Bid Notice-High Voltage Electrical Service Contract.pdf

Sacramento Area Sewer District

RFP#8547 High Voltage Electrical Services Contract

REQUEST FOR PROPOSAL This Is Not An Order – Make A Copy For Your File – Return Original

8521 Laguna Station Road

Elk Grove, CA 95758

Issue Date October 5, 2026

Proposal

Number

RFP#8547

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Return your proposal in an envelope, sealed and clearly marked on outside with proposal number and date shown below to:

Sacramento Area Sewer District

8521 Laguna Station Road

Elk Grove, CA 95758 Proposals must be received and logged in prior to the date and time indicated. Proposals will not be accepted after

3:00 P.M. on:

October 29, 2026

For Additional Information Contact

Issuing Officer Tamblynn Stewart

Phone (916) 875-9014

Delivery Requirement:

Merchandise or Service for Delivery To:

8521 Laguna Station Road

Elk Grove, CA 95758

FAILURE TO SIGN THIS SECTION MAY DISQUALIFY YOUR RESPONSE

The undersigned offers and agrees to furnish the articles and/or services listed in this document at the prices and terms stated, subject to the General Conditions of this Request for Proposal:

Firm Name F.O.B. Point: Destination

Signature DIR Registration Number

Printed Name

Job Title

Date: Telephone:

E-Mail: Fax:

High Voltage Electrical Services Contract This Request for Proposal (RFP) is to establish a contract with a vendor to provide High Voltage Electrical

Services at Sacramento Area Sewer District (SacSewer), 8521 Laguna Station Road, Elk Grove, CA 95758. In accordance with the attached specifications, terms and conditions. These proposals are based upon the need to have temporary labor for Sacramento Area Sewer District. The contract period will be for three years, renewable for two (2) additional one-year terms at the option of the District and subject to approval, for a maximum of five years.

NOTICE TO CONTRACTORS

NOTICE IS HEREBY GIVEN THAT the Sacramento Area Sewer District (SacSewer) invites sealed proposals for High Voltage Electrical Services Contract. Proposals will be received at the Sacramento Area Sewer

District, 8521 Laguna Station Road, Elk Grove, CA 95758 until:

October 29, 2026 by 3:00p.m.

Any respondent who wishes its proposal to be considered is responsible for making certain that its proposal is actually delivered to said Purchasing Office. Proposals shall be addressed to:

Sacramento Area Sewer District

8521 Laguna Station Road

Elk Grove, CA 95758

Proposal RFP#8547

Department of Industrial Relations (DIR) Compliance

A. No contractor or subcontractor may be listed on a proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

B. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

C. This project is subject to compliance monitoring and enforcement by the Department of Industrial

Relations.

D. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor

Commissioner (aka Division of Labor Standards Enforcement).

E. The County of Sacramento Labor Compliance Section will act as an agent of SacSewer (EchoWater) and monitor this project for compliance. All questions regarding prevailing wage requirements should be directed to the Labor Compliance Section at (916) 875-2711.

F. Pursuant to California Labor Code Section 1720 and following, and Section 1770 and following, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the

Director of the California Department of Industrial Relations. Copies of the prevailing wage determinations are on file at the office of the County of Sacramento Labor Compliance Program, 9800

Goethe Road, Sacramento, CA 95827-3561, and are also available on the internet at http://www.dir.ca.gov/DLSR/PWD.

SacSewer hereby notifies all respondents that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit http://www.dir.ca.gov/DLSR/PWD proposals in response to this invitation and will not be discriminated against on the grounds of race, creed, color, national origin, ancestry, sexual orientation, political affiliations of beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy as set forth hereunder.

Detailed proposal request for RFP#8547 can be obtained by contacting stewartt@sacsewer.com or Tamblynn

Stewart (916) 875-9014

SacSewer reserves the right to reject any or all proposals and waive any irregularity in proposals received.

Key Action Dates

Proposal Issue Date: October 5, 2026

Questions Due Date: October 22, 2026

Proposal Due Date: October 29, 2026, by 3:00 p.m.

Intent to Award: November 5, 2026

Insurance Due: November 16, 2026

Contract Award: November 23, 2026

1. INTRODUCTION

1.1 INVITATION – Sacramento Area Sewer District (SacSewer), invites Responses which offer to provide the services identified on the Cover Sheet.

1.2 DEFINITIONS - We intend to express our expectations clearly, and they are to be legally interpreted in our favor. Certain words are used throughout this document

1.2.1 We/Us/Our are terms which refer to the Sacramento Area Sewer District (SacSewer), a duly organized public entity. They may also be used as pronouns for various subsets of the County organization, including, as the context will indicate:

SacSewer – Sacramento Area Sewer District

District – Sacramento Area Sewer District

1.2.2 You/Your are terms that refer to businesses having some sort of relationship to or with us. The term may apply differently as the context will indicate. For instance, “you” as a Contractor will have different obligations than “you” as a Proposer or Supplier will have:

Supplier - A business entity engaged in the business of providing contract temporary personnel services.

Proposer - A business entity submitting a Response to this RFP. Suppliers which may express interest in this RFP, but which do not submit a Response, have no obligations with respect to the proposal requirements.

Contractor - The Proposer(s) who’s Response to this RFP is evaluated as meeting the needs of the

Regional San. Contractor(s) will be selected for award, and will enter into a contract(s) for provision of the services described in the RFP.

Subcontractor - A company that enters into a business relationship with the Contractor. The Contractor may seek to place employees of the Subcontractor for the services described in the RFP.

Contractor’s Employee - All persons who can be offered to provide the services described in the RFP.

All employees of the Contractor and the Subcontractor must be covered by the insurance programs normally provided to persons employed by a company (ex: Worker’s Comp, SDI, etc.).

1.2.3 REQUEST FOR PROPOSAL (RFP) - This entire document, including attachments.

1.2.4 RESPONSE - The written, signed and sealed document submitted according to the RFP instructions.

Response does not include any verbal or documentary interaction you may have with us apart from submittal of a formal response. Verbal interactions will not be binding on Regional San or Contractor(s) with respect to requirements stated within this RFP or resulting contractual obligations.

1.3 RFP CLARIFICATION - Questions regarding this RFP should be directed to the Issuing Officer specified below. Answers citing the question, but not identifying the supplier, will be distributed simultaneously to all known prospective proposers via email. Oral answers provided by SacSewer or its agents shall not be binding.

1.3.1 DEADLINE FOR PROPOSAL – October 29, 2026 by 3:00 pm

1.3.2 PROPOSER RESPONSIBILITY - We expect you to be thoroughly familiar with all specifications and requirements of this RFP. Your failure or omission to examine any relevant form, article, site or document will not relieve you, as a contractor, from any obligation regarding this RFP. By submitting a

Response, you are presumed to concur with all terms, conditions and specifications of this RFP unless you have specifically, by Section number, raised objection. Objections we consider excessive or affecting vital terms may reduce or eliminate your prospects for award.

1.3.2.1 SUBMISSION OF PROPOSALS – Proposals should be prepared in such a way as to provide a straight forward, concise delineation of capabilities to satisfy the requirements of the RFP. Extensive binding, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance and clarity of content.

1.3.2.2 COMPLETENESS – Proposals shall be completed in all respects as indicated. A proposal may be rejected if it is conditional or incomplete, or it contains irregularities of any kind.

1.3.2.3 FALSE/MISLEADING STATEMENTS - Proposals which contain false or misleading statements, or which provide references which do not support an attribute or capability of the proposed system may be rejected. If, in the opinion of SacSewer, such information was intended to mislead SacSewer in its evaluation of the Proposal and the attribute, condition or capability as a requirement of the RFP, the proposal shall be rejected.

1.3.2.4 PROPOSAL SIGNATURE – The proposal must be signed by an individual who is authorized to bind the responding firm contractually. The signature should indicate the title or position that the individual holds in the firm. Firms who sign their contracts with the name of the firm must provide the name of the corporate officer for signature validation by SacSewer. An unsigned proposal shall be rejected.

1.4 AWARD – SacSewer will award to the contactor who presents the greatest value, in our view, to

Sacramento Area Sewer District from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by SacSewer Purchasing Manager to be in the best interest of Sacramento Area Sewer District. Thus, the result will not be determined by price alone.

1.4.1 CONTRACT EXECUTION - This RFP and the Contractor’s Response will be made part of any resultant Contract(s) and will be incorporated in the Contract as set forth. This RFP and the Contractor’s response will be made part of any resultant Contract and will be incorporated in the Contract as set forth.

1.5 PRECEDENCE - In the event of contradictions or conflicts between the provisions of the documents comprising the Contract, they will be resolved by giving precedence in the following order:

1) The provisions of the Contract (as it may be amended);

2) The provisions of the RFP (as it may be supplemented);

3) The provisions of the Contractor's Response (as it may be clarified);

1.6 CONTRACT PERIOD - Any contract resulting from this RFP shall be for a three year period commencing with contract award. SacSewer reserves the right to extend any resulting contract(s) for two additional one-year terms. Renewals for the second and third year will be per mutual agreement between SacSewer and the contractors.

1.6.1 ISSUING OFFICER – The issuing officer and mailing address to send proposals, questions, and all other correspondence concerning the RFP is:

Tamblynn Stewart

Senior Contract Service Officer

Sacramento Regional County Sanitation District

(916) 875-9014 stewartt@sacsewer.com

1.7 SPECIAL PROVISIONS

1.7.1 Experience: The Contractor shall have at least five years of business experience in providing temporary

Electrician Contract Services to commercial firms and/ or governmental agencies

1.7.2 Security: The successful Respondent and their employees will be responsible for adhering and conforming to all SacSewer security procedures and policies. This will include observing and reporting any suspicious or unusual activity that threatens safety or security. Relevant Plant security policies and procedures will be made available to all Respondents attending the mandatory walk-through.

1.7.3 Health and safety:

a. Contractor shall provide injury and illness prevention training to employees; specifically, employees shall be trained in hazardous materials and bio-hazardous materials (clean up and dispose of bodily fluids, human waste, etc.) handling and disposal procedures.

b. Contractor shall plan and conduct work in a manner that will safeguard all persons from injury and shall take all precautions as required by Cal-OSHA and General Industrial Safety Orders for health and safety.

c. Before starting any part of the work, contractor’s assigned personnel must first attend a safety training session presented by SacSewer staff for specific areas of the plant where hazardous chemicals are stored. When necessary, SacSewer may expect the attendance of the contractor management crew to other safety training sessions at no additional expense to SacSewer.

SacSewer may stop any person who has not attended a required safety training session from further performing on the contract. In addition, SacSewer may stop any person who has not adhered to the plant’s safety requirements from further performing on the contract.

d. SacSewer shall make every possible effort to accommodate the needs of the Contractor, consistent with safety and operational requirements, and in the interest of prompt completion mailto:stewartt@sacsewer.com of the work. Contractor shall comply with the requirements of the current SacSewer safety

Manual, CAL Osha, and Title 8 and 19 of the California Code of Regulations. In certain

Areas, the District safety requirements exceed California OSHA safety requirements and those

Safety requirements will be provided prior to the start of the work.

The Contractor shall submit their Workers Compensation Experience Modification Factor

(EMF), and the previous year’s Cal/OSHA Form 300A-Summary of Work Related Injuries and

Illnesses.

1.7.6 Safety Audits

In accordance with the California Code of Regulations, Title 19, Section 2760.12, SacSewer may obtain and evaluate the Contractor’s safety performance and programs when work involves performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process (chlorine, sulfur dioxide, and/or digester gas systems). The Contractor shall submit a copy of their current safety program(s) as it pertains to contract work performed on or adjacent to a covered process. Examples of documents required may include items such as safety manuals, I.I.P.P., training documentation, and certification.

1.7.7 SCERS POST RETIREMENT EMPLOYMENT POLICY

A. Any employee of, or contractor retained by, CONTRACTOR who is retired from Sacramento

County service is subject to SCERS Post Retirement Employment Policy and must adhere to limitations on post-retirement service, including a 180-day waiting period before working for the

County or SacSewer and a 960-hour per calendar year cap when working for the County or SacSewer.

B. Upon execution of this Agreement, CONTRACTOR shall report to SacSewer in writing, the names of current and future employees who will provide services under this Agreement, that are retired from

Sacramento County employment.

C. CONTRACTOR must report to SacSewer in writing on a semi-annual basis (January 5th and July

5th of each calendar year), the names of employees retired from Sacramento County employment providing services under this Agreement, and hours those employees have worked during the applicable reporting period. CONTRACTOR shall submit reports to

SDASCERSReporting@sacsewer.com.

D. CONTRACTOR shall not assign employees to provide services under this Agreement in violation of SCERS Post Retirement Employment Policy.

mailto:SDASCERSReporting@sacsewer.com

SPECIFICATIONS

Electrical Systems

1.0 General

1.1 This specification describes the minimum requirements for Electrical Systems for the Sacramento

Area Sewer District (SacSewer) Control and Electrical Systems (CES) group. SacSewer requires a contract to assist in the maintenance of all existing Process Electrical Equipment, at SacSewer.

Maintenance support shall be done by a qualified technician who, by virtue of acceptable training, education, and documented experience is qualified to maintain process electrical equipment.

Acceptable training shall include successful completion of the manufacturers’ training courses or successful completion of applicable technical courses in a recognized trade school. Personnel assigned to work at SacSewer must have specific training and certification to insure that work is performed in a professional manner and in accordance with all safety requirements. The assigned

Electrician will report to SacSewer Control & Electrical Systems Manager, Gary Spangler (916)

875-9197, or his designated representative for assignments.

SacSewer will decide the level of service to be provided. All SacSewer assignments will be subject to District review and approval of the resume, qualifications and actual work performed.

2.0 Minimum Qualifications

2.1 Electrician: must have completed a five-year apprenticeship and have two years journeyman experience in the installation, maintenance, and repair of industrial electrical system components and equipment. Include a resume, outlining the electrician’s background, experience, and training with the correct documentation. An Apprentice may assist the above Electrician as needed.

2.1 (A) Along with a current Certified General Electricians Card via DIR

2.2 Company shall maintain a current State Contractor’s License.

2.3 Company shall maintain current insurance coverage. Proof of the insurance shall be kept current and resubmitted when changes take place and should any contract extension take place. An approved insurance policy must be on file at SacSewer before any work can begin.

3.0 Scope of Work

3.1 In-house project support - Electrical installation, maintenance, repair and testing primarily for medium voltage (600 volts and over) equipment and components

3.1.1 Medium voltage substations:

▪ Transformers

▪ Air switches

▪ Switchgear

▪ VCP breakers

▪ Protective relay meters and monitoring equipment

3.2.1 Medium voltage electrical work:

▪ Cable installation, removal, splicing, termination and connections per IEEE specifications

▪ Temporary generator connections

▪ Overhead line and pole repairs/replacement

3.2 Electrical Safety – Required to have a complete understanding of safe work practices in accordance with:

▪ NFPA 70E, lockout tagout (LOTO) regulations for all voltages and any other applicable industry and site specific safety requirements

3.3 Responsibilities

3.3.1 On-call

▪ Will be on call for 24/7 service availability to provide emergency repairs and troubleshooting at the SacSewer Wastewater facility electrical system

4 Physical Requirements

4.3 Ability to work while standing on a ladder

4.4 Ability to work while standing on a platform elevated over twenty (20) feet above ground

4.5 Ability to lift 50 pound objects

4.6 Ability to work outside under all weather conditions

4.7 Ability to work in bucket trucks, JLG’s and other aerial lifts.

4.8 Ability to distinguish colors used in electric wiring color coding

4.9 Ability to work in close proximity to strong electromagnetic fields

5 Work Hours

5.3 Electricians work 40 hours per week.

5.4 The overtime rate applies for work that exceeds 8 hours per day or 40 hours per week.

5.5 Work hours are 6:30 a.m. to 2:30 p.m. Monday through Friday. Possibility of weekend work if needed.

6 Work Tools

6.3 Electricians must supply and use their own hand-tools. This includes screwdrivers, pliers, cutters, and terminal crimpers, voltage testers up to 600V and DMM meter along with cordless tools, any specialty Electric or pneumatic driven tools are generally provided by SacSewer.

6.4 All other electronic test equipment as needed.

7 Special Requirements

7.3 License requirements: The Electrician assigned must possess a valid California Driver’s License, Class C or higher. Failure to maintain this license may cause SacSewer to refuse the services of the

Electrician. CDL copies shall be provided to the District prior to assignments being made. SacSewer shall be notified immediately if any CDL changes occur.

7.4 Plant Safety Orientation: The Electrician assigned will be required to attend a Plant Safety

Orientation class which may include (but, not limited to) the following topics; Chemical and Gas area authorization, gas monitor usage, and confined space entry procedures.

8 Service Vehicle

8.3 SacSewer may request a service vehicle be provided by the Contractor, for use by the electrician.

That vehicle will serve as transportation for the Electrician within Sacramento Area Sewer District service area. The vehicle must have current registration with the California DMV.

8.4 SacSewer may request a service vehicle which will be charged at the rate quoted on the price proposal sheet. Mileage will not be reimbursed for driving to and from the job site, before or after work hours.

8.5 Service vehicle should be equipped with step ladders in the 4’, 6’, 8’, height and a 16-20’ extension ladder.

9 Personnel

9.3 Contractor shall provide relief personnel as necessary to ensure that each assignment is performed per specifications, regardless of employee absenteeism

9.4 Assigned personnel shall be able to speak, read, and understand the English language to the extent needed to perform the required services satisfactorily and safely at an industrial plant environment. Assigned personnel shall be able to read and understand all warning and danger signs posted throughout the plant of potential hazards and instructions to safety. The lead person or responsible member of the crew shall also be able to communicate the English language in writing with SacSewer custodial representative regarding any incident or inquiry. Further, such person shall be at least 18 years of age and shall be able to telephone or radio the plant control center in the event of an emergency.

9.5 Contractor will be required to learn the proper operation of the security alarm system.

9.6 Contractor shall notify SacSewer of any irregularities noted during performance of services including, but not limited to, doors left unlocked, lights not working or left on, defective plumbing, graffiti, vandalism, and/or damage to building contents.

9.7 The successful Respondent and their employees will be responsible for adhering and conforming to all SacSewer security procedures and policies. This will include observing and reporting any suspicious or unusual activity that threatens safely or security. Relevant Plant security policies and procedures will be made available to all Respondents attending the mandatory walk-through.

9.8 Contractor shall only bill SacSewer monthly in areas for the satisfactory electrician service performed

10.0 Information provided in this proposal:

• Cover Page (page 1)

• Notice to Contractors

• Key Action Dates

• Introduction

• Specifications

• Cost Response Page

• Evaluation and Award

• General Conditions

• Terms and Conditions

• Invoicing

• Contractor License Certification

• Insurance Requirements for Contractors

• Regarding Insurance Coverage

• Vendor Questionnaire

• Confidential Response

• Customer References

• Subcontractors

• Exception Response Page

Proposal Response: Interested proposers must complete and return the following pages/sections by the closing date and time shown on the cover page in order to be considered.

• Cover Page with authorized signature (page 1)

• Cost Response Page

• Contractor License Certification

• Regarding Insurance Coverage

• Vendor Questionnaire

• Confidential Response

• Customer References

• Subcontractors

• Exception Response Page

• Two (2) copies of proposal and mark the original as the “Original” or “Master Copy”

Note: SacSewer will not accept proposals by way of facsimile transmission or e-mail. Proposals must be signed and received in a sealed envelope. Refer to instructions on the cover page.

Protests: After receipt of Sac Sewer’s Intent to Award notice, any proposer who has questions or concerns should immediately contact the Issuing Officer for discussion. Any proposer who believes that they have grounds for a protest must submit a written protest on company letterhead within three (3) business days after the Intent to Award letter has been sent out. Any protest letter must state the specific grounds for protest and the actions being requested of SacSewer. No protest received after 4 p.m. on the 3rd business day shall be accepted.

If any SacSewer holiday falls within the 3 business day protest response period the protest acceptance period will be extended by the holiday(s). For example, if the Intent to Award notice is issued on a Friday, a protest must be received by Wednesday at 4 p.m. Should any of the 3 days be a County holiday the deadline will be extended by the number of holidays occurring during the 3 business day protest response period.

COST RESPONSE PAGE

Cost Response Page: Labor Rates

1.1 Electrician:

Straight Time Rate: $ /hour

Overtime Rate: $ /hour

1.2 Service Vehicle:

$ per /day

Holidays

The following holidays are observed by SacSewer. Technicians will not normally be scheduled to work on the days that are chosen by the County to observe these holidays.

Holiday List:

• New Years Day

• Martin Luther King Day

• Abraham Lincoln’s Birthday

• George Washington’s Birthday

• Cesar Chavez Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Indigenous Peoples’ Day

• Veterans’ Day

• Thanksgiving & Day After

• Christmas Day

EVALUATION AND AWARD: The evaluation team will consist of representative(s) from SacSewer.

Proposals will be evaluated in three phases, as follows:

Phase 1: In phase 1, Proposals will be examined as to whether or not the Respondents understood and responded in accordance with the following requirements:

2. Attendance by the Respondent at a Mandatory Pre-Proposal walk-through site inspection of SacSewer.

Proper completion and submittal of required Proposal documents.

Respondents who did not respond in accordance with any of the above requirements will be immediately disqualified.

Phase 2: In phase 2, Proposals that were not disqualified in phase 1 will be evaluated and scored using the table below.

Evaluation Criteria Maximum Points Score

Qualification

· Experience

· References

· Quality of service

· Promptness of service

· Reliability/dependability

Capacity/Capabilities

· Facility

· Equipment

· Staff

Employment Practices

· Policies and procedures

· Employee benefits

· Training

· Injury & illness prevention program

(safety)

· Affiliations and accreditations

Work Plan

· Schedule, work plan, products, and staffing

· Integrity/expertise of contractor

· Contractor’s commitments, warranties and representation (quality assurance)

Quality of Response

· Adherence to RFP special provisions, specifications, terms and conditions

· Completeness of answers to questionnaire

Total score

Phase 3: In phase 3, those Respondents with a score of less than 75 will be disqualified. Competitive pricing will determine the successful Respondent from all of those with a score of 75 or greater.

GENERAL CONDITIONS

1. BID/QUOTE/PROPOSAL All of the terms and conditions of the bid, quote, or proposal against which.

this purchase document is applied, and are hereby incorporated.

2. SALES TAX NOT INCLUDED: Unless otherwise definitely specified, the unit prices do not include

California sales and use tax or Sacramento County sales and use tax.

3. AMERICANS WITH DISABILITIES ACT: As a condition of accepting a purchase order from

SacSewer, the Vendor certifies that their business entity is in compliance with the Americans with Disabilities

Act of 1990, as amended.

4. HOLD HARMLESS: The Vendor shall hold SacSewer, its officers, agents, servants and employees harmless from liability of any nature or kind because of use of any copyrighted, or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at his own expense, any and all actions brought against SacSewer or himself because of the unauthorized use of such articles.

5. DEFAULT BY VENDOR: In case of default by Vendor, SacSewer may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Vendor, the difference between the price named in the contract or purchase order and actual cost thereof to SacSewer.

Prices paid by SacSewer shall be considered the prevailing market price at the time such purchase is made.

Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the SacSewer Purchasing Manager.

6. RIGHT TO AUDIT: SacSewer reserves the right to verify, by examination of Vendor’s records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

7. ASSIGNMENT: (a) This award is not assignable by Contractor either in whole or in part, without the prior written approval of SacSewer Purchasing Manager. (b) In submitting a quote to a public purchasing body, the quoter offers and agrees that if the quote is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.

15) & the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from the purchases of goods, materials, or services by the quoter for sale to the purchasing body pursuant to the quote. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the quoter.

8. APPLICABILITY TO HEIRS: Time is of the essence of each and all the provisions of this agreement and, subject to the limitations of Paragraph 8, the provisions of this agreement shall extend to and be binding upon and inure to the benefits of the heirs, executors, administrators, successors, and assigns of the respective parties hereto.

9. F.E.T. EXEMPTION: SacSewer is exempted from payment of Federal Excise Tax. No federal tax shall be included in price.

10. CHARGES NOT INCLUDED ON FACE NOT ACCEPTABLE: No charge will be accepted for packing, boxing, or cartage, except as specified in the Notice of Award. Freight collect shipments will not be accepted. Merchandise will not be accepted if payment is to be made at the time of delivery.

11. TITLE: Except as otherwise expressly provided herein, title to and risk of loss on all items shipped by seller to buyer shall pass to the buyer upon buyer’s inspection and acceptance of such items at buyer’s building.

12. CHANGES WITHOUT NOTICE PROHIBITED: No changes in price, quantity or merchandise will be recognized by SacSewer without written notice of acceptance thereof prior to shipment.

13. ALL UNDERSTANDINGS IN WRITING: It is mutually understood and agreed that no alteration or variation of terms of this award shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto.

14. FORCE MAJEURE: Neither CONTRACTOR nor SACSEWER shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except as otherwise specifically provided herein).

15. SPECIAL CONDITIONS: Buyer’s standard terms and conditions shall govern any contract awarded. If, after award of contract, Vendor provides additional terms or conditions, they shall be considered void. To the extent not otherwise stated in the contract, the California Commercial code shall apply.

TERMS AND CONDITIONS

Valid offer: Proposals received are an irrevocable offer and shall be valid for ninety (90) days following the closing date for receipt of Proposals.

Changes to Proposal: SacSewer retains the right to negotiate changes in a Proposal by any offeror, and to reject any or all Proposals if none of the submissions are responsive to its needs.

Public Record: All Proposals become the property of SacSewer. Accepted Proposals and any subsequent award become public records. Proprietary material must be clearly marked as such. Pricing and service elements of the successful Proposal will not be considered proprietary information.

Terms of sale: Terms of sale may include a cash discount; however, a minimum of “Net 30 days” will be required for this RFP/award.

F.o.b. point: The f.o.b. point shall be f.o.b. destination (SacSewer facilities).

Licenses and permits: Contractor shall obtain and keep in effect at all times during the duration of the contract, any licenses and permits necessary for the Contractor's operations. All such costs shall be at the Contractor's expense.

Health and safety: The Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take all precautions as required by Cal-OSHA (California-Occupational Safety and Health

Administration) and the General Industry Safety Orders for health and safety.

Hazardous materials: All materials subject to the requirements of the California Code of Regulations, Title 8, Article 110, Section 5194 must be identified.

Material safety data sheet: It is required by law that all hazardous materials be accompanied with a “material safety data sheet” (MSDS) at time of delivery.

Work on District premises: Except for those risks inherent in the work to be performed by the Contractor, SacSewer agrees to provide the Contractor and its employees a safe working environment for any work in the performance of this contract that must be undertaken on premises owned or leased by SacSewer. While the

Contractor’s employees are on SacSewer’s premises, the Contractor shall maintain strict work discipline and effect its work in compliance with governmental laws or regulations pertaining to occupational safety and health.

Contractor shall not enter SacSewer premises to start work without making prior arrangements.

Standards of conduct: The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to his/her employees as may be necessary. In addition, the Contractor and crew shall always be courteous, cooperative, and professional toward SacSewer representative and the public in the course of their work. All assignments and problems shall be handled promptly and professionally to the satisfaction of SacSewer.

Public safety: The Contractor shall erect such warning and directional signs as may be necessary for public safety.

Protection of property: The Contractor shall take every precaution to protect all public and private property during the performance of this contract. Any damage to existing facility or property caused by the contractor's personnel or equipment will be promptly repaired by SacSewer to the condition existing before the damage occurred, and the

Contractor and/or the Contractor’s surety shall fully reimburse SacSewer for all expenses, including the cost of labor.

Correspondence: The Contractor shall respond to all inquiries and complaints in an expeditious manner.

Correspondence shall be conducted on the contractor’s official stationery. The Senior Contract Services Officer shall receive a copy of all correspondence.

Timely reporting of incidents: The Contractor shall immediately report any on-the-job incident to SacSewer representative. At the earliest available time following the incident, the Contractor shall prepare and submit a written report to SacSewer representative, fully documenting the incident.

Right to terminate: Either party may terminate this agreement, without cause, by notice from the terminating party to the other party specifying the effective date of termination, which date shall be at least thirty (30) calendar days after receipt of notice by the non-terminating party. Notwithstanding, the Contractor shall remain obligated to perform services pursuant to this agreement and SacSewer shall remain obligated to pay compensation for services performed prior to the effective date of such termination.

The monthly rate shall be prorated for a partial month as follows:

(Monthly rate 22 working days) x the number of days worked.

Changes in work: Should SacSewer, at any time during the progress of said work, request any alterations, deviations, additions, or omissions from the said agreement, specifications, or plans, it shall be at liberty to do so.

And the same shall in no way affect or make void the agreement, but will be added to or deducted from the amount of said agreement price as the case may be, by a fair and reasonable valuation subject to the mutual agreement of the parties.

Unrestricted quantities: SacSewer is not limited to purchase all of its requirements from any contract resulting from this RFP/award.

Subcontracting: The performance of the work may not be subcontracted except upon consent of SacSewer; and, no such subcontracting will be permitted if it would relieve the original Contractor or his surety of their responsibilities under the agreement.

Non-recognition of subcontractors: No subcontractor will be recognized as such, and all persons engaged in the work under the blanket order will be considered as employees of the Contractor, and their work shall be subject to all provisions of the blanket order. SacSewer and its representatives will deal only with the Contractor, who shall be responsible for the proper execution of the work.

Dismissal of unsatisfactory employees: If any person employed by the Contractor or any subcontractor fails or refuses to carry out the directions of SacSewer representative, or is, in the opinion of SacSewer representative, incompetent, unfaithful, intemperate, or disorderly; or uses threatening or abusive language to any person at the facility; or if otherwise unsatisfactory, he/she shall be removed from the work immediately, and shall not again be employed on the work except upon consent of SacSewer representative.

Liability of District officials: Neither SacSewer, nor its officers, employees, agents, nor representatives, nor any of them shall be responsible for any liability arising in the performance of the contract. For instance, the Contractor may elect to store his/her equipment, materials, and supplies at the job site (upon obtaining permission), but does so at his/her own risk.

Nondiscrimination: The Contractor shall not discriminate in the provision of services because of color, race, creed, national origin, religion, sex, sexual orientation, age, or physical or mental handicap in accordance with Title VI of the Civil Rights Act or 1964 (42 U.S.C. Section 2000d), the American with Disabilities Act (42 U.S.C. Section

12131 et seq.), and all other applicable laws and regulations requiring no discrimination.

Non-assignment: Contractor shall neither assign nor subcontract any of the services required under this contract without prior written consent of SacSewer.

Contractor not an agent: Except as SacSewer may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of SacSewer in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this agreement to bind SacSewer to any obligation whatsoever.

Compliance with all laws: Contractor shall comply with all applicable federal, state, and local statutes, ordinances, regulations, directives, and laws and this contract shall be deemed to be executed with the state of California and construed with and governed by the laws of the state of California.

Clarification, Exception or Deviation: Each Respondent may clarify or describe any exception or deviation from the requirements as set forth herein. Each clarification, exception or deviation must be clearly identified and submitted with your Proposal response. If there are no clarifications, exception or deviation indicated, it will be considered that none exist.

In writing: Oral communications with SacSewer employees about this Request for Proposal shall not be binding on SacSewer, and shall not excuse the Contractor from any obligation set forth herein. No modification or amendment to this Request for Proposal shall be valid unless it is set forth in writing -- via a signed addendum or amendment from the Purchasing Division buyer.

Integration: This contract constitutes the entire contract between SacSewer and the Contractor regarding the subject matter of the contract. Any prior agreements, whether oral or written, between SacSewer and the Contractor regarding the subject matter of this contract are hereby-terminated effective immediately upon full execution of this contract. No modification or amendment to this contract shall be valid unless it is set forth in writing and is signed by the parties hereto.

Independent contractor:

1. It is understood and agreed that Contractor (including Contractor's employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto. Contractor's assigned personnel shall not be entitled to any benefits payable to employees SacSewer. SacSewer is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this agreement; and as an independent contractor, Contractor hereby indemnifies and holds SacSewer harmless from any and all claims that may be made against SacSewer based upon any contention by any third party that an employer-employee relationship exists due to this agreement.

2. It is further understood and agreed by the parties hereto that Contractor in the performance of its obligation hereunder is subject to the control or direction of SacSewer as to the designation of tasks to be performed, the results to be accomplished by the services hereunder agreed to be rendered and performed, and not the means, methods, or sequence used by Contractor for accomplishing the results.

3. If, in the performance of this agreement, Contractor employs any third persons, such person shall be entirely and exclusively under the direction, supervision, and control of Contractor. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor.

4. It is further understood and agreed that as an independent contractor and not an employee of SacSewer, neither the Contractor nor Contractor's assigned personnel shall have any entitlement as a SacSewer employee, right to act on behalf of SacSewer in any capacity whatsoever as agent, nor to bind SacSewer to any obligation whatsoever.

5. It is further understood and agreed that Contractor must issue W-2 and 941 Forms for income and employment tax purposes, for all of Contractor's assigned personnel under the terms and conditions of this agreement.

Responsibility of independent contractor:

1. Contractor as an independent contractor, shall be liable and hereby expressly assumes and accepts exclusive liability as an employer under the Federal Insurance Contribution Act, the Federal Unemployment Tax Act, Federal Social Security Act, the Unemployment Compensation Act, or any other Federal or State laws or acts which in any way affect or relate to the relationship of employer and employee, and shall be liable for

Social Security or Unemployment Compensation or other taxes or penalties arising or levied by reason of the employment of such persons, and shall be responsible for the collection and remittance of any taxes so levied, upon Contractor, on account of the persons employed by Contractor.

Non-performance:

1. Whenever, in the opinion of SacSewer, the work is neglected by the Contractor, SacSewer may request to have the Contractor bring additional labor, materials, and supplies into the work. If the Contractor fails to correct the unsatisfactory condition(s) within five (5) working days, the Contractor shall be advised of so in writing. SacSewer shall have no obligation to give the Contractor more than two (2) notices of unsatisfactory performance during the contract period; and, should the Contractor again fail to perform the services pursuant to the contract, SacSewer may declare the contract in default, terminate the contract, and contract with another.

2. In the event of default by Contractor, SacSewer shall be liable only for payment of those services performed and accepted prior to the date of termination. Additionally, the Contractor and/or surety may be held liable and may be assessed any and all costs for the re-procurement of services.

3. Upon termination due to unsatisfactory performance, SacSewer shall be under no obligation to buy any equipment, materials, or supplies remaining in the Contractor’s inventory that the Contractor bought in anticipation of this contract.

Background check:

1. SacSewer reserves the right to review the personal background and conduct security clearances on the

Contractor’s assigned personnel. The Contractor shall certify that all employees assigned to work under the contract have successfully passed a criminal background check, prior to assignment. The Contractor shall cooperate with the SacSewer authorities and shall comply with all regulations in effect during the contract period.

2. Upon the request of SacSewer, the successful Respondent shall provide the names of all persons who may be assigned to do the work on the contract for the purpose of completing a criminal background check.

The following information shall be provided with each name to SacSewer: date of birth, Social Security number, California driver’s license number, and current address.

3. Any person or persons not acceptable to SacSewer shall be prohibited from working on the contract. The contract may not be awarded if the Contractor will be unable to perform the work with the number of persons acceptable to SacSewer.

Invoicing

1. Submit electronic copies of invoices to:

sacsewerap@sacsewer,com

Elk Grove, CA 95758

2. Date of Service for each invoice shall contain a minimum of the following information: invoice number and date; remittance address; “bill to” and “ship to” addresses; contract number, quantities; item descriptions, unit prices and extensions; sales / use tax; and invoice total.

3. For payment purposes, the contractor shall list the Contract number from SacSewer for each invoice. If the contract number does not appear on the contractor's invoice, payment may be delayed because it would generally take longer to match the vendor’s invoice with the customer’s contract.

4. Invoices shall be rendered monthly in arrears.

Invoice discrepancies shall be handled in a professional, courteous, and expeditious manner.

In the State of California, government agencies are not allowed to pay excess interest and late charges. Per

Government Codes, Section 926.10, interest shall be entitled commencing the 61st day and shall be 6 percent per annum.

mailto:SRCSDFiscal@sacsewer.com

CONTRACTOR LICENSE CERTIFICATION

Pursuant to the Business and Professions Code of the State of California, Section 7030:

“Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, 9821 Business Park Drive, Sacramento, California 95827, Mailing Address: P.O. Box 26000, Sacramento, California 95826.”

The undersigned Contractor certifies that it is now licensed in accordance with the provisions of the Contractor’s

License Law of the State of California, and the number of said license is , and the classification of said license is , and the said license expires .

Company Name

Business Address

By:

Authorized Signature

Type or Print Name

Title

Dated:

Corporate Seal

If Contractor is a Corporation

State of Incorporation:

INSURANCE REQUIREMENTS FOR CONTRACTORS

A. GENERAL REQUIREMENTS

1. During the entire term of this contract, Contractor shall maintain the insurance coverage described in the insurance terms below.

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

3. If the Contractor maintains broader coverage and/or higher limits than the minimum shown below, the

District requires and shall be entitled to the broader coverage and/or higher limits maintained by the

Contractor. Without limiting Contractor's indemnification, Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives or employees. The District shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If in the opinion of the District’s Risk

Manager, insurance provisions in these requirements do not provide adequate protection for District and for members of the public, the District may require Contractor to obtain insurance sufficient in coverage, form and amount to provide adequate protection.