Procurement

On September 19, 2023, the City of American Canyon adopted a resolution (2023-75) electing to be subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA) for City Public Works Projects costing up to $200,000. The City’s ordinance authorizes the use of informal bidding procedures in compliance with CUPCCAA. Monetary limits may be adjusted by State Controller and such monetary limits shall prevail & apply.

Under the informal bidding procedures, the Director of Public Works is authorized to develop and maintain lists of contractors in accordance with Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

The City of American Canyon has designated Construction Trade Journals per CUPCCAA(PDF, 56KB). CUPCCAA does provide for the City to notify additional contractors and/or construction trade journals beyond those on the list.

The City of American Canyon is creating its list of contractors which may be interested in performing Public Works projects to be informally bid. The City of American Canyon will create a new contractors list effective January 1 of each calendar year and may include any contractor's name it desires on the contractors list, but must include, at a minimum, all contractors who have properly provided the City with the required information, either during the calendar year in which the list is valid or during November or December of the prior year. If new licenses are secured through the course of the year, Contractors shall contact the City to update their information so that they may be added to the additional relevant list. A contractor may have their firm added to the City's contractors list at any time by providing the required information.

Once contractors are on the list, a notice inviting informal bids for projects costing up to the limit set forth above will be emailed to all contractors on the list for the category of work to be bid. Being on the list assures contractor notification of informally bid projects where that contractor has notified the City that the Contractor has the appropriate license required for that work.

Contractors interested in being included in the lists must submit the following required information via the CUPCCAA Required Information Form or by email to rhendryx@cityofamericancanyon.org or acorey@cityofamericancanyon.org.

• Name & Address: The name and address reflecting business name and mailing address.
• Email Address: The best email to which notices of public project should be sent.
• Phone Number: A phone number at which the contractor may be reached.
• Type of Work: The type of work that the contractor is interested in and currently licensed to perform (earthwork, pipelines, electrical, painting, general building, etc.).
• License Classification & Number: The class of contractor license(s) type held, the contractor’s license number(s) and expiration date(s).
• DIR Number: Contractor’s Registration Number with the California Department of Industrial Relations (DIR #) and expiration date.

The California Uniform Public Construction Cost Accounting Act (CCUPCCAA) is under the umbrella of the California Uniform Public Construction Cost Accounting Commission and provides for alternative bidding procedures pursuant to the Public Contract Code, Sections 22000 through 22045, when an agency performs public project work by contract.

As of March 1, 2015, all contractors bidding on a public works project must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 http://www.dir.ca.gov/public-works/publicworks.html

The following is required for the award of any contract with the City of American Canyon:

• Business License: All Contractors under contract with the City of American Canyon must obtain a business license with the City of American Canyon at https://businesslicense.cityofamericancanyon.org/ or in person at City Hall, 4381 Broadway, Suite 201, American Canyon, CA 94503.

• W-9: All Contractors under contract with the City of American Canyon must submit a W-9 to the Public Works Department prior to the issuance of a Purchase Order. Work can not be performed without a Purchase Order.

• Insurance: Contractor or Consultant 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 work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.
  
  Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
  
  Contractor shall furnish City with copies of original endorsements affecting coverage required. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
  • Commercial General Liability (CGL): Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, attorneys, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
    
    
  • Automobile Liability: Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
    
    
  • Workers’ Compensation Insurance: Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

The Contractor or Consultant makes the following certification, required by section 1861 of the California Labor Code: 

• Contractor shall provide the following Surety Bonds:
  • Bid Bond
  • Performance Bond
  • Payment Bond
  • Warrantee Bond
  The Payment Bond and Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Warrantee Bond is not necessary. If the warranty period specified in the contracts is for longer than one (1) year a Warrantee Bond equal to ten percent (10%) of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

• Specific Insurance Provisions:
  • Insurance Limits: The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
    
    
  • If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
    
    
  • Notice of Cancellation, Suspension or Otherwise Voiding Policies: Each insurance policy required above shall contain, or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
    
    
  • Waiver of Subrogation: Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
    
    
  • Deductibles and Self-Insured Retentions (“SIR”): Any deductibles or self-insured retentions above $25,000 must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
    
    All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
    
    Policies containing any SIR provision shall be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
    
    
  • City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
    
    
  • Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.

• Claims Made Policies: (note - should be applicable only to professional liability, see below)

1. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
   
   
2. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
   
   
3. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
   
   
4. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
   
   
5. A copy of the claims reporting requirements must be submitted to the City for review.

• Subcontractors: Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
  
  Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

• Verification of Coverage: Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
• Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

• Failure to Comply: Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

• Applicability of Coverage: Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Contractors interested in being included in the lists must submit the following required information via the CUPCCAA Required Information Form.