City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01422 9/16/2025
Award Construction Contract: North Natomas Regional Park Fields 1-3 Lighting Project [Published for 10-Day Review 09/03/2025]
File ID: 2025-01422
Location: District 1
Recommendation: Pass a Motion: 1) approving the construction plans and specifications for the North Natomas Regional Park Fields 1-3 Lighting Project, (L19140700); 2) awarding the North Natomas Regional Park Fields 1-3 Lighting Project contract to Big Valley Electric in an amount not to exceed $1,251,225; 3) authorizing the Interim City Manager or designee to execute the contract; and 4) approving the removal of four existing Liriodendron tulipifera trees (two 5.5”, and two 8.5” trees).
Contact: Dennis Day, Senior Landscape Architect, (916) 380-8813, [email protected]; Jason Wiesemann, Park Planning and Development Services Manager, (916) 808-7634, [email protected]; Department of Youth, Parks, and Community Enrichment Presenter: None
Attachments:
1-Description/Analysis
2-Contract
Description/Analysis
Issue Detail: The Department of Youth, Parks and Community Enrichment (YPCE) is seeking approval to award a contract to Big Valley Electric, for the North Natomas Regional Park Fields 1-3 Lighting Project. The contract amount is $1,251,255.
North Natomas Regional Park is a 212.3-acre regional park located at 4989 Natomas Blvd., Planning Area 1, Council District 1. The improvements include the installation of sports field lights for baseball fields 1, 2 and 3, as well as the installation of two bull pens on field 1.
The formal bid process for this project has been completed and Big Valley Electric has been identified as the lowest responsible and responsive bidder. Construction of the North Natomas Regional Park Fields 1-3 Lighting Project is expected to be completed by January 2026.
File ID: 2025-01422 9/16/2025
The project includes the removal of four Liriodendron tulipifera trees (two 5.5” and two 8.5” diameter trees). Removal of these four existing trees is required to construct two bull pens on baseball field 1 in North Natomas Regional Park. The Director of Public Works agrees with the staff justification and recommends approval to remove the identified trees. City Code section 12.56.040 provides that City Council approval is required to remove these trees, because they have a diameter at standard height of four inches or more. Notice of the proposal to remove these trees was posted the week of August 18, 2025, in a conspicuous place on or in proximity to the trees, in accordance with City Code section
12.56.040.
Policy Considerations: Section 3.04.010 of the City Code provides that City Council approval is required to enter contracts over $250,000.
Providing parks and recreation facilities is consistent with the City’s strategic plan to enhance livability in Sacramento’s neighborhoods by expanding park, recreation, and trail facilities throughout the City. This is also part of the Park Development Process for park planning as stated in the Parks Plan 2040.
Section 12.56.040 of the City Code requires City Council approval to remove trees with a diameter at standard height of four inches or more and requires that written notice of the proposal to remove the trees be posted at least 15 days prior to the City Council meeting.
The Sacramento City Code Section 4.04.020 and Council Rules of Procedure (Chapter 7, Section E.2.d) mandate that, unless waived by a 2/3 vote of the City Council, all labor agreements and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to council action. This contract was posted for a 10-day review on September 3, 2025, as required.
Economic Impacts: The indicated economic impacts are calculated by using a calculation tool developed by the Center for Strategic Economic Research (CSER). CSER utilized the IMPLAN inputoutput model (2009 coefficients) to quantify the economic impacts of a hypothetical $1 million of spending in various construction categories within the City of Sacramento in an average one-year period. Actual impact could differ significantly from the estimates and neither the City of Sacramento nor CSER shall be held responsible for consequences resulting from such differences.
The park construction project, in the amount of $1,251,225, is expected to create 5 jobs (2.88 direct jobs and 2.12 indirect jobs through indirect and induced activities). Furthermore, it will create $772,550 in total economic output ($486,944 of direct output and $285,606 of output through indirect and induced activities).
Environmental Considerations: On May 15, 2012, the City Council approved the North Natomas Regional Park Ballfield Complex plan which consisted of the installation of three ballfields. All ball fields include bleachers, a scorer's table, bullpens and shade structures over the dugouts, an entry
File ID: 2025-01422 9/16/2025
plaza with enhanced paving, seating, and unique entry monument signage to provide a sense of arrival, new walking paths to connect new ball fields and parking to the existing dog park and bike trail.
The current project consists of the installation of sports field lights for baseball fields 1, 2 and 3 and the installation of two bull pens on field 1 and is consistent with the overall project reviewed in the previously approved Initial Study Mitigated Negative Declaration and the analysis and impacts and mitigation measures in the Mitigated Negative Declaration (MND).
None of the circumstances identified in California Environmental Quality Act Guidelines Section 15162 requiring the preparation of a subsequent MND are present. No further environmental review is required.
The MND is available for review online at: http://www.cityofsacramento.org/Clerk/Services/PublicRecords Sustainability: The North Natomas Regional Park Fields 1-3 Lighting Project has been reviewed for consistency with the goals, policies, and targets of the City’s Climate Action Plan for Internal Operations 2016 Update, the 2040 General Plan, the 2018 YPCE Strategic Plan, and the Parks Plan 2040. The park will advance the goals, policies, and targets of these plans by using energy efficient field lighting, minimizing light spill and improving the health of all residents through access to a diverse mix of wellness activities. The park improvements will include sustainable design and maintenance guidelines and use of local vendors.
Commission/Committee Action: None.
Rationale for Recommendation: The formal bidding process for the North Natomas Regional Park Fields 1-3 Lighting Project bid was posted in accordance with City Code 3.60 and Administrative Policy AP-4002. The bids were opened on July 16, 2025. Staff received three bids. The results for the responsive bidders are listed below:
CONTRACTOR Base Bid Additive
Alternates 1-11
Total Bid
Big Valley Electric $1,192,000 $59,225 $1,251,225
Bockmon & Woody $1,243,875 $152,315 $1.396,190
Rodan Builders $1,761,000 $156,226 $1,917,226
The low bidder was determined based on the total bid amount. The Engineer’s Estimate for the base bid was $1,433,650 and $74,022 for the additive alternates, for a total amount of $1,507,672.
File ID: 2025-01422 9/16/2025
Pursuant to City Code Sections 3.56.020, it has been determined that Bid Valley Electric has submitted the lowest responsive bid and is considered a responsible bidder. It is recommended to award the contract with the base bid plus all additive alternatives, resulting in a total amount of $1,251,225. These items include the installation of sports field lights for baseball fields 1, 2 and 3.
Additional improvements include the installation of two bull pens on field 1.
Financial Considerations: The total estimated contract amount is $1,251,225. There is sufficient funding to award the North Natomas Regional Park Fields 1-3 Lighting Project (L19140700), including awarding construction contract and staff time.
This is an existing park; the annual maintenance and utilities costs are covered in YPCE’s operating budget for maintenance, water, and utility costs for the budget adopted in the applicable fiscal year.
Field permitting fees will supplement electrical costs for field lighting.
Local Business Enterprise (LBE): Big Valley Electric meets the 5% LBE participation requirement.
CONTRACT
ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.
General Information (Required)
Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________ Assessor’s Parcel Number(s): ________________________________________________________________ Contract Effective Date: _________ Contract Expiration Date (if applicable): _________ $ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________ Other Party: ______________________________________________________________________________ Project Title: _____________________________________________________________________________ Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________ City Council Approval: if YES, Council File ID#: __________ Contract Processing Contacts
Department: ______________________________
Contract Coordinator: _______________________
Project Manager: ___________________________
______ Department Review and Routing
(Signature)
(Signature)
(Signature)
_______________________________________________________________________________________ ------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ (Signature)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) (Signature)
$1,251,225.00 $0
Big Valley Electric
North Natomas Regional Park Fields 1-3 Lighting
L19140700 B25191121010
YES 2025-01422
Youth, Parks & Community Services Dennis Day
Rachel Trujillo [email protected]
Form approved by City Attorney 6-23-23 1
AGREEMENT
(Construction Contract Over $25,000)
THIS AGREEMENT, dated for identification , 20 , is made and entered into between the CITY OF SACRAMENTO, a municipal corporation (“City”), and Big Valley Electric, 5130 Garland Ct. Jamestown, CA 95327 (“Contractor”) in the amount of $1,251,225.00.
The City and Contractor hereby mutually agree as follows:
1. CONTRACT DOCUMENTS
The Contract Documents, sometimes also referred to as the “Contract,” consist of the following items, which are hereby incorporated by reference as if set forth in full in this Agreement:
Notice to Contractors
Proposal Form submitted by the Contractor
Instructions to Bidders
Subcontractor and Local Business Enterprise Participation Form Drug-Free Workplace Policy and Affidavit
Construction and Demolition (C&D) Debris Recycling Requirements Workers’ Compensation Insurance Certification
Federal or State funding requirements
Local Business Enterprise (LBE) Requirements
Requirements of the Non-Discrimination in Employee Benefits Code Ban-The-Box Requirements
Addenda, if any
This Agreement
Standard Specifications
Special Provisions
Plans and Technical Specifications
The drawings and other data and all developments thereof prepared by City pursuant to the Contract
Any modifications of any of the foregoing made or approved by City, including but not limited to duly authorized change orders
Unless specifically noted otherwise, references to the “Standard Specifications” shall mean and refer to the Standard Specifications for Public Construction of the City of Sacramento approved by the Sacramento City Council on November 10, 2020 (Resolution No. 2020-0354), and any subsequent amendments thereto approved by the Sacramento City Council or the Sacramento City Manager. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained in the Contract Documents are provided solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretation of the provisions to which they refer.
Form approved by City Attorney 6-23-23 2
2. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement.
3. AGREEMENT CONTROLS
In the event of a conflict between any of the terms and conditions set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail, except that the provisions of any duly authorized change order shall prevail over any conflicting provisions of this Agreement.
4. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, material and transportation necessary to perform and complete in a good and workmanlike manner to the satisfaction of City, all the Work called for in the Contract Documents entitled:
North Natomas Regional Park Fields 1-3 Lighting
(PN: L19140700)
Bid #B25191121010
Including the Work called for in the following alternative bid items described in the Proposal Form: __________________________________________________________________________ Contractor agrees to perform such Work in the manner designated in and in strict conformity with the Contract Documents.
5. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, as complete payment for the above Work, in accordance with the schedule and procedures set forth in the Contract Documents and subject to deductions, withholdings and additions as specified in the Contract Documents, a total sum that shall not exceed the total bid amount set forth in Contractor’s Proposal Form.
In addition, subject to deductions, withholdings and additions as specified in the Contract Documents, payment for individual items of the Work shall be computed as follows:
A. For items of the Work for which a lump sum price is specified in Contractor’s Proposal Form, Contractor shall be paid the lump sum price(s) specified in Contractor’s Proposal Form; and
B. For items of the Work for which a unit price is specified in Contractor’s Proposal Form, Contractor shall be paid the sum computed at such unit price, or computed at a different price if such different price is determined by City in accordance with the Standard Specifications, based on the actual amount of each such item performed and/or furnished and incorporated in the Work; provided that in no event shall the Form approved by City Attorney 6-23-23 3
total sum for a unit price item exceed the total bid amount set forth for such item in the Contractor’s Proposal Form, unless authorized by Change Order.
6. PROGRESS PAYMENTS
Subject to the terms and conditions of the Contract, City shall cause payments to be made upon demand of Contractor as follows:
A. On or about the first of the month, the Engineer shall present to the Contractor a statement showing the amount of labor and materials incorporated in the Work through the twentieth (20) calendar day of the preceding month. After both Contractor and Engineer approve the statement in writing, and the City’s labor compliance officer provides written approval, the City shall issue a certificate for ninety-five (95) percent of the amount it shall find to be due, subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations.
B. No inaccuracy or error in said monthly estimates shall operate to release Contractor from damages arising from such Work or from enforcement of each and every provision of the Contract Documents, and City shall have the right subsequently to correct any error made in any estimate for payment.
C. Contractor shall not be paid for any defective or improper Work.
D. The remaining five (5) percent of the value of the Work performed under the Contract, if unencumbered and subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations, shall be released not later than sixty (60) days after completion and final acceptance of the Work by City. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising under the Contract Documents, except for disputed claims in stated amounts that the Contractor specifically reserves in writing, but only to the extent that the Contractor has complied with all procedures and requirements applicable to the presentation and processing of such claim(s) under the Contract Documents. Contractor shall be entitled to substitute securities for retention or to direct that payments of retention be made into escrow, as provided in Public Contract Code Section 22300, upon execution of the City’s Escrow Agreement for Security Deposits in Lieu of Retention.
E. The parties agree that, for purposes of the timely progress payment requirements specified in Public Contract Code Section 20104.50, the date that the City receives a statement jointly approved by the Contractor and the Engineer as provided above shall be deemed to constitute the date that City receives an undisputed and properly submitted payment request from the Contractor. Progress payments not made within 30 days after this date may be subject to payment of interest as provided in Public Contract Code Section 20104.50.
Form approved by City Attorney 6-23-23 4
F. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.
7. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this Contract or any applicable Laws or Regulations, City is authorized or required to withhold, deduct or charge any sum of money against Contractor, City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate(s), or from any other moneys due or that may become due Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges, City shall have the right to recover the balance from Contractor or its Sureties.
8. COMMENCEMENT AND PROSECUTION OF WORK
Contractor shall commence the Work not later than fifteen (15) working days after the date of the written Notice to Proceed from City to Contractor and shall diligently prosecute the Work to final completion. The phase “commence the Work” means to engage in a continuous program on-site including, but not limited to, site clearance, grading, dredging, land filling and the fabrications, erection, or installation of the Work. The Notice to Proceed shall be issued within fifteen (15) calendar days following execution of the Agreement by the City and the filing by Contractor of the required Bonds and proof of insurance, provided that the Engineer may delay issuance of the Notice to Proceed if the Engineer determines in the Engineer’s sole discretion that conditions on the site of the Work are unsuitable for commencement of the Work. After the Notice to Proceed is issued, the continuous prosecution of Work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.
9. TIME OF COMPLETION
The entire Work shall be brought to completion in the manner provided for in the Contract Documents on or before 40 working days and 0 calendar days from the date of the Notice to Proceed (hereinafter called the “Completion Date”) unless extensions of time are granted in accordance with the Contract Documents.
Failure to complete the entire Work by the Completion Date and in the manner provided for in the Contract Documents shall subject Contractor to liquidated damages as provided in this Agreement. Time is and shall be of the essence in the performance of the Contract and the Work.
10. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK
The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the Work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, whether or not the Form approved by City Attorney 6-23-23 5
unsatisfactory character of such work or material was apparent or detected at the time such payment was made.
11. ACCEPTANCE NOT RELEASE
Contractor shall correct immediately any defective or imperfect work or materials that may be discovered before final acceptance of the entire Work, whether or not such defect or imperfection was previously noticed or identified by the City. The inspection of the Work, or any part thereof, shall not relieve Contractor of any of its obligations to perform satisfactory work as herein specified.
Failure or neglect on the part of City or any of its officers, employees or authorized agents to discover, identify, condemn or reject defective or imperfect work or materials shall not be construed to imply an acceptance of such work or materials, if such defect or imperfection becomes evident at any time prior to final acceptance of the entire Work, nor shall such failure or neglect be construed as barring City from enforcing Contractor’s warranty(ies) or otherwise recovering damages or such a sum of money as may be required to repair or rebuild the defective or imperfect work or materials whenever City may discover the same, subject only to any statutes of limitation that may apply to any such claim.
12. CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART The City shall have the right at any time to enter upon the Work and perform work not covered by this Contract, or to occupy and use a portion of the Work, prior to the date of the final acceptance of the Work as a whole, without in any way relieving Contractor of any obligations under this Contract.
13. NO WAIVER OF REMEDIES
Neither the inspection by City, its officers, employees or agents, nor any certificate or other approval for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City, its officers, employees or its agents shall operate as a waiver of any provision of the Contract Documents nor of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in the Contract Documents shall be taken and construed as cumulative; in addition to each and every other remedy herein provided, the City shall have any and all equitable and legal remedies that it would in any case have.
14. WARRANTY
Except as otherwise expressly provided in the Contract Documents, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all Work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the Work, or otherwise provided as a part of the Work pursuant to the Contract, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire Work by the City.
Form approved by City Attorney 6-23-23 6
Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City.
In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City.
In addition to the above, the Contractor shall make a written assignment of all manufacturer’s and other product warranties to the City, prior to completion and final acceptance of the Work by City.
The Contractor’s Performance Bond shall secure the performance of the Contractor’s obligations under this Section 14, and the Contractor and its Surety shall be jointly and severally liable for these obligations.
15. LIQUIDATED DAMAGES IF WORK NOT COMPLETED ON TIME
A. The actual fact of the occurrence of damages and the actual amount of the damages that City would suffer if the entire Work, and/or any specified portion thereof, were not completed within the time(s) specified herein are dependent upon many circumstances and conditions that could prevail in various combinations, and for this reason, it is impracticable and extremely difficult to fix the actual damages. Damages that City would suffer in the event of such delay include: loss of the use of the project; expenses of prolonged assignment to the project of an architectural and/or engineering staff; prolonged costs of administration, inspection, and supervision; increased operational expenses and/or impaired operation of other facilities dependent upon completion of the project; and the loss and inconvenience suffered by the public within the City of Sacramento by reason of the delay in the completion of the project or portion thereof. Accordingly, the parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the amount(s) set forth herein as liquidated damages reflect the parties’ best efforts at the time of entering into the Contract to estimate the damages that may be incurred by City and the public due to the Contractor’s delay in completion of the Work and/or any specified portion thereof, and shall be presumed to be the amount of damages sustained by the failure of Contractor to complete the entire Work and/or any specified portion thereof within the time(s) specified herein.
Form approved by City Attorney 6-23-23 7
B. Contractor shall pay liquidated damages to City for failure to complete the entire Work by the Completion Date (as extended in accordance with the Contract Documents, if applicable) in the amount of $1,000/day for each calendar day after the Completion Date (as extended in accordance with the Contract Documents, if applicable), continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the City and Contractor as the loss to City and the public resulting from Contractor's default.
The parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the foregoing provisions provide for the imposition of liquidated damages from the Completion Date (as extended in accordance with the Contract Documents, if applicable) until the date of completion of the entire Work as determined by the Engineer in accordance with Section 8-4 of the Standard Specifications, whether or not the Work or any portion thereof is claimed or determined to be substantially complete prior to such date of completion.
16. INDEMNITY AND HOLD HARMLESS
A. Contractor shall defend, hold harmless and indemnify the City, its officers, employees, and agents, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the Work, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform the Work by the Contractor, any subcontractor or agent, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder, or (ii) such Liabilities are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from (i) the sole negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, or (ii) the active negligence of City.
B. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 16, nor shall the limits of such insurance limit the liability of Contractor hereunder. The provisions of this Section 16 shall survive any expiration or termination of the Contract.
Form approved by City Attorney 6-23-23 8
17. CONTRACTOR SHALL ASSUME RISKS
Until the completion and final acceptance by City of all Work under this Contract, the Work shall be under Contractor's responsible care and charge, and Contractor, at no cost to City, shall rebuild, repair, restore and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the Work.
18. GENERAL LIABILITY OF CONTRACTOR
Except as otherwise herein expressly stipulated, Contractor shall perform all the Work and furnish all the labor, materials, tools, equipment, apparatus, facilities, transportation, power and light, and appliances, necessary or proper for performing and completing the Work herein required in the manner and within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be solely for the purpose of explanation.
19. INSURANCE
During the entire term of the Contract, Contractor shall maintain the insurance coverage described in this Section 19.
Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Work performed by Contractor under this Contract. No additional compensation will be provided for Contractor’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Contractor and its subcontractors, products and completed operations of Contractor and its subcontractors, and premises owned, leased, or used by Contractor and its subcontractors, with limits of not less than two million dollars ($2,000,000) per occurrence. The policy shall provide contractual liability Form approved by City Attorney 6-23-23 9
and products and completed operations coverage for the term of the policy.
(2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than one million dollars ($1,000,000) per accident. The policy shall provide coverage for owned, non-owned, and/or hired autos as appropriate to the operations of the Contractor.
No automobile liability insurance shall be required if Contractor completes the following certification:
“I certify that a motor vehicle will not be used in the performance of any work or services under this agreement.” ________ (Contractor initials)
(3) Excess Insurance: The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall apply on a primary basis for the benefit of the CITY, and any insurance or self-insurance maintained by CITY, its officials, employees, or volunteers shall be in excess of such umbrella or excess coverage and shall not contribute with it. (4) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers’ Compensation policy shall include a waiver of subrogation in favor of the City.
No Workers’ Compensation insurance shall be required if Contractor completes the following certification:
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________
(Contractor initials)
B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and its subcontractors; products Form approved by City Attorney 6-23-23 10
and completed operations of Contractor and its subcontractors; and premises owned, leased, or used by Contractor and its subcontractors. (2) Automobile Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Contractor’s insurance coverage, including excess insurance, shall be primary insurance as respects City, its officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees, or volunteers. (3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.
D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests’ rating of not less than A:VI.
Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 3 must be declared to and approved by the City in writing prior to execution of this Contract.
E. Verification of Coverage
(1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
(2) For all insurance policy renewals during the term of this Contract, Contractor shall send insurance certificates reflecting the policy renewals directly to:
Form approved by City Attorney 6-23-23 11
City of Sacramento
c/o EXIGIS LLC
P.O. Box 4668 ECM- #35050
New York, NY 10168-4668
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected] (3) The City may withdraw its offer of contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contract. The City may withhold payments to Contractor or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
F. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subsection A, above.
20. FAILURE TO MAINTAIN BONDS OR INSURANCE
If, at any time during the performance of this Contract, Contractor fails to maintain any item of the bonds and/or insurance required under the Contract in full force and effect, Contractor shall immediately suspend all work under the Contract and notify City in writing of such failure. After such notice is provided, or if City discovers such failure and notifies Contractor, the City thereafter may withhold all Contract payments due or that become due until notice is received by City that such bonds and/or insurance have been restored in full force and effect and that the premiums therefor have been paid for a period satisfactory to the Division of Risk Management. Contractor shall not resume work until notified by City to do so, and the City shall have no responsibility or liability for any costs incurred by Contractor as a result of such suspension of Work.
In addition to the foregoing, any failure to maintain any item of the required bonds and/or insurance at any time during the performance of this Contract will be sufficient cause for termination of the Contract by City.
The Contractor shall be solely responsible for, and shall defend, indemnify and hold harmless the City, its officers, employees and agents against and from, any and all damages, claims, losses, actions, costs or other expenses of any kind incurred by any party as a direct or indirect result of any suspension of Work or termination of the Contract under the provisions of this Section.
21. EXCUSABLE DELAYS
Form approved by City Attorney 6-23-23 12
For the purpose of these Contract Documents, the term "Excusable Delay" shall mean, and is limited to, delay caused directly by: acts of God; acts of a public enemy; fires; inclement weather as determined by the Engineer; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privileges established for the manufacture, assemble, or allotment of materials necessary in the Work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the Work ordered by City insofar as they necessarily require additional time in which to complete the Work; the prevention of Contractor from commencing or prosecuting the Work because of the acts of others, excepting Contractor's subcontractors or suppliers; or the prevention of Contractor from commencing or prosecuting the Work because of a Citywide failure of public utility service.
The term "Excusable Delay" shall specifically not include: (i) any delay that could have been avoided by the exercise of care, prudence, foresight and diligence on the part of Contractor; (ii) any delay in the prosecution of any part of the Work that does not constitute a Controlling Operation, whether or not such delay is unavoidable; (iii) any reasonable delay resulting from time required by City for review of any Contractor submittals and for the making of surveys, measurements and inspection; and, (iv) any delay arising from an interruption in the prosecution of the Work on account of reasonable interference by other Contractors employed by City that does not necessarily prevent the completion of the entire Work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as determined by City) and shall not under any circumstances increase the amount City is required to pay Contractor except as otherwise provided in these Contract Documents.
22. CONTRACTOR TO SERVE NOTICE OF DELAYS
Whenever Contractor foresees any delay in the prosecution of the Work, and in any event as soon as possible (not to exceed a period of ten (10) calendar days) after the initial occurrence of any delay that Contractor regards as or may later claim to be an Excusable Delay, the Contractor shall notify the Engineer in writing of such delay and its cause, in order that the Engineer: (i) may take immediate steps to prevent if possible the occurrence or continuance of the delay; or (ii) if this cannot be done, may determine whether the delay is to be considered excusable, how long it continues, and to what extent the prosecution and completion of the Work are delayed thereby. Said written notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth the Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.
After the completion of any part or whole of the Work, the Engineer, in estimating the amount due Contractor, will assume that any and all delays that may have occurred in its prosecution and completion were not Excusable Delays, except for such delays for which the Contractor has provided timely written notice as required herein, and that the Engineer has found to be excusable. Contractor shall not be entitled to claim Excusable Delay for any delay for which the Contractor failed to provide such timely written notice.
Form approved by City Attorney 6-23-23 13
23. EXTENSION OF TIME
If the Contractor complies with Section 22, above, and the Engineer finds a delay claimed by the Contractor to be an Excusable Delay, the Contractor shall be allowed an extension of time to complete the Work that is proportional to the period of Excusable Delay determined by the Engineer, subject to the approval by City of a change order granting such time extension.
During a duly authorized extension for an Excusable Delay, City shall not charge liquidated damages against the Contractor for such delay.
If the City extends the time to complete the Work as provided herein, such extension shall in no way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties of the Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extension of time. The granting of any extension of time as provided herein shall in no way operate as a waiver on the part of City of its rights under this Contract, excepting only extension of the Completion Date for such period of Excusable Delay as may be determined by the Engineer and approved by a duly authorized change order.
24. NO PAYMENT FOR DELAYS
No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the Work whether or not such delays qualify for extension of time under this Agreement; except that this provision shall not preclude the recovery of damages for a delay caused by the City that is unreasonable under the circumstances and that is not within the contemplation of the parties, provided that the Contractor timely submits all such written notice(s) and fully complies with such other procedures as may be specified in the Contract Documents or any Laws or Regulations for Contractor to claim damages for such delay.
25. CHANGES IN THE WORK
Changes in the Work authorized or directed in accordance with the Contract Documents and extensions of time of completion made necessary by reason thereof shall not in any way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such changes in the Work relieve or release the Sureties on Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such change in Work and to any extension of time made by reason thereof.
26. TERMINATION AFTER COMPLETION DATE
In addition to any other rights City may have, if any services or work required under the Contract (including but not limited to punch list items) are not completed as of the Completion Date (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), City may terminate the Contract at any time after the Completion Date ( as adjusted by any extensions of time for Excusable Delays granted Form approved by City Attorney 6-23-23 14
pursuant to the Contract Documents), by providing a written notice to Contractor specifying the date of termination. Such notice also may specify conditions or requirements that Contractor must meet to avoid termination of the Contract on such date. If Contractor fails to fulfill all such conditions and requirements by such termination date, or, if no such conditions or requirements are specified, Contractor shall cease rendering services and performing work on such termination date, and shall not be entitled to receive any compensation for services rendered or work performed after such termination date. In the event of such termination, Contractor shall remain liable to City for liquidated damages incurred for any period of time prior to the termination date.
In addition to any other charges, withholdings or deductions authorized under the Contract or any Laws or Regulations, if City terminates the Contract pursuant to this section, City may withhold and deduct from any payment and/or retention funds otherwise due Contractor any sum necessary to pay the City's cost of completing or correcting, or contracting for the completion or correction of, any services or work under the Contract that are not completed to the satisfaction of the City or that otherwise are deficient or require correction as of such termination date, including but not limited to incomplete punch list items. Such costs shall include all of the City’s direct and indirect costs incurred to complete or correct such services or work, including the City’s administrative and overhead costs. If the amount of payment(s) and/or retention funds otherwise due the Contractor are insufficient to pay such costs, City shall have the right to recover the balance of such costs from the Contractor and/or its Surety(ies).
27. TERMINATION FOR CONVENIENCE
Upon written notice to the Contractor, the City may at any time, without cause and without prejudice to any other right or remedy of the City, elect to terminate the Contract for the convenience of City. In such case, the Contractor shall be paid (without duplication of any items, and after deduction and/or withholding of any amounts authorized to be deducted or withheld by the Contract Documents or any Laws or Regulations):
A. For Work executed in accordance with the Contract Documents prior to the effective date of termination and determined to be acceptable by the Engineer, including fair and reasonable sums for overhead and profit on such Work; B. For reasonable claims, costs, losses, and damages incurred in settlement of terminated contracts with subcontractors, suppliers, and others; and C. For reasonable expenses directly attributable to termination.
Contractor shall not be paid for any loss of anticipated profits or revenue for any Work not performed prior to termination, nor for any economic loss arising out of or resulting from such termination, except for the payments listed in this section. Contractor’s warranty under Section 14 of this Agreement shall apply, and Contractor shall remain responsible for all obligations related to such warranty, with respect to all portions of the Work performed prior to the effective date of the termination for convenience pursuant to this section. The City Form approved by City Attorney 6-23-23 15
shall be entitled to have any or all remaining Work performed by other contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.
28. TERMINATION FOR BREACH OF CONTRACT
If Contractor abandons the Work under this Contract, or if the Contract or any portion of the Contract is sublet or assigned without the consent of the City, or if the Engineer determines in the Engineer’s sole discretion that the conditions of the Contract in respect to the rate of progress of the Work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor violates or breaches, or fails to execute in good faith, any of the terms or conditions of the Contract, or if Contractor refuses or fails to supply enough properly skilled labor or materials or refuses or fails to make prompt payment to subcontractors for material or labor, or if Contractor disregards any Laws or Regulations or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the City may give Contractor and its Sureties written notification to immediately correct the situation or the Contract shall be terminated.
In the event that such notice is given, and, in the event such situation is not corrected, or arrangements for correction satisfactory to the City are not made, within ten (10) calendar days from the date of such notice or within such other period of time as may be specified by the City in the notice, the Contract shall upon the expiration of said period cease and terminate. In the event of any such termination, City may take over the Work and prosecute the Work to completion, or otherwise, and the Contractor and its Sureties shall be liable to City for any cost occasioned City thereby, as hereinafter set forth.
In the event City completes the Work, or causes the Work to be completed, no payment of any kind shall be made to Contractor until the Work is complete. The cost of completing the Work, including but not limited to, extra costs of project administration and management incurred by City, both direct or indirect, shall be deducted from any sum then due, or that becomes due, to Contractor from City. If sums due to Contractor from City are less than the cost of completing the Work, Contractor and its Sureties shall pay City a sum equal to this difference on demand. In the event City completes the Work, and there is a sum remaining due to Contractor after City deducts the costs of completing the Work, then City shall pay such sum to Contractor. The Contractor and Contractor’s Sureties shall be jointly and severally liable for all obligations imposed on Contractor hereunder.
No act by City before the Work is finally accepted, including, but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, assessments of liquidated damages, occupation or acceptance of any part of the Work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach of Contractor, shall be construed to be a waiver or estoppel of the City’s right to act pursuant to this Section upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of City to terminate the Contract pursuant to this Section and pursuant to Sections 26 and 27 are cumulative and are in addition to all other rights of City pursuant to the Contract and at law or in equity.
Form approved by City Attorney 6-23-23 16
29. CONTRACTOR BANKRUPT
If Contractor should commence any bankruptcy proceeding, or if Contractor is adjudged a bankrupt, or if Contractor makes any assignment for the benefit of creditors, or if a receiver is appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice as provided in Section 28 above.
30. SURETIES’ OBLIGATIONS UPON TERMINATION
If the City terminates the Contract pursuant to Section 28 or Section 29 above:
A. The Surety under Contractor’s performance bond shall be fully responsible for all of the Contractor’s remaining obligations of performance under the Contract as if the Surety were a party to the Contract, including without limitation Contractor’s obligations, as provided in the Contract Documents, to complete and provide a oneyear warranty of the entire Work, pay liquidated damages and indemnify, defend and hold harmless City, up to the full amount of the performance bond.
B. The Surety under Contractor’s payment bond shall be fully responsible for the performance of all of the Contractor’s remaining payment obligations for work, services, equipment or materials performed or provided in connection with the Work or any portion thereof, up to the full amount of the payment bond.
31. ACCOUNTING RECORDS OF CONTRACTOR
During performance of the Contract and for a period of three (3) years after completing the entire Work, Contractor shall maintain all accounting and financial records related to the Contract and performance of the Work in accordance with generally accepted accounting practices, and shall keep and make such records available for inspection and audit by representatives of the City upon reasonable written notice.
Form approved by City Attorney 6-23-23 17
32. USE TAX REQUIREMENTS
During the performance of this Agreement, CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows:
A. Use Tax Direct Payment Permit: For all leases and purchases of materials, equipment, supplies, or other tangible personal property used to perform the Agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit from the California State Board of Equalization (“SBE”) in accordance with the applicable SBE criteria and requirements.
B. Sellers Permit: For any construction contract and any construction subcontract in the amount of $5,000,000 or more, Contractor and the subcontractor(s) shall obtain sellers permits from the SBE and shall register the jobsite as the place of business for the purpose of allocating local sales and use tax to the City.
Contractor and its subcontractors shall remit the self-accrued use tax to the SBE, and shall provide a copy of each remittance to the City.
C. The above provisions shall apply in all instances unless prohibited by the funding source for the Agreement.
33. NON-DISCRIMINATION IN EMPLOYEE BENEFITS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.54, Non-Discrimination in Employee Benefits by City Contractors. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter
3.54, entitled “Requirements of the Non-Discrimination in Employee Benefits Code.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.54. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.54 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.
34. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENT
APPLICATION PROCESS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter 3.62, entitled “Ban-The-Box Requirements.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and Form approved by City Attorney 6-23-23 18
understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.62 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.
Contractor agrees to require its subcontractors to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62, and include these requirements in all subcontracts covered by Sacramento City Code Chapter 3.62.
Form approved by City Attorney 6-23-23 19
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set for opposite their names.
DATE
CONTRACTOR
Under penalty of perjury, I certify that the
taxpayer identification number and all other
information provided here are correct.
BY_________________________________ ____________________________________ Print Name ____________________________________ Title DIR Registration # ____________________________________ Federal ID# 04-3789116 ____________________________________ State ID# 237-9012-4 ____________________________________ City of Sacramento Business Operation Tax Certificate No. (City will not award contract until
Certificate Number is obtained)
BOTC: 1113950 Exp. 03/31/26
Type of Business Entity (check one): __ __ Individual/Sole Proprietor _____ Partnership
Corporation
_____ Limited Liability Company
_____Other (please specify:________________)
CITY OF SACRAMENTO
a municipal corporation
DATE BY _________________________________
For: Leyne Milstein, Interim City Manager
Original Approved As To Form: Attest:
City Attorney City Clerk
EXHIBIT A
PROPOSED TRADE ASSIGNMENTS
North Natomas
Regional Park
Fields 1-3 Lighting
TO: Sacramento-Sierra's Building and Construction Trades Council and Local Unions that have executed the Community Workforce Agreement
OWNER:
CONTRACTOR:
ADMINISTRATOR:
PURPOSE:
MEETING PLACE:
City of Sacramento
Big Valley Electric
Rachel Trujillo
To make proposed jurisdictional trade assignments, broken down by craft and classification, as well as to discuss details and answer questions relating to the project scope of work, safety and job requirements.
Operating Engineers Local 3
3920 Lennane Drive, Suite 110
Sacramento, California 95834
(916) 924-8675 - Fax: (Sac-Sierra's Building Trades Office) MEETING DATE:
MEETING TIME:
UNION RESPONSE DATE:
CONTRACTOR RESPONSE DATE:
Approved by CAO 8-29-2024 Page 4
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
REQUIREMENTS FOR THE LOCAL BUSINESS ENTERPRISE PROGRAM
(LBE Program)
1. INTRODUCTION
The City of Sacramento has a Local Business Enterprise (LBE) Program to provide enhanced opportunities for local businesses to participate in the City's procurement and contracting activities. The Program began with an LBE Preference for bid and proposal evaluation. The Program was then expanded to require minimum LBE Participation levels in specific procurement opportunities.
2. APPLICATION
As summarized in the table below, there are two components to the LBE Program:
a. LBE Preference: For certain contracts, a 5% LBE Preference is applied during the bid evaluation process.
b. LBE Participation Requirement: For certain contracts, a minimum 5% LBE participation level is required for a bidder to be considered responsive.
Contracts Under $250,000 Contracts $250,000 or more
Goods
NonProfessional
Services
Professional
Services
Public
Projects Goods
NonProfessional
Services
Professional
Services
Public
Projects
Apply 5% LBE
Preference* YES YES YES YES NO NO YES NO
Apply 5%
Minimum LBE
Participation
Requirement
NO NO NO NO NO YES YES YES
* LBE Preference only applies if the proposed prime contractor qualifies as an LBE.
Local Business Enterprise: A Local Business Enterprise (“LBE”) means a business enterprise, including but not limited to, a sole proprietorship, partnership, limited liability company, corporation, or other business entity that has a “legitimate business presence” within City limits or the unincorporated area of Sacramento County.
A “legitimate business presence” within City limits or the unincorporated area of Sacramento County means:
a. An established business entity operating within the selected areas for at least 12 consecutive months prior to submission of bid; and
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
b. Legally operating a location in the City of Sacramento or unincorporated area1 of Sacramento County that is either:
(1) a principal business office or workspace; or
(2) a regional, branch, or satellite office with at least one full-time employee.
To qualify as an LBE, firms must meet these two requirements prior to the deadline for submission of bids or proposals. Upon the request of the City, firms shall provide proof of legally operating a location within City limits or the unincorporated County with the following documents:
- Tax returns for the business; - Utility bill in the name of the business; - Business license; and/or - Secretary of State filings.
Exceptions from LBE Preference and Participation Requirements The LBE Program does not apply to procurement processes for contracts funded with federal funds, goods or services purchased through cooperative purchase agreements, or contracts entered into in response to a declared emergency.
3. LBE PREFERENCE
For contracts under $250,000, firms that qualify as an LBE will receive a 5% preference on all City procurement opportunities. For professional service contracts only, this preference also applies to procurement opportunities of $250,000 or more. The proposed prime contractor must qualify as an LBE to receive LBE preference points. Utilizing an LBE subcontractor is not a basis for receiving LBE preference points.
For contracts to be awarded in response to a solicitation for bids, a bid or quotation submitted by a firm that qualifies as an LBE will receive a 5% bid evaluation preference for the purpose of determining the lowest responsible bidder. This means that, for bid evaluation purposes, the total price bid by an LBE shall be reduced by 5%. However, this reduction only applies for bid evaluation purposes, and the resulting contract or purchase order will reflect the actual amount bid by the LBE.
For contracts awarded in response to a solicitation for proposals or qualifications, a firm that qualifies as an LBE shall receive additional points during the scoring process, so the final score 1 “Unincorporated area” generally refers to the part of a county that is not part of any city. The unincorporated area of Sacramento County does not include the cities of Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho Cordova, Rancho Cordova, and Sacramento.
(see https://www.saccounty.gov/Government/Pages/CitieswithintheCounty.aspx).
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
awarded to the LBE is increased by 5% of the total possible evaluation points.
The City Manager does not have the authority to waive the application of the LBE Preference.
Only the City Council can waive the application of the LBE Preference. No waiver is required for procurements that are otherwise excluded from the LBE Program (as listed above), including federally funded purchases.
4. LBE PARTICIPATION REQUIREMENT
For non-professional service, professional service, and public project contracts of $250,000 or more, a minimum 5% LBE participation level is required. To receive credit for the 5% minimum participation requirement, bidders must either (a) be an LBE, or (b) subcontract with a qualified LBE.
Under City Code section 3.60.270, when the City establishes a minimum participation level for LBE's on a contract, no contractor shall be considered responsive unless its bid or proposal meets the minimum LBE participation level required.
The City Manager (or designee) has the authority to waive or reduce the LBE Participation requirements on some procurement opportunities prior to acceptance of bids or proposals.
PARTICIPATION LEVEL
LBE Participation: The percentage of LBE participation is determined based on the dollar value of the work to be performed. LBE credit may be obtained by utilizing LBE qualified subcontractors or suppliers, as outlined below.
Participation Credit: To receive credit for LBE participation:
1. An LBE contractor or subcontractor must: (1) be responsible for the execution of a distinct element of the work; (2) possess any license or certification required for the work; and (3) actually perform, manage, or supervise the work without subcontracting or otherwise shifting any portion of the work to another subcontractor.
2. An LBE supplier must: (1) furnish materials or equipment that the supplier sells as a recurring, although not necessarily primary, part of its business; and (2) the materials or equipment must be necessary for performance of the work.
Suppliers: Credit for an LBE supplier of materials or equipment is counted as 100% of the amount paid to the supplier for the materials or equipment. To receive this credit, LBE Suppliers must be listed on a Subcontractor and LBE Participation Verification Form and submitted with a bid or proposal.
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
Subcontractors (including Truckers): To receive credit for an LBE subcontractor, the subcontractor must be listed on a Subcontractor and LBE Participation Verification Form and submitted with a bid or proposal.
Truckers: Credit for an LBE trucker is counted as 100% of the amount paid to the trucker for trucking/hauling services, not including any amount paid to the Trucker for the cost of any materials or equipment being transported by the Trucker.
CONTRACTOR AND SUBCONTRACTOR REQUIREMENTS2
LBE Records: The Contractor shall maintain records of all subcontracts with verified LBE subcontractors and records of materials purchased from verified LBE suppliers for one year after receiving final payment from the City. Such records shall show the name and business address of each LBE subcontractor or supplier and the total dollar amount actually paid to each LBE subcontractor or supplier.
No later than 30 days after completion of the work performed under the contract, a summary of these records shall be prepared, certified correct by the Contractor's authorized representative and furnished to the City. The Contractor shall provide such other information, records, reports, certifications or other documents as may be required by the City, to determine compliance with any provision of the LBE Program or these specifications.
Performance of LBE Subcontractors and Suppliers: The LBE subcontractors and suppliers listed by the Contractor shall perform the work and supply the materials or equipment for which they are listed on the Subcontractor and LBE Participation Verification Form, unless the Contractor has received prior written authorization from the City to perform the work with other forces or to obtain the materials or equipment from other sources. Reasons for requesting such authorization would include:
1. The listed LBE subcontractor or supplier fails to execute a written contract based upon the general terms, conditions, plans, and specifications for the project.
2. The listed LBE subcontractor or supplier becomes bankrupt or insolvent.
3. The listed LBE subcontractor or supplier fails to meet the bond requirements of the Contractor.
4. The work performed or the materials or equipment provided by the listed LBE subcontractor or supplier are unsatisfactory or are not in accordance with the plans and specifications.
5. The listed LBE subcontractor or supplier fails to perform its contractual obligations. 2 These requirements only apply to the LBE Participation component of the LBE Program CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
6. It would be in the best interest of the City.
Subcontractor Substitution: No substitution of an LBE subcontractor shall be made at any time without compliance with the Subletting and Subcontracting Fair Practices Act. If an LBE subcontractor is unable to perform successfully and is to be replaced, the Contractor shall make reasonable efforts to replace the original LBE subcontractor with another verified LBE subcontractor. The new LBE subcontractor must be verified at the time of substitution.
CITY OF SACRAMENTO LBE PROGRAM - 5/31/2023
Reporting and Utilization Requirements and Sanctions: Failure to provide specific information, records, reports, certifications or any other documents required for compliance with these specifications, or failure to utilize one or more LBE's in substantial compliance with the LBE utilization indicated in the Contractor's bid or proposal (unless otherwise authorized by the City as provided herein, or when such failure results from changes to the work approved by the City), shall be considered a breach of the contract.
A deduction may be made from the contract amount and the deduction shall not be more than 10% of the value of the work or materials or equipment that the subject LBE(s) were listed to perform or provide in the Contractor's bid or proposal. Deduction shall be made from any payment due the Contractor. This is in addition to any deduction that may be made under any other provision of the Contract, the Sacramento City Code, or State law.
Hearing and Review of Division Manager Decision: Prior to making a deduction pursuant to the Reporting and Utilization Section above, the City shall provide written notice of the proposed deduction to the Contractor. The Contractor may, no later than 5 working days after receiving such notice, provide a written request to the City for a hearing to contest the proposed deduction. Upon receipt of a timely written request from the Contractor, the City shall schedule a hearing before the Division Manager (as defined in the City's Standard Specifications for Public Construction), and written notice of the date, time, and location of the hearing shall be provided to the Contractor not less than 5 working days prior to the date of the hearing.
The hearing shall be conducted in the manner specified in Section 4-8 of the Standard Specifications, and the Division Manager shall prepare and forward to the Contractor a written decision as soon as practicable after the hearing. The Division Manager's decision shall be subject to review in accordance with the provisions of Section 4-9 of the Standard Specifications. Failure to request such review in compliance with the requirements set forth in Section 4-9 shall constitute acceptance of the Division Manager's decision by the Contractor.
Written Notices: The written notices and request described above shall be provided by registered or certified mail (return receipt requested), by personal delivery, or by any other method that provides reliable evidence of the date of receipt. Written notice provided by personal delivery shall be deemed received on the date of delivery.
LABOR COMPLIANCE REQUIREMENTS
A summary of the labor compliance requirements will be presented at the pre-construction meeting. However, please read the attached documents relating to the labor compliance requirements and expectations for this project. You will be required to sign the labor compliance acknowledgment at the pre-construction meeting if you are awarded the project. For any questions regarding these requirements, please contact
. Each contractor and subcontractor (at all levels/tiers) is required to submit certified payrolls and labor compliance documentation electronically at the discretion of and in the manner specified by, the City of Sacramento.
Electronic submittal will be through a web-based system, accessed on the World Wide Web by a web browser. Each contractor and subcontractor will be given a Log On identification and password to access the City of Sacramento reporting system, currently LCPTracker.
Use of the system may entail additional data entry of weekly payroll information including; employee identification, labor classification, total hours worked and hours worked on this project, wage and benefit rates paid, etc. It is the responsibility of the contractor and subcontractors to manually enter their data into LCPtracker if their payroll system doesn’t transfer directly to LCPtracker, meeting the required deadlines for those documents. This requirement ‘flows down’ to every lower-tier subcontractor and vendor required to provide labor compliance documentation.
All labor compliance requirements must be met by all contractors, sub-contractors, and sub- tier contractors. Failure to meet the labor compliance requirements will result in your pay request or invoice being rejected. No payment shall be made by the City until full compliance has been met. Partial payments/partial withholdings will not be authorized.
This form must be signed by the Prime Contractor and all subcontractors.
Public Works Contractor Responsibilities
Register as a public works contractor prior to bidding or working on this project Pay prevailing wages
Follow apprenticeship requirements
Maintain and submit certified payroll records
Pursuant to Labor Code Section 1776 (h), the City of Sacramento will impose penalties of $100 per day per worker for each day the documentation that is requested is considered late (beyond the 10 days from when notice is given), even if the information you eventually submit is found to be correct. All requested documentation must be uploaded to LCPtracker.
Prevailing Wage Requirements
State Prevailing Wage Determinations https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm * Single asterisk indicates that this wage determination can be used for the life of the contract. **Double asterisk indicates that this wage determination includes predetermined increases.
All workers employed in the execution of a public works project, including sole proprietors, partners, and corporate officers, must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: Labor Code 1774
Overtime must be paid for all hours over 8 in a calendar day and 40 hours in a week. Violations may subject the contractor to a state penalty of $25 per day per worker. References: Labor Code 1810-1815 Saturday/Sunday premium rates are applicable as indicated on prevailing wage determinations.
When required, shift differential rates must be paid for classifications which include a shift determination.
Subsistence/Zone pay must be shown on the fringe benefit statement if not shown on certified payroll.
The contractor must make applicable travel and subsistence payments in accordance with Department of Industrial Relations wage determinations. Reference: Labor Code 1773.1 Prevailing wage determinations and other job site postings are mandatory to be posted at the job site for workers review. Reference: Labor Code 1773.2 https://www.dir.ca.gov/wpnodb.html Contractors violating prevailing wage requirements are subject to a penalty of up to $200 per day per worker, paid in addition to any wage underpayments. Liquidated damages in the amount of the wage underpayments may also apply. Reference: Labor Code 1775 Apprenticeship Requirements
https://www.dir.ca.gov/Public-Works/Apprentices.html
https://www.dir.ca.gov/DAS/DASApprenticesOnPublicWorksSummaryOfRequirements.htm https://www.dir.ca.gov/DAS/PublicWorksForms.htm
DAS140 - Submit contract award information for each craft required on the project using the DAS 140 form https://www.dir.ca.gov/DAS/DASForm140.pdf The DAS140 must be submitted to the applicable committee(s) within 10 days of the date of the prime or subcontract but in no event later than the first day the contractor has workers employed on the public works project. This form must be uploaded to LCPtracker with proof of service. Proof of service must be certified mail or email receipt only.
Labor Compliance Requirements
o If you are approved to train apprentices, you must send the contract award information to your apprenticeship committee.
o If you are not approved to train apprentices, you must send the DAS 140 to EVERY apprenticeship committee in the geographic area of the public works project that can supply apprentices to the site of the public works project.
DAS 142 - Contact the applicable apprenticeship committee to request apprentices for each craft or trade on your project using the DAS 142 form. https://www.dir.ca.gov/DAS/DASForm142.pdf The form must be submitted at least three business days before apprentices are required. This form must be uploaded to LCPtracker with proof of service. Proof of service must be certified mail or email receipt only.
Employ apprentices in the correct ratio. Be sure to employ one hour of apprentice work for every five hours performed by a journeyman level worker. Complaints or violations regarding apprentice ratios will be referred to the DAS. Reference CCR 16434 (c).
Proof of registration in a California approved apprenticeship program is required for all apprentices and must be uploaded to LCPtracker with the first payroll on which the apprentice appears. Once uploaded, you must request an apprentice approval from the City’s Labor Compliance Officer before your payroll can be submitted. https://www.dir.ca.gov/DAS/appcertpw/AppCertSearch.asp Reference: Labor Code 1777.5
CAC2 - Make training fund contributions in the amount established in the prevailing wage rate – either to the applicable apprenticeship committee, or the California Apprenticeship Council (CAC). https://www.dir.ca.gov/DAS/tf/cac2.asp Training Fund Contributions are due on the 15th of each month. This form must be uploaded to LCPtracker.
Proof of Training Fund Contributions - Proof of training fund payment must be uploaded to LCPtracker and is due on the 15th of the following month. Acceptable proof is a Union status letter, copy of cashed check (front and back) or a letter from the CAC. The letter from the CAC can be obtained by visiting https://www.dir.ca.gov/CAC/trainingfund/Tfsearch.html
Certified Payroll Records
Certified Payroll Reports (CPR’s) Contractors and subcontractors are required to submit CPR’s to the City using LCPTracker and to the Labor Commissioner using DIR's electronic certified payroll reporting system. Payroll must be at least bi-weekly, and CPR’s are due within ten (10) days of pay period end date. CPR’s shall contain the same information for compliance with LC § 1776. https://www.dir.ca.gov/PublicWorks/Certified-Payroll-Reporting.html Non-Performance Payroll Report If there is five or more consecutive non-workdays within any single pay period you must submit a non-performance CPR. Payroll must be at least bi-weekly and Non- Performance CPR’s are due within ten (10) days of pay period end date. Fringe Benefit Statement: A fringe benefit statement breaking down fringes paid in cash or contributions to plans/programs are due with first certified payroll report and anytime the fringe benefits change. If paying to a program, list the program information. Documentation that the amount stated on the fringe benefit statement is being paid on the employees’ behalf may be requested for validation.
Other Deductions –Any “other deductions” listed on a CPR needs to be explained on the CPR and must be expressly authorized in writing by the employee. Letter of deduction authorization must be uploaded to LCPtracker. If a court order mandates the deductions, upload a copy of the order to LCPTracker.
Use and Listing of Subcontractors & Suppliers
The prime contractor is responsible for work performed and compliance met by all subcontractors. The Prime Contractor shall perform with its own organization and with the assistance of workers under its immediate superintendence, work of a value not less than twenty percent (20%) of the value of all work in the contract.
The Subletting and Subcontracting Fair Practices Act requires prime contractors to list, at bid time, all subcontractors (including concrete deliveries) who will perform work in excess of one-half of one percent of the total bid amount or $10,000, whichever is greater. For building projects, subcontractors who will perform work in excess of one-half of one percent must be listed. The prime must use those subs as listed at bid time unless a written substitution is requested and approved in writing by the Contracts Specialist and Project Manager before substitution. References: Public Contract Code 4100-4114; Standard Specifications 5, Control of Work Failure to comply with the requirements of the Subletting and Subcontracting Fair Practices Act may result in a penalty of 0-10 percent of the subcontract involved and a referral to the Contractors State License Board.
Reference: Public Contract Code 4110-4111
PW300 All contractors, subcontractors, sub-tier contractors (including concrete delivery companies) are required to submit a PW300 form prior to start of work listing all their subcontractors and suppliers hired to perform work or supply product for the project. Anytime a change is made a new PW300 form must be submitted.
Pay Requests
The City will draft monthly pay request on the 20th of each month for work performed thru the 20th of each month. The City inspector will meet with the contractor to agree on quantities for work performed thru the 20th of each month. The City inspector will fill in the quantities agreed upon, have the contractor sign the draft and the inspector will sign the draft. The City inspector will return the draft to the Contracts & Compliance Specialist for labor compliance review no later than the 25th of each month. If labor compliance is required and has not been met, the Labor Compliance Officer will email the contractor with a list of deficiencies that must be resolved before payment can be approved. By signing below, it is understood that all labor compliance requirements must be met by all contractors, sub-contractors, and sub-tier contractors and failure to meet the labor compliance requirements will result in your pay request or invoice being rejected. No payment shall be made by the City until full compliance has been met. Partial payments/partial withholdings will not be authorized. Once labor compliance has been cleared, upon approval by the Labor Compliance Officer, a final pay request will be routed by the City for signatures and processing. The Labor Compliance Officer will upload a copy of the final signed pay request to LCPTracker.
Completion of Project
Form 264 The Contractor Notification of Completion must be uploaded into LCPTracker. This form is due at the end of the project once all punch list items have been completed and the NOC has been requested to be filed.
In accordance with city policy and contract documents, the undersigned contractor herein certifies that it will comply with the foregoing prevailing wage requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.
Contractor Signature Contractor Printed Name
Title Date
All of the forms discussed in this document can be found in LCPTracker under the eDocuments tab.
Prevailing Wages
You must be paid not less than the wage rates listed in the Department of Industrial Relations wage decisions posted with this notice for the work you perform.
Overtime
You must be paid not less than the overtime rates listed in the Department of Industrial Relations wage decisions posted with this notice for the work you perform.
Enforcement
Contract payment can be withheld to ensure workers receive wages and overtime pay due. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.
Apprentices
Apprentice rates apply only to apprentices properly registered under the State of California apprenticeship programs.
Who to Call for Questions
If you do not receive proper pay for the work you perform, or require further information on the applicable wages, contact the Labor Compliance Officer listed below:
For Labor Compliance Questions or Concerns for the above referenced project, please contact:
This notice must be posted on the job site at all times with the required job postings and DIR wage determinations associated with this project.
1 NOTICE REGARDING ASSEMBLY BILL 626
Assembly Bill 626 (AB 626), signed into law September 29, 2016, established a new claim resolution process for public works project contracts entered into on or after January 1, 2017.
AB 626 is codified in Section 9204 of the California Public Contract Code. Section 9204 remains in effect until January 1, 2020, and as of that date will be repealed unless another statute extends or deletes this sunset date.
Public Contract Code Section 9204 applies to any which is presented by the Contractor to the City. as a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (1) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City; (2) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; or (3) payment of an amount that is disputed by the City.
If Contractor presents a claim to the City in accordance with the provisions of Public Contract Code Section 9204 , the process specified in Section 9204 will be followed, and the provisions of Section 4-8 (Disputed Claims) and Section 4-9 (Review by Cla
Standard Specifications for Public Construction will not apply to the Claim. Contractor shall comply with the provisions of Section 4-7 (Notice of Claims for Additional Compensation or Damages or Contractor shall give a separate written
notice of potential claim that complies with the requirements specified in Section 4-7, except in any case where compliance with the requirements specified in Section 4-7 would conflict with Public Contract Code Section 9204.
Subsection (e) of Public Contract Code Section 9204 requires that the text of Section 9204 or a summary be set forth in the plans or specifications for any public works project that may give rise to a claim under Section 9204.
The full text of Public Contract Code Section 9204 is as follows:
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
2 (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1)
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2)
(commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A)
subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B)
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
3 (ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4)
improvement of any public structure, building, road, or other public improvement of any kind.
(5)
9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the 4 claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A)
entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 5 (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A cla
responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the 6 commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
26 Ban the Box Requirements
BAN THE BOX REQUIREMENTS
INTRODUCTION
On September 6, 2016, the City of Sacramento enacted an ordinance regarding criminal conviction information in the employment application process (the Ban the Box Ordinance), which added Chapter 3.62 to the Sacramento City Code and amended Section 2.40.050 of the Sacramento City Code. The Ban the Box Ordinance prohibits covered employers from asking an applicant for employment to disclose, orally or in writing, information concerning the criminal conviction history of the applicant, including any inquiry about criminal conviction history on any employment application, until the employer has determined the applicant meets the minimum employment qualifications stated in any notice issued for the position.
APPLICATION
City Contract
The Ban the Box Ordinance applies to all city contracts. The term city contract means a contract awarded after January 1, 2017 to a covered employer for services or a public project in return for compensation of $100,000 or more. The term city contract includes contracts for services or public projects that were awarded for an amount less than $100,000, but were amended to increase the total compensation to $100,000 or more.
The Ban the Box Ordinance also applies when the aggregate value of all contracts for services or public projects the City has awarded to the same covered employer within the previous 12 months is $100,000 or more.
The Ban the Box Ordinance does not apply to: (1) contracts awarded by the City Manager in response to an emergency; and (2) contracts for the purchase or lease of equipment, supplies, or other personal property, even if they include incidental services such as delivery, installation, or maintenance. Covered Employer
The Ban the Box Ordinance only applies to covered employers. The term covered employer means a person who is a party to a city contract and has at least 20 employees working either full or part time. The number of employees that a contractor has is determined by adding the contractors employees and the employees of any related person. A person is a related person when any of the following circumstances exists:
(1) The person and the person that is a party to a city contract are both corporations and:
(a) Share a majority of members of their governing boards; or (b) Have two or more officers in common; or
(c) Are controlled by the same majority shareholder or shareholders (control means more than 50% of the corporations voting power); or
(d) Are in a parent subsidiary relationship (such a relationship exists when one corporation directly or indirectly owns shares possessing more than 50% of another corporations voting power). (2) The person otherwise controls and directs, or is controlled and directed by, the person that is a party to a city contract, as determined by the City Manager, or City Manager designee. 27 The term covered employer includes a subcontractor providing services under a city contract if the subcontractor has at least 20 employees, whether full or part time, or the amount of the subcontract is at least 25% of the amount of the city contract.
The term covered employer does not include any unit of federal, state or local government.
Exceptions
The Ban the Box Ordinance provisions do not apply to: (1) a position for which a covered employer is otherwise required by law to conduct a criminal conviction history background check; or (2) a position that will not involve work pursuant to a city contract. Additionally, the Ban the Box Ordinance does not prevent a covered employer from conducting a criminal conviction history background check in subsequent stages of the application process after initially determining whether the applicant meets the minimum employment qualifications.
COMPLIANCE
It is the contractorsresponsibility to determine whether the aggregate value of $100,000 or more has been met, and to notify the City in writing whenever this is the case. It is also the contractors responsibility to ensure that all of its subcontractors who are covered by the Ban the Box Ordinance comply with the provisions of the Ban the Box Ordinance by including these requirements in all subcontracts covered by the Ban the Box Ordinance.
VIOLATIONS AND MONITORING
The Ban the Box Ordinance provides that any violation of the Ban the Box Ordinance by a covered employer constitutes a material breach of the contract, and authorizes the City to terminate the contract. The City may also enforce the Ban the Box Ordinance by investigating any alleged violation (but any failure of the City to investigate does not create a right of action against the City). The City may further require covered employers to verify compliance.
DECLARATION OF COMPLIANCE
To assure compliance with the Ban the Box Ordinance, any person or entity entering into a contract to provide services or a public project to or for the City, after January, 1, 2017, is required to provide the City with a signed Declaration of Compliance in the form specified by the City prior to the Citys execution of the contract. The Declaration of Compliance shall be signed by a duly authorized representative of the person or entity entering into the contract, and when accepted by the City, shall constitute part of the contract.
ADDITIONAL INFORMATION
For a complete description of the Ban the Box Ordinance provisions related to City contracts, refer to the Ban the Box Ordinance, codified at Sacramento City Code Chapter 3.62. The Sacramento City Code is available on the internet at www.cityofsacramento.org.
For more information on the Citys Ban the Box Ordinance, contact Procurement Services at 916 808 6240.
C&D Recycling Requirements Page 1 Rev. 02/01/2011
Construction and Demolition (C&D) Debris Recycling Requirements As a condition of receiving this Contract, Contractor agrees to fully comply with the requirements specified herein for all demolition projects, as well as projects with a valuation of $250,000 or more:
1. Definitions. For purposes of this section, the following terms, words and phrases shall have the following meanings:
“Certified C&D sorting facility” means a facility that receives C&D debris and/or processes C&D debris into its component material types for reuse, recycling, and disposal of residuals and possesses a valid certificate as a C&D sorting facility from the Sacramento Regional County Solid Waste Authority. “Construction and demolition debris” or “C&D debris” means used or commonly discarded materials resulting from construction, repair, remodel or demolition operations on any pavement, house, building, or other structure, or from landscaping that are not hazardous as defined in California Health and Safety Code section 25100 et seq. Such materials include, but are not limited to, concrete, asphalt, wood, metal, brick, dirt, sand, rock, gravel, plaster, glass, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, masonry, plastic pipe, trees, and other vegetative matter resulting from land clearing and landscaping. “Divert” or “diversion” means to use materials for any purpose other than disposal in a landfill or transformation facility. Methods to divert materials include on-site reuse of the materials, delivery of materials from the project site to a certified C&D sorting facility or a recycling facility, or other methods as approved in regulations promulgated by the City Department of Utilities. “Franchised waste hauler” means a person who possesses a valid commercial solid waste collection franchise issued by the Sacramento Regional County Solid Waste Authority. “Mixed C&D debris” means loads that include commingled recyclable and non-recyclable C&D debris generated at a project site.
“Recyclable C&D debris” means C&D debris required to be diverted from landfills as specified in the Waste Management Plan and returned to the economic mainstream in the form of raw material for new, reused or reconstituted products that meet the quality standards necessary to be used in the marketplace.
“Recycling facility” means a facility or operation that receives, processes, and transfers sourceseparated recyclable materials. “Source-separated C&D debris” means recyclable C&D debris that is separately sorted and containerized at the site of generation by individual material type and segregated from mixed C&D debris prior to collection and transporting.
“Waste log” means a record detailing the management of C&D debris generated by the covered project, including the date and weight/volume of material by type that was salvaged, reused, recycled or disposed.
2. Waste Management Plan. A completed WMP (see Attachment 1) must be submitted to and approved by the City prior to commencing any work on the project. The WMP must specify the types of C&D debris that will be generated from the project; the manner in which C&D debris will be managed and/or stored on the project site; the manner in which recyclable C&D debris generated from the project will be recycled or reuse; the person who will haul, collect or transport the recyclable C&D debris from the project site; and the certified C&D sorting facility or recycling facility where recyclable C&D debris will be delivered. The WMP must be approved by the City prior to commencing any work on the project.
C&D Recycling Requirements Page 2 Rev. 02/01/2011
3. Contractor shall be solely responsible for diverting the recyclable C&D materials specified on the WMP. Mixed C&D debris shall be delivered to a SWA-certified C&D sorting facility only. Only the permit holder, the person who generates the waste, a franchised waste hauler, or the City of Sacramento can transport or haul mixed C&D debris. Source-separated C&D debris may be delivered by any person to any recycling facility that accepts such materials. (See Attachment 2 for list of C&D Debris Haulers and Facilities).
4. During the course of the project, Contractor shall maintain a waste log (see Attachment 3), and keep all weight tickets or weight receipts, for all C&D debris hauled away from the project. At a minimum, the waste log shall specify the C&D debris generated by the project; the manner in which C&D debris was recycled or re-used; and the facility where the C&D debris was delivered.
5. Within 30 days after submitting the project completion report, Contractor shall submit to the City a completed waste log, along with copies of supporting weight tickets. Contractor shall maintain and keep accurate and complete records of al bills, weight receipts or weight tickets that were issued for the collection, transport or disposal of C&D debris for a period of one-year after submittal of the waste log.
The records shall be made available for inspection, examination and audit by the City during the one-year retention period to validate the information provided in the WMP and in the waste log. If the City determines noncompliance by the Contractor after an audit has been conducted, Contractor shall reimburse the City for all costs incurred in performing the audit.
6. Failure by Contractor to comply with any provisions specified herein will subject Contractor to possible suspension and/or termination of this Contract for cause; repayment of any or all of the Contract amount disbursed by the City; imposition of a penalty, payable to the City ($50-$250 for first offense, $251-$500 for second offense, and $501-$1500 for subsequent offenses); and/or submission of a performance security deposit fee when submitting a permit application to the City for a project within one year of imposition of the penalty.
For questions or to obtain more information about the Recycling Requirements for C&D debris, contact the City of Sacramento, Solid Waste Services Division, 2812 Meadowview Road, Building 1, Sacramento, CA 95832, or telephone (916) 808-4833, or email C&[email protected]
Building
Permit
Numbers
Please put all known permit numbers related to this project.
Form
submitted by:
Please attach a business card, or put your name with a phone number and/or an email address.
This Waste Management Plan (WMP) must be submitted and approved before your building permit(s) will be issued. Only one WMP is required if a project has multiple building permits associated to it (i.e., multiple houses in a subdivision, or multiple related permits at one address). The administration fee and security deposit (if applicable) must be submitted for this form to be approved.
Administration fee is 0.04% of project valuation (min $40, max $800); security deposit is 1% of valuation (max $10,000). The accompanying Waste Log must be submitted within 30 days of final inspection (or permit expiration) of the project, or a fine may be imposed. Approval may also be delayed if the waste log from a previous project is due.
Building Project Information:
Job Address: Contractor: Phone: Address: Email:
Owner: Phone:
Address: Email:
Briefly describe the project:
Materials Required to be Recycled
50%
of all debris
must be recycled
50% of all debris must be recycled if generated during the course of your project. You can either source-separate them, which may be hauled by anyone, or mix them in one container and send the mixed C&D debris load to a Certified Mixed C&D Sorting Facility. Mixed C&D loads can only be hauled by a franchised hauler or self-hauled. Please see the Definitions section, on the next page, for more information.
Material Management
How the C&D debris will be stored on the project site: Mixed C&D Source-Separated Company to haul away debris: Facilities to receive debris:
Waste Log and tickets must be submitted within 30 days of permit being finaled.
Office Use
Only: Received by: _____________________________________ On date: _________________ Logged Approved Scanned Payment Processed Filed Fee amount:
$_____________
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-0965 / Fax: (916) 808-4999
C&[email protected]
Definitions.
Please read and understand these terms. Call Solid Waste at (916) 808-0965 if these terms are not clear to you. More information is also available online at http://www.sacrecycle.org/.
1. Self-haul or self-hauling: This is when the permit holder, general contractor, or a subcontractor who is doing work on the project hauls their own waste materials for recycling or disposal. Note that a jobsite cleanup crew is not doing other work on the project and is not self-hauling. Jobsite cleanup crews need to be franchised in order to haul mixed C&D debris away.
2. Franchised hauler: See Solid Waste web site (http://www.sacrecycle.org/) for a list of these haulers. These companies are the only companies in Sacramento who can legally collect and haul mixed C&D debris for a fee.
3. Source separation: This is achieving compliance with the recycling requirement by keeping wood, metal, cardboard, or other recyclables in separate containers, and sending it to an authorized recycler. (A list of recyclers is on the Solid Waste web site at http://www.sacrecycle.org/.) Source-separated material may be hauled by anyone.
4. Mixed C&D debris: This is achieving compliance with the recycling requirement by putting all recyclable (and a small amount of unrecyclable) debris into one container. Mixed material must be sent to a certified mixed C&D sorting facility to have the recyclable material extracted and recovered. Mixed material also must be either selfhauled, or hauled by a franchised hauler. If your job site is crowded, this option saves the most space.
5. Certified Mixed C&D Sorting Facility: See the Solid Waste web site for a list. These facilities have been certified by the Sacramento Regional Solid Waste Authority to extract recyclable materials from mixed C&D debris. If you achieve compliance by mixed recovery, your debris must go to a certified mixed sorting facility.
Terms and Conditions
Your approved Waste Management Plan and Waste Log must be kept on the job site in the permit folder for the duration of the project.
City of Sacramento staff may enter the jobsite to inspect waste collection areas.
Only SWA-Certified Mixed C&D Sorting Facilities may be used to recycle these materials if mixed with other materials.
Only SWA-Franchised Haulers or self-haulers (as defined above) may collect and transport trash or mixed C&D material from the jobsite.
Construction and Demolition Debris may not be burned or dumped illegally.
Your Waste Log must be completed and submitted within 30 days of your permit being finaled or expired. All waste hauling and disposal or recycling activity must be entered on the Waste Log, including information from any subcontractors who self-hauled their own debris off-site. Enter your Permit Number on your Waste Log now! You must keep all receipts or weight-tickets from your project for a period of one year from the submittal of your waste log.
Failure to comply with these terms and conditions may result in a fine and a security deposit on future projects.
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4839 / Fax: (916) 808-4999
C&[email protected]
C&D Debris Haulers & Facilities Rev. 02/01/2011
Certified Mixed C&D Facilities
Allied Waste / Elder Creek Transfer and Recovery (916) 387-8425 Florin-Perkins Public Disposal (916) 443-5120
L&D Landfill (916) 737-8640
Waste Management / K&M Recycle America (916) 452-0142
Franchised Haulers
ACES Waste Services, Inc. (866) 488-8837 Elk Grove Waste Management, LLC (916) 689-4052 Allied Waste Services (916) 631-0600 Mini Drops, Inc. (916) 686-8785 All Waste Systems, Inc. (916) 456-1555 Norcal Waste Services of Sacramento (916) 381-5300 Atlas Disposal Industries, LLC (916) 455-2800 North West Recyclers (916) 686-8575 California Waste Recovery Systems (916) 441-1985 Waste Management of Sacramento (916) 387-1400 Central Valley Waste Services, Inc. (209) 369-8274 Waste Removal & Recycling (916) 453-1400 City of Sacramento Solid Waste (916) 808-4839 Western Strategic Materials, Inc. (916) 388-1076 Recyclers* Recovery Stations & Landfills
Bell Marine (916) 442-9089 Elder Creek Recovery & Transfer Station
(916) 387-8425
C & C Paper Recycling (916) 920-2673
EBI Aggregates (916) 372-7580 Kiefer Landfill (916) 875-5555 International Paper (916) 371-4634 L & D Landfill (916) 383-9420 Modern Waste Solutions (916) 447-6800 North Area Recovery Station (916) 875-5555 PRIDE Industries, Inc. (916) 640-1300 Sacramento Recycling & Transfer Station
(916) 379-0500
Recycling Industries, Inc. (916) 452-3961
Sacramento Local Conservation Corps (916) 386-8394 Waste Management Recycle America (916) 452-0142 Smurfit-Stone Container Corporation (916) 381-3340
Southside Art Center (916) 387-8080
Spencer Building Maintenance, Inc. (916) 922-1900
More updated information can be found online at:
http://www.cityofsacramento.org/utilities/
* Please note that any facility may receive source-separated recyclable materials as long as it is authorized to do so by the State of California. This is not meant to be a complete list.
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4833 / Fax: (916) 808-4999
C&[email protected]
C&D Debris Waste Log Rev. 02/01/2011
Project address: This waste log, and copies of supporting weight tickets, must be submitted to Solid Waste within 30 days of submitting the project completion report. The waste log and weight tickets must also be kept on file for one year after project completion.
Date Hauler Material Destination Amount
Hauler: Indicate the Franchisee, Self-Hauler, City of Sacramento, or other hauler who removed the material offsite.
Material: Indicate appropriate category: Scrap Metal, Inert Materials, Cardboard, Wooden Pallets, or Clean Wood Waste.
Destination: Indicate the facility that received the material for disposal or recycling Amount: Indicate the weight. If weight is not known, put volume.
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4839 / Fax: (916) 808-4999
C&[email protected]
12-22-16 Page 1
REQUIREMENTS OF THE NON-DISCRIMINATION IN EMPLOYEE BENEFITS CODE
INTRODUCTION
The Sacramento NonSacramento City Code Chapter 3.54, prohibits City contractors from discriminating in the provision of employee benefits between employees with spouses and employees with domestic partners, and between the spouses and domestic partners of employees.
APPLICATION
The provisions of the Ordinance apply to any contract or agreement (as defined below), between a Contractor and the City of Sacramento, in an amount exceeding $100,000.00. The Ordinance applies property outside the City of Sacramento if the property is owned by the City or if the City has a right to occupy the property; or (iii) at any location where a significant amount of work related to a City contract is being performed.
The Ordinance does not apply: to subcontractors or subcontracts of any Contractor or contractors; to transactions entered into pursuant to cooperative purchasing agreements approved by the Sacramento City Council; to legal contracts of other governmental jurisdictions or public agencies without separate competitive bidding by the City; where the requirements of the ordinance will violate or are inconsistent with the terms or conditions of a grant, subvention or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or agreement; to permits for excavation or street construction; or to agreements for the use of City right-of-way where a contracting utility has the power of eminent domain.
DEFINITIONS
As set forth in the Ordinance, the following definitions apply:
services to be purchased or grants to be provided, at the expense of the City or to be paid out of moneys deposited in the treasury or out of the trust money under the control or collected by the City. use or occupy real property to the exclusion of others, other than the right reserved by the fee owner) or occupancy of real property for a term exceeding 29 days in any calendar year, whether by singular or cumulative instrument, (i) for the operation or use by others of real property owned or controlled by the City for the operation of a business, social, or other establishment or organization, including leases, by others, including leases, concessions, franchises and easements. -will use or encroachment permit for the use of or
encroachment on City property regardless of the ultimate duration of such permit; excavation, street construction or street use permits; agreements for the use of City right-of-way where a contracting utility has the power of eminent domain; or agreements governing the use of City property that 12-22-16 Page 2
constitute a public forum for activities that are primarily for the purpose of espousing or advocating causes or ideas and that are generally protected by the First Amendment to the United States Constitution or that are primarily recreational in nature. thereof
governmental entity pursuant to state or local law authorizing the registration. of insurance; family
medical leave; health benefits; membership or membership discounts; moving expenses; pension and to the extent that the application of the requirements of this chapter to such benefits may be preempted by federal or state.
Contractor shall provide the City with documentation and information verifying its compliance with the requirements of the Ordinance within ten (10) days of receipt of a request from the City. Contractors , Social Security number, work classification, straight time pay rate, overtime pay rate, overtime hours worked, status and exemptions, and benefits for each day and pay period that the employee works on the City Contract. Each request for payroll records shall be accompanied by an affidavit to be completed and returned by the Contractor, as stated, attesting that the information contained in the payroll records is true and correct, and that the Contractor has complied with the requirements of the Ordinance. A violation of the Ordinance or noncompliance with the requirements of the Ordinance shall constitute a breach of contract.
EMPLOYER NOTICE REQUIREMENTS
(a) The Contractor shall give each existing employee working directing on a City Contract, and (at the (b) Contractor shall post, in a place visible to all employees, a copy of the notice provided as
Attachment A
-DISCRIMINATION IN EMPLOYEE BENEFITS CODE
entered into a contract with the City of Sacramento
-Discrimination In Employee Benefits Code (Sacramento City Code Section 3.54).
The Ordinance does not require the Employer to provide employee benefits. The Ordinance does require that if certain employee benefits are provided by the Employer, that those benefits be provided without discrimination between employees with spouses and employees with domestic partners, and without discrimination between the spouse or domestic partner of employees.
The Ordinance covers any employee working on the specific contract referenced above, but only for the period of time while those employees are actually working on this specific contract.
The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement - Family medical leave benefits
- Health benefits - Vacation
- Membership or membership discounts - Travel benefits
- Any other benefits given to employees
(Employee Benefits does not include benefits that may be preempted by federal or state law.) If you feel you have been discriminated or retaliated against by your employer in the terms and conditions of your application for employment, or in your employment, or in the application of these employee benefits, because of your status as an applicant or as an employee protected by the Ordinance, or because you reported a violation of the Ordinance, and after having exhausted all remedies with your employer,
You May . . .
Submit a written complaint to the City of Sacramento, Contract Services Unit, containing the details of the alleged violation. The address is:
City of Sacramento
Procurement Services Division
915 I Street, Second Floor
Sacramento, CA 95814
Bring an action in the appropriate division of the Superior Court of the State of California against the Employer and obtain the following remedies:
- Reinstatement, injunctive relief, compensatory damages and punitive damages -
Attachment B
-DISCRIMINATION IN EMPLOYEE BENEFITS CODE
If your employer provides employee benefits, they must be provided to those employees working on a City of Sacramento contract without discriminating between employees with spouses and employees with domestic partners.
The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement benefits - Family medical leave - Vacation
- Health benefits - Travel benefits
- Membership or membership discounts - Any other benefits given to Employees If you feel you have been discriminated against by your employer . . .
You May . . .
Submit a written complaint to the City of Sacramento, Contract Services Unit, containing the details of the alleged violation. The address is:
City of Sacramento
Procurement Services Division
915 I Street, Second Floor
Sacramento, CA 95814
Bring an action in the appropriate division of the Superior Court of the State of California against the employer and obtain reinstatement, injunctive relief, compensatory damages, punitive damages and and costs.
Discrimination and Retaliation Prohibited.
If you feel you have been discriminated or retaliated against by your employer in the terms and conditions of your application for employment, or in your employment, because of your status as an applicant or as an employee protected by the Ordinance, or because you reported a violation of this Ordinance . . .
You May Also . . .
Submit a written complaint to the City of Sacramento, Contract Services Unit, at the same address, containing the details of the alleged violation.
CITY OF SACRAMENTO
AN ORDINANCE
NON-DISCRIMINATION IN EMPLOYEE BENEFITS
BY CITY CONTRACTORS
Frequently Asked Questions -
Rev. 3-18-2014 Procurement Page 1 of 5
This document contains information on the most important questions about Non-Discrimination in Employee Benefits by City Contractors Ordinance.
These questions and answers are general; see the text of the Ordinance for a more detail explanation.
Q. What is the purpose of Non-Discrimination in Employee Benefits by City Contractors Ordinance?
A. The purpose of the Ordinance is to prohibit contractors from discriminating between employees with spouses and employees with domestic partners, and from discriminating between the spouses and domestic partners of employees, in the provision of employee benefits.
The Ordinance does not require contractors, who do business with the City, to provide employee benefits. It does, however, require those contractors who do business with the City and who do provide employee benefits, to provide those employee benefits without discrimination.
Q. What is the effective date of the Ordinance?
A. The Ordinance applies to any contract which has a bid submittal due date on or after April 1, 2005.
Q. What is the definition of
A. For the purpose of this Ordinance, a Contractor is any person who is a party to an applicable City Contract or Agreement who, in the normal course of business, provides for the performance of public works or improvements, the purchase of goods or services, or grants.
Q. What is the definition of
A. Employee means an individual who performs work directly related to an applicable City Contract, whether the individual works full-time or parttime, is a contingent or contract employee, or is made available to work on the City Contract through a temporary-services agency or similar entity.
CITY OF SACRAMENTO
AN ORDINANCE
NON-DISCRIMINATION IN EMPLOYEE BENEFITS
BY CITY CONTRACTORS
Frequently Asked Questions -
Rev. 3-18-2014 Procurement Page 2 of 5
does not include:
- Individuals who participate in job-training and education programs that have, as their express purpose, the provision of basic job skills and education to participants with the goal of earning a highschool equivalency diploma and permanent employment. - Student interns.
- Individuals participating in specialized training programs.
Q. What is the definition of
A. Domestic Partner means any person who has a currently registered Domestic Partnership with a governmental entity pursuant to state or local law authorizing the registration.
Q. What are Be
A. Employee Benefits subject to the Ordinance are:
- Bereavement leave
- Disability, life and other types of insurance
- Family medical leave
- Health benefits
- Membership or membership benefits
- Moving expenses
- Pension and retirement benefits
- Vacation
- Travel benefits
- Any other benefit offered to employees
Q. What are some conditions that can be met to preclude discrimination in providing employee benefits?
A. If it costs more to provide a certain benefit for the domestic partner of an employee than it costs to provide that same benefit for the spouse of an employee, or if it costs more to provide a certain benefit for the spouse of an employee than it costs to provide that same benefit for the domestic partner of an employee, the contractor will not be deemed to discriminate in the providing employee benefits if the contractor conditions providing the benefit if the employee agrees to pay the excess costs.
CITY OF SACRAMENTO
AN ORDINANCE
NON-DISCRIMINATION IN EMPLOYEE BENEFITS
BY CITY CONTRACTORS
Frequently Asked Questions -
Rev. 3-18-2014 Procurement Page 3 of 5
In the event a contractor is unable to provide a certain benefit to both the spouse or domestic partner of employees, despite taking reasonable measures to do so, the contractor will not be deemed to discriminate in the providing employee benefits if the contractor provides the employee with a cash equivalent.
A contractor will not be deemed to be discriminating in providing employee benefits if the contractor does not provide employee benefits to em spouses or to domestic partners or on
a basis that is unrelated to marital or domestic partner status.
Q. What contracts or agree are subject to the Ordinance? A. Contracts or Agreements subject to the Ordinance are those contracts or agreements with the City, executed in an amount exceeding $100,000.00 (either initial value or total value after any addition or modification), which provide for the performance of public works or improvements, the purchase of goods or services, or grants to be provided, but only to the extent of the operation that occurs:
- Within the City of Sacramento
- On real property outside the City of Sacramento:
- If the property is owned by the City, or
- If the City has a right to occupy the property
- Elsewhere in the United States, at any location where a significant portion of work related to the contract is being performed.
The Ordinance also applies to written agreements for the exclusive use or occupancy of real property, for a period of time exceeding 29 days in any calendar year for:
- The operation or use by others of real property owned or controlled by the City (whether by leases, concessions, franchises, or easements), for the operation of a business, social or other establishment or organization.
- The use or occupancy of real property owned by others (whether by leases, concessions, franchises, or easements).
CITY OF SACRAMENTO
AN ORDINANCE
NON-DISCRIMINATION IN EMPLOYEE BENEFITS
BY CITY CONTRACTORS
Frequently Asked Questions -
Rev. 3-18-2014 Procurement Page 4 of 5
The Ordinance does not apply to:
- Transactions entered into pursuant to cooperative purchasing agreements approved by the City Council.
- Legal contracts of other governmental jurisdictions or public agencies without separate competitive bidding by the City. - Subcontractors or subcontractors of any contract or contractors. - Contracts covering excavation, street construction or street use permits, agreements for the use of City right-of-way where a contracting utility has the power of eminent domain
- Agreements governing the use of City property that constitutes a public forum for activities that are primarily for the purpose of espousing or advocating causes or ideas and that are generally recognized as protected by the First Amendment to the U. S.
Constitution, or that are primarily recreational in nature.
Q. Is it possible to waive the provisions and requirements of the Ordinance? A. Yes. The City Manager, or designee, may waive the requirements of the Ordinance under designated circumstances. All requests for waiver need to be detailed, in writing, and routed through the Project Manager for initial review and approval.
Q. Am I required to provide employee notification regarding the Ordinance? A. Yes. Contractors subject to the Ordinance must give to each current employee (WORKING DIRECTLY ON THE CONTRACT) and, within ten (10) days of hire, each new employee (WHEN WORKING DIRECTLY ON THE CONTRACT), written notification of his or her rights under the Ordinance in a form specified by the City. (See Sample Letter; Attachment A). A copy of each such letter must be retained in an appropriate file for possible future review by an authorized City representative.
In addition, a similar notice must be prominently posted in areas where it may be seen by all employees. (See Sample Poster; Attachment B).
CITY OF SACRAMENTO
AN ORDINANCE
NON-DISCRIMINATION IN EMPLOYEE BENEFITS
BY CITY CONTRACTORS
Frequently Asked Questions -
Rev. 3-18-2014 Procurement Page 5 of 5
Q. If I have questions about the Ordinance or its application, who can I contact for assistance?
A. You can contact the Program Administrator at:
City of Sacramento
Procurement Services
915 I Street, 2nd Floor
Sacramento, CA 95814-2714
(916) 808-6240
(916) 808-5747 (Fax)
Attachment A
-DISCRIMINATION IN EMPLOYEE BENEFITS CODE
-Discrimination In Employee Benefits Code (Sacramento City Code Section 3.54).
The Ordinance does not require the Employer to provide employee benefits. The Ordinance does require that if certain employee benefits are provided by the Employer, that those benefits be provided without discrimination between employees with spouses and employees with domestic partners, and without discrimination between the spouse or domestic partner of employees.
The Ordinance covers any employee working on the specific contract referenced above, but only for the period of time while those employees are actually working on this specific contract.
The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement - Family medical leave benefits
- Health benefits - Vacation
- Membership or membership discounts - Travel benefits
- Any other benefits given to
employees
(Employee Benefits does not include benefits that may be preempted by federal or state law.) If you feel you have been discriminated or retaliated against by your employer in the terms and conditions of your application for employment, or in your employment, or in the application of these employee benefits, because of your status as an applicant or as an employee protected by the Ordinance, or because you reported a violation of the Ordinance, and after having exhausted all remedies with your employer, You May . . .
Submit a written complaint to the City of Sacramento, Procurement Services containing the details of the alleged violation. The address is:
City of Sacramento
Procurement Services Division
915 I Street, Second Floor
Sacramento, CA 95814
Bring an action in the appropriate division of the Superior Court of the State of California against the Employer and obtain the following remedies:
- Reinstatement, injunctive relief, compensatory damages and punitive damages - fees and costs
Attachment B
-DISCRIMINATION IN EMPLOYEE BENEFITS CODE
If your employer provides employee benefits, they must be provided to those employees working on a City of Sacramento contract without discriminating between employees with spouses and employees with domestic partners.
The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement benefits - Family medical leave - Vacation
- Health benefits - Travel benefits
- Membership or membership discounts - Any other benefits given to employees
If you feel you have been discriminated against by your employer . . .
You May . . .
Submit a written complaint to the City of Sacramento, Contract Services Unit, containing the details of the alleged violation. The address is:
City of Sacramento
Procurement Services Division
915 I Street, Second Floor
Sacramento, CA 95814
Bring an action in the appropriate division of the Superior Court of the State of California against the employer and obtain reinstatement, injunctive relief, compensatory damages, punitive damages and reasonable Discrimination and Retaliation Prohibited.
If you feel you have been discriminated or retaliated against by your employer in the terms and conditions of your application for employment, or in your employment, because of your status as an applicant or as an employee protected by the Ordinance, or because you reported a violation of this Ordinance . . .
You May Also . . .
Submit a written complaint to the City of Sacramento, Procurement Services, at the same address, containing the details of the alleged violation.
DECLARATION OF COMPLIANCE
Equal Benefits Ordinance
Name of Contractor
Address
The above named contractor (“Contractor”) hereby declares and agrees as follows:
1. I have read and understand the Non-Discrimination In Employee Benefits By City Contractors Ordinance (“Ordinance”) provided to me by the City of Sacramento (“City”) in connection with the City’s request for proposals or other solicitations for the performance of services, or for the provision of commodities, under a City contract or agreement (“Contract”).
2. As a condition of receiving the City Contract, I agree to fully comply with the requirements of the Ordinance, codified as Chapter 3. 54 of the Sacramento City Code.
3. If the face amount of this City Contract is less than $100,000.00 as a condition of receiving this Contract, I agree to notify the City in writing if the aggregate value of the City Contract referenced herein, after changes, modifications, or similar actions, equals or exceeds $100,000.00 in total value.
4. I understand, to the extent that such benefits are not preempted or prohibited by federal or state law, employee benefits covered by the Ordinance, are any of the following:
a. Bereavement Leave
b. Disability, life, and other types of insurance
c. Family medical leave
d. Health benefits
e. Membership or membership discounts
f. Moving expenses
g. Pension and retirement benefits
h. Vacation
i. Travel benefits
j. Any other benefit offered to employees
I agree that should I offer any of the above listed employee benefits, that I will offer those benefits, without discrimination between employees with spouses and employees with domestic partners, and without discrimination between the spouses and domestic partners of such employees.
5. I understand that I will not be considered to be discriminating in the provision or application of employee benefits under the following conditions or circumstances:
a. In the event that the actual cost of providing a benefit to a domestic partner or spouse, exceeds the cost of providing the same benefit to a spouse or domestic partner of an employee, I will not be required to provide the benefit, nor shall it be deemed discriminatory, if I require the employee to pay the monetary difference in order to provide the benefit to the domestic partner or to the spouse.
b. In the event I am unable to provide a certain benefit, despite taking reasonable measures to do so, if I provide the employee with a cash equivalent, I will not be deemed to be discriminating in the application of that benefit.
c. If I provide employee benefits neither to employee’s spouses nor to employee’s domestic partners.
d. If I provide employee benefits to employees on a basis unrelated to marital or domestic partner status.
e. If I submit, to the Program Coordinator, written evidence of making reasonable efforts to end discrimination in employee benefits by implementing policies which are to be enacted before the first effective date after the first open enrollment process following the date the Contract is executed with the City.
I understand that any delay in the implementation of such policies may not exceed one (1) year from the date the Contract is executed with the City, and applies only to those employee benefits for which an open enrollment process is applicable.
f. Until administrative steps can be taken to incorporate, in the infrastructure, nondiscrimination in employee benefits
The time allotted for these administrative steps will apply only to those employee benefits for which administrative steps are necessary and may not exceed three (3) months from the date the Contract is executed with the City. g. Until the expiration of a current collective bargaining agreement(s) where, in fact, employee benefits are governed by a collective bargaining agreement(s). h. I take all reasonable measures to end discrimination in employee benefits by either requesting the union(s) involved agree to reopen the agreement(s) in order for me to take whatever steps are necessary to end discrimination in employee benefits or by my ending discrimination in employee benefits without reopening the collective bargaining agreement(s). i. In the event I cannot end discrimination in employee benefits despite taking all reasonable measures to do so, I provide a cash equivalent to eligible employees for whom employee benefits (as listed previously), are not available.
Unless otherwise authorized in writing by the City Manager, I understand this cash equivalent must begin at the time the union(s) refuse to allow the collective bargaining agreement(s) to be reopened or no longer than three (3) months from the date the Contract is executed with the City.
6. I understand that failure to comply with the provisions of Section 5. (a) through
4. (i), above, will subject me to possible suspension and/or termination of this Contract for cause; repayment of any or all of the Contract amount disbursed by the City; debarment for future contracts until all penalties and restitution have been paid in full; deemed ineligible for future contracts for up to two (2) years; the imposition of a penalty, payable to the City, in the sum of $50.00 for each employee, for each calendar day during which the employee was discriminated against in violation of the provisions of the Ordinance.
7. I understand and do hereby agree to provide each current employee and, within ten (10) days of hire, each new employee, of their rights under the Ordinance. I further agree to maintain a copy of each such letter provided, in an appropriate file for possible inspection by an authorized representative of the City. I also agree to prominently display a poster informing each employee of these rights.
8. I understand that I have the right to request an exemption to the benefit provisions of the Ordinance when such a request is submitted to the Procurement Services Division, in writing with sufficient justification for resolution, prior to contract award.
I further understand that the City may request a waiver or exemption to the provisions or requirements of the Ordinance, when only one contractor is available to enter into a contract or agreement to occupy and use City property on terms and conditions established by the City; when sole source conditions exist for goods, services, public project or improvements and related construction services; when there are no responsive bidders to the EBO requirements and the contract is for essential goods or services; when emergency conditions with public health and safety implications exist; or when the contract is for specialized legal services if in the best interest of the City.
9. In consideration of the foregoing, I shall defend, indemnify and hold harmless, the City, its officers and employees, against any claims, actions, damages, costs (including reasonable attorney fees), or other liabilities of any kind arising from any violation of the City’s Equal Benefits Requirements or of the Ordinance by me.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind the Contractor to the provisions of this Declaration.
Signature of Authorized Representative Date
Print Name
Title
SPECIAL PROVISIONS
North Natomas Regional Park Sports Fields 1-3 Lighting Page 1 of 23 SPECIAL PROVISIONS FOR:
NORTH NATOMAS REGIONAL PARK FIELDS 1-3 LIGHTING
PN: L19140700
May 29, 2025
I. GENERAL REQUIREMENTS
A. SCOPE AND LOCATION OF WORK
The work to be performed under these Special Provisions consists of park improvements at North Natomas Regional Park in Sacramento. The improvements will consist of providing and installing sports field lights for baseball fields 1, 2 and 3. Additional improvements will include the installation of two bull pens on field 1, with demolition, clearing and grubbing, grading, 8’ and 6’ chain link fencing, concrete flatworks, concrete mow strip, decomposed granite paving irrigation modifications and baseball rubber and homeplates.
B. COMPLETION TIME
The time for the completion of all work is FORTY (40) Working Day from the Notice to Proceed for substantial completion. Should said work not be completed to the satisfaction of the City within said time, the contractor shall pay to the City of Sacramento a sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages and not as a penalty for each calendar day delay after the expiration of such period until the final acceptance of the work by the City and its delivery to the City.
C. SPECIFICATIONS
The work to be performed under this contract shall be done in accordance with the Standard Specifications of the City of Sacramento, (adopted in November 2020), which can be accessed at
http://www.cityofsacramento.org/Utilities/Development-Standards, referred to herein as "Standard Specifications" as modified by these Special Provisions, which shall apply to all work.
i. Standard Specification 1-23
The word “Engineer” shall also mean “Landscape Architect” as defined in Standard Specification Section 1-33.
ii. Standard Specifications Section 2-9 SUBCONTRACTORS
Add the following after subparagraph 2 in the Standard
Specifications:
If a prime Contractor fails to specify a subcontractor, or, if a prime Contractor specifies more than one (1) subcontractor for the same portion of work to be performed under the Contract, which portion exceeds one-half of one percent of the prime Contractor's total bid, the prime Contractor agrees that it is fully qualified to perform that portion of the work and that the prime Contractor shall perform that portion of the work.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 2 of 23 iii. Standard Specifications Section 5-4 COOPERATION OF
CONTRACTOR
Add the following after the last paragraph of the Standard Specifications Section 5-4 COOPERATION OF CONTRACTOR with the following:
Contractors shall cooperate with the Landscape Architect, City inspectors, and with other Contractors that may be working at the same jobsite as directed by the Landscape Architect and/or City inspector. The City inspector shall designate the sequence of construction in case of a disagreement between Contractors. iv. Standard Specifications Section 7-2 WORK SCHEDULE AND
ADEQUATE RESOURCES
Add the following after the last paragraph of the Standard Specifications Section 7-2 WORK SCHEDULE AND ADEQUATE
RESOURCES:
The contractor shall submit with each Pay Request Application an updated Work Schedule. The updated Work Schedule is an integral part of the Pay Request Application. The Pay Request Application will not be accepted for processing without an accompanying updated Work Schedule.
v. Standard Specifications Section 8 -1 MEASUREMENT OF
QUANTITIES
Add the following paragraph: "The Landscape Architect shall determine quantities of work acceptable under the terms of the Contract. Not more than once per month the Contractor shall present to the Landscape Architect a statement showing the amount of labor and materials incorporated into the work.”
vi. Special Notice Regarding Standard Specifications: The Standard Specifications of the City of Sacramento, dated November 2020, are subject to the provisions of Chapter 3.60 of the Sacramento City Code. If there is any conflict between the Standard Specifications as currently written and Chapter 3.60 of the Sacramento City Code, the City Code shall govern.
D. SUBCONTRACTORS
The Contractor shall comply with Section 2-9 of the Standard Specifications.
E. SCHEDULE OF UNIT PRICES
The designated lowest responsible bidder shall provide a Schedule of Unit Prices to the Landscape Architect prior to the award of the Contract. The form for the Schedule of Unit Prices will be provided to the bidder by the Landscape Architect after issuance of the Notice of North Natomas Regional Park Sports Fields 1-3 Lighting Page 3 of 23 Award. This Schedule of Unit Prices shall be used for Contract payments; only the unit process stated on the bid sheet. Unit prices provided on the Schedule of Unit Prices are for information only and may be used as a basis for determining the Contractor’s direct costs in preparing change orders for additional work.
F. TIME OF AWARD
Section 3-2TIMEOF AWARD of the Standard Specifications, the first paragraph is amended as follows: “The award of a formally bid Contract, if made, will be made within ninety (90) calendar days after opening of the Proposals.
G. PRE-BID INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretation will be made to any bidder as to the meaning of the Contract Documents. Request for interpretation shall be made in writing and delivered to the City at least seven (7) days before the time announced for opening the Proposals. Interpretation, where necessary, will be made by the City in the form of an addendum to the Invitation for Bids, and when issued, will be sent as promptly as is practical to all parties to whom the bid documents have been issued who have subscribed to Planet Bids. All such addenda shall become part of the Contract. Request for information regarding shall be directed to Dennis Day, a Department of Youth, Parks and Community Enrichment, Park Planning & Development Services, 915 I Street, 3rd Floor, Sacramento, CA 95814, (916) 380-8813, FAX (916) 808-8275, email:
[email protected].
It shall also be the bidder's responsibility to call to the attention of the Landscape Architect any missing pages or drawings in the contract documents, including the addenda. These items shall be brought to the attention of the Landscape Architect at least seven (7) calendar days before the bid opening date.
H. PRE-JOB CONFERENCE AND CONSTRUCTION SCHEDULE
The Contractor, after delivery by City of the executed Contract and at least three (3) calendar days before beginning work, shall notify the Landscape Architect to arrange for a pre-job conference. The Contractor shall submit to the Park Construction Inspector construction progress schedules in accordance with Section 7-2 of the Standard Specifications.
I. WORKMANSHIP AND MATERIALS
Except as otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new. The quality of materials and workmanship shall be in accordance with the provisions of Section 5-17 of the Standard Specifications. The appearance of the finished work is of primary importance in all phases of this project. Any portion of the work may be rejected due to appearance defects.
J. TRADE NAMES AND ALTERNATIVES
In accordance with Paragraph 5-18 of the Standard Specifications, certain articles or materials to be incorporated in the work may be designated, for North Natomas Regional Park Sports Fields 1-3 Lighting Page 4 of 23 convenience, under a trade name or the name of a manufacturer and the catalogue information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the approval of the Landscape Architect. The Contractor shall, within seven (7) calendar days after issuance of the Bid Summary and Notification of Award Recommendation, submit for the review of the Landscape Architect, materials, products, equipment and services which differ in any respect from the materials, products, equipment and services specified in the Invitation for Bids. Such submittals shall be accompanied by data to substantiate that such items are equal to those specified. The Landscape Architect shall be the sole judge as to the quality and suitability of substitutions and his/her decision shall be final. Requests for substitutions will not be entertained or considered by the Landscape Architect during the bidding period. No delay or extension of the Contract time will be allowed because of the time required for submitting substitutions or for determining their equality. Failure to propose the substitution of any article or service within seven (7) calendar days after the issuance of the Bid Summary and Notification of Award Recommendation will be deemed sufficient cause for the denial of request for substitution.
After approval for a substitution is given, the Contractor shall be responsible for any variation of dimensions, locations, connections, sizes and openings, type and construction of substrate or support to receive materials, etc. The Contractor shall furnish and install any and all additional materials as may be required to perform a complete job without additional cost to the City.
Request for substitution approval shall, in addition to the directions described above, list any and all deviations in the quality, criteria, characteristics or dimensions from the specified item or items. Any deviations in the quality, criteria, characteristics or dimensions that do not appear in the request for substitutions and subsequently appear in the shop drawings or in the product or installation may cause the Contractor to be directed to remove the item or items in total and at its expense, and to provide and install the item or items as originally specified. The mere mention in the request for substitution that the item or items will be in accord with the manufacturer's specification or catalog will not be sufficient to alter the specifications. The request for substitution must specifically list where deviations in the quality, criteria, characteristics or dimensions exist.
K. ACCIDENT PREVENTION
The Contractor's attention is directed to Section 6-9 of the Standard Specifications, which requires compliance with all requirements of the California Occupational Safety and Health Act.
L. LOCATION OF EQUIPMENT AND PIPING
Drawings showing locations of equipment, piping, valves, sprinkler heads, and other appurtenances are diagrammatic only. When installation deviates from the plans and specifications, the Landscape Architect shall be notified for approval.
The Contractor will be held responsible for deviations made without first obtaining the Landscape Architect's written approval, and shall remove and relocate such items at his own expense if so directed by the Park Construction Inspector.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 5 of 23 M. RELIEF FROM MAINTENANCE AND RESPONSIBILITY
Upon the written request of the Contractor and upon written approval by the Landscape Architect, the Contractor may be relieved of the duty of maintaining and protecting certain portions of the work, which have been completed in all respects in accordance with the requirements of the Contract and to the satisfaction of the Landscape Architect, and thereafter, except with his or her consent, the Contractor will not be required to do further work thereon. In addition, such action by the Landscape Architect will relieve the Contractor of responsibility for injury or damage to said completed portions of the work resulting from use by public traffic or from the action of the elements or from any other cause, but not from injury or damage resulting from the Contractor's own operations or from its negligence. Nothing in this section providing for relief from maintenance and responsibility will be construed as relieving the Contractor of full responsibility for repairing or replacing defective work or materials found at any time before either the formal acceptance of the entire work by the City or during the applicable guarantee period.
N. COORDINATION OF CONTRACT DOCUMENTS
The following sentence is added to the end of Section 5-3 of the Standard Specifications:
In case of conflict between drawings and specifications, the drawings shall govern in matters of quantity and the specifications in matters of quality. In case of conflict within the drawings involving quantities or within the specifications involving qualities, the greater quantity and the higher quality shall be furnished.
O. PROTECTION OF DRAINAGE FACILITIES
The Contractor shall maintain all new drainage facilities so storm drainage runoff into the new system is clean. Use straw bales around inlets to minimize sediment infiltration during rainy season and control of the irrigation schedule to minimize runoff during initial planting of turf is required.
P. CLEANING
The Contractor shall at all times keep the work site free from accumulations of waste material or rubbish caused by its employees work, and at the completion of work, the Contractor shall remove all rubbish from and about the work site and all tools, scaffolding and surplus materials, and shall leave the work site, including all sidewalks and paving areas, "broom clean", or its equivalent, unless more exactly specified in other trade sections of the specifications. In case of dispute, the City may remove the rubbish and charge the cost to the Contractor.
The Contractor at its expense shall remove spillage resulting from hauling operations along or across any public street immediately. Water or dust palliative shall be applied if ordered by the Park Construction Inspector for the alleviation or prevention of dust nuisance. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
Q. SUBMITTALS
In accordance with the provisions of Section 5-7, Standard Specifications (except where noted below), the Contractor shall furnish the Landscape Architect with such shop drawings and other descriptive materials as may be necessary to North Natomas Regional Park Sports Fields 1-3 Lighting Page 6 of 23 adequately describe the equipment, material, and fabricated items proposed to be furnished under the Contract, and to determine their compliance with the specifications, design, and arrangement shown on the contract drawings. Items to conform to Special Provisions and may include, but not limited to:
ITEM PRODUCT
DATA
SHOP
DRWINGS
MOCK-UP
OR
SAMPLE
Electrical System Materials X
Light Structure System with Total
Light Control -TLC for LED
technology
X
Chain Link Fencing and Gates X
Aggregate Base X
Concrete Flatwork X
Decomposed Granite Paving X
Irrigation Materials X
Baseball Bases X
One (1) copy of such submittals shall be furnished for review by the Landscape Architect, a digitally scanned copy will promptly be returned with approval, rejection, or approval with modification. Neither equipment nor material shall deviate in any way from the approved drawings without prior written approval of the Landscape Architect. Any fabrication of other work performed in advance of such approval shall be done entirely at the risk of the Contractor. The approval of submitted drawings or other descriptive material shall not relieve the Contractor of any obligation or responsibility for fulfillment of the Contract requirements.
R. RECORD DRAWINGS OF NEW CONSTRUCTION
Should the work as installed differ from the original design, the Contractor shall supply the City with a reproducible full size PDF drawing and (1) Full size and (1) ½ size hard copy set with all deviations from the original recorded thereon (layout and grades included). This "as-built" shall be found to be of acceptable quality by the Landscape Architect. Upon request, the City shall supply the Contractor with a PDF for his/her "as-built" drawing. "As-built" drawings shall also be required as stated in Section 36-4 of the Standard Specifications.
S. LICENSE REQUIREMENTS
For this publicly bid project a General Engineering Contractor “A”. The “A” contractor is categorized as a general engineering contractor, and a C10- Electrical contractor as stated in the Business and Professions Code (B&P) Section 7056 of Article 4 Classifications on the California Contractors State License Board website.
T. PROTECTION OF EXISTING CONCRETE AND ASPHALT PAVEMENTS Contractor shall repair and replace to City standards any existing asphalt or concrete pavements damaged during construction activities at no expense to the City. These pavement areas include street, curb and gutter, sidewalk and park North Natomas Regional Park Sports Fields 1-3 Lighting Page 7 of 23 path. Contractor shall meet with the Park Construction Inspector prior to commencing work to document existing conditions of these paved areas.
U. PROJECT COORDINATION
Contractor shall complete all general coordination with the Project Manager, the Landscape Architect, the City Inspector, and other City staff as necessary to complete the Project in an efficient workmanlike manner. This coordination includes Submittals; Record Drawings; Maintenance of Traffic, Public Safety, and Convenience; Protection of Existing Improvements; Construction Facilities and Temporary Controls; Temporary Electricity; Project Closeout; and Operation and Maintenance Data for this Project
V. CORONAVIRUS (COVI-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 protect people 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 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/QC, 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 evaluate 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. If awarded the contract, Bidders are encouraged to prepare a COVID-19 Exposure Prevention, Preparedness and Response Plan (a “COVID-19 Plan”) before commencing Work. The COVID-19 Plan should describe 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 COVID19 Workplace Safety Guidance documentation, such as:
https://www.osha.gov/Publications/OSHA3990.pdf, as a resource in North Natomas Regional Park Sports Fields 1-3 Lighting Page 8 of 23 preparation of its COVID-19 Plan. Other reliable and current sources of COVID-19 information can be found from:
The California Department of Public Health (CDPH, State), including without limitation, guidance such as:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/nCOV20
19.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/COVID19/Pages/default.aspx The COVID-19 Plan should 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.
1.04 It is the responsibility of each Bidder to alert all potential subcontractors and suppliers of every tier and trade to also factor 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 North Natomas Regional Park Sports Fields 1-3 Lighting Page 9 of 23 productivity); deliveries; supervision; testing; procurement of materials or equipment; and time caused by COVID-19 safety requirements 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, or from any public health or governmental directives in place at the time Bids are received by the City for this Project.
W. CWTA Language for Specifications – Estimate Over $1 Million
CWTA REQUIREMENTS
This project is subject to the requirements of the City’s Local Hire and Community Workforce Training Program and the City’s Community Workforce Training Agreement (CWTA). A copy of the CWTA and a summary of its requirements (CWTA Summary) is provided in Exhibit D to this solicitation. By submitting a bid, the Contractor acknowledges that it has read and understands all the requirements, terms, and conditions of the CWTA and CWTA Summary, and has included all costs associated with compliance with the CWTA in its bid.
The Contractor must execute Addendum A to the CWTA (“Agreement to be Bound”) and provide an executed original to the City before the contract can be awarded. Each subcontractor for Work covered by the CWTA, including subcontractors not listed at the time of bid or otherwise hired after contract award, must also execute Addendum A to the CWTA. No subcontractor may perform Work prior to executing Addendum A and providing the executed original to the City.
The failure to sign and submit Addendum A by any subcontractor, shall be grounds for subcontractor substitution and/or for the City to withhold payment for the Work performed in the absence of the necessary Addendum A.
Contractor must include the provisions of this section, as well as a copy of the CWTA and the CWTA Summary, in every subcontract for Work covered by the CWTA.
By submitting a bid, Contractor represents that the Contractor and all its subcontractors performing Work covered by the CWTA will execute the Addendum A if awarded the contract.
The failure to submit an Addendum A or to otherwise comply with the requirements of the CWTA on this project may also result in a future determination that the Contractor and/or subcontractor is not responsible (pursuant to City Code section 3.60.020) when bidding on future projects for the City of Sacramento.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 10 of 23
ITEMS OF THE BASE BID PROPOSAL
Item No. 1 - Temporary Construction Fence
This item shall consist of furnishing, installing, and maintaining a temporary 6’ Chain Link Panel Construction Fence around the construction area shown on the Plans in conformance with Section 10 of the Standard Specifications.
A. Demolition shall begin only after the temporary fence has been installed. Fence to remain in place throughout the duration of the project until project acceptance, or as directed by the Park Construction Inspector.
Payment shall be made at the lump sum price bid, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in Temporary Construction Fence to Install as shown on the plans, as specified in these Special Provisions, and directed by the Inspector.
Item No. 2 – Electrical System
This item shall consist of furnishing, installing and testing the electrical system, as shown on the plans in conformance with section 34 and 38 of the Standard Specifications and these Special Provisions.
A. Electrical conduits it’s the contractor’s responsibility to locate the electrical conduits with a locator prior to the start of construction. If the City has a ‘Record Drawing’ plan a copy will be supplied to the contractor but City can’t guarantee the accuracy of the ‘Record Drawing’.
B. Electrical Incidental Parts which are not shown on the plans or specified herein, and which are necessary to complete the park electrical shall be furnished and installed as through such parts were shown on the plans or specified herein.
C. Electronic Marker System shall conform to Section 10-54 of the Standard Specifications, except as amended by the following: no marker locators will be required by the Contractor.
Contractor shall supply only enough markers for use in new electrical system. The markers shall be placed within the pull box cover of buried lawn area pull boxes. The marker shall be 3M EMS 4” Extended Range 5’ Ball Marker – Power 1402-XR.
D. Branch Circuit, Wiring, Lighting Control Panel, and Lighting Breakers shall conform with the engineer’s specifications and as shown on the plans.
Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved completing the Electrical System as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.
Item No. 3 – Lighting Structure System with Total Light Control This item shall consist of furnishing, receiving, and storing lighting structure system equipment until it is installed, as shown on the plans in conformance with section 34 and 38 of the Standard Specifications and these Special Provisions.
A. The Lighting Structure System with Total Light Control -TLC for LED technology shall be by Musco Sports Lighting or approved equal, and per the plans and details, and the specification as follows:
North Natomas Regional Park Sports Fields 1-3 Lighting Page 11 of 23 B. The project is identified by Musco as Natomas Baseball Complex in Sacramento, CA.
Project # 121604.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 12 of 23 Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved completing the Lighting Structure System with Total Light Control as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.
Item No. 4 – City Building Parmit Inspection Coordination This item shall consist of scheduling and coordinating all necessary City Building Permit inspections required for the project, including obtaining a final inspection and closing out the City Building permit for the work shown on the plans in conformance with these Special Provisions and City Building Permit.
A. City Building Permit- The City Project Manager will apply for a City Building Permit for the project. All the engineered drawings, permit fees and Special Inspections will be paid for the project by the City.
B. Contractor’s Responsibility - The Contractor shall be responsible for the project Building Permit during the project, and return the approved permit to the Landscape Architect upon completion, and include the follows:
1. Building Inspection Updates – Contractor shall provide the Landscape Architect and Construction Inspector with monthly updates on the progress of all building inspections and invite the Construction Inspector to attend Building Permit inspections.
2. Construction and Demolition Debris Ordinance (projects over $250,000) – Contractor shall keep a Waste Log of all materials hauled away from the project, including weight tickets of disposal and recycled materials. Waste Log shall be submitted at the end of the project, within 30 days after the permit has been finaled. Refer to the C&D Debris Ordinance Overview provided as an attachment to Special Provision for this project.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 13 of 23
3. Building Permit Inspections – Contractor shall be responsible for scheduling all necessary Building inspections and shall not cover over work until the work has been inspected and approved.
4. The contractor shall schedule all the required City Building Inspections by phone or online as indicated on the City Building Permit Envelope. The required inspection disciplines for this project are as follows:
a. Building
b. Electrical
c. Fire
d. Life Safety
5. Contractor shall not cover or conceal any Building, Electrical, Plumbing or Mechanical work without City Building Inspector’s signature on the Building Permit.
6. If the Contractor fails to allow for the required building inspections and special inspections of the work, the Contractor shall be liable for the costs to remove and reconstruct work to allow for the required inspections and for issuance of the final building inspection approval.
C. Special Inspections and Material Testing – The Contractor shall inform the Construction Inspector, who will schedule all required special inspections and material testing. Refer to the Schedule of Special Inspection in the Building Permit for the project.
1. Upon completion of the Special Inspections and testing work, the Special Inspection firm shall provide a final special inspection test report signed and stamped by the responsible professional engineer. This report will be needed for the Building Inspector at the final inspection, in order for final approval.
D. Final Inspection/Closeout of Building Permit – Contractor shall be responsible for a final inspection/closing out of the building permit. The Contractor will need the following documents at the final building inspection for final approval and to close out of the City Building permit:
1. C&D Debris Waste Management Plan and Waste Log are attached.
Submit the completed Waste Log with weight ticket/receipt showing sorted diversion rate within 30 days of project completion to C&[email protected]. Note: To claim recycling diversion credit on mixed C&D loads according to CALGreen Code, weight tickets must be stamped “Sacramento County Certified C&D Sorting Facility”.
Fines may be issued for failure to meet the 65% diversion rate, submitting a late Waste Log, or failure to submit a Waste Log. Additionally, failure to submit a Waste Log may delay the approval of a future Waste Management Plan.
Waste Disposal and Waste Logs Debris removed from the site shall be disposed of legally. A minimum of 65% of waste material is required to go to one of Sacramento County Certified C&D sorting facilities. The facilities are Green Waste Florin Perkins Resource Recovery Facility, L and D Landfill & Material Recovery Facility, and Sierra Waste Recovery & Transfer Station, Inc. The weight tickets for the waste removal shall be saved and turned into the City prior to the final project acceptance. In addition, the weight tickets need to be stamped “Sacramento County Certified C&D Sorting Facility” as required in CAL Green Code. The waste tags must show that North Natomas Regional Park Sports Fields 1-3 Lighting Page 14 of 23 65% diversion rate was achieved for the waste material removed. If the contractor does not meet the 65% diversion rate, C&D may impose fines. Any fines imposed for not meeting this requirement shall be at the sole expense of the contractor
2. Final Special Inspection Report signed and stamped by the responsible professional engineer. This report will be needed for the Building Inspector at the final inspection, for final approval.
Payment shall be made at the lump sum price as a Final Pay Item Only, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in City Building Permit Inspection Coordination as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.
ADDITIVE ALTERNATE BID ITEMS
Item No. A1 - Temporary Construction Fence
This item shall consist of furnishing, installing, and maintaining a 6’ high temporary construction Chain Link Fence around the construction area as shown on the Plans in conformance with Section 10 of the Standard Specifications.
A. Demolition shall begin only after the temporary fence has been installed. Fence to remain in place throughout the duration of the project until project acceptance, or as directed by the Inspector. Fences with panel stands are preferred over in-ground mount.
Payment shall be made at the lump sum price bid, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in completing the Temporary Construction Fence as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.
Item No. A2 - Site Clearing and Grubbing
This item shall consist of Site Clearing and Grubbing for the park development in conformance with Sections 12, 13, and 15 of the Standard Specifications and these Special Provisions.
A. Clearing and Grubbing shall conform to Section 12 of the Standard Specifications. All weeds under two inches (2") in height may be disked under to a minimum depth of six inches (6"). All other weeds, shrubs, brush, vines, debris, and all other objection materials within the project site shall be removed and legally disposed of away from the project site at contractor’s cost.
B. Tree Removal – Existing trees shown on the plans for removal, shall be remove including grinding of the stump 2’ below grade.
C. Bark Mulch shall be cleared from the proposed bull pens and spread throughout the adjacent planter areas.
D. Debris - All resulting debris shall become the property of the Contractor and dispose of outside the project limits at the Contractor's expense.
Payment shall be at the lump sum price bid and shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all work involved in Site Clearing and Grubbing as shown on the plans, as specified in these Special Provisions and as directed by the Inspector.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 15 of 23 Item No. A3 - Demolition
This item shall consist of Demolition and removal of items indicated on the plans in conformance with13-3 Removing / Relocating of the Standard Specifications and these Special Provisions.
A. 4’ Chain Link Fence shall be removed as shown on the plans including chain link fabric, existing 4’ posts are to remain.
B. Debris Removal - All resulting debris shall become the property of the Contractor and be disposed of outside the project limits at the Contractor's expense.
Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in completing the Demolition as shown on the plans, as specified in these Special Provisions, and as directed by the Inspector.
Item No. 4A – Site Grading
This item shall consist of grading the playground subgrade to slope to the existing playground catch basin for positive drainage as shown on the plans in conformance with sections 14 and 15 of the Standard Specifications and these Special Provisions.
A. Grading shall be approved by the Landscape Architect upon completion of grading operations and prior to beginning landscape planting.
B. Relative Compaction for landscaped areas shall be 85%.
C. Excess excavated fill shall be removed from the project site at the contractor’s expense.
Payment shall be at the lump sum price bid, and shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all work involved in Site Grading as shown on the plans, as specified in these Special Provisions and directed by the Inspector.
Item No. A5 – 8’ Chain Link Fence to Install
This item shall consist of furnishing and installing 8'-0” Chain Link Fence, include welding an extension onto the existing 4’ chain link fencing post for 8’ chain link fencing along the baseball field side of the new bullpens, as shown on the Plans in conformance with Sections 10-38 and 31, and Standard Drawing T-90 of the Standard Specifications and as amended by these Special Provisions.
A. Fabric shall be as stated in Paragraph 10-38 and Section 31 of the Standard Specifications. Fabric to galvanized chain ling fencing.
B. Tie Wires and Tension Wires shall be 9-gauge galvanized steel wire, spaced 18 inches apart. Tie wires shall be given at least one complete turn.
C. Top and Bottom Rail shall be used. Rails and Braces shall be 1.660" O.D. - G.S.P., or cold formed steel pipe, as stated in Paragraph C, and shall weigh 2.27 or 1.83 lbs. per linear foot, respectively.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 16 of 23 D. Terminal or Corner Post shall be 2.875" O.D. - G.S.P., or high tensile strength steel pipe manufactured from cold formed steel conforming to ASTM A569 and weighing 5.79 or
4.64 lbs. per linear foot, respectively.
E. Line Post shall be 2.375" O.D. - G.S.P., or cold formed steel pipe, as stated in Paragraph C, and shall weigh 3.65 or 3.117 lbs. per linear foot, respectively. Existing 4’ posts to be reused and extended to 6’ high
F. 3/8" Truss Rod and Turnbuckle shall be galvanized and installed as shown on Drawing T-90 of the Standard Specifications.
G. Post Tops, Stretcher Bars and other required fittings and hardware shall be hot-dip galvanized and shall be of malleable iron, cast iron, or pressed steel.
H. Concrete Footings shall be Class D Portland cement concrete conforming to Sections 10 of the Standard Specifications. Core boar existing 3-1/2” concrete flatwork to install new fence posts and refinish concrete at top footing to be flush with existing concrete flatwork.
Payment shall be made at the lump sum price bid, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in 8’ Chain Link Fence to Install as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.
Item No. A5 – 6’ Chain Link Fence to Install
This item shall consist of furnishing and installing 6'-0” Chain Link Fence, around the three remaining sides of the new bullpens, as shown on the Plans in conformance with Sections 10-38 and 31, and Standard Drawing T-90 of the Standard Specifications and as amended by these Special Provisions.
A. Fabric shall be as stated in Paragraph 10-38 and Section 31 of the Standard Specifications. Fabric to galvanized chain ling fencing.
B. Tie Wires and Tension Wires shall be 9-gauge galvanized steel wire, spaced 18 inches apart. Tie wires shall be given at least one complete turn.
C. Top and Bottom Rail shall be used. Rails and Braces shall be 1.660" O.D. - G.S.P., or cold formed steel pipe, as stated in Paragraph C, and shall weigh 2.27 or 1.83 lbs. per linear foot, respectively.
D. Terminal or Corner Post shall be 2.875" O.D. - G.S.P., or high tensile strength steel pipe manufactured from cold formed steel conforming to ASTM A569 and weighing 5.79 or
4.64 lbs. per linear foot, respectively.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 17 of 23 E. Line Post shall be 2.375" O.D. - G.S.P., or cold formed steel pipe, as stated in Paragraph C, and shall weigh 3.65 or 3.117 lbs. per linear foot, respectively. Existing 4’ posts to be reused and extended to 6’ high
F. 3/8" Truss Rod and Turnbuckle shall be galvanized and installed as shown on Drawing T90 of the Standard Specifications.
G. Post Tops, Stretcher Bars and other required fittings and hardware shall be hot-dip galvanized and shall be of malleable iron, cast iron, or pressed steel.
H. Concrete Footings shall be Class D Portland cement concrete conforming to Sections 10 of the Standard Specifications. Core boar existing 3-1/2” concrete flatwork to install new fence posts and refinish concrete at top footing to be flush with existing concrete flatwork.
Payment shall be made at the lump sum price bid, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in 6’ Chain Link Fence to Install as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.
Item No. A7 – Concrete Flatwork to Construct
This item shall consist of furnishing and constructing Concrete Flatwork over aggregate base underneath as shown on the Plans in conformance with Sections 10, 17, 19, 24, and 38 of the Standard Specifications and as amended by these Special Provisions.
A. Aggregate Base shall be Class II, per Section 26 of the State Standard Specifications.
B. Compaction shall be per the Geotechnical report.
C. Recycled Aggregate Base will be allowed and must conform to the requirements of Section 26 of the State Specifications and tested prior to arrival at the site to verify that it meets the requirements of Class II Aggregate base.
D. Portland Cement Concrete shall be Type II, Class “C”, conforming to Section 10-5 of the Standard Specifications.
E. Reinforcement shall be intermediate grade and deformed in conformance with “deformed billet-steel bars for concrete reinforcement” (ASTM Designation A615) and with Section 21 of the Standard Specifications. Rebar shall be as shown on the plans.
F. Expansion & Score Joints shall conform to Section 24 of the Standard Specifications except the following. Expansion joints shall be three eighth inch (3/8") asphaltic felt installed in conformance with Section 24 of the Standard Specifications. Expansion joints and score joints shall be located where indicated on the plans and edged to a three-eighths inch (3/8") radius. Score joints shall be one inch (1") deep.
G. Finish shall conform to the following. All exposed surfaces shall be finished to true lines and grades as shown on the plans. The surface shall be floated to a smooth but not North Natomas Regional Park Sports Fields 1-3 Lighting Page 18 of 23 slippery finish. Sidewalk surface shall be edged to a 3/8" radius and broomed perpendicular to the sidewalk edge with a medium finish. Do not dampen brooms.
Protect adjacent finished surfaces from splatters. - Do not add water to concrete at job site, fog or spray surface with water, or put onto tools or brooms.
H. Test Panel shall be poured prior to placement of concrete flatwork. The contractor shall construct a test panel of 3' X 3' X 3-1/2" thick minimum dimensions. The Contractor shall notify the Landscape Architect and Inspector forty-eight (48) hours prior to test pour. If the test is found to be unsatisfactory by the City, additional test panels shall be constructed and finished until the correct finish is achieved. Workmen and equipment used in the construction of the test panel shall be the same as those used throughout the installation of concrete.
Payment shall be made at the lump sum bid price and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in constructing the 5” Concrete Flatwork to Construct as shown on the plans, as specified in these Special Provisions and directed by the Inspector.
Item No. A8 – 12” Concrete Mowstrip to Construct
This item shall consist of constructing 9” Concrete Mow Strip as shown on the plans in conformance with Section 10, 19 and 24 of the Standard Specifications and these Special Provisions.
A. Portland Cement Concrete shall be Type II, Class “C”, conforming to Section 10-5 of the Standard Specifications.
B. Reinforcement shall be intermediate grade and deformed in conformance with “deformed billet-steel bars for concrete reinforcement” (ASTM Designation A615) and with Section 21 of the Standard Specifications. Rebar shall be as shown on the plans.
C. Subgrade shall conform to Section 19 of the Standard Specifications, with the following exception: relative compaction shall be 85%.
D. Finish shall be broomed parallel to the mow strip edge with a medium broom finish. All exposed surfaces shall be finished to true lines and grades as shown on the plans.
E. Expansion Joints and Score lines shall conform to Section 24-6 of the Standard Specifications with the exception of the following. Expansion joints shall be place at 20' O.C., and score lines at 10’ O.C.
F. This item shall include installing 9” concrete mowstrip in place of the sports court curb on the south and north sides of the proposed Basketball Court, if Additive Alternate A2 is not awarded.
Payment shall be made at the lump sum price bid, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in completing 9” Concrete Mow Strip to Construct as shown on the plans, as specified in these Special Provisions and directed by the Inspector.
Item No. A9 – Item No. 11 – Stabilized Decomposed Granite Pavement This item shall consist of furnishing and placing 2” of Stabilized Decomposed Granite Pavement over 2” aggregate base, on top of landscape fabric as shown on the plans and the detail thereon, in conformance with these Special Provisions.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 19 of 23 A. Aggregate Base shall be Class II, per Section 26 of the State Standard Specifications.
B. Recycled Aggregate Base will be allowed and must conform to the requirements of Section 26 of the State Specifications and tested prior to arrival at the site to verify that it meets the requirements of Class II Aggregate base.
C. Decomposed Granite: hereafter referred to as “DG”, shall be Gold Track Fines as available from Granite Construction Co., Felton Quarry, Felton, CA 95018, (831) 335-3445, or “Butte” crushed rock fines, distributed by CL Smith, Woodland, CA (9530) 662-2633, or approved equal.
D. Submittal: Prior to placement of decomposed granite, the Contractor shall submit a product sample and material summary sheet to the Project Landscape Architect a representative sample of decomposed granite for use on this project for approval. No decomposed granite shall be placed prior to receiving the Project Landscape Architect's approval.
E. Weed Control shall conform to Section 35-6 of the Standard Specifications.
F. Cement: For stabilized Decomposed Granite, Portland cement shall be DTSS Type II Modified added to the DG at the ratio of 12-15 lbs. per ton of decomposed aggregate.
G. Mixes: The quantity of water added to the mixture shall be adjusted to the absolute minimum required to permit uniform mixing. The materials shall be mixed in a drum-type mixer on the job or at a central mixing plant. The Contractor shall provide the Engineer with sufficient notice of his intent to begin mixing so that the Engineer can provide inspection of the batching and mixing operation.
H. Landscape Weed Fabric shall be DeWitt Weed Barrier Landscape Fabric, 3.5-ounce, 12- year, Color Brown, UV treated, spunbonded fabric or approved equal. Contact DeWitt Company 1-800-888-9669, or dewittcompany.com.
I. Metal Anchor Pins shall be by Dewitt or approved equal. Contact DeWitt Company 1-800- 888-9669, or dewittcompany.com.
J. Test Sample: Provide a 10’ by specified width as a test sample for both stabilized and non-stabilized concrete, to be approved prior to installation. The Contractor shall notify the Landscape Architect and Inspector forty-eight (48) hours prior to test sample. If the test is found to be unsatisfactory by the City, additional test samples shall be constructed and finished until the correct finish is achieved. Workmen and equipment used in the construction of the test sample shall be the same as those used throughout the installation of stabilized decomposed granite paving.
K. Installation: Evenly spread prepared crushed granite fines/binder material according to plans in two-inch (2”) lifts on prepared sub-grade. Grade and smooth decomposed granite material, thoroughly water entire area to a uniformly moisture. Roll each lift with a 2000 to 4000 lbs. static drum roller to form a uniform, smooth surface. Compact each lift to 95%. Do not use vibratory plate compactor or vibration function on roller as vibration separates large aggregate particles.
Upon completion of the final lift, fill any depressions, holes or divots and reroll using the above process.
Allow sufficient curing period of +/- 48 hours prior to use. Take all precautions to protect the completed work from traffic until it is completely dry. Rake off any crusted cement on top of surface and repair or replace all damaged areas due to tire ruts, erosions, compaction failure, etc. until the project is accepted.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 20 of 23 L. Finish: The finished surface of the paving shall be firm, stable and smooth and even, with a consistent grade, with no high or low points. The paving shall be flush with adjacent concrete containment edge.
Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in completing the Stabilized Decomposed Granite Pavement as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.
Item No. A10 – Irrigation Modifications
This item shall consist of furnishing and installing an Automatic Irrigation System as shown on the drawings in conformance with the applicable paragraphs of Sections 10 and 36 of the Standard Specifications and these Special Provisions.
A. Preconstruction Test of Existing Irrigation System–City and Contractor shall perform a preconstruction irrigation test prior to the start of construction. During the test all existing remote-control valves shall be turned on with the irrigation controller (manually operation is not permitted). The following irrigation items shall be marked with flags and marking paint: valves, quick couplers, working heads marked blue and broken head marker yellow. All existing broken heads shall be repaired by the City unless specified as an item on the project plans or specifications. Any irrigation damaged during construction shall be repaired by the contractor as soon as possible and shall be at the contractor expense.
B. Existing Mainline and electrical conduits it’s the contractor’s responsibility to locate the irrigation mainline and electrical conduits with a locator prior to the start of construction.
If the City has a ‘Record Drawing’ plan a copy will be supplied to the contractor but City can’t guarantee the accuracy of the ‘Record Drawing’.
C. Electric Control Valve shall conform to Section 36-13 of the Standard Specifications.
Electric control valves shall be Buckner /Superior brass model 950, or approved equal, and shall be constructed as specified in Section 10-50 of the Standard Specifications.
Lawn and shrub area valves shall be installed at grade.
D. Valve Box shall be plastic boxes installed in conformance with Section 10-52 of the Standard Specifications and as shown on the plans.
E. Electrical shall conform to Section 34 of the Standard Specifications.
F. Irrigation Control Wires shall conform to Sections 10-48 and 36-12 of the Standard Specifications. Trench for irrigation control wires through existing lawn shall be twentyfour inches (24") deep. Trenching for irrigation control wires through existing paved areas shall conform to Section 34-9 of the Standard Specifications. a) Irrigation Control Wires shall be color coded to the use listed below and follow the colors associated with them.
(a) Full Rotor - Red Wire
(b) Part Rotor - Green Wire
(c) Spray Heads - Yellow Wire
(d) Bubblers - Blue Wire
North Natomas Regional Park Sports Fields 1-3 Lighting Page 21 of 23 (e) Common Wire - White Wire
G. Quick Coupling Valves shall be by Hunter Model HQ-5RC or approved equal as specified in the plans or approved equal. Quick coupling valve shall be constructed of brass with a locking yellow thermoplastic rubber cover with "DO NOT DRINK" markings. Quick Coupling valve shall be installed as shown on the plans in conformance with Section 10-53 of the Standard Specifications (the following shall be disregarded in the Standard Specifications “…single slot type with on inch (1”) treaded pipe connection and one (1”) key connection…” Valve box shall be installed with the top at finished grade.
H. Plastic Irrigation Pipe Fittings shall conform to Section 10-46 of the Standard Specifications with the following addition. Schedule 80 fittings on all connections, unions and nipples within the valve. All other connections on lateral line are Sch 40.
I. Lateral Line Pipe or pipe on the discharge side of the irrigation control valve shall be Class 200 solvent weld PVC pipe and shall conform to Section 10-44 of the Standard Specifications, except as previously amended.
J. PVC Primers and Solvent welded - PVC pipes will require the following primer and solvent glue applications. Primer shall consist of Weld-On P-70 Industrial Grade Primer and the PVC Solvent Cement shall be Weld-On 711 Heavy Bodied Cement or approved equal.
The primer and solvent cement shall be installed per manufacture’s specifications.
Payment shall be made at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in completing the Automatic Irrigation System as shown on the plans, as specified in Section 36- 25 of the Standard Specifications, in these Special Provisions and as directed by the Inspector.
Item No. A11 – Baseball Rubber and Homeplates to Install This item shall consist of furnishing and installing Pitcher’s Rubber, and Home Plate as shown on the plans in conformance with these Special Provisions and the manufacturer’s specifications.
A. Pitcher’s Rubber, Home Plate: shall be per Plans, or approved equal, and installed per the manufacturer’s instructions.
B. Anchor Bolts shall be installed as specified by the manufacturer and shall be provided by the Contractor.
C. ALL Bolts shall be installed as specified by the manufacturer and shall be provided by the Contractor. All exposed bolts shall be cut to 3 exposed threads and all anchor bolts/ nuts shall be tack welded and all remaining exposed bolts/ nuts shall be tightened and secured with Loctite Adhesive, red 271 for permanent installation.
Payment shall be made at the lump sum price bid, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in completing Baseball Bases to Install as shown on the plans, as specified in these Special Provisions and as directed by the Landscape Architect.
North Natomas Regional Park Sports Fields 1-3 Lighting Page 22 of 23 Attachment A
Geotechnical Report
Geotechnical Engineering Report Update
NORTH NATOMAS REGIONAL PARK DEVELOPMENT
New Market Drive
Sacramento, California
Prepared for:
City of Sacramento
915 I Street, 3rd Floor
Sacramento, California 95814
Prepared by:
Universal Engineering Sciences
3050 Industrial Boulevard
West Sacramento, California 95691
Date: November 21, 2024
Project No. 4630.2400080.0000
NORTH NOTOMAS REGIONAL PARK DEVELOPMENT
Project No. 4630.2400080.0000
November 21, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | TeamUES.com
1.0 INTRODUCTION
As requested, this letter presents updated seismic design criteria based on the 2022 California Building Code (CBC), the American Society of Civil Engineers (ASCE) Standard 7-16 for North Natomas Regional Park Development project in Sacramento, California. Our firm prepared the Geotechnical Engineering Report Update (WKA No. 8890.12P, dated October 30, 2014) for the development that presented seismic design parameters based on the 2013 CBC and ASCE 7-10.
1.1 Proposed Development
Based on our review of the report and report update, we understand that the proposed construction included the construction of new sports fields, shade areas, light structures, an amphitheater, and restrooms. At the time of our previous update, work was to begin on a farmers’ market as well as two ball fields and additional parking areas. Per our correspondence, the current phase appears to be the construction of sports field lighting.
2.0 CONCLUSIONS AND RECOMMENDATIONS
Based on review of the original report, update report, understanding of the proposed construction, and a site reconnaissance conducted to observe the current conditions, we conclude that the recommendations contained in the 2021 Geotechnical Engineering Report Update generally remains applicable for design and construction of the planned improvements, with the following amended conclusions and recommendations. A copy of the report update are provided in Appendix A.
2.1 2022 CBC/ASCE 7-16 Seismic Design Criteria
The 2022 edition of the CBC references the ASCE Standard 7-16 for seismic design. The seismic design parameters provided in Table 1 were developed based on a Site Classification D, and the latitude and longitude for the site using the web interface developed by the Structural Engineers Association of California (SEAOC) and California’s Office of Statewide Health and Development (OSHPD), now known as the California Department of Health Care Access and Information (HCAi).
NORTH NOTOMAS REGIONAL PARK DEVELOPMENT
Project No. 4630.2400080.0000
November 21, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | TeamUES.com
Table 1: 2022 CBC/ASCE 7-16 Seismic Design Parameters
Parameter Value
Referenced Location Latitude a(degrees) 38.66035
Referenced Location Longitude a(degrees) -121.51550
Site Class b D
Seismic Design Category based on Risk Category I, II, III, and IV c D Mapped Spectral Response Acceleration Parameter for Short Period (0.2 Second), SS (g) 0.564 Mapped Spectral Response Acceleration Parameter for 1.0 Second Period, S1 (g) 0.253 Adjusted Spectral Response Acceleration Parameter for Short Period (0.2 Second), SMS (g) 0.761 Adjusted Spectral Response Acceleration Parameter for 1.0 Second Period, SM1 (g) 0.795 d Design Spectral Response Acceleration Parameter for Short Period (0.2 Second), SDS (g) 0.507 Design Spectral Response Acceleration Parameter for 1.0 Second Period, SD1 (g) 0.530 Mapped Peak Ground Acceleration, PGAM (g) 0.323
a b c d -16, the value of SM1 has been increased by 50% in lieu of site3.0 LIMITATIONS This letter is considered an addendum to our Geotechnical Engineering Report and is therefore subject to the limitations contained therein.
If you have questions regarding this update or need additional information, please contact our office at (916) 372-1434.
Respectfully,
UES
Kimberly Estipona Mohsen Rahimian, PE, GE
Staff Engineer Senior Geotechnical Engineer
APPENDIX A – Geotechnical Engineering Report Update (WKA No. 8890.12P, dated October 30, 2014) 3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | TeamUES.com
North Natomas Regional Park Sports Fields 1-3 Lighting Page 23 of 23 Attachment B
Construction & Demolition Waste Management Plan
Recycling & Solid Waste | 2812 Meadowview Road, Building 1 | Sacramento, CA 95832 | 916-808-0965 | www.sacrecycle.org Building
Permit
Numbers Please include all known permit numbers related to this project.
Form submitted
by: Please attach a business card or include your name with a phone number and/or an email address.
This Waste Management Plan (WMP) must be submitted and approved before your building permit(s) will be issued. Only one WMP is required if a project has multiple building permits associated to it (i.e., multiple houses in a subdivision, or multiple related permits at one address).The Administration fee is 0.04% of the job valuation (min $40, max $800). If applicable, a security deposit of 1% of the job valuation (max $10,000) will be required. The accompanying Waste Log must be submitted within 30 days of final inspection (or permit expiration) of the project, or a fine may be imposed. Approval may also be delayed if the Waste Log from a previous project is due.
Building Project Information:
Job Address:
Contractor: Phone:
Address: Email:
Owner: Phone:
Address: Email:
Briefly describe the project:
Materials Required to be Recycled
65%
of all debris
must be recycled
65% of all debris must be recycled if generated during the course of your project. You can either source-separate them, which may be hauled by anyone, or mix them in one container and send the mixed C&D debris load to a Certified Mixed C&D Sorting Facility. Mixed C&D loads can only be hauled by a franchised hauler or self-hauled. Please see the Definitions section, on the next page, for more information.
Material Management
How the C&D debris will be stored on the project site: Mixed C&D Source-Separated Company to haul away debris:
Facilities to receive debris:
Waste Log and tickets must be submitted within 30 days of permit being finaled.
Office Use Only: Approved by: _____________________________________ On date: _________________ C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
Phone: (916) 808-0965 / Fax: (916) 808-4999
C&[email protected]
5/7/2025
$300.00
2501 NEW MARKET DRIVE, SACRAMENTO, CA
City of Sacramento, Youth, Parks & Comm. 916-380-8813
915 I Street, 3rd Flr., Sacramento CA 95814 [email protected] TBD
Installation of sports field lighting on fields 1, 2 and 3, the electrical conduits are in place.
Contractor to be provide prior to construction.
Contractor to provide prior to construction.
Dennis Day, 916-380-8813, [email protected]
Recycling & Solid Waste | 2812 Meadowview Road, Building 1 | Sacramento, CA 95832 | 916-808-0965 | www.sacrecycle.org Definitions
Please read and understand these terms. Call Recycling & Solid Waste (RSW) at (916) 808-0965 if these terms are not clear to you. More information is also available online at http://www.cityofsacramento.org/public-works/RSW/CollectionServices/Recycling/Construction-and-Demolition. 1. Self-haul or self-hauling: This is when the permit holder, general contractor, or a subcontractor who is doing work on the project hauls their own waste materials for recycling or disposal. Note that a jobsite cleanup crew is not doing other work on the project and is not self-hauling. Jobsite cleanup crews must be franchised in order to haul mixed C&D debris away.
2. Franchised hauler: See a list provided at https://swa.saccounty.net/Pages/Franchisee-Listing.aspx. These companies are the only companies in Sacramento who can legally collect and haul mixed C&D debris.
3. Source separation: This is achieving compliance with the recycling requirement by keeping wood, metal, cardboard, or other recyclables in separate containers. Source-separated material may be hauled by anyone.
4. Mixed C&D debris: This is achieving compliance with the recycling requirement by putting all recyclable debris into one container. Mixed material must be sent to a certified mixed C&D sorting facility to have the recyclable material extracted and recovered. Mixed material also must be either self-hauled, or hauled by a franchised hauler. If your job site is crowded, this option saves the most space.
5. Certified Mixed C&D Sorting Facility: See list at https://swa.saccounty.net/Pages/CDDebrisSortingFacilities.aspx. These facilities have been certified by the Sacramento Regional Solid Waste Authority to extract recyclable materials from mixed C&D debris. If you achieve compliance by mixed recovery, your debris must go to a certified mixed sorting facility.
Terms and Conditions
Your approved Waste Management Plan and Waste Log must be kept on the job site in the permit folder for the duration of the project.
City of Sacramento staff may enter the jobsite to inspect waste collection areas.
Only SWA-Certified Mixed C&D Sorting Facilities may be used to recycle these materials if mixed with other materials.
Only SWA-Franchised Haulers or self-haulers (as defined above) may collect and transport trash or mixed C&D material from the jobsite.
Construction and Demolition Debris may not be burned or dumped illegally.
Your Waste Log must be completed and submitted within 30 days of your permit being finaled or expired. All waste hauling and disposal or recycling activity must be entered on the Waste Log, including information from any subcontractors who self-hauled their own debris off-site. Enter your Permit Number on your Waste Log now! You must keep all receipts or weight-tickets from your project for a period of one year from the submittal of your waste log.
Failure to comply with these terms and conditions may result in a fine and a security deposit on future projects.
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
Phone: (916) 808-0965 / Fax: (916) 808-4999
C&[email protected]
Fee amount: $_____________
Recycling & Solid Waste | 2812 Meadowview Road, Building 1 | Sacramento, CA 95832 | 916-808-0965 | www.sacrecycle.org Building Permit Numbers: Please include all known permit numbers related to this project.
This Waste Log must be submitted to Recycling & Solid Waste within 30 days of the building permit being finaled (or expired). This Waste Log, and the supporting weight tickets, must also be kept on file for one year after project completion.
Date Hauler Material Destination Weight*
Hauler: Indicate the Franchisee, Self-Hauler or other hauler who removed the material offsite.
Material: Indicate appropriate category: Scrap Metal, Inert Materials, Cardboard, Wooden Pallets, or Clean Wood Waste.
Destination: Indicate the facility that received the material for disposal or recycling * Weight: Indicate the weight. If weight is not known, put volume. Example: “3.2 tons” – or – “10 yards” Office Use Only: Received by: _____________________________________ On date: _________________ Total Diversion: __________%
C&D Debris Waste Management Plan
City of Sacramento Recycling and Solid Waste
Phone: (916) 808-0965 / Fax: (916) 808-4999
C&[email protected]
COM-2507938 (NORTH NATOMAS REG. PARK)
Contracts and Compliance Services
915 I Street, 3rd Floor
Sacramento, CA 95814
Phone: 916-808-6020
[email protected]
North Natomas Regional Park Fields 1-3 Lighting
(PN: L19140700) Bid #B25191121010
Addendum No. 1
June 20, 2025
To all Potential Bidders:
Attached hereto are addenda items, which shall be incorporated into the bid proposal for above noted project. These changes shall be considered as part of the original documents, as if they were originally provided therein, and as such shall be used as contractual documents. All other terms, conditions, and specifications of the bid remain unchanged. Bidders must acknowledge receipt of this addendum prior to the hour and date specified in the bid request, or as amended, by one of the following methods:
(a) By acknowledging receipt, on the bid proposal form submitted; or (b) By separate letter or email which includes a reference to the bid request and addendum number.
Failure to acknowledge receipt of this addendum in one of the above methods and cause acknowledgment to be received prior to the hour and date specified for receipt of proposals, may result in rejection of your offer. If by virtue of this addendum you decide to change an offer already submitted, such changes may be made by email or letter, provided such email or letter makes reference to the bid request number and this addendum, and is received prior to the opening hour and date specified.
Respectfully,
Rachel Trujillo
Contract & Compliance Specialist
Enclosure
North Natomas Regional Park Fields 1-3 Lighting
(PN: L19140700) Bid #B25191121010
Addendum No. 1
ITEM 1 Answers to questions received up to 06/11/25. (Attached) ITEM 2 Plans:
DELETE: Plan Sheet E5.0 named “Electrical Details and Panel Schedule”.
INSERT: Plan Sheet E5.0 for Addendum No. 1. (Attached)
INSERT: Plan Sheet C1 for Addendum No. 1 named “Pole Support Foundation”. (Attached) City of Sacramento Q & A for Project North Natomas Regional Park Fields 1-3 Lighting (B25191121010) Issued on 06/11/2025 Bid Due on July 16, 2025 2:00 PM (PDT) Exported on 06/11/2025 Submitted By Submit Date Question Answer BRILLED LIGHTING 06/11/2025 11:04:05 AM Can we submit equal for the lighting fixtures? Where can we submit it? Refer to the Special Provisions under section I.J. Trade Names and Alternatives, which states: "In accordance with Paragraph 5 18 of the Standard Specifications, certain articles or materials to be incorporated in the work may be designated, for convenience, under a trade name or the name of a manufacturer and the catalogue information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the approval of the Landscape Architect. The Contractor shall, within seven (7) calendar days after issuance of the Bid Summary and Notification of Award Recommendation, submit for the review of the Landscape Architect, materials, products, equipment and services which differ in any respect from the materials, products, equipment and services specified in the Invitation for Bids. Such submittals shall be accompanied by data to substantiate that such items are equal to those specified. The Landscape Architect shall be the sole judge as to the quality and suitability of substitutions and his/her decision shall be final. Requests for substitutions will not be entertained or considered by the Landscape Architect during the bidding period. No delay or extension of the Contract time will be allowed because of the time required for submitting substitutions or for determining their equality. Failure to propose the substitution of any article or service within seven (7) calendar days after the issuance of the Bid Summary and Notification of Award Recommendation will be deemed sufficient cause for the denial of request for substitution." Plan Sheet E5.0 for Addendum No. 1
Contracts and Compliance Services
915 I Street, 3rd Floor
Sacramento, CA 95814
Phone: 916-808-6020
[email protected]
North Natomas Regional Park Fields 1-3 Lighting
(PN: L19140700) Bid #B25191121010
Addendum No. 2
July 11, 2025
To all Potential Bidders:
Attached hereto are addenda items, which shall be incorporated into the bid proposal for above noted project. These changes shall be considered as part of the original documents, as if they were originally provided therein, and as such shall be used as contractual documents. All other terms, conditions, and specifications of the bid remain unchanged. Bidders must acknowledge receipt of this addendum prior to the hour and date specified in the bid request, or as amended, by one of the following methods:
(a) By acknowledging receipt, on the bid proposal form submitted; or (b) By separate letter or email which includes a reference to the bid request and addendum number.
Failure to acknowledge receipt of this addendum in one of the above methods and cause acknowledgment to be received prior to the hour and date specified for receipt of proposals, may result in rejection of your offer. If by virtue of this addendum you decide to change an offer already submitted, such changes may be made by email or letter, provided such email or letter makes reference to the bid request number and this addendum, and is received prior to the opening hour and date specified.
Respectfully,
Rachel Trujillo
Contract & Compliance Specialist
Enclosure
North Natomas Regional Park Fields 1-3 Lighting
(PN: L19140700) Bid #B25191121010
Addendum No. 2
ITEM 1
ITEM 2
Answers to questions received up to 07/09/25.
Bid Proposal:
DELETE: Bid Proposal
INSERT: Bid Proposal for Addendum No. 2. PLEASE SUBMIT WITH YOUR BID. (Attached)
City of Sacramento Q & A for Project North Natomas Regional Park Fields 1-3 Lighting (B25191121010) Issued on 06/11/2025 Bid Due on July 16, 2025 2:00 PM (PDT) Exported on 07/08/2025 Submitted By Submit Date Question Answer Bockmon & Woody Electric Co., Inc. 06/24/2025 9:31:17 AM In Special Provisions, the license requirement is A and C-10. On the bid form and the Bid Information page, License A and C-27 is listed. Please clarify. An A general, engineering license is required the prime contractor. Please interchange all C-27 license references with a C-10 license. Shane Brown Electric 06/25/2025 9:07:03 AM Due to the size of the electrical scope, can a C-10 contractor bid as a prime with a C-27 sub? An A general, engineering license is required the prime contractor. Please interchange all C-27 license references with a C-10 license. Frontline General Engineering Construction INC 07/02/2025 10:29:58 AM when is the start date for this project? Anticipate Council to award project in August, with a September start date. TSI Engineering Inc 07/07/2025 2:23:01 PM We are planning on bidding for North Natomas Park Project as General Contractor A. I wanted to ask there is CWTA requirement and labor needs to be local Union hired labor. Is this mandatory or we are having A license can participate in this project with our own locally hired labor. Yes, CWTA requirements will apply to this project. An A general engineering must participate. An A, general engineering license is required of the prime contractor. R&D Electric, inc 07/08/2025 1:10:51 PM The drawings on E2.1, E2.2 and E2.3 indicates the conduit starts at the MSB and loops in and out of the existing pull boxes down the 3rd base line out to left field and down the 1st base line out to right field. The single line drawing E3.0 shows an existing empty 2" conduit run separately from the MSB to an existing pull box at each fixture location. Which is correct? The existing conduit is per sheets E2.1,E2.2 and E2.3 BRILLED LIGHTING 06/11/2025 11:04:05 AM Can we submit equal for the lighting fixtures? Where can we submit it? Refer to the Special Provisions under section I.J. Trade Names and Alternatives, which states: "In accordance with Paragraph 5-18 of the Standard Specifications, certain articles or materials to be incorporated in the work may be designated, for convenience, under a trade name or the name of a manufacturer and the catalogue information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the approval of the Landscape Architect. The Contractor shall, within seven (7) calendar days after issuance of the Bid Summary and Notification of Award Recommendation, submit for the review of the Landscape Architect, materials, products, equipment and services which differ in any respect from the materials, products, equipment and services specified in the Invitation for Bids. Such submittals shall be accompanied by data to substantiate that such items are equal to those specified. The Landscape Architect shall be the sole judge as to the quality and suitability of substitutions and his/her decision shall be final. Requests for substitutions will not be entertained or considered by the Landscape Architect during the bidding period. No delay or extension of the Contract time will be allowed because of the time required for submitting substitutions or for determining their equality. Failure to propose the substitution of any article or service within seven (7) calendar days after the issuance of the Bid Summary and Notification of Award Recommendation will be deemed sufficient cause for the denial of request for substitution." Bid Proposal for Addendum No. 2
Rev 2-15-2022
TO THE HONORABLE CITY COUNCIL, SACRAMENTO, CALIFORNIA: In compliance with the Contract Documents, the undersigned hereby proposes to furnish all required labor, materials, supervision, transportation, equipment, services, taxes and incidentals required for:
North Natomas Regional Park Fields 1-3 Lighting (PN:L19140700 Bid#B25191121010) in the City and County of Sacramento, California. The Work is to be done in strict conformity with the Contract Documents now on file in the Office of the City Clerk, for the following sum:
Item
No. Item Description QTY Unit Unit Price Total
1 Temporary Construction Fence 1 LS $ LUMP SUM $
2 Electrical System 1 LS $ LUMP SUM $
3 Lighting Structure System with Total Light Control 1 LS $ LUMP SUM $ 4 City Building Permit Inspection Coordination 1 LS $ 2,000.00 $ 2, 000.00 BASE BID TOTAL $
ADDITIVE ALTERNATES BID ITEMS
Item
No. Item Description QTY Unit Unit Price Total
A1 Temporary Construction Fence 1 LS $ LUMP SUM $
A2 Site Clearing and Grubbing 1 LS $ LUMP SUM $
A3 Demolition 1 LS $ LUMP SUM $
A4 Site Grading 1 LS $ LUMP SUM $
A5 8’ Chain Link Fence to Install 1 LS $ LUMP SUM $
A6 6’ Chain Link Fence to Install 1 LS $ LUMP SUM $
A7 Concrete Flatwork to Construct 1 LS $ LUMP SUM $
A8 12” Concrete Mowstrip to Construct 1 LS $ LUMP SUM $ A9 Stabilized Decomposed Granite to Place 1 LS $ LUMP SUM $ A10 Irrigation Modifications 1 LS $ LUMP SUM $
A11 Baseball Rubber and Homeplate to Install 1 LS $ LUMP SUM $ ADDITIVE ALTERNATE TOTAL $
GRAND TOTAL $ The undersigned agrees to execute the Agreement and provide City the executed Agreement, the required insurance certificates, endorsements, and waivers of subrogation, and the required surety bonds within ten (10) calendar days after the undersigned’s receipt of the City’s notice that the undersigned will be recommended for Contract award and prior to award of the Contract by the City Council. It is understood that this Bid Proposal is based upon completion of the Work within a period of FORTY (40) WORKING DAYS, commencing on the date set forth in the written Notice to Proceed issued by the City to the Contractor. The Contractor is hereby notified and reminded that per City Contract requirements, the City will issue a Notice to Proceed within 15 calendar days of execution of contract by City. Contract workdays will start immediately on the date of the Notice to Proceed. Attached is a sample of a Notice to Proceed. The amount of liquidated damages to be paid by the Contractor for failure to complete the work by the completion date (as extended, if applicable) shall be One Thousand Dollars ($1,000) for each calendar day, continuing to the time at which the work is completed. Such amount is the actual cash value agreed upon as the loss to the City resulting from the default of the Contractor. By signing, it is also understood that all labor compliance requirements must be met by all contractors, sub-contractors, and sub-tier contractors before any payment can be made. Failure to meet the labor compliance requirements will result in your pay request or invoice being rejected. No payment shall be made by the City until full compliance has been met. Partial payments/partial withholdings will not be authorized. Work under these Special Provisions shall be performed by qualified personnel experienced in work described herein. The Contractor and/or its subcontractor shall possess current and active licenses Bid Proposal for Addendum No. 2
Rev 2-15-2022
issued by the California Contractors State License Board for A and C-10 licenses at the time of the bid submittal and throughout the construction period. Any cited violations or pending violation investigations by the California Contractors State Licensing Board within three years prior to the date of the bid submittal shall be fully disclosed in the bid.
CLASS GENERAL A LICENSE #_______________________
Name:_________________________________________________________________________________ Address:______________________________________________________________________________ ________________________________________________________________________________________ Issue Date:_______________________ Expiration Date:_______________________________ CLASS C10 LICENSE #_______________________
Name:_________________________________________________________________________________ Address:______________________________________________________________________________ ________________________________________________________________________________________ Issue Date:_______________________ Expiration Date:_______________________________
CWTA REQUIREMENTS
CWTA IFB Language – Estimate Over $1Million
This project is subject to the requirements of the City’s Local Hire and Community Workforce Training Program and the City’s Community Workforce Training Agreement (CWTA). A copy of the CWTA and a summary of its requirements (CWTA Summary) is provided in Exhibit D to this solicitation. By submitting a bid, the Contractor acknowledges that it has read and understands all the requirements, terms, and conditions of the CWTA and CWTA Summary, and has included all costs associated with compliance with the CWTA in its bid. The Contractor and all listed subcontractors must execute Addendum A to the CWTA (“Agreement to be Bound”) and provide an executed original to the City before the contract can be awarded. Each subcontractor for Work covered by the CWTA hired after the time of bid or after contract award, must also execute Addendum A to the CWTA. No subcontractor may perform Work prior to executing Addendum A and providing the executed original to the City. Contractor must include the provisions of this section, as well as a copy of the CWTA and the CWTA Summary, in every subcontract for Work covered by the CWTA. By submitting a bid, Contractor represents that the Contractor and all its subcontractors performing Work covered by the CWTA will execute the Addendum A if awarded the contract. The failure to sign and submit Addendum A by any subcontractor, shall be grounds for subcontractor substitution and/or for the City to withhold payment for the Work performed in the absence of the necessary Addendum A. The failure to satisfy any requirements of the CWTA, including the requirements to submit an Addendum A and demonstrate a good faith effort to meet the Local Hire and Priority Apprentice Goals, may result in a determination that the Contractor does not meet the City’s minimum qualifications to bid on future projects for the City of Sacramento.
DETERMINATION OF LOW BIDDER
The determination of the low bidder will be based on the base bid and all additives, if any. However, the contract award may not include any of the additives. The City reserves the right to select which additives, if any, to include in the contract award in addition to the base bid work. If an additive is an alternative to a bid item and the additive is to be awarded, the contract amount will be based on the additive price instead of the base bid item price. In determining the amount bid by each bidder, the City may disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the 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. The City Council may reject any and all bids and waive any informalities or minor irregularities in the bids. When an item price is required to be set forth in the 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 Engineer'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 Engineer's estimate of the estimated quantities of work to be performed as items of work. If the Proposal contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the Proposal shall be deemed non-responsive. The undersigned has examined the location of the proposed Work, the local conditions at the place where the Work is to be done, is familiar with the Contract Documents and is familiar and expressly agrees to the liquidated damages provision of the Contract Documents.
The undersigned has checked carefully all of the foregoing figures and understands that the City of Sacramento will not be responsible for any errors or omissions on the part of the undersigned in making up this Bid Proposal.
CONTRACTOR TO COMPLETE AND SIGN:
Bid Proposal for Addendum No. 2
Rev 2-15-2022
BID BOND
Enclosed is a Bid Proposal Guarantee, as required, consisting of a bidder's bond or other acceptable security for not less than ten percent (10%) of the amount Bid Proposal. Amount of Bid Proposal Guarantee Enclosed:
(must not be less than 10% of the total bid amount including alternates) $________________________Bid Bond
$________________________Certified Check
$________________________Cashier’s Check
$________________________Money Order
$________________________Other_________________________________
ADDENDUM ACKNOWLEDGEMENT
The undersigned agrees that all addenda received and acknowledged herein shall become a part of and be included in this Bid Proposal. This Bid Proposal includes the following addenda:
Addendum _______ Addendum _______ Addendum _______
Addendum _______ Addendum _______ Addendum _______
Contractor Signature:________________________________________________________________
PRIME CONTRACTOR INFORMATION
Legal Business Name: _______________________________________________________________________________________ Business Address:__________________________________________________________________ _______________________________________________________________________________________ Phone:_______________________________________________________________________________ Email:_______________________________________________________________________________ Print or type clearly – results will be emailed
PRIME CONTRACTOR - TYPE OF BUSINESS
If the Bidder is a corporation, the Bid Proposal must be executed in the name of the corporation and must be signed by a duly authorized officer of the corporation. If the Bidder is a partnership, the Bid Proposal must be executed in the name of the partnership and one of the partners must subscribe their signature thereto as the authorized representative of the partnership. Check one:
Individual Partnership
Corporation Limited Liability Company
Other__________________________________________________
PRIME CONTRACTOR LICENSES & TAX INFORMATION
Contractors State License #:________________________ Expiration:__________________ (must be valid at time of bid)
DIR Registration #:___________________________________ Expiration:__________________ (must be valid at time of bid)
City of Sacramento Business Operation Tax #:____________________________________ (must be valid prior to award of contract)
BOTC Expiration:___________________
State Tax ID#_________________________ Federal Tax ID #_________________________
THIS BOX FOR CITY USE ONLY
CITY CLERK TO FILL OUT
Bid Bond Security Received:
Properly Signed Improperly Signed
Not Included
Type of Deposit Received:
Bid Bond Certified Check
Cashier’s Check Money Order
Other__________________________________
BY: SIGNATURE Print or Type Signers Name
Signers Title Date