City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01145 June 21, 2022
Title: Non-Professional Services Agreements: On-Call Streetscapes Maintenance and Repair Services (Two-Thirds Vote Required)
Location: Citywide
Recommendation: Pass a Motion: 1) finding that suspending competitive bidding is in the best interests of the City for On-Call Streetscapes Maintenance and Repair Services; 2) suspending competitive bidding; 3) authorizing the City Manager or the City Manager’s designee to execute initial one-year Non-Professional Services Agreements to provide landscape maintenance services on an as-needed basis with Parker Landscape Development, Inc. and New Image Landscape Company for a not-to-exceed amount of $200,000 for each contract; and 4) authorizing the City Manager or the City Manager’s designee to exercise options to extend the agreements for up to two additional one-year terms, with a total amount not-to-exceed $600,000 for each contract, provided there is sufficient funding available in the approved budgets for the applicable fiscal years.
Contact: Sheryl Farinias, Program Specialist, (916) 808-4959, [email protected]
; Jose Sanchez, Streets Manager, (916) 808-2254,
[email protected], Department of Public Works
Presenter: None
Attachments:
1-Description/Analysis
2-Non-Professional Services Agreement – Parker Landscape Development, Inc. 3-Non-Professional Services Agreement – New Image Landscape Company
Description/Analysis
Issue Detail: The Maintenance Services Division of the Department of Public Works has an ongoing need to maintain the landscaped and non-landscaped streetscapes along the city’s transportation corridors. The Division currently has 62 contracts to maintain specific geographically bounded areas of city streetscapes that are routinely bid and awarded on an annual basis. The Division also requires landscape maintenance and repair services that address short-term and one-time needs.
Policy Considerations: The recommendations in this report are consistent with AP-4101 – Procurement of Non-Professional Services. City Code section 3.56.230(c) authorizes the City Council to suspend competitive bidding for the purchase of services or supplies when, upon a two-thirds vote, the City Council determines it is in the best interest of the City to do so.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): Under the CEQA guidelines, continuing administrative or maintenance activities do not constitute a project and are therefore exempt from review.
Sustainability: The streetscape maintenance services purchased under this agreement will support the goals of the City of Sacramento’s Sustainability Master Plan by improving and optimizing the transportation infrastructure. Further, maintenance of the streetscapes contributes to the quality of life by promoting “greening” within the City.
Commission/Committee Action: None.
Rationale for Recommendation: Throughout the course of a year, several one-time requirements arise for short-term routine maintenance; weed abatement and special cleanup projects; irrigation system repair, removal, and/or replacement; application of pre-emergent, fertilizers, pesticides, and other chemical applications; and removal and/or replacement of plants and small trees in landscaped and non-landscaped areas along transportation corridors.
Establishing a pool of on-call contractors is the most cost-effective and efficient means of obtaining these services. Many of these individual projects are as small as $250 - $500 but require essentially the same time and effort from Staff for contract preparation and management as that of a $25,000 project. By awarding on-call agreements to the two contractors, Staff will only have to assign individual projects, as they arise, to one of the contractors. The Department of Public Works, with City Council approval, has previously established similar on-call agreements for streetscape maintenance and repair services which have worked well in meeting the City’s needs.
When a landscape maintenance or repair project is identified, each of the contractors will be required to submit a proposal for the completion of the project. Proposals will include price quotations for providing all materials, equipment, and labor necessary to complete the project, based upon crew rates and other quoted rates submitted by the contractor in their response to the Invitation for Bid. Staff will accept the individual proposal reflecting the lowest cost to the City and that is both responsive and responsible. Based upon Staff’s competitive process to assign work, each agreement will have a not-to-exceed amount of up to $200,000 per contract year.
On-Call Contractors will likely have multiple assignments throughout a given year. However, they will not be guaranteed any minimum number of assignments during the contract period.
There is a possibility that no services may be required by the City from an individual contractor during all or any portion of the contract term. Project requirements will be based upon the availability of funds and actual needs as they occur throughout the contract period. Annual on- call streetscapes maintenance and repair services expenditures average between $190,000 and $200,000.
On April 26, 2022, Invitation for Bid B22151681026 was issued for On-Call Streetscape Maintenance and Repair Services. On May 11, 2022, the City received two responsive and responsible bids.
Based upon the bid results below, Staff recommends award of a one-year non-professional agreement, with two optional one-year extensions to Parker Landscape Development, Inc. and New Image Landscape Company, the lowest responsive and responsible bidders.
B22151681026
On-Call Streetscapes Maintenance and Repair Services
The amounts reflected as "Repair Crew Rates" and “Material Mark-Up Rate” in the bid summary above were established solely for bid evaluation purposes and calculated based upon estimated annual requirements.
Financial Considerations: The amount of the initial one-year agreements will have a not-to- exceed amount of $200,000 per contract.
Parker Landscape
Development, Inc
New Image
Landscape Company
Repair Crew Rates $342,000 $323,000
Material Mark-Up Rate $350 $350
Bid Total $342,350 $323,350
Prompt Payment Discount $0 $0
Bid Evaluation Total $342,350 $323,350
The total amount of the agreements, with two optional one-year extensions, will have a combined not to exceed limit of $1,200,000.
Streetscapes maintenance services are funded primarily by fees from the Citywide Landscaping & Lighting District and 15 special districts.
There is sufficient funding available in the Fiscal Year (FY) 2022/23 Department of Public Works, Maintenance Services Division operating budget to support the projected maintenance requirements for FY2022/23. Extensions of the contracts in succeeding fiscal years shall be subject to funding availability in the adopted budgets of the applicable fiscal years.
Local Business Enterprise (LBE): Parker Landscape Development, Inc. and New Image Landscape Company are both LBEs.
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC001873
CONTRACT NAME: On-Call Street Maintenance and Repair
CONTRACT PROJECT #:
DEPARTMENT: Public Works
DIVISION: Maintenance Services
CITY OF SACRAMENTO
NONPROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
Parker Landscape Development. Inc.
6011 Franklin Boulevard
Sacramento, CA 95824
916-275-7044 / dmeier@@parkerland.biz
(“Contractor”), as of the Effective Date, as defined below.
The City and Contractor agree as follows:
1. Effective Date. This Contract shall be effective beginning July 1, 2022.
2. Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”):
Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work
Exhibit B – Payment
Exhibit C – Insurance
Exhibit D – General Conditions
Purchase Orders
If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control.
3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”).
Contractor will not be compensated for non-professional services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services : (a) Contractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.
Form Approved by City Attorney 9-1-2020 Page 2
City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable.
4. Payment. City shall pay Contractor at the times and in the manner set forth in Exhibit B.
Contractor shall submit all invoices to City in the manner specified in Exhibit B.
5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any.
6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.
7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.
8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage.
A summary of the requirements, entitled "Living Wage Requirements", can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Living Wage Ordinance is applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.58 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.58.
Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates.
10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process . A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62.
Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
11. Local Business Enterprise Program . The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") are applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.
Form Approved by City Attorney 9-1-2020 Page 4
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations.
[Signatures Page Following Exhibits]
Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1
EXHIBIT A
SCOPE OF SERVICES
1. Representatives.
The CITY Representative for this Agreement is:
Sheryl Farinias, Program Specialist
5730 24th Street, Building 9
Sacramento, CA 95822
916-808-4959 / [email protected]
The CONTRACTOR Representative for this Agreement is:
Dawnielle Meier
Parker Landscape Development. Inc.
6011 Franklin Boulevard
Sacramento, CA 95824
916-275-7044 / dmeire@@parkerland.biz
Unless otherwise provided in this Contract, a ll Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.
2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A.
3. Time of Performance. The Services described in this Contract shall be provided for one year, from July 1, 2022, through June 30, 202 3. The City may extend this Contract for up to two additional one -year term, for a maximum three-year term. Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1
EXHIBIT B
PAYMENT
1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 600,000. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.
2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.
3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.
4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal.
5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.
A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date an invoice is received, whichever occurs later.
B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to:
[email protected]
(2) Postal Mail. If emailing is not an option, mail to:
A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
C. All invoices submitted by CONTRACTOR must contain the following information:
(1) Job/Project Name
(2) CITY’s current Purchase Order Number
(3) Contractor’s Invoice Number
(4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
(6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (8) Itemized description of items billed under Invoice
(9) Itemized description of all authorized Reimbursable Expenses (10) Itemized description of all applicable taxes (sales, use, excise, etc.) (11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable)
D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.
E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading.
F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract.
6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.
7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completi on of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice.
8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section.
9. Public Works Requirements. [To be completed by the City Representative:]
The services provided under this Contract include [check one if applicable]:
________ Construction work in an amount exceeding $25,000;
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre -construction, construction, or post-construction phases of the project; or
___X____ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000.
If any of the lines is checked above , this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements:
A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with t he provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things , that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performin g any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract.
This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative.
B. DIR Registration : California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.
Further information can be found on DIR’s website at http://www.dir.ca.gov/Public - Works/Contractors.html. The above summary is provided so lely for informational purposes and does not in any way affect the Contractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The Contractor shall disseminate these provisions to all subcontractors.
Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.
C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.
D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.
E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.
F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.
G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub -agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1
EXHIBIT C
INSURANCE
1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.
3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non- owned and/or hired autos as appropriate to the operations of the Contractor.”
4. Excess Insurance . The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it.
5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City.
___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required.
___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation polic y will include a waiver of subrogation in favor of the City.”
6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions:
A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it.
B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.
C. Coverage shall state that Contractor's insurance applies separately to each insured
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.
7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract.
8. Verification of Coverage.
A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.
B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
C. Certificate Holder must be listed as:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
9. Subcontractor Insurance Coverage . Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor.
A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer -employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third p arty, including any state or federal agency, that an employer -employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract.
B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing.
C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor.
It is further understood and agreed that Contractor will issue W -2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors.
D. The provisions of this section will survive any expiration or termination of this Contract.
Nothing in this Contract creates an exclusive relationship between CITY and Contractor.
Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2
2. Licenses; Permits, Etc. Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract , including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State.
3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.
4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.
5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract.
Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent.
Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee.
6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances.
7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City.
Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent.
In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief.
8. Contractor Information.
A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: an y and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any fo rm of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.
B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon an y third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding . However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract.
C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, tha t, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information.
D. The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4
9. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract.
10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract . All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession.
Contractor shall assign only competent personnel to perform on its behalf un der this Contract.
Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member . I f the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice.
11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract.
12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during non- emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption
13. Term; Suspension; Termination.
A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.
B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.
C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice , Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract:
(1) Contractor shall, not later tha n five days after receipt of the notice, deliver all information prepared under this Contract to the City.
(2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furni sh to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.
15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense.
A. The Contractor agrees that the Goods and Services furnished under this Contract will be covered by the industry standard or better warranty.
B. Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract.
C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services.
D. City's inspections, approval, acceptance, or payment for all or part of any Goods and
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 Services will in no way affect City's warranty rights.
16. Indemnity.
A. Indemnity: Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor.
B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B., above.
C. Survival. The provisions of this section will survive any expiration or termination of this Contract.
17. Funding Availability.
A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.
B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.
C. This Section shall govern over any other contrary provision of the Contract.
18. Equal Employment Opportunity. During the performance of this Contract, Contractor, for itself,
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 its assignees and successors in interest, agrees as follows:
A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment ,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.”
B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.
D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including:
(1) Withholding of payments to Contractor under this Contract until Contractor complies;
(2) Cancellation, termination, or suspension of this Contract, in whole or in part.
F. Incorporation of Provisions: Contractor shall incl ude the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8
19. Entire Agreement. This Contract, includ ing all Exhibits and documents referenced herein , contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code.
20. Modification of Contract . The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract.
21. Severability. If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.
22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.
23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California , except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applica ble requirements of Underwriters Laboratories and the Federal Communication Commission.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9
27. Debarment Certification
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties th at are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspend ed, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;
(2) Has not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a three -year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.
(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.
B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.
C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.
D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administr ation for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason o f changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
Attachment 1 to Scope of Services Exhibit A
SECTION II – CONTRACT DOCUMENTS
B. TECHNICAL SPECIFICATIONS/PLANS/OTHER REQUIREMENTS
ON-CALL STREETSCAPES MAINTENANCE AND REPAIR
The City of Sacramento maintains over 5 40 acres of landscaped and non -landscaped medians and streetscapes along its transportation corridors. The City routinely bids and awards contracts to maintain specific geographically bounded areas of its streetscapes. However, the City also requires landscape maintenance and repair services to address short -term and one-time needs.
The City intends to make multiple awards to insure continuity of services, by selecting up to four on-call landscape maintenance contractors to complete streetscapes maintenance and repair projects, on an as needed basis.
Any contract(s) resulting from this Invitation for Bid shall be effective for a period not to exceed one year from the date of award. If mutually agreeable to both parties, this contract may be extended on a year-to-year basis; however, in no case shall the renewal extend beyond three (3) years from date of the award of the original contract. The Contactor shall be capable of performing all landscape maintenance and related services as outlined in the Technical Specifications and in conformance with the contract contained herein.
Streetscape maintenance and repair activities are funded by fees from the Citywide Landscaping and Lighting District and 16 special districts.
CONTRACTOR QUALIFICATIONS:
The work to be performed shall be by a licensed landscape maintenance contractor , insured and bonded to do business in the City of Sacramento. Contractor shall have at least seven (7) years actual experience in providing a wide-breadth of high-quality landscape maintenance services for commercial and/or governmental entities. Contractor shall demonstrate the breadth and quality of services offered by providing a minimum of ten (10) satisfactory large-scale commercial and/or government references.
Contractor must possess a valid State of California C27 Landscaping Contractor License, State of California Department of Pesticide Regulation Qualified Applicator License , State of California Agricultural Pest Control Business License , and City of Sacramento Business Operations Tax Certificate at the time the Bid Proposal is submitted to the City.
SCOPE OF WORK:
Contractor must provide all labor, material, tools, and equipment necessary to complete assigned landscape maintenance or clean up projects.
The type of work assigned will include, but not be limited to:
• short-term routine maintenance of landscaped and/or non -landscaped areas along transportation corridors;
• weed abatement and special one-time cleanup projects;
• irrigation system repair, removal, and/or replacement;
• plant and small tree removal and/or replacement and
• other projects resulting from a request for project proposal.
All work performed shall conform to the City of Sacramento Landscape Maintenance Services General Specifications and Provisions, LS 20 and the City of Sacramento General Specifications for Public Construction . Digital copies of these documents are available, upon request, from the Project Manager.
ASSIGNMENT OF WORK:
All work will be assigned on an as -needed basis and be based upon a process of soliciting competitive proposals.
When a landscape maintenance or repair project is identified, each of the on-call contractors will submit a proposal for the completion of the project. Proposals shall include price quotations for providing all materials, equipment, and labor necessary to complete the project , based upon crew rates and other quoted rates submitted by the contractor in response to this Invitation for Bid. The City will accept the individual proposal reflecting the lowest cost to the City, and that is both responsive and responsible.
All assigned maintenance and repair projects shall have prior writte n authorization from the City before any work is performed . If additional work is required , additional written approval from the City must be obtained before the additional work is performed.
Individual contractors are not guaranteed any minimum number of assignments during the contract period. It is possible that n o services may be required by the City from an individual Contractor during all or any portion of the contract term. Project requirements will be based upon the City’s availability of funds and actual needs as they occur throughout the contract period.
Availability and timely completion of assigned work are critical to the award and maintenance of this agreement. Failure to provide competitive proposals when requested, or provide timely services, shall be grounds for contract termination.
ASSIGNMENT LOCATIONS:
Citywide, s pecific location assignments will be provided when individual project proposals are solicited.
SAFETY AND TRAFFIC CONTROL:
The majority of streetscape maintenance and repair projects is performed either in or near the city’s rights -of-way and requires additional safety measures not normally associated with traditional landscape maintenance services. Contractor shall furnish and use proper advance warning signage, warning lights, and equipment in accordance with the California Manual of Temporary Traffic Controls for Construction and Maintenance Work Zones, 2018 Edition in order to protect their workers, the public, and property of others. To be incorporated into each bid if applicable.
Contractor shall conform to all rules and regulations of the California Occupational Safety and Health Act (CalOSHA.) Work shall be performed to all applicable safety rules and regulations. The Contractor is also advised that the City of Sacramento is a "Drug Free Zone."
MARKUP ON MATERIALS:
Contractor shall be allowed to increase the cost of any materials pre-approved by the City for replacement, or installation equal to an agreed upon percentage. Reimbursable expenditures for materials shall be limited to actual expenditures of Contractor for materials that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
Percentage markup shall not be used for dump fees, equipment rentals, or any other non - material items. Contractor, upon request by City, will provide itemized price lists and all receipts for materials purchased.
SPECIAL REQUIREMENTS:
1. Contact During Normal Hours . For the term of the contract, Contractor shall maintain a telephone and voicemail/answering machine that will enable the City to contact the Contractor during normal work hours – cellular phones are acceptable. Contractor must respond to any message left by City by not later than the end of the next business day.
2. Emergency Contact. For the term of the contract, Contractor shall maintain an emergency point of contact , who will be accessible by telephone and voicemail/answering machine that will enable the City to make contact with the Contractor after normal work hours and on weekends and holidays – cellular phones are acceptable. Contractor must respond to any message left by City within one (1) hour.
CONTRACT PERIOD:
Any contract resulting from this Invitation for Bid shall be effective from the date of award through midnight, June 30, 2023, with options to extend for up to two additional years, with all terms and conditions remaining the same. Extensions shall be by mutual consent, in writing.
INSURANCE AND BOND REQUIREMENTS:
Insurance requirements are as outlined in Item 4, above, of this Invitation for Bid.
PRICING:
When a landscape maintenance or repair project is identified, each of the pre -approved contractors will submit a proposal for the completion of the project. All maintenance and repairs performed shall be completed at the quoted labor rate s and, in addition, authorized mat erials provided by the Contractor shall be priced in accordance with the discount quoted in the Pricing Schedule. Proposals shall be all-inclusive, no surcharges or additional costs will be allowed. The City will accept the individual proposal reflecting the lowest cost to the City, and that is both responsive and responsible.
The prices quoted to the City shall be as low as, or lower than those charged the Contractor's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment.
The bid items listed on the Pricing Schedule are for evaluation purposes only. The quantities and items specified are estimates only of the City's requirements. Contractor agrees to furnish mor e or less than the estimates at the unit prices quoted in accordance with availability of funds and actual needs as they occur throughout the contract period.
Unplanned and/or emergency work, conducted on hourly basis, outside of normal work hours is calculated at the "Overtime" rate of 1.50 x quoted rate. This section does not apply to quotes provided as part of a project proposal.
COOPERATIVE PURCHASING:
If mutually agreeable to both parties, the use of any result ing contract may be extended to oth er government agencies. It shall be understood that all terms and conditions as specified herein shall apply. The City of Sacramento will not be an agent, partner or representative of any other government agency as it relates to this specification and is not obligated or liable, including, but not limited to, payment for an order placed by any other government agency.
DISMISSAL OF UNSATISFACTORY EMPLOYEES:
The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise un satisfactory, that employee shall be removed from all work under this contract.
DRUG-FREE WORKPLACE POLICY:
The City of Sacramento is committed to providing a safe workplace for its employees and citizens alike. An essential part of this commitment is k eeping the work environment free from drugs. In 1989, to assist in the achievement of this end, the City established a Drug -Free Workplace Policy.
As a contractor doing business with the City, it is expected that your firm will also implement a drug-free policy that informs your employees of the dangers and prohibition of drug abuse and that you will join with the City in maintaining a drug-free workplace.
If, in the performance of work under this contract, any employee of the Contractor exhibits unacceptable behavior that may be related to use of drugs or alcohol, the City reserves the right to discuss the employee's behavior with the Contractor. If the unacceptable behavior persists, the City may require that the employee be removed from all work under this contract.
MODIFICATION OF CONTRACT:
The City may order changes in the work herein required and may order extra work in connection with the performance of the contract and the Contractor may comply with such orders, except that:
A. If changes in requirements or materials are of such a nature as to increase or decrease the cost of any part of the work, the price fixed in the contract will be increased or decreased by such amount as the Contractor and the Project Manager may agree upon as the reasonable and proper allowance for the increase or decrease in the cost of work.
B. No order for any alteration, modification, or extra work which will increase or decrease the cost of the work shall be valid unless the resulting increase or decrease in price sha ll have been agreed upon in writing and approved by the Project Manager. No oral statement of any person whomsoever shall in any manner or degree modify or otherwise affect the terms of this contract, including the requirements of the specifications.
USE OF SUBCONTRACTORS:
No portion of the work or services, except for the purchase of necessary goods and materials, to be supplied hereunder may be subcontracted in whole or in part, nor assigned by the contractor, nor may assignment of any money due or to become due the Contractor under this nonprofessional services agreement be made without the prior written consent of the City.
Where authorized by the City, the Contractor shall select all subcontractors and suppliers on a competitive basis to the maximum practicable extent consistent with the objectives and requirements of the nonprofessional services agreement.
LANDSCAPE PRACTICES FOR SUSTAINABILITY
Contractors providing landscape maintenance service for the City are encouraged to employ sustainable landscape management practices, whenever practicable, including but not limited to, integrated pest management, plant material-cycling, low water volume irrigation, composting and use of mulch and compost.
All irrigation shall be in compliance with the City Water Ordinance, see Attachment A6 in LS20, for a copy of
the ordinance.
Lawn mowi
ng shall be done to
a mi
nimum height of two (2) inches, using a mulching type mower.
Bark mulch m
aybe supplied by the City’s Urban Forest from their operations. In this case, the Contractor shall provide the labor only for possible pick up, delivery and spreading of the mulch.
Whenever possible, debris as a result of plant material clean up, weed removal or pruning shall be taken to a recyclable green waste facility.
Replacement plants for existing areas; Contractor shall provide suggestions to minimize waste by choosing species that are appropriate to the micro-climate species that can grow to their natural size in the space allotted them. Native and drought tolerant plants that require no or minimal watering once established are preferred
B22151681005
STANDARD WATER QUALITY SPECIFICATIONS
Water Quality Control
These requirements consist of regulati
ons contained in the National Pollution Discharge Elimination System (NPDES) Stormwater Permit issued to the City.
1. Dust Control
The Contractor shall comply with all City and County of Sacramento air pollution control rules, regulations, ordinances, and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances, and statutes, specified in the Government Code. The Contractor shall be responsible for the control of dust within the limits of the project at all times including weekends and holidays in addition to normal working days. The Contractor shall take whatever steps are necessary or required by the Engineer to eliminate the nuisance of blowing dust without causing sediment, debris or litter to enter the City storm drain system.
2. Erosion, Sediment, and Pollution Control
The Contractor shall be responsible for controlling erosion and sedimentation within the limits of the project at all times during the course of construction including evenings, weekends and holidays in addition to normal working days. The Contractor shall prevent sediment and construction debris from entering the City storm drain system.
The Contractor shall provide the following
erosion, sediment, and pollution control Best Management Practices (BMPs) when and where applicable (also see attached details):
1. Filter Bags in and Gravel bags around any stor
m drain inlets which receive runoff from
the limits of the construction zone, including storage and staging areas. Alternative storm drain inlet protection BMPs can be used with approval of the Engineer.
2. Covering of material piles and/or gravel berm (or approved equal) around material piles as required to prevent migration of material to gutters or storm drains.
3. Gutter flow lines are to be kept unimpeded and free of soil, debris and construction materials at all times.
4. Stabilized construction entrance at any soil to concrete/asphalt interface used by Contractor vehicles and equipment.
5. Silt fences, fiber rolls or approved equal at any soil to concrete/asphalt interface at which soil may be washed onto the concrete/asphalt.
Wash water, slurry and sediment from concre
te or asphalt saw cutting operations shall
not be allowed to enter the City storm drain system, but instead must be collected and disposed of, by the Contractor, in some manner approved by the Engineer.
The Contractor is required to implemen
t, at a minimum, the following housekeeping
practices: site cleanup, solid waste management, material storage and delivery area, concrete waste management, and spill prevention and control.
6. Site Cleanup: The Contractor shall keep the proj
ect site clean and free of dust, mud,
and debris resulting from the Contractor's operations. Daily clean up throughout the project shall be required as the Contractor progresses with the work. Extra precautions and clean up efforts shall be made prior to weekends and holidays.
B22151681005
Standard Water Quality Specifications
Daily or as needed, all paved areas within the limits
of the project shall be cleaned
and free of sediments, asphalt, concrete and any other construction debris. The Contractor will not be allowed to clean sediment and debris from the street by using water to wash down streets. The streets will be allowed to be washed only after the streets have been thoroughly swept and/or vacuumed and inlet protection has been placed at all storm drain inlets to catch any remaining sediments from the streets.
Spillage of earth, gravel, concrete, asphal
t, or other materials resulting from hauling
operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. If site is not kept sufficiently clean the City will take measures to clean it and back charge the Contractor.
7. Solid Waste Management: Contractor shall mai
ntain a clean construction site.
Contractor shall provide designated areas for waste collection. The waste collection areas shall be leak-proof containers with lids or covers. Site trash shall be collected daily and placed in the disposal containers. The Contractor shall make arrangements for regular waste collection. The Contractor shall also regularly inspect the waste disposal areas to determine if potential pollutant discharges exist.
8. Material Storage and Delivery Area: Contract
or shall provide one central material
storage and delivery area (MSDA) for the duration of the project. This area shall be protected such that runoff will not be allowed to leave the MSDA site. The Contractor shall regularly inspect the MSDA site to ensure that any hazardous or non-hazardous materials have not spilled.
9. Concrete Waste Management: The Contractor s
hall arrange for concrete wastes to be
disposed of off-site or in one designated on-site area. Concrete wastes, including left- over concrete and material from washing out the concrete truck, shall not be disposed or washed into the storm drain system . If a designated on-site area is provided, the site shall be bermed to allow the concrete to dry. The dried concrete waste shall be removed and disposed of properly by the Contractor at his expense.
10. Spill Prevention and Control: The Contractor shal
l be responsible for instructing
employees and sub-contractors about preventing spills of hazardous materials, including equipment fuel, and controlling spills if they occur. Proper spill control and cleanup materials and procedures shall be kept on site near the storage and equipment fueling areas and updated as materials change on site. Contractor will be held strictly responsible for the prevention, clean-up and consequences of any hazardous materials spills.
Throughout the duration of the project the Contractor wi ll be required to inspect and
maintain, in effective condition, all erosion, sediment, and pollution control BMPs before and after each storm event and as needed. The contractor shall immediately correct or replace any ineffective BMPs.
More information about control measures and housekeeping practices can be obtained by
referring to the City of Sacramento's Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control available at 1395 35th Avenue, Sacramento, CA 95822.
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Standard Water Quality Specifications
The Contractor shall prepare and submit an
erosion, sediment and pollution control plan (ESC
Plan) to the Engineer for review, (Note to project manager: section number may vary. Revise as needed.) per Section I, Review of Contractor's Information, of these Special Provisions. The submittal shall include a description of all eros
ion, sediment and pollution control BMPs
proposed to be used to prevent sediment and other sources of pollution from entering the City storm drain system as well as a site plan showing their placement. The ESC Plan shall be submitted a minimum of 48 hours prior to start of the work. The Contractor will not be allowed to begin work until an accepted ESC Plan is on file with the Engineer. The erosion, sediment and pollution control plan shall be updated as necessary and re-submitted to the Engineer.
3. Enforcement
Per City Code Sections 15.88, 13.16 and 1.28, the Contractor shall be subject to Notices of Violation (NOVs) resulting in possible Stop Work Orders and Administrative Penalties of up to $4,999 per day for non-compliance of this section of the Special Provisions.
Per the State’s Porter Cologne Water Qual
ity Act, the Contractor shall also be subject to inspection by Staff from the Central Valley Regional Water Quality Control Board who have the authority to issue Notices of Violation (NOVs) and Penalties of up to $10,000 per day for non-compliance. The Contractor shall be liable for any fines issued to the project by the State or Federal Government for NPDES non-compliance due to Contractor negligence.
The City reserves the right to take corrective action and withhold the City’s costs for corrective action from progress payments or final payment in accordance with Section 7, Retention of Sums Charged against the Contractor, of the Agreement.
Any fines, including third-party claims, levied against the Agency as a result of Contractor’s non-
compliance are the Contractor’s
sole responsibility and will be withheld from progress payments or final payment i
n accordance with Section 7, Retention of Sums Charged against the Contractor, of the Agreement.
B22151681005
ADMINISTRATIVE PENALTIES ORDINANCE FOR
ADVANCE WARNING SIGNAGE
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.20 CLOSURE OF PRIMARY STREETS FOR CONSTRUCTION
12.20.010 Definitions.
The following terms used in this chapter shall have the meanings s et forth below:
“City working hours” means 7:00 a.m. to 6:00 p.m., Monday through Friday, legal
holidays excepted.
“Director” means the director of public works or utiliti es departments of the city of
Sacramento or his or her authorized representative(s).
“Emergency repairs” means repairs to a utility facility located in or adjacent to a primary
city street that must be performed immediately when the necessity arises to safeguard life or property or maintain continued operation of the facility. “Facility” means a marked or otherwise identified underground or existing above-ground
improvement or structure.
“Known facility” means any facility that can be observed vis ually, is marked correctly in
the field or is shown correctly on any contract, plan or permit document. “Person” means any person, firm, company or governmental agency , including any
person performing work under a contract between the person and the city. “Public Easement” means any easement or right-of-way owned or control led by a public
agency or by a public utility.
“Traffic engineering services office” means the of
fice responsible for providing traffic
engineering services for the public works department of the city of Sacramento, 1000 I Street, Suite 170, Sacramento, CA., phone (916) 264-5307, fax (916) 264-8404. “Work” means all work performed under a notice to proceed for a private development
project, a capital improvement project or other contract with the city or for which a revocable permit, encroachment or excavation permit or temporary street closure permit is required.
Work also means all work performed without one or more of the aforementioned permits or authorizations, but for which one or more of the aforementioned permits or authorizations are required. (Ord. 2002-004 § 1, 2002; Ord. 98-002 § 2 (part): prior code § 25.04.069)
12.20.020 Closure of streets for work—Traffic control plan.
A. Except when performing emergency repairs, no person shall perform any work that will obstruct vehicular or pedestrian traffic on a city street unless a traffic control plan has been approved by the director.
B. Emergency repairs that obstruct vehicular or pedestrian traffi c on a city street,
shall be reported to the traffic engineering services office not later than one hour after the need for the emergency repairs is determined. If the emergency repairs obstruct vehicular or B22151681005
pedestrian traffic on a city street outside of city working hours, the city tr affic engineering
services office shall be notified of the closure or obstruction not later than nine a.m. on the next working day.
C. All work requiring a traffic control plan shall conform to the conditions and
requirements of the approved plan.
D. Where a traffic control plan is required, the approved plan must be available at
the site for inspection by the director during all work.
E. If the director determines that actual traffic conditions under the approved plan are hazardous to public safety, the director may requi re the plan to be immediately
modified. If the hazardous conditions cannot be eliminated by plan modification the director may require work under the plan to be stopped, a nd the plan suspended, until the safety hazard is remedied. (Ord. 2002-004 § 2, 2002:
Ord. 98-002 § 2 (part): prior code
§ 25
.04.069- 1)
12.20.030 Traffic control plan—Requirements.
A. Application. Befor
e approving a traffic control plan, the director shall require a written submission of a proposed traffic control plan that includes the following information:
1. The name and business address of the applicant.
2. A diagram showing the location of the proposed work area.
3. A diagram showing the location of areas where the public right-of-way will be
closed or obstructed.
4. A diagram showing the placement of traffic control devices nec essary to
perform the work.
5. The proposed phases of traffic control.
6. The time periods when the traffic control will be in effect.
7. The time periods when work will prohibit access to private propert y from a
public right-of-way.
8. A statement that the applicant will comply with the city’s noi se ordinance
during the performance of all work.
9. A statement that the applicant understands that the plan may be modified by
the director at any time in order to eliminate or avoid traffic conditions that are hazardous to the safety of the public.
B. Upon receiving a complete proposed traffic control plan, the director shall either
approve, approve with modifications or disapprove the plan.
C. If the work to be performed under the approved traffic control plan is not
commenced and completed within the times specified in the plan, the plan shall be deemed to B22151681005
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12.20.040 Maintenance of construction areas.
A. No person performing work shall cause any public right-of-way, public street, public property or public easement to be covered with construction related trash, debris, garbage, waste material or soil. Public rights-of-way, public streets, public property and public easements affected by work must be cleaned to the satisfaction of the director prior to re- opening these areas to the public.
B. Trench plates shall not be utilized for more than three calendar days in one
location and temporary surfacing shall not be utilized for more than five calendar days in one location without prior written approval of director. (Ord. 2002-004 § 4, 2002)
12.20.050 Repair of traffic control systems.
All persons performing work shall repair or replace, to previous condition or better, all existing traffic control system markers or devices
that are damaged or destroyed during work
within three calendar days of the completion of work in the immediate area unless written direction extending the time period or relieving the persons performing work of this obligation is provided by the director. (Ord. 2002-004 § 5, 2002)
12.20.060 Care of existing known facilities.
All persons performing work shall take reasonable precautions not to damage or destroy existing known facilities. (Ord. 2002-004 § 6, 2002)
12.20.070 Public notification of work.
All persons performing work shall conform to any public notification requirements included in the permit, contract documents, or approved plans. If notification is required, at a
minimum, persons performing work shall notify residents and businesses immediately adjacent to the project work in writing two working days in advance of beginning work. The notice shall be approved by the director, shall describe the work to be performed, the anticipated duration of construction, and the name and daytime telephone number of the person performing the work. (Ord. 2002-004 § 7, 2002)
12.20.080 Violation—Administrative pen alties.
A. Administrative Penalties. The director may issue an order imposing an administrative penalty to any person violating any provision of this chapter.
1. Notwithstanding any contrary provision of this code, each day a violation
of the following code provisions occurs shall constitute a separate violation, and shall be subject to a separate penalty:
a. Section 12.20.020(B).
b. Section 12.20.020(D).
c. Section 12.20.040.
d. Section 12.20.050.
have expired, and shall be void, and a new plan shall be required prior to commencing or continuing work. (Ord. 2002-004 § 3, 2002: Ord. 98-002 § 2 (part): prior code § 25.04.069-2) B22151681005
e. Section 12.20.060.
f. Section 12.20.070.
2. Notwithstanding any contrary provision of this code, each fifteen (15) minute p
eriod that a violation of the following code provisions occurs shall constitute a separate violation, and a separate administrative penalty may be imposed for each violation:
a. Section 12.20.020(A).
b. Section 12.20.020(C).
3. The administrative penalty for each violation of any provision of this chapt
er shall be one thousand dollars ($1,000.00). Violations of a specific section of this chapter by the same person occurring during the same work but located in different blocks or located in the same block but occurring on different days or at different times on the same day shall constitute separate violations for which separate administrative penalty orders may be issued.
4. If a person performing work under a contract between the person and the city viol
ates any provision of this chapter, the city may deduct the amount of any administrative penalties imposed hereunder from any funds otherwise payable to the person under the contract.
5. In addition to the aforementioned penalties, the city may withhold iss uance
of permits for encroachment or excavation in a city street (issued pursuant to Chapter 3.76 or Chapter 12.12 of this code) to any person receiving a final administrative penalty order for a violation of any specific provision of this chapter three times within a two year period; the city may withhold issuance of permits for a period of not longer than two years after said administrative penalty orders are final. Multiple administrative penalty orders issued for continuing violations occurring on the same calendar day shall be considered one administrative penalty order for purposes of this section.
B. Imposition of the Administrative Penalties. The administrative penalty order shall
be imposed in accordance with the provisions of Section 1.28.010 of this code, and shall contain the following:
1. The name and address of the violating party, if known;
2. The location, date and time of the violation;
3. A description of the act(s) or condition(s) violating this chapter;
4. The amount of the administrative penalty, with instructions for submi tting
payment to the city;
5. A statement indicating that the administrative penalty may be appealed, in accordance with the provisions of Section 1.28.010(D)(4) of this code, by filing a written B22151681005
6. A statement indicating that the order imposing the administrat ive penalty
shall be final if it is not appealed within the time required;
7. A statement indicating that a party upon whom a final adminis trative
penalty has been imposed may seek review of the order imposing the penalty pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6. notice of appeal with the city clerk no later than twenty (20) days after the order is issued to the violator;
B22151681005
01170 - 1 COVID-19 SAFETY REQUIREMENTS
SECTION 01170
NOVEL CORONAVIRUS (COVID-19) SAFETY REQUIREMENTS
PART 1 - GENERAL
1.01 SUMMARY
A. Section Includes: COVID-19 safety requirements to address the COVID-19 epidemic, including without limitation any requirements imposed by federal, state, and local guidelines and orders or those necessary for performance of work safely.
B. These COVID-19 safety requirements are not all encompassing and may need to be modified by the Contractor for individual construction tasks and updated as the COVID-19 epidemic evolves.
C. The Contractor and all its sub-tier level subcontractors and suppliers shall account in their Bid and sub-bids for all cost impacts whether affecting labor (including, but not limited to obtaining qualified workers, quantity of workers, as well as their productivity), deliveries, supervision, testing and/or procurement of materials and/or equipment and time caused by any COVID-19 safety requirements, including without limitation those found in this Section 01170 and also all public health and governmental directives in place at the time Bids are received by the City for this Project.
D. Related Sections:
1. Section 00200 – Instructions to Bidders
2. Section 00700 – General Conditions
3. Section 01145 – Use of Site
4. Section 01160 – Site Safety Requirements
5. Section 01330 – Submittal Procedures
1.02 COVID-19 EXPOSURE PREVENTION, PREPAREDNESS, AND RESPONSE PLAN A. Contractor’s Responsibility
1. The Contractor shall prepare a COVID-19 Exposure Prevention, Preparedness and Response Plan (a “COVID-19 Plan”) specific to this Project that describes how to prevent worker exposure to coronavirus; protective measures to be taken on the jobsite; personal protective equipment and work practice controls to be used; cleaning and disinfecting procedures; and procedures to follow if a worker shows symptoms of COVID-19 illness or tests positive for COVID-19.
In addition to any governmental or other guidance available at the time of Bid submission, the Contractor should review OSHA COVID-19 Workplace Safety Guidance documentation, such as:
https://www.osha.gov/Publications/OSHA3990.pdf, as a resource in preparation of its COVID-19 Plan. Other reliable and current sources of COVID-19 information can be found from:
B22151681005
01170 - 2 COVID-19 SA FETY REQUIREMENTS
The California Department of Public Health (CDPH, State), including without limitation, guidance such as::
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/nCOV201
9.aspx
The federal Centers for Disease Control and Prevention (CDC, National), including without limitation, guidance such as:
http://www.cdc.gov/coronavirus/novel-coronavirus-2019.html The Sacramento County Public Health Department, including without limitation, guidance found here: https://www.saccounty.net/COVID-19/Pages/default.aspx
2. The Contractor’s COVID-19 Plan shall at a minimum address the following
COVID-19 safety guidelines:
a. COVID-19 Employee and Visitor training and check-list before entering worksite.
b. Employee distancing and strategies to maximize distancing when possible.
c. Limitations on gathering size.
d. Personal Protective Equipment (PPE) requirements.
e. Identification of “choke points” and “high risk areas” such as hallways, hoists and elevators, break areas and vehicles.
f. Staggering trades and modification of work schedules to reduce worker density to maximize distancing opportunities.
g. COVID-19 employee good personal hygiene measures.
h. Disinfection and cleaning requirements.
i. Personal prevention actions requirements for all employees. j. Toolbox and Tailgate COVID-19 employee training.
k. Recognition of COVID-19 Symptoms.
l. Procedures for COVID-19 exposure and notification to others who were at the Site.
m. Daily screening protocols for arriving workers and visitors to ensure potentially infected workers and visitors do not enter the Site. n. Maintenance of daily attendance logs of all workers and visitors who enter the Site.
3. Also, as part of this Plan, the Contra ctor shall draft and implement a COVID-19 Code of Safe Practices that is posted in areas visible to all employees and visitors.
4. The Contractor shall be prepared at each Progress and Coordination Meeting, if requested by the Construction Manager, to provide information relevant to the application, enforcement, and implementation of the Code of COVID-19 Safe Practices.
5. All Contractor managers and supervisors (from forepersons to project managers) must be familiar with the COVID-19 Plan and be ready to answer questions from employees, subcontractors, suppliers and visitors. Managers and supervisors must set a good example by following the COVID-19 Plan at all times. This involves practicing good personal hygiene and jobsite safety B22151681005
01170 - 3 COVID-19 SAFETY REQUIREMENTS
practices to prevent the spread of the virus. Managers and supervisors must encourage this same behavior from all employees, subcontractors, suppliers and visitors.
6. The Contractor shall immediately notify the Construction Manager if any person under the Contractor’s control on this Project has tested positive for COVID-19.
1.03 SUBMITTALS
A. The following information shall be provided in accordance with Section 01330, Submittal Procedures, after the Award of Contract and before any work begins at the Site:
1. COVID-19 Exposure Prevention, Perparedness and Response Plan.
2. COVID-19 Code of Safe Practices.
B. To the extent that there are material amendments or modifications made to any of the above plans or practices during the performance of the Work, the Contractor shall provide to the City as soon as practicable the amendments and shall post an amendments to the Code of Safe Practices to all employees and visitors who enter the Site.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
**END OF SECTION**
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B22151681005
ARTICLE 1 ― COSTS OF NOVEL CORONAVIRUS (COVID-19) SAFETY REQUIREMENTS
1.01 Given the coronavirus (COVID-19) epidemic, each Bidder must understand that the means and methods of construction, and the ways of doing business, have been materially impacted and changed (at least for the foreseeable future). These impacts and changes relate to social distancing, ability to perform at the pace previously performed, personal interaction of workers, implementation of increased safety measures, and a myriad of other impacts to construction operations. Heightened measures to protec t persons from illness and the adoption and implementation of many new and more intensive practices will make the performance of construction work different and more challenging.
1.02 It is the intent of the City, by including the previous paragraph, as well as Section 01170, Novel Coronavirus (COVID-19) Safety Requirements, to alert all Bidders for all aspects of this Project, that they are to include in their Bids all known and reasonably estimated COVID-19 costs and impacts to the ability to obtain goods and materials required, as well as labor to perform the Work. Further, all costs for all of these and other aspects of the project, including supervision, temporary facilities, incidentals, testing, QA/Q C, etc. (this listing is intended to be illustrative and not comprehensive) shall be evaluated by each Bidder so its Bid submitted to the City includes all such potential costs in recognition of the foregoing and subsequent notices in this and other sections of the Contract Documents.
1.03 Each Bidder is to critically appraise and ev aluate the reasonably anticipated costs and time impacts, if any, which may need to be accounted for in light of the COVID–19 pandemic and all governmental directives and requirements, and commercial impacts, arising therefrom.
1.04 It is the responsibility of each Bidder to alert all Sub-Bidders (potential subcontractors and suppliers of every tier and trade) to also fa ctor in the above-referenced COVID-19 cost and time impacts, if any, into their sub-bids to Bidders for all aspects of the Project.
1.05 By submitting a Bid for this Project, each Bidder represents to the City that it included in its Total Bid Price all cost impacts, whether affecting labor (including, but not limited to obtaining qualified workers, quantity of workers, as well as their productivity); deliveries; supervision; testing; procurement of materials or equi pment; and time caused by COVID-19 safety requirements found in Section 01170 and all public health and governmental directives in place at the time Bids are received by the City for this Project. Furthermore, each Bidder recognizes it will not be entitled to a change order granting a COVID-19 related time extension or for any COVID-19 related increased costs, which arise from Section 01170, Novel Coronavirus (COVID-19) Safety Requirements or from any public health or governmental directives in place at the time Bids are received by the City for this Project.
B22151681005
Date: 7/1/2014 Author: Streetscape Maintenance Project: TYPICAL TEMPORARY TRAFFIC CONTROLS FOR WORK ON MEDIANS Comments:
Typical temporary traffic control placement for streetscape maintenance work on medians, with no lane closure. Placement of cones must preserve a minimum lane width of at least 10 feet. All work must be contained to median, workers are not to step into traffic lanes. Actual placement of signs and cone spacing will be dictated by traffic volume, speed, and other factors. Refer to CA MUTCD.
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B22151681005
Date: 7/1/2014 Author: Streetscape Maintenance Project: TYPICAL TEMPORARY TRAFFIC CONTROLS FOR WORK ON SIDE OF ROAD Comments:
Typical temporary traffic control placement for streetscape maintenance work on side of road, with no lane closure. All work must be contained to side of road, workers are not to step into traffic lanes. Actual placement of signs and cone spacing will be dictated by traffic volume, speed, and other factors. Refer to CA MUTCD.
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B22151681005
Attachment 1 to Payment Exhibit B
1200 hrs. $ 110. 00 $ /32 1000
700 hrs. $
700 hrs. $ Ç. 0 0 $ 5 /C i 6-DO
SECTION III — BIDDER RESPONSE DOCUMENTS
G. PRICING SCHEDULE
ON-CALL STREETSCAPES MAINTENANCE AND REPAIR
In compliance with the Specifications and Scope of Work, and the Contract Documents, the bidder hereby proposes to furnish all required labor, materials, supervision, transportation, equipment, services, taxes and incidentals required for Streetscape Maintenance and Repair Services.
The City of Sacramento intends to select up to five pre-approved contractors to provide landscape maintenance and repair services along the City's transportation corridors. Any contract(s) resulting from this Bid shall be effective from the date of award, through June 30, 2023. If mutually agreeable to both parties, this contract may be extended on a year-to-year basis; however, in no case shall the renewal extend beyond three (3) years from date of the award of the original contract. The Contactor shall be capable of performing all landscape maintenance and repair services as outlined in the Scope of Services and in conformance with the contract contained herein.
1. All bids shall be based upon the scope of services in accordance with the provisions and specifications contained herein.
2. The work to be done in strict conformity with the Specifications and Scope of Work, the Contract Documents, and the City of Sacramento Landscape Maintenance Services General Specifications and Provisions, LS20.
3. Pricing shall be all inclusive. No surcharges or additional costs will be allowed.
Contractor shall be paid for the performance of services on an hourly rate, as quoted below.
ITEM DESCRIPTION
ESTIMATED
ANNUAL
REQUIREMENT PER HOUR RATE EXTENDED COST
1. Landscape Laborer (to be quoted as a
2-person crew, not individually)
Provide general gardening services, as
required, i.e. plant and tree
replacement, special cleanups, pruning,
etc.
2. Irrigation Technician Provide repair for
irrigation valves, solenoids, controllers,
laterals, and sprinkler replacement.
3. Plumber Provide repairs to main lines,
underground utility, and backflows.
Sub-Total for Crew Rates $ 2. 3i 000
SECTION III — BIDDER RESPONSE DOCUMENTS
G. PRICING SCHEDULE (continued)
4. Operators heavy or large
equipment operator as defines
by trade through the DIR under
projects.
700 hrs $ 110 $ /gi 000
Sub-Total for Crew Rates $ //7,
ITEM DESCRIPTION
ESTIMATED
ANNUAL
EXPENDITURES % MARK-UP MARK-UP
5. Mark-Up on materials
Percentage increase over the
best/lowest cost, including Contractor
discounts, paid by Contractor for
materials approved for replacement or
installation.
350
Sub-Total for Mark-Up $ 350'
$7000.00 5
BID TOTAL (Crew Rates + 5% Mark-Up) $ 31-/2 / 3 5-0
PRICING SCHEDULE NOTES:
Services will be provided on an as-needed basis. Services required by the City will be based upon availability of funds and actual needs as they occur throughout the contract period. Estimated annual requirements and quantities listed on the Pricing Schedule are based on the most recent historical usage and are subject to increase or decrease. No services may be required by the City from the Contractor during all or any portion of the contract term.
The hourly labor rates quoted must be all inclusive. Bids will be based on an hourly rate, based upon the time the Contractor begins work on site. Cost for travel time should be built in to the hourly rate that is bid. No surcharges or additional costs will be allowed.
In determining the amount bid by each bidder, the City shall disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the Bid Proposal. When such a mathematical error appears on the face of the Proposal, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures.
When an item price is required to be set forth in the Bid Proposal, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Project Manager's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bidding procedure. The total paid for each Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC001872
CONTRACT NAME: On-Call Streetscapes Maintenance and Repair CONTRACT PROJECT #:
DEPARTMENT: Public Works
DIVISION: Maintenance Services
CITY OF SACRAMENTO
NONPROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
New Image Landscape Company
3250 Darby Common
Fremont, CA 94539
510-226-9191 / [email protected]
(“Contractor”), as of the Effective Date, as defined below.
The City and Contractor agree as follows:
1. Effective Date. This Contract shall be effective beginning July 1, 2022.
2. Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”):
Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work
Exhibit B – Payment
Exhibit C – Insurance
Exhibit D – General Conditions
Purchase Orders
If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control.
3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”).
Contractor will not be compensated for non-professional services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services : (a) Contractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.
Form Approved by City Attorney 9-1-2020 Page 2
City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable.
4. Payment. City shall pay Contractor at the times and in the manner set forth in Exhibit B.
Contractor shall submit all invoices to City in the manner specified in Exhibit B.
5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any.
6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.
7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.
8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage.
A summary of the requirements, entitled "Living Wage Requirements", can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Living Wage Ordinance is applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.58 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.58.
Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates.
10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process . A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62.
Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
11. Local Business Enterprise Program . The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") are applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.
Form Approved by City Attorney 9-1-2020 Page 4
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations.
[Signatures Page Following Exhibits]
Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1
EXHIBIT A
SCOPE OF SERVICES
1. Representatives.
The CITY Representative for this Agreement is:
Sheryl Farinias, Program Specialist
5730 24th Street, Building 9
Sacramento, CA 95822
916-808-4959 / [email protected]
The CONTRACTOR Representative for this Agreement is:
Russell Takehara, General Manager
3250 Darby Common
Fremont, CA 94539
510-226-9191 / [email protected]
Unless otherwise provided in this Contract, a ll Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.
2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A.
3. Time of Performance. The Services described in this Contract shall be provided for one year, from July 1, 2022, through June 30, 2023. The City may extend this Contract for up to two additional one -year term s, for a maximum three-year term. Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1
EXHIBIT B
PAYMENT
1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 200,000. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.
2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.
3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.
4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal.
5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.
A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date an invoice is received, whichever occurs later.
B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to:
[email protected]
(2) Postal Mail. If emailing is not an option, mail to:
A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
C. All invoices submitted by CONTRACTOR must contain the following information:
(1) Job/Project Name
(2) CITY’s current Purchase Order Number
(3) Contractor’s Invoice Number
(4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
(6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (8) Itemized description of items billed under Invoice
(9) Itemized description of all authorized Reimbursable Expenses (10) Itemized description of all applicable taxes (sales, use, excise, etc.) (11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable)
D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.
E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading.
F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract.
6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.
7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completi on of performance, Contractor shall maintain all account ing and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice.
8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation here under, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section.
9. Public Works Requirements. [To be completed by the City Representative:]
The services provided under this Contract include [check one if applicable]:
________ Construction work in an amount exceeding $25,000;
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre -construction, construction, or post-construction phases of the project; or
___X____ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000.
If any of the lines is checked above , this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements:
A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with t he provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll re cords and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract.
This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Que stions regarding the City’s Labor Compliance Program should be directed to the City Representative.
B. DIR Registration : California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.
Further information can be found on DIR’s website at http://www.dir.ca.gov/Public - Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the Contractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The Contractor shall disseminate these provisions to all subcontractors.
Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.
C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this C ontract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.
D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.
E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.
F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.
G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub -agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1
EXHIBIT C
INSURANCE
1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.
3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
___ No automobile liability insurance is required , and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insu rance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non - owned and/or hired autos as appropriate to the operations of the Contractor.”
4. Excess Insurance . The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it.
5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City.
___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required.
___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requiremen ts to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.”
6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions:
A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it.
B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.
C. Coverage shall state that Contractor's insurance applies separately to each insured
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.
7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract.
8. Verification of Coverage.
A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.
B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
C. Certificate Holder must be listed as:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
9. Subcontractor Insurance Coverage . Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor.
A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer -employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or federal agency, that an employer -employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract.
B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing.
C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor.
It is further understood and agreed that Contractor will issue W -2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors.
D. The provisions of this section will survive any expiration or termination of this Contract.
Nothing in this Contract creates an exclusive relationship between CITY and Contractor.
Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2
2. Licenses; Permits, Etc. Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract , including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State.
3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.
4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.
5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract.
Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent.
Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee.
6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances.
7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City.
Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent.
In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief.
8. Contractor Information.
A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: an y and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any fo rm of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.
B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon an y third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding . However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract.
C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, tha t, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information.
D. The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4
9. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract.
10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract . All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession.
Contractor shall assign only competent personnel to perform on its behalf un der this Contract.
Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member . I f the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice.
11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract.
12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during non- emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption
13. Term; Suspension; Termination.
A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.
B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.
C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice , Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract:
(1) Contractor shall, not later tha n five days after receipt of the notice, deliver all information prepared under this Contract to the City.
(2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furni sh to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.
15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense.
A. The Contractor agrees that the Goods and Services furnished under this Contract will be covered by the industry standard or better warranty.
B. Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract.
C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services.
D. City's inspections, approval, acceptance, or payment for all or part of any Goods and
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 Services will in no way affect City's warranty rights.
16. Indemnity.
A. Indemnity: Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor.
B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B., above.
C. Survival. The provisions of this section will survive any expiration or termination of this Contract.
17. Funding Availability.
A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.
B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.
C. This Section shall govern over any other contrary provision of the Contract.
18. Equal Employment Opportunity. During the performance of this Contract, Contractor, for itself,
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 its assignees and successors in interest, agrees as follows:
A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment ,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.”
B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.
D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including:
(1) Withholding of payments to Contractor under this Contract until Contractor complies;
(2) Cancellation, termination, or suspension of this Contract, in whole or in part.
F. Incorporation of Provisions: Contractor shall incl ude the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8
19. Entire Agreement. This Contract, includ ing all Exhibits and documents referenced herein , contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code.
20. Modification of Contract . The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract.
21. Severability. If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.
22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.
23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California , except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applica ble requirements of Underwriters Laboratories and the Federal Communication Commission.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9
27. Debarment Certification
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties th at are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspend ed, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;
(2) Has not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a three -year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.
(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.
B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.
C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.
D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administr ation for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason o f changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
Attachment 1 to Scope of Services Exhibit A
SECTION II – CONTRACT DOCUMENTS
B. TECHNICAL SPECIFICATIONS/PLANS/OTHER REQUIREMENTS
ON-CALL STREETSCAPES MAINTENANCE AND REPAIR
The City of Sacramento maintains over 5 40 acres of landscaped and non -landscaped medians and streetscapes along its transportation corridors. The City routinely bids and awards contracts to maintain specific geographically bounded areas of its streetscapes. However, the City also requires landscape maintenance and repair services to address short -term and one-time needs.
The City intends to make multiple awards to insure continuity of services, by selecting up to four on-call landscape maintenance contractors to complete streetscapes maintenance and repair projects, on an as needed basis.
Any contract(s) resulting from this Invitation for Bid shall be effective for a period not to exceed one year from the date of award. If mutually agreeable to both parties, this contract may be extended on a year-to-year basis; however, in no case shall the renewal extend beyond three (3) years from date of the award of the original contract. The Contactor shall be capable of performing all landscape maintenance and related services as outlined in the Technical Specifications and in conformance with the contract contained herein.
Streetscape maintenance and repair activities are funded by fees from the Citywide Landscaping and Lighting District and 16 special districts.
CONTRACTOR QUALIFICATIONS:
The work to be performed shall be by a licensed landscape maintenance contractor , insured and bonded to do business in the City of Sacramento. Contractor shall have at least seven (7) years actual experience in providing a wide-breadth of high-quality landscape maintenance services for commercial and/or governmental entities. Contractor shall demonstrate the breadth and quality of services offered by providing a minimum of ten (10) satisfactory large-scale commercial and/or government references.
Contractor must possess a valid State of California C27 Landscaping Contractor License, State of California Department of Pesticide Regulation Qualified Applicator License , State of California Agricultural Pest Control Business License , and City of Sacramento Business Operations Tax Certificate at the time the Bid Proposal is submitted to the City.
SCOPE OF WORK:
Contractor must provide all labor, material, tools, and equipment necessary to complete assigned landscape maintenance or clean up projects.
The type of work assigned will include, but not be limited to:
• short-term routine maintenance of landscaped and/or non -landscaped areas along transportation corridors;
• weed abatement and special one-time cleanup projects;
• irrigation system repair, removal, and/or replacement;
• plant and small tree removal and/or replacement and
• other projects resulting from a request for project proposal.
All work performed shall conform to the City of Sacramento Landscape Maintenance Services General Specifications and Provisions, LS 20 and the City of Sacramento General Specifications for Public Construction . Digital copies of these documents are available, upon request, from the Project Manager.
ASSIGNMENT OF WORK:
All work will be assigned on an as -needed basis and be based upon a process of soliciting competitive proposals.
When a landscape maintenance or repair project is identified, each of the on-call contractors will submit a proposal for the completion of the project. Proposals shall include price quotations for providing all materials, equipment, and labor necessary to complete the project , based upon crew rates and other quoted rates submitted by the contractor in response to this Invitation for Bid. The City will accept the individual proposal reflecting the lowest cost to the City, and that is both responsive and responsible.
All assigned maintenance and repair projects shall have prior writte n authorization from the City before any work is performed . If additional work is required , additional written approval from the City must be obtained before the additional work is performed.
Individual contractors are not guaranteed any minimum number of assignments during the contract period. It is possible that n o services may be required by the City from an individual Contractor during all or any portion of the contract term. Project requirements will be based upon the City’s availability of funds and actual needs as they occur throughout the contract period.
Availability and timely completion of assigned work are critical to the award and maintenance of this agreement. Failure to provide competitive proposals when requested, or provide timely services, shall be grounds for contract termination.
ASSIGNMENT LOCATIONS:
Citywide, s pecific location assignments will be provided when individual project proposals are solicited.
SAFETY AND TRAFFIC CONTROL:
The majority of streetscape maintenance and repair projects is performed either in or near the city’s rights -of-way and requires additional safety measures not normally associated with traditional landscape maintenance services. Contractor shall furnish and use proper advance warning signage, warning lights, and equipment in accordance with the California Manual of Temporary Traffic Controls for Construction and Maintenance Work Zones, 2018 Edition in order to protect their workers, the public, and property of others. To be incorporated into each bid if applicable.
Contractor shall conform to all rules and regulations of the California Occupational Safety and Health Act (CalOSHA.) Work shall be performed to all applicable safety rules and regulations. The Contractor is also advised that the City of Sacramento is a "Drug Free Zone."
MARKUP ON MATERIALS:
Contractor shall be allowed to increase the cost of any materials pre-approved by the City for replacement, or installation equal to an agreed upon percentage. Reimbursable expenditures for materials shall be limited to actual expenditures of Contractor for materials that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
Percentage markup shall not be used for dump fees, equipment rentals, or any other non - material items. Contractor, upon request by City, will provide itemized price lists and all receipts for materials purchased.
SPECIAL REQUIREMENTS:
1. Contact During Normal Hours . For the term of the contract, Contractor shall maintain a telephone and voicemail/answering machine that will enable the City to contact the Contractor during normal work hours – cellular phones are acceptable. Contractor must respond to any message left by City by not later than the end of the next business day.
2. Emergency Contact. For the term of the contract, Contractor shall maintain an emergency point of contact , who will be accessible by telephone and voicemail/answering machine that will enable the City to make contact with the Contractor after normal work hours and on weekends and holidays – cellular phones are acceptable. Contractor must respond to any message left by City within one (1) hour.
CONTRACT PERIOD:
Any contract resulting from this Invitation for Bid shall be effective from the date of award through midnight, June 30, 2023, with options to extend for up to two additional years, with all terms and conditions remaining the same. Extensions shall be by mutual consent, in writing.
INSURANCE AND BOND REQUIREMENTS:
Insurance requirements are as outlined in Item 4, above, of this Invitation for Bid.
PRICING:
When a landscape maintenance or repair project is identified, each of the pre -approved contractors will submit a proposal for the completion of the project. All maintenance and repairs performed shall be completed at the quoted labor rate s and, in addition, authorized mat erials provided by the Contractor shall be priced in accordance with the discount quoted in the Pricing Schedule. Proposals shall be all-inclusive, no surcharges or additional costs will be allowed. The City will accept the individual proposal reflecting the lowest cost to the City, and that is both responsive and responsible.
The prices quoted to the City shall be as low as, or lower than those charged the Contractor's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment.
The bid items listed on the Pricing Schedule are for evaluation purposes only. The quantities and items specified are estimates only of the City's requirements. Contractor agrees to furnish mor e or less than the estimates at the unit prices quoted in accordance with availability of funds and actual needs as they occur throughout the contract period.
Unplanned and/or emergency work, conducted on hourly basis, outside of normal work hours is calculated at the "Overtime" rate of 1.50 x quoted rate. This section does not apply to quotes provided as part of a project proposal.
COOPERATIVE PURCHASING:
If mutually agreeable to both parties, the use of any result ing contract may be extended to oth er government agencies. It shall be understood that all terms and conditions as specified herein shall apply. The City of Sacramento will not be an agent, partner or representative of any other government agency as it relates to this specification and is not obligated or liable, including, but not limited to, payment for an order placed by any other government agency.
DISMISSAL OF UNSATISFACTORY EMPLOYEES:
The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise un satisfactory, that employee shall be removed from all work under this contract.
DRUG-FREE WORKPLACE POLICY:
The City of Sacramento is committed to providing a safe workplace for its employees and citizens alike. An essential part of this commitment is k eeping the work environment free from drugs. In 1989, to assist in the achievement of this end, the City established a Drug -Free Workplace Policy.
As a contractor doing business with the City, it is expected that your firm will also implement a drug-free policy that informs your employees of the dangers and prohibition of drug abuse and that you will join with the City in maintaining a drug-free workplace.
If, in the performance of work under this contract, any employee of the Contractor exhibits unacceptable behavior that may be related to use of drugs or alcohol, the City reserves the right to discuss the employee's behavior with the Contractor. If the unacceptable behavior persists, the City may require that the employee be removed from all work under this contract.
MODIFICATION OF CONTRACT:
The City may order changes in the work herein required and may order extra work in connection with the performance of the contract and the Contractor may comply with such orders, except that:
A. If changes in requirements or materials are of such a nature as to increase or decrease the cost of any part of the work, the price fixed in the contract will be increased or decreased by such amount as the Contractor and the Project Manager may agree upon as the reasonable and proper allowance for the increase or decrease in the cost of work.
B. No order for any alteration, modification, or extra work which will increase or decrease the cost of the work shall be valid unless the resulting increase or decrease in price sha ll have been agreed upon in writing and approved by the Project Manager. No oral statement of any person whomsoever shall in any manner or degree modify or otherwise affect the terms of this contract, including the requirements of the specifications.
USE OF SUBCONTRACTORS:
No portion of the work or services, except for the purchase of necessary goods and materials, to be supplied hereunder may be subcontracted in whole or in part, nor assigned by the contractor, nor may assignment of any money due or to become due the Contractor under this nonprofessional services agreement be made without the prior written consent of the City.
Where authorized by the City, the Contractor shall select all subcontractors and suppliers on a competitive basis to the maximum practicable extent consistent with the objectives and requirements of the nonprofessional services agreement.
LANDSCAPE PRACTICES FOR SUSTAINABILITY
Contractors providing landscape maintenance service for the City are encouraged to employ sustainable landscape management practices, whenever practicable, including but not limited to, integrated pest management, plant material-cycling, low water volume irrigation, composting and use of mulch and compost.
All irrigation shall be in compliance with the City Water Ordinance, see Attachment A6 in LS20, for a copy of
the ordinance.
Lawn mowi
ng shall be done to
a mi
nimum height of two (2) inches, using a mulching type mower.
Bark mulch m
aybe supplied by the City’s Urban Forest from their operations. In this case, the Contractor shall provide the labor only for possible pick up, delivery and spreading of the mulch.
Whenever possible, debris as a result of plant material clean up, weed removal or pruning shall be taken to a recyclable green waste facility.
Replacement plants for existing areas; Contractor shall provide suggestions to minimize waste by choosing species that are appropriate to the micro-climate species that can grow to their natural size in the space allotted them. Native and drought tolerant plants that require no or minimal watering once established are preferred
B22151681005
STANDARD WATER QUALITY SPECIFICATIONS
Water Quality Control
These requirements consist of regulati
ons contained in the National Pollution Discharge Elimination System (NPDES) Stormwater Permit issued to the City.
1. Dust Control
The Contractor shall comply with all City and County of Sacramento air pollution control rules, regulations, ordinances, and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances, and statutes, specified in the Government Code. The Contractor shall be responsible for the control of dust within the limits of the project at all times including weekends and holidays in addition to normal working days. The Contractor shall take whatever steps are necessary or required by the Engineer to eliminate the nuisance of blowing dust without causing sediment, debris or litter to enter the City storm drain system.
2. Erosion, Sediment, and Pollution Control
The Contractor shall be responsible for controlling erosion and sedimentation within the limits of the project at all times during the course of construction including evenings, weekends and holidays in addition to normal working days. The Contractor shall prevent sediment and construction debris from entering the City storm drain system.
The Contractor shall provide the following
erosion, sediment, and pollution control Best Management Practices (BMPs) when and where applicable (also see attached details):
1. Filter Bags in and Gravel bags around any stor
m drain inlets which receive runoff from
the limits of the construction zone, including storage and staging areas. Alternative storm drain inlet protection BMPs can be used with approval of the Engineer.
2. Covering of material piles and/or gravel berm (or approved equal) around material piles as required to prevent migration of material to gutters or storm drains.
3. Gutter flow lines are to be kept unimpeded and free of soil, debris and construction materials at all times.
4. Stabilized construction entrance at any soil to concrete/asphalt interface used by Contractor vehicles and equipment.
5. Silt fences, fiber rolls or approved equal at any soil to concrete/asphalt interface at which soil may be washed onto the concrete/asphalt.
Wash water, slurry and sediment from concre
te or asphalt saw cutting operations shall
not be allowed to enter the City storm drain system, but instead must be collected and disposed of, by the Contractor, in some manner approved by the Engineer.
The Contractor is required to implemen
t, at a minimum, the following housekeeping
practices: site cleanup, solid waste management, material storage and delivery area, concrete waste management, and spill prevention and control.
6. Site Cleanup: The Contractor shall keep the proj
ect site clean and free of dust, mud,
and debris resulting from the Contractor's operations. Daily clean up throughout the project shall be required as the Contractor progresses with the work. Extra precautions and clean up efforts shall be made prior to weekends and holidays.
B22151681005
Standard Water Quality Specifications
Daily or as needed, all paved areas within the limits
of the project shall be cleaned
and free of sediments, asphalt, concrete and any other construction debris. The Contractor will not be allowed to clean sediment and debris from the street by using water to wash down streets. The streets will be allowed to be washed only after the streets have been thoroughly swept and/or vacuumed and inlet protection has been placed at all storm drain inlets to catch any remaining sediments from the streets.
Spillage of earth, gravel, concrete, asphal
t, or other materials resulting from hauling
operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. If site is not kept sufficiently clean the City will take measures to clean it and back charge the Contractor.
7. Solid Waste Management: Contractor shall mai
ntain a clean construction site.
Contractor shall provide designated areas for waste collection. The waste collection areas shall be leak-proof containers with lids or covers. Site trash shall be collected daily and placed in the disposal containers. The Contractor shall make arrangements for regular waste collection. The Contractor shall also regularly inspect the waste disposal areas to determine if potential pollutant discharges exist.
8. Material Storage and Delivery Area: Contract
or shall provide one central material
storage and delivery area (MSDA) for the duration of the project. This area shall be protected such that runoff will not be allowed to leave the MSDA site. The Contractor shall regularly inspect the MSDA site to ensure that any hazardous or non-hazardous materials have not spilled.
9. Concrete Waste Management: The Contractor s
hall arrange for concrete wastes to be
disposed of off-site or in one designated on-site area. Concrete wastes, including left- over concrete and material from washing out the concrete truck, shall not be disposed or washed into the storm drain system . If a designated on-site area is provided, the site shall be bermed to allow the concrete to dry. The dried concrete waste shall be removed and disposed of properly by the Contractor at his expense.
10. Spill Prevention and Control: The Contractor shal
l be responsible for instructing
employees and sub-contractors about preventing spills of hazardous materials, including equipment fuel, and controlling spills if they occur. Proper spill control and cleanup materials and procedures shall be kept on site near the storage and equipment fueling areas and updated as materials change on site. Contractor will be held strictly responsible for the prevention, clean-up and consequences of any hazardous materials spills.
Throughout the duration of the project the Contractor wi ll be required to inspect and
maintain, in effective condition, all erosion, sediment, and pollution control BMPs before and after each storm event and as needed. The contractor shall immediately correct or replace any ineffective BMPs.
More information about control measures and housekeeping practices can be obtained by
referring to the City of Sacramento's Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control available at 1395 35th Avenue, Sacramento, CA 95822.
B22151681005
Standard Water Quality Specifications
The Contractor shall prepare and submit an
erosion, sediment and pollution control plan (ESC
Plan) to the Engineer for review, (Note to project manager: section number may vary. Revise as needed.) per Section I, Review of Contractor's Information, of these Special Provisions. The submittal shall include a description of all eros
ion, sediment and pollution control BMPs
proposed to be used to prevent sediment and other sources of pollution from entering the City storm drain system as well as a site plan showing their placement. The ESC Plan shall be submitted a minimum of 48 hours prior to start of the work. The Contractor will not be allowed to begin work until an accepted ESC Plan is on file with the Engineer. The erosion, sediment and pollution control plan shall be updated as necessary and re-submitted to the Engineer.
3. Enforcement
Per City Code Sections 15.88, 13.16 and 1.28, the Contractor shall be subject to Notices of Violation (NOVs) resulting in possible Stop Work Orders and Administrative Penalties of up to $4,999 per day for non-compliance of this section of the Special Provisions.
Per the State’s Porter Cologne Water Qual
ity Act, the Contractor shall also be subject to inspection by Staff from the Central Valley Regional Water Quality Control Board who have the authority to issue Notices of Violation (NOVs) and Penalties of up to $10,000 per day for non-compliance. The Contractor shall be liable for any fines issued to the project by the State or Federal Government for NPDES non-compliance due to Contractor negligence.
The City reserves the right to take corrective action and withhold the City’s costs for corrective action from progress payments or final payment in accordance with Section 7, Retention of Sums Charged against the Contractor, of the Agreement.
Any fines, including third-party claims, levied against the Agency as a result of Contractor’s non-
compliance are the Contractor’s
sole responsibility and will be withheld from progress payments or final payment i
n accordance with Section 7, Retention of Sums Charged against the Contractor, of the Agreement.
B22151681005
ADMINISTRATIVE PENALTIES ORDINANCE FOR
ADVANCE WARNING SIGNAGE
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.20 CLOSURE OF PRIMARY STREETS FOR CONSTRUCTION
12.20.010 Definitions.
The following terms used in this chapter shall have the meanings s et forth below:
“City working hours” means 7:00 a.m. to 6:00 p.m., Monday through Friday, legal
holidays excepted.
“Director” means the director of public works or utiliti es departments of the city of
Sacramento or his or her authorized representative(s).
“Emergency repairs” means repairs to a utility facility located in or adjacent to a primary
city street that must be performed immediately when the necessity arises to safeguard life or property or maintain continued operation of the facility. “Facility” means a marked or otherwise identified underground or existing above-ground
improvement or structure.
“Known facility” means any facility that can be observed vis ually, is marked correctly in
the field or is shown correctly on any contract, plan or permit document. “Person” means any person, firm, company or governmental agency , including any
person performing work under a contract between the person and the city. “Public Easement” means any easement or right-of-way owned or control led by a public
agency or by a public utility.
“Traffic engineering services office” means the of
fice responsible for providing traffic
engineering services for the public works department of the city of Sacramento, 1000 I Street, Suite 170, Sacramento, CA., phone (916) 264-5307, fax (916) 264-8404. “Work” means all work performed under a notice to proceed for a private development
project, a capital improvement project or other contract with the city or for which a revocable permit, encroachment or excavation permit or temporary street closure permit is required.
Work also means all work performed without one or more of the aforementioned permits or authorizations, but for which one or more of the aforementioned permits or authorizations are required. (Ord. 2002-004 § 1, 2002; Ord. 98-002 § 2 (part): prior code § 25.04.069)
12.20.020 Closure of streets for work—Traffic control plan.
A. Except when performing emergency repairs, no person shall perform any work that will obstruct vehicular or pedestrian traffic on a city street unless a traffic control plan has been approved by the director.
B. Emergency repairs that obstruct vehicular or pedestrian traffi c on a city street,
shall be reported to the traffic engineering services office not later than one hour after the need for the emergency repairs is determined. If the emergency repairs obstruct vehicular or B22151681005
pedestrian traffic on a city street outside of city working hours, the city tr affic engineering
services office shall be notified of the closure or obstruction not later than nine a.m. on the next working day.
C. All work requiring a traffic control plan shall conform to the conditions and
requirements of the approved plan.
D. Where a traffic control plan is required, the approved plan must be available at
the site for inspection by the director during all work.
E. If the director determines that actual traffic conditions under the approved plan are hazardous to public safety, the director may requi re the plan to be immediately
modified. If the hazardous conditions cannot be eliminated by plan modification the director may require work under the plan to be stopped, a nd the plan suspended, until the safety hazard is remedied. (Ord. 2002-004 § 2, 2002:
Ord. 98-002 § 2 (part): prior code
§ 25
.04.069- 1)
12.20.030 Traffic control plan—Requirements.
A. Application. Befor
e approving a traffic control plan, the director shall require a written submission of a proposed traffic control plan that includes the following information:
1. The name and business address of the applicant.
2. A diagram showing the location of the proposed work area.
3. A diagram showing the location of areas where the public right-of-way will be
closed or obstructed.
4. A diagram showing the placement of traffic control devices nec essary to
perform the work.
5. The proposed phases of traffic control.
6. The time periods when the traffic control will be in effect.
7. The time periods when work will prohibit access to private propert y from a
public right-of-way.
8. A statement that the applicant will comply with the city’s noi se ordinance
during the performance of all work.
9. A statement that the applicant understands that the plan may be modified by
the director at any time in order to eliminate or avoid traffic conditions that are hazardous to the safety of the public.
B. Upon receiving a complete proposed traffic control plan, the director shall either
approve, approve with modifications or disapprove the plan.
C. If the work to be performed under the approved traffic control plan is not
commenced and completed within the times specified in the plan, the plan shall be deemed to B22151681005
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12.20.040 Maintenance of construction areas.
A. No person performing work shall cause any public right-of-way, public street, public property or public easement to be covered with construction related trash, debris, garbage, waste material or soil. Public rights-of-way, public streets, public property and public easements affected by work must be cleaned to the satisfaction of the director prior to re- opening these areas to the public.
B. Trench plates shall not be utilized for more than three calendar days in one
location and temporary surfacing shall not be utilized for more than five calendar days in one location without prior written approval of director. (Ord. 2002-004 § 4, 2002)
12.20.050 Repair of traffic control systems.
All persons performing work shall repair or replace, to previous condition or better, all existing traffic control system markers or devices
that are damaged or destroyed during work
within three calendar days of the completion of work in the immediate area unless written direction extending the time period or relieving the persons performing work of this obligation is provided by the director. (Ord. 2002-004 § 5, 2002)
12.20.060 Care of existing known facilities.
All persons performing work shall take reasonable precautions not to damage or destroy existing known facilities. (Ord. 2002-004 § 6, 2002)
12.20.070 Public notification of work.
All persons performing work shall conform to any public notification requirements included in the permit, contract documents, or approved plans. If notification is required, at a
minimum, persons performing work shall notify residents and businesses immediately adjacent to the project work in writing two working days in advance of beginning work. The notice shall be approved by the director, shall describe the work to be performed, the anticipated duration of construction, and the name and daytime telephone number of the person performing the work. (Ord. 2002-004 § 7, 2002)
12.20.080 Violation—Administrative pen alties.
A. Administrative Penalties. The director may issue an order imposing an administrative penalty to any person violating any provision of this chapter.
1. Notwithstanding any contrary provision of this code, each day a violation
of the following code provisions occurs shall constitute a separate violation, and shall be subject to a separate penalty:
a. Section 12.20.020(B).
b. Section 12.20.020(D).
c. Section 12.20.040.
d. Section 12.20.050.
have expired, and shall be void, and a new plan shall be required prior to commencing or continuing work. (Ord. 2002-004 § 3, 2002: Ord. 98-002 § 2 (part): prior code § 25.04.069-2) B22151681005
e. Section 12.20.060.
f. Section 12.20.070.
2. Notwithstanding any contrary provision of this code, each fifteen (15) minute p
eriod that a violation of the following code provisions occurs shall constitute a separate violation, and a separate administrative penalty may be imposed for each violation:
a. Section 12.20.020(A).
b. Section 12.20.020(C).
3. The administrative penalty for each violation of any provision of this chapt
er shall be one thousand dollars ($1,000.00). Violations of a specific section of this chapter by the same person occurring during the same work but located in different blocks or located in the same block but occurring on different days or at different times on the same day shall constitute separate violations for which separate administrative penalty orders may be issued.
4. If a person performing work under a contract between the person and the city viol
ates any provision of this chapter, the city may deduct the amount of any administrative penalties imposed hereunder from any funds otherwise payable to the person under the contract.
5. In addition to the aforementioned penalties, the city may withhold iss uance
of permits for encroachment or excavation in a city street (issued pursuant to Chapter 3.76 or Chapter 12.12 of this code) to any person receiving a final administrative penalty order for a violation of any specific provision of this chapter three times within a two year period; the city may withhold issuance of permits for a period of not longer than two years after said administrative penalty orders are final. Multiple administrative penalty orders issued for continuing violations occurring on the same calendar day shall be considered one administrative penalty order for purposes of this section.
B. Imposition of the Administrative Penalties. The administrative penalty order shall
be imposed in accordance with the provisions of Section 1.28.010 of this code, and shall contain the following:
1. The name and address of the violating party, if known;
2. The location, date and time of the violation;
3. A description of the act(s) or condition(s) violating this chapter;
4. The amount of the administrative penalty, with instructions for submi tting
payment to the city;
5. A statement indicating that the administrative penalty may be appealed, in accordance with the provisions of Section 1.28.010(D)(4) of this code, by filing a written B22151681005
6. A statement indicating that the order imposing the administrat ive penalty
shall be final if it is not appealed within the time required;
7. A statement indicating that a party upon whom a final adminis trative
penalty has been imposed may seek review of the order imposing the penalty pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6. notice of appeal with the city clerk no later than twenty (20) days after the order is issued to the violator;
B22151681005
01170 - 1 COVID-19 SAFETY REQUIREMENTS
SECTION 01170
NOVEL CORONAVIRUS (COVID-19) SAFETY REQUIREMENTS
PART 1 - GENERAL
1.01 SUMMARY
A. Section Includes: COVID-19 safety requirements to address the COVID-19 epidemic, including without limitation any requirements imposed by federal, state, and local guidelines and orders or those necessary for performance of work safely.
B. These COVID-19 safety requirements are not all encompassing and may need to be modified by the Contractor for individual construction tasks and updated as the COVID-19 epidemic evolves.
C. The Contractor and all its sub-tier level subcontractors and suppliers shall account in their Bid and sub-bids for all cost impacts whether affecting labor (including, but not limited to obtaining qualified workers, quantity of workers, as well as their productivity), deliveries, supervision, testing and/or procurement of materials and/or equipment and time caused by any COVID-19 safety requirements, including without limitation those found in this Section 01170 and also all public health and governmental directives in place at the time Bids are received by the City for this Project.
D. Related Sections:
1. Section 00200 – Instructions to Bidders
2. Section 00700 – General Conditions
3. Section 01145 – Use of Site
4. Section 01160 – Site Safety Requirements
5. Section 01330 – Submittal Procedures
1.02 COVID-19 EXPOSURE PREVENTION, PREPAREDNESS, AND RESPONSE PLAN A. Contractor’s Responsibility
1. The Contractor shall prepare a COVID-19 Exposure Prevention, Preparedness and Response Plan (a “COVID-19 Plan”) specific to this Project that describes how to prevent worker exposure to coronavirus; protective measures to be taken on the jobsite; personal protective equipment and work practice controls to be used; cleaning and disinfecting procedures; and procedures to follow if a worker shows symptoms of COVID-19 illness or tests positive for COVID-19.
In addition to any governmental or other guidance available at the time of Bid submission, the Contractor should review OSHA COVID-19 Workplace Safety Guidance documentation, such as:
https://www.osha.gov/Publications/OSHA3990.pdf, as a resource in preparation of its COVID-19 Plan. Other reliable and current sources of COVID-19 information can be found from:
B22151681005
01170 - 2 COVID-19 SA FETY REQUIREMENTS
The California Department of Public Health (CDPH, State), including without limitation, guidance such as::
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/nCOV201
9.aspx
The federal Centers for Disease Control and Prevention (CDC, National), including without limitation, guidance such as:
http://www.cdc.gov/coronavirus/novel-coronavirus-2019.html The Sacramento County Public Health Department, including without limitation, guidance found here: https://www.saccounty.net/COVID-19/Pages/default.aspx
2. The Contractor’s COVID-19 Plan shall at a minimum address the following
COVID-19 safety guidelines:
a. COVID-19 Employee and Visitor training and check-list before entering worksite.
b. Employee distancing and strategies to maximize distancing when possible.
c. Limitations on gathering size.
d. Personal Protective Equipment (PPE) requirements.
e. Identification of “choke points” and “high risk areas” such as hallways, hoists and elevators, break areas and vehicles.
f. Staggering trades and modification of work schedules to reduce worker density to maximize distancing opportunities.
g. COVID-19 employee good personal hygiene measures.
h. Disinfection and cleaning requirements.
i. Personal prevention actions requirements for all employees. j. Toolbox and Tailgate COVID-19 employee training.
k. Recognition of COVID-19 Symptoms.
l. Procedures for COVID-19 exposure and notification to others who were at the Site.
m. Daily screening protocols for arriving workers and visitors to ensure potentially infected workers and visitors do not enter the Site. n. Maintenance of daily attendance logs of all workers and visitors who enter the Site.
3. Also, as part of this Plan, the Contra ctor shall draft and implement a COVID-19 Code of Safe Practices that is posted in areas visible to all employees and visitors.
4. The Contractor shall be prepared at each Progress and Coordination Meeting, if requested by the Construction Manager, to provide information relevant to the application, enforcement, and implementation of the Code of COVID-19 Safe Practices.
5. All Contractor managers and supervisors (from forepersons to project managers) must be familiar with the COVID-19 Plan and be ready to answer questions from employees, subcontractors, suppliers and visitors. Managers and supervisors must set a good example by following the COVID-19 Plan at all times. This involves practicing good personal hygiene and jobsite safety B22151681005
01170 - 3 COVID-19 SAFETY REQUIREMENTS
practices to prevent the spread of the virus. Managers and supervisors must encourage this same behavior from all employees, subcontractors, suppliers and visitors.
6. The Contractor shall immediately notify the Construction Manager if any person under the Contractor’s control on this Project has tested positive for COVID-19.
1.03 SUBMITTALS
A. The following information shall be provided in accordance with Section 01330, Submittal Procedures, after the Award of Contract and before any work begins at the Site:
1. COVID-19 Exposure Prevention, Perparedness and Response Plan.
2. COVID-19 Code of Safe Practices.
B. To the extent that there are material amendments or modifications made to any of the above plans or practices during the performance of the Work, the Contractor shall provide to the City as soon as practicable the amendments and shall post an amendments to the Code of Safe Practices to all employees and visitors who enter the Site.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
**END OF SECTION**
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ARTICLE 1 ― COSTS OF NOVEL CORONAVIRUS (COVID-19) SAFETY REQUIREMENTS
1.01 Given the coronavirus (COVID-19) epidemic, each Bidder must understand that the means and methods of construction, and the ways of doing business, have been materially impacted and changed (at least for the foreseeable future). These impacts and changes relate to social distancing, ability to perform at the pace previously performed, personal interaction of workers, implementation of increased safety measures, and a myriad of other impacts to construction operations. Heightened measures to protec t persons from illness and the adoption and implementation of many new and more intensive practices will make the performance of construction work different and more challenging.
1.02 It is the intent of the City, by including the previous paragraph, as well as Section 01170, Novel Coronavirus (COVID-19) Safety Requirements, to alert all Bidders for all aspects of this Project, that they are to include in their Bids all known and reasonably estimated COVID-19 costs and impacts to the ability to obtain goods and materials required, as well as labor to perform the Work. Further, all costs for all of these and other aspects of the project, including supervision, temporary facilities, incidentals, testing, QA/Q C, etc. (this listing is intended to be illustrative and not comprehensive) shall be evaluated by each Bidder so its Bid submitted to the City includes all such potential costs in recognition of the foregoing and subsequent notices in this and other sections of the Contract Documents.
1.03 Each Bidder is to critically appraise and ev aluate the reasonably anticipated costs and time impacts, if any, which may need to be accounted for in light of the COVID–19 pandemic and all governmental directives and requirements, and commercial impacts, arising therefrom.
1.04 It is the responsibility of each Bidder to alert all Sub-Bidders (potential subcontractors and suppliers of every tier and trade) to also fa ctor in the above-referenced COVID-19 cost and time impacts, if any, into their sub-bids to Bidders for all aspects of the Project.
1.05 By submitting a Bid for this Project, each Bidder represents to the City that it included in its Total Bid Price all cost impacts, whether affecting labor (including, but not limited to obtaining qualified workers, quantity of workers, as well as their productivity); deliveries; supervision; testing; procurement of materials or equi pment; and time caused by COVID-19 safety requirements found in Section 01170 and all public health and governmental directives in place at the time Bids are received by the City for this Project. Furthermore, each Bidder recognizes it will not be entitled to a change order granting a COVID-19 related time extension or for any COVID-19 related increased costs, which arise from Section 01170, Novel Coronavirus (COVID-19) Safety Requirements or from any public health or governmental directives in place at the time Bids are received by the City for this Project.
B22151681005
Date: 7/1/2014 Author: Streetscape Maintenance Project: TYPICAL TEMPORARY TRAFFIC CONTROLS FOR WORK ON MEDIANS Comments:
Typical temporary traffic control placement for streetscape maintenance work on medians, with no lane closure. Placement of cones must preserve a minimum lane width of at least 10 feet. All work must be contained to median, workers are not to step into traffic lanes. Actual placement of signs and cone spacing will be dictated by traffic volume, speed, and other factors. Refer to CA MUTCD.
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Date: 7/1/2014 Author: Streetscape Maintenance Project: TYPICAL TEMPORARY TRAFFIC CONTROLS FOR WORK ON SIDE OF ROAD Comments:
Typical temporary traffic control placement for streetscape maintenance work on side of road, with no lane closure. All work must be contained to side of road, workers are not to step into traffic lanes. Actual placement of signs and cone spacing will be dictated by traffic volume, speed, and other factors. Refer to CA MUTCD.
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B22151681005
Attachment 1 to Payment Exhibit B
SECTION III — BIDDER RESPONSE DOCUMENTS
G. PRICING SCHEDULE
ON-CALL STREETSCAPES MAINTENANCE AND REPAIR
In compliance with the Specifications and Scope of Work, and the Contract Documents, the bidder hereby proposes to furnish all required labor, materials, supervision, transportation, equipment, services, taxes and incidentals required for Streetscape Maintenance and Repair Services.
The City of Sacramento intends to select up to five pre-approved contractors to provide landscape maintenance and repair services along the City's transportation corridors. Any contract(s) resulting from this Bid shall be effective from the date of award, through June 30, 2023. If mutually agreeable to both parties, this contract may be extended on a year-to-year basis; however, in no case shall the renewal extend beyond three (3) years from date of the award of the original contract. The Contactor shall be capable of performing all landscape maintenance and repair services as outlined in the Scope of Services and in conformance with the contract contained herein.
1. All bids shall be based upon the scope of services in accordance with the provisions and specifications contained herein.
2. The work to be done in strict conformity with the Specifications and Scope of Work, the Contract Documents, and the City of Sacramento Landscape Maintenance Services General Specifications and Provisions, L520.
3. Pricino shall be all inclusive. No surcharges or additional costs will be allowed.
Contractor shall be paid for the performance of services on an hourly rate, as quoted below.
ESTIMATED
PER HOUR RATE EXTENDED COST ANNUAL
REQUIREMENT
1200 hrs. 100 $ 120,000
700 hrs. $ 85 59' 500 $
700 hrs. $ 85 $ 59,500
Sub-Total for Crew Rates 239,000 $
ITEM DESCRIPTION
1 . Landscape Laborer (to be quoted as a
2-person crew not individually)
Provide general gardening services, as
required, i.e. plant and tree
replacement, special cleanups, pruning,
etc.
2 Irrigation Technician Provide repair for
irrigation valves, solenoids, controllers,
laterals, and sprinkler replacement.
3. Plumber Provide repairs to main lines,
underground utility, and backflows.
5, Mark-Up on rnaterials
Percentage increase over the
best/lowest cost including Contractor
discounts, paid by Contractor for
materials approved for replacement or
installation.
Sub-Total for Mark-Up $ 350
BID TOTAL (Crew Rates + 5% Mark-Up) $ 323,350
5 % $7000.00 350
SECTION III — BIDDER RESPONSE DOCUMENTS
G. PRICING SCHEDULE (continued'
4. Operators heavy or large
equipment operator as defines
by trade through the DIR under
projects.
700 hrs. $ 120 $ 84,000
Sub-Total for Crew Rates $ 84,000
ITEM DESCRIPTION
ESTIMATED
ANNUAL
EXPENDITURES % MARK-UP MARK-UP
PRICING SCHEDULE NOTES:
Services will be provided on an as-needed basis. Services required by the City will be based upon availability of funds and actual needs as they occur throughout the contract period. Estimated annual requirements and quantities listed on the Pricing Schedule are based on the most recent historical usage and are subject to increase or decrease. No services may be required by the City from the Contractor during all or any portion of the contract term.
The hourly labor rates quoted must be all inclusive. Bids will be based on an hourly rate, based upon the time the Contractor begins work on site. Cost for travel time should be built in to the hourly rate that is bid. No surcharges or additional costs will be allowed.
In determining the amount bid by each bidder, the City shall disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the Bid Proposal. When such a mathematical error appears on the face of the Proposal, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures.
When an item price is required to be set forth in the Bid Proposal, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Project Manager's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bidding procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the Proposal contain only total price for the item and the item price is omitted, the City shall determine the item price by dividing the total price for the item by the Project Manager's estimate of the estimated quantities of work to be performed as items of work.
lf the Bid Proposal contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the Proposal' shall be disregarded.