Bid Notice-Municipal Groundwater Well Drilling Contractors.pdf

REQUEST FOR QUALIFICATIONS

MUNICIPAL GROUNDWATER WELL DRILLING

CONTRACTORS

Bid Transaction #: Q26141311020

Issue Date: October 29, 2026

Questions Due Date: November 5, 2026 at NOON

RFQ SUBMITTAL DEADLINE

Submittal Deadline November 19, 2026 by 3:00 p.m.

Submit Statements of Qualification Electronically Via:

http://www.planetbids.com/portal/portal.cfm?CompanyID=15300

Contact for Additional Information:

Questions regarding this Request for Qualifications should be directed via PlanetBids only per the instructions and deadlines outlined in the RFQ timeline below.

Table of contents

A. INTRODUCTION

1. Purpose

2. Background

3. Scope of Services

4. Project Budget and Term of the Contract

5. Deadline

6. LBE Requirements

B. RFQ SUBMITTAL REQUIREMENTS

1. Submittal Process

2. Contents of Submittal

C. SELECTION PROCESS

1. General

2. Planned Schedule

D. ADMINISTRATIVE INFORMATION

1. Professional Services Agreement

2. Tax Forms

3. Addenda and Supplements

4. Business Operations Tax Certificate (B.O.T.C.)

5. Miscellaneous

E. ATTACHMENTS

1. SUBMITTAL SIGNATURE

2. RATING FORM

3. LOCAL BUSINESS ENTERPRISE (LBE) PARTICIPATION REQUIREMENTS- Waived

4. LOCAL BUSINESS ENTERPRISE (LBE) PREFERENCE VERIFICATION FORM

5. LOCAL BUSINESS ENTERPRISE (LBE) PARTICIPATION VERIFICATION FORM

6. AGREEMENT EXAMPLE

REQUEST FOR QUALIFICATIONS (RFQ)

PROFESSIONAL SERVICES

for the

DEPARTMENT OF UTILITIES

MUNICIPAL GROUNDWATER WELL DRILLING CONTRACTORS

A. INTRODUCTION

1. Purpose

The City of Sacramento, Department of Utilities (DOU) is requesting the submittal of a Statement of Qualifications (SOQ) for professional services to perform municipal groundwater well drilling and construction.

Interested firms or individuals are invited to submit their SOQ in accordance with the requirements of this RFQ. This RFQ provides information about the project tasks, qualification statement preparation, and the selection process.

2. Background

The City is seeking qualified general contractors with the experience, skill, and resources to successfully drill and construct municipal groundwater production wells, test wells, and monitoring wells. The RFQ process will be utilized to select a pool of contractors that the City may invite to bid on well drilling projects over the next five years. For each project, the Department of Utilities (DOU) will recommend contract award to the contractor from the pool that submits the lowest responsible bid.

3. Scope of Services

Firms responding to this RFQ shall provide statements of qualification in accordance with the requirements of Section B demonstrating their ability to drill and construct municipal groundwater production wells, test wells, and monitoring wells.

Future projects may include, but are not limited to, site preparation and mobilization; drilling;

collection and documentation of drill cuttings; geophysical logging; installation of well casing, well screen, filter pack, annular seals, and sanitary seals; well development; installation and operation of temporary pumping equipment; pumping and aquifer testing; well disinfection;

management and disposal of drilling fluids and other waste materials; site restoration; and other related work necessary to complete the wells.

Over the five-year period covered by this RFQ, the City currently anticipates constructing up to five production wells, five test wells, and five monitoring wells. Individual projects for which prequalified contractors may be invited to bid may include the construction of a single well or multiple wells. Based on current planning, future wells are anticipated to have casing diameters of 20 inches or less, borehole diameters of 48 inches or less, and depths ranging from approximately 500 to 1,500 feet. Construction estimates are anticipated to range from approximately $100,000 to $3,000,000 (reflecting project scopes that may range from a single shallow, small-diameter test well to multiple deep production wells), with construction performance periods ranging from approximately 90 to 180 working days. These quantities and ranges are preliminary, and actual project requirements may vary. The City will define the specific scope of work and bidding requirements for each project in separate plans, specifications, and bid documents issued to the applicable prequalified contractors.

Establishment of the prequalified contractor list does not guarantee any contractor a minimum number of bid opportunities, projects, or contract value.

4. Project Budget and Performance Period

The Department currently is proposing a $100,000 tp $3,000,000 budget for this project at over the five-year period.

The anticipated time period for the performance and completion of services is approximately 90- 180 working days per project.

The selected firm(s) will meet with City staff to identify the specific tasks, schedule, and budget for the Agreement.

5. Deadline

SOQs must be received by 3:00 p.m. on 11/19/2026, as described in Section B of this RFQ.

6. Local Business Enterprise (LBE) Requirements

The City’s LBE program applies to this RFQ process in two ways:

a. Minimum LBE Participation: To be considered responsive, a SOQ must demonstrate that a qualified LBE or LBEs will perform services in an amount equal to at least 5% of the total agreement amount. This requirement applies to professional service agreements of $250,000 or more. For more information, see Attachment 3 - Local Business Enterprise (LBE) Participation Requirements. This requirement will not apply if the agreement amount is less than $250,000.

Minimum LBE Participation requirement waived:* No Yes X

* IF “YES” IS CHECKED ABOVE, THE MINIMUM LBE PARTICIPATION REQUIREMENT

DOES NOT APPLY TO THIS RFQ PROCESS.

b. LBE Evaluation Preference: Firms submitting a SOQ that qualify as an LBE will receive a point preference as part of the evaluation process, as indicated on the evaluation and rating form attached as Attachment 2.

B. RFQ SUBMITTAL REQUIREMENTS

1. Submittal Process

Firms or individuals interested in submitting qualifications for this project should respond to this Request for Qualifications (RFQ) by submitting an electronic SOQ, via PlanetBids, providing all the information requested below. The SOQ will be considered complete only if all of the items listed in this section are included in the submittal.

Please note that the SOQ submittal must include a completed and signed Submittal Signature Page (Attachment 1).

2. Contents of Submittal

The SOQ submittal must be limited to the equivalent of twelve, 8½x11” pages (font 11 or larger), not including introductory letter, resumes, LBE Preference Verification Form (Attachment 4), LBE documentation (if applicable), Submittal Signature page (Attachment 1) and work samples (optional). The submittal must be uploaded to PlanetBids as the “Response File”.

Please provide and present the following information in the order listed, in a clear and concise format:

The Response File should contain the following:

a) General Information

Introductory letter describing firm’s basic understanding of the services identified. This letter should also contain an expression of the firm’s interest in the work, a statement regarding the qualifications of the firm to do the work, and any summary information that may be useful or informative to the City.

Other items that should be included in the introductory letter are:

Firm Name.

Corporate office and local office address, city, state, zip code, telephone number, fax number, and web site addresses Brief firm history, background, specialties, ownership California contractor license number, license classification, expiration date, and current license status. The Proposer shall identify an active C-57 Water Well Drilling Contractor license held in the Proposer’s legal name.

Proposal contact person, address, phone number, e-mail address Office location or locations where the work will be accomplished by the proposing firm and subcontractors.

b) Management and Organization

Describe the Proposer’s organizational capacity and management systems for performing municipal groundwater well drilling and construction projects. The response should include:

An organizational chart identifying the Proposer’s management structure and the personnel responsible for project management, field supervision, quality control, safety, contract administration, and other key functions.

A description of the process used to select and assign project managers, superintendents, drilling crews, and other personnel based on the size, complexity, and schedule of an individual project.

A description of the qualifications and relevant experience of the personnel who would generally be responsible for managing and supervising the types of projects described in Section A.3.

The Proposer’s standard procedures for communication and coordination with project owners, engineers, inspectors, subcontractors, regulatory agencies, and other project stakeholders.

The systems and procedures used to manage project schedules, costs, submittals, requests for information, change orders, subcontractors, project documentation, and reporting.

The Proposer’s approach to maintaining continuity of project management and field supervision when personnel changes or competing workload demands occur.

The Proposer’s experience and capacity managing multiple public works projects concurrently.

The qualifications and anticipated roles of the key personnel identified in the SOQ are important factors in the City’s evaluation and continuing qualification of the Proposer.

During the period in which the Proposer remains on the prequalified contractor list, the Proposer shall promptly notify the City in writing of any change to the identified key personnel and submit the qualifications of the proposed replacement. Any proposed replacement shall possess qualifications and experience equal to or greater than those of the individual being replaced and must be approved by the City in writing before being assigned to work on a City project. The City reserves the right to reevaluate the Proposer’s qualification if the Proposer does not maintain personnel with the qualifications and experience necessary to perform the anticipated work.

c) Technical Capabilities and Resources

Describe the Proposer’s technical capabilities and resources available to perform the types of well drilling and construction work described in Section A.3. The response should include:

The drilling methods the Proposer is equipped and experienced to perform.

A description of the drilling rigs and major equipment owned, leased, or otherwise available to the Proposer, including the maximum borehole diameter, casing diameter, and drilling depth each drilling rig can accommodate.

The Proposer’s ability to construct wells with casing diameters up to 20 inches, borehole diameters up to 48 inches, and depths up to 1,500 feet.

The number, size, composition, and qualifications of the drilling crews and other field personnel generally available to perform the work.

A description of the well-construction, well-development, and pumping-test equipment available to the Proposer.

Identification of the work the Proposer typically performs with its own forces and the work typically performed by subcontractors.

The Proposer’s standard approach to quality assurance and quality control during well drilling and construction.

The Proposer’s safety program and procedures applicable to well drilling and construction activities.

The availability of backup equipment, repair capabilities, or other resources used to minimize interruptions resulting from equipment failure.

If the City determines, based on its review of the SOQ, that the Proposer does not possess sufficient personnel, equipment, technical expertise, experience, or other resources to perform the types and anticipated range of well drilling and construction work described in Section A.3, the City can disqualify the Proposer from further consideration. The City can consider the entirety of the information provided in the SOQ when making this determination.

Demonstrated Performance

Provide three (3) client references, addresses, and telephone numbers for similar ongoing or completed projects by Proposer.

Describe Key Project team members’ past and ongoing experience in construction of potable water wells of similar depth and diameter. Speak to the team’s successes in regard to:

Customer service relationships Schedule management Budget/Cost management Quality management Risk management

Provide an attachment or appendix with resumes including applicable experience for Project Manager, superintendent, and other key individuals.

Disclose any potential conflict of interest that may result from the performance of any of the services described in Section A of this RFQ. These may include any actual, apparent, or potential conflicts of interest that may exist with respect to the firm, employees, or other persons relative to the services requested.

Additional attachments that must be uploaded include:

a) Complete and signed Submittal Signature Page (Attachment 1).

b) Complete form entitled “Local Business Enterprise (LBE) Preference Verification Form” (see Attachment 4) and attach a current copy of the City of Sacramento Business Operations Tax Certificate and/or County of Sacramento Business License if applicable.

Attachment 4 must be completed and submitted whether or not your firm is qualified as an

LBE.

c) If the Project Budget in Section A of this RFP is $250,000 or more, complete the form entitled “Local Business Enterprise (LBE) Participation Verification Form” (Attachment 5).

This form must be included with the cost estimate (Item d below) and uploaded via PlanetBids. This form is not required if the minimum LBE participation requirement is waived in Part A of this RFP.

d) The proposed cost for the services outlined in the scope of services is to be uploaded into PlanetBids, prior to the submittal due date. This cost information will not be used as part of the evaluation and ranking process.

For more information, including Contractor's Q&As, see the following website:

http://www.planetbids.com/portal/portal.cfm?CompanyID=15300

C. SELECTION PROCESS

1. General

List and describe municipal groundwater well projects involving wells with a casing diameter of at least 18 inches and a completed depth of at least 800 feet that the Proposer has completed or begun within the last five years. These project descriptions should be thorough and address key elements of Proposer services and performance including schedule adherence, budget adherence/change orders, customer satisfaction, safety, quality, and any other attribute pertaining to performance of similar projects. If the Proposer does not provide sufficient project examples or supporting information demonstrating the required experience, the City can disqualify the Proposer from further consideration.

The City will determine whether the submitted project experience sufficiently demonstrates compliance with these requirements.

After the submittal deadline has passed, a selection committee will review and rate each of the SOQs received and rank the SOQs in accordance with the criteria provided in the Rating Form.

The SOQs may be ranked based solely on the selection committee’s review and ranking of the SOQ’s and references, without conducting any interviews. Alternatively, the selection committee may elect to conduct interviews with the top-ranked firms prior to making a final ranking determination. Interview evaluation factors, if interviews are held, will include an overall demonstration of the project manager’s ability to manage the project and the project team’s knowledge and expertise in the subject area and ability to perform the required tasks, based on the depth and professionalism of the interview presentation. If interviews are held, the selection committee will score the SOQs based on both the SOQ rankings and the interview results, as indicated in Attachment 2 –Rating Form.

After scoring the SOQs, if the agreement amount will be $250,000 or more the City will determine which firms meet the minimum 5% LBE participation requirement, which is required for a SOQ to be responsive if the agreement amount will be $250,000 or more.

(This is not required if the minimum LBE participation requirement is waived in Part A of this RFQ.)

The City will invite selected firms to bid on well drilling projects over the next 5 years.

The issuance of this RFQ shall not be interpreted as, and does not constitute, a representation by the City that any specific firm or firms will be retained to perform any of the services described herein, and a firm shall not acquire any right or entitlement to be retained for such purpose by virtue of submitting a response to this RFQ.

The City reserves the right to issue additional RFQ(s) for the performance of these services at any time. The City may select qualified firms that submit SOQs in response to this RFQ, and/or any subsequent RFQ, to perform all, some or any of the consulting services required by the City.

The City also reserves the option to cancel or modify this RFQ and the selection process at any time.

2. Planned Schedule

The following is the anticipated schedule. The schedule may be modified as needed (firms will be notified of changes as necessary).

Questions regarding this Request for Qualifications should be directed via the City of Sacramento’s online bid portal per the instructions and deadlines outlined in the RFQ timeline below.

Request for Qualifications issued ................................................................................ 10/29/2026 Last Day to Ask Questions (if necessary) ...................................................................... 11/5/2026 Last Addendum Posting Date (if necessary) ................................................................ 11/12/2026 SOQs due ................................................................................................................... 11/19/2026 Selection Panel Review ............................................................................. 12/5/2026 – 12/9/2026 Interviews (optional) .............................................................................................................. TBD Scope and Cost Negotiations ................................................................................................ TBD Executed Agreement ............................................................................................ (Approximately)

The above dates are approximate and may be changed by the City (firms will be notified of changes as necessary).

It is important that the firm selected be able to respond quickly during the above process.

D. ADMINISTRATIVE INFORMATION

1. Professional Services Agreement

Attachment 6 is a copy of the City’s Professional Services Agreement template. Please note that if the City’s Agreement template is updated prior to execution by the selected firm, execution of the updated Agreement template will be required.

The selected firm must comply with the standard provisions set forth in the Agreement, including compliance with the City’s Equal Benefits Ordinance and Ban-the-Box Ordinance. For additional information regarding the City’s Equal Benefits Ordinance or Ban-the-Box Ordinance, contact Procurement Services at (916) 808-6240. Information also is available on the following website:

http://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

The Agreement also requires Commercial General Liability, Automobile Liability, Workers’ Compensation and Employer’s Liability insurance. For this project, Professional Liability (Errors and Omissions) insurance will also be required.

After contractor selection, before the Agreement is signed the City will indicate whether or not employees of the selected firm are subject to Political Reform Act filing requirements. (See Agreement Exhibit A, section 3.)

2. Tax Forms

Links to tax forms needed for the City to release payments for services completed are provided below. The selected firm must provide a W-9 form and either a California form 587 or California form 590 with the executed Professional Service Agreement.

Forms and instructions are available on the following websites:

California forms: https://www.ftb.ca.gov/forms/search/index.aspx Federal forms: https://apps.irs.gov/app/picklist/list/formsPublications.html

3. Addenda and Supplements

The City reserves the right to cancel, postpone, extend, or revise this RFQ or the RFQ process at any time. If it becomes necessary to revise any part of this RFQ, any addenda will be posted on the following website:

http://www.planetbids.com/portal/portal.cfm?CompanyID=15300# (Vendor registration for this “City of Sacramento Vendor Portal” is free, and allows viewing of all Sacramento postings.)

4. Business Operations Tax Certificate (B.O.T.C.)

Sacramento City Code Chapter 3.08 requires any person or firm conducting business with or within the City of Sacramento to pay a Business Operations Tax and to have a current Business Operations Tax Certificate. To obtain information about the Business Operations Tax Certificate, contact the City of Sacramento Revenue Division, 915 I Street, Sacramento, CA 95814, or telephone 916-808-8500.

5. Miscellaneous

By submitting a SOQ, the submitting firm acknowledges and agrees that the SOQ and all other materials submitted shall become the property of the City of Sacramento, may be reviewed and evaluated by any person(s) at the discretion of the City, and may be publicly disclosed as public records.

E. ATTACHMENTS

REQUIRED SUBMITTAL DOCUMENT ATTACHMENT 1

ATTACHMENT 1 SUBMITTAL SIGNATURE PAGE Page 1 of 1

SUBMITTAL SIGNATURE

All FIRMS must complete and sign this form. Failure to complete and sign this form may result in rejection of submittal.

Name of Firm:

Business Address:

Telephone: Fax:

Type of Business:

Corporation

Partnership

Individual doing business under own name

Individual doing business using a firm name

Joint Venture (Attach Joint Venture Agreement)

Federal Tax I.D. Number:

City of Sacramento Business Operations Tax Number:

(Mandatory only if recommended for contract award)

Signature Date

Print Name Title

FOR INFORMATIONAL PURPOSES ONLY ATTACHMENT 2

ATTACHMENT 2 STATEMENT OF QUALIFICATION RATING FORM Page 1 of 1

RATING FORM

MUNICIPAL GROUNDWATER WELL DRILLING CONTRACTOR.

Firm:

Selection Committee Member:

Date of Review:

Selection Committee Member Signature:

Criteria* Available Points**

Score

1. General Information 0

2. Management and Organization 20

3. Technical Capabilities and Resources 40

4. Demonstrated Performance 35

5. References 5

6. LBE 5

Total 105

* References shall supplement scoring in the appropriate criteria ** Total possible points must equal 105

Interview Criteria (Optional) Available Points

Score

1. Interview 20

2. LBE 1

Total 21

LBE Participation (Only for agreements of $250,000 or more)

Yes No

Waived

Must meet or exceed 5% LBE participation to be responsive, unless LBE participation requirement is waived

FOR INFORMATIONAL PURPOSES ONLY ATTACHMENT 3

CITY OF SACRAMENTO LBE PROGRAM - Approved by City Attorney 05/20/2020

REQUIREMENTS FOR THE LOCAL BUSINESS ENTERPRISE PROGRAM

(LBE Program)

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 contracts.

APPLICATION

As summarized in the table below, there are two components to the LBE Program:

1. LBE Preference: For certain contracts, a 5% LBE Preference is applied during the bid evaluation process.

2. 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

Non- Professional

Services

Public

Projects

Goods

Non-

Public

Projects Apply 5% LBE Preference YES YES YES YES NO NO YES NO

Apply 5% Minimum LBE Participation Requirement

NO

YES

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:

1. An established business entity operating within the selected areas for at least 12 consecutive months prior to submission of bid; and

2. Legally operating a location in the City or unincorporated area of Sacramento County that is either:

a. a principal business office or workspace; or

b. 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 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.

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.

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 awarded to the LBE is increased by 5% of the total possible evaluation points.

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.

City may waive or reduce the LBE Participation requirements on some procurement opportunities prior to acceptance of bids or proposals upon authorization from the City Manager or City Manager’s designee.

PARTICIPATION LEVEL REQUIREMENTS

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.

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.

LBE REQUIREMENTS FOR CONTRACTOR

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.

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.

ATTACHMENT 3 LBE PARTICIPATION REQUIREMENTS

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.

REQUIRED SUBMITTAL DOCUMENT ATTACHMENT 4

ATTACHMENT 4 LBE VERIFICATION FORM Page 1 of 1

LOCAL BUSINESS ENTERPRISE (LBE) PREFERENCE VERIFICATION FORM

All FIRMS must complete and sign this form. Failure to complete and sign this form may result in rejection of submittal

a. LBE SELECTION PREFERENCE

The Sacramento City Council has adopted a Local Business Enterprise Preference program to provide enhanced opportunities for the participation of local business enterprises (LBEs) in the City’s contracting and procurement activities. To receive this evaluation preference, a firm must be qualified prior to the submittal due date.

A Local Business Enterprise 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 in the City of Sacramento or unincorporated County of Sacramento. Evidence of legitimate business presence shall be as follows:

Having a current City of Sacramento Business Operation Tax (BOTC) Number or a County of Sacramento Business License (CBL) Number; and

Having either of the following type of office or workspace operating legally within the City of Sacramento or the unincorporated County of Sacramento:

The LBE’s principle business office or workspace;

OR

The LBE’s regional, branch, or satellite office with at least one full time employee.

b. LOCAL BUSINESS ENTERPRISE (LBE) DOCUMENTATION

Is the submitting firm qualified as a Local Business Enterprise? Check the appropriate box:

YES - the firm submitting is qualified as a local business enterprise.

NO - the firm submitting is not qualified as a local business enterprise.

If “YES”, provide submitting firm’s BOTC or CBL Number, and local office or workspace address*:

BOTC or CBL No.: __________________________________ (must be current)

Local Office or Workspace Address:

* Address must be a local physical office or workspace address. This excludes P.O. Boxes.

REQUIRED DOCUMENT TO BE UPLOADED VIA PLANETBIDS ATTACHMENT 5

ATTACHMENT 5 LBE PARTICIPATION VERIFICATION FORM Page 1 of 1

Local Business Enterprise (LBE) Participation Verification Form

Professional and Nonprofessional Service Agreements of $250,000 or More

Proposer/Bidder Name: _

Proposal/Bid Amount: _ Is the Proposer/Bidder an LBE? Yes No

IF THE PROPOSER/BIDDER IS USING SUBCONTRACTORS OR SUB-TIER SUPPLIERS TO SATISFY THE LBE PARTICIPATION REQUIREMENT OF THIS SOLICITATION, THIS FORM MUST BE SUBMITTED WITH THE

PROPOSAL OR BID FOR THE PROPOSER OR BIDDER TO BE CONSIDERED FOR AWARD.

THIS FORM MUST BE INCLUDED WITH THE SEALED COST ESTIMATE IF THE REQUEST FOR PROPOSAL

REQUIRES A SEPARATE SEALED COST ESTIMATE.

LBE Business Entity Name and Physical Address, no PO Box (subject to verification)

Description of Work, Services or Supplies to be provided

Estimated Dollar Value of Work, Services or Supplies

COPY AND ATTACH ADDITIONAL SHEETS AS NECESSARY

The Proposer/Bidder hereby certifies that each business entity listed on this LBE Participation Verification Form has been notified that it has been listed and has consented in writing to its name being submitted for this proposal or bid. The Proposer/Bidder also certifies that it will notify each business entity listed on this Form in writing if the agreement is awarded to the Proposer/Bidder, and will make all documentation relevant to the listed business entities and LBE participation available to the City of Sacramento upon request. The Proposer/Bidder further certifies that all the information contained in this Form is true and correct and acknowledges that the City will rely on the accuracy of this information in awarding the agreement.

Form Revised 10/19/2020

To be eligible for this agreement, the proposer or bidder shall list below all the business entities (subcontractors or suppliers) used to attain the 5% LBE participation requirement. Estimated dollar values shall be provided for all work, services or supplies listed. The failure to attain the 5% LBE participation or the inclusion of false information or the omission of required information will render the proposal or bid non-responsive.

CONTRACT #: PROJECT:

CONTRACT NAME: NOT-TO-EXCEED AMOUNT:

AGREEMENT TERM: SOLICITATION:

AUTHORIZED RENEWALS: LBE (Y/N):

DEPARTMENT/DIVISION: COUNCIL FILE ID:

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 ______________________________________________________________(“Contractor”).

The City and Contractor hereby mutually agree as follows:

1. CONTRACT DOCUMENTS

The Contract Documents, sometimes also referred to as the “Contract,” consist of 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 (if applicable) Local Business Enterprise (LBE) Requirements Requirements of the Non-Discrimination in Employee Benefits Code Ban-The-Box Requirements CWTA Requirements (if applicable) 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 Project Progress Payment Application 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

Form approved by City Attorney 11-12-25 2 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.

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:

_______________________________________ (PN: )

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 $________ , as 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

Form approved by City Attorney 11-12-25 3

Standard Specifications, based on the actual amount of each such item performed and/or furnished and incorporated in the Work; provided that in no event shall the total sum for a unit price item exceed the total bid amount set forth 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, as defined in section 1-25 of the Standard Specifications (“Engineer”), shall present to the Contractor a statement, which may be in the form of a Project Progress Payment Application, 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 and execute the statement in writing, and the City’s labor compliance officer provides written approval, the City shall issue a certificate for payment of ninety-five (95) percent of the amount in the statement 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. Contractor’s written approval and execution of the statement shall contain a signed certification under penalty of perjury under the Laws of the State of California that all items, units, prices, and quantities listed in the monthly estimate are correct, and that all Work has been performed, and materials supplied in full accordance with the conditions of applicable laws, rules, and regulations, and the Contract Documents.

C. No inaccuracy or error in said monthly statements or 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 statement, certificate, or estimate for payment.

D. Contractor shall not be paid for any defective or improper Work.

E. 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

Form approved by City Attorney 11-12-25 4

22300, upon execution of the City’s Escrow Agreement for Security Deposits in Lieu of Retention.

F. 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.

G. 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. PUBLIC WORKS REQUIREMENTS

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

3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773.

Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract.

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

B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.

Form approved by City Attorney 11-12-25 5

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

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

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

D. Apprentices. If this…