at all pipe tees, pipe crosses and pipe services. Splices shall be “KURNEY” (split bolt) or “KUPLETAP”. Installation tape shall be vinyl, electrical with two (2) coats of “Scotch Kote”. d. Tracer wire shall be placed outside of the valve riser pipe and shall be placed in the notch at the top of the valve riser pipe as shown on the Standard Details. e. Tracer wire shall be taped to the top of the pipe at 10’ feet intervals, and at all crosses, tees and elbows. When taping tracer wire to pipe, wrap the tape once around the tracer wire before securing it to the pipe.
f. After backfill and compaction, but prior to paving, continuity testing of the tracer wire will be required. Any detected damages to the tracer wire shall be repaired before paving will be allowed.

D. Hot Taps- Tapping Tees 316
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a. Four (4) inch and larger tees shall not be cut into existing mains but “hot tapped” using one of the following stainless steel AWWA 207 sleeves: Powerseal 3490, Romac SST III, Mueller H-304, or approved equal.

1. All tapping sleeves shall be a drop bolt design with 304 (18-8) stainless steel including the body, side outlet and outlet flange, nuts and bolts, ¾” inch test plug and all clamping elements. All welds on the 304 stainless steel tapping sleeves shall be fully passivated.

2. The threads of the stainless steel clamping bolts shall be fluorocarbon coated.

The bolts shall be five-eighths inch (5/8” inch) diameter with National Coarse (NC) threads. Washers composed of Nylatron GS or approved equal shall be provided with the heavy hex stainless steel nuts.
b. Two (2) inch and smaller services installed on existing mains shall be “hot-tapped” using service saddles and corporation stops as shown on the plans and/or specified herein. The Contractor shall notify City inspection prior to “hot-tapping” and shall be on-site during “hot-tap”.

E. Locating Service Lines
A two (2) inch x two (2) inch “W” shall be stamped, chiseled, cut, etc. on the top of the existing and new construction concrete curb on all water services directly above the location where the service crosses the flow line of the concrete gutter.

15.03 INSTALLATION
A. Handling of Materials
Water pipe, fittings, hydrants and valves must be carefully handled at all times. Only safe, suitable and proper equipment and appliances shall be used for the loading, hauling, unloading, handling and placing of materials. Special care shall be exercised so that the coating on pipe, valves and fittings will not be damaged. If such damage should occur, the coating shall be repaired to the satisfaction of the City Engineer. Chain slings will not be permitted. Pipe loaded on trucks or stacked one upon another shall be supported on wooden blocking. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground.

B. Laying Pipe
Each section of pipe and each fitting shall be thoroughly cleaned out before it is installed. All pipe, fittings, valves, etc. shall be carefully lowered into the trench by suitable tools or equipment, in such a manner as to prevent damage to the pipe, lining, coating, fitting or other appurtenances. Under no circumstances shall pipe accessories be dropped into the trench. Bevels shall be cut off ends of C900 pipe whenever pipe is being installed using mechanical joint fittings.

The pipe shall be laid true to line, with no visible change in alignment at any joint, unless curved alignment is shown on the plans.

When a curved alignment is shown on the plans the maximum deflection at any joint shall not exceed the manufacturer’s recommendation for the type of pipe and joint being used.

Thrust blocks shall be used at all fitting locations and at the locations indicated on the plans and these specifications. Thrust blocks of Minor Concrete shall be cast-in-place at all bends, behind each tee, or each cross which is valved in such a manner that it can 317
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act as a tee, and at the back of fire hydrant buries unless designated otherwise on the plans. The thrust block shall extend from the fitting to undisturbed soil, shall be kept clear of the joints, and shall be of such bearing areas to assure adequate resistance to the force to be encountered. Minor Concrete for thrust blocks shall conform to Section 11 Concrete Curb, Gutter, Sidewalk and Driveways of these Special Provisions. A certificate of compliance shall be required to be submitted to the Engineer prior to the placement of any Minor Concrete for thrust blocks stating that the concrete to be furnished meets all contract requirements including minimum cement content specified.

In addition, the Minor Concrete for thrust blocks shall be proportioned, batched and transported in accordance with Section 90 of the State Standard Specifications. The Contractor shall insure that the nuts and bolt heads of bolted connections are not covered by concrete or form materials. Thrust blocks shall be installed in conformance with the Thrust Block Bearing Area Table Detail shown on the Contract Plans.

Whenever pipe laying is discontinued for short periods, or when work is stopped at the end of the day, the open ends of all mains shall be closed with water-tight plugs or water-tight bulkheads. The plug or bulkhead shall not be removed unless or until the trench is dry.

Valves shall be set plumb and properly fitted to the adjacent sections of the main. A valve box shall be installed over each valve.

Pipe joints for water main pipe shall be made only with the couplings and gaskets specified herein, aligned and constructed in the trench in accordance with the manufacturer’s instruction manual.

After assembly, the ends of the water main pipe within the coupling shall be separated per the factory manufacturer’s recommended stab mark to allow for expansion and contraction. The final location of the gasket within each coupling shall be checked with a gauge.

Pipe joint restraints shall be used as shown on the plans and/or as approved by the City Engineer. Joint restraint devices for Polyvinyl Chloride (PVC) pipe shall be EBAA Iron, Inc. Series 2000PV for mechanical joints, Series 1600 and Series 2800 for bell and spigot joints or approved equals.

Joint restraints shall have 8-mil polyethylene encasement conforming to AWWA C105.

Such encasement shall be secured using 10 mil wrapping tape.

C. Installation of Service Lines
The water service line shall be considered as a part of the main for the purpose of hydrostatic testing. Installations of new water service lines shall be done via trenchless boring. Trenching would only be required when trenchless boring becomes unfeasible, and/or as directed by the Engineer.

D. Installation of Fire Hydrants
Fire hydrants shall be installed per the Fire Hydrant Lateral and Valve Assembly Detail on the Contract Plans and Standard Detail 515. All newly installed fire hydrants shall be fully covered with burlap or black plastic and secured until such time that they are to be put into service. All existing fire hydrants which are abandoned and not immediately removed shall be fully covered with burlap or black plastic and secured until such time that it is removed. The Contractor shall notify the City Fire Administration office at (916) 617- 4600 during normal business hours from 8:00 a.m. to 5:00 p.m. Monday through Friday immediately after a new fire hydrant is put into service and immediately after an 318
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existing fire hydrant is removed from service. If a new hydrant is put into service or an existing fire hydrant is removed from service outside of normal business hours, the Contractor shall immediately notify the Fire Captain at Fire Station No. 44. The telephone number for Fire Station No. 44 is (916) 617-4744.

All fire hydrants shall have a minimum clearance of four (4) feet measured from the center of the hydrant to any obstruction, including, but not limited to, fences, trees, signs, street light poles, and utility poles.

E. Connection to Existing Mains
The Contractor shall verify the location where the new water main and service lines are to be connected to the existing water main and/or house prior to new water main, service line and water meter excavation and installation. Alignment of pipe may need to be adjusted based on verification of tie-in location. Any realignment of new water main shall be approved by the Engineer. The Contractor shall make connections to existing mains where shown on the plans and/or as specified herein. The newly installed facilities are to be kept isolated from the City system and residential/business dwellings until the results of all bacteriologic and pressure tests have proven to be satisfactory as determined by the Engineer.

Service in existing mains may be interrupted only upon authorization of the Engineer who will specify time and duration of the outage. The Contractor shall notify all affected users in writing at least two (2) working days (48 hours) in advance of service interruption, using printed forms approved by the City.

Manipulation of existing valves shall only be done by or under the direction of City Utility Maintenance Division personnel.

A work plan shall be developed for the new water main tie-in and reconnection of all services and appurtenances in accordance with the plans and specifications. The work plan shall include, but not be limited to, details of positive separation of the newly installed water mains from the existing water mains during chlorination, bacteriologic and hydrostatic testing, personnel, equipment and materials to be used together with a detailed work schedule of all connections shown in chronological order. Non-compliance with any stipulation of this section will be justification for the City to stop work.

The work plan complete with schedule and narrative shall be submitted to the Engineer seven (7) days prior to commencement of work and shall be approved by the Engineer prior to commencement of work.

All scheduled shutdowns to the water system shall be performed by the City's Utility Maintenance Division. Shutdowns shall be coordinated by contacting Jessie Melson, Chief Maintenance Worker at (916) 617-4802 between 7:00 a.m. and 3:30 p.m., Monday through Friday a minimum of two (2) working days (48 hours) prior to the required shutdown. The Contractor shall notify residents a minimum of two (2) working days (48 hours) prior to shutdown.

The Contractor shall notify the City Fire Department at (916) 617-4600 a minimum of two (2) working days (48 hours) prior to all scheduled shutdowns to the water system. The notification to the City Fire Department shall include the total duration of the shutdown, the residences and businesses affected by the shutdown and the specific fire hydrants and fire services affected. The Contractor shall also notify the City Fire Department a minimum of two (2) working days (48 hours) prior to any construction work (i.e. trenching excavation, asphalt concrete paving, etc.) near an existing fire hydrant in which the work may adversely impact full, continuous and unobstructed access to the fire hydrant. 319 Technical Specifications
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All water services shall be connected to the existing water service as shown on the plans and/or specified herein.

F. Water Service Interruption
Water service interruption of residences or businesses shall not exceed four (4) hours and shall be preceded by notification to residents or businesses a minimum of two (2) working days (48 hours) prior to shutdown of service. The notification of water service interruption shall be in a form approved by the City Engineer and shall be submitted to the City Engineer for approval a minimum of five (5) days prior to water service interruption.

G. Salvaging Water Mains and Appurtenances
All existing fire hydrants with bury section, water meters and MXU’s removed on the project shall be salvaged and delivered to the City Corporation Yard. Prior to delivery of salvaged valves, fire hydrants, bury sections, meters, MXU’s, etc. as specified on the plans and in the Contract documents, the Contractor shall coordinate with Jessie Melson, Chief Maintenance Worker for the delivery location within the City Corporation Yard. The Engineer or Inspector shall determine what is to be delivered to the yard prior to delivery. Asbestos cement pipe shall be properly deposed of by the Contractor.

Deliveries shall be coordinated by contacting the Chief Maintenance Worker at 916-617- 4850 between 7:00 a.m. and 3:30 p.m. Monday through Friday. The City Corporation Yard is located at 1951 South River Road in the City of West Sacramento.

H. Air Reliefs and Blow offs
Air Relief Valve and Blow off Assemblies shall be installed in accordance with the Standard Details.

I. Testing of Water Mains and Water Services
After the pipe has been backfilled at least 24 inches over the top, the water main and water service will be pressure tested, disinfected, and undergo bacteria testing concurrently. A pressure of not less than 150 pounds per square inch or the service pressure plus 50 pounds, whichever is greater, for a period of two hours. The Contractor shall provide the necessary pump and clean calibrated container for measurement of make-up water required to replace leakage during this two (2) hour period. Each section of the pipe to be tested shall be slowly filled with water and all air shall be expelled from the pipe. Any connection to the existing water system shall be protected with an approved double check valve assembly. The release of the air can be accomplished by opening hydrants and service line cocks at the high points of the system and the blowoffs at the dead ends. The valves controlling the admission of water into the section of the pipe to be tested should be opened wide before shutting the hydrants or blow-offs.

After the system has been filled with water and all air expelled, all valves controlling the section to be tested shall be closed and the line be allowed to set for a period of not less than 24 hours. Upon passing bacteriological test, the water service line will be connected to the angle meter stop at the meter. All testing shall be conducted in the presence of the City Engineer.

All exposed pipe, fittings, valves, hydrants and joints shall be carefully examined during the pressure test. Any cracks or defective pipe, fittings, valves or hydrants discovered during the test shall be removed and replaced at the Contractor's expense with sound material and the test repeated until the system is proved satisfactory. 320
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Pipe Diameter Factor Allowable Leakage in Gallons
2” .000474 x linear ft.
4” .000947 x linear ft.
6” .001420 x linear ft.
8” .001894 x linear ft.
10” .002367 x linear ft.
12” .002841 x linear ft.
14” .003314 x linear ft.
16” = 1 gal/mile/inch diameter
For a two-hour hydrostatic test, the allowable leakage in gallons shall be calculated using the following factor:

The test water shall be left in the mains and service laterals until backfilling operations are completed.

After City acceptance of subgrade, the test shall be run again. Any excavation required for testing or repairs shall be backfilled with aggregate base compacted to 95% relative compaction.

J. Sanitizing
All lines, mains, laterals and branches shall be disinfected in accordance with AWWA Standard C651 “Disinfecting Water Mains”.

K. Water Meter
The Contractor shall install the meters according to these plans and these special provisions with Sensus SRII-EB series meters as shown on the plans and/or specified herein. Care should be exercised to prevent/minimize damage to existing service line when installing meters or adjusting the width and/or height. Contractor is responsible for repairing any cracks up to and including the corporation stop and saddle if necessary, to prevent leaks at the service line. The Contractor shall record the address and current meter reading prior to removing any existing meters. The Engineer shall prepare and provide the Contractor with a MS Excel spreadsheet which the Contractor shall fill out to include the serial number of the meter, the register and the MXU, as well as the longitude and latitude that corresponds that corresponds to each site’s location of the meter being installed per street. The Contractor shall activate the MXU transceiver and verify that the unit is properly sending and receiving data.

L. Water Meter Boxes
Meter Boxes shall be installed as shown on the plans and/or specified herein. Plastic boxes shall be placed perpendicular to sidewalk path of travel, flush with the existing landscape and all disturbed material cleaned. Care shall be taken to minimize impact to landscape. If any landscape is damaged or destroyed, contractor will be responsible for replacement in kind.

Concrete boxes shall be placed perpendicular to sidewalk path of travel, flush to either the existing landscape, concrete, or asphalt as shown in Detail 6 page 3 of the plans.

Where the removal of concrete or asphalt is required to install the concrete box, the existing section shall be cut to the full depth with a concrete saw. The cut shall be the 321
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minimum area to install the meter and box and the cut shall be vertical and parallel to the adjacent scored or joint line so the visible edge of the remaining concrete shall form a neat, straight line. If necessary, the cut shall be at the nearest joint at or beyond the excavation or as directed by the Engineer. The replacement of concrete shall be performed with concrete tools and with the placement of a 4-inch length #4 rebar embedded in center of each direction of the cut out with an equal length core drilled and attached with epoxy into the existing concrete. The finished concrete shall have a neat finish that matches the existing concrete unless otherwise directed by the Engineer.

15.04 EXISTING WATER MAINS AND SERVICE
The City Utility Maintenance Division will make repairs to all water service laterals, water mains and related water system appurtenances damaged by the Contractor during the course of construction unless directed otherwise by the City Engineer. The Contractor/Developer shall be required to pay all labor, materials and equipment costs incurred by the City Utility Maintenance Division for the repairs made to damaged water service laterals, water mains, etc. provided that these existing water system appurtenances are properly “marked” during the Underground Service Alert (USA) notification period. The City will bill the Contractor for the repairs and the bills will be paid by the Contractor/Developer prior to either the next monthly progress payment, prior to the final payment, or prior to final acceptance of the public improvement(s) by the City Council, whichever comes first. The Contractor/Developer shall provide to the City Engineer proof of payment of the repair bills prior to the issuance of either the monthly progress payment, final payment, or prior to final acceptance of the public improvement(s) by the City Council. The current labor and equipment rates for the City Utility Maintenance Division will be made available to the Contractor/Developer. The City shall have the right to deduct the total amount of any unpaid City repair bill from the money due or to become due the Contractor on any City Public Improvement Contract.

For private development projects, all utility repair bills must be paid by the Contractor/Developer prior to permit final, or before a Certificate of Occupancy will be issued by the City.
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SECTION 16

LANDSCAPING
Replace Section 16 with the following:

16.01. DESCRIPTION
This work shall consist of furnishing all labor, materials, plant materials, tools and equipment required to grade, prepare soil, fertilize, plant, seed and otherwise complete the landscaping as shown on the approved plans, per these specifications and the Standard Details.

16.02. PRESERVATION OF PROPERTY
The planting operations shall be conducted in such a manner that no damage shall result to existing site improvements and plantings. The Contractor shall be responsible for any damage resulting from his operations, and shall repair or replace such damage at his own expense.

Vehicles of any kind shall not be allowed to pass over curbs, sidewalk, planting areas, etc., unless proper protection is provided.

16.03 PERSONNEL
Planting and seeding operations shall be performed by personnel familiar with planting procedures and under supervision of a certified landscape technician.

16.04 WEATHER
No planting shall occur during weather conditions which will adversely affect materials or when soil is in a muddy condition.

16.05 MATERIALS
A. Imported Topsoil
Topsoil shall be an imported fertile, friable soil of loamy character containing a normal amount of organic matter. It shall be obtained from well-drained aerable land and shall be free from refuse, roots, heavy or stiff clay and stones larger than 1 inch in size. Soil shall, by particle examination, contain the following percentages: Sand--between 45 and 52; Silt--between 26 and 50; Clay--between 6 and 26. Sands shall range from 2 to 0.05 millimeters in diameter; silt from 0.05 to 0.002 millimeters; and clay less than 0.002 millimeters.

B. Soil Amendment
Soil amendment shall be delivered to the job site bearing the warranty of the producer for the grade furnished and shall be uniform in composition and free flowing. Grade shall be 0 to ¼ inch with 15% maximum proportion of ¼ inch particles.

Soil amendment shall be nitrogen stabilized (1-0-0) and shall be Forest Humus, as distributed by Sequoia Forest Products Inc., Dinuba, California 93618, (209) 591-2000, or approved equal. Supply sample to the City Engineer within two weeks of award of contract with laboratory organic amendment analysis.
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C. Fertilizer
Fertilizer shall be a commercial inorganic fertilizer in the granular or pelleted form. Fertilizer shall be delivered to the site in containers labeled in accordance with the applicable State of California regulations, bearing the warranty of the producer for the grade furnished, and shall be uniform in composition, dry and free-flowing.

1. Turf Areas and Planting Areas Pelleted types with analysis of 16-6-8 (16% Nitrogen, 6% Phosphorus and 8% Potassium.)

2. Planting Holes
Agriform Blue-Chip Tablets, 21-gram size, or approved equal, with an analysis of 20-10-5 (20% Nitrogen, 10% Phosphorus and 5% Potassium.) If commercial fertilizer having these analyses is not available, another commercial fertilizer may be used upon approval of the City Engineer.

D. Herbicide
Herbicides shall be Surflan or approved equal. Submit a written chemical weed control program prepared by a licensed pest control advisor for approval by the City Engineer.

E. Hydromulch Seed

1. Seed shall be 100 percent Annual Rye, 4lbs. per 1,000sf.

2. Fertilizer - use 16-20-0, 500 lbs. per acre.

3. Cellulose: The mulch shall be green colored, fibrous, wood cellulose mulch containing no growth or germination inhibiting factors. It shall be manufactured in such a manner that after addition and agitation in slurry tanks with fertilizer, seed, water, and other approved additives, the fibers in the material will become uniformly suspended to form a homogeneous slurry; and that when hydraulically sprayed on the ground, the material will form a blotter-like ground cover impregnated uniformly with seed and mulch after application, will allow the absorption of moisture and allow the rainfall to percolate to the underlying soil.

Cellulose shall be certified to indicate that laboratory and field-testing of the product has been accomplished and that it meets all of the foregoing requirements. Weight specification of this material from suppliers and for all applications shall refer only to air-dry weight of the fiber material. Each package of the cellulose fiber shall be marked by the manufacturer to show the air-dry weight content, 1800 lbs. per acre.

4. Water: Water for hydromulching shall be clean, potable and added to the slurry mixture in sufficient amount to spread uniformly the required quantity of hydromulch solids (approximately 3,000 gallons per acre.) Usage of water from any fire hydrant within the City shall conform to the City’s Fire Hydrant Permit Program and shall be subject to a Fire Hydrant Permit.

5. Equipment: Hydromulching equipment used for the application of the seed, fertilizer and slurry of prepared wood pulp shall be of the type as approved by the City Engineer. This equipment shall have a built-in agitation system and operating capacity sufficient to agitate, suspend and homogeneously mix a slurry containing up to 40 pounds of fiber plus combined total of 70 pounds fertilizer solids and seed for each 100 gallons of water. The slurry distribution lines shall be large enough to prevent stoppage. This discharge line shall be equipped with a set of 324
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hydraulic spray nozzles which will provide a continuous nonfluctuating discharge and delivery of the slurry in the prescribed quantities uniformly, without misses, waste, or erosion. The slurry tank shall have a minimum capacity of 1,000 gallons and shall be mounted on a traveling unit which may be either self-propelled or drawn. The City Engineer may authorize equipment with smaller tank capacity provided that the equipment has the necessary agitation system and sufficient pump capacity to spray the slurry in a uniform coat.

F. Plant Stock and Ground Cover
Plants shall be the variety, quantity and size indicated on the approved plans. When total quantities are tabulated, they shall be considered approximate and are furnished for convenience only. Quality and size shall conform to the State or California Grading Code of Nursery Stock, No. 1 grade. Nursery-grown stock only shall be used, and shall be free from insect pests and diseases.

All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the City Engineer. All plants shall be true to species and size indicated, and shall be tagged in accordance with the standard practice recommended by the American Association of Nurserymen; however, determination of plant species or variety will be made by the City Engineer and his/her decision shall be final.

Plants shall be healthy, shapely, and well-rooted, and roots shall show no evidence of having been root bound, restricted or deformed, root condition of plants in containers will be inspected by the City Engineer and determined by removal of earth from the roots of not less than two plants of each species or variety from each source. In case the sample plants inspected are found to be defective, the City Engineer reserves the right to reject the entire lot or lots of plants represented by the defective samples. All plants rendered unsuitable for planting because of this inspection shall be immediately removed from the site.

Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of work in the proper condition for successful growth without scarred or broken branches. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn.

Substitutions will not be permitted, unless proof is submitted to the City Engineer that any plant specified is not obtainable. The City will consider use of the nearest equivalent size or variety. Such proof shall be substantiated and submitted in writing by the Contractor within 30 days after the effective date of Notice to Proceed.

Plants shall have straight trunks with the leader intact, undamaged and uncut. Trees shall be well tapered in the trunk so that they will stand alone without the support of the nursery stake.

Branching on the main leader shall be in alternate locations and well spaced apart with no severe crossing of branches. All old abrasions and cuts shall be completely calloused over.

All plants shall be measured when their branches are in their normal position. Height and spread dimensions indicated refer to the main body of the plant and not from branch or root tip to tip. Indicated sizes shown are before pruning. Plants shall not be pruned prior to delivery except upon approval of the City Engineer.

Ground cover shall be rooted plants, grown in flats unless otherwise approved by the City Engineer.

G. Mulch
Mulch shall be a fibrous, woody bark mixture called “Walk-on-Bark” as distributed by Sun-up Forest Products Inc. or an approved equal.
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H. Backfill
Backfill to be used in tree and shrub holes shall be a mixture of soil amendment and excavated material (a thorough mix of 50% soil amendment and 50% excavated materials.) Backfill shall also include granular fertilizer thoroughly mixed with soil amendment and excavated materials at a rate specified in Section 16.06.A.

I. Root Barrier
Root barrier shall be deep root control panel or equal as shown on the Plan Details. The root barrier shall be 10 feet in length and centered on the tree. Installation shall include ¾ inch drain rock along entire length of barrier.

16.06 PLANTING
A. Soil Preparation and Fine Grading
Prior to any planting bed preparation, planting or finish grading, the contractor shall conduct a soils test as ensure report the results to the City’s Engineers to ensure that the Standard Construction Specifications and these special provisions comply with the recommendations of the soils test.

Once the soils test results have been reviewed by the City Engineer finish grade all planting areas, fill as needed or remove surplus dirt and float areas to a smooth uniform grade as indicated on Grading Plans. Slope all planting areas to drain. Roll, scarify, rake and level as necessary to obtain true, even planting surfaces. All planting areas shall be thoroughly wet down and sprinkler or emitter coverage and operation confirmed. Allow soil to dry so as to be workable after which thoroughly cultivate to a depth of 12 inches and allow to dry out.

Spread soil amendment and fertilizer evenly over all areas at the following rates:

1. Soil Amendment - 6 cubic yards per 1,000 square feet.

2. Fertilizer - 5 pounds per 1,000 square feet of 16-6-8 or approved equal.

After approval of amendment and fertilizer applications by the City Engineer, incorporate into top 12 inches of soil by repeated rotary-hoe cultivation.

When rough grading and soil conditioning have been completed, all planting areas shall be smooth graded, ready for placement of plant materials and for seeding.

Grading shall be done when soil is at optimum moisture content for working.

Finished grades shown on plans are given in feet and decimals of feet. Slope uniformly between given spot elevations. Planting areas, including lawns, shall be true to grade within one inch when tested in any direction with a 10-footstraightedge.

Grades not otherwise indicated shall be uniform levels or slopes between points where elevations are given, or between points established by walks, pavings, curbs, or catch basins. Finish grades shall be smooth, even and on a uniform plane with no abrupt change of surface. Minor adjustments of finish grades shall be made at the direction of the City Engineer if required.

All grades shall provide for natural runoff of water without low spots or pockets.

Flow line grades shall be accurately set and shall not be less than 2 percent gradient wherever possible unless otherwise indicated.
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Finished grade of all shrub, annual, and ground cover areas shall be 1 inch below top of adjacent pavement, headers, curbs, or walls unless otherwise indicated on the drawings.

Finished grade of lawn areas shall be ½ inch below top of adjacent pavement, curbs, or headers.

Tops and toes of all slopes shall be rounded to produce a gradual and natural appearing transition between relatively level areas and slopes.

Finish grades shall be approved by the City Engineer before any planting is done.

B. Tree, Shrub, and Ground Cover Planting
Mark tree and shrub locations on site using stakes or similar means. Locations shall be approved by the City Engineer before plant holes are dug, and adjustments made as required.

Dig pits circular in outline with dimensions as shown on the Plan Details.

Do not handle container plants by the tops, stems, or trunks at any time. Lift all plants so that root ball is supported from the underside. Plants that do not have a satisfactory root system will be rejected.

If plants do not have young feeder roots showing at the edge of the container, loosen their roots and cut in a few places to encourage new feeder root development along the perimeter or the root ball.

Place plant in hole in upright position and place fertilizer tablets (if required by the City Engineer). Backfill until the hole is one-half full, thoroughly water and complete the backfill.

Place a 3-inch high berm outside the excavated area, and fill the watering basin with water.

The crown on the plant after settlement shall be 1 inch above finished grade for shrubs and 3 inches above finished grade for trees. No basins are required if plants are in a lawn area or are watered by an emitter system. Tree wells irrigated with bubblers do not require a berm.

After any pruning, place stakes where required along side root ball and two feet into undisturbed ground and tie to trees as shown on the Plan Details. Mulch the inside of each basin with a 3-inch layer of bark mulch. Tree wells covered with metal grates will also require a 3-inch layer of bark mulch.

Specimen trees shall be guyed if required by the City Engineer. When trees are planted in parks or areas subject to pedestrian traffic, install 24” inches x l/2” inch white PVC pipe on each guy wire for visibility, as directed by the City Engineer.

All plants shall be planted immediately after the containers are cut and containers shall be removed from the site to prevent a hazard to persons using the area.

Apply fertilizer (16-6-8) at a rate of 5 lbs/1000 square feet uniformly over area to receive ground cover.Ground covers shall be installed at spacings indicated on the drawings and shall be evenly spaced and staggered in rows. Place each plant in a pit so the root system lies free without doubling and so the roots are planted vertically. Firm the soil around each plant and sprinkle the area immediately to avoid drying out.

Pre-emergent herbicide shall be applied to all shrub and ground cover areas including plant basins. Chemicals used are to be Surflan or as submitted in the written chemical weed control program prepared by a licensed pest control advisor and approved by the City Engineer. Apply prior to any mulching.

C. Hydromulch Seeding for Non-irrigated Erosion Control 327
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Preparation: The slurry preparation shall take place on the site. The slurry preparation shall begin by adding water to the tank when the engine is at half throttle. When the water level has reached the height of the agitator shaft, good recirculation shall be established; and at this time, the seed shall be added. Fertilizer shall then be added, followed by wood pulp. The wood pulp shall only be added to the mixture after the seed and when the tank is at least one-third filled with water.

The engine throttle shall be opened to full speed when the tank is half filled with water. All the wood pulp shall be added by the time the tank is two -thirds to three fourths full. Spraying shall commence immediately when the tank is full.

Note that water obtained from any fire hydrant within the City shall comply with the City’s Fire Hydrant Permit Program and shall be subject to a Fire Hydrant Permit.

Application: All areas to receive hydromulch shall be sprayed with a uniform, visible coat by using the green color of the wood pulp as a guide. The slurry shall be applied in a sweeping motion, in an arched stream, so as to fall like rain allowing the wood fibers to build on each other until a good coat is achieved, and the material is spread at 1,800 pounds wood fiber per acre plus seed and fertilizer. Hydromulch shall not be allowed to fall on the ground cover and shrub areas.

Time Limit: Any slurry mixture which has not been applied to the slopes within four hours after mixing will be rejected by the City Engineer and shall be removed from the project at the Contractor’s expense.

16.07 CLEANING UP
The Contractor shall at all times keep the premises from accumulations of waste material or rubbish caused by his employees, or the employees of the subcontractor and at the completion of the work he shall remove all rubbish from and about the site and all of his and his subcontractor’s tools, scaffolding, and surplus materials.

16.08 PLANT ESTABLISHMENT PERIOD
A. Preliminary Inspection
Upon completion of all construction and planting work, the Contractor shall notify the City Engineer in writing that the landscaping is ready for preliminary inspection. The approval of the completed work will establish the beginning of the plant establishment period. No partial approvals will be given.

B. Plant Establishment
Plant establishment period shall be 180 calendar days beginning after the completion of construction and lawn-seeding operations, and all items on pre-maintenance punch list. A longer period may be required if necessary to establish acceptable stands of thriving plants.

Plant Establishment shall include, but is not limited to all watering, weeding, mowing, fertilizing, cultivation, spraying and pruning necessary to keep the plant material in a healthy growing condition and to keep the planted areas neat and attractive in appearance throughout the maintenance period. All plants shall be watered not less than twice a week. Each watering shall be of such quantity as to provide optimum growth conditions. The Contractor shall provide the equipment and means for its proper application. During the plant establishment period, should the appearance of any plant indicate weakness and the probability of dying, in the opinion of the City Engineer, that plant shall be replaced immediately by the Contractor at his expense. Replacements shall be made in the same manner as specified for the original planting. At the end of the plant establishment period all plant material shall be in a healthy growing condition and free of physical injury of any kind. 328 Technical Specifications
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Work under this Section shall include complete responsibility for maintaining adequate protection for all areas. Any damaged areas shall be repaired at no additional expense to the City.

Plants installed shall be properly maintained by regular watering, cultivating, weeding, remulching, repair of stakes, pruning, and treatment of insects and pests. During the plant establishment period, any plants which are vandalized, diseased, dead, or in an unhealthy condition shall be replaced by the Contractor at his expense within two weeks after notification from the City Engineer. Any lawn or plants damaged by herbicide shall be replaced by the Contractor at his expense. Plant Establishment shall also include treatment for fungus, diseases, rodents, and insects, the requirements for approval being the same for herbicide.

Weed all areas at intervals of not more than ten (10) days.

Rocks, clods, and debris which appear on the surface shall be removed. Heaved, settled, or eroded areas shall be restored by excavating, filling, finish grading, rolling, and re-seeding as required.

Plant Establishment includes all items constructed under the contract. All items shall be maintained in an optimum working condition. The site shall be kept free of debris, including emptying of trash containers, by means of a general clean-up twice a week.

Prior to the start of the plant establishment period for the work performed under the contract, the Contractor will be required to furnish the City of West Sacramento with a maintenance bond to cover the remaining work to be performed under the contract. The bond shall be in an approved form executed by a corporate surety licensed by the State of California. The bond shall remain in force for the duration of the plant establishment period as specified herein. The premium, for said bond, shall be paid for by the Contractor.

16.09 FINAL INSPECTION AND ACCEPTANCE
Final inspection will be conducted at the end of the plant establishment period. Notice requesting final inspection shall be submitted in writing by the Contractor to the City Engineer at least 7 days prior to the anticipated date.

Acceptance of the work by the City will be contingent upon proper maintenance and the establishment of a vigorous, uniform stand of turf over all areas seeded. Any portion thereof which does not show a vigorous, uniform stand shall make all lawn areas subject to continued maintenance at the Contractor’s expense.

Prior to the final inspection, the Contractor shall also have performed weeding, repair or touchup of paving, equipment, and structures, and the thorough cleaning of the site. Just prior to final inspection, 16-6-8 granular form commercial fertilizer shall be applied as follows:
15 g.c. plants 1 cup
5 g.c. plants 1/2 cup
1 g.c. plants 1/4 cup
Ground Cover 10 lbs./1000 square feet
Lawn Areas 5 lbs./1000 square feet
Fertilizer shall be spread around plant base and thoroughly watered.

At the final inspection, the City Engineer will determine the condition of improvements, planting, and lawn. Plants, which are missing, vandalized, dead, or unhealthy, shall be replaced by the Contractor at his expense with the same species and sizes originally specified. The Contractor shall make replacements within two weeks after final inspection, and maintain plants for an additional 30 days. 329
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If project improvements, corrective work, and maintenance have not been performed as specified and to the satisfaction of the City Engineer, maintenance shall continue at the Contractors expense until such time as work has been successfully completed. Should work have been performed as specified and to the City Engineer’s satisfaction, the City will assume maintenance responsibilities following the final inspection.

16.10 GUARANTEE
All trees, shrubs, ground covers, and other plant materials shall be guaranteed to take root and grow, and thrive for a period of one year after final acceptance of work.

Any trees or other plant materials that die back and lose the form and size originally specified shall be replaced, even though they have taken root and are growing after the die-back.

Within 15 days of written notification by the City, remove and replace all guaranteed plant materials, which, for any reason, fail to meet requirements of guarantee. Replacements shall be made to same specifications as required for original materials and shall carry the same guarantee from the time they are replaced.

16.11 COST BREAKDOWN
The contractor shall, prior to commencement of work, furnish to the City Engineer a cost breakdown for the contract lump sum items of landscape work as specified in the contract documents.

The contractor shall determine the quantities of the items required to complete all work shown on the plans. Such quantities and their values (including labor, equipment and materials) shall be included in the cost breakdown submitted to the City Engineer for approval. The sum of the quantity unit’s times the unit prices shall equal the contract lump-sum bid for each item of landscape work. The contractor shall be responsible for the accuracy of the quantities and values used in the cost breakdown submitted for approval. Unbalancing of the unit prices will not be allowed.

Overhead, profit, bond premium, temporary construction facilities and other such items shall be included in each individual unit listed in the cost breakdown. However, costs for traffic control system shall not be included.

The cost of preparing the cost breakdown for each lump sum item of landscape works shall be considered as included in the contract lump sum price for various items of landscape works involved and no additional compensation will be allowed therefore.

16.12 MEASUREMENT AND PAYMENT
The landscaping shall be measured and payment made at the contract lump sum or unit price and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work in landscaping and planting areas and tree areas including staking as shown on the plans and as specified in these specifications and as directed by the City Engineer.

Plant Establishment Period shall be measured and payment made at the contract lump sum price and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, maintenance bond, and for doing all work in landscape plant establishment as specified in these specifications and no separate payment will be made therefore.

The contract lump sum price paid for landscaping may be increased to account for installation of additional landscape items as directed by the Engineer; or may be decreased to account for the 330
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deletion of landscape items as directed by the Engineer. The amount of increases or decreases shall be based on the unit prices of the landscape items listed in the Cost Breakdown. Any increases or decreases in the lump sum price paid for landscaping shall be subject to the approval of the Engineer.
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SECTION 17

IRRIGATION SYSYTEM
Replace Section 17 with the following:

17.01. DESCRIPTION
This work shall consist of furnishing all the labor, materials, tools, and equipment necessary to construct and complete in an efficient and workmanlike manner the installation of an irrigation system in accordance with the approved plans and these specifications.

17.02. GENERAL
A. Purpose
It is the intention of these specifications to accomplish the work of installing a sprinkler system, which will operate in an efficient manner and provide adequate coverage. The plans indicate the general arrangement of piping and equipment, and do not necessarily indicate all offsets, fittings and accessories that may be required. The Contractor shall furnish incidental materials and labor not specifically called for but required to complete the work.

B. Details
Pipe lines shown parallel on the drawing may be placed in a common trench, providing that a minimum horizontal distance of 6 inches is maintained between buried lines.

Discrepancies in dimensions or sizes of areas to be irrigated shall be brought to the attention of the City Engineer, prior to submission of bid. After such time, intent of City will govern all discrepancies.

C. Damage by Leaks
The Contractor shall be responsible for damages to any property or work caused by leaks in the piping systems being installed. He shall repair, at his expense, all damages so caused.

All repair work shall be done as directed, and in a manner satisfactory to the City Engineer.

D. Protection
The Contractor shall be responsible for any damage to this work, which occurs before final acceptance. He shall securely cover all openings into the systems and protect all apparatus, equipment and appliances, both before and after being set in place, to prevent obstructions in the pipes and breakage, misuse or disfigurement of the apparatus, equipment or appliance. Contractor shall be responsible for damage to all existing utilities and existing facilities (buildings, turf, and landscape areas, paving, etc.), whether or not they are indicated on drawings.

E. Equipment List and Drawings
Within 15 days following notification of award of the contract, the Contractor shall submit to the City Engineer for approval a list of equipment and material, which he proposes to furnish and install. The list shall be complete as to name of manufacturer, size and catalog number of unit, and shall be supplemented by such other data as may be required, including detailed scale drawings, plumbing, and wiring diagrams. All of the above data shall be submitted in accordance with Section 2 of the City of West Sacramento Design Standards. 333
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Prior to acceptance of the work, the Contractor shall submit an “As Built” plan showing in detail all construction changes, especially completed schematic circuit diagrams.

F. Guarantee
The entire sprinkler system shall be unconditionally guaranteed by the Contractor as to material and workmanship, including settling or backfilling areas below grade for a minimum period of one-year following the date of final acceptance of the work.

If, within one year from the date of final acceptance of the work, settlement occurs and adjustments in pipes, valves and sprinkler heads, sod or paving is necessary to bring the system, sod or paving to the proper level of the permanent grades, the Contractor, as part of the work under this contract, shall make all adjustments without extra cost to the City, including the complete restoration of all damaged planting, paving or other improvements of any kind.

Should any operational difficulties in connection with the sprinkler system develop within the specified guarantee period which in the opinion of the City may be due to inferior material and/or workmanship, said difficulties shall be immediately corrected by the Contractor to the satisfaction of the City at no additional cost to the City, including any and all other damage caused by such defects.

G. Standard of Installation
Material and workmanship shall be in accordance with local codes and ordinances of legally constituted authorities, except where provisions of these Specifications exceed such requirements, these Specifications shall govern.

H. Personnel
All layout, installation, and work relating to the irrigation system shall be performed by personnel experienced in the trade and under the supervision of a Certified Landscape Technician.

17.03 CENTRAL CONTROL SPECIFICATIONS
A. General
All materials furnished and installed shall be new and shall conform to the City’s Standard Specifications and Details.

The contractor shall organize and conduct a pre-construction meeting with representation from the Equipment Supplier, the landscape architect, and the City inspector present.

All new computerized irrigation control system components installed as shown on the plans shall be fully operational prior to final acceptance.

All incidental parts which are not shown on the plans or specified herein and are necessary to complete or modify the existing system shall be furnished and installed as though such parts were shown on the plans or in the specifications. All systems shall be in satisfactory operation at the time of completion.
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Existing interconnect systems shall be maintained in effective operation by the contractor for the duration of the work. The contractor shall notify the City inspector a minimum of two (2) working days prior to performing any work on an existing system.

Landscape and irrigation plans shall be submitted in digital format to the City prior to final acceptance.

Soil classification and maintenance schedule recommended by the landscape architect shall be provided to the City prior to final acceptance.

B. Products
General
All product part numbers listed in this section are as supplied by United Green Tech (UGT) unless otherwise noted. “Approved equal” parts may be used only with prior approval of the City Parks and Recreation Director and the City Engineering Division.

1. Conduit
a. All central control system interconnect conduit and fittings shall be PVC schedule 40, 1 inch in size, unless otherwise noted.
b. All radio service interconnect conduit and fittings shall be as approved by the local City Engineer.

2. Conductor
a. The communication cable as required from the submaster satellite assembly to the other satellite assemblies on line shall be a 4-conductor shielded cable (part #EV-CAB-COM). Communication cable may be used to link satellites up to 5,000 feet in length from each other. Cable shall be installed in a 1-inch PVC schedule 40 conduit.
b. The flow sensor wire as required from the flow sensor into the satellite assembly enclosure shall be a 2-conductor shielded cable (part #EVCABSEN). The sensor cable may be used to connect the flow sensor to a satellite up to 2,000 feet in length from each other. Cable shall be installed in a 1-inch PVC schedule 40 conduit.
c. All conductors shall be the same type and size shown on the drawings as required for proper operation of the system.

3. Wire Splices
a. Conductors shall be installed with NO UNDERGROUND splices unless absolutely necessary and unavoidable. Any and all underground splices that are required to be made must be approved by the City inspector and shall be placed in a suitable type 14 inch by 19-inch valve box for easy access. b. Wire splices on the communication or sensor cable shall be made with a splice kit (part # ETS-SPLICE)

4. Pull Boxes
a. Pull boxes shall be fabricated from a durable plastic material resistant to weather, sunlight, and chemical action of soil. Pull boxes shall be a minimum size of 20 inches in length, 15.25 inches in width and 12 inches in height. In paved areas, the pull box shall be concrete type with a cast iron lid. 335
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5. Ground Rod
a. A 5/8-inch by 8-foot ground rod, clamp and #10 wire shall be provided at every satellite location. It shall be installed per manufacturers specifications. b. All central control system equipment shall be grounded to conform to requirements of the National Electric Code, current edition as adopted by the City, and the manufacturer’s specifications. No solder connections will be allowed. Resistance to ground shall be no more than 75 ohms.

6. Satellite Assembly
a. The number and location of the satellites shall be as shown on the drawings and shall be as manufactured by Rain Master.
b. All satellites shall be pre-assembled, hereafter referred to as a “satellite assembly”, by the equipment supplier (UGT) in a top entry (SA6 series) or metered (SA5 series) “Strongbox” stainless steel weather proof, vandal resistant, lockable enclosure manufactured by V.I.T. Products (Refer to plans for specific model numbers and components for each controller). c. The satellite assembly shall consist of a stainless-steel enclosure, stainless steel removable backboard, interconnect terminal strips, primary power voltage surge arrester, on/off switch, a ground fault interrupt circuit, ground rod, wire, and clamp.
d. The satellite assembly (part# SA6-RM7 or SA5-RM7 series) shall include a phone communication circuit board for communicating with the central computer by means of the telephone system. (Refer to plans for specific model numbers and components for each controller).
e. The satellite assembly (part# SA6-RM8 or SA5-RM8 series) shall include a radio communication circuit board for communicating with the central computer by means of data radio. (Refer to plans for specific model numbers and components for each controller).
f. The satellite assembly (part# SA6-RM6 or SA5 series) shall include a hard wire communication circuit board for communicating with a submaster satellite assembly (part #SA6 -RM7, SA5-RM7, or SA6-RM8) when interconnected by means of hard wire (part #EV-CABCOM). (Refer to plans for specific model numbers and components for each controller).
g. The satellite assembly (SA6 -RM8) shall include a radio and dome antenna assembly (part #RDM) for line of sight communication or a radio and high gain antennae assembly (part #RHG) for non line of sight. For proper antenna selection, contact United Green Tech at (888) 434-7435. (Refer to plans for specific model numbers and components for each controller). h. The satellite assembly (where applicable) shall include a flow sensing assembly with normally open master valve assembly option (part #FSAV series) for each point of connection (maximum of two per satellite/group) or a Dual Flow Sensing Assembly with Master Valves option (part #DFSAV series) for a single point of connection with a bypass to monitor very low and high flows. (Refer to plans for specific model numbers and components for each controller).
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i. The satellite assembly (where applicable) shall include a Rain Master PROMAX Transmitter and built-in remote receiver with a controller access code (part #PMR) or PRO-MAX built-in receiver only with controller access code (part #PMR-CAC) which ever is applicable. (Refer to plans for specific model numbers and components for each controller).

C. Execution of Work

1. Interconnect Conduit
a. The interconnect conduit shall be located within the public right-of-way whenever possible. If the conduit is installed outside of the public right-of-way, an easement shall be provided to the City prior to installation.
b. Conduit runs shall be installed as shown in the approved plans. Any changes shall be approved by the Parks Manager and the City Engineer prior to installation.
c. The ends of the conduits, whether shop or field cut, shall be reamed to remove burrs and rough edges. Cuts shall be made square and true. d. The ends of the conduit shall be capped until the pulling of wiring is started. e. Conduit bends, except factory bends, shall have radii of not less than six times the inside diameter of the conduit.
f. Conduit shall be installed at a depth of not less than18 inches below finished grade.
g. Conduit shall be free of soil and debris.
h. A nylon or polypropylene pull rope with a minimum tensile strength of 500 pounds shall be installed in all conduits, which are to receive future, interconnect cable. At least 2 feet of pull rope shall be extended beyond each end of the conduit run and secured.

2. Interconnect Conductors
a. All interconnect conductors shall be pulled by hand. b. A total of 3 feet of cable shall be left at each satellite assembly and pull box.

Sufficient slack shall be left to allow the wire to extend 18 inches above the top of the pull box grade.
c. The interconnect wire shall be continuous from satellite to satellite. All splices shall occur within the satellite enclosure unless specifically authorized by the Parks Manager and the City Engineer. Splices shall be capable of satisfactory operation under continuous submersion in the water.

3. Pull Boxes
a. Pull boxes shall be installed at intervals not to exceed two hundred feet and at all changes in direction and where the conduit crosses a roadway, bridge or railroad track (with a 36-inch loop inside the box).
b. Pull boxes shall be installed in area to be landscaped whenever possible. c. The bottom of the pull box shall be bedded in crushed rock six inches deep prior to installation of the interconnect cable.
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17.04 MATERIALS
A. Pipe and Fittings

1. Mains
Irrigation mains shall be ¾ inch or larger polyvinyl chloride pipe (PVC) Class 315, and shall be manufactured of Type I, Grade I or II, 2,000 psi design stress compound designated as PVC 1120 or 1220, and shall conform to ASTM designation D 1784 for rigid PVC compounds. It shall conform with the requirements of Commercial Standard 207-60. Pipe shall be manufactured to iron pipe size dimensions and furnish in minimum standard lengths of twenty (20) feet.

All mainline pipe shall be purple in color to signify reclaimed water source for future changeover from domestic water to reclaimed water.

All plastic fittings shall be molded fittings manufactured of the same material as the pipe and shall be suitable for either solvent weld or screwed connections. Solvent weld type couplings and fittings shall have a pressure rating equal to or greater than that of the pipe and shall be a type recommended by the pipe manufacturer.

2. Laterals
Laterals shall be ½ inch or larger polyvinyl chloride pipe (PVC) Class 200 and shall be manufactured of Type I, Grade I or II, 2,000 psi design stress compound designated as PVC 1120 and shall conform to ASTM designation D1784 for rigid PVC compounds, or brass Schedule 40 B-43 threaded pipe. PVC pipe joints and fittings shall be the same as specified for irrigation mains. Brass pipe fittings shall be 150 psi, banded pattern. All nipples shall be of the same material as the pipe.

All lateral line pipe shall be purple in color to signify reclaimed water source for future changeover from domestic water to reclaimed water.

B. PVC Pipe Cements

1. Primer shall be IPS P-70 PVC, or equal, for all sizes of PVC pipe and fittings.

2. Cement shall be IPS 711 heavy bodied grey cement, or equal, for all sizes of PVC pipe and fittings up to 1-1/2 inch. Applicator shall be a minimum of one half the diameter of the pipe or fittings.

C. Sprinkler Heads
Sprinkler heads shall be manufacturer and type as shown on the plans or approved equals.

They shall be constructed of plastic and stainless steel, equipped with a factory installed check valve. All heads of a particular type or function in the system shall be of the same manufacture and shall be marked with the manufacturer’s name and identification in such a position that they can be identified without being removed from the system. Any substitutions for items specified on the plans must be submitted for approval in writing.

Subsequent approval or rejection will be given in writing. All sprinkler heads shall have a purple cap to signify reclaimed water source for future changeover from domestic water to reclaimed water.

D. Sprinkler Risers
All ½ inch riser nipples shall be threaded Schedule 80 PVC and swing joints shall be Schedule 80 PVC threaded street ells. All 1-inch riser assemblies shall consist of swing joints rated at 200 psi and two Schedule 80 PVC nipples and one Schedule 80 nipple. See Standard Details. 338
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E. Backflow Prevention Devices
The backflow prevention device shall be a reduced pressure type device with a backflow enclosure in accordance with the Standard Detail.

F. Irrigation Controller
The irrigation system controller shall be a U.L. approved, micro-processor based, solid state unit capable of fully automatic or manual operation of the system. It shall be housed in an exterior (16 gauge) weatherproof pedestal mounted lodging case. It shall operate on 117 volts AC, 50/60 Hz power input and be capable of operating 24-volt AC electric control valves. In addition, the controller shall be equipped with or shall be capable of the following:

1. Each station shall have the capability of being individually programmed to operate from one minute to nine hours and 59 minutes, in one-minute increments.

2. It shall have a quick stations function, which allows for rapid programming of a block of stations with the same watering period.

3. It shall have three independent programs with four automatic starts per day per program.

4. Each program shall have its own percentage function which allows the watering length of all stations in the program to be changed from 0% to 300% in 1% increments and at all times be able to display the original watering length of each station.

5. Each program shall be capable of being set on either a seven day weekly repeat cycle where the active days are displayed all at once or on a skip day basis where the user may select the number of days skipped, from one to thirty, between waterings with the starting day selectable.

6. The controller shall have a review program function, which, with one button, will sequentially bring all its programming information to the displays at a readable rate.

The recall display shall be interruptable at any time for changing of the program.

Each program shall provide a total duration watering time in hours and minutes.

7. The controller shall allow for setting in a “rain mode” for up to seven days after which, it will revert to the “automatic mode”.

8. Program may be protected by use of an access code.

9. Controller shall be capable of being operated manually at any time without affecting the original program.

10. The controller shall have a rechargable battery back-up to maintain time and the user’s program.

11. The controller shall have the capability of responding to external remote control signals when coupled to a master remote control system.

12. The controller shall have a built-in self test which allows the user to check each of the following:
a. LED’s for lighting and shorts,
b. The digital display for lighting and shorts,
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c. Each key of the keyboard for integrity and proper function, and d. All station outputs.

13. Output power capacity shall be 24 VAC, 1 amp maximum, equivalent to 24VA.

14. The controller cabinet shall include a 110-volt electrical outlet with two connections.

The enclosure and accessories shall be installed in conformance with the manufacturer’s instructions and recommendations. Foundation to be minimum of 4” inches deep and sufficient width to prevent tipping.

G. Electrical

1. Control Wire
All wiring to be used for connecting the automatic controller to the electric solenoid actuated remote control valve shall be type UF-600V, solid copper, PVC insulation, single conductor, UL approved underground feeder cable. All pilot of “hot” wires are to be of one color and all “common” wires are to be white. Connecting and splicing of wire at the valves or in the field shall be made as follows: The splice shall be insulated with a 3-M Co. 3MDBY Direct Bury #09053 Splice Kit or equal.

Field splices between the controller and valves will not be allowed without prior approval of the City Engineer.

2. Pull Boxes
Pull boxes shall be installed at the locations shown on the plans or at locations designated by the City Engineer at site of work. Contractor may, at his own expense, install such additional pull boxes as may be desired to facilitate the work.

Reinforced concrete covers shall be inscribed “Irrigation 24 Volt”. Covers shall be provided with two 3/8-inch brass hold down bolts with brass washers and nuts.

Nuts shall be recessed below the surface of the cover. If pull boxes are set in an area subject to vehicle traffic load, they shall have a steel cover of suitable design to withstand such loads.

Top of pull box shall be set ¼ inch above finished landscaping grade.

3. Service Unit and Meter Socket
The combination Power Company (PG&E) service and termination point for metered service shall be Tesco Class 21-000 service pedestal State or California Type 3 or equal.

4. PVC Conduit
All poly-vinyl-chloride (coded “PVC” on the Drawings) conduit shall be heavy-wall, Schedule 40, with factory made bends, couplings, and fittings; where permitted by NEC.

17.05 INSTALLATION
A. Trenching
Excavation shall be open vertical construction sufficiently wide to provide free working space around the work installed and to provide ample space for backfilling and compacting.

Trenches for pipe shall be cut to required grade lines, and trench bottom shall be compacted to provide an accurate grade and uniform bearing for the full length of the line. When two pipes are to be placed in the same trench, it is required that a minimum of 6 inches be maintained between the pipes.
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The excavation required for the installation of conduit, foundations, and other appurtenances shall be performed in such a manner as to cause the least possible injury to the streets, sidewalks and other improvements. All lawns or improvements disturbed in excavating shall be replaced or reconstructed with the same kind of material as that damaged or with materials of equal quality. The material from the excavation shall be placed in a position that will not cause damage or obstruction to vehicular and pedestrian traffic nor interfere with surface drainage.

The depth of trenches shall provide a minimum cover above the conduit or wiring as follows:

1. 18 inches over non-pressure lateral lines.

2. 24 inches over mainline under pressure.

3. 24 inches over pipe crossing under paving.

B. Control Wiring
Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWGU. F. 600 volt. Pilot wires shall be a different color wire for each automatic controller.

Common wires shall be white with a different color stripe for each automatic controller.

Install in accordance with valve manufacturer’s specifications and wire chart. In no case shall wire size be less than #10.

Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible.

Where more than one wire is placed in a trench, the wiring shall be taped together at intervals of 4 to 6 feet.

Wires installed in conduits shall not be taped together to facilitate replacement of individual wires.

An expansion curl should be provided within 3 feet of each wire connection and at least every 100 feet of wire length on runs more than 100 feet in length. Expansion curls shall be formed by wrapping at least five turns of wire around a one-inch in diameter pipe, then withdrawing the pipe.

Field splices between the automatic controller and electric control valves will not be allowed without prior approval of the City Engineer.

C. Backfilling
Backfill material shall be of native material free from lumps or stones and placed in 6 inch layers thoroughly compacted by mechanical tamping until the relative compaction is not less than 92 percent.

D. Water Service and Meter
The water service and meter shall be installed by the contractor at the location shown on the plans and shall conform to the Standard Details. Irrigation services shall include a backflow device and enclosure as shown in the Standard Details.
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E. PVC/Brass Pipe
Pipe shall be cut with a fine tooth hacksaw or approved cutting tool and any burrs shall be removed. The outside surface of the pipe and the inside surface of the fittings shall be wiped with a clean cloth saturated with methyl isobutyl ketone (MIBK) to remove all dirt and moisture before the cement solution is applied. The cement solution shall be applied to the pipe and fitting socket with a brush having a width approximately one-half the diameter of pipe. The cement solution shall be applied freely with a light wiping action to spread the cement uniformly over the surfaces. The pipe surface or fitting socket shall not be rubbed with a brush any more than is necessary to spread the cement. If the cement thickens, it shall be discarded.

Immediately after the cement has been applied to the surface to be joined, the pipe shall be inserted into the fitting with a twisting motion to the full depth of the fitting socket.

Immediately after joining is completed, any excess cement shall be thoroughly wiped from the pipe and fitting. The joined members shall be allowed to cure for at least 5 minutes before they are handled. In cold or damp weather, the curing period shall be increased due to slower evaporation of the solvent. An additional fitting or pipe section may be added to the completed joint within 3 minutes if care is exercised in handling so that a strain is not placed on the previous joint. The male and female pipe threads of all threaded connections on PVC pipe shall be coated with Permatex #51, or equal, pipe joint compound. Tighten fittings finger tight plus no more than one or two turns.

Except as shown on the plans, PVC pipe placed in a trench shall be laid on level, undisturbed, or well compacted, earth and solvent-weld pipe shall be snaked from side to side in the trench at intervals of approximately 50 feet. Pipe shall be held down between joints with small mounds of earth to prevent movement. After completion of the pressure tests on the pipelines and before any backfill is placed, water shall be run through the entire line until the pipe has been cooled to the supply water temperature. The trench shall be immediately backfilled, covering the pipe with soft earth to prevent damage to the pipe from rocks or clods.

Brass pipe joints shall be threaded couplings, rated at 150 psi. Threaded joints shall be made by placing Teflon tape on the male threads only. Use of thread cement or caulking to make joints tight will not be permitted. All cut ends shall be reamed to full pipe bore before assembly.

Brass pipe fittings shall be joined to the pipe in the same manner as specified for pipe joints.

F. Sprinkler Heads
Nozzles on stationary sprinklers shall be tightened after installation and sprinklers having an adjustment stem shall be adjusted on a lateral line for the proper radius, diameter and/or gallonage. They shall be set perpendicular to finished grade and shall be installed as indicated on the plans and shown in the details.

G. Valves
Provide each assembly with its own outlet; no multiple assemblies will be allowed.

Remote control valves shall be adjusted so the most remote sprinkler heads operate at the pressure recommended by the head manufacturer and so a uniform distribution of water is applied by the sprinkler heads to the planting areas for each individual valve system.

All valves shall be installed as shown in the details and in accordance with manufacturers recommendations.
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H. Valve Boxes
All remote control valves, gate valves, manual angle, or globe valves shall be installed in a plastic valve box as shown in details, complete with cover, unless otherwise specified on the plans. All plastic valve boxes shall be Brooks, Ametek or Carson with locking lid installed as shown in the Standard Details.

All valve boxes shall be set ¼ inch above finish grade in lawn areas and ½ inch above finish grade in ground cover areas. Under no circumstances shall more than one remote control valve be installed in one valve box.

Valve boxes located near walks, curbs, headerboards and paving shall be installed in such a way as to allow for valve boxes to abut those items with top surface matching plane as items listed above.

I. Irrigation Controller
All controller locations are essentially diagrammatic, and shall be specifically located by the Designated Authority.

All local and applicable codes shall take precedence in furnishing of 120- volt electrical service to the Controller.

This service will be provided by others. The Contractor shall provide and install the service unit and meter socket and make the connection between the power source and the controller. Adequate coverage and protection of the 24-volt service wire leading from the controller shall be maintained from the bottom of the controller.

J. Booster Pumps
This item shall consist of furnishing and installing a Booster Pump as shown on the Plans and shall comply with the Standard Construction Specifications and these Special Provisions.

17.06 TESTING
After the entire sprinkling system has been completely installed, a complete test of the entire installation shall be made by the Contractor in the presence of the City Engineer before final acceptance of the system by the City.

A. Testing of Service Lines and Irrigation Main
Service lines and irrigation main shall be tested in accordance with applicable provisions of the Water Distribution Specifications.

B. Testing Plastic Pipe
After all new sprinkler piping and risers are in place and connected, and all necessary division work has been completed and prior to the installation of sprinkler heads, control valves shall be opened and a full head of water used to flush out the system. After the system is thoroughly flushed, risers shall be capped off and the system pressure tested.

Request for the presence of the City Engineer in writing shall be at least 72 hours in advance of testing. All testing shall be done in the presence of the City Engineer. Apply a continuous static water pressure when welded plastic joints have cured at least 24 hours and with the risers capped as follows:
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1. Test main lines and submains at 150 psi for 2 hours.

2. Test lateral lines at line pressure for 4 hours.

3. Repair leaks resulting from tests. Pressure testing shall continue until no leakage or loss of pressure is shown over the entire prescribed test period. At the conclusion of the pressure test, the heads shall be installed and tested for operation in accordance with design requirements under normal operating pressure.

C. Testing of Electrical System
Prior to acceptance of the work the Contractor shall cause the following tests to be made:

1. For continuity of each circuit.

2. For grounds in each circuit.

3. A megger test on each circuit.

4. A functional test in which it is demonstrated that each and every part of the system functions as specified or intended herein.

17.06 COST BREAKDOWN
The contractor shall, prior to commencement of work, furnish to the City Engineer a cost breakdown for the contract lump sum items of irrigation work as specified in the contract documents.

The contractor shall determine the quantities of the items required to complete all work shown on the plans. Such quantities and their values (including labor, equipment and materials) shall be included in the cost breakdown submitted to the City Engineer for approval. The sum of the quantity unit’s times the unit prices shall equal the contract lump-sum bid for each item of irrigation work. The contractor shall be responsible for the accuracy of the quantities and values used in the cost breakdown submitted for approval. Unbalancing of the unit prices will not be allowed.

Overhead, profit, bond premium, temporary construction facilities and other such items shall be included in each individual unit listed in the cost breakdown. However, costs for traffic control system shall not be included.

The cost of preparing the cost breakdown for each lump sum item of irrigation works shall be considered as included in the contract lump sum price for various items of irrigation works involved and no additional compensation will be allowed therefore.

17.07 MEASUREMENT
The work performed under these specifications will be measured by the unit or lump sum as designated in the contract item for constructing an irrigation system.

If measured by unit, quantities of sprinkler heads, quick coupling valves, backflow preventers, booster pumps, etc. will be determined from actual count of the items in place in the completed work. Quantities of conduit and the various sizes of pipe will be measured by the linear foot in place in the completed work.
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17.08 PAYMENT
Payment will be made at the lump sum or unit price for sprinklers, sprinkler heads, bubble heads, quick coupling valve, backflow preventers, booster pumps, control valves, control assemblies, turning unions, or garden valves; and the contract prices per linear foot for the various sizes and types of pipe. Full compensation for furnishing and installing swing joints and pipe used for risers shall be considered as included in the price paid for the contract item requiring the riser or swing joint and riser and no separate payment will be made therefore.

When there are no separate contract items for spray nozzles, valve protectors, valve boxes or any other materials necessary to complete the irrigation system, such materials shall be furnished and installed. Full compensation for this work and materials shall be considered as included in the prices paid for the various contract items of the irrigation system and no separate payment will be made therefore.

The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals; and for doing all the work involved in installing the irrigation system, complete in place, as shown on the plans, and specified in these specifications and any special provisions, and as directed by the City Engineer, including any structure excavation, structure backfill and water involved. 345
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SECTION 20

TRAFFIC SIGNING, STRIPING AND PAVEMENT MARKINGS
Add to Section 20.01 Thermoplastic Traffic Stripes and Pavement Markings:

Thermoplastic traffic stripes and pavement markings shall be used on hot mix asphalt pavement. Do not use thermoplastic on concrete pavement.

Replace Section 20.02 with the following:

SECTION 20.02, PAVEMENT MARKERS
Pavement markers shall conform to the provisions in Section 85 “Pavement Markers”, of the State Standard Specifications and these Special Provisions:

A. Reflective blue marker (Type D Blue) for fire hydrants shall be placed as shown in the Standard Plans.

B. Pavement markers shall not be placed in pavement recesses.

C. Hot melt bitumen adhesive shall be used to cement the pavement markers to the existing pavement. The Rapid Set Type epoxy adhesive shall not be used.

D. Hot melt bitumen adhesive shall be heated indirectly in an applicator with continuous agitation and shall be applied at a temperature between 400F and 425F. Pavement Markers shall be placed immediately after application of the adhesive.

E. Blast cleaning of clean, new asphalt concrete surfaces will not be required.

Payment of pavement markers shall be included in the price of install fire hydrant assembly and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to install new pavement markers as shown on the plans and/or specified herein, complete in place.

Replace Section 20.04 with the following:

SECTION 20.02, REMOVAL OF EXISTING TRAFFIC STRIPING AND PAVEMENT

MARKINGS
Removal of existing traffic striping and pavement markings shall conform to the provisions in Section 84, “Markings”, of the State Standard Specifications, unless otherwise noted herein.

Nothing in these Specifications shall relieve the Contractor from his responsibilities as provided in Section 7-1.04, “Public Safety”, of the State Standard Specifications.

Conflicting striping and pavement markings shall be removed before the installation of new striping and pavement markings. All traffic striping and pavement markings shall be removed in a rectangular shape. New striping and pavement markings shall be installed within 24 hours of removal of old striping and pavement markings.
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Where grinding or sand-blasting is used for the removal of existing traffic striping and pavement markings, and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the grinding or sand-blasting material and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the grinding or sand-blasting operation. After the removal of existing traffic striping and pavement markings on asphalt concrete pavement, a fog seal coat shall be applied to the surface of grinding or sandblasting areas in accordance with the provisions in Section 37, “Bituminous Seals”, of the State Standard Specifications.

Add to Section 20.10 Measurement and Payment:

All methyl methacrylate (MMA) traffic stripes shall be measured by the linear foot along the line of the traffic stripe, without deductions for gaps in broken (skipped) traffic stripes. Payment for all MMA traffic stripes of the widths designated in the contract documents, shall be per linear foot and shall include full compensation for furnishing all labor, material, tools, equipment, primer, incidentals and establishing alignment to completely install the MMA traffic stripes.

All MMA pavement markings and legends shall be measured by the square foot of the actual area covered. All MMA pavement markings and legends shall be paid for by the square foot of actual area covered and shall include full compensation for furnishing all labor, material, tools, equipment, primer, incidentals and lay-out work to completely install the MMA pavement markings and legends.

Add to Section 20:

SECTION 20.11, METHYL METHACRYLATE TRAFFIC STRIPES AND MARKINGS Traffic stripes and pavement markings on concrete pavement shall be methyl methacrylate (MMA), and shall conform to Section 84 “Markings”, of the latest Revised State Standard Specifications and these Special Provisions.

MMA traffic stripes and markings must be supplied by Ennis-Flint or approved equal from the Caltrans Authorized Material List.

SECTION 20.12, GREEN COLORED BIKE STRIPES AND PAVEMENT MARKINGS Green colored traffic stripes and pavement markings for bike lanes shall be placed where shown on the plans or as directed by the Engineer.

MATERIALS
Green colored traffic stripes and pavement markings shall be a methyl methacrylate (MMA) acrylic based resin system used for color pavement marking and anti-skid surfacing. The resin, catalyst, and aggregate compounds shall be capable of full cure in a wide range of temperatures without requiring external heat sources.
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Properties Unit of Measure Test
Neat Resin
Tensile Strength 2000 psi (14MPa) min ASTM D638
Elongation 70% min ASTM D638
Tensile Modulus of
Elasticity 1370 psi (9.5 MPa) min ASTM D638
Hardness 15 – 20 Shore D ASTM D2240
Water Absorption 0.25% max ASTM D570
Density 13.42 lb/gal (1.6 gm/ml) ASTM D2849
Pot Life 15 minutes @ 72˚F (22˚C) AASHTO T237
Flash Point 50˚F (10˚C) ASTM D1310
Solids Content 99% ASTM D1644
Skid Resistant 45 minimum ASTM E274
Aggregate
Specific Gravity 2.65 ASTM C128
Hardness 7.0 Mohs Scale

MATERIAL COLOR
The daytime chromaticity coordinates for the color used for green colored pavement shall be as follows:
1 2 3 4
x y x y x y x y

0.230 0.754 0.266 0.500 0.367 0.500 0.444 0.555
The daytime luminance factor (Y) shall be at least 7, but no more than 35.

The nighttime chromaticity coordinates for the color used for green colored traffic stripes and pavement markings shall be as follows:
1 2 3 4
x y x y x y x y

0.230 0.754 0.336 0.540 0.450 0.500 0.479 0.520

SURFACE PREPARATION
Before applying green colored traffic stripes and pavement markings material, cover manholes, valve and monument covers, grates, or other exposed facilities located within the area of application, using a plastic or oil resistant construction paper secured by tape of adhesive to the facility being covered.

All surfaces that are to receive colored pavement material shall be thoroughly clean, dry, and free of all dirt, grease, and other contaminates that might interfere with proper adhesion Clean the pavement surface using high pressure water, compressed air, sandblasting, shotblasting, or mechanical abrasion. The surface should be visibly dry, and the moisture content should be tested according to ASTM D4263 (modified to 2 hours). New asphalt shall have been placed for a minimum of 15 days prior to installation of the colored pavement material and surface oils shall not be present. The temperature of the pavement and air shall be between 40˚F - 104˚F (5˚C - 40˚C).

All areas to be coated shall be masked prior to application of primer and masked again prior to application of the green colored traffic stripes and pavement markings material. 349
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MIXING AND APPLICATION
Mixing and applying green colored traffic stripes and pavement markings material and primer shall be in accordance with the manufacturer's instructions.

Replace section 84-9.03B of the State RSS for section 84-9 with:
84-9.03B Remove Traffic Stripes and Pavement Markings Containing Lead Residue from the removal of painted or thermoplastic traffic stripes and pavement markings contains lead from the paint or thermoplastic. The average lead concentrations are less than 1,000 mg/kg total lead and 5 mg/L soluble lead. This residue:

1. Is a nonhazardous waste

2. Does not contain heavy metals in concentrations exceeding the thresholds established by the Health and Safety Code and 22 CA Code of Regs

3. Is not regulated under the Federal Resource Conservation and Recovery Act (RCRA), 42 USC § 6901 et seq.

Management of this material exposes workers to health hazards that must be addressed in your lead compliance plan.
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SECTION 22

DEWATERING
Replace Section 22 with the following:

22.01 DESCRIPTION
This Section shall apply to any project which requires dewatering of groundwater as part of construction activities within the City of West Sacramento. This section is intended to provide guidelines to ensure that the developer/contractor takes all reasonable steps necessary to avoid adverse impacts to existing property caused by dewatering. The Contractor is solely responsible for any impacts associated with dewatering operations.

22.02 WATER CONTROL PLANS
A Dewatering Water Control Plan (WCP) shall be prepared by a California registered Civil Engineer experienced in the design, installation, and operation of dewatering systems and shall be submitted to the City Engineer for review and evaluation prior to the start of dewatering.

Submittal: Dewatering Water Control Plan
The WCP shall include, at a minimum, the following:

A. Pre-project planning and assessment including the following:

1. Determine geologic and hydrogeologic conditions as they affect the dewatering operations. This information should support the duration, extent, and magnitude of the proposed operations and discuss the lateral extent to which the cone of depression from dewatering operations will extend from the area to be dewatered. Based upon this information, a corridor for implementing monitoring before, during and after dewatering operations shall be established.

2. Identify existing wells, structures, utilities, etc. on adjacent properties that are within the corridor pre-established by the Design Engineer adjoining the planned orientation or perimeter of the area to be dewatered.

3. Notify property owners, in writing, of the purpose and objectives of the work, the dates work will be performed, and that frequent measurements will be required and as such access would occur before, during, and possibly after the dewatering operations occur.

4. Obtain written permission from the property owners to enter the property and conduct measurements and collect readings.

5. Obtain current groundwater elevations and ground surface elevations at a sufficient number of locations within the area to be dewatered to adequately characterize pre-dewatering conditions. The accuracy of the measurements should be such that the amount of change potentially harmful to one of the monitored points is within the accuracy of the measuring method. Survey data shall be certified by a California Registered Laor.

6. Take photographic records of specific monitoring points, especially any surface or subsurface structure, utility, or well that shows obvious signs of distress, 351
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disrepair, or damage that has occurred prior to the initiation of dewatering operations.

7. Collect and analyze a representative number of groundwater samples. The objective is to establish pre-existing groundwater chemistry such that comparisons can be made to groundwater quality during and after the dewatering operations. This information will allow for addressing concerns about changes in groundwater chemistry as a result of dewatering operations. Furthermore, this will allow for a general characterization of the groundwater quality to assess water quality issues in the discharge water and methods of disposal.

8. Obtain construction information for water wells within the dewatering area. Obtain current operational information for these wells (pump depth, pumping rate, drawdown, etc.), and consider obtaining downhole video logs for wells suspected of being in a deteriorated or damaged state.

B. Estimates based upon sufficient site-specific information regarding the quantity and quality of groundwater that will be generated at the beginning and subsequent stages throughout the dewatering project.

C. Estimates of the continuous discharge rate required to establish and maintain the target dewatering depth and any anticipated changes in the required discharge rate.

D. Subsurface soils and geology, groundwater depth, movement direction, and groundwater quality within the planned area to be dewatered, and within that area reasonably assumed to potentially be influenced by the dewatering operations.

E. Appropriate permitting to include (but not limited to) dewatering infrastructure (e.g. dewatering wells), temporary emissions from portable power units, and NPDES permits (if required) for the discharge water into the storm drainage system or a City Industrial Pretreatment Permit for discharge into the City sanitary sewer system.

F. Onsite and off-site monitoring to assess potential deleterious impacts to surrounding installation, structures, and utilities. This should include the type and location of proposed monitoring points, the monitoring method and frequency, and the reporting mechanism relative to findings of the routine monitoring.

G. Discharge management, monitoring, and control. This should include a description of the proposed discharge point(s) and the requirements for discharge (e.g. volume, quality).

H. Shop drawings showing locations, dimensions, relationships of the elements of each dewatering system. The submittal should include design calculations demonstrating the adequacy of proposed dewatering and/or isolation systems and their components. Include manufacturer’s literature describing installation, operations, and maintenance procedures for all components of the dewatering system
I. Contingency planning to address the following:

J. Adverse off-site influences such as significantly dewatered neighboring wells, settlement of surface or subsurface structures, or problems associated with the discharged water.

K. Provision to provide potable water (and fire protection if warranted) to residents and businesses in the event dewatering operations are adequately demonstrated to have interrupted supply or delivery of potable water to facilities, homes, structures, etc. Potable water shall be provided immediately upon identification of impacts. 352
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L. Revisions to dewatering operations such that construction can continue if it is found that the initial dewatering efforts are inducing a deleterious effect in the immediate area and an alternative is required.

M. Discharge management, specifically with respect to quality, in the event the water to be discharged does not meet regulatory requirements for quality.

22.03 CONTRACTOR QUALIFICATIONS
The contractor shall be or employ a specialty dewatering Contractor with experience in the field of dewatering system design, installation, operation, and maintenance.

22.04 OPERATIONAL MONITORING AND REPORTING
Through the course of the project the Contractor shall prepare and submit monthly reports to the City regarding the following:

A. Provide installation records of all components of the dewatering systems proposed in the WCP including drawings showing the locations of each dewatering component installed as well as coordinates and elevations of all monitoring, recharge, and dewatering wells or other subsurface groundwater collection systems.

B. Quantity and quality of discharged water being generated by the dewatering operations.

Discussions of deviations in water quality and the need or use of “discharge management” should also be discussed. Furthermore, discussion of the discharge volume, rate of groundwater decline to target dewatering elevation, and potential deviations from the planned arrangement and operation of the dewatering system should be discussed.

C. Elevation monitoring of wells, surface and subsurface structures, and other facilities should be reported. Discussions of areas of change should be presented.

D. Status of preparatory monitoring (see above) for areas not currently being dewatered, but that are scheduled for dewatering.

E. Brief, focused reports for subsequent submission to either regulatory or oversight agencies involved with the dewatering and construction project.

F. Complaint logs which list the names, contact information, issue, date and nature of response.

22.05 PUBLIC OUTREACH
The Contractor shall conduct routine “outreach” meetings in conjunction with the City construction inspection division, to address the concerns of residents and landowners adjoining the planned dewatering areas. A Contractor representative shall be identified and a “hotline” or other direct form of communication shall be provided. A meeting of this type should be considered as a contingency plan in the event that some adverse reaction is detected that could be specifically attributed to the dewatering operations.

22.06 POST-DEWATERING MONITORING
A. The Contractor shall describe post-dewatering monitoring relative to observations of rebounding groundwater elevations, changes in groundwater quality, and changes in surface and subsurface structure elevations.
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B. The Contractor shall conduct follow-up assessments of structures previously identified as damaged, distressed, or in a condition of disrepair. This should include photographs and a discussion of apparent changes in the state of the facility following the conclusion of dewatering operations.

C. Consideration shall be given to collecting a representative number of groundwater samples from wells within the dewatering area for comparison to pre-dewatering chemical analysis.

22.07 POST-DEWATERING DEMOBILIZATION
The Contractor should provide a written plan to describe the reduction or removal of installed dewatering facilities, monitoring points, or related infrastructure.

22.06 MEASUREMENT AND PAYMENT
Payment for dewatering and dewatering water control plan shall be included as incidental in the price for other items.
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SECTION 23

CRASH CUSHION

23.01 DESCRIPTION
This work shall include the furnishing of all labor, materials, tools, equipment and incidentals to install crash cushions in accordance with the approved plans, these specifications and the City Standard Details.

23.02 MATERIALS AND INSTALLATION
Crash cushion type shall be as specified in the plans or approved equal.

Crash cushion shall meet Manual for Assessing Safety Hardware (MASH) Test Level 3 standards and be capable of shielding a 24” wide barrier.

Crash cushion shall be installed per manufacturer’s instructions. 355
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SECTION 24

VEGETATION CONTROL

24.01 DESCRIPTION
This work shall include the furnishing of all labor, materials, tools, equipment and incidentals to install vegetation control around railing and barrier posts.

24.02 SUBMITTALS
Submit a mix design for the minor concrete to be used for vegetation control. The mix design must show proportions of:

1. Coarse aggregate

2. Fine aggregate

3. Cementitious material

4. Reinforcing fiber

5. Water
Include compressive strength test results with the mix design.

Submit a certificate of compliance for the crumb rubber aggregate, if used. Include the quantity in pounds of crumb rubber.

24.03 MATERIALS
A. Concrete
Concrete for vegetation control must comply with the specifications for minor concrete, except the concrete:

1. Must include reinforcing fibers

2. May include crumb rubber aggregate

3. Must contain:

3.1. At least 505 pounds of cementitious material per cubic yard, if crumb rubber aggregate is used

3.2. At least 400 pounds of cementitious material per cubic yard, if crumb rubber aggregate is not used

4. Must have a maximum aggregate size of 3/8 inch
All ingredients must be added at the concrete plant before delivery to the job site.

You may use volumetric proportioning complying with ASTM C685/C685M or as specified.

The minor concrete must have a 28-day compressive strength from 1,400 to 2,500 psi. 357
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B. Crumb Rubber Aggregate
Crumb rubber aggregate must consist of ground or granulated scrap tire rubber from automobile and truck tires. Do not use tire buffings.

Crumb rubber aggregate must be ground and granulated at ambient temperature.

The crumb rubber aggregate gradation must comply with the requirements shown in the following table:

Gradation Requirements
Sieve Size Percent passing
1/2” 100
3/8” 90-100
1/4” 35-45
No. 4 5-15
No. 8 0-5
No. 16 0
Crumb rubber aggregate must not contain more than 0.01 percent of wire by mass and must be free of oils and volatile organic compounds.

Do not commingle crumb rubber from different sources.

The crumb rubber aggregate must be 3.5 ± 0.5 percent by weight of the concrete.

C. Reinforcing Fibers
Reinforcing fibers for minor concrete must be:

1. Manufactured specifically for use as concrete reinforcement from one of the following:

1.1. Polypropylene, polyethylene, or a combination of both.

1.2. Copolymer of polypropylene and polyethylene.

2. Blended ratio from 4 to 5.67 parts by weight of macro synthetic fibers to 1 part by weight of micro synthetic fibers. Synthetic fibers must be:

2.1. Nonfibrillated macro fibers with individual fiber lengths less than 2 ± 1/2 inches.

2.2. Fibrillated or monofilament micro fibers of various lengths and thicknesses.

3. Supplied in sealed, degradable bags of appropriate size for adding whole bags to concrete batches.

4. From a commercial source.

The reinforcing fiber content of the minor concrete must be from 5 to 6 lb/cu yd.

D. Block-Out Material
The block-out material must be a commercially available expanded polystyrene foam with a compressive strength of 13 ± 5 psi at 10 percent deformation when tested under ASTM D1621.
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If authorized, you may substitute an alternative block-out material that complies with the compressive strength requirements of the expanded polystyrene foam.

E. Backfill Material
Backfill material must be Class 2 aggregate base complying with State Standard Specification Section 26.

24.04 CONSTRUCTION
A. Clearing
Clear areas to receive vegetation control of vegetation, trash, and debris. Dispose of the removed material.

B. Earthwork
Excavate or backfill areas to receive vegetation control.

If the vegetation control abuts the existing surfacing and the edge of the existing surfacing is not on a neat line, cut the surfacing on a neat line to a minimum depth of 2 inches before removing the surfacing.

Perform grading so that the finished elevation of the vegetation control maintains the existing or planned flow lines, slope gradients, contours, and existing surfacing.

Grade the areas to receive vegetation control to a smooth, uniform surface and compact to a relative compaction of at least 90 percent.

C. Block Outs
For block-out material supplied in more than 1 piece, tape the pieces together to make a smooth surface on the top and sides.

Ensure that the block-out material does not move during concrete placement.

D. Forming
Forming must comply with section 73-1.03C.

Leave forms in place for at least 12 hours after surface finishing.

E. Minor Concrete
Strike off and compact the minor concrete until a layer of mortar is brought to the surface. Match the finished grade to the adjacent section of vegetation control, pavement, shoulder, or existing grade. Construct contraction joints by scoring concrete with a grooving tool and rounding corners with an edger tool.

F. Backfill Material
Backfill material required for vegetation control under existing guardrail or barrier is change order work.

Excavate or backfill areas to receive vegetation control. 359
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SECTION 25

LANE CLOSURE
This work shall conform to Section 12, “Temporary Traffic Control” of the State Standard Specifications for all ramp and lane closures within State right of way. Section 12 shall be revised as follows:

Add to the beginning of section 12-3.32C:

Place PCMSs in advance of the 1st warning sign for each:

1. Stationary lane closure

2. Ramp closure
Add between the 9th and 10th paragraphs of section 12-3.32C:

Start displaying the message on the sign 15 minutes before closing the lane or shoulder or when directed by the Engineer.

Add to section 12-4.02A(2):
special days:

Sutter Health Park River Cats Games and other Special Events: Lane closure and ramp closures may be restricted due to special events. The Contractor shall coordinate with the City on all River Cat Games and other Special Events before closing lanes or ramps.

Add to the end of section 12-4.02C(1):

Keep the full width of the traveled way open to traffic on designated holidays, special days and when no active construction activities are occurring in the traveled way or within 6 feet of the traveled way.

Add to section 12-4.02C(2)(a):

The Contractor is required to complete LCS training prior to any lane closures in State right of way. The Caltrans Area Construction Engineer will approve the Contractor’s use of LCS and will provide LCS account login information for the Contractor. The Caltrans Area Construction Engineer contact information is:

Jeffrey Hamm
2777 Del Monte St
Sacramento, CA 95691
(916) 508-3716
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Replace Reserved in section 12-4.02C(3)(f) with:

Closure restrictions for designated holidays and special days are shown in the following table:

Lane Closure Restrictions For Designated Holidays And Special Days Thu Fri Sat Sun Mon Tues Wed Thu Fri Sat Sun Mon
x
H
xx xx xx
SD
xx
x xx
H
xx xx
SD
xx
x xx
H
xx xx
SD
xx
x xx xx
H
xx xxx
x xx xx
SD
xx xxx
x
H
xx
x
SD
xx
x
H
xx
SD
xx
x
H
xx xx xx xx
SD
xx
Legend:

Refer to lane requirement charts.
x The full width of the traveled way must be open for use by traffic after 0600 hrs. xx The full width of the traveled way must be open for use by traffic. xxx The full width of the traveled way must be open for use by traffic until 1900 hrs.

H Designated holiday
SD Special day
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Replace Reserved in section 12-4.02C(3)(j) with:

Comply with the requirements for the complete ramp closure shown in the following chart:

Chart No. J1
Complete Ramp Closure
County: Yolo Route/Direction: 50 EB Post Mile: 2.8 / 3.2 Closure limits: EB On-Ramp
Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mon–Thu C C C C C C C
Fri C C C C C C C
Sat C C C C C C C C
Sun C C C C C C C C C C
Legend:

C Ramp may be closed completely.

No work is allowed.

REMARKS:

1. When a ramp is closed, a motorist information plan (MIP) must be available and in place directing public traffic at the preceding ramp or at the following ramp.

2. Refer to Specifications on Special Days for Special Day Restrictions. 363
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Chart No. J2
Complete Ramp Closure
County: Yolo Route/Direction: 50 WB Post Mile: 2.8 / 3.2 Closure limits: WB Off-Ramp
Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mon–Thu C C C C C C C C
Fri C C C C C C C
Sat C C C C C C C C C
Sun C C C C C C C C C C C
Legend:

C Ramp may be closed completely.

No work is allowed.

REMARKS:

1. When a ramp is closed, a motorist information plan (MIP) must be available and in place directing public traffic at the preceding ramp or at the following ramp.

2. Refer to Specifications on Special Days for Special Day Restrictions. 364
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Chart No. J3
Complete Ramp Closure
County: Yolo Route/Direction: 50 EB Post Mile: 2.8 / 3.2 Closure limits: EB On-Ramp
Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mon–Thu C C C C C C C C C C C C C C C C C C C C C C C C Fri C C C C C C C C C C C C C C C C C C C C C C C C
Sat C C C C C C C C C C C C C C C C C C C C C C C C
Sun C C C C C C C C C C C C C C C C C C C C C C C C
Legend:

C Ramp may be closed completely.

No work is allowed.

REMARKS:

1. When a ramp is closed, a motorist information plan (MIP) must be available and in place directing public traffic at the preceding ramp or at the following ramp.

2. This chart may be used for one 24/7 closure of the EB On-Ramp for a maximum of 10 days.

3. Refer to Specifications on Special Days for Special Day Restrictions.

Add to the end of section 12-4.02C(8)(a):

If shoulders are closed at Ramp, use the following advance warning signs:

1. W21-5 (Shoulder Work)

2. W21-5b (Right/Left Shoulder Closed Ahead)

3. C30A(CA) (Shoulder Closed)
Replace the paragraphs of section 12-4.02C(8)(b) with:

If a ramp or connector closure is allowed, post a special advance notice publicity sign, SP-1, at an authorized location at least 7 days before the ramp or connector closure.

If an off-ramp is allowed to be closed, install an SP-3 or SP-5 sign for the exit ramp closure.

Place the sign on the right shoulder of the freeway upstream of the preceding off-ramp.

Add between the 1st and 2nd paragraphs of section 12-4.04C:

A pedestrian facility closure on the same side of the highway is limited to no more than 1 block.

When working on one side of the highway, the pedestrian facility on opposite side of the highway within the same block must be open.

Concurrent pedestrian facility closures on the same side of the highway must be spaced at least 2 blocks apart.
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For an intersection with 4 quadrants, close the side serving the 2 quadrants in the same direction of travel.

Provide a temporary pedestrian access route if all 4 intersection quadrants are required to be closed for construction.

Provide and maintain temporary lighting for the temporary pedestrian access route. 366
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SECTION 26

JOINT TRENCH

26.01 DESCRIPTION
This work shall include the furnishing of all labor, materials, tools, equipment and incidentals to construct joint trench.

26.02 CONSTRUCTION
The work shall be performed in accordance with the construction plans, except as modified by these Technical Specifications.

Nothing contained or omitted from the construction plans shall relieve the Contractor of their responsibility to provide for a complete system that is acceptable to the utility. Contractor must be familiar with all utility specifications and construction practices.

The utility inspectors will have the final say as to their area of responsibility.

The Contractor is responsible for any re-inspection fees necessitated by their work.

The Contractor is responsible for scheduling inspections and coordinating with utility owners for installation of and connection of new facilities.

A. Preconstruction Meeting
The Contractor shall schedule a pre-construction meeting with all affected utilities. Each utility shall be notified at least forty-eight (48) hours in advance of the pre-construction meeting. Contact information for each utility is listed on the construction plans.

All field installation is at the full discretion of the PG&E, AT&T, Consolidated Communications and Wave inspectors onsite. Any plans or details provided by the utility at the pre-construction meeting shall supersede the construction plans.

Notification times and anticipated utility schedules should be determined at or prior to the pre-construction meeting. Contractor to submit inspection and installation schedule that is verified by utility owners prior to commencement of construction.

B. PG&E

1. The Contractor shall adhere to all current 2021 PG&E gas installation standards.

The current 2020-2021 PG&E Electric and Gas Service Requirements (Greenbook) is available online at
https://www.pge.com/en_US/large-business/services/building-andrenovation/greenbook-manual-online/greenbook-manual-online.page Hard copies are available from the local PG&E office and PG&E site inspector assigned to the project.

2. The Contractor shall review the Electrical Distribution System sheet for accuracy prior to ordering and installing PG&E electrical equipment. 367
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3. PG&E will require up to 5 weeks to write clearance for any gas main tie-in.

Contract fees much be paid prior to scheduling the PG&E gas tie-in.

4. Right of way, public utility easement, DW, and SL stakes are required for PG&E inspection. The Contractor to coordinate with staking contractor for the desired locations and offsets prior to excavation.

5. PG&E working space clearances surrounding substructure and pad mount facilities are to be met. The Contractor shall coordinate with PG&E inspectors prior to excavation and placement of any facility.

6. Contractor shall guarantee that all trench material and trench workmanship shall be satisfactory for a period of two (2) years from the date of final acceptance by PG&E.

C. AT&T

1. The Contractor shall install all AT&T vaults parallel to the sidewalk.

AT&T approved hole-liner conduits are to enter and exit the end walls of the vault only. Coordinate with AT&T inspector prior to installation.

2. AT&T working space clearances surrounding substructure and pad mount facilities are to be met. The Contractor shall coordinate with AT&T inspectors prior to excavation and placement of any facility.

3. As-built to be provided to AT&T once conduit/vault system is installed and roped with wall to wall measurements. AT&T inspection required prior to excavation and backfill of all AT&T facilities.

4. AT&T may require three (3) months to relocate overhead fiber optic after completion of the joint trench on Fifth Street.

D. Wave
Wave is responsible for installing their own conduit and vaults within the Contractor provided joint trenches and notches. The Contractor shall coordinate with Wave for timing of installation.

The Contractor shall oversee Wave field crew installation, confirming conduits are stubbed to future extension and vaults are set clear of any future driveways. 368
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SECTION 27

CONCRETE STRUCTURES
Add to the end of section 51-1.02B of the State Standard Specifications:

Structural concrete in contact with the ground must meet the concrete and reinforcing steel requirements of American Concrete Institute ACI-318-14 (Building Code Requirements for Structural Concrete) for Exposure Class S0 (Sulfates) and Exposure Class C1 (Chlorides). 369
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SECTION 28

CONCRETE PAVEMENT
Add to Section 40 of the State Standard Specifications:

Concrete shall have a minimum 28-day compressive strength of 5,000 psi and a minimum Modulus of Rupture of 550 psi.

Add to Section 40 of the State Standard Specifications:

The City will accept a test method for coefficient of friction other than the California Test 342 with approval from the Engineer. Request approval from the Engineer for an alternative test method a minimum seven (7) days prior to testing. An alternative test method shall meet ASTM standards for coefficient of friction testing.
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SECTION 29

RELOCATE UTILITY VAULT

29.01 DESCRIPTION
This work shall include the furnishing of all labor, materials, tools, equipment and incidentals to relocate a City communications vault.

29.02 CONSTRUCTION
The work shall be performed in accordance with the construction plans and Sections 86 and 87 of the State Standard Specifications except as modified by these Technical Specifications.

A minimum of six inches of ¾ inch rock shall be placed under each vault. All vaults shall be inspected and approved prior to pulling or reconnecting any conductors.

If cutting and/or disconnecting any cables are required, coordinate with City prior to work.

Reconnect/splice cables within 24 hours of cutting/disconnecting unless otherwise required by the City.

Adjust conduits as necessary to reconnect to the vault.

Contractor shall take precautions to prevent damaging the vault, conduits, and cables. Cost to repair damages outside of work necessary to relocate the vault shall be paid for by the Contractor.
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SECTION 30

DRAINAGE INLET FILTER

30.01 DESCRIPTION
This work shall include the furnishing of all labor, materials, tools, equipment and incidentals to furnish and install a drainage inlet filter.

30.02 MATERIALS
Drainage inlet filter shall be either:

1. Made of a porous concrete material designed to fit inside the inlet below the gutter flow line.

2. A permanent sediment filter bag with stainless steel frame, such as ADS FlexStorm Pure inlet filter or approved equal. Filter shall be rated for 90 percent or greater removal of Total Suspended Solids.

Contractor shall submit filter specifications to the City Engineer for approval prior to installation.

30.03 CONSTRUCTION
The work shall be performed in accordance with the manufacturer’s instructions, the construction plans, and Section 13 of the State Standard Specifications except as modified by these Technical Specifications.

Filter shall be installed upon completion of drainage inlet installation/construction. 375
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Appendix
Riverfront Street Extension Page | 7-1
PART 8 APPENDIX (BOUND

SEPARATELY)
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Contract Drawings
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PART 9 CONTRACT DRAWINGS
(BOUND SEPARATELY)
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Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 2
381

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 17, 2023 ITEM # 9
SUBJECT:

CONSIDERATION OF SECOND READING AND ADOPTION OF
ORDINANCE 23-4 PERTAINING TO AN AMENDMENT TO THE TERM OF

THE YARBROUGH DEVELOPMENT AGREEMENT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
David W. Tilley, Principal Planner
Daniel Berumen, AICP, Senior Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is for City Council to adopt Ordinance 23-4 to effectuate an amendment to the term of the existing Yarbrough Development Agreement between ASB Southport II LLC. and the City of West Sacramento.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the action does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines; and
2) Waive the second reading and adopt Ordinance 23-4 amending the term of the Yarbrough Development Agreement between ASB Southport II LLC. and the City of West Sacramento.

BACKGROUND
The Yarbrough project area is comprised of approximately 711 acres of undeveloped land in the southwestern part of Southport (see Attachment 1, Yarbrough Location Map). In 2006, the Yarbrough landowner submitted development plans to convert the undeveloped parcels to a residential village which would include 3,000 residential units, a village core with commercial and mixed land uses, and extensive open space, including a

55.9-acre interconnected lake park and canal system. Implementation of the plan required amendments to the General Plan, Zoning Map, Southport Framework Plan Land Use Diagram, a consistency finding with Resolution 06-63, and a development agreement (DA) with a 15-year term (see Attachment 2, Yarbrough DA). The project was approved by the City Council in June 2008 and an Environmental Impact Report (EIR) was certified to satisfy requirements of the California Environmental Quality Act (CEQA).

The site is currently used for agricultural production (dry land farming). Existing structures include two residences and an abandoned residence (proposed for demolition as part of the project), and a sewer pump station (Largo Pump Station) adjacent to Southport Parkway. An 8-inch gas transmission line runs underground within the rights-of-way of Burrows Road and Jefferson Boulevard south of Burrows Road. The Reclamation District (RD) 900 Main Drainage Canal (Main Drain), which serves as the primary irrigation/drainage conveyance facility, flows through the project site south and west and eventually into the Deep-Water Shipping Channel. Agricultural lands in the unincorporated area of Yolo County lie south of the city limits. Jefferson Boulevard traverses the site northeasterly/southwesterly.

In order to allow the project to proceed, the landowner is required to submit tentative subdivision maps dividing the property into residential, commercial, open space, recreational, and other lots. The tentative subdivision maps would be subject to review by the City’s Planning Commission. The City Council ministerially approves the final maps after all conditions of each tentative map have been met. No tentative maps or other project authorizations were issued since the EIR was certified in 2008. To date, the landowner has completed agricultural land mitigation and biological mitigation through the Yolo County Habitat Conservation Plan. All other applicable mitigation measures remain in place. The landowner anticipates proceeding with developing the Yarbrough project consistent with plans approved in 2008.

On March 16, 2023, the Planning Commission voted 4-1 recommending that the City Council approve the proposed First Amendment to the Development Agreement (see Attachment 3, Planning Commission Resolution 382
2 nd Reading and Adoption of Yarbrough DA Amendment
May 17, 2023

23-1PC). On April 19, 2023, the first reading of the amendment to the Development Agreement with Yarbrough (see Attachment 4, Ordinance 23-4) went before City Council for consideration at a public hearing. There were no questions from the City Council and no public comments were submitted on this item. The City Council voted to unanimously approve the first reading of the item.

ANALYSIS
Over the course of the previous several years, development of the project has been delayed for a variety of reasons, including disruptions to work schedules and supply chain interruptions caused by the COVID-19 pandemic along with City projects designed for flood mitigation. During this period, the developer has made efforts to advance the project where feasible. The developer's efforts have included working with City staff to complete the DA’s provisions to adjust the project to the mutual benefit of all parties, payment of fees, etc.

However, because of these delays, the Developer and the City wish to amend the DA for a term extension to enable the parties to evaluate the project’s status, determine if any changes to the project are necessary to best serve the respective needs of the parties, and to consider the timeline of the project going forward. The project materials are on the City’s website at Yarbrough Master Plan | City of West Sacramento.

The DA expires on July 18, 2023. The proposed DA Amendment would extend the existing DA’s term for a oneyear period, with an additional one-year extension based on the City Manager’s discretion, setting the new expiration date as July 18, 2025. If approved by the City Council, the extension will provide the developer and staff with time to complete the fiscal analysis of the project, evaluate the certified EIR, and the final map.

The action is consistent with Land Use (LU) Goal LU-3.11 in the City of West Sacramento’s General Plan 2035, Southport Development, which is guided by the following principles:
 Concentrate community commercial, high-density residential and public facilities uses in nodes along major and minor arterials.
 Allow the development of water-dependent recreational and commercial uses along the waterways in Southport.
 Emphasize a mixture of residential types and densities, while concentrating on homeownership as a general goal.
 Ensure that ample buffers are established between incompatible land uses.  Consider the use of Transfer of Development Rights (TDR) provisions to provide for an equitable distribution of the economic returns from future development for all property owners in the Southport area.

Environmental Considerations
Staff has determined that the action does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines. The City is reviewing the approved Environmental Impact Report (EIR) to ensure that it is updated to reflect current CEQA guidelines with respect to future discretionary decisions on the project.

Commission Recommendation
The DA amendment was recommended for approval by the Planning Commission on March 16, 2023.

Strategic Plan Integration
Not applicable.

Alternatives
The Council’s primary alternative is to vote to not approve the amendment to DA for an extension of time on the Yarbrough Project. This would mean that the DA would likely expire. Although staff does not recommend this alternative, staff is prepared to effectuate this alternative upon the Council’s direction.

Coordination and Review
The content of this report has been coordinated with staff from the Community Development Department and the City Attorney’s Office.

Budget/Cost Impact
The landowner is paying for all staff and City Attorney costs via a monetary deposit and reimbursement agreement.
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2 nd Reading and Adoption of Yarbrough DA Amendment
May 17, 2023

ATTACHMENT(S)
1) Yarbrough Location Map
2) Yarbrough Development Agreement
3) Planning Commission Resolution 23-1PC
4) Ordinance 23-4
384
Attachment1
385

873763.17

OFFICIAL BUSINESS
Document entitled to free recording
Government Code Section 6103

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Attn: City Clerk
____________________________________________________________________________ (SPACE ABOVE THIS LINE RESERVED FOR
RECORDER’S USE)

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF WEST SACRAMENTO
AND

ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS LANDOWNERS

RELATIVE TO YARBROUGH
386

TABLE OF CONTENTS
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873763.17
RECITALS ................................................................................................................................ 1

1. AUTHORIZATION .............................................................................................. 1

2. PUBLIC HEARING ............................................................................................. 1

3. ENVIRONMENTAL REVIEW ............................................................................. 1

4. NEED FOR SERVICES AND FACILITIES ......................................................... 1

5. CONTRIBUTION TO COSTS OF FACILITIES AND SERVICES ........................ 1

6. PUBLIC BENEFITS ........................................................................................... 2

7. LANDOWNER ASSURANCES .......................................................................... 2

8. CONSISTENCY WITH GENERAL PLAN AND SOUTHPORT
FRAMEWORK PLAN ......................................................................................... 2 DEFINITIONS ........................................................................................................................... 2

1. DEFINITIONS .................................................................................................... 2

1.1. Adopting Ordinance ................................................................................ 2

1.2. Agreement .............................................................................................. 3

1.3. CEQA ..................................................................................................... 3

1.4. City ......................................................................................................... 3

1.5. City Manager .......................................................................................... 3

1.6. Clubhouse .............................................................................................. 3

1.7. Collective Standards .............................................................................. 3

1.8. Designated Trail System ........................................................................ 3

1.9. Development Agreement Law ................................................................ 3

1.10. Effective Date ......................................................................................... 3

1.11. EIR ......................................................................................................... 4

1.12. Existing Land Use Regulations ............................................................... 4

1.13. Existing Plus Approved ........................................................................... 4

1.14. Fee ......................................................................................................... 4

1.15. General Plan .......................................................................................... 4

1.16. Grand Meadow ....................................................................................... 4

1.17. Improvement ......................................................................................... 4

1.18. Infrastructure .......................................................................................... 4

1.19. Lake Park ............................................................................................... 4 387

TABLE OF CONTENTS
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1.20. Landowner ............................................................................................. 5

1.21. Law ........................................................................................................ 5

1.22. Master Affordable Housing Agreement ................................................... 5

1.23. Mitigation Measures ............................................................................... 5

1.24. Mitigation Monitoring and Reporting Program ......................................... 5

1.25. Neighborhood Park ................................................................................ 5

1.26. Non-Project Specific ............................................................................... 5

1.27. Not a Part Lands .................................................................................... 5

1.28. Planning Commission ............................................................................. 5

1.29. Pocket Park ............................................................................................ 5

1.30. Project .................................................................................................... 5

1.31. Project Approvals ................................................................................... 6

1.32. Property.................................................................................................. 6

1.33. Pro Shop ................................................................................................ 6

1.34. Public Works and Community Development Director or Director ............ 6

1.35. Reserved Powers ................................................................................... 6

1.36. Southport Area ....................................................................................... 6

1.37. Southport Framework Plan ..................................................................... 6

1.38. Successor or Successor in Interest ........................................................ 7

1.39. Vested Right ........................................................................................... 7

1.40. Yarbrough Design Guidelines ................................................................. 7

1.41. Yarbrough Inclusionary Units .................................................................. 7 AGREEMENT ........................................................................................................................... 7

1. Incorporation of Recitals .................................................................................... 7

2. Description of Property....................................................................................... 7

3. Relationship of City and Landowner ................................................................... 7

4. Representations, Warranties and Acknowledgments ......................................... 7

4.1 Title to Property ...................................................................................... 8

4.2 Authority ................................................................................................. 8

4.3 Brokers ................................................................................................... 8

4.4 Procedures and Requirements ............................................................... 8 388

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5. Effective Date and Term .................................................................................... 8

5.1 Effective Date ......................................................................................... 8

5.2 Term ....................................................................................................... 8

5.3 Automatic Termination Upon Completion and Sale of Individual Lots ........................................................................................................ 8

5.4 Termination by Mutual Consent .............................................................. 9

5.5 Effect of Termination .............................................................................. 9

6. Project Approvals and Vested Rights ................................................................. 9

6.1 Project Approvals ................................................................................... 9

6.2 Reserved Powers Relating to Project Entitlements and Approvals ......... 9

6.3 Meet and Confer ....................................................................................11

6.4 Further Reviews ....................................................................................11

6.5 Referendum ..........................................................................................11

7. Subdivision Maps ..............................................................................................11

7.1 Term of Tentative Subdivision Maps ......................................................11

7.2 Vesting Tentative Maps .........................................................................11

8. Applicable Rules, Regulations, Fees and Official Policies .................................12

8.1 Rules Regarding Design and Construction ............................................12

8.2 Uniform Codes Applicable .....................................................................12

8.3 Fees, Dedications, Assessments and Taxes .........................................12

9. Payment and Performance Bonds ....................................................................13

10. Use of Property .................................................................................................13

10.1 Right to Develop ....................................................................................13

10.2 Permitted Uses ......................................................................................14

10.3 Design Guidelines .................................................................................14

11. Master Affordable Housing Agreement .............................................................14

12. Recreational Uses .............................................................................................15

12.1 Golf Course ...........................................................................................15

12.2 Parks .....................................................................................................15

13. Public Improvements ........................................................................................18

13.1 Drainage Master Plan and Drainage Impact Fee Study .........................18

13.2 Water Master Plan .................................................................................19 389

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13.3 Sewer Master Plan ................................................................................20

13.4 Traffic ....................................................................................................21

14. Phasing and Financing of Improvements and Infrastructure ..............................23

14.1 Phasing .................................................................................................23

14.2 Financing ...............................................................................................23

14.3 Reimbursement .....................................................................................24

15. Levee Improvements ........................................................................................24

16. Additional Obligations .......................................................................................25

16.1 Fire and Police ......................................................................................25

16.2 School Agreement .................................................................................25

16.3 Enhanced Transit System .....................................................................26

16.4 Traffic Reduction Plan ...........................................................................26

16.5 Evacuation and Emergency Management Plan .....................................26

17. Tower Court Fee Credits ...................................................................................27

18. Community Facilities District .............................................................................27

18.1 Financing ...............................................................................................27

18.2 Costs .....................................................................................................28

19. Service District for Maintenance ........................................................................28

19.1 Formation ..............................................................................................28

20. Home Owners Association ................................................................................28

21. Not a Part Lands ...............................................................................................28

22. Amendment or Cancellation ..............................................................................29

22.1 Amendment by Mutual Consent ............................................................29

22.2 Insubstantial Amendments ....................................................................29

22.3 Amendment of Project Approvals ..........................................................29

22.4 Limitation on Number of Units ...............................................................29

23. Rights and Duties of Mortgage Lenders in Possession of Property ...................29

24. Annual Review of Agreement ............................................................................30

24.1 Review Date ..........................................................................................30

24.2 Procedures ............................................................................................30

24.3 Fee for Annual Review ..........................................................................30 390

TABLE OF CONTENTS
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25. Default ..............................................................................................................30

25.1 Default ...................................................................................................30

25.2 Notice ....................................................................................................30

25.3 Cure ......................................................................................................30

25.4 Remedies ..............................................................................................30

25.5 Additional Procedures and Remedies ....................................................30

25.6 Building Permits ....................................................................................31

25.7 Waiver of Damages ...............................................................................31

25.8 Rescission .............................................................................................31

26. Insurance and Indemnity ...................................................................................31

26.1 Indemnification, Defense and Hold Harmless ........................................31

26.2 Insurance ..............................................................................................32

27. Binding Effect on Successors............................................................................32

27.1 Assignment ...........................................................................................32

27.2 Subsequent Assignments ......................................................................33

27.3 Runs with the Land ................................................................................33

28. Miscellaneous ...................................................................................................33

28.1 Prevailing Wages ..................................................................................33

28.2 Estoppel Certificate ...............................................................................33

28.3 Recordation ...........................................................................................33

28.4 Notices ..................................................................................................34

28.5 References to Municipal Code ...............................................................34

28.6 Third Party Beneficiaries .......................................................................34

28.7 Force Majeure .......................................................................................34

28.8 Bankruptcy ............................................................................................34

28.9 Attorneys’ Fees and Costs in Legal Actions By Parties to the Agreement .............................................................................................34

28.10 Attorneys’ Fees and Costs in Legal Actions By Third Parties to the Agreement .............................................................................................35

28.11 Liability of City Officials ..........................................................................35

28.12 Delegation .............................................................................................35

28.13 Severability ............................................................................................35 391

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28.14 Integration .............................................................................................35

28.15 Counterparts .........................................................................................35

28.16 Interpretation .........................................................................................35

28.17 Inconsistency ........................................................................................35

28.18 Incorporation .........................................................................................35

28.19 Compliance with Laws ...........................................................................35

28.20 Applicable Law and Venue ....................................................................35

28.21 Time of the Essence ..............................................................................35 392
1 873763.17

DEVELOPMENT AGREEMENT

RELATIVE TO YARBROUGH
This Yarbrough Development Agreement (“Agreement”) is made and entered into between the CITY OF WEST SACRAMENTO, a municipal corporation (“City”), and ASB Southport II LLC, a California limited liability company and the Billy G. and Louise Yarbrough Trust, a revocable family trust, (collectively, the “Landowner”). City and Landowner are hereinafter collectively referred to as the “Parties” and singularly as “Party.”

RECITALS

1. Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and any person having a legal or equitable interest in the real property to enter into a development agreement, establishing certain development rights in the Property, which is the subject of the development project application.

2. Public Hearing. The Planning Commission of the City of West Sacramento, serving as the City’s planning agency for purposes of development agreement review pursuant to Government Code section 65867, considered this Agreement and recommended approval of this Agreement to the City Council.

3. Environmental Review. The City Council certified as adequate and complete, the Environmental Impact Report (“EIR”) for the Project in Resolution 08-40. Mitigation Measures were identified in the EIR. The City Council has adopted Mitigation Measures, as reflected in the CEQA findings of fact adopted by the Council, and in the City’s Mitigation Monitoring and Reporting Program in City Resolution 08-4. The Mitigation Measures adopted by the City are incorporated into the Project and, in part, into the terms and conditions of this Agreement, as reflected by the CEQA findings of fact adopted by the City Council concurrently with this Agreement.

4. Need for Services and Facilities. Development of the Property will result in a need for municipal services and facilities, some of which will be provided by the City to the Project, subject to the performance of Landowner’s obligations hereunder.

5. Contribution to Costs of Facilities and Services. Landowner agrees to contribute to the costs of public facilities and services as required herein to mitigate impacts on the community of the development of the Property, and City agrees to provide such public facilities and services as required herein to assure that Landowner may proceed with and complete development of the Property in accordance with the terms of this Agreement. City and Landowner recognize and agree that, but for Landowner’s contributions to mitigate the impacts arising as a result of development entitlements granted pursuant to this Agreement, City would not and could not approve the development of the Property as provided by this Agreement and that, but for City’s covenant to provide certain facilities and services for development of the Property, Landowner would not and could not commit to provide the mitigation as provided by this Agreement. City’s vesting of the right to develop the Property, as provided herein, is in reliance upon and in consideration of Landowner’s agreement to make contributions towards 393
2 873763.17
the cost of public improvements as herein provided to mitigate the impacts of development of the Property as development occurs and as consistent with this Agreement.

6. Public Benefits. Development of the Project will result in significant public benefits, as more fully described hereinafter, including, without limitation:

6.1. Implementation of the development goals set forth in the Southport Framework Plan;

6.2. The provision of additional recreational opportunities and the enhancement of the appearance of the Southport area;

6.3. The provision of services within walking distance to development, as well as opportunities for employment;

6.4. The provision of a mixed-use development that is a logical extension of adjacent uses;

6.5. The furtherance of the goals and objectives of the City’s affordable housing plan.

7. Landowner Assurances. In exchange for the benefits to the City in the preceding Recitals, together with the other public benefits that will result from the development of the Property, Landowner will receive by this Agreement assurance that it may proceed with the Project in accordance with the Project Approvals, and therefore, desires to enter into this Agreement.

8. Consistency with General Plan and Southport Framework Plan. Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, in City Ordinance No. 08-4, the City found that this Agreement satisfies the Government Code section 65867.5 requirement of general plan consistency. The City has also found that this Agreement satisfies the project specific Southport Framework Plan, a planned development overlay, as more particularly described in City Ordinance No. 95-8.

NOW, THEREFORE, in consideration of the above Recitals and mutual promises, conditions and covenants of the Parties contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

DEFINITIONS

1. Definitions. In this Agreement, unless the context otherwise requires, terms have the following meaning. Capitalized terms within the Exhibits not defined below have the meaning set out in the Exhibits.

1.1. “Adopting Ordinance” means Ordinance Number 08-4, adopted by the City Council on June 18, 2008, which approves this Development Agreement as required by the Development Agreement Law.
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1.2. “Agreement” means this Development Agreement, inclusive of all exhibits attached hereto.

1.3. “CEQA” means the California Environmental Quality Act, as set forth at California Public Resources Code, Division 13, commencing at Section 21000 and the CEQA Guidelines as set forth in Title 14 of the California Code of Regulations commencing at Section 15000.

1.4. "City" means the City of West Sacramento, including its agents, officers, employees, representatives and elected and appointed officials.

1.5. "City Manager" means the City Manager of the City of West Sacramento, or his or her designee.

1.6. “Clubhouse” means the main building located at the village core. The Clubhouse is envisioned to be a two-story, approximately twenty-six thousand (26,000) square feet building containing a golf clubhouse with Pro Shop, administration offices, banquet facilities, restaurant, lounge area, and golf cart storage facility.

1.7. “Collective Standards” means: (i) the provisions of this Development Agreement; (ii) the Project Approvals; (iii) land use entitlement and approvals to the Project and the Property that may be granted following the Effective Date; and (iv) Existing Land Use Regulations, except to the extent that they are collectively or individually subject to Reserved Powers.

1.8. “Designated Trail System” means a recreational system that includes bicycle trails, pedestrian trails, equestrian trials, and an equestrian staging area.

1.9. “Development Agreement Law” means Government Code section 65864 et seq. and the procedures and requirements for the consideration of development agreements contained in City Resolution No. 88-111, as amended by City Council Resolution No. 96-62. In the event of a conflict, the requirements of Government Code section 65864 et seq. shall control.

1.10. “Effective Date” means that day on which the Adopting Ordinance shall be effective. The Adopting Ordinance shall be effective thirty (30) days after its adoption by the City Council, unless the Adopting Ordinance becomes subject to a qualified referendum, in which case, the Effective Date shall be the day after the referendum election, if the Adopting Ordinance is approved by a majority of the voters. Litigation filed to challenge the Adopting Ordinance or this Agreement shall not affect the Effective Date, absent a court order or judgment overturning or setting aside the Adopting Ordinance, or staying the Effective Date, or remanding the Adopting Ordinance to the City. Notwithstanding the foregoing, this Agreement shall not become effective until fully executed.

1.11. “EIR” means the Draft and Final Environmental Impact Report for the “Yarbrough General Plan Amendment and Rezoning Project,” including the Mitigation Measures and Mitigation Monitoring and Reporting Plan (State Clearinghouse No. 2005072101).

1.12. “Existing Land Use Regulations” means the ordinances, resolutions and regulations applicable to the Project, to the extent they govern the permitted uses of land, and the density and intensity of land use, as set forth in the following plans and ordinances as they exist on the Effective Date:
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(i) The West Sacramento General Plan;
(ii) The Southport Framework Plan; and
(iii) The West Sacramento Zoning Code.

1.13. “Existing Plus Approved” means residential development identified in the City’s traffic model base updated in January 2008 and includes existing residential units and residential tentative maps which were approved as of December 31, 2007. A copy of the updated traffic model base is on file with the City.

1.14. “Fee” means all charges, expenses, costs, monetary exactions and any other monetary obligations imposed on Landowner by the City, other than assessments or regular or special taxes, and shall not be limited to fees paid pursuant to this Agreement. (The term "fee" need not be capitalized in this Agreement.)

1.15. “General Plan” means the General Plan of the City including the text and maps, as approved by the City in 2004, plus any other General Plan amendments approved by the City on or before the Effective Date.

1.16. “Grand Meadow” means a small meadow area, approximately two (2) to three (3) acres in area, that provides a place for concerts, festivals, and larger people-gathering events.

Typical elements include a lawn area, sitting areas, and plaza.

1.17. “Improvement” means any on-site or off-site conveyance, grant or dedication of property or property rights, non-monetary exaction, construction and/or installation of a work of public improvement, street, facility, utility, park facility or recreational amenity which is to be transferred to the City, or any other contribution of property (other than fees), imposed on Landowner by the City.

1.18. “Infrastructure” means the basic facilities, services, and installations needed for the functioning of the Improvements, the golf course and park facilities. (The term “infrastructure” need not be capitalized in this Agreement.)

1.19. “Lake Park” means a linear park that allows access to the lake water edge while connecting with a series of day use recreation nodes and landscape features with a Designated Trail System. Typical elements include par courses, small plazas with lake overlooks, informal tree groves, accent plantings, rock outcroppings, a village green, a boat ramp, and the Grand Meadow. A figure showing the general location of the Lake Park is attached hereto at Exhibit D and incorporated herein by reference.

1.20. “Landowner” means, collectively, ASB II LLC, a California limited liability company and the Billy G. and Louise Yarbrough Trust, a revocable family trust, together with any successors in interest approved by the City pursuant to this Agreement.

1.21. “Law” means the case law, ordinances, statutes, rules, regulations, or any order, decree or directive of any court or any local, regional, state or federal government agency, unless the context suggests a different meaning.
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1.22. “Master Affordable Housing Agreement” means the document between the City and Landowner that will govern the development, construction, sale and resale of the Yarbrough Inclusionary Units and will ensure compliance with the requirements of Chapter 15.40 of the City’s Municipal Code, to the extent that those requirements do not conflict with Exhibit F. The Master Affordable Housing Agreement is more particularly described in Section 11 and Exhibit F of this Agreement.

1.23. “Mitigation Measures” means the mitigation measures recommended in the EIR as modified or adopted by the City Council.

1.24. “Mitigation Monitoring and Reporting Program” means the plan for implementation of the Mitigation Measures, identified in the EIR, and adopted by the City Council.

1.25. “Neighborhood Park” means a five (5) acre park that serves the informal, daily recreation needs of nearby residents in a neighborhood. An example of an existing neighborhood park is Elkhorn Park, located in the City.

1.26. “Non-Project Specific” means rules, regulations, or laws adopted by the City that, while not applicable City-wide, apply uniformly to all properties that are similarly situated, whether by geographic location or other distinguishing circumstances.

1.27. “Not a Part Lands” means approximately 45.8 acres of land that is located in the south-central area of the Property, as shown on Figure 2-3 of the EIR and labeled “N.A.P.” The Not a Part Lands are generally surrounded by, but are not a part of, the Property.

1.28. “Planning Commission” means the City of West Sacramento Planning Commission.

1.29. “Pocket Park” means a small recreation area, tot lot or sitting area that serves the daily recreational needs of nearby residents and that is generally less than four (4) acres in area. These areas typically include children’s play areas, sitting areas, and limited green space, but not formal play fields. An example of an existing Pocket Park is Redwood Park, located in the City.

1.30. "Project" means the physical development of the Property as described in the project description in the EIR, and as supplemented by the provisions of this Agreement, including Exhibit C. The Project consists of the development of a seven hundred and eleven (711) acre mixed use project containing three thousand and four (3,004) residential units, to be located on the Property.

1.31. “Project Approvals” means the entitlements that are the subject of this Agreement, consisting of the following land use approvals:
(i) The EIR.
(ii) This Development Agreement (DA 07-01), as adopted on June 18, 2008 by City Ordinance No. 08-4 (the “Adopting Ordinance”).
(iii) A General Plan Amendment (GPA 04-02), by City Resolution No. 08-3. 397
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(iv) A Southport Framework Plan Amendment by City Ordinance No. 08-11. (v) A Rezone, by City Ordinance No. 08-3.
(vi) The Yarbrough Design Guidelines, incorporated into the Southport Framework Plan Amendment, in Ordinance 08-11.
(vii) Additions to the Traffic Impact Fee Study, reflected in Exhibit I, and adopted by City Resolution 08-41.

1.32. “Property” means that certain real property consisting of approximately seven hundred and eleven (711) acres in the City of West Sacramento, County of Yolo, as more particularly described in Exhibit A and depicted in Exhibit B, attached hereto.

1.33. “Pro Shop” means a shop located at the golf course where green fees are paid, tee times are reserved, and golf merchandise is offered for sale or rent.

1.34. “Public Works and Community Development Director” or “Director” means the Public Works and Community Development Director of the City of West Sacramento, or his or her designee.

1.35. “Reserved Powers” means those powers explicitly reserved to the City by this Agreement pursuant to Section 6.2 of this Agreement.

1.36. “Southport Area” means that area of land located in the southern portion of the City and generally bound by the Deep Water Ship Channel on the north and west, the Sacramento River on the east and current City limits on the south.

1.37. “Southport Framework Plan” means that certain document adopted by the City in May 1995, together with any amendments as approved by the City on or before the Effective Date of this Agreement. The Southport Framework Plan is the development master plan for the Southport Area. The Southport Framework Plan is intended to be a refinement of the City’s General Plan and is intended to establish the foundation for a village-oriented, mixed use development. The Southport Framework Plan includes the Land Use Map, Design Guidelines, and Implementation Plan.

1.38. “Successor” or “Successor in Interest” means any subsequent owner that acquires all or any portion of the Property. This term shall not include private parties that acquire recorded residential lots that have been developed with residential dwellings within the Property. This term shall also mean any assignee under the form of assignment attached hereto as Exhibit N (i.e., any recognized successor in interest under this Agreement), and any subsequent assignee.

1.39. “Vested Right” means the right to proceed with the development of the Project in accordance with the terms of the Collective Standards, which Collective Standards may not be amended, modified or changed by the City except as provided by this Agreement. (The term "vested right" shall not be capitalized in this Agreement.)

1.40. “Yarbrough Design Guidelines” means the design guidelines for the Project, consisting of:
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(i) The Master Design Guidelines, as more specifically described in Section

10.3 of this Agreement; and
(ii) The additional design guideline elements listed in Exhibit E attached hereto, which shall become part of the Yarbrough Design Guidelines upon approval by the Planning Commission in accordance with Section 10.3; and (iii) Amendments to the Yarbrough Design Guidelines approved in accordance with Section 10.3.4.

1.41. “Yarbrough Inclusionary Units” means the affordable housing units required to be developed on the Property by Landowner, in accordance with this Agreement and as set forth in Exhibit F of this Agreement.

AGREEMENT

1. Incorporation of Recitals. The Preamble, the Recitals and all defined terms set forth in both are hereby incorporated into this Agreement as if set forth herein in full.

2. Description of Property. The Property, which is the subject of this Agreement, is described in Exhibit A and depicted in Exhibit B attached hereto (“Property”).

3. Relationship of City and Landowner. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Landowner and that Landowner is not an agent of City. The City and Landowner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Landowner joint venturers or partners.

4. Representations, Warranties and Acknowledgments.

4.1 Title to Property. Landowner represents and warrants that as of the Effective Date, Landowner holds legal and/or equitable interest in and to the Property and that all persons holding legal or equitable interest in the Property shall be bound by the Agreement.

4.2 Authority. The Parties represent and warrant that the persons signing this Agreement are duly authorized to enter into and execute this Agreement on behalf of their respective principals.

4.3 Brokers. The Parties represent and warrant that they have had no dealings with any real estate broker or agent in connection with the negotiation of this Agreement, and that they know of no other real estate broker or agent who is entitled to a commission in connection with this Agreement. In the event any real estate broker or agent shall come forward and claim the right to a commission or other form of compensation in connection with this Agreement, Landowner shall indemnify, defend and hold harmless the City in accordance with Section 26.1.

4.4 Procedures and Requirements. The Parties acknowledge that this Agreement is subject to the procedures for approval, amendment and administration set forth in the Development Agreement Law.
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5. Effective Date and Term.

5.1 Effective Date. The effective date of this Agreement means the date defined at Section 1.10 of this Agreement.

5.2 Term. The term of this Agreement shall commence on the Effective Date and extend for a period of fifteen (15) years thereafter, unless said term is terminated, modified or extended by circumstances set forth in this Agreement.

5.2.1. Tolling. The term of this Agreement shall be tolled if and for as long as City determines development within the Southport area is infeasible due to State, Federal or local health and safety requirements; provided, however, that under this circumstance the term of this Agreement shall not be tolled for longer than five (5) years.

5.2.2. Extension. The term of this Agreement may also be extended for a maximum period of five (5) years if development of at least fifty percent (50%) of residential units in the Project has occurred and all of the improvements and infrastructure associated with those units are constructed and accepted by the City, as appropriate.

Following the expiration of the term, this Agreement shall be deemed terminated and of no further force and effect.

5.3 Automatic Termination Upon Completion and Sale of Individual Lots.

Except as provided herein, this Agreement shall automatically be terminated, without any further action by either party or need to execute or record any additional document, with respect to any improved commercial or residential lot within a parcel designated by the Project Approvals for such use, upon issuance by the City of a final certificate of occupancy or its equivalent for a commercial structure or dwelling unit upon such lot and conveyance of such lot by Landowner to a bona-fide, good-faith individual purchaser. In connection with its issuance of a final inspection for any residential lot, the City shall confirm that all Improvements which are required to serve the lot have been dedicated to and accepted by the City, and all applicable fees have been paid by Landowner. Termination of this Agreement as to any such commercial or residential lot shall not in any way be construed to terminate or modify any applicable assessment district, special tax lien, fee credit, or right of reimbursement with respect to such lot. Termination of this Agreement as to any such lot shall extend solely to that lot and shall not extend to other parcels or property encompassed by this Agreement.

5.4 Termination by Mutual Consent. This Agreement may be terminated in whole or in part by the mutual written consent of all the Parties. Any fees paid or Improvements dedicated to the City prior to the date of termination shall be retained by the City.

5.5 Effect of Termination. This Agreement was entered into by the Parties for the limited purpose of setting forth certain terms and conditions concerning the proposed development of Project in a manner that is consistent with the Collective Standards.

Accordingly, nothing contained herein is intended or shall be construed to grant to Landowner any rights in connection with the future development of the Property, except for those rights set forth in the Collective Standards and in this Agreement.

The Parties recognize and agree that this Agreement imposes certain continuing obligations and responsibilities on the City and Landowner. Termination of this Agreement, 400
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whether by default as provided in Section 25 or by expiration of its own accord, shall not:
(1) affect any pre-existing liability under this Agreement owed by one Party to the other, which remains unsatisfied as of the date of termination; (2) affect those provisions of this Agreement which provide that they shall survive the termination of this Agreement, including, but not limited to the City’s Purchase Option Agreement set forth in Section 12.1.2, or Landowner’s obligations to comply with the Yarbrough Design Guidelines or Mitigation Measures; (3) be construed to terminate or modify an applicable covenant, condition, servitude or restriction that runs with the land and binds Successors; (4) affect the validity of any structure on the Property or Improvement which is completed as of the date of termination and is in compliance with all necessary permits; or (5) prevent Landowner from completing any structure on the Property or Improvement under construction at the time of termination, provided that any such structure or Improvement is completed in accordance with all necessary permits.

6. Project Approvals and Vested Rights.

6.1 Project Approvals. Upon the Effective Date, Landowner shall acquire a vested right to the Project Approvals as set forth in Section 10.1. Except as otherwise provided in Section 22.4, if Landowner applies to the City Council to amend the Project Approvals, and the City Council approves the requested amendments, then Landowner shall acquire a vested right to such amendments to the Project Approvals as of the date of approval of the amendments by the City Council; provided, however, that Landowner shall not, by virtue of this Agreement, acquire a vested right to any amended Project Approval approved after the expiration of the term of this Agreement.

6.2 Reserved Powers Relating to Project Entitlements and Approvals.

Notwithstanding any other provision of this Development Agreement to the contrary, the City retains the following reserved powers and retains the authority to take the following actions:

6.2.1. Grant or deny applications for land use entitlements and approvals for the Project and the Property, provided such action is consistent with the Collective Standards;

6.2.2. Approve, disapprove or revise subdivision maps, parcel maps or lot line adjustments for the Project and the Property, provided such action is consistent with the Collective Standards;

6.2.3. Apply, or adopt and apply, design and construction requirements for specific public improvements to serve the Project on the Property, except to the extent that such requirements are a part of the Collective Standards or expressly set forth in this Development Agreement;

6.2.4. Adopt and apply City-wide or Non-Project Specific property transfer and/or excise taxes;

6.2.5. Adopt and apply City-wide or Non-Project Specific utility charges;

6.2.6. Adopt and apply City-wide or Non-Project Specific permit processing fees;
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6.2.7. Adopt and apply regulations to protect the City and its citizens from immediate risks to health and safety. The Landowner hereby agrees that any regulation with respect to flood protection adopted in response to Federal or State guidelines, regulations, or directives shall be deemed necessary to protect the public health and safety;

6.2.8. Adopt or increase fees, charges, assessments or special taxes otherwise authorized by and in compliance with State law (e.g. Gov. Code sections 66000 et seq.), except to the extent prohibited by this Development Agreement;

6.2.9. Adopt and apply City-wide or Non-Project Specific regulations relating to the temporary use of land, the control of traffic, the regulation of sewers, water, and similar subjects, and the abatement of public nuisances;

6.2.10. Adopt and apply engineering design standards and construction specifications;

6.2.11. Adopt and apply City-wide or Non-Project Specific building and fire construction standards;

6.2.12. Adopt or undertake enforcement of land use regulation ordinances, policies, programs, or resolutions in order to comply with Federal or State laws, provided that in the event that such Federal or State laws, plans, programs or regulations prevent or preclude compliance with one (1) or more provisions of this Agreement, such provision or provisions shall be modified or suspended solely as may be necessary to comply with such Federal or State laws or regulations;

6.2.13. Adopt land use regulations, ordinances, policies, programs or resolutions that are not in conflict with, or that are less restrictive than, the terms and conditions for development of the Project on the Property established by this Development Agreement or otherwise applicable Collective Standards and which do not impose additional burdens on such development other than those that are merely procedural in nature;

6.2.14. Adopt land use regulations, ordinances, policies, programs, resolutions or fees that are in conflict with the Collective Standards, but which are either expressly made not applicable to the Property or are consented to in writing by the Landowner either through amendment of this Development Agreement or by separate document.

The foregoing Reserved Powers may be exercised by the City acting through its elected or appointed officials or its employees (subject to the appeal rights (if any) set forth in the Municipal Code), or directly by the electors through the initiative process.

6.3 Meet and Confer. If Landowner believes that the City is taking action to impair a vested right conferred by this Agreement, other than as allowed in this Agreement, Landowner shall provide to City written notice, describing the basis for Landowner’s position.

The Parties shall meet and confer within thirty (30) days thereafter in an attempt to arrive at a mutually acceptable solution.

6.4 Further Reviews. Landowner acknowledges that the Collective Standards contemplate further reviews of elements of portions of the Project by the City. These reviews include, but are not limited to, monitoring and implementation of environmental 402
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mitigation measures. Nothing in this Agreement shall be deemed to limit or expand the legal authority of City with respect to such reviews, as provided for by, and which are otherwise consistent with, this Agreement.

6.5 Referendum. Landowner acknowledges that the Adopting Ordinance, the Southport Framework Plan Amendment, the General Plan Amendment, and the Rezone, as legislative land use approvals, are potentially subject to referendum. Notwithstanding anything in this Agreement to the contrary, Landowner shall not acquire a vested right to any legislative land use approval (or to any amendment thereto): (1) while such approval or amendment is still potentially subject to referendum or (2) in the event that such approval or amendment is reversed by referendum.

7. Subdivision Maps.

7.1 Term of Tentative Subdivision Maps. Notwithstanding Government Code section 66452.6(a), the term or “life” of any tentative map for the Project shall be determined by reference to the Subdivision Map Act other than Section 66452.6(a), and shall not be automatically extended for the term of this Agreement.

7.2 Vesting Tentative Maps. Landowner reserves the right to file a “vesting tentative map” as that term is defined in Government Code section 66498.1. Landowner agrees, however, that any such vesting tentative map filed in connection with the Project will not vest the Landowner in any rights with respect to any matter that is identified in the Comprehensive Financing Agreement, the Master Affordable Housing Agreement, the Comprehensive Recreational Phasing and Financing Plan, and this Agreement (including its Exhibits). Landowner further agrees that the Comprehensive Financing Agreement, the Comprehensive Development Phasing Plan, and the Comprehensive Recreational Phasing and Financing Plan shall govern the financing and construction of infrastructure for the Project.

8. Applicable Rules, Regulations, Fees and Official Policies.

8.1 Rules Regarding Design and Construction. Unless otherwise expressly provided in this Agreement, all other ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Project and to public improvements to be constructed by the Landowner shall be those in force and effect at the time the applicable permit approval is granted.

8.2 Uniform Codes Applicable. Unless otherwise expressly provided in this Agreement, the Project shall be constructed in accordance with the California Building Standards Codes, Title 24 of the California Code of Regulations, as adopted and amended by the City, as the same shall be in effect as of the time of approval of the permit in question. The Project shall also be constructed in accordance with the provisions of the California Mechanical, Plumbing, Electrical and Fire Codes, City standard construction specifications, in effect at the time of approval of the appropriate building, grading, encroachment or other construction permits for the Project. If no permit is required for a given infrastructure improvement or other improvement, such improvement will be constructed in accordance with said Codes in effect in the City as of the commencement of construction of such improvement. 403
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8.3 Fees, Dedications, Assessments and Taxes.

8.3.1. Waiver of Fee Establishment Procedures. Notwithstanding anything in this Agreement to the contrary, Landowner hereby waives the procedures and requirements imposed on cities by the Mitigation Fee Act (Government Code sections 66000 et seq.) for establishing, expending, returning, and reporting on all "fees" as that term is defined in the Mitigation Fee Act, as to the fees established as of the Effective Date of this Agreement.

This waiver shall not apply to any fees adopted after the Effective Date; thus, as to fees adopted or revised after the Effective Date, Landowner shall retain whatever rights it has under Federal and State law.

8.3.2. Processing Fees and Charges. Landowner shall pay those processing, inspection, and plan check fees and charges required by City under then current regulations for processing applications and requests for permits, approvals and other actions, and monitoring compliance with any permits issued or approvals granted or the performance of any conditions with respect thereto or any performance required of Landowner hereunder.

8.3.3. Development Impact Fees, Exactions and Dedications.

Landowner shall make all dedications of land and pay all development impact fees, connection or mitigation fees, and exactions required by the City to support in the construction of any public facilities and improvements or the provision of public services in relation to development of the Property (together “Exactions”) authorized by City after the Effective Date as long as said Exactions otherwise comply with applicable law, and are either (1) required on a City-wide basis, or (2) apply uniformly to all properties within the City that are zoned consistent with the Project Approvals, or (3) are Non-Project Specific. Except as otherwise provided in this Agreement, Exactions required by City to be paid by the Landowner that do not meet one of the preceding criteria, shall be the Exactions authorized as of the Effective Date. Wherever this Agreement obligates Landowner to design, construct or install any improvements, the cost thereof shall be provided by Landowner, or may be provided by a Community Facilities District (“CFD”) or other such financing mechanism acceptable to the City, subject to and in accordance with the provisions thereof.

8.3.4. Exhibits Not Exclusive. Landowner acknowledges that the fees and Improvements set forth in the attached Exhibits are not exclusive, but are merely set forth to clarify some of Landowner's obligations under this Agreement.

8.3.5. Mitigation of EIR Impacts. Landowner shall timely satisfy and comply with all Mitigation Measures in accordance with the schedule in the Mitigation Monitoring Plans. The Mitigation Measures are conditions of Project approval but are not the exclusive conditions of Project approval. A failure to timely satisfy any Mitigation Measure or other conditions of Project Approval without prior written City approval shall be a default of this Agreement, subject to the default and cure provisions set forth in Section 25 of this Agreement.

8.3.6. Other Public Agencies. Nothing in this Agreement is intended to govern the authority of other public agencies to impose fees.

8.3.7. Public Works and Community Development. All Improvements and work performed by Landowner in connection with the Project shall be to the satisfaction of the City Public Works Director and Community Development Director. 404
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8.3.8. Acquisition of Land for Improvements. Landowner
acknowledges that some of the public improvements required for the Project will be constructed on land that is not under the control of the Landowner or the City. The City is under no obligation to acquire land needed for the construction of such improvements, and the Parties agree that nothing in Government Code section 66452.5 or any other provision of State law will require the City to waive any conditions set forth in the Project approvals related to construction of the Project. If City acquires such land, Landowner shall be responsible for all of City's costs associated with such acquisition (including legal counsel and appraisal fees), subject to possible reimbursement as provided in Section 14.3.

9. Payment and Performance Bonds. Landowner has an affirmative obligation to secure its obligations to construct Project improvements, as required in this Agreement.

Landowner shall secure all infrastructure improvements by delivering payment and performance bonds to City, in a manner consistent with City ordinances and in accordance with this section.

Prior to the commencement of construction of any infrastructure improvement, Landowner or Landowner’s general contractor shall furnish City with payment and performance bonds (“Bonds”), issued by a corporate surety company that is an admitted insurer in the State of California and licensed to do business in California, in an amount approved by City, but not less than the full amount of the construction contract, and shall name City as obligee. The Bonds shall remain in effect until the later of (1) the date that the entire cost of developing the improvement shall have been paid in full, (2) the date that the improvement shall have been completed in accordance with this Agreement, and/or (3) the date on which the City accepted the improvement.

The Bonds shall be in the form prescribed by Government Code sections 66499.1 and 66499.2 for performance and payment bonds and be reasonably satisfactory to City.

10. Use of Property.

10.1 Right to Develop. Landowner shall have the vested right to proceed with development of the Project in accordance with the terms and conditions of this Agreement, the Collective Standards, and any amendments to the Project Approvals as shall, from time to time, be approved pursuant to this Agreement. Landowner’s development of the Property shall be subject to the terms set forth in any subsequent approvals needed for development; provided however, that any conditions, terms, restrictions and requirements contained in any subsequent approvals shall not be inconsistent with or otherwise prevent development of the Property for the uses, or reduce the density and intensity of development, or limit the rate or timing of development set forth in this Agreement, as long as Landowner is not in default under this Agreement.

10.2 Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, location and maintenance of on-site and off-site improvements, location of public utilities and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Collective Standards and any amendments to this Agreement or the Project Approvals. City acknowledges that the Project Approvals provide for the land uses and approximate acreages for the Property as set forth in Exhibit C and Exhibit D.
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10.3 Design Guidelines.

10.3.1. Accessible Design. Medium density designated residential units in the Project shall vary in product type and include accessible designs. For purposes of this section, accessible design may include, for example, single story units, units with living quarters and bedrooms located on the first floor, and/or units that incorporate architectural elements such as wide hallways that promote use of the unit by senior citizens or people with disabilities.

10.3.2. Master Design Guidelines for the Project. Master Design Guidelines for the Yarbrough Project were approved as part of the Southport Framework Plan Amendment and incorporated into the Southport Framework Plan Design Guidelines.

10.3.3. Additional Components. Landowner shall have additional design guidelines, identified in Exhibit E, reviewed and approved by the City’s Planning Commission, in the exercise of its discretion. The additional design guidelines shall be approved by the Planning Commission, based on the timing set forth in Exhibit E, before the corresponding map or permit is issued to Landowner. Upon approval, the additional design guidelines shall be deemed incorporated into the Southport Framework Plan Design Guidelines.

10.3.4. Amendments and Modifications. Amendments or modifications to the Yarbrough Design Guidelines shall be made in accordance with the Southport Framework Plan.

11. Master Affordable Housing Agreement. Prior to or concurrent with the approval of the first tentative map for the Project, Landowner shall identify the substantive terms of the Master Affordable Housing Agreement, which substantive terms shall be to the satisfaction of City staff. Prior to or concurrent with the approval of the first final map for the Project, Landowner shall enter into the Master Affordable Housing Agreement with the City, to the satisfaction of the City. At a minimum, the Master Affordable Housing Agreement shall contain the requirements set forth in Exhibit F, attached hereto and incorporated herein by reference.

12. Recreational Uses.

12.1 Golf Course. The golf course located on the Property, and more particularly described in Exhibit G and depicted in Exhibit D, shall be an 18-hole public golf course, including a Pro Shop, and be available to City residents during normal business hours.

Construction of the golf course shall not be credited towards the Project’s Park Impact Fee obligations.

12.1.1. Timing of Construction. Construction of the golf course shall commence with the first phase of construction of the Project in accordance with the terms of the Comprehensive Development Phasing Plan. If the golf course is not completed prior to the issuance of the one thousand two hundredth (1,200th) residential building permit, then no further residential building permits shall be issued. For purposes of this section, the term “completed” shall mean that the golf course, including all infrastructure and improvements thereon, has been constructed and that the golf course is in the “grow in” or “course maturation” phase. The Pro Shop shall be constructed upon completion of the golf course such that it is open to the public for use and enjoyment at the same time that the golf course is open to the public for use and enjoyment.
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12.1.2. Purchase Option. Prior to approval of the first tentative map for the Project, Landowner shall enter into a Purchase Option Agreement with the City (the “Option”). The Option shall allow the City to acquire the golf course and resume operation of the golf course in the event the Landowner (or its successor) decides to cease operating the golf course as a public golf course, consistent with the intent of the City Council expressed at its May 14, 2008 meeting.

12.1.2.1. Legal Description To Purchase Option.

Concurrent with the approval of the first final map creating the parcel(s) containing the golf course, the Parties shall amend the Option by inserting a legal description for the golf course.

12.1.3. Indemnification. In the event the golf course closes or the City exercises its purchase option in accordance with Section 12.1.2 herein, all releases, indemnification, defenses, and protection running from individual homeowners and/or the homeowner’s association shall be transferred from the existing golf course operator to the City, its agents, designees, employees, and assigns. Landowner shall do all things necessary to cause this transfer to occur such that the City, as operator, possesses the same releases, indemnification, defenses, and protection as the existing golf course operator arising from activities related to the operation and maintenance of the golf course.

12.1.4. Operation and Maintenance. In the event that the City exercises its Option to purchase the golf course from the Landowner, Landowner shall transfer to the City any funds collected for the purpose of operating and maintaining the golf course. Landowner shall also transfer to the City control over any funding mechanism created for the operation and maintenance of the golf course.

12.2 Parks. The Project Approvals include a five (5) acre Neighborhood Park, the Lake Park (including the recreational and open space improvements included in the Lake Park), Pocket Parks, a village green, and a Designated Trail System, together with recreational and open-space improvements to these areas.

12.2.1. Funding of the Updated Parks Master Plan Park Impact Fee Study. Except as otherwise provided in Section 12.2.5, Landowner shall fund its proportionate share of an update to the Parks Master Plan and a Park Impact Fee Study. Proportionate share shall be determined based upon the projects participating in the update and is initially estimated to be twenty five percent (25%) of two hundred thousand dollars ($200,000). Landowner shall deposit funds with City within thirty-five (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

12.2.2. Update to the Master Plan and Fee Study. Except as otherwise provided in Section 12.2.5, the City shall commence the update of the Parks Master Plan and Fee Study not more than thirty (30) days after receipt of funds from all participating projects.

Once the update and fee study are commenced, the City shall move forward expeditiously with the development and approval of the update and fee study. Landowner expressly acknowledges and agrees that City shall not commence the update to the Master Plan and Fee Study until and unless it receives fees sufficient to cover the costs of the updates.

12.2.3. Purpose of the Update to the Parks Master Plan and Park Impact Fee Study. The purpose of this update shall be to (1) reflect additional population projections in the Southport area (including the Project), (2) identify park facilities necessary to 407
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serve that population, (3) determine the costs associated with developing the identified park facilities, (4) to evaluate to what extent the park improvements included in the Project, including the Lake Park and those improvements programmed as part of the Lake Park, will be incorporated into the Parks Master Plan and eligible for park credits, and (5) include a Park Impact Fee Study for the purpose of updating the City’s park-related fees. Once the update is commenced, the City shall move forward expeditiously with the development and approval of the fee update. The Landowner shall be subject to the updated Park Impact Fee and shall pay that fee.

12.2.4. Building Permits. No building permits shall be issued for the Project until the update of the Parks Master Plan and Park Impact Fee Study is completed and the updated impact fee is approved. All required improvements identified in the updated Master Plan shall be financed and constructed in accordance with the Comprehensive Recreational Phasing and Financing Plan. Notwithstanding the foregoing, in the event that the update to the Parks Master Plan and Park Impact Fee Study has not been approved within eighteen (18) months of the City commencing the update, Landowner may be eligible to pull building permits if Landowner pays the then existing park impact fee and enters into an agreement with the City to pay the updated park impact fee when it is approved. Landowner expressly acknowledges and agrees, however, that no building permits will be issued until and unless City receives fees from Landowner and participating projects, sufficient to cover the cost to commence the update to the Master Plan and Fee Study.

12.2.5. Alternative Timing for Update to the Master Plan and Fee Study. If the City has not obtained all the funds necessary to update the Parks Master Plan and Park Impact Fee Study within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Master Plan and Impact Fee Study specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with the City one hundred percent (100%) of the cost of the updates; Landowner acknowledges that, notwithstanding Section 14.3, Landowner shall not be entitled to reimbursement for funding the updates under this section since the update would only include the Project. The City and Landowner acknowledge and agree that the intent of this section is to provide Landowner an opportunity to move forward with the Parks Master Plan and Park Impact Fee Study, in the event that the City is unable to obtain funding from all participating projects.

12.2.6. Ownership and Maintenance. The Neighborhood Park and Designated Trail System shall be publicly owned and maintained, and open to the public for use and enjoyment. Unless otherwise indicated in the Comprehensive Recreational Phasing and Financing Plan, all other park facilities developed as part of the Project shall be open to the public for use and enjoyment, but shall be privately owned and maintained.

12.2.7. Credits.

12.2.7.1. Upon completion of the construction of the park facilities identified in the Comprehensive Recreational Phasing and Financing Plan, and at such time as the improvements are “completed,” Landowner shall be eligible for park impact fee credits to the extent that the facilities are consistent with the City’s updated Parks Master Plan and identified in the Master Plan as being eligible for credit. For purposes of this section, park facilities are “completed” when the facility and corresponding improvements and infrastructure are constructed and available for public use and enjoyment. 408
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12.2.7.2. The City shall have a controlling role in
programming, design, and construction of any park facilities eligible for credit; however, all costs associated with any park facility shall be borne by the Landowner. The term “controlling role” shall be described in the Comprehensive Recreational Phasing and Financing Plan.

12.2.8. Timing of Improvements of Parks. The construction of park facilities shall be phased in accordance with Section 12.2.9, the Comprehensive Recreational Phasing and Financing Plan. Park facilities adjacent to a residential neighborhood shall be constructed and completed prior to completion of fifty percent (50%) of the residential dwelling units in the residential neighborhood. For purposes of this section 12.2.8, park facilities are “completed” when the park facility and corresponding improvements and infrastructure are constructed and available for public use and enjoyment. A residential dwelling unit is “completed” when the City has performed its final inspection of the unit and the unit is eligible for the issuance of a certificate of occupancy or its equivalent.

12.2.9. Comprehensive Recreational Phasing and Financing Plan.

Landowner agrees to prepare and implement a Comprehensive Recreational Phasing and Financing Plan that shall include, but not be limited to the following:

12.2.9.1. Designated Trail System,

12.2.9.2. The Lake Park,

12.2.9.3. The Neighborhood Park, and

12.2.9.4. Pocket Parks.

The Comprehensive Recreational Phasing and Financing Plan shall identify specific residential neighborhoods and the timing of construction of the corresponding park facilities adjacent to those neighborhoods to ensure compliance with the provisions set forth in this Agreement and the Parks Master Plan update. The Comprehensive Recreational Phasing and Financing Plan shall also define, with specificity, Landowner’s obligation to finance the park facilities. Prior to the issuance of the first tentative map for the Project, Landowner shall identify the substantive terms of the Comprehensive Recreational Phasing, Financing, and Reimbursement Plan. The Comprehensive Recreational Phasing and Financing Plan shall be subject to the review and written approval of the City, prior to the approval of the first final map for the Project.

12.2.10. Designated Trail System. No later than the timing set forth in the Comprehensive Recreational Phasing and Financing Plan of the subdivision improvements, Landowner shall design, construct, and grant a Designated Trail System.

Segments of the Designated Trail System shall be phased to provide connectivity to other transit corridors within the Property.

13. Public Improvements.

13.1 Drainage Master Plan and Drainage Impact Fee Study.

13.1.1. Funding of the Updated Master Plan and Fee Study. Except as otherwise provided in Section 13.1.6, Landowner shall fund its proportionate share of an update 409
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to the Drainage Master Plan and a Drainage Impact Fee Study. Proportionate share shall be determined based upon the projects participating in the update and their respective equivalent dwelling units. Landowner shall deposit funds with City within thirty-five (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

13.1.2. Update of the Master Plan and Fee Study. Except as otherwise provided in Section13.1.6, the City shall commence the update of the Drainage Master Plan and Fee Study not more than thirty (30) days after receipt of funds from all participating projects.

Once the update and fee study are commenced, the City shall move forward expeditiously with the development and approval of the update and fee study. Landowner expressly acknowledges and agrees that City shall not commence the update to the Master Plan and Fee Study until and unless it receives fees sufficient to cover the costs of the updates.

13.1.3. Eligibility for Reimbursement. Eligibility of Landowner for reimbursement, including reimbursement for the construction and improvement of the lakes and waterways as a retention basin for purposes of drainage, shall be in accordance with Section

14.3. Credits or reimbursements shall be limited to the amount of land necessary to provide drainage for the Project as reflected in the Hydrology study in the EIR.

13.1.4. Construction and Financing of Improvements. All improvements and infrastructure identified in the update to the Drainage Master Plan shall be incorporated into the Comprehensive Development Phasing Plan and Comprehensive Financing Agreement.

13.1.5. Building Permits. No building permits shall be issued for the Project until the update of the Drainage Master Plan and Drainage Impact Fee Study is completed and the updated impact fee is approved. All required improvements identified in the updated Master Plan shall be financed and constructed in accordance with the Comprehensive Financing Agreement and Comprehensive Development Phasing Plan. Notwithstanding the foregoing, in the event that the update to the Drainage Master Plan and Drainage Impact Fee Study has not been approved within eighteen (18) months of the City commencing the update, Landowner may be eligible to pull building permits if Landowner pays the then existing drainage impact fee and enters into an agreement with the City to pay the updated drainage impact fee when it is approved. Landowner expressly acknowledges and agrees, however, that no building permits will be issued until and unless City receives fees from Landowner and participating projects, sufficient to cover the cost to commence the update to the Master Plan and Fee Study.

13.1.6. Alternative Timing for Update to the Master Plan and Fee Study. If the City has not obtained all the funds necessary to update the Drainage Master Plan and Drainage Impact Fee Study within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Master Plan and Impact Fee Study specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with the City one hundred percent (100%) of the cost of the updates; Landowner acknowledges that, notwithstanding Section 14.3, Landowner shall not be entitled to reimbursement for funding the updates under this section since the update would only include the Project. The City and Landowner acknowledge and agree that the intent of this section is to provide Landowner an opportunity to move forward with the Drainage Master Plan and Drainage Impact Fee Study, in the event that the City is unable to obtain funding from all participating projects.
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13.1.7. Lakes and Waterways. Lakes and waterways developed as part of the Project shall be privately owned by the Landowner. Landowner shall maintain and operate the lakes and waterways in accordance with Exhibit E and to the satisfaction of Reclamation District 900, its successors or assigns. Upon approval of the final map for the Project that identifies and creates the lakes and waterways as a separate parcel of land, Landowner shall grant the City an Irrevocable Offer of Dedication (the “IOD”) to the said parcel.

The IOD shall be in a form prepared by the City and offer the City the right, but not the obligation, to accept the lakes and waterways. In the event that the City accepts the lakes and waterways from the Landowner, the Landowner shall transfer to the City any funds collected for the purpose of operating and maintaining the lakes and waterways. Landowner shall also transfer to the City control over any funding mechanism created for the operation and maintenance of the lakes and waterways. Upon transfer of the funds and funding mechanism from Landowner to the City, the City shall be responsible for the operation and maintenance of the lakes and waterways. Nothing in this section shall be construed to allow Landowner to receive compensation or to be eligible for reimbursements or credits toward development impact fees for the IOD.

13.2 Water Master Plan.

13.2.1. Funding of the Updated Master Plan and Fee Study. Except as otherwise provided in Section 13.2.6, Landowner shall fund its proportionate share of an update to the Water Master Plan and a Water Impact Fee Study. Proportionate share shall be determined based upon the projects participating in the update and their respective equivalent dwelling units. Landowner shall deposit funds with the City within thirty-five (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

13.2.2. Update of the Master Plan and Fee Study. Except as otherwise provided in Section 13.2.6, the City shall commence the update of the Water Master Plan and Fee Study not more than thirty (30) days after receipt of funds from all participating projects.

Once the update and fee study are commenced, the City shall move forward expeditiously with the development and approval of the update and fee study. Landowner expressly acknowledges and agrees that City shall not commence the update to the Master Plan and Fee Study until and unless it receives fees sufficient to cover the costs of the updates.

13.2.3. Water Supply, Treatment Extensions and Storage. Landowner shall construct or advance funds for water supply, treatment extensions and/or storage expansion, or other infrastructure necessary to serve the Project, as identified in the updated Water Master Plan. The City shall have a controlling role in the program, design, and construction of such facilities.

13.2.4. Eligibility for Reimbursement. Eligibility of Landowner for reimbursement shall be in accordance with Section 14.3.

13.2.5. Building Permits. No building permits shall be issued for the Project until the update of the Water Master Plan is completed and the updated impact fee approved. All required improvements identified in the updated Water Master Plan shall be financed and constructed in accordance with the Comprehensive Financing Agreement and Comprehensive Development Phasing Plan. Notwithstanding the foregoing, in the event that the update to the Water Master Plan and Fee Study has not been approved within eighteen (18) 411
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months of the City commencing the update, Landowner may be eligible to pull building permits if Landowner pays the then existing water impact fee and enters into an agreement with the City to pay the updated water impact fee when it is approved. Landowner expressly acknowledges and agrees, however, that no building permits will be issued until and unless City receives fees from Landowner and participating projects, sufficient to cover the cost to commence the update to the Master Plan and Fee Study.

13.2.6. Alternative Timing for Update to the Master Plan and Fee Study. If the City has not obtained all the funds necessary to update the Water Master Plan and Water Impact Fee Study within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Master Plan and Impact Fee Study specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with the City one hundred percent (100%) of the cost of the updates; Landowner acknowledges that, notwithstanding Section 14.3, Landowner shall not be entitled to reimbursement for funding the updates under this section since the update would only include the Project. The City and Landowner acknowledge and agree that the intent of this section is to provide Landowner an opportunity to move forward with the Water Master Plan and Water Impact Fee Study, in the event that the City is unable to obtain funding from all participating projects.

13.3 Sewer Master Plan.

13.3.1. Funding of the Updated Master Plan and Fee Study. Except as otherwise provided in Section 13.3.6, Landowner shall fund an update to the Sewer Master Plan and a Sewer Impact Fee Study. Proportionate share shall be determined based upon the projects participating in the update and their respective equivalent dwelling units. Landowner shall deposit funds with City within thirty-five (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

13.3.2. Update of the Master Plan and Fee Study. Except as otherwise provided in Section 13.3.6, the City shall commence the update of the Sewer Master Plan and Fee Study not more than thirty (30) days after receipt of funds from all participating projects.

Once the update is commenced, the City shall move forward expeditiously with the development and approval of the update and fee study. Landowner expressly acknowledges and agrees that City shall not commence the update to the Master Plan and Fee Study until and unless it receives fees sufficient to cover the costs of the updates.

13.3.3. Wastewater Treatment. Landowner shall cooperate with Sacramento Regional County Sanitation District (“SRCSD”) regarding the capacity of the wastewater treatment and lower northwest inceptor. Landowner shall also construct or advance funds for any required pump station improvements and/or wastewater infrastructure expansion.

The City and SRCSD shall have a controlling role in the program, design, and construction of such facilities.

13.3.4. Eligibility for Reimbursement. Eligibility of Landowner for reimbursement shall be in accordance with Section 14.3.

13.3.5. Building Permits. No building permits shall be issued for the Project until the update of the Sewer Master Plan is completed and the updated impact fee approved. All required improvements identified in the updated Sewer Master Plan shall be 412
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financed and constructed in accordance with the Comprehensive Financing Agreement and Comprehensive Development Phasing Plan. Notwithstanding the foregoing, in the event that the update to the Sewer Master Plan and Fee Study has not been approved within eighteen (18) months of the City commencing the update, Landowner may be eligible to pull building permits if Landowner pays the then existing sewer impact fee and enters into an agreement with the City to pay the updated sewer impact fee when it is approved. Landowner expressly acknowledges and agrees, however, that no building permits will be issued until and unless City receives fees from Landowner and participating projects, sufficient to cover the cost to commence the update to the Master Plan and Fee Study.

13.3.6. Alternative Timing for Update to the Master Plan and Fee Study. If the City has not obtained all the funds necessary to update the Sewer Master Plan and Sewer Impact Fee Study within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Master Plan and Impact Fee Study specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with the City one hundred percent (100%) of the costs of the updates; Landowner acknowledges that, notwithstanding Section 14.3, Landowner shall not be entitled to reimbursement for funding the updates under this section since the update would only include the Project. The City and Landowner acknowledge and agree that the intent of this section is to provide Landowner an opportunity to move forward with the Sewer Master Plan and Sewer Impact Fee Study, in the event that the City is unable to obtain funding from all participating projects.

13.4 Traffic.

13.4.1. Funding of the Updated Fee Study. Except as otherwise provided in Section 13.4.5, Landowner shall fund an update to the Traffic Impact Fee Study.

Proportionate share shall be determined based upon the projects participating in the update and their respective equivalent dwelling units. Landowner shall deposit funds with City within thirtyfive (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

13.4.2. Update of the Fee Study. Except as otherwise provided in Section 13.4.5, the City shall commence the update of the Traffic Impact Fee Study not more than thirty (30) days after receipt of funds from all participating projects. Once the update of the fee study has commenced, the City shall move forward expeditiously with the development and approval of the fee study. The updated Traffic Impact Fee study shall include the improvements set forth in Exhibit I of this Agreement. Landowner also agrees to make the improvements and funding commitments more particularly described in Exhibit J of this Agreement. Landowner expressly acknowledges and agrees that City shall not commence the update to the Fee Study until and unless it receives fees sufficient to cover the costs of the updates.

13.4.3. Eligibility for Reimbursement. Eligibility of Landowner for reimbursement shall be in accordance with Section 14.3.

13.4.4. Building Permits. No building permits shall be issued for the Project until the update of the Traffic Impact Fee Study is completed and the updated impact fee approved. All required improvements identified in the updated Traffic Impact Fee Study shall be financed and constructed in accordance with the Comprehensive Financing Agreement and Comprehensive Development Phasing Plan. Notwithstanding the foregoing, in the event that 413
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the update to the Traffic Impact Fee Study has not been approved within eighteen (18) months of the City commencing the update, Landowner may be eligible to pull building permits if Landowner pays the then existing traffic impact fee and enters into an agreement with the City to pay the updated traffic impact fee when it is approved. Landowner expressly acknowledges and agrees, however, that no building permits will be issued until and unless City receives fees from Landowner and participating projects, sufficient to cover the cost to commence the update to the Traffic Impact Fee Study.

13.4.5. Alternative Timing for Update to the Fee Study. If the City has not obtained all the funds necessary to update the Traffic Impact Fee Study within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Traffic Impact Fee Study specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with City one hundred percent (100%) of the cost of the updates and Landowner acknowledges that, notwithstanding Section

14.3, it shall not be entitled to reimbursement for funding the update under this section since the update would only include the Project. The City and Landowner acknowledge and agree that the intent of this section is to provide Landowner an opportunity to move forward with the Traffic Impact Fee Study, in the event that the City is unable to obtain funding from all participating projects.

13.4.6. South River Road Bridge.

13.4.6.1. Construction of the South River Road Bridge.

The South River Road Bridge, as more particularly described in Exhibit H, shall be constructed and completed prior to the issuance of the combined total of two thousand (2,000) residential building permits within the Southport area beyond those identified as Existing plus Approved.

Once the two thousandth (2,000th) threshold is reached, no further building permits shall be issued for the Project until the South River Road Bridge is constructed and open to the public for use and enjoyment.

13.4.6.2. Funding of the South River Road Bridge.

Landowner shall pay or advance all fees and costs for the design, development and construction of the South River Road Bridge at least eighteen (18) months before the issuance of the two thousandth (2,000th) building permit in the Southport area, or as more particularly described in the Comprehensive Financing Agreement. The Comprehensive Financing Agreement shall identify with specificity the timing of Landowner’s obligations towards financing the South River Road Bridge and the Landowner’s proportionate share of costs.

13.4.6.3. Reimbursement. Landowner shall be eligible for reimbursement pursuant to Section 14.3. In the City’s sole discretion, Landowner may alternatively establish or join a financing mechanism to fund the design, development, and construction of the bridge.

14. Phasing and Financing of Improvements and Infrastructure.

14.1 Phasing.

14.1.1. Comprehensive Development Phasing Plan. Landowner shall identify and agrees to prepare and implement a comprehensive development phasing plan that 414
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shall include, but not be limited to the phasing of the following (collectively, the “Comprehensive Development Phasing Plan”):

14.1.1.1. Project construction activities, generally,

14.1.1.2. Infrastructure development, including any
Improvements identified in the updated Water, Sewer, Drainage, and Traffic Impact Fee Study, but not including park facilities, which are separately addressed in the Comprehensive Recreational Phasing and Financing Plan,

14.1.1.3. Commercial site availability for development,

14.1.1.4. The golf course,

14.1.1.5. Affordable housing construction, and

14.1.1.6. Planning and implementation of interim and
alternative transit modes and routes, including a mechanism to permit substitution of transportation improvements and/or mitigation measures to achieve equivalent mitigation while protecting the interests of the affected neighborhood.

The substantive terms of the Comprehensive Development Phasing Plan shall be identified and generally accepted by City staff, prior to the approval of the first tentative map for the Project. The Comprehensive Development Phasing Plan shall be subject to the review and written approval of the City, and shall be approved prior to the issuance of the first final map for the Project. In reviewing and approving the Comprehensive Development Phasing Plan, City staff shall take into consideration the phasing of the Project in an effort to limit the potential temporal disturbance from construction activities on surrounding residential properties.

14.2 Financing.

14.2.1. Comprehensive Financing Agreement. The substantive terms of the Comprehensive Financing Agreement shall be identified and generally accepted by City staff, prior to the approval of the first tentative map for the Project. Prior to approval of the first final map for the Project, Landowner and City shall enter into an agreement defining with specificity Landowner’s obligations in connection with the financing and construction of certain infrastructure improvements in the City (the “Comprehensive Financing Agreement”). The Comprehensive Financing Agreement shall include the financing of improvements identified in Exhibit M, attached hereto and incorporated herein by reference.

14.2.2. Advance Funding for Traffic Improvements. The City will use its reasonable efforts to require any new development in the Southport area that is greater than fifty (50) residential units to participate in the advance funding of the South River Road Bridge and other Southport area traffic improvements identified in the Updated Traffic Impact Fee Study.

14.3 Reimbursement. Whenever the size of any improvements set forth in this Agreement are partly attributable to other development projects, or Landowner advances funds in excess of its proportionate share for the update of any master plan or fee study in accordance with this Agreement, Landowner and the City will enter into a reimbursement 415
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agreement pursuant to the City’s Municipal Code Chapter 16.48. The City acknowledges that the intent of a reimbursement agreement is to provide a mechanism by which Landowner may be eligible to receive reimbursement when the reasonable cost incurred by developer in constructing public improvements exceeds the developer’s “fair share” of the cost of the improvements. Under such circumstances, Landowner may be eligible to receive reimbursement from applicable impact fees paid by the Landowner or other developers.

Landowner acknowledges, however, that a reimbursement agreement does not guarantee reimbursement. The City finances the development of other public improvements in a similar manner, and as a result, some or all of the fees that the City will collect or be entitled to collect from other development may be used to reimburse other developers for eligible public improvements constructed by them. In addition, the City may contract directly for the construction of public improvements using available or anticipated impact fees. Consequently, the City makes no representation or warranty concerning the availability or sufficiency of future fees to provide full reimbursement to Landowner. Furthermore, in some cases Landowner may be required by the terms of this Agreement or the Comprehensive Financing Agreement to pay more than its “fair share” of the cost of certain public improvements. In such cases, Landowner may not be eligible for reimbursement or may be eligible for reimbursement, but in an amount less than what Landowner might otherwise be eligible to receive but for this Agreement.

Nevertheless, the City and Landowner understand and agree that, within the constraints identified above, the intent of this Agreement is to attempt to provide a mechanism for reimbursing Landowner to the extent that reasonable costs exceed Landowner’s “fair share,” and although the City cannot guarantee a particular outcome, the City shall use its best efforts to exercise its discretion in a manner consistent with this intent.

15. Levee Improvements.

15.1 Prior to the approval of the first final map for the Project, Landowner shall comply with and implement any levee improvements determined by the City to be necessary for development of the Project. The parties anticipate that the improvements may include the following:

15.1.1. Conversion of Project’s in-lieu fees with a mutually acceptable funding mechanism to City and Landowner, and/or,

15.1.2. Dedication of any land, permanent easement or right-of-way required for construction or maintenance of any feasible levee improvement which shall qualify for reimbursements or credits against the Project’s in-lieu fees, in accordance with Section 14.3.

15.1.3. Compliance with any flood construction standards that may be eventually mandated by the City or state, and/or additional financial advancements.

The value of any dedicated land, easements, or rights-of-way, shall be determined by the City at the time of the first tentative map approval.

In addition to any of the above improvements, Landowner shall make a financial advancement beyond the payment of in-lieu fees, to achieve a Federal Emergency Management Agency (“FEMA”) designation to allow the development of the Project; provided, however, that Landowner’s requirement to make additional financial contributions is Non-Project Specific and the financial advancement is proportionate to the Project. The City and Landowner understand and acknowledge that such financial advancement, if required, may affect the 416
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phasing of the golf course. The Comprehensive Financing Agreement shall address the timing and phasing of such improvements and financial contributions.

15.2 Construction Easements. Prior to the approval of the first final map for the Project, Landowner shall grant to the City, without compensation or credits, temporary construction easements along the deep water ship channel, as required by the Army Corps of Engineers, Reclamation District 900, and/or the West Sacramento Flood Control Agency, for levee improvements within the Property. Landowner agrees that areas designated by those agencies shall be no build areas until such time that the levee improvements are constructed and completed.

16. Additional Obligations.

16.1 Fire and Police. Landowner shall dedicate property to the City for the purpose of a planned fire station (relocated Station # 42) and police annex within the Project, in accordance with the Comprehensive Development Phasing Plan and Comprehensive Financing Agreement and the Southport Fire Response Study. The timing of construction shall be identified in the Comprehensive Phasing Agreement. The dedication of property and any advance funding for the design and construction of the planned fire station and police annex will be eligible for impact fee credits and reimbursements in accordance with Section 14.3.

16.2 School Agreement. Landowner shall enter into an agreement with the Washington Unified School District, to the satisfaction of the School District, for the phasing and development of school facilities to serve the Project. Prior to the approval of the first final map for the Project, Landowner shall provide the City with evidence of the fully executed agreement.

16.3 Enhanced Transit System. The Comprehensive Development Phasing Plan and Comprehensive Financing Plan shall require Landowner to participate in a mechanism to finance capital costs for an enhanced transit system and to participate in a financing mechanism for annual operating costs. Landowner’s contribution to capital costs is initially estimated at one million seven hundred thousand dollars ($1,700,000), and Landowner’s contribution to operating costs is initially estimated at six hundred thousand dollars ($600,000) per year. These financing mechanisms shall include the Project and any other projects as bound between Jefferson Boulevard, the Sacramento River, and the barge canal, for an enhanced Southport-wide transit system upon City adoption. The Comprehensive Development Phasing Plan and Comprehensive Financing Plan shall address the timing and/or phasing of such mechanisms along with interim and alternative transit modes and routes.

16.4 Traffic Reduction Plan. Landowner shall devise a traffic reduction plan for the Project that provides measures to reduce traffic, such as:

16.4.1. Parking facilities: preferential parking for carpools and vanpools, perimeter or park-and-ride lots with shuttle service, restricted parking for single-occupancy vehicles;

16.4.2. Bicycle facilities: secured bicycle parking facilities, bicycle lockers, bicycle racks, showers and lockers;
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16.4.3. Services: on-site sale of transit passes, shuttle services, carpool/vanpool matching services, informational and promotional programs, guaranteed ridehome program;

16.4.4. Subsidies: subsidies for transit passes/tickets, parking subsidies, vanpool subsidies;

16.4.5. Special incentives: creative incentive programs, disincentives, schedules (flextime, alternative work shifts), telecommuting; and,

16.4.6. Other: golf cart transportation routes between residences within the Project and the village core, golf cart parking within the village core, employee travel allowance, reduced-emission vehicles, and on-site child care facilities.

16.5 Evacuation and Emergency Management Plan.

16.5.1. Funding of the Updated Evacuation and Emergency Management Plan. Except as otherwise provided in Section 16.5.5, Landowner shall fund its proportionate share of an update to the City’s Evacuation and Emergency Management Plan to include the Project. Proportionate share shall be determined based upon the projects participating in the update and their respective equivalent dwelling units. Landowner shall deposit funds with City within thirty-five (35) days of the Effective Date, or the date the City determines Landowner’s proportionate share, whichever occurs later.

16.5.2. Update of the Plan. Except as otherwise provided in Section

16.5.5, the City shall commence the update of the Evacuation and Emergency Management Plan not more than thirty (30) days after receipt of funds from all participating projects. Once the update is commenced, the City shall move expeditiously with the development and approval of the update. Landowner expressly acknowledges and agrees that City shall not commence the update to the Evacuation and Emergency Management Plan until and unless it receives fees sufficient to cover the costs of the updates.

16.5.3. Eligibility for Reimbursement. Eligibility of Landowner for reimbursements shall be in accordance with Section 14.3.

16.5.4. Final Maps. No final maps shall be issued for the Project until the update of the Evacuation and Emergency Management Plan is completed. Notwithstanding the foregoing, in the event that the update to the Evacuation and Emergency Management Plan has not been approved within six (6) months of the City commencing the update, Landowner shall be eligible to request the issuance of a final map for the Project.

16.5.5. Alternative Timing for Update to the Evacuation and Emergency Management Plan. If the City has not obtained all the funds necessary to update the Evacuation and Emergency Management Plan within ninety (90) days of the Effective Date, then Landowner may request that the City commence the updates to the Management Plan specifically for the Project, subject to the written approval of the Director. Upon approval of the Director, Landowner shall deposit with the City one hundred percent (100%) of the cost of the updates; Landowner acknowledges that, notwithstanding Section 14.3, Landowner shall not be entitled to reimbursement for funding the update under this section since the updated would only include the Project. The City and Landowner acknowledge and agree that the intent of this 418
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section is to provide Landowner an opportunity to move forward with the Evacuation and Emergency Management Plan, in the event that the City is unable to obtain funding from all participating projects.

16.6 Planning Area 14 Rural Estate Buffer. The northern ten (10) acres within Planning Area 14 (Exhibit D) designated as Medium Density Residential (MR), shall be developed at no more than four (4) units per acre (large lots) to provide for transition to the existing Rural Estate (RE) lands on the north side of Bevan Road. In addition, a minimum twenty (20) foot wide landscaped buffer shall be developed along the south side of Bevan Road within Planning Area 14. The remainder of Planning Area 14 shall be developed within the prescribed density range identified by the Southport Framework Plan. The density range for the MR land use is currently prescribed as 5.1 to 12.0 dwelling units per acre.

17. Tower Court Fee Credits. Landowner and the City’s Redevelopment Agency (the “RDA”) are in the process of negotiating the sale of a property located at Tower Court, APN No. 67-330-17, located in the City of West Sacramento, County of Yolo (“Tower Court”).

Landowner proposes to purchase the Tower Court property from the RDA with fee credits. For purposes of this section, the term “fee credits” refers to the fact that Landowner is entitled to reimbursement of at least three million two hundred and fifty thousand dollars ($3,250,000) from the City for costs associated with Landowner’s construction of improvements for other projects.

Instead of being reimbursed by the City, under this transaction, Landowner would use the right to reimbursement to purchase Tower Court. If this sale occurs, then Landowner shall not transfer any other fee credits to or from any builder or related party to this Project for use in offsetting or paying City-wide development impact fees towards the Yarbrough Project, until such time that builder(s) or any related party has first purchased credits from the City’s Redevelopment Agency for the value determined in accordance with the Development and Disposition Agreement for Tower Court. In the event that the Tower Court property is not purchased by the Landowner with existing fee credits, this section shall not preclude Landowner from transferring fee credits to third parties at any time.

18. Community Facilities District.

18.1 Financing. Landowner may request that the City initiate the formation of a Community Facilities District ("CFD") formed pursuant to the Mello Roos Community Facilities Act of 1982 (Government Code section 53311 et seq.) for the purpose of financing the acquisition or construction of the Improvements and the issuing of bonds. The decision of whether to initiate CFD formation procedures shall be within the absolute discretion of the City.

18.2 Costs. Landowner shall be responsible for the costs of establishing any CFDs.

19. Service District for Maintenance.

19.1 Formation. Landowner waives its rights with respect to the formation of or inclusion in a special assessment district formed for the purposes of operation of Improvements or publicly owned parks and facilities. Landowner acknowledges that the services to be financed by the Assessment Districts will provide a "special benefit" to the Property (as defined in Article XIII D of the California Constitution). 419
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20. Home Owners Association. Landowner shall cause to be established a Home Owners Association or other non-City entity, to the satisfaction of the City, to own and maintain such Improvements within the Project as are designated by the City, and in accordance with the Comprehensive Financing Agreement. The City shall have the right to approve and enforce all bylaws for the Home Owners Association and all Covenants, Conditions and Restrictions for the Property as they pertain to maintenance and repair of Improvements or the golf course or any park facilities.

21. Not a Part Lands.

21.1 The Not a Part Lands are not a part of the Project nor a party to this Agreement; therefore, no rights are vested to the Not a Part Lands pursuant to the Agreement.

21.2 No application for entitlements associated with the Not a Part Lands has been submitted to the City. Development of the Not a Part Lands would require separate application(s) and approval by the City, and could require amendments to the General Plan, Southport Framework Plan, and/or Zoning ordinance, depending on the project(s) proposed. In order to facilitate the City’s consideration of such application(s), should application(s) be submitted, Landowner shall consult with the owners of the Not a Part Lands, with the aim of submitting a single application encompassing that portion of the Not a Part Lands seeking such approvals. Although the environmental impacts of development associated with such approvals are analyzed generally as “Alternative 5” in the EIR, Landowner understands and acknowledges that further environmental analysis of any such application will be required under CEQA. If authorized by the landowners of the Not a Part Lands to file such single application, Landowner agrees to pay for the cost of processing such single application, including costs associated with additional environmental analysis and deposits and/or filing fees. Nothing in this Agreement shall constrain the City’s exercise of its discretion with respect to whether or on what terms to approve such an application.

21.3 Consistent with existing City policy, the Master Plan Updates required by this Agreement shall anticipate the future development potential of the Not a Part Lands.

Project design shall not preclude the potential future development of adjacent Not a Part Lands.

21.4 A thirty- (30) foot wide agricultural buffer shall be incorporated into the Project adjacent to the Not a Part Lands. Residential uses shall not be permitted within this buffer. This requirement shall not apply to Not a Part Lands that are rezoned to non-agricultural uses.

21.5 Tentative maps for portions of the Project adjacent to the Not a Part Lands shall include a condition of approval requiring the Landowner to provide financial assurances to the Not a Part Lands landowners in the event that construction activities associated with the Project cause property damage to the Not a Part Lands.

22. Amendment or Cancellation.

22.1 Amendment by Mutual Consent. Except as otherwise provided in Section 22.4, this Agreement may be amended in writing from time to time by mutual consent of the Parties hereto and in accordance with the procedures of State law and the Municipal Code. 420
29 873763.17

22.2 Insubstantial Amendments. The City Manager is authorized to approve insubstantial amendments to this Agreement on behalf of the City without a hearing before or action by the Planning Commission or City Council. “Insubstantial amendments” means amendments to this Agreement which do not relate to (1) the term of the Agreement; (2) the permitted uses of the Property; (3) the reservation or dedication of land; (4) the location and maintenance of on-site and off-site improvements; (5) the density or intensity of use of the Project; (6) the maximum height or size of proposed buildings or (7) monetary contributions by Landowner required by this Agreement. All other amendments shall require approval by the City Council in accordance with the Development Agreement Law.

22.3 Amendment of Project Approvals. Except as otherwise provided in Section 22.4, any amendment of Project Approvals relating to: (1) the permitted use of the Property; (2) provision for reservation or dedication of land; (3) the density or intensity of use of the Project; (4) the maximum height or size of proposed buildings; (5) monetary contributions by the Landowner; (6) the location and maintenance of on-site and off-site improvements; or (7) any other issue or subject not identified as an “insubstantial amendment” in Section 22.2 of this Agreement, shall require an amendment of this Agreement. Other amendments of the Project Approval(s) shall not require amendment of this Agreement unless the amendment of the Project Approval(s) relates specifically to some provision of this Agreement.

22.4 Limitation on Number of Units. Landowner acknowledges and agrees that the development of this Project shall not exceed three thousand and four (3,004) residential units. Landowner expressly waives its rights under the Development Agreement Law to request an amendment to this Agreement or the Project Approvals for the purpose of increasing the number of units for this Project to more than three thousand and four (3,004) residential units.

23. Rights and Duties of Mortgage Lenders in Possession of Property. Any Mortgage Lender (“Mortgage Lender”) who comes into possession of the Property, or any portion thereof, pursuant to a foreclosure of a Mortgage, or deed in lieu of such foreclosure, shall not be eligible to apply for, receive, or exercise any rights under this Agreement or any of the Project Approvals which were vested in its predecessor in title prior to the time that the Mortgage Lender comes into possession, until the Mortgage Lender contractually assumes all of the obligations of its predecessor in title under this Agreement with respect to such property, including those obligations which accrued prior to the time that the Mortgage Lender came into possession of such property. The Mortgage Lender shall be entitled to the rights of this Agreement upon presentation to the City of a written agreement between the Landowner (or Subsequent Landowner) and the Mortgage Lender clearly indicating the transfer and/or assignment and assumption of the Landowner’s obligations under the Agreement.

Any such assignment and assumption by the Mortgage Lender in possession and title shall be to the satisfaction of and in a form acceptable to the City Attorney, and shall be effective when the Mortgage Lender executes and delivers to the City Clerk an express agreement to contractually assume all of the obligations of its immediate predecessor in title under this Agreement with respect to all of the Property, or portion thereof, to which it has come into possession.
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24. Annual Review of Agreement.

24.1 Review Date. The annual review date of this Agreement (the “Review Date”) as required by Development Agreement Law shall be approximately twelve (12) months from the Effective Date and every twelve (12) months thereafter.

24.2 Procedures. The procedures for annual review shall be as set forth in the Development Agreement Law.

24.3 Fee for Annual Review. The cost for the City’s annual review of this Agreement shall be paid by Landowner.

25. Default.

25.1 Default. The failure of either party to perform any obligation or duty under this Agreement within the time required by this Agreement shall constitute an event of default. (For purposes of this Agreement, a party asserting that the other party is in default shall be referred to as the "Complaining Party" and the other party shall be referred to as the "Defaulting Party.")

25.2 Notice. The Complaining Party may not place the Defaulting Party in default unless it has first given written notice to the Defaulting Party, specifying the nature of the default and the manner in which the default may be cured, if known to the Complaining Party.

Any failure or delay by the Complaining Party in giving such notice shall not waive such default or waive any of the Complaining Party's remedies.

25.3 Cure. The Defaulting Party shall have thirty (30) days from the receipt of notice to cure the default. If the default cannot be reasonably cured within such time, the default cure shall be deemed cured if: (1) the cure is commenced at the earliest practicable date following receipt of notice; (2) the cure is diligently prosecuted to completion at all times thereafter; (3) at the earliest practicable date (but in no event later than thirty (30) days after receiving the notice of default), the Defaulting Party provides written notice to the Complaining Party that the cure cannot be reasonably completed within such thirty (30) day period; and (4) the default is cured at the earliest practicable date, but in no event later than ninety (90) days after receipt of the first notice of default.

25.4 Remedies. If the Defaulting Party fails to cure a default in accordance with the foregoing, the Complaining Party shall have the right to terminate this Agreement upon notice to the Defaulting Party and, except as provided in Section 25.7, may pursue all remedies available at law or in equity, including specific performance and injunctive relief.

25.5 Additional Procedures and Remedies. The parties acknowledge that the foregoing default procedures and remedies are in addition to, and not in lieu of, the procedures and remedies set forth in City Council Resolutions 88-111 and 96-62, and Landowner waives the argument that any default taken against Landowner is not valid for failing to comply with the procedures and remedies set forth in City Council Resolutions 88-111 and 96-62.

25.6 Building Permits. In addition to and not in lieu of its other remedies, in the event that the City gives Landowner a notice of default and opportunity to cure as provided 422
31 873763.17
in Section 25, the City shall have the right to withhold issuance of any building permits for the Project, provided there is a nexus between the default and the structure for which the permit is being withheld. Such withholding shall cease when the default is cured in accordance with this Agreement. For purposes of this Section 25.6, a nexus shall be deemed to exist if the default involves the failure of Developer to timely pay fees or undertake or complete construction of the Improvements, the golf course, any park facilities, or any public improvement identified in this Agreement, the Mitigation Monitoring and Reporting Program, the Comprehensive Financing Agreement, the Comprehensive Development Phasing Plan, or any subsequent approval by the City related to the Project.

25.7 Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge that the City would not have entered into this Agreement had it been exposed to liability for damages from Landowner, and that therefore, Landowner hereby waives all claims for damages against the City for breach of this Agreement. Landowner further acknowledges that under the Development Agreement Law, land use approvals (including development agreements) must be approved by the City Council and that under law, the City Council's discretion to vote in any particular way may not be constrained by contract.

Landowner therefore waives all claims for damages against the City in the event that this Agreement or any Project Approval is: (1) not approved by the City Council or (2) is approved by the City Council, but with new changes, amendments, conditions or deletions to which Landowner is opposed, subject to Landowner’s rescission rights under Section 25.8.

Landowner further acknowledges that as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Landowner waives all claims for damages against the City in this regard.

25.8 Rescission. In the event that Landowner believes that the purposes of this Agreement have been frustrated by the City Council's approval of this Agreement or any Project Approval with new changes, amendments, conditions or deletions to which Landowner is opposed, Landowner shall have ten (10) days after such approval in which to provide notice to the City that this Agreement shall be rescinded, without any further liability of the parties.

26. Insurance and Indemnity.

26.1 Indemnification, Defense and Hold Harmless. Landowner shall indemnify, defend, and hold harmless to the fullest extent permitted by law, the City (as defined in this Agreement) from and against any and all claims, liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the Project, the Project Approvals or the Property (including any challenge to the validity of any provision of this Agreement or the Project Approvals, and including any actions or inactions of Landowner's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Property and the Project), or Landowner's failure to comply with any of its obligations in this Agreement, or Landowner's failure to comply with any current or prospective Law; provided, however, that Landowner shall have no obligations under this section for such loss or damage which was caused by the sole negligence or willful misconduct of the City, or with respect to the maintenance, repair or condition of any Improvement after dedication to and acceptance by the City or another public entity (except as provided in an improvement agreement or warranty 423
32 873763.17
bond). This indemnification obligation shall survive this Agreement and shall not be limited by any insurance policy, whether required by this Agreement or otherwise.

26.2 Insurance.

26.2.1. Public Liability and Property Damage Insurance. At all times that Landowner is constructing any Improvements, Landowner shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of one million dollars ($1,00,000) and a deductible of not more than fifty thousand dollars ($50,000) per claim. The policy so maintained by Landowner shall name the City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement.

26.2.2. Workers’ Compensation Insurance. At all times that Landowner is constructing any Improvements, Landowner shall maintain workers’ compensation insurance for all persons employed by Landowner for work at the Project site. Landowner shall require each contractor and subcontractor similarly to provide workers’ compensation insurance for its respective employees. Landowner agrees to indemnify the City for any damage resulting from Landowner’s failure to maintain any such insurance.

26.2.3. Evidence of Insurance. Prior to commencement of construction of any Improvements, Landowner shall furnish City satisfactory evidence of the insurance required in Sections 26.2.1 and 26.2.2 and evidence that the carrier is required to give the City at least fifteen (15) days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Landowner performing work on the Project.

27. Binding Effect on Successors.

27.1 Assignment.

27.1.1. Landowner may not assign its interests under this Agreement without the: (1) written consent of the City Manager, which consent shall not be unreasonably withheld; and (2) execution by Landowner and the assignee of the form of assignment attached hereto as Exhibit N. Upon such assignment and assumption, Landowner shall be released from any further liability or obligation hereunder related to that portion of the Property so conveyed, and the Successor shall be deemed to step into the shoes of Landowner for purposes of this Agreement with respect to such conveyed property. For purposes of this section, it shall not be unreasonable for the City Manager to withhold consent unless and until the proposed assignment demonstrates that it has the financial capability and experience needed to complete development of the Project or respective portions thereof, in the case of a partial assignment, and in accordance with the terms of this Agreement.

27.1.2. Any attempt to assign any rights under this Agreement other than by executing the form of assignment attached hereto at Exhibit N shall be void and constitute a default under this Agreement. Notwithstanding the foregoing, private parties who purchase an individual parcel defined by an approved and recorded final subdivision map that has been improved with a dwelling structure shall not be required to execute the form of assignment attached hereto as Exhibit N, shall not be considered Successors, and this Agreement shall not be binding upon them.
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27.2 Subsequent Assignments. Any Successor may assign its rights under this Agreement by complying with the procedures set forth in this Agreement.

27.3 Runs with the Land. Except as otherwise provided in this Agreement, all of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1466 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property: (a) is for the benefit of such properties and is a burden upon such properties; (b) runs with such properties; and (c) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each Party and its property hereunder and each other person succeeding to an interest in such properties.

28. Miscellaneous.

28.1 Prevailing Wages. Landowner shall pay prevailing wages, and shall direct its contractors and other parties with which it has a contractual relationship with respect to the Project, to pay prevailing wages only if the same is required by the Prevailing Wage Law (Labor Code section 1720 et seq.). Landowner's indemnification, defense and hold harmless obligations under Section 26.1 shall extend to any failure to pay prevailing wages in connection with the Project, only as required by State law.

28.2 Estoppel Certificate. Either Party may at any time request the other Party to certify in writing that: (1) this Agreement is in full force and effect; (2) this Agreement has not been amended except as identified by the other Party; and (3) to the best knowledge of the other Party, the requesting Party is not in default, or if in default, the other Party shall describe the nature and any amount of any such default. The other Party shall use its best efforts to execute and return the estoppel certificate to the requesting Party within thirty (30) days of the request. The City Manager shall have authority to execute such certificates on behalf of the City.

28.3 Recordation. This Agreement shall not be operative until recorded with the Yolo County Recorder's office. Landowner shall record this Agreement at its expense with the County Recorder's office within ten (10) days of the Effective Date, and shall cause any amendment to this Agreement or any instrument affecting the term of this Agreement to be recorded within ten (10) days from date on which the same become effective. Any amendment to this Agreement or any instrument affecting the term of this Agreement which affects less than all of the Property shall contain a legal description of the portion thereof that is the subject of such amendment or instrument. Alternatively, Landowner and City may execute the instrument entitled “Memorandum of Development Agreement” attached hereto as Exhibit K, which shall be recorded against the Property, in lieu of recording the entire Agreement.

28.4 Notices. All notices required by this Agreement or the Development Agreement Law shall be in writing and personally delivered or sent by certified mail, postage prepaid, return receipt requested.
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Notice required to be given to the City shall be addressed as follows:

CITY OF WEST SACRAMENTO
1110 West Capitol Avenue
West Sacramento, CA 95691
ATTN: Public Works and Community Development Director
Notice required to be given to the Landowner shall be addressed as follows:

ASB Southport II, LLC
707 Kentucky Street
Fairfield, CA 94533-5515
Either Party may change the address stated herein by giving notice in writing to the other Party, and thereafter notices shall be addressed and transmitted to the new address. All notices shall be deemed received on the earlier of the date that personal delivery is effected or the date shown on the return receipt.

28.5 References to Municipal Code. This Agreement contains references to articles and sections of the City’s Municipal Code. If, after the Effective Date, the City amends or renumbers its Municipal Code, then the references in this Agreement shall be understood to apply to the amended or renumbered Municipal Code.

28.6 Third Party Beneficiaries. This Agreement is entered into for the sole benefit of the Parties and any Successors. No other party shall have any cause of action or the standing to assert any rights under this Agreement.

28.7 Force Majeure. Neither Party shall be liable for, and both Parties shall be excused from, any failure to deliver or perform or for delay in delivery or performance (except any obligation to pay any sum of money) due to any act of God. The foregoing shall not apply to floods that affect the Property. The Party claiming an extension due to Force Majeure shall send written notice to the other Party within thirty (30) days from the commencement of the cause describing the circumstances.

28.8 Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

28.9 Attorneys’ Fees and Costs in Legal Actions By Parties to the Agreement. Should any legal action be brought by either Party for breach of this Agreement or to enforce any provisions herein, the prevailing Party to such action shall be entitled to reasonable attorneys’ fees, court costs, and such other costs as may he fixed by the Court.

28.10 Attorneys’ Fees and Costs in Legal Actions By Third Parties to the Agreement. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the Parties shall cooperate and appear in defending such action. Landowner shall bear its own costs of defense as a real party in interest in any such action, and Landowner shall reimburse City for all reasonable court costs and attorneys’ fees expended by City in defense of any such action or other proceeding, provided that City reasonably cooperates with Landowner in the defense of such action.
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28.11 Liability of City Officials. No City official or employee shall be personally liable under this Agreement.

28.12 Delegation. Any reference to any City body, official or employee in this Agreement shall include the designee of that body, official or employee, except where delegation is prohibited by law.

28.13 Severability. Should any provision of this Agreement be found invalid or unenforceable by a court of law, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

28.14 Integration. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the subject matter hereof and supersedes any previous oral or written agreement. This Agreement may be modified or amended only by a subsequent written instrument executed by all of the Parties.

28.15 Counterparts. This Agreement may be signed in one (1) or more counterparts, and will be effective when all of the Parties have affixed their signatures to the counterparts, at which time the counterparts together shall be deemed one (1) original document; provided, however, that all executed counterparts are provided to the City Clerk.

28.16 Interpretation. The Parties acknowledge that this Agreement has been negotiated by both Parties and their legal counsel and agree that this Agreement shall be interpreted as if drafted by both Parties.

28.17 Inconsistency. In the event of any conflict or inconsistency between the provisions of this Agreement and the Project Approvals or Exhibits, this Agreement shall prevail.

28.18 Incorporation. The Recitals, Exhibits, and all defined terms in this Agreement are part of this Agreement.

28.19 Compliance with Laws. In connection with its performance under this Agreement, Landowner shall comply with all applicable present and prospective laws.

28.20 Applicable Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflicts of law. In the event of litigation arising under this Agreement, venue shall reside exclusively in the Superior Court of the County of Yolo. 427
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28.21 Time of the Essence. Time is of the essence of this Agreement.

IN WITNESS WHEREOF, the parties hereto are executing this Agreement on the dates set forth below, to be effective as of the Effective Date. “CITY” “LANDOWNER”

CITY OF WEST SACRAMENTO, ASB SOUTHPORT II LLC,
a municipal corporation a California Limited Liability Company By:________________________ By:_____________________________

Name:______________________ Name:__________________________ Its:_________________________ Its:_____________________________ Dated: _________________, 2008 Dated: ___________________, 2008 ATTEST: BILLY G. AND LOUISE YARBROUGH TRUST,
A Revocable Family Trust
____________________________ By: ____________________________ Kryss Rankin,
City Clerk Name:__________________________
Its:_____________________________
Dated: ___________________, 2008
APPROVED AS TO FORM:
_____________________________
Robert E. Murphy,
City Attorney
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RESOLUTION 23-1PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF WEST SACRAMENTO

RECOMMENDING ADOPTION BY THE CITY COUNCIL OF A FIRST AMENDMENT

TO A DEVELOPMENT AGREEMENT WITH ASB SOUTHPORT II LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY PERTAINING TO DEVELOPMENT OF

THE YARBROUGH MASTER PLAN
WHEREAS, on March 16, 2023, the West Sacramento Planning Commission conducted a public hearing on a First Amendment to a Development Agreement; and WHEREAS, the Planning Commission has duly considered all information before them; and
WHEREAS, the Planning Commission has found that the proposed First Amendment to the Development Agreement is consistent with the goals, policies and implementation programs of the City of West Sacramento General Plan, and WHEREAS, the proposed First Amendment to the Development Agreement does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines.

WHEREAS, the Planning Commission has found that the proposed First Amendment to the Development Agreement furthers the public health, safety and general welfare of the City, and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission recommends that the City Council take the following actions:

1. The Planning Commission recommends that the City Council approve the proposed First Amendment to the Development Agreement via Ordinance 23- 4 as recommended by the Planning Commission.

PASSED AND ADOPTED by the Planning Commission of the City of West Sacramento this 16th of March 2023, by the following vote:

AYES: Hirsch, Lockhart, Esquivel, Sablan
NOES: Berliner
ABSTAIN: None
ABSENT: Stiger, DeAnda
Aria Berliner, Planning Commission
Chairperson
ATTEST:

David W. Tilley, Secretary
Attachment 3
429
Attachment 4
2343517.1 7203-364
ORDINANCE 23-4

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

APPROVING THE FIRST AMENDMENT TO

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO

AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS

LANDOWNERS RELATIVE TO YARBROUGH
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose And Authority. The purpose of this Ordinance is to amend that certain Development Agreement by and Between the City of West Sacramento and ASB Southport II LLC, A California Limited Liability Company, and the Billy G. and Louise Yarbrough Trust, A Revocable Family Trust, as Landowners Relative to Yarbrough dated June 18, 2008 (“Development Agreement”).

Section 2. Amendments. The City and ASB Southport II LLC, successor to the developer parties to the Development Agreement, hereby amend the Development Agreement according to the terms and provisions of the First Amendment, attached hereto as Attachment A.

Section 3. Severability. If any provision of this Ordinance, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Ordinance, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

Section 4. Effective Date and Publication. This Ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this 17th day of May 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Martha Guerrero, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________ Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY ___ UNCODIFY _X_
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2343517.1 7203-364
Attachment A

FIRST AMENDMENT TO

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO

AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS

LANDOWNERS RELATIVE TO YARBROUGH
This FIRST AMENDMENT to the DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY

OF WEST SACRAMENTO AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS LANDOWNERS RELATIVE TO YARBROUGH dated June 18, 2008, is entered into by and between ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY and the BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST (“Developer”) and the City of West Sacramento, a municipal corporation (“City”) is entered pursuant to the authority of Government Code Sections 65864 through 65869.5 and shall be deemed to have an Effective Date of _________________, 2023.

RECITALS
This First Amendment is predicated upon the following facts and findings:

A. The City and Developer entered into a Development Agreement on June 18, 2008 (“Development Agreement”) relative to the Yarbrough project (the “Project”) as approved on that date by City Ordinance 08-04, a memorandum of which was recorded by the Yolo County Recorder on July 26, 2008.

B. The Project encompasses approximately 711 acres and is located in the southwest village of Southport and generally bound by the Deep-Water Ship Channel (DWSC) to the west, the Bridgeway Lakes communities to the north, agricultural land immediately to the east, and the southeast village of Southport beyond the former Yolo Shortline Railroad corridor. The project will support a balanced mixed of land uses including approximately 3,004 dwelling units, 150,000 square feet of commercial space, an 18-hole public golf course and a 55.9-acre interconnected lake park and canal system.

C. The ownership is now solely comprising of one party, ASB Southport II LLC, A California Limited Liability Company.

D. Section 22.1 of the Development Agreement provides for amendments to such Agreement pursuant to state law and the West Sacramento Municipal Code.

E. Over the course of the last several years, the real estate market has suffered, and the Project has been delayed for a variety of reasons, including disruptions to work schedules and supply chain interruptions caused by the COVID-19 pandemic and projects to mitigate flooding in the City.

F. As a result of these delays, Developer and the City wish to amend the Development Agreement for an extension to enable the Parties to evaluate the Project’s status, determine if any substantive changes to the Project are necessary to best serve the respective needs of the Parties, and to consider the timeline of the Project going forward. 431
2343517.1 7203-364
G. To accommodate these evaluations, the Parties wish to extend the term of the Development Agreement for one year, until July 18, 2024, with an option to extend the term for an additional year, until July 18, 2025, at the discretion of the City Manager if the Parties are making good faith efforts and progress towards the evaluations described in Recital F.

H. On March 16, 2023, the Planning Commission conducted a public hearing on this First Amendment and recommended approval to the City Council.

I. On _________, 2023, the City Council conducted a public hearing on this First Amendment and voted to approve the amendment by adoption of Ordinance 23-4.

J. The Developer and the City both desire to amend Section 5.2 the Development Agreement to extend the Development Agreement, based on the conditions contained in this First Amendment.

NOW THEREFORE, the parties agree to amend the Development Agreement as follows:

1. Amendment of Section 5.2. Section 5.2 of the Development Agreement shall be amended to read as follows:
“5.2 Term. The term of this Agreement shall commence on the Effective Date and shall end on July 18, 2024, unless said term is terminated, modified, or extended by circumstances set forth in this Agreement.

5.2.1 Tolling. The term of this Agreement shall be tolled if and for as long as City determines development within the Southport area is infeasible due to State, Federal, or local health and safety requirements; provided, however, that under this circumstance the term of this Agreement shall not be tolled for longer than five (5) years.

5.2.2 Extension. At the City Manager’s discretion, the Term of this Agreement may be extended for one (1) year, until July 18, 2025, if the City Manager determines such an extension is in the best interest of the City.

Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect, except as described in Section 26.1.”

2. Remainder of Provisions of Development Agreement. Except as expressly provided herein, nothing in this First Amendment shall be deemed to waive or modify any of the other provisions of the Development Agreement.

3. Interpretation of Conflicts. In the event that any provisions of this First Amendment conflict with the provisions of the Development Agreement, the terms of this First Amendment shall prevail.

4. Memorandum of First Amendment. Contemporaneously herewith, the City and Developer shall execute a notarized Memorandum of First Amendment in the form attached hereto as Exhibit A, which Memorandum shall be recorded with the Yolo County Recorder. 432
2343517.1 7203-364
IN WITNESS WHEREOF, this First Amendment has been executed by the parties on the day and year first written above.

CITY OF WEST SACRAMENTO ASB SOUTHPORT II LLC
A municipal corporation A California Limited Liability Company By: ______________________ By: _________________________ Martha Guerrero, Mayor Frank Andrews, Jr., Manager
By: _________________________
Debra Russo, Manager
By: _________________________
David Stroud, Manager
ATTEST:

By: ______________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

KRONICK, MOSKOVITZ, TIEDMAN & GIRARD
A professional corporation
By: _______________________
Jeffrey Mitchell, City Attorney
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EXHIBIT A
Memorandum of Agreement
434
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RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
NO RECORDING FEE REQUIRED PURSUANT TO GOVT CODE § 27383 SPACE ABOVE LINE FOR RECORDER’S USE ONLY

MEMORANDUM OF FIRST AMENDMENT TO

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO

AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS

LANDOWNERS RELATIVE TO YARBROUGH
THIS MEMORANDUM OF FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is made this ___ day of ______, 2023, by and between the CITY OF WEST SACRAMENTO ("City") and ASB SOUTHPORT II LLC ("Developer").

City and Developer are parties to that certain "DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF WEST SACRAMENTO AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST dated June 18, 2008. The City and Developer are also parties to that certain “FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF WEST SACRAMENTO AND ASB SOUTHPORT II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE BILLY G. AND LOUISE YARBROUGH TRUST, A REVOCABLE FAMILY TRUST, AS LANDOWNERS RELATIVE TO YARBROUGH,” (“First Amendment”) dated ________, 2023. The terms and conditions of the First Amendment are incorporated herein by this reference. The Development Agreement as amended by the First Amendment controls the development of the certain real property, including improvements thereto, situated in the County of Yolo, State of California, and described as follows:

SEE EXHIBIT “1”
Dated: ________________________

THE CITY OF WEST SACRAMENTO
By: ___________________________
Martha Guerrero, Mayor
Attest: ________________________
Jennifer Cusmir, City Clerk
Dated: ____________________________

ASB SOUTHPORT II LLC
By: _______________________________
Frank Andrews, Jr., Manager
By: _______________________________
Debra Russo, Manager
By: _______________________________
David Stroud, Manager
435
2343517.1 7203-364
Exhibit 1
Legal Description
436

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 17, 2023 ITEM # 10
SUBJECT:

CONSIDERATION OF RESOLUTION 23-34 ACCEPTING THE MAJORITY OF PUBLIC IMPROVEMENTS FOR SUBDIVISION NO. 5129, NEWPORT ESTATES UNIT 12 INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Candido Ramirez, Senior Civil Engineer
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to obtain acceptance of public improvements within Newport Estates Subdivision No. 5129, Unit 12.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-34, accepting public improvements within Newport Estates Unit 12, Subdivision 5129, including water, sewer, storm drain, streetlights, and roadway improvements, and excluding Community Facilities District (CFD) landscaping, irrigation, and street trees.

BACKGROUND
On July 14, 2021, the City Council passed Resolution 21-40, approving a final map for Subdivision 5129, Newport Estates 12. The final map was recorded in Yolo County Recorder’s office on August 4, 2021. At the time of approval of the map, the City and the project developer entered into a Subdivision Improvement Agreement (SIA) to ensure the satisfactory completion of all public improvements.

This item contemplates acceptance of certain public improvements which are currently ready for acceptance, including water, sewer, storm drain, streetlights, and roadway improvements (Required Improvement item 1a of the SIA). The developer has provided a one-year warranty bond which will be effective upon acceptance of improvements.

Landscaping and irrigation of the CFD area, and the street trees associated within Newport Estates Unit 12 (required Improvement items 1b and 1c of the SIA, respectively), have not been completed and are not ready for acceptance at this time.

ANALYSIS
All improvements under consideration have been completed to the satisfaction of the appropriate City Inspectors per the Subdivision Improvement Agreement and City Standards. The developer has requested that City Council accept said improvements and has submitted the required warranty securities.

Environmental Considerations
This project was subject to Mitigated Negative Declaration (MND), adopted May 21, 1998, which defined certain mitigation measures that were implemented during construction of the project. All applicable conditions and mitigation measures have been met for this subdivision map.

This project was analyzed under the General Plan 2035 Environmental Impact Report (EIR) which was adopted by City Council on November 16, 2016. Based on that analysis, the proposed project is within the scope of the General Plan 2035 EIR and no new environmental document was required, consistent with California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15168(c)(2).

Commission Recommendation
The original tentative map was approved by the Planning Commission on May 21, 1998. After constructing three phases of the subdivision, the developer processed a minor modification to the tentative map which was approved by the Planning Commission on September 4, 2003.

Strategic Plan Integration
Acceptance of the public improvements within this subdivision provides Quality City Infrastructure and Facilities to further the City’s vision of creating Vibrant Neighborhoods, and a Range of Quality Housing Choices. 437
Newport Estates Unit 12
May 17, 2023